Royal Legislative Decree 2/2015, On 23 October, Which Approves The Recasted Text Of The Law Of The Statute Of Workers.

Original Language Title: Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11430

(He article Uno.d) of it law 20 / 2014, of 29 of October, by which is delegates in the Government it power of dictate different texts consolidated, under it established in the article 82 and following of the Constitution Spanish, authorized to the Government to approve a text consolidated in which is integrate, duly regularized, clarified and harmonized, the text consolidated of it law of the Statute of them workers approved by Royal Legislative Decree 1/1995, of March 24, and all related legal provisions which are listed in that section, as well as the rules of legal rank that have modified them. He term for the realization of said text was of twelve months starting from the entrance in force of the cited law 20 / 2014, that had place the 31 of October of 2014.

This legislative Royal Decree has been submitted to consultation of the most representative trade unions and business organizations. In addition, has been informed by the Council economic and Social.

By virtue, on the proposal of the Minister of employment and Social Security, according to the Council of State and after deliberation by the Council of Ministers at its meeting of October 23, 2015, have: single article. Adoption of the revised text of the law of the Statute of workers.

Approves the revised text of the law of the Statute of workers then inserted.

Sole repeal provision. Repeal legislation.

They are hereby repealed many provisions of equal or lower rank to oppose provisions in this legislative Royal Decree and in the revised text, which approves and, in particular, the following: 1. the Royal Legislative Decree 1/1995 of 24 March, which approves the revised text of the law of the Statute of workers.

2. the fourth additional provision and the transitional provision second law 12/2001, of 9 July, on urgent measures to reform the labour market to increase employment and improve its quality.

3. the seventh additional provision and the transitional provision of law 43/2006, of 29 December, second for the improvement of growth and employment.

4. the first and third additional provisions and transitional provisions first, second and twelfth law 35/2010 of 17 September, on urgent measures for the reform of the labour market.

5. Article 5, the fifth additional provision and transitional provisions first and second of the Royal Decree-Law 10/2011, August 26, on urgent measures for the promotion of the employment of young people, the promotion of stability in employment and maintenance of the program of retraining people who exhausted their unemployment protection professional.

6 article 17, the sixth and ninth, additional provisions transitional provisions fifth and sixth, paragraph 1 of the ninth transitional provision and transitional provisions tenth and fifteenth law 3/2012, July 6, on urgent measures for the reform of the labour market.

7. the available transient seventh of the Real Decree-Law 20 / 2012, of 13 of July, of measures to ensure the stability budget and of promotion of the competitiveness.

8. the additional provision of sixth of Royal Decree-Law 5/2013, 15 March, of measures to promote the continuity of the working life of older workers and to promote active ageing.

9. the transitional provision sole Royal Decree-Law 16/2013, of 20 December, of measures to promote stable recruitment and improve the employability of workers.

10. the transitional provision second law 1/2014, 28 February, to part-time workers protection and other urgent measures in the economic and social order.

Given in Oviedo, on 23 October 2015.

PHILIP R.

The Minister of employment and Social Security, FÁTIMA BÁÑEZ GARCIA text consolidated law of the Statute of workers index title I. The individual employment relationship.

Chapter i. General provisions.

Section 1 scope and sources.

Article 1. Scope of application.

Article 2. Labour relations of a special nature.

Article 3. Sources of the employment relationship.

Section 2 rights and basic job duties.

Article 4. Labour rights.

Article 5. Work-related duties.

Section 3 elements and effectiveness of the employment contract.

Article 6. Work for children.

Article 7. Capacity to contract.

Article 8. Form of the contract.

Article 9. Validity of the contract.

Section 4 modalities of the contract of work.

Article 10. I work in common and contract group.

Article 11. Training contracts.

Article 12. Contract part-time and relief contract.

Article 13. Working distance.

Chapter II. Content of the contract of employment.

Section 1 duration of the contract.

Article 14. Trial period.

Article 15. Duration of the contract.

Article 16. Intermittent contract.

Section 2 rights and duties arising from the contract.

Article 17. Non-discrimination in labour relations.

Article 18. Inviolability of the person of the worker.

Article 19. Safety and health at work.

Article 20. Direction and control of the work activity.

Article 21. Pact of non-attendance and permanence in the company.

3rd professional classification and promotion in the work section.

Article 22. Professional classification system.

Article 23. Promotion and professional training on the job.

Article 24. Promotions.

Article 25. Economic promotion.

Section 4 wage and salary guarantees.

Article 26. Wage.

Article 27. National minimum wage.

Article 28. Equal remuneration on the basis of sex.

Article 29. Settlement and payment.

Article 30. Impossibility of delivery.

Article 31. Bonuses outstanding.

Article 32. Salary guarantees.

Article 33. The wage guarantee fund.

5th working time section.

Article 34. Day.

Article 35. Overtime.

Article 36. Night work, work shifts and work rate.

Article 37. Weekly rest, holidays, and permissions.

Article 38. Annual holidays.

Chapter III. Modification, suspension and termination of the employment contract.

Section 1 functional and geographical mobility.

Article 39. Functional mobility.

Article 40. Geographical mobility.

Article 41. Substantial working conditions changes.

Section 2 guarantees by change of employer.

Article 42. Subcontracting of works and services.

Article 43. Transfer of workers.

Article 44. Company succession.

Section 3 Suspension of the contract.

Article 45. Causes and effects of the suspension.

Article 46. Leaves of absence.

Article 47. Suspension of the contract or reduction of day due to economic, technical, organizational or production or arising from force majeure.

Article 48. Book of job suspension.

Section 4 termination of the contract.

Article 49. Termination of the contract.

Article 50. Extinction by the will of the worker.

Article 51. Dismissal collective.

Article 52. Extinction of the contract by causes objective.

Article 53. Form and effect of the extinction by causes objective.

Article 54. Dismissal discipline.

Article 55. Form and effect of the dismissal discipline.

Article 56. Dismissal unfair.

Section 5th procedure bankruptcy.

Article 57. Procedure bankruptcy.

Chapter IV. Fouls and penalties of those workers.

Article 58. Fouls and penalties of those workers.

Chapter V. limitation periods.

Section 1 prescription of actions arising from the contract.

Article 59. Prescription and expiration.

Section 2 limitation of offences and misdemeanours.

Article 60. Prescription.

Title II. Collective representation and rights of workers at the company meeting.

Chapter I. The right of collective representation.

Article 61. Participation.

Section 1 representative bodies.

Article 62. Staff delegates.

Article 63. Works councils.

Article 64. Rights of information and consultation and competencies.

Article 65. Capacity and stealth professional.

Article 66. Composition.

Article 67. Promotion of elections and mandate electoral.

Article 68. Warranties.

Section 2nd procedure election.

Article 69. Choice.

Article 70. Voting for delegates.

Article 71. Election to the Committee's business.

Article 72. Representatives of those who provide services in work permanent-intermittent and of workers not fixed.

Article 73. Table election.

Article 74. The table functions.

Article 75. Vote for delegates and works councils.

Article 76. Claims in electoral matters.

Chapter II. Of the right of Assembly.

Article 77. Assemblies of workers.

Article 78. Meeting place.

Article 79. Call.

Article 80. Votes.

Article 81. Premises and bulletin board.

Title III. Collective bargaining and collective agreements.

Chapter i. General provisions.

Section 1 nature and effects of the conventions.

Article 82. Concept and effectiveness.

Article 83. Bargaining units.

Article 84. Concurrency.

Article 85. Content.

Article 86. Entry into force.

Section 2 legitimation.

Article 87. Legitimation.

Article 88. Negotiating Committee.

Chapter II. Procedure.

1st processing, application and interpretation section.

Article 89. Processing.

Article 90. Validity.

Article 91. Application and interpretation of the collective agreement.

Section 2 membership and extension.

Article 92. Accession and extension.


First additional provision. Self-employment.

Second additional provision. Contracts for the training and the learning.

Third additional provision. Collective bargaining and fixed contract of work.

Fourth additional provision. Compensation concepts.

Fifth additional provision. Senior management staff.

Sixth additional provision. Institutional representation of the entrepreneurs.

Seventh additional provision. Regulation of conditions by branch of activity.

Provision additional octave. Of the labour code.

Ninth additional provision. National Advisory Committee on collective agreements.

Tenth additional provision. Clauses of the collective agreements relating to compliance with the ordinary age of retirement.

Eleventh additional provision. Accreditation of the capacity representative of the organizations Trade Union.

Twelfth additional provision. Notices.

Thirteenth additional provision. Non-judicial settlement of disputes.

Fourteenth additional provision. Consideration of victims of terrorism for working purposes.

Fifteenth additional provision. Application of the limits of duration of the contract for certain work or service and the chain of contracts in public administrations.

Sixteenth additional provision. Application for dismissal due to economic, technical, organizational or production in the public sector.

Seventeenth additional provision. Suspension of the contract of work and reduction in working hours in the public administrations.

Provision additional eighteenth. Discrepancies in terms of conciliation.

Nineteenth additional provision. Calculation of compensation in certain assumptions of day reduced.

Twenty additional provision. Contracts training concluded with workers with disabilities.

Additional provision twenty-first. Replacement of workers surplus to care for family members.

Available to transient first. Contracts concluded before the entry into force of this law.

Available to transient second. Contracts for the training and the learning.

Third transitional provision. Part-time contracts by partial retirement and relief and retirement age.

Fourth transitional provision. Collective bargaining and contractual arrangements.

Available to transient fifth. Limitation of the chain of contractual arrangements.

Sixth transitional provision. Supplementary hours.

Available to transient seventh. Duration of the permit of paternity in them cases of birth, adoption, keeps with purposes of adoption or foster care until the entry in force of the law 9 / 2009, of 6 of October.

Eighth transitory provision. Temporary contract termination severance.

Ninth transitional provision. Transitional rules in relation to the provisions of collective agreements concerning compliance with the ordinary age of retirement.

Tenth transitional provision. Regime applicable to records of employment regulation initiated under the previous regulations.

Eleventh transitional provision. Compensation for unfair dismissal.

Twelfth transitional provision. Wages processing.

First final provision. Title competence.

Second final provision. Regulatory development.

Title I of the individual relationship of work chapter I General provisions section 1 scope and sources article 1. Scope of application.

1. this law shall apply to workers who voluntarily provide their paid services within the field of organization and management of another person, or legal entity, known as employer or entrepreneur and self-employed.

2. for the purposes of this law, will be entrepreneurs all persons, natural or legal, or co-ownerships that receive services of the persons referred to in the preceding paragraph, as well as of the people hired to be ceded to business users by legally constituted companies of temporary work.

3 are excluded from the scope regulated by this law: to) the service relationship of civil servants, which will be governed by the relevant standards and regulations, as well as the staff at the service of public administrations and other bodies, agencies and entities of the public sector, when, under the protection of a law, that relationship is regulated by administrative or statutory rules.

(b) the statutory personal benefits.

(c) the activity limited, purely and simply, to the mere performance of the position of Director or member of the governing bodies in enterprises which are the legal form of society and always that his activity in the company only behavior realization of tasks inherent to such charge.

(d) the work carried out by way of friendship, benevolence and good-neighbourliness.

(e) the works family, unless it can be demonstrated the condition of employees of those who carry them out. Shall be considered family, for these purposes, provided that they live with the employer, spouse, descendants, ascendants and other relatives by consanguinity or affinity, up to the second degree inclusive and, where appropriate, by adoption.

(f) the activity of persons involved in commercial operations on behalf of one or more employers, provided that they are personally obliged to answer the good end of operation assuming the risk and ventura of the same.

(g) in general, all work that it carried out in development of relationship other than that defined in paragraph 1.

Such purposes means excluded the activity of supplying people of transportation under the protection of administrative authorisations which are holders of the workplace, carried out, by means of the corresponding price, with commercial vehicles of public service whose property or power direct provision holds, even when such services are carried out continuously for a same shipper or marketer.

4. the Spanish labour legislation shall apply to work providing the Spanish workers contracted in Spain in the service of Spanish companies abroad, without prejudice to the rules of public order applicable in the workplace. Such workers shall have, at least, the economic rights that apply to work on Spanish territory.

5. for the purposes of this law is considered workplace the production unit with a specific organization, which will be given high, as such, to the labour authority.

In the activity of work at sea is regarded as work center ship, being understood in the province where is located their base port.

Article 2. Labour relations of a special nature.

1 will be considered labour relations of a special nature: to) that of senior management staff not included in article 1.3. c).

(b)) the service of the family home.

(c) one of the convicts in prisons.

d) of professional athletes.

e) artists in public shows.

(f)) of persons involved in commercial operations on behalf of one or more business without taking on the risk and ventura of those.

(g) for workers with disabilities serving in special employment centres.

(h) the of port stevedores providing service through start-up entities available to workers at the companies of the port handling goods service licenses, always and when these institutions develop their activity exclusively in the port.

(i) of minors subject to the execution of detention measures for the fulfilment of their criminal responsibility.

j) of residence for the training of specialists in health sciences.

k) of lawyers serving in offices of lawyers, individual or collective.

(l) any other work that is explicitly declared as special working relationship by a law.

2. in all the cases referred to in the preceding paragraph, the regulation of these labour relations shall respect the basic rights recognized by the Constitution.

Article 3. Sources of the employment relationship.

1 rights and obligations relating to the employment relationship are regulated: to) by the legal and regulatory provisions of the State.

(b) by collective agreements.

(c) by the will of the parties, expressed in the contract of employment, their lawful and without being under any circumstances may be established to the detriment of the worker conditions less favorable or contrary to the laws and collective agreements before expressed.

(d) applications for professional and local customs.

2. the legal and regulatory provisions shall apply strictly subject to the principle of normative hierarchy. The regulations will develop the precepts that establish the norms of higher rank, but may not provide working conditions other than those established by law to develop.

3. conflicts arising between the precepts of two or more labour, both State and agreed, rules that must be respected in any case the minimum of necessary law, will be resolved through the application of the most favorable for workers as a whole, and on an annual basis, with respect to the quantifiable concepts.

4. the uses and customs only apply in the absence of statutory, conventional or contractual provisions, unless they have a reception or express remission.


5. workers may not have validly, before or after its acquisition of the rights that are recognized by legal provisions of law necessary. Nor may have validly of those rights recognized as unavailable by Convention collective.

Section 2 rights and duties employment basic article 4. Rights work.

1 workers have as basic rights, with the content and scope that has specific legislation for each of them, the from: to) work and free choice of profession or trade.

(b) free syndication.

(c) collective bargaining.

(d) adoption of collective measures.

(e) strike.

(f) meeting.

(g) information, consultation and participation in the company.

2 in the statement of work, workers are entitled: to) the effective occupation.

(b) to the promotion and vocational training at the workplace, including the aimed at their adaptation to the operated modifications in the workplace, as well as to the development of plans and training programs aimed to encourage their greater employability.

(c) to not be discriminated against direct or indirectly for the employment, or a time employees, by reasons of sex, State civil, age within the limits marked by this law, origin racial or ethnic, condition social, religion or convictions, ideas political, orientation sexual, affiliation or not to a Union, as well as by reason of language, within the State Spanish.

Nor may be discriminated against by reason of disability, provided that they were in terms of fitness to perform the work or job in question.

(d) to their physical integrity and proper policy of occupational risk prevention.

(e) to respect for their privacy and consideration due to their dignity, including protection against harassment by reason of racial or ethnic origin, religion or convictions, disability, age or sexual orientation, and against sexual harassment and harassment on grounds of sex.

(f) to the specific perception of compensation agreed or legally established.

(g) to the individual exercise of actions arising from his contract.

h) many others derived specifically from the employment contract.

Article 5. Work-related duties.

Workers have as basic duties: to) comply with specific obligations of work, in accordance with the rules of good faith and diligence.

(b) observe the measures of prevention of occupational risks to be taken.

(c) comply with the orders and instructions given by the employer in the regular exercise of its executive powers.

(d) does not concur with the activity of the company, on the terms set in this law.

(e) contribute to the improvement of productivity.

(f) many is derived, in its case, of the respective contracts of work.

3rd elements and efficacy of the contract of employment article 6 section. Work for children.

1. it is prohibited admission to work children under sixteen.

2. workers under eighteen years of age may not perform night work or activities or jobs which established limitations on recruitment in accordance with provisions in the law 31/1995 of 8 November, on occupational risk prevention, and in the applicable regulations.

3. it is prohibited to work overtime to children under eighteen years of age.

4. the intervention of children sixteen years in public entertainment only authorized in exceptional cases by the labour authorities, provided that it does not pose a danger to their health or to their professional and human formation. The permit shall include written and for certain acts.

Article 7. Capacity to contract.

The provision of work to hire: to) those who have full capacity to act in accordance with the provisions of the Civil Code.

(b) children under eighteen and older than sixteen, living independently, with the consent of their parents or guardians, or with the authorization of the person or institution that has them in their charge.

If the legal representative of a person of limited capacity expressly or tacitly authorized it to perform a job, is this also authorized to exercise the rights and fulfil the duties arising out of his contract and to its cessation.

(c) foreigners, in accordance with the specific legislation on the matter.

Article 8. Form of the contract.

1. the employment contract shall be entered in writing or Word. Presumed existing among all which provides services on behalf and within the scope of organization and management of another and which receives in Exchange for compensation to him.

2 must be written work when required by a provision of the law and contracts, in all case, the practices and for training and learning, part-time contracts, permanent-intermittent and relief, the contracts for the realization of a project or specific service, workers who work to distance and those hired in Spain in the service of Spanish companies abroad. Also shall include written contracts for period whose duration is more than four weeks. Failure to observe this requirement, the contract shall be presumed held indefinitely and full-time, unless proven otherwise, stating its temporary nature or the part-time nature of services.

Either party may require that the contract formalize in writing, even during the course of the employment relationship.

3. the employer is obliged to communicate to the public employment office, within the period of ten days of its conclusion and the terms that implementing regulations shall determine, the content of contracts of employment concluded or any extension thereof, be or not be formalised in writing.

4. the principal shall the legal representation of the workers a basic copy of all contracts that must take place in writing, with the exception of contracts for special employment relationship of senior management, which establishes the duty of notification to the legal representation of the workers.

In order to check the suitability of the content of the contract to current legislation, this basic copy will contain all details of the contract with the exception of the number of national document of identity or identity number of foreigner, domicile, marital status, and any other which, in accordance with the organic law 1/1982, may 5 civil protection of the right to honour, to personal and family privacy and self-image, it could affect personal privacy. The treatment of the information provided is subject to the principles and guarantees laid down in the applicable legislation on data protection.

The basic copy will be by the employer, in a period not exceeding ten days from the conclusion of the contract, legal representatives of the workers, who will sign it to prove that there has been delivery.

Subsequently, such basic copy will be sent to the employment office. When there is no legal representation of workers also must be formalized basic copy and refer to the employment office.

The representatives of the Administration, as well as the trade union organizations and business associations, which have access to the basic copy of contracts pursuant to their membership in the organs of institutional participation regulations having such powers, shall observe professional secrecy, not being able to use such documents for purposes other than which motivated his knowledge.

5. when the employment relationship is more than four weeks duration, entrepreneur shall inform in writing the worker, in the terms and deadlines established by regulation, about the essential elements of the contract and the main conditions of execution of the labor provision, provided that such elements and conditions not included in the contract of employment entered into in writing.

Article 9. Validity of the contract.

1 if only a part of the employment contract is null, it will remain valid in the rest, and shall be completed with the legal precepts appropriate in accordance with the provisions of article 3.1.

If the worker had assigned conditions or special remunerations under consideration set forth in the invalid part of the contract, the organ of the social jurisdiction stating the nullity on request will make the due pronouncement on keep or delete in whole or in part of these conditions or fees.

2. in the event that the contract is null, the worker may demand, by the work that already had lent, consequent to a valid contract compensation.

Section 4 modalities of the contract of employment article 10. I work in common and contract group.

1. If the employer gave work in common to a group of its workers, it will retain with regard to each one, individually, their rights and duties.

2 If the employer had entered into a contract with a group of workers considered in its entirety, you won't face each one of its members rights and duties as such they incumbent. The head of the group will hold the representation of those who comprise it, responding the obligations inherent to such representation.

3. If the worker, in accordance with what has been agreed in writing, asociare to work an Assistant or Assistant, the entrepreneur that will it be also this.

Article 11. Training contracts.


1. the contract of employment practices may enter into with those who are in possession of a university degree or vocational training medium or higher degrees officially recognized as equivalent in accordance with the regulatory laws of the existing educational system, or certificate of professionalism in accordance with organic law 5/2002 of 19 June (, qualifications and vocational training, which enable for professional practice, within five years, or seven years when the contract is concluded with a worker with disabilities, following the termination of the relevant studies, in accordance with the following rules: a) job must permit the obtaining of professional practice adequate to the level of studies or training completed. Through collective agreement State sectoral level or, in their absence, in lower-level sectoral collective agreements, may determine jobs work or occupational groups covered by this contract.

(b) the duration of the contract shall neither be less than six months nor exceed two years, within whose boundaries the collective agreements State sectoral level or, failing that, lower-level sectoral collective agreements may determine the duration of the contract, according to the characteristics of the sector and of the practices to perform.

The situations of temporary disability, risk during pregnancy, maternity, adoption, guardian for the purpose of adoption, fostering, risk during breast-feeding and paternity shall interrupt the computation of the length of the contract.

(c) no worker can be hired in practices in the same or different company by time upper to two years under the same degree or certificate of professionalism.

Nor is may be hired in practices in the same company for the same since of work by time superior to two years, although is try of different degree or different certificate of professionalism.

For the purposes of this article, the undergraduate degrees, master and, in his case, Ph.d., corresponding to university studies shall not be considered the same qualification, unless contracted for the first time a contract in practice the worker was already in possession of the degree in question.

(d) except it willing in Convention collective, the period of test not may be superior to a month for them contracts in practices celebrated with workers that are in possession of title of grade average or of certified of professionalism of level 1 or 2, or to two months for them contracts in practices celebrated with workers that are in possession of title of grade upper or of certified of professionalism of level 3.

(e) the remuneration of the worker will be it set in Convention collective for them workers in practices, without, in its defect, can be lower to the sixty or to the seventy and five percent during the first or the second year of validity of the contract, respectively, of the wage set in Convention for a worker that play the same or equivalent since of work.

(f) if to the term of the contract the worker continue in it company not may arrange is a new period of test, computing is the duration of the practices to effect of antiquity in the company.

2. the contract for training and learning purpose shall be the professional qualifications of workers in a system of alternation of work paid at a company with training activities in the framework of the system of vocational training for employment or educational system.

The contract for training and learning will be governed by the following rules: to) be concluded with workers over the age of sixteen and under twenty-five years lacking professional qualifications recognized by the system of vocational training for employment or education required to enter into a contract in practice. Workers who pursue vocational training of the educational system be eligible to this contractual modality.

The maximum age limit shall not apply when the contract is concluded with persons with disabilities or groups in a situation of social exclusion provided in the law 44/2007, of December 13th, for the regulation of the system of the enterprises of insertion, in cases that are hired by insertion companies that are qualified and active in the corresponding administrative register.

(b) the minimum duration of the contract will be for one year and the maximum of three. However, by means of collective agreement may set different durations of contract, according to needs, organizational or production of the companies, while the minimum length can be less than six months nor more than three years maximum.

In the event that a contract had been concluded for a duration less than the maximum legally or conventionally established, it may be extended by agreement of the parties, up to two times, unless the duration of each extension can be less than six months and the total duration of the contract does not exceed the maximum duration.

The situations of temporary disability, risk during pregnancy, maternity, adoption, guardian for the purpose of adoption, fostering, risk during breast-feeding and paternity shall interrupt the computation of the length of the contract.

(c) expired on the duration of the contract for training and learning, worker not may be hired under this modality by the same or different company, except that inherent in the new contract training aims at obtaining different professional qualification.

Not is can celebrate contracts for the training and the learning when the since of work corresponding to the contract has been played with previously by the worker in the same company by time superior to twelve months.

(d) the worker must get training inherent in the contract for training and learning directly from a training centre of the network referred to in the fifth additional provision of the organic law 5/2002, of 19 June, qualifications and vocational training, previously recognized for this purpose by the national employment system. Still, you can also get this training in the company when it had the facilities and staff adequate for the purpose of the accreditation of the competence or professional qualifications referred to in the letter e), without prejudice to the need, where appropriate, of the realization of complementary training periods in the centers of the mentioned network.

Work performed by the worker in the company must be related to training activities. The delivery of this training must be justified to the completion of the contract.

Regulations will be developed the teaching system and the characteristics of the training of workers in the training centres and enterprises, as well as its recognition, on a regimen of alternating with effective work to promote a greater relationship between this training and the learning of the worker. Training activities may include training not referred to the national catalogue of professional qualifications to adapt both to the needs of workers and firms.

Also will be subject to regulatory development aspects related to the financing of training activities.

(e) the qualification or professional competence acquired through contract for training and learning will be object of accreditation under the terms laid down in the organic law 5/2002, of 19 June, qualifications and vocational training, and its implementing regulations. In accordance with this regulation, the worker may request competent public administration the corresponding certificate of professionalism, training or, where applicable, be combined partial accreditation title.

(f) the time of effective work, which shall be compatible with the time devoted to training activities, may not be superior to seventy-five percent, during the first year, or to eighty-five per cent, during the second and third year of maximum hours provided for in the collective agreement or, failing that, to the maximum legal working. Workers may not work overtime, except in the case provided for in article 35.3. They may not perform night work or shift work.

(g) the remuneration of the worker hired for training and learning will be in proportion to the time of effective, pursuant to collective agreement.

In any case, the remuneration may be less than the national minimum wage in proportion to effective working time.

(h) the protective action of the Social security of workers hired for training and learning will include all copyrightable contingencies and benefits, including unemployment. Also be entitled to coverage of the wage guarantee fund.

((i) in the case of the worker to continue in the company at the end of the contract shall set out in the apartado1.f).


3. in the negotiation collective is set criteria and procedures aimed to get a presence balanced of men and women linked to the company through contracts training. Also, may establish are commitments of conversion of them contracts training in contracts for time indefinite.

Article 12. Contract part-time and relief contract.

1. the contract of work is means held full-time partial when is has agreed the provision of services during a number of hours to the day, to the week, to the month or to the year, lower to the day of work of a worker in time full comparable.

For the purposes of it willing in the paragraph above, is means by «worker full-time full comparable» to a worker time full of the same company and center of work, with the same type of contract of work and that perform a work identical or similar. If in the company not had any worker comparable full-time full, is considered the day full-time full planned in the Convention collective of application or, in its defect, the day maximum legal.

2. the part-time contract can arrange for an indefinite time or duration determined in the cases in which legally allow the use of this type of contracting, except in the contract for training and learning.

3. subject as provided in the preceding paragraph, the part-time contract means held indefinitely when it is concluded for fixed and regular work within the normal scope of activity of the company.

4 the part-time contract shall be governed by the following rules: a) the contract, in accordance with the provisions of article 8.2, should necessarily be formalized in writing. The contract should include the number of regular working hours a day, a week, a month or a year contract, as well as the mode of distribution as provided for in the collective agreement.

Failure to observe these requirements, the contract shall be presumed held full-time, unless proven otherwise proving the partial character of the services.

(b) when the part-time contract involves the execution of a working day less than the full-time workers and this is done in split form, it will only be possible to make a single interruption in the day, unless it is otherwise provided by collective agreement.

(c) part-time workers may not work overtime, except in the cases referred to in article 35.3.

The realization of additional hours will be governed by the provisions of paragraph 5.

In any case, the sum of ordinary and supplementary hours, including those previously agreed and the volunteers, may not exceed the legal limit of the part-time work defined in paragraph 1.

To these effects, the day of them workers full-time partial is recorded day to day and is totaled monthly, delivering copy to the worker, together with the receipt of wages, of the summary of all them hours made in each month, both them ordinary as them complementary to is concerns the paragraph 5.

Entrepreneur shall keep monthly abstracts of Conference records for a minimum period of four years.

Breach of obligations referred to registration, the contract shall be presumed held full-time, unless proven otherwise proving the partial character of the services.

(d) part-time workers have the same rights that workers full time. Where appropriate in view of its nature, such rights will be recognized in the legal and regulatory provisions and collective agreements in proportion, on the basis of time worked.

((e) the conversion of a working full time in a partial work and vice versa will always be voluntary for the worker, and may not be imposed unilaterally or as a result of a substantial change in working conditions on the basis of provisions of article 41.1. to). The employee may not be dismissed or suffer any penalty or detrimental effect because rejecting this conversion, without prejudice to the measures which, in accordance with the provisions of articles 51 and 52.c), can be taken for reasons economic, technical, organizational or production.

In order to facilitate the voluntary mobility in part-time work, the entrepreneur shall inform workers of the company about the existence of job vacancies, so those can formulate requests for voluntary conversion of a full-time job into a part-time job and vice versa, or for the increase of part-time workers working time all in accordance with the procedures established in the collective agreement.

In General, requests referred to in the previous paragraph must be taken into account, to the extent possible, by the entrepreneur. The refusal of the application must be notified by the employer to the worker in writing and reasoned way.

(f) collective agreements will establish measures to facilitate the effective access of workers part time to continuing vocational training, in order to encourage professional mobility and progression.

5 are considered complementary hours made as an addition to the ordinary hours stipulated in the part-time contract, subject to the following rules: to) single entrepreneur can carry out supplementary hours when thus had agreed it explicitly with the worker. The Pact on supplementary hours may agree at the time of the celebration part-time contract or subsequent thereto, but shall constitute, in any case, a specific agreement concerning the contract. The Pact will necessarily be formalized in writing.

(b) only it will formalize a part-time Pact of additional hours in the case of contracts with a work day not less than ten hours per week on an annual basis.

(c) the Covenant of supplementary hours should collect the number of additional hours which may be required by the employer.

The number of agreed additional hours may not exceed thirty per cent of the ordinary hours of work under contract. Collective agreements may provide for other maximum percentage, which, in any case, may be less than the above thirty percent or exceed sixty per cent of the contracted regular hours.

(d) the worker must know the day and time of preparation of the supplementary hours agreed upon with a minimum of three days notice, unless the Convention established a period of notice less.

(e) the Covenant of additional hours may be void by resignation of the worker, by fifteen days notice, once after one year from your celebration, when any of the following circumstances: 1 the attention of family responsibilities set forth in article 37.6.

2nd training needs, provided that credited the time inconsistency.

3rd incompatibility with another part-time contract.

(f) the Covenant of supplementary hours and conditions of realization of the same shall be subject to the rules laid down in the previous letters. In the event of a breach of such rules, the refusal of the worker to carry out supplementary hours, despite having been agreed upon, shall not constitute labour punishable conduct.

(g) without prejudice to the Pact's complementary hours, part-time contracts of indefinite duration with a working day not less than ten hours per week on an annual basis, entrepreneur may, at any time, offer workers carrying out supplementary hours of voluntary acceptance, whose number shall not exceed fifteen per cent, expandable to 30 percent by collective agreement , of the hours ordinary object of the contract. The refusal of the worker to the realization of these hours shall not constitute labour punishable conduct.

These additional hours not be computed for the purposes of the percentages of agreed additional hours provided for in point (c)).

(h) carrying out supplementary hours there will be respect, in any case, the limits in terms of day and laid down in the articles 34.3 and 4 breaks; 37.1 and 36.1.

(i) actually carried out supplementary hours remunerated as commonplace, computing for bases of contributions to Social Security and qualifying periods and regulatory bases of the performance. For this purpose, the number and reward of the carried out supplementary hours should collect individual receipt of wages and the contribution to Social security documents.


6. so the worker can access the partial retirement, in the terms established in the revised text of the General Social Security Act and other concordant regulations, it must be agreed with your company a reduction day and wage of between a minimum of 25 percent and a maximum of fifty percent and the company must simultaneously conclude a contract of respite care , pursuant to the following paragraph, in order to replace the workday left vacant by the worker who retires part. Also the relief contract can arrange to replace workers who retire partially after having reached the age of ordinary retirement that corresponds according to the established in the revised text of the General Social Security Act.

Day and wage reduction may reach seventy-five percent when the relief contract is concluded full-time and with indefinite duration, provided that the worker meets the requirements set out in the revised text of the General Social Security Act.

The performance of this contract of part-time work and their remuneration shall be compatible with the pension Social Security recognizes the worker in respect of partial retirement.

The employment relationship shall terminate upon the total retirement of the worker.

7 the relief contract shall conform to the following rules: to) will be held with a worker in a situation of unemployment or who had agreed with the company a contract for a fixed term.

(b) except as provided in the following two paragraphs, the duration of the contract of respite care that takes place as a result of a partial retirement must be indefinite or, at least, equal to the time that they lack the replaced worker to reach retirement age ordinary corresponding pursuant to the revised text of the General Social Security Act. If, on reaching that age, partially retired worker were to continue in the company, of relief that had been held by fixed-term contract may be extended by agreement with the parties for annual periods, becoming extinct in any case at the end of the period corresponding to the year in which occurs the total retirement of relief worker.

In the case referred to in the second subparagraph of paragraph 6, the relief contract must achieve at least one duration equal to the result of adding two years to the time missing the replaced worker to reach retirement age ordinary that corresponds according to the revised text of the General Social Security Act. In the event that the contract is extinguished before reaching the minimum length indicated, the entrepreneur is obliged to celebrate a new contract on the same terms of the extinct by the time remaining.

For the worker retired partially after have fulfilled the age of retirement ordinary planned in the text consolidated of it law General of it security Social, the duration of the contract of relay that may celebrate it company to replace it part of day left vacant by the same may be indefinite or annual. In the second case, the contract is automatically extended for annual periods, becoming extinct in any case at the end of the period corresponding to the year in which occurs the total retirement of relief worker.

(c) except in the case provided for in the second subparagraph of paragraph 6, the relief contract may be held to full-time or part-time. In all case, the duration of the day must be, as minimum, equal to the reduction of day agreed by the worker replaced. The schedule of work of the worker reliever may complete the of the worker replaced or simultaneous is with it.

(d) the place of work of the worker reliever may be the same of the worker replaced. In any case, there must be a correspondence between the contribution bases of both, in the terms provided for in the revised text of the General Social Security Act.

(e) in collective bargaining measures may be to boost relief contracts.

Article 13. Working distance.

1 it will be considered work that that provision of the work is carried out dominating at the home of the worker or the freely chosen by him, alternatively to their eye development in the center of the company's work instead.

2. the agreement whereby the working distance is established will be formalized in writing. So if the agreement is established in the initial contract as if it were higher, you shall apply the rules contained in article 8.4 for the basic copy of the employment contract.

3. workers distance will have the same rights that provide their services in the workplace of the company, except those that are inherent in the realization of the labor provision in the same in person. In particular, remote workers are entitled to receive, at a minimum, total remuneration established according to their professional group and functions.

The employer shall establish the means necessary to ensure effective access of these workers to vocational training for employment, in order to further their professional development. Also, in order enable the mobility and promotion, must inform to them workers to distance of the existence of posts of work vacancies for its development face-to-face in their centers of work.

4 distance workers are entitled to adequate protection in safety and health resulting from the application, in any case, provisions of the law 31/1995 of 8 November, of occupational risk prevention, and its implementing regulations.

5 remote workers may exercise the rights of collective representation as provided in this law. To these workers such effects must be attached to a particular work center.

Chapter II content of the contract of employment section 1 article 14 contract duration. Trial period.

1 can be arranged by writing a test period, subject to the limits of life which, if any, laid down in collective agreements. In the absence of agreed Convention, the duration of the probation period may not exceed six months for qualified technicians, or two months for other workers. In companies of less than twenty-five workers the trial period may not exceed three months to workers who are not technical graduates.

In the event of the temporary contracts of duration determined item 15 concluded by not more than six months, the trial period may not exceed one month, unless otherwise specified in the collective agreement.

The employer and the worker are, respectively, required to make experiences that constitute the object of the test.

The Pact established a trial period when the worker has already played the same functions previously in the company, under any form of contract will be null.

2. during the trial period, the worker will have the rights and obligations relevant to the job that plays as if it were template, except derivatives of the resolution of the employment relationship, which may occur at the request of either party during.

3 after the trial period without having the withdrawal, the contract will produce full effect, computing time of the services provided in the antiquity of the worker in the company.

Them situations of disability temporary, risk during the pregnancy, maternity, adoption, keeps with purposes of adoption, foster care, risk during the lactation and paternity, that affect to the worker during the period of test, interrupt the computation of the same whenever is produce agreement between both parties.

Article 15. Duration of the contract.

1. the contract of employment can arrange for an indefinite or for a specified duration.

They may contracts of duration determined in the following cases: to) when you hire a worker to carry out certain work or service, with autonomy and own substantivity within the activity of the company and whose execution, although limited in time, is in principle of uncertain duration. These contracts may not be extended more than three years duration to 12 months by collective agreement State sectoral level or, failing that, by lower-level sectoral collective agreement. After these deadlines, the workers will acquire the status of permanent workers of the company.

The State and lower level, sectoral collective agreements including company agreements, can identify those works or tasks with own substantivity within the normal activity of the company that may be covered by contracts of this nature.


(b) when the circumstances of the market, accumulation of tasks or orders excessive so require it, whilst being the normal activity of the company. In such cases, the contracts may have a maximum duration of six months, within a period of twelve months, counting from the moment in which such reasons occur. By Convention collective of field sectoral State or, in its defect, by Convention collective sectoral of field lower, can modify is the duration maximum of these contracts and the period within which is can perform in attention to the character seasonal of the activity in that such circumstances is can produce. In such so-called, the period maximum within which is may make will be of eighteen months, not being able overcome the duration of the contract them three fourth parts of the period of reference established or, as Max, twelve months.

Where the contract is had concerted by a duration lower to the maximum legal or conventionally established, may extend is by agreement of them parts, by a single time, without the duration total of the contract can exceed of such duration maximum.

Activities that can hire temporary workers, as well as establishing general criteria relating to the proper relationship between the volume of this contractual modality and the total staff of the company may be determined by collective agreement.

(c) in the case of replace workers entitled to reserve job, provided that the employment contract specifies name of the replaced and the replacement cause.

2 acquire the status of permanent workers, any that has been the mode of recruitment, which would not have been discharged in Social Security, after a period like that legally be had been set for the trial period, unless from the nature of the activities or services contracted be deducted clearly the temporal duration of the same all this without prejudice to the other responsibilities to any place in law.

3. it shall presume indefinitely temporary contracts in fraud law.

4. employers shall notify the legal representation of workers in enterprises carried out contracts in accordance with the contract by time manner laid down in this article when there is no legal obligation to deliver basic copy of them.

(5. without prejudice to the provisions of paragraphs 1.a), 2 and 3, workers in a period of thirty months who had been hired for a period exceeding twenty-four months, with or without solution of continuity, for the same or a different job with the same company or group of companies, by means of two or more temporary contracts , either directly or through making available for temporary employment, with the same or different contractual arrangements of limited duration, will acquire the status of permanent workers.

The provisions of the preceding paragraph also shall apply when cases of succession or business subrogation pursuant to occur legally or conventionally.

Attending to the peculiarities of each activity and to them features of the since of work, the negotiation collective will establish requirements directed to prevent it use abusive of contracts of duration determined with different workers for play the same since of work covered previously with contracts of that character, with or without solution of continuity, included them contracts of put to available made with companies of work temporary.

The provisions of this section shall not apply to the use of training contracts, relief and interim, to temporary contracts concluded within the framework of public employment programs, as well as temporary contracts are used by insertion companies duly registered and the subject of such contracts is considered to be an essential part of a personalized itinerary of inclusion.

6. with temporary contracts and fixed-term workers will have the same rights as workers with contracts of indefinite duration, without prejudice to the specific peculiarities of each one of the contractual arrangements in the area of extinction of the contract and those expressly provided for in the law in relation to training contracts. Where appropriate in view of its nature, such rights will be recognized in the legal and regulatory provisions and collective agreements in proportion, on the basis of time worked.

When a given right or condition of work is attributed in the legal or regulatory provisions and collective agreements on the basis of a previous age of worker, this should be calculated according to the same criteria for all workers, whatever that is your type of contracting.

7. the employer shall inform the workers with fixed-term or temporary contracts, including training contracts, about the existence of job vacancies, in order to guarantee them the same opportunities for access to permanent positions as other workers. This information may be provided through a public announcement in a suitable place on the enterprise or workplace, or through other means envisaged in the collective bargaining process, to ensure the transmission of information.

Agreements may lay down objective criteria and commitments of conversion of fixed-term or indefinite temporary contracts.

Collective agreements will establish measures for facilitating effective access of these workers to the actions included in the system of vocational training for employment in the workplace, in order to improve their qualifications and facilitate professional mobility and progression.

(8. in the cases referred to in paragraphs 1.a) and 5, the entrepreneur must provide in writing worker, within ten days of the fulfillment of the required deadline, a supporting on its new worker document fixed the company. Anyway, the worker may request, in writing, to the appropriate public employment service contracts fixed-term or temporary certificate held, for the purposes of be able to accredit their status as fixed in the company worker. The public employment service will issue this document and shall inform the company in which the worker provision of services.

Article 16. Intermittent contract.

1. the contract by time indefinite intermittent is arrange to perform works that have the character of permanent-intermittent and not is repeated in dates certain, within the volume normal of activity of the company.

The assumptions of discontinuous jobs that are repeated in certain dates it will be application regulation of the part-time contract concluded for an indefinite time.

2. Permanent-intermittent workers will be called in the order and the form to be determined in the respective collective agreements, and the worker, in the case of non-compliance, claim in dismissal procedure before the social courts, starting period to do so from the moment that had knowledge of the lack of call.

3. this agreement must necessarily be formalized in writing on the model established and it shall contain an indication about the estimated duration of the activity, as well as on the form and order of appeal which set the collective bargaining agreement, stating also, indicative way, the estimated working hours and time distribution.

4. the sectoral level collective agreements may agree, where the peculiarities of the sector's activity justify it, holding a part-time permanent-intermittent contracts, as well as the requirements and specialties for the conversion of temporary contracts into permanent-intermittent contracts.

Section 2 rights and duties arising from the contract article 17. Non-discrimination in labour relations.

1 shall be null and void the regulatory provisions, clauses of collective agreements, individual agreements and unilateral employer decisions that will result in employment, as well as in terms of remuneration, day and other unfavourable conditions of work, to situations of direct or indirect discrimination by reason of age or disability or to situations of direct or indirect discrimination on grounds of sex , origin, including racial or ethnic, marital status, social status, religion or beliefs, political ideas, orientation or sexual condition, accession or no to unions and their agreements, bonds of kinship with people belonging to or related to the company and language within the Spanish State.

Shall also be void orders to discriminate and entrepreneur decisions involving an unfavorable treatment of workers in response to a claim made in the company or to an administrative or judicial action designed to enforce the principle of equal treatment and non-discrimination.

2 the exclusions, reservations and preferences may be established by law to be engaged freely.

3. Notwithstanding the provisions of the preceding paragraph, the Government may regulate reserve, duration or preference in employment measures designed to facilitate the placement of workers demanding job.


Also, the Government may be granted subsidies, incentives and other measures to promote the employment of specific groups of workers who encounter special difficulties to access to employment. The same regulation will be consultation with trade unions and business associations most representative.

The measures referred to in the preceding paragraphs will guide primarily to promote stable employment of unemployed workers and the conversion of temporary contracts into indefinite contracts.

4. without prejudice to the provisions of the preceding paragraphs, the collective bargaining may establish positive action measures to promote the access of women to all professions. For this purpose you can set reservations and preferences in the conditions of recruitment so that, in equal conditions of fitness, they have preference to be contracted persons of the under-represented sex in the professional group concerned.

In addition, collective bargaining may establish such measures in conditions of professional classification, promotion and training, so, in equal conditions of fitness, people of the under-represented sex have preference to favour their access to professional or place of work concerned.

5. the establishment of equality in the business plans will be adjusted as provided in this law and the organic law 3/2007 of 22 March for the effective equality of women and men.

Article 18. Inviolability of the person of the worker.

Records on the person of the employee, may be made only in their lockers and special effects, as they are necessary for the protection business heritage and the other workers of the company, within the workplace and during working hours. In its realization will be respected to the maximum the dignity and privacy of the worker and he will be assisted by a legal representative of workers or, in his absence from the center of work, another employee of the company, whenever possible.

Article 19. Safety and health at work.

1. the worker, in the provision of their services, will have right to a protection effective in matters of safety and health in the work.

2. the worker is obliged to observe legal and regulatory measures on safety and health at work in his work.

3. in the inspection and control of these measures that are forced by the employer enforcement, the worker has the right to participate through their legal representatives in the workplace, if there is with bodies or competent specialized centers in the matter pursuant to the legislation in force.

4. the employer is obliged to ensure that each worker receives a theoretical and practical training, sufficient and appropriate, in the preventive field both at the time of their recruitment, that is mode or duration, such as when changes in functions that perform or are introducing new technologies or changes in work teams. The worker is obliged to follow the training and to make them practices. All this in the terms designated in the law 31 / 1995, of 8 of November, of prevention of risks labour, and in their standards of development, as soon as les are of application.

5. the delegates of prevention and, in their absence, the legal representatives of the workers in the workplace, who appreciate a serious and severe accident likely failure to comply with the applicable legislation on the matter, will require the entrepreneur written take measures that get rid of the risk status; If the request was not answered within a period of four days, you will be directed to the competent authority; If you appreciated the alleged circumstances, founded resolution, will require the entrepreneur take appropriate security measures or to suspend their activities in the area or local work or material at risk. You may also order, with precise technical reports, the immediate stoppage of work if deemed a serious risk of accident.

If the risk of an accident was imminent, the cessation of activities can be agreed upon by representatives of workers, by a majority of its members. Such an agreement may be adopted by majority of the delegates of prevention when it is not possible to meet with the urgency required to staff representation body. The agreement shall be immediately communicated to the company and the labour authorities, which, in twenty-four hours, void or will ratify the agreed cessation.

Article 20. Direction and control of the work activity.

1. the employee is obliged to carry out the agreed work under the direction of the employer or person delegated this.

2. in the compliance of the obligation of work assumed in the contract, the worker must to the entrepreneur the diligence and the collaboration in the work that mark them provisions legal, them conventions collective and them orders or instructions adopted by that in the exercise regular of their faculties of address and, in its defect, by them uses and customs. In any case, the worker and the employer shall be subject in their reciprocal benefits to the requirements of good faith.

3. the employer may adopt measures it deems most appropriate surveillance and control to verify compliance by the worker of their obligations and work-related duties, keeping the consideration due to their dignity in their adoption and implementation and taking into account, where appropriate, the actual capacity of workers with disabilities.

4. the employer can verify the State of health of the worker who is alleged by him to justify their lack of attendance at work, and recognition by medical personnel. The refusal of the worker to such acknowledgements may determine the suspension of the economic rights that may exist in charge of the employer for such situations.

Article 21. Pact of non-attendance and permanence in the company.

1 may be the labor provision of a worker for various entrepreneurs when deemed unfair competition or agreed full dedication by express financial compensation, in terms which were agreed upon.

(2. the Pact of not competition for after extinguished the contract of work, that not can have a duration superior to two years for them technical and of six months for them others workers, only will be valid if concur them requirements following: to) that the entrepreneur have an effective interest industrial or commercial in it.

(b) that meets the worker adequate compensation.

3. in the event of financial compensation for the full-time, the worker may terminate the agreement and regain their freedom from work in another job, communicating it in writing to entrepreneur with thirty days notice, lost in this case economic compensation or other rights attached to the full dedication.

4 when worker has received a professional specialization with charge to the employer for certain projects or to perform a specific job, you agreed between both stay in the company for some time. The agreement will not be more than two years duration and will always be formalized in writing. If the worker leaves work before the deadline, the entrepreneur is entitled to compensation for damages.

3rd professional classification and promotion at work article 22 section. Professional classification system.

1. by negotiating collective or, failing that, agreement between the company and workers representatives, will be established professional workers by occupational groups classification system.

2. is mean by group professional which group unitarily them skills professional, qualifications and content general of the provision, and may include different tasks, functions, specialties professional or responsibilities assigned to the worker.

3. the definition of professional groups shall conform to criteria and systems that have as an object to ensure the absence of discrimination, both direct and indirect, between men and women.

4. by agreement between the worker and the employer shall be allocated to the worker a professional group and is set as the content of the labor provision of the contract of work assigned the realization of the functions corresponding to the professional group or only some of them. When agreed functional polyvalence or realization of functions of more than one group, equal opportunities will take place under the functions that perform during longer.

Article 23. Promotion and professional training on the job.

(1. the worker shall have the right: to) to the enjoyment of the permissions required to attend exams, as well as to a preference to choose work shift, if such is the regime established in the company, when it studied regularly for an academic or professional degree.

(b) to the adaptation of the regular work day to attend vocational training courses.

(c) to grant appropriate permissions for training or professional development with job reservation.


(d) to the training required for their adaptation to the modifications operated in the since of work. The same will run to charge of the company, without prejudice of the possibility of get to that effect them credits destined to it training. The time destined to the training is considered in all case time of work effective.

2. in collective bargaining are pactarán the terms of the exercise of these rights, which will accommodate criteria and systems that ensure the absence of discrimination, both direct and indirect, between one and other sex workers.

3. workers with at least one year of seniority in the company are entitled to a paid leave of twenty hours annual training for employment, linked to the activity of the company, accumulated for a period of up to five years. The right means fulfilled in any case when the worker can perform training actions aimed at obtaining vocational training for employment within the framework of a training plan developed by committed by collective bargaining or business initiative. Without limiting the foregoing, you will not understand is on the right referred to in this paragraph the formation which must necessarily provide the company responsible in accordance with provisions in other laws. In the absence of collective agreement provisions, the realization of the enjoyment of the permission mode shall be fixed by mutual agreement between worker and employer.

Article 24. Promotions.

1. promotion within the professional classification system will be produced in accordance with what is established in Convention or, failing that, in collective agreement between the company and workers representatives.

In any case promotions will be produced, taking into account training, merits, age of the worker, as well as the organizational powers of the entrepreneur.

2 promotion and professional promotion in the company shall comply with criteria and systems that have as objective to ensure the absence of discrimination, both direct and indirect, between women and men, being able to establish positive action measures to eliminate or compensate for situations of discrimination.

Article 25. Economic promotion.

1. the worker, depending on the work developed, can have right to a promotion economic in the terms fixed in Convention collective or contract individual.

2. the provisions of the preceding paragraph is understood without prejudice to rights acquired or in the process of acquisition in the corresponding temporary stretch.

Section 4 wage and salary guarantees article 26. Wage.

1 will consider salary the totality of economic perceptions of workers, in money or in kind, by the professional provision of labour services for hire or reward, because they allowance effective work, anyone who is the form of remuneration, or Computable as of work rest periods.

In any case, including labour relations of a special nature referred to in article 2, the wage in kind shall exceed thirty per cent of the salary of the worker, or result in the deduction of the full amount in money of the national minimum wage.

2. do not shall be regarded as salary the sums received by the employee in respect of compensation or supplemented by expenses incurred as a result of their work, benefits and allowances of Social Security and the compensation corresponding to transfers, suspensions or dismissals.

3. through collective bargaining or, failing that, the individual contract, shall be determined the structure of the salary, which must include base salary, as compensation fixed by unit of time or work and, where appropriate, wage supplements set depending on circumstances concerning personal conditions of the worker, to the work done or the situation and results of the company shall be calculated in accordance with the criteria they agreed to do so. Equally consolidatable character will be agreed or not of such wage supplements, not having the character of consolidated, unless otherwise agreed, which are linked to the job or the situation and results of the company.

4. all charges tax and Social Security in charge of worker will be met by the same, being null all otherwise agreed.

5 it will operate the clearing and absorption when wages actually subscribers, as a whole and annual basis, are more favourable to workers than the in the normative or conventional order of reference.

Article 27. National minimum wage.

(1. the Government shall set, prior consultation with the organizations Union and associations business more representative, annually, the wage minimum interprofessional, taking in has: to) the index of prices of consumption.

(b) the productivity average national reached.

(c) increase the participation of labour in national income.

(d) the general economic situation.

Also be set a half-yearly review in the case of not fulfilling the quoted price index forecasts.

The revision of the national minimum wage will not affect the structure or the amount of Professional salaries when they, as a whole and annual basis, would be superior to that.

2. the national minimum wage, in the amount, is unattachable.

Article 28. Equal remuneration on the basis of sex.

The employer is obliged to pay for the provision of work of equal value equal pay, paid directly or indirectly, and anyone who is of the same nature, wage or extrasalarial, unless you can produce any discrimination on grounds of sex on any items or conditions that.

Article 29. Settlement and payment.

1. the liquidation and payment of the salary will be timely and documented at the time and place agreed or in accordance with the traditions and customs. The period of time referred to in the payment of regular and periodic fees may not exceed one month.

The worker and, with your permission, their legal representatives, shall have the right to receive, unless the day designated for the payment, advances on account of the work already carried out.

Documentation of the wage will be made by delivery to the worker's individual receipt proof of payment of the same. Receipt of wages shall follow the model approved by the Ministry of employment and Social Security, unless by collective agreement or, failing that, by agreement between the company and workers representatives, provided another model that contains the different perceptions of the worker with due clarity and separation, as well as deductions that legally come.

The liquidation of them wages that correspond to who provide services in works that have the character of permanent-intermittent, in them so-called of conclusion of each period of activity, is take to out with clamping to them formalities and guarantees established in the article 49.2.

2. the right to the wage Commission will be born at the time of be and pay business, placement or sale that had involved the worker, is liquidating and paying, unless something else, had agreed to the end of the year.

The worker and their legal representatives can be ordered any time communications of the part of books concerning such accruals.

3 interest for delay in the payment of wages shall be ten per cent of the amount owed.

4. the wage, as well as the Executive payment of Social Security benefits, entrepreneur in currency of legal tender or by cheque or other form of similar pay through credit institutions, to be carried out following a report to the Works Council or staff delegates.

Article 30. Impossibility of delivery.

If worker could not provide their services once current contract because businessman retrasare to work by impairments attributable to the same, not the worker, this will retain the right to his salary, unless it can do you compensate for that lost with other work done in another time.

Article 31. Extraordinary bonuses.

The employee is entitled to two extraordinary bonuses per year, one of them with occasion of the Christmas holidays and the other in the month that is set by collective agreement or agreement between the employer and the legal representatives of the workers. Also, the amount of such bonuses shall be fixed by collective agreement.

However, you may agree in collective agreement extraordinary bonuses are apportioned in the twelve monthly installments.

Article 32. Salary guarantees.

1. the wage credits by the last thirty days of work and in the amount not exceeding twice the national minimum wage shall have preference over any other credit, although it is guaranteed by pledge or mortgage.

2. the wage credits shall have preference over any other credit with respect to objects made by workers while they owned or in the possession of the employer.


3. appropriations for wages not protected in the preceding paragraphs shall be uniquely privileged in the amount resulting from multiplying three times the national minimum wage by the number of days of wages unpaid, enjoying priority over any other credit, except for claims with a right in rem, in the cases in which these, in accordance with the law they are preferred. The same consideration will have compensation for dismissal in the corresponding to the legal minimum amount calculated on a basis which does not exceed three times the minimum wage.

4. the deadline for exercising rights of preference of the wage credit is one year, counting from the moment in which salary, after which barred such rights must have perceived.

5. preferences known in the preceding paragraphs shall apply in all cases which, not being declared bankrupt businessman, corresponding appropriations comply with another or others on goods of that. In the case of a contest, shall apply the provisions of the law 22/2003, of July 9, bankruptcy, concerning the classification of credits and executions and constraints.

Article 33. The wage guarantee fund.

1. the wage guarantee fund, an autonomous body attached to the Ministry of employment and Social Security, with legal personality and capacity to act for the fulfillment of its purposes, shall be paid to workers the amount of wages unpaid because of insolvency or the entrepreneur competition.

To them earlier effects, is considered wage the amount recognized as such in Act of conciliation or in resolution judicial by all them concepts to is concerns the article 26.1, as well as them wages of processing in them alleged in that legally come, without can the Fund pay, by one u another concept, joint or separately, an amount top to it amount resulting of multiply the double of the wage minimum interprofessional daily , including the proportional part of the extra payments, by the number of days of wages outstanding, with a maximum of one hundred and twenty days.

2. the wage guarantee fund, in the case of the preceding paragraph, shall pay compensation recognized as consequence of judgment, Act of judicial conciliation or administrative decision in favour of workers because of dismissal or termination of contracts in accordance with articles 50, 51 and 52 of this law, and termination of contracts in accordance with article 64 of the law 22/2003 , 9 July, bankruptcy, as well as compensation for extinction of temporary contracts or fixed-term contracts in cases where legally proceed. In all cases with a maximum limit of an annuity, while the daily wage, the calculation basis, does not exceed twice the national minimum wage, including the proportional part of the extra payments.

The amount of compensation, for the sole purpose of manure by the wage guarantee fund for cases of dismissal or termination of contracts in accordance with article 50 of this law, shall be calculated on the basis of 30 days per year of service, with the limit set in the previous paragraph.

3. in the case of bankruptcy proceedings, since that is aware of the existence of claims or the possibility of its existence is presumed, the judge, ex officio or at the request of a party, will be mentioned to the wage guarantee fund, without which assumes it the obligations laid down in the preceding paragraphs. The Fund personará in the record as subsidiary legally responsible of the payment of appropriations mentioned, and can urge that your right to agree, and without prejudice to that, once done, continue as a creditor on record. For the purposes of the payment by the Fund of amounts that are recognized in favour of workers, shall be taken into account the following rules: first. Without prejudice to cases of direct responsibility of the Agency in cases established by law, the recognition of the right to the benefit will require workers credits to appear included in the list of creditors or, where applicable, recognized as debts of the mass by the organ of the competent competition for this value equal to or greater than that is requested from the Fund without prejudice to the obligation of those reduce your request or repay the amount corresponding to the Fund when it claims it acknowledged in the final list it is less than the requested or to the already perceived.

The second. The compensation payable from the Fund, regardless of what is can agree in the bankruptcy process, they shall be calculated on the basis of twenty days per year of service, with the maximum limit of an annuity, while the daily wage, the calculation basis, does not exceed twice the national minimum wage, including the proportional part of the extra payments.

Third. On the assumption that workers holders of these compensation request from the Fund payment of the portion of compensation not satisfied by the employer, the limit of the benefit compensation from the Fund shall be reduced by the amount already perceived by those.

4. the Fund will assume the obligations specified in them paragraphs previous, prior instruction of record for the checking of its provenance.

For the refund of the amounts satisfied, the Fund of warranty wage is subrogated mandatory in them rights and actions of them workers, retaining the character of credits privileged that them gives the article 32 of this law. If such such credits with which to retain workers for the part not fulfilled by the Fund, and will they be credited in proportion to their respective amounts.

5. the background of warranty wage is will finance with them contributions made by all those entrepreneurs to is concerns the article 1.2 of this law, both if are public as private.

He type of quote is set by the Government on them wages that serve of base for the calculation of the quote for meet the contingencies derived of accidents of work, disease professional and unemployment in the system of it security Social.

6. for the purposes of this article means that there is insolvency of the employer when, spearheaded the execution in the manner established by law 36/2011, on 10 October, regulation of the Social jurisdiction, does not get satisfaction of the claims. Resolution evidencing the Declaration of insolvency will be handed down after hearing of the wage guarantee fund.

7. the right to request payment of the benefits resulting from the previous paragraphs of the wage guarantee fund will prescribe a year from the date of the Act of conciliation, judgment, auto or resolution of the labour authorities that recognize the debt for wages or compensation are assessed.

Such term shall be interrupted by the exercise of the executive actions or recognition of credit in bankruptcy proceedings and other legal forms of interruption of the limitation period.

8. the wage guarantee fund will have consideration of part in the processing of arbitration procedures, for the purpose of assuming the obligations laid down in this article.

9. the wage guarantee fund will dispense the protection regulated by this article with regard to the outstanding claims of workers who exercise or have habitually exercised his work in Spain when they belong to a business activity on the territory of at least two Member States of the European Union, one of which is Spain, when, together with (, the following circumstances: to) that has been requested the opening of collective proceedings based on insolvency of the employer in a Member State other than Spain, provided by its legal and administrative provisions involving the partial or total entrepreneur disempowerment and the appointment of a trustee or person who exercises a similar function.

(b) that it accredits to the competent authority, by virtue of these provisions, has decided to open the procedure; or rather than has proven the closing final of the company or the center of work of the entrepreneur, as well as the failure of the active available to justify the opening of the procedure.

When, in accordance with the terms set forth in this paragraph, the protection of outstanding claims corresponds to the wage guarantee fund, it shall request information from the institution's guarantee of the Member State in which process is the procedure of collective insolvency workers unpaid receivables and the satisfied by the guarantee institution and asked their cooperation to ensure that the amounts paid to workers are taken into account in the procedure, as well as to obtain the refund of these amounts.

10. in the course of bankruptcy proceedings applied in Spain in relation to a company with activity in the territory of at least another Member State of the European Union, in addition to Spain, the wage guarantee fund shall be obliged to provide information to the institution of the guarantee of the State in whose territory the workers of the company in a State of insolvency have exercised or exercise usually work in particular, putting their knowledge workers unpaid loans, as well as the satisfied by the wage guarantee fund.


Also, the wage guarantee fund will be the competent guarantee institution collaboration that is required in connection with their intervention in the procedure and the reimbursement of the amounts paid to the workers.

5th article 34 working time section. Day.

1. the length of the working day shall be the agreed in collective agreements or employment contracts.

The maximum duration of the ordinary working day shall be forty hours of effective work of average on an annual basis.

2. through collective agreement or, failing that, by agreement between the company and the representatives of the workers, may establish the uneven distribution of the day throughout the year. In the absence of agreement, the company may distribute irregularly throughout the year ten per cent of the working day.

Such distribution shall comply in any case minimum daily and weekly rest periods provided for in the law and worker must meet minimum five days notice the day and time of the resulting work of that provision.

The compensation of differences, by excess or defect, the done day and the maximum duration of the ordinary workday legal or agreed will be payable pursuant to collective agreement or, in lack of foresight in this regard, by agreement between the company and workers representatives. In default of Covenant, them differences derived of it distribution irregular of the day must be compensated in the term of twelve months since is produce.

3. between the end of a day and the start of the next mediated, as a minimum, twelve hours.

Ordinary hours of work may not exceed nine per day, unless by collective agreement or, failing that, agreement between the company and workers representatives, provided another time distribution of daily work, respecting in any case rest between days.

Them workers minor of eighteen years not may perform more than eight hours daily of work effective, including, in his case, the time dedicated to the training and, if work for several employers, them hours made with each one of them.

4. whenever the duration of the day daily continued exceed of six hours, should establish is a period of rest during the same of duration not lower to fifteen minutes. This period of rest is deemed time of work effective when so is established or is set by Convention collective or contract of work.

In the case of workers under the age of eighteen years, rest period will have a minimum duration of 30 minutes, and should be established whenever the duration of the continuous working day exceeds four and a half hours.

5 working time will be calculated so that both at the beginning and at the end of the day the workers are in work.

6. annually will be produced by the company the work schedule, and displayed a copy of it in a conspicuous place in each work center.

7. the Government, on the proposal of the head of the Ministry of employment and Social Security, after consultation with the most representative trade unions and business organizations, may establish extensions or limitations in management and hours of work and breaks, for those sectors and work which by its own characteristics so require.

8. the worker shall be entitled to adapt the duration and distribution of the work day to enforce their right to the reconciliation of personal, family and working life in the terms established in collective bargaining or agreement to arrive with the employer respecting, in its case, expected at that.

To this end, will promote the use of continuous day, flexible scheduling, or other modes of organization of work and time of breaks that allow greater compatibility between the right to conciliation of personal, family and work life of workers and the improvement of productivity in enterprises.

Article 35. Overtime.

1.tendran consideration of overtime those hours of work carried out on the maximum duration of the ordinary working day, fixed in accordance with the previous article. By collective agreement or, failing that, contract individual may choose between paid overtime in the amount that is set, that in any case you may be less than the value of the regular time, or compensate them for equivalent days of paid leave. In the absence of agreement in this respect, means that made overtime shall be compensated by rest within the four months following its realization.

2. the number of hours extraordinary not may be superior to eighty to the year, except it envisaged in the paragraph 3. For workers who undertake a day on an annual basis lower to the general conference in the enterprise mode or duration of their contract, the annual maximum number of overtime hours will be reduced in the same proportion that exists between these days.

For the purposes of the provisions of the preceding paragraph, are not counted the overtime hours which have been compensated by rest within the four months following its implementation.

The Government may eliminate or reduce the maximum number of overtime hours by period of time, generally or for certain branches of activity or territorial areas, to increase opportunities for placement of workers unemployed.

3 will be into account, for the purposes of the maximum duration of the ordinary workday, nor for the computation of the maximum number of authorized overtime, excess of the worked to prevent or repair claims and other extraordinary and urgent damage without prejudice to his compensation as overtime.

4. the provision of overtime work shall be voluntary, unless its realization has agreed in the collective agreement or individual contract of employment, within the limits of paragraph 2.

5. for the purposes of the computation of overtime, the day of each worker is recorded daily and is totaled in the period fixed for the payment of fees, delivering copy of the summary to the worker in the receipt.

Article 36. Night work, work shifts and work rate.

1. the effects of the provisions of this law, is considered night work carried out between ten in the evening and six o'clock in the morning. Employers who regularly use night work must inform the labour authority.

Night workers working day may not exceed eight hours per day on average, in a reference period of fifteen days. Such workers may not work overtime.

For the implementation of the provisions of the preceding paragraph, shall be considered night worker who normally perform night-time not bottom three hours of his daily working day, as well as to those who expected that you can perform in that period a party not less than one-third of their annual working hours.

It will apply the provisions of paragraph second provisions of article 34.7 equally, the Government may establish limitations and additional guarantees to those provided for in this article to perform night work in certain activities or for a particular category of workers, depending on the risks that behave to their health and safety.

2. the night work will have a specific fee to be determined in the collective bargaining process, except that the wage has been established according to work night is by its very nature or compensation has been agreed this work by breaks.

3 work shift is considered all forms of organization of teamwork whereby workers occupy on the same jobs, according to a certain pattern, continuous or discontinuous, entailing the need of providing their services at different times over a given period of days or weeks for the worker.

Enterprises with continuous production processes during the twenty-four hours a day, in the Organization of the work of shifts is will take into account the rotation of the same and that no worker is in the of night more than two consecutive weeks, except for voluntary affiliation.

Companies that carry out the work on regime shifts, including Sundays and holidays, by the nature of its activity may be made well with teams of workers who develop their activity for complete weeks, or hiring staff to complete the necessary equipment for one or more days a week.

4. night workers and those who work shifts should enjoy at all times a level of protection of health and safety adapted to the nature of their work, and equivalent to the remaining workers of the company.


The employer shall ensure that night workers holding have a free evaluation of your health status, before his involvement to a night work and, subsequently, at regular intervals, in the terms established in the law 31/1995 of 8 November, prevention of risks at work, and its implementing rules. Night workers to recognize health problems linked to the fact of his night work shall be entitled to be destined to a daytime job is available in the company and for it to be professionally fit. Change of place of work will be conducted in accordance pursuant to articles 39 and 41, in his case, of this law.

5 employers who organize the work in the company according to a certain pattern must take into account the general principle of adapting work the person, especially in order to attenuate the monotonous and repetitive work depending on the type of activity and the demands in the field of safety and health of workers. These requirements must be dyed particularly in has at the time of determine the periods of rest during the day of work.

Article 37. Weekly rest, holidays, and permissions.

1. workers shall be entitled to a minimum rest weekly, cumulative for periods of up to 14 days, a day and a half of uninterrupted comprising, as a general rule, the afternoon Saturday or, where appropriate, on Monday morning and full day on Sunday. The duration of weekly rest of children eighteen years will be a minimum of two consecutive days.

It will apply to weekly rest provisions of article 34.7 enlargements and reductions, as well as for the fixation of alternative rest regimes for specific activities.

2. the holidays, which will be paid and non-recoverable, may not exceed fourteen per year, of which two will be local. In any case they are respected as festivals of national scope of the Nativity of the Lord, new year, may 1 as labour party, and 12 October as national day of Spain.

Respecting those expressed in the preceding paragraph, the Government may move to Mondays all national festivities that take place during the week, being, in any case, transfer to the Monday immediately after work rest for the holidays that coincide with Sunday.

Autonomous communities, within the annual ceiling of fourteen days, may point out those parties who, by tradition, are they own, replacing so the of national level which are determined by law and, in any case, that move to Monday. Also, they may make use of the planned Monday transfer faculty in the previous paragraph.

If any autonomous community could establish one of his traditional by not match Sunday parties a sufficient number of national holidays may, in the year that this occurs, add one party again, with recoverable character, to the maximum of fourteen.

3 worker, notice and justification, may be absent from work, entitled to remuneration, for any of the reasons and the following time: a) fifteen calendar days in the event of marriage.

(b) two days for the birth of son and the death, accident or disease severe, hospitalization or surgical intervention without hospitalization requiring rest home, relatives up to the second degree of consanguinity or affinity. When with such reason the worker needs to do a displacement to the effect, the term will be of four days.

(c) a day for transfer of normal residence.

(d) for the time necessary for the fulfilment of an inexcusable duty of public and personal, character from the exercise of the vote. When record in a standard legal or conventional a period determined, is will be to what is available. with regard to duration of the absence and to its compensation economic.

When the fulfillment of the duty before concerned involves the impossibility of providing the due working in more than twenty percent of working hours over a period of three months, the company spend the worker affected the situation of absence regulated in article 46.1.

In the so-called of that the worker, by compliance of the duty or performance of the cargo, perceived a compensation, is deducted the amount of the same of the wage that had right in the company.

e) to perform functions, trade union or staff in the terms established legally or conventionally representation.

(f) by the time necessary for the realization of prenatal tests and techniques of preparation to childbirth and, in cases of adoption, save for the purpose of adoption or foster care, to attend the mandatory information and preparation sessions and for the realization of the mandatory social and psychological reports prior to the Declaration of suitability, always, in all cases that must take place within the working day.

(4 in the case of birth of a child, adoption, guardian for the purpose of adoption or foster care, in accordance with article 45.1. d), for breastfeeding of the child until it is nine months, workers are entitled to one hour's absence from work, which may be divided into two fractions. The duration of the permit will proportionally increase in cases of childbirth, adoption, guardian for multiple purposes of adoption or foster care.

Who exercise this right, by his will, can replace it with a reduction of its day in half an hour with the same purpose or accumulate it in whole days in the terms provided for in collective bargaining or agreement to arrive with the employer respecting, if any, set out in that.

This permission constitutes an individual right of workers, male or female, but can only be wielded by one of the parents where both work.

5. in the case of birth of premature children or who, for whatever reason, must remain hospitalized following childbirth, the mother or the father shall have the right to be absent from work for one hour. In addition, have the right to reduce their working hours to a maximum of two hours, with the proportional decrease of the wage. Take advantage of this permission, you will be as provided in paragraph 7.

6. who for reasons of legal guardian have in their direct care any less than twelve years or a disabled person not performing a paid activity shall be entitled to a reduction of daily working hours, with the proportional decrease of wages between, at least, an eighth and a maximum of half of the duration of that one.

Shall have the same right who require responsible for direct care of a relative, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness not can fend for itself, and who performs no paid activity.

The parent, adopter, guardian for the purpose of adoption or permanent cosy will be entitled to a reduction of the working day, with the proportional decrease of the wage, at least half of the duration of that care, during hospitalization and treatment continued, their dependent child affected by cancer (malignant tumors, melanomas and carcinomas), or any other serious illness which involves a long-term hospital admission and require the need for direct, continuous and permanent care accredited by the report of the public service of health or health of the autonomous community corresponding administrative body and, at most, until the child reaches the age of eighteen. By collective agreement, may be the conditions and assumptions that this reduction in working hours will build up in whole days.

Day reductions referred to in this paragraph constitute an individual right of workers, male or female. However, if two or more employees from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.

Provided for in paragraphs 4 and 6, 7 time specificity and the determination of the period of enjoyment of the permission of lactation and the reduction in working hours, correspond to the worker, within your ordinary day. However, collective agreements may lay down criteria for the time realization of the reduction in working hours referred to in paragraph 6, in accordance with the rights of conciliation of the personal, family and working life of the worker and the productive and organizational needs of the companies. The worker, except for force majeure, should notice to the employer with fifteen days in advance or which is determined in the applicable collective agreement, specifying the date you will start and terminates the permission of breastfeeding or the reduction in working hours.

The discrepancies arising between employer and worker about the time specification and determination of enjoy periods provided for in paragraphs 4, 5 and 6 will be resolved by the social jurisdiction through the procedure laid down in article 139 of the law 36-2011, of 10 October, regulating the Social jurisdiction.


8. them workers that have it consideration of victims of violence of gender or of victims of the terrorism will have right, for make effective its protection or its right to it assistance social integral, to it reduction of it day of work with decrease proportional of the wage or to the reordering of the time of work, through the adaptation of the schema , the application of the flexible schedule or other forms of management of working time which are used in the company.

These rights may be exercised in the terms that are established in collective agreements or agreements between the company and workers representatives for these specific cases, or in accordance with the agreement between the company and the workers concerned. Failing that, the realization of these rights shall correspond to these, being of application laid down in the preceding paragraph rules, including those relating to the resolution of discrepancies.

Article 38. Annual holidays.

1. the period of annual leave paid, not replaceable by financial compensation, will be the agreed in collective agreement or individual contract. In any case, the duration shall be less than thirty calendar days.

2. the period or periods of enjoyment shall be fixed by mutual agreement between the employer and the worker, in accordance with the provisions of applicable collective agreements on annual vacation planning.

In the event of disagreement between the parties, the social jurisdiction shall set the date that corresponds to the enjoyment and its decision will be unappealable. The procedure shall be summary and preferential.

3. the holiday calendar shall be fixed by each company. The worker will know the dates that correspond to him two months ago, at least from the beginning of the enjoyment.

When the holiday period fixed in the company vacation calendar to which refers the previous paragraph coincides in time with a temporary disability arising out of pregnancy, childbirth or breastfeeding or the period of suspension of the contract of employment provided for in paragraphs 4, 5 and 7 of article 48, is entitled to enjoy holidays on a different date to the temporary disability or the enjoyment to permit implementation of this precept appropriate him, at the end of the period of suspension, although he finished the calendar year to correspond.

In the so-called of that the period of holiday coincides with a disability temporary by contingencies different to them indicated in the paragraph previous that hinders to the worker enjoy them, total or partially, during the year natural to correspond, the worker may make it a time end their inability and whenever not have elapsed more than eighteen months starting from the end of the year in that is have originated.

Chapter III modification, suspension and extinction of the contract of work section 1st mobility functional and geographical article 39. Functional mobility.

1. mobility functional in the company is held according to them degrees academic or professional precise for exercise the provision labor and with respect to the dignity of the worker.

2. the mobility functional for the realization of functions, both higher as lower, not corresponding to the Group Professional only will be possible if there are, also, reasons technical u organizational that it justify and by the time essential for your attention. The entrepreneur must communicate its decision and the reasons of this to them representatives of them workers.

In the case of entrustment of higher functions of the professional group for a period exceeding six months a year, or eight for two years, the worker may claim rise, if to do so does not preclude provisions of collective agreement or, in any case, the coverage of the vacancy corresponding to functions it performed in accordance with the rules of applicable promotions in the company , without prejudice to claim the corresponding wage difference. These actions will be cumulative. Against the refusal of the company, and report of the Committee or, in his case, the staff delegates, the worker may claim before the social courts. Through collective bargaining periods other than those expressed in this article may be for the purpose of claiming coverage of vacancies.

3. the workers shall be entitled to the remuneration corresponding to the functions effectively perform, except in cases of encomienda de lower functions, which will keep the retribution of origin. Cannot be invoked as a cause of dismissal objective the sudden ineptitude or lack of adaptation in the cases of realization of functions other than usual as a result of functional mobility.

4. the change of functions different of them agreed not included in them alleged intended in this article will require the agreement of the parts or, in its defect, the submission to them rules planned for them modifications substantial of conditions of work or to which to such end is had established in Convention collective.

Article 40. Geographical mobility.

1. transfer of workers who have not been specifically recruited to lend their services in enterprises with mobile or travelling work centers to a place of work different from the same company that would require changes of residence will require the existence of reasons economic, technical, organizational or production justifying it. Be considered as such which are related to competitiveness, productivity, or technical organization or work in the company, as well as engagements relating to business activity.

The decision to transfer must be notified by the employer to the worker, as well as to their legal representatives, minimum notice of thirty days from the date of its effectiveness.

Notified the transfer decision, the worker shall be entitled to choose between transfer, receiving compensation for costs, or the extinction of its contract, receiving a compensation of twenty days of salary per year of service, prorating for months the time periods less than one year and a maximum of twelve months. The compensation referred to in the first course will include both own expenses and those of family members in charge, in terms that are agreed upon between the parties, and will never be less than the minimum limits laid down in collective agreements.

Notwithstanding the enforceability of the transfer in the cited period of incorporation, the worker who, not having opted for the termination of his contract, to display non-conforming with the business decision can challenge it before the social courts. The ruling declared the move justified or unjustified and, in the latter case, recognize the right of the worker to be reinstated to the center of origin.

When, in order to circumvent the provisions contained in the following paragraph, the company perform transfers in successive periods of ninety days to lower the thresholds there number indicated, unless there are new reasons justifying such action, such new transfers will be considered made in fraud law and they will be declared null and void.

2. the transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of the workers of a duration not exceeding fifteen days, when affects all of the Centre's work, provided that this deal more than five workers, or when, without affecting the totality of the work center (, understand a number of workers in a period of ninety days, unless: a) ten workers in enterprises that occupy less than 100 workers.

(b) ten per cent of the number of employees of the company in those that occupy between one hundred and three hundred workers.

(c) thirty workers in enterprises that occupy more than 300 workers.

This period of consultations should be motivating causes the business decision and the possibility to avoid or reduce its effects, as well as measures to mitigate their consequences for the workers concerned. The inquiry will be held in a single negotiating Committee, although, there several work centers, will be limited to the centers affected by the procedure. The Negotiating Committee shall be composed of a maximum of 13 members representing each of the parties.

Intervention as partners to the direction of the company in the consultation procedure shall be indicated subjects in the article 41.4, on order and conditions indicated in the same.

The Commission representative of them workers shall be constituted with character prior to the communication business of home of the procedure of consultations. To these effects, the address of the company must communicate of way reliable to them workers or to their representatives his intention of start the procedure. He term maximum for the Constitution of the Commission representative will be of seven days from the date of the referred communication, unless any of them centers of work that go to be affected by the procedure not count with representatives legal of them workers, in whose case the term will be of fifteen days.


After the deadline for the establishment of the Commission representative, the management of the company may communicate the beginning of the consultation period to representatives of workers. The lack of establishment of the representative Commission will not prevent the onset and course of the consultation period, and its Constitution subsequent to the start of the same do not behave, in any case, the extension of its duration.

The opening of the consultations and the positions of the parties after its conclusion must be notified to the labour authority for their knowledge.

During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement. The agreement will require the conformity of the majority of the legal representatives of workers or, where appropriate, of the majority of the members of the representative of the workers Commission provided that, in both cases, they represent the majority of the workers of the Center or centers of work affected.

Upon completion of the consultation period the entrepreneur notify workers its decision on the transfer, which shall be governed in all respects by the provisions of paragraph 1.

Against the decisions referred to in this paragraph you can claim in dispute, without prejudice to the individual action provided for in paragraph 1. The interposition of the conflict stop the processing of individual actions initiated, until its resolution.

It agreement with them representatives of them workers in the period of consultations is means without prejudice of the right of them workers affected to the exercise of the option provided in the paragraph third of the paragraph 1.

The entrepreneur and the representation of workers may agree at any time replacing consultation period referred to in this paragraph for the application of the procedure of mediation or arbitration that applies in the area of the company, which must develop within the period designated for that period.

3 if by moving one of the spouses change residence, the other, if it was the same company worker, is entitled to move to the same location, if had been working.

4. workers who have the consideration of victims of violence gender or victims of terrorism who are forced to leave job in the town where had been providing its services, to enforce your protection or his right to comprehensive social assistance, will have preferential right to occupy another workstation in the same professional group or equivalent that the company has vacant in any of their places of work.

In such cases, the company shall be obliged to inform workers vacancies at this time or that may occur in the future.

Transfer or change of workplace will have an initial duration of six months, during which the company shall be obliged to reserve the position previously occupied by workers.

After this period, workers can choose to return to their previous job or continuity in the new. In the latter case, will decay the aforementioned obligation to reserve.

5. to enforce their right to health protection, workers with disabilities, proving the need for outside your local treatment enabling or medico-funcional rehabilitation or care, treatment or counselling related to their disability, will have preferential right to occupy other post, in the same professional group, that the company had vacancy in another of their places of work in a town that is more accessible treatment in the terms and conditions set out in the previous section for the workers victims of gender violence and the victims of terrorism.

6 reasons economic, technical, organizational or production, or contracts referred to the business, the company may make temporary movement of workers requiring that they reside in population distinct from the of his usual address, paying, in addition to salaries, travel expenses and per diem.

The worker shall be informed of the displacement in one advance to the date of its effectiveness, which may not be less than five working days in the case of displacements of more than three months duration; in this last so-called, the worker will have right to a permission of four days working in their domicile of origin by each three months of displacement, without computing as such them of travel, whose expenses shall be borne to cargo of the entrepreneur.

Against the order of displacement, without prejudice of its enforceability, may resort the worker in them same terms provided in the paragraph 1 for them transfers.

Movements whose duration over a three year period exceeding twelve months will have, for all purposes, the treatment provided for in this Act for transfers.

7. the representatives legal of them workers will have priority of permanence in them posts of work that is concerns this article. Through Convention collective or agreement reached during the period of consultations is may establish priorities of permanence in favor of workers of others collective, such as workers with loads family, older of certain age or people with disabilities.

Article 41. Modifications substantial of conditions of work.

1. the management of the company may agree to substantial changes in the conditions work when there are proven reasons economic, technical, organizational or production. Shall be deemed such those that are related to competitiveness, productivity, or technical organization or work in the company.

They shall be regarded as substantial changes in working conditions, among others, affecting the following matters: to) working day.

(b) schedule and distribution of working time.

(c) duty shifts.

(d) system of remuneration and wage amount.

(e) performance work system.

(f) functions, when they exceed the limits foreseen by article 39 for functional mobility.

2 material conditions of work modifications may affect the conditions recognized to workers in the employment contract, agreements or covenants on collective or much enjoyed by them under a unilateral decision of the employer's collective effects.

He is considered collective modification affecting in a period of ninety days, unless a: to) ten workers in enterprises that occupy less than 100 workers.

(b) the ten per cent of the number of workers of the company in those that occupy between one hundred and three hundred workers.

(c) thirty workers at companies that occupy more than 300 workers.

He is considered individually and the amendment which, in the reference period established, does not reach the thresholds designated for collective amendments.

3. the decision of modification substantial of conditions of work of character individual shall be notified by the entrepreneur to the worker affected and to their representatives legal with an advance minimum of fifteen days to the date of its effectiveness.

(((((In them alleged planned in the lyrics to), b), c), d) and f) of the paragraph 1, if the worker is handicapped by the modification substantial will have right to terminate his contract and perceive a compensation of twenty days of wage by year of service prorating is by months them periods lower to a year and with a maximum of nine months.

Without prejudice of the enforceability of it modification in the term of effectiveness previously cited, the worker that, not having opted by the termination of his contract, is displayed non-conforming with it decision business may challenge it before it jurisdiction social. The judgment shall declare the amendment justified or unjustified and, in the latter case, recognize the right of the worker to be replaced under their previous conditions.

When to circumvent the provisions contained in the following paragraph, the company made substantial changes in working conditions in successive periods of ninety days in less than the thresholds referred to in paragraph 2 for amendments to collective, unless there are new reasons justifying such action, such further amendments will be considered made in fraud law and they will be declared null and void and without effect.

4. without prejudice to the specific procedures which may be established in the collective bargaining process, the decision of substantial collective working conditions change must be preceded by a period of consultation with the legal representatives of the workers, not exceeding fifteen days duration, which will focus on motivating causes the business decision and the possibility to avoid or reduce its effects , as well as on measures required to mitigate their consequences for the workers concerned. The inquiry will be held in a single negotiating Committee, although, there several work centers, will be limited to the centers affected by the procedure. The Negotiating Committee shall be composed of a maximum of 13 members representing each of the parties.


The intervention as partners before the address of the company in the procedure of consultations will correspond to them sections Union when these so it agree, whenever have the representation majority in them committees of company or between them delegates of personal of them centers of work affected, in whose case will represent to all them workers of them centers affected.

In default of the provisions of the preceding paragraph, the intervention as partners will be governed by the following rules: a) if the procedure affects a single work center, will correspond to the Works Council or staff delegates. In the event there is legal representation of workers in the workplace, they may choose to attribute its representation for the negotiation of the agreement, at its option, to a Committee of a maximum of three members composed of workers of the enterprise and democratically elected by these or to a Committee of equal numbers of designated components According to their representative, by trade unions most representative and representative of the sector to which belongs the company and who were entitled to be part of the Negotiating Committee of the application to the same collective agreement.

On the assumption that the negotiation is made with the Commission whose members are appointed by the trade unions, entrepreneur may attribute its representation to business organizations that were integrated, and can be the same most representative at regional level, and regardless that the organization is integrated has cross-sectoral or sectoral nature.

(b) if the procedure affects more than one work center, the intervention as partners will be: first, the Committee intercentros, always having attributed that function in the collective agreement in that its creation would have agreed.

In another case, a representative Committee to be constituted in accordance with the following rules: 1st if all workplaces affected by the procedure have legal representatives of workers, the Commission shall be composed of these.

2 if any of the affected work centers are legal representatives of workers and others not, the Commission will be integrated only by legal representatives of the workers of the centers that have such representatives. (And this unless them workers of them centers that not have with representatives legal opt by designate the Commission to is concerns the letter to), in whose case the Commission representative will be integrated together by representatives legal of them workers and by members of them commissions planned in said paragraph, in proportion to the number of workers that represent.

In the event that one or several work centers affected by the procedure that do not have legal representatives of workers choose not to appoint the Commission's letter to), their representation will be assigned to the legal representatives of workers in workplaces affected that have them, in proportion to the number of workers representing.

(3rd if none of them centers of work affected by the procedure has with representatives legal of them workers, the Commission representative will be integrated by who are elected by and among them members of them commissions designated in them centers of work affected according to it willing in the letter to), in proportion to the number of workers that represent.

In all the cases referred to in this paragraph, if as a result of the application of the rules above the initial number of representatives is over thirteen, these will be chosen by and among them to a maximum of thirteen, in proportion to the number of workers representing.

The representative of the workers Commission must be established prior to initiation of consultations of business communication. For these purposes, the management of the company shall communicate in an irrefutable manner to workers or their representatives its intention to initiate the procedure of substantial on working conditions change. The deadline for the establishment of the representative Commission is seven days from the date of the said communication, unless one of the work centers that will be affected by the procedure does not have legal representatives of workers, in which case the period shall be fifteen days.

After the deadline for the establishment of the Commission representative, the management of the company may communicate the beginning of the consultation period to representatives of workers. The lack of establishment of the representative Commission will not prevent the onset and course of the consultation period, and its Constitution subsequent to the start of the same do not behave, in any case, the extension of its duration.

During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement. The agreement will require the conformity of the majority of the legal representatives of workers or, where appropriate, of the majority of the members of the representative of the workers Commission provided that, in both cases, they represent the majority of the workers of the Center or centers of work affected.

Businessman and the representation of workers may agree at any time replacing consultation period by the procedure of mediation or arbitration that applies in the area of the company, which must develop within the period designated for that period.

When the consultation period ends with agreement shall be presumed to concur the reasons that paragraph 1 and can only be contested before the social courts by the existence of fraud, fraud, coercion or abuse of right in his conclusion. This is without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of paragraph 3.

5. the decision on the collective working conditions modification shall be notified by the employer once workers finished the period of consultations without agreement and will take effect within the period of seven days following its notification.

Against the decisions that is concerns the present paragraph is may claim in conflict collective, without prejudice of the action individual planned in the paragraph 3. The interposition of the conflict stop processing of individual actions until its resolution.

6. the modification of working conditions laid down in collective agreements regulated under Title III must be carried out in accordance with article 82.3.

7. in matter of transfers is will be to it provisions in the standards specific established in the article 40.

Section 2 guarantees by change of employer 42 article. Subcontracting of works and services.

1. employers who hire or subcontract with others carrying out of works or services corresponding to the actual activity of those should check that these contractors are current in the payment of Social security contributions. To this effect, they will seek in writing, with the identification of the undertaking concerned, negative certification by discovery in the Treasury General of the Social Security, which shall RID inexcusably such certification in thirty days extended and the terms established by law. After this deadline, it will be exonerated of responsibility the applicant employer.

2 main employer, except during the aforementioned period with respect to Social Security, and during the three years following the completion of your order, jointly and severally liable for the referred to Social security obligations of contractors and subcontractors during the term of the contract.

Nature wage obligations by contractors and subcontractors with their workers will respond jointly and severally liable during the year following completion of the assignment.

There will be no liability for the actions of the contractor when the contracted activity exclusively relates to construction or repair that you can hire a head of the family with respect to its housing, as well as when the owner of the work or industry do not hire its realization because of a business activity.

3. the employees of the contractor or subcontractor shall be informed in writing by his employer of the identity of the main company for which are providing services at all times. Such information shall be provided before the beginning of the respective provision of the services and shall include the name or business name of the main entrepreneur, its registered office and fiscal identification number. Also, contractor or subcontractor must report the identity of the main company to the General Treasury of the Social Security on terms to be determined by regulation.

4 without prejudice to the information on provisions in the field of subcontracting to which refers article 64 when the company concluded a contract for the provision of work or service with a company contractor or subcontractor, shall inform the legal representatives of their workers of the following ends: to) name or business name, address and the company tax identification number contractor or subcontractor.


(b) object and duration of the contract.

(c) place of execution of the contract.

(d) where appropriate, number of workers that will be occupied by the contractor or subcontractor in the center of the main company's work.

(e) measures for the coordination of activities from the point of view of the prevention of occupational risks.

As main business, contractor or subcontractor share a same work center continuously, the first must have a book registry which reflect the above information regarding all of the aforementioned companies. This book will be available to the legal representatives of the workers.

5 the company contractor or subcontractor shall inform also the legal representatives of their workers, before the start of the execution of the contract, about the same ends referred to in paragraph 3 above and the letters b) to e) of paragraph 4.

6. the workers of companies contractors and subcontractors, when they do not have legal representation, shall be entitled to ask the representatives of the workers of the main company issues relating to the conditions of execution of the work, while they share workplace and lack of representation.

The provisions of the preceding paragraph shall not apply to claims of the worker with respect to the enterprise on which it depends.

7. the legal representatives of the workers of the main company and companies contractors and subcontractors, as they share continuously work center, may meet for the purpose of coordination between them and with regard to the conditions for performance of the work under the terms provided for in article 81.

The ability of representation and scope of action of the representatives of the workers, as well as their time credit, are determined by law and, where appropriate, by application of collective agreements.

Article 43. Transfer of workers.

1. the recruitment of workers to give them temporarily to another company only can make is through companies of work temporary duly authorized in them terms that legally is established.

2. in all case, is understands that is incurred in the assignment illegal of workers referred in this article when is produce any of them following circumstances: that the object of them contracts of services between them companies is limit to a mere put to disposal of them workers of the company assignor to the company assignee, or that it company assignor lacks of an activity or of an organization own and stable , does not have the resources necessary for the development of its activity, or do not exert the functions inherent to its status as an entrepreneur.

3. them entrepreneurs, assignor and assignee, that infringe it designated in the paragraphs previous will respond jointly and severally of them obligations collapsed with them workers and with it security Social, without prejudice of them others responsibilities, even criminal, that come by such acts.

4. them workers subjected to the traffic prohibited will have right to acquire the condition of fixed, to your choice, in the company assignor or assignee. Them rights and obligations of the worker in the company assignee will be which correspond in conditions ordinary to a worker that pay services in the same or equivalent since of work, while the antiquity is computed from the home of the transfer illegal.

Article 44. Company succession.

1. the change of ownership of a company, of a work or of an autonomous production unit centre not extinguished itself the employment relationship, leaving the new entrepreneur subrogated in the rights and obligations of labour and Social security of the former, including the pension commitments, in the terms laid down in the specific regulations, and in general, how many complementary social protection obligations acquired the assignor.

2. for the purposes of the provisions of this article, it shall be deemed that there is a succession of company when transmission affects an economic entity which maintains its identity, meaning an organised grouping of resources in order to carry out an economic, Central or ancillary activity.

3. without prejudice to the provisions of the Social security legislation, the assignor and the assignee, in transmissions that take place by acts inter live, will respond jointly and severally during three years of labor obligations born prior to transmission and which had not been met.

The assignor and the assignee also will respond jointly and severally born subsequent to the transmission obligations, when the assignment is declared a crime.

4. unless agreed otherwise, established by venture agreement between the assignee and the representatives of workers accomplished once the succession, labour relations of the employees affected by the succession will continue to be governed by the collective agreement which is applicable in the company, work or transferred autonomous production unit at the time of transmission.

This application will be kept until the date of expiration of the collective agreement of origin or until the entry into force of another new collective agreement which applies to the economic entity transmitted.

5 when the company, work center or the production unit subject of the transmission keep their autonomy, the change in ownership of the employer not by itself extinguished the mandate of the legal representatives of the workers, who will continue to exert their functions under the same terms and under the same conditions governing prior.

6 the assignor and the assignee shall inform the legal representatives of their respective employees affected by the change of ownership, of the following: to) expected date of transmission.

(b) reasons of the transmission.

(c) legal, economic, and social consequences for employees, transmission.

(d) provisions with regard to workers.

7. in the absence of legal representatives of the workers, the assignor and the assignee must provide the information referred to in the preceding paragraph to the workers who may be affected by the transmission.

8. the assignor will be obliged to provide the information referred to in the previous paragraphs with sufficient advance notice, prior to transmission. The assignee shall be obliged to communicate this information in advance and, in any case, until employees affected are in their employment and working conditions by the transmission.

In cases of mergers and spin-offs of societies, the transferor and the transferee shall provide the indicated information, in any case, at the time published the call of the General meetings which have taken the respective agreements.

9. the assignor or the assignee that provides take, on the occasion of the transmission, measures labour in relation to their workers will come obliged to start a period of consultations with them representatives legal of them workers on them measures planned and their consequences for them workers. This period of consultations be held sufficiently in advance, before the measures take effect. During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement. When measures consistieren in collective transfers or substantial collective working conditions changes, the procedure of consultation period which referred to above shall comply with provisions of articles 40.2 and 41.4.

10. the information and consultation obligations set out in this article shall apply irrespective of that decision concerning the transmission has been adopted by employers transferor and transferee or by the companies that exercise control over them. Any justification of those based on the fact that the company that made the decision has not provided them the information needed may not be taken into consideration for this purpose.

Section 3 Suspension of the contract article 45. Causes and effects of the suspension.

1 the employment contract may be suspended for the following reasons: to) mutual agreement of the parties.

b) validly entered into the contract.

(c) temporary inability of the workers.

(d) maternity, paternity, adoption, guardian for the purpose of adoption or foster care, in accordance with the Civil Code or the civil laws of the autonomous communities that regulate it, provided that their duration is not less than one year, of children six years or minors who are over the age of six years in the case of children with disabilities or which by their circumstances and personal experiences or come from abroad have special social and family integration difficulties duly accredited by the competent social services.

(e) risk during pregnancy and risk during breastfeeding a child for nine months.

(f) exercise of representative public office.

(g) deprivation of liberty of the worker, while there is no conviction.

(h) suspension of employment and salary, for disciplinary reasons.

(i) temporary greater force.

(j) economic, technical, organizational or production reasons.

(k) compulsory leave.

(l) exercise of the right to strike.

(m) legal closure of the company.


(n) decision of the worker who is forced to leave his post as a result of being victim of gender violence.

2. the suspension exonerates from mutual obligations of work and remunerated work.

Article 46. Leaves of absence.

1. the leave of absence may be voluntary or forced. The forced, that will give the right to the conservation of the post and to the computation of the antiquity of its entry into force, shall be granted for the designation or election to public office which hinders work attendance. Re-entry must be requested within the month following the termination of public office.

2. the worker with at least one antiquity in the company of a year has right to is you recognize the possibility of place is in leave voluntary by a term not lower to four months and not greater to five years. This just right can be exercised again by the same worker if four years have passed since the end of the previous unpaid leave.

3. workers shall be entitled to a period of leave of not more than three years to cater for the care for each child, both when it is by nature, such as by adoption, or in the case of guardian for the purpose of adoption or permanent fostering, counting from the date of birth or, where appropriate, the judicial or administrative decision.

They are also entitled to a period of leave of not more than two years, unless it is established one maximum duration for collective bargaining, workers to attend to the care of a relative up to the second degree of consanguinity or affinity, which for reasons of age, accident, illness or disability can not stand by itself, and not carry out paid activity.

The leave of absence referred to in this paragraph, whose period can enjoy fractional form, is an individual right of workers, male or female. However, if two or more employees from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.

As a new subject that causes turned right into a new period of leave of absence, the home of the same will end to which, if any, come enjoy.

The period in which the worker is on leave in accordance with the provisions of this article shall be computable for purposes of seniority and workers are entitled to assistance to vocational training courses, whose participation shall be summoned by the entrepreneur, especially on the occasion of his return. During the first year will be entitled to the reserve of their job. After this period, the reservation will be referred to a job of the same professional group or equivalent.

However, when the worker is part of a family that has officially recognized the status of large family, the reservation of your job will be extended up to a maximum of fifteen months in the case of a family of general category, and up to a maximum of eighteen months if it's special category.

4. also may apply for their passage to the situation of extended leave of absence in the company workers performing Union functions of provincial or higher level during the exercise of their representative office.

5. the unpaid worker retains only a preferential right to re-entry on vacancies of same or similar category to yours that had or should occur in the company.

6. the situation of leave can be extended to other so-called collectively agreed, with the regime and the effects there are planning to.

Article 47. Suspension of the contract or reduction of day due to economic, technical, organizational or production or arising from force majeure.

1. the entrepreneur may suspend the contract of employment due to economic, technical, organizational or production, pursuant to the provisions of this article and the procedure determined by law.

Is understands that concur causes economic when of them results of the company is detach a situation economic negative, in cases such as the existence of losses current or planned, or the decrease persistent of his level of income ordinary or sales. In any case, means that the decline is persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than the one registered in the same quarter of the previous year.

It is understood that technical reasons concur when changes, among others, in the field of the means or instruments of production; causes of organizational when, among others, changes in the scope of systems and methods of work of the staff or mode of organizing production and productive causes when change, among others, in the demand for the products or services that the company intends to place on the market.

The procedure, which will be applicable either that the number of workers of the enterprise and the number of people affected by the suspension, will begin using communication to the competent labour authority and the simultaneous opening of a period of consultation with the legal representatives of the workers of not more than fifteen days.

The inquiry will be held in a single negotiating Committee, although, there several work centers, will be limited to the centers affected by the procedure. The Negotiating Committee shall be composed of a maximum of 13 members representing each of the parties.

Intervention as partners to the direction of the company in the consultation procedure shall be indicated subjects in the article 41.4, on order and conditions indicated in the same.

The representative of the workers Commission should be formed prior to business communication of opening of the consultation period. For these purposes, the management of the company shall communicate in an irrefutable manner to the workers or their representatives its intention to initiate the procedure. He term maximum for the Constitution of the Commission representative will be of seven days from the date of the referred communication, unless any of them centers of work that go to be affected by the procedure not count with representatives legal of them workers, in whose case the term will be of fifteen days.

After the deadline for the establishment of the Commission representative, the management of the company may communicate formally to representatives of workers and the labour authority the beginning of the consultation period. The lack of establishment of the representative Commission will not prevent the onset and course of the consultation period, and its Constitution subsequent to the start of the same do not behave, in any case, the extension of its duration.

The labour authority will transfer of business communication to the managing body of the benefits for unemployment and seek mandatory report from the Inspectorate of labour and Social Security on the ends of the communication and the development of consultation period. The report must be evacuated in the non-extendable term of fifteen days from notification to the labour authority of the completion of the consultation period and will be incorporated into the procedure.

When the consultation period ends with agreement shall be presumed to concur the reasons which alludes the paragraph first and can only be contested before the social courts by the existence of fraud, fraud, coercion or abuse of right in his conclusion.

During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement. The agreement will require the conformity of the majority of the legal representatives of workers or, where appropriate, of the majority of the members of the representative of the workers Commission provided that, in both cases, they represent the majority of the workers of the Center or centers of work affected.

Businessman and the representation of workers may agree at any time replacing consultation period by the procedure of mediation or arbitration that applies in the area of the company, which must develop within the period designated for that period.

After the completion of the period of consultations the entrepreneur will notify to them workers and to it authority labor its decision on it suspension of contracts, that shall take effects starting from the date of its communication to it authority labor, unless in she is contemplate a rear. The labour authority will inform business decision to the managing body of the provision by unemployment.

Within the period of fifteen days from the date of the last meeting held in the period of consultation, the entrepreneur not had communicated to the representatives of workers and the labour authority its decision on the suspension of contracts, will cause revocation of the procedure under the terms established by law.

The business decision may be contested by the labour authority at the request of the managing body of the provision by unemployment when that could be aimed at obtaining undue benefits from workers affected by absence of the motivating cause of the legal situation of unemployment.


Against the decisions referred to in this paragraph may claim the worker before the social Court that declared the measure justified or unjustified. In the latter case, the sentence shall declare the immediate resumption of the employment contract and will condemn the employer to pay the wage arrears by the worker up to the date of the resumption of the contract or, where appropriate, to payment of the differences that arose with respect to the amount received unemployment benefits during the period of suspension subject to reinstatement that appropriate conduct by the employer of the amount of such benefits to the managing body of the payment of the same. When the business decision affects a number of workers equal to or greater than the thresholds laid down in article 51.1 can claim in dispute, without prejudice to individual action. The interposition of the conflict collective seize up the processing of the actions individual initiated, until its resolution.

2. the day of work may reduce is by causes economic, technical, organizational or of production with arrangement to the procedure envisaged in the paragraph previous. For these purposes, means reduction in working hours the temporary decrease from a ten and a seventy per cent of the working day computed on the basis of a daily, weekly, monthly, or annual Conference. During the period of reduction of day not can make is hours extraordinary except strength higher.

3. equally, the contract of work may be suspended by cause derived of force increased with arrangement to the procedure established in the article 51.7 and standards regulations of development.

4. for contract suspensions or reductions of day will promote the development of training actions linked to the professional activities of affected workers whose object is to increase its versatility or increase their employability.

Article 48. Book of job suspension.

1 to cease the legal causes of suspension, the worker is entitled to return to the job quietly, in all the cases provided for in article 45.1 except those listed in the letters to) and (b)), it is going to be to what has been agreed.

2. in the event of temporary incapacity, caused the extinction of this situation with Declaration of permanent disability in the degrees of total permanent incapacity for the usual, absolute profession for all work or serious disability, when, in the opinion of the rating, the situation of disability of the worker body will predictably be reviewed for improvement that allows reinstatement to the job shall continue the suspension of the employment relationship, with reservation of the job, for a period of two years from the date of the resolution by which the permanent disability is declared.

3. in the event of suspension for exercise of public office representative or trade union functions of provincial or higher level, the worker must rejoin within a maximum period of thirty calendar days after the ceasefire in the post or function.

4. in the event of childbirth, suspension will last for sixteen uninterrupted weeks extendable in the event of multiple birth in two weeks for each child from the second. The period of suspension will be distributed at the option of the applicant provided that six weeks immediately after childbirth. In the event of death of the mother, regardless of which this conduct or not work, the other parent may make use of the whole or, where appropriate, of the part remaining of the suspension period, computed from the date of childbirth, and without that is discount the same part that the mother had been able to enjoy prior to the birth. In the so-called of death of the child, the period of suspension not is will see reduced, unless, a time completed them six weeks of rest mandatory, the mother request reinstate is to your since of work.

However the former, and without prejudice to the six weeks immediately following childbirth of rest required for the mother, in the event that both parents work, the mother, at the beginning of the period of maternity rest, may opt for that the other parent enjoy a part determined and uninterrupted from the postnatal rest period is either simultaneous or successive with the mother's. The other parent may continue making use of the period of suspension for maternity initially assigned though, at the time provided for the reinstatement of the mother to work, it is in a situation of temporary disability.

In the event that the mother did not have right to suspend his professional activity with entitlement to benefits in accordance with the rules governing such activity, the other parent shall have the right to suspend her employment contract for a period which would have corresponded to the mother, which will be compatible with the exercise of the right recognized in paragraph 7.

In cases of premature labor and in those in which, for any reason, the newborn must remain hospitalized after the birth, the period of suspension may compute, at the request of the mother, or in the absence of the other parent, the date of discharge from hospital. Excluded from the computation the six weeks after delivery, of mandatory suspension of the contract of the mother.

In cases of premature labor with lack of weight and those in which the newborn required, by any clinical condition, hospital stay following childbirth, for a period longer than seven days, the period of suspension will be extended in as many days as the newborn is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which to develop regulations.

(5. in cases of adoption, of guardian for the purpose of adoption and foster care, in accordance with article 45.1. d), the suspension will last for sixteen uninterrupted weeks, extendable in the event of adoption, guard with multiple purposes of adoption or foster care in two weeks for each child from the second. This suspension will produce its effects, at the option of the worker, from the judgment which constitutes the adoption, from the administrative decision of guardian for the purpose of adoption or foster care, unless in any case a very minor can give right to several periods of suspension.

In cases of international adoption, when necessary previous displacement of the parents to the country of origin of the adoptee, the suspension period for each case in this section be started until four weeks before the resolution by which the adoption is constituted.

When both parents work, the period of suspension will be distributed to choice of stakeholders, who can enjoy it either simultaneous or successive, always with uninterrupted periods and the limits given.

6. in cases of simultaneous periods of rest enjoy, sum thereof may not exceed sixteen weeks provided for in paragraphs 4 and 5, or which apply in cases of childbirth, adoption, guardian for multiple purposes of adoption or foster care.

In the event of disability of the child or of the adopted child, in situation of guardian for the purpose of adoption or foster, the suspension of the contract referred to in the above paragraphs will have additional lasts two weeks. In the event that both parents work, this additional period will be distributed to choice of stakeholders, who can enjoy it either simultaneous or successive and uninterrupted.

The periods referred to in those paragraphs can enjoy on a full-time or part-time basis, agreement between the employers and the workers concerned, in terms to be determined by regulation.

(7. in the case of birth of a child, adoption, guardian for the purpose of adoption or foster care in accordance with article 45.1. d), workers are entitled to the suspension of the contract for paternity leave for four weeks of uninterrupted, expandable in cases of childbirth, adoption, guardian for the purpose of adoption or foster care multiple in two days more for each child from the second. This suspension is independent of the enjoyment of sharing the rest periods regulated in paragraphs 4 and 5.

In the event of delivery, the suspension corresponds exclusively to the other parent. In cases of adoption, guardian for the purpose of adoption or foster care, this right will correspond only to one of the parents, at the choice of the interested parties; However, when the period of rest regulated in paragraph 5 to be enjoyed in its entirety by one of the parents, the right to parental leave suspension only may be exercised by the other.

The worker who exercises this right may do so during the period from the completion of the birth of son, provided for legally or conventionally, permission or judicial resolution constituting the adoption or from the administrative decision of guardian for the purpose of adoption or foster care, pending suspension of the contract for such causes or immediately after completion of the suspension.


The suspension of the contract to is refers this paragraph may enjoy is in regime of day full or in regime of day partial of a minimum of the fifty percent, prior agreement between the entrepreneur and the worker, and as is determine by regulation.

He worker must communicate to the entrepreneur, with the due advance, the exercise of this right in the terms established, in his case, in them conventions collective.

8. in the event of risk during pregnancy or risk during breastfeeding, in the terms provided in article 26 of the law 31/1995 of 8 November, de Prevención de Riesgos Laborales, the suspension of the contract will end the day in to start the contract suspension biological maternity leave or infant meets nine months respectively, or, in both cases, when the impossibility of the worker to return to its previous position or another compatible with her condition.

9. the workers will benefit from any improvement in working conditions to which had failed to qualify during the suspension of the contract in the cases referred to in paragraphs 4 to 8.

(10. in the case provided for in article 45.1. n), the period of suspension shall have an initial duration not exceeding six months, unless the actions of judicial protection is that the effectiveness of the right to protection of the victim required the continuation of the suspension. In this case, the judge may extend the suspension for three months, with a maximum of eighteen months.

Section 4 termination of the contract article 49. Termination of the contract.

1 the contract of employment shall terminate: a) by mutual agreement of the parties.

(b) by the causes validly in the contract unless they constitute abuse of right to manifest by the employer.

(c) by expiry of the agreed time or completion of the work or service covered by the contract. To the completion of the contract, except in them cases of the contract of interim and of them contracts training, the worker will have right to receive a compensation of amount equivalent to it part proportional of the amount that would be of pay twelve days of wage by each year of service, or it established, in its case, in the normative specific that is of application.

Fixed-term contracts that have established maximum period of duration, including practices and for training and learning, contracts concluded for a duration less than the maximum legally established, shall be carried over automatically to that period when not mediate complaints or express extension and the employee continue to render services.

Expired that duration maximum or performed the work or service object of the contract, if there is no complaint and continue in the labor provision, the contract is deemed extended tacitly indefinitely, unless there is evidence to the contrary that certifies the temporary nature of the provision.

If the fixed-term employment contract is more than a year, the proportion of the contract which formulated the complaint is obliged to notify the other of the completion of the minimum notice of 15 days.

(d) by resignation of the worker, and must mediate the notice pointing collective agreements or the custom of the place.

(e) for death, severe disability or permanent total or absolute disability of the worker, without prejudice to the provisions of article 48.2.

(f) for retirement of the worker.

(g) by death, retirement in the cases provided for in the corresponding regime of Social Security, or incapacity of the employer, without prejudice to article 44, or extinction of the legal status of the Contracting Party.

In cases of death, retirement or incapacity of the employer, the worker shall be entitled to the payment of an amount equivalent to one month's salary.

In cases of extinction of the legal status of the contracting must follow the procedures of article 51.

(h) by force majeure which definitely hinders the provision of work, provided that their existence has been duly recorded pursuant to article 51.7.

(i) by collective dismissal founded causes economic, technical, organizational or production.

(j) by will of the worker, founded on a contractual breach of the employer.

(k) by dismissal of the worker.

(l) by causes objective legally from.

(m) by decision of the worker who is forced to definitely leave his post as a result of being a victim of gender-based violence.

2. the entrepreneur, with occasion of the extinction of the contract, to the communicate to them workers it denounces, or, in its case, the notice of the extinction of the same, shall accompany a proposed of the document of liquidation of them amounts owed.

The worker may request the presence of a legal representative of the workers at the time of proceeding with the signing of the receipt of the settlement, by indicating the fact of his signature in the presence of a legal representative of the workers, or else that the worker has not made use of this possibility. If the employer prevents the presence of the representative at the time of the signing, the worker may be it included own receipt, for the appropriate purposes.

Article 50. Extinction by the will of the worker.

1 will be just causes so that the worker may request the termination of the contract: to) the substantial changes in working conditions carried out without respecting the provisions of article 41 and that they result in impairment of the dignity of the worker.

(b) the lack of payment or delays continued in the payment of agreed wages.

(c) any serious breach of its obligations by the employer, except for cases of force majeure, as well as the refusal to reinstate the employee in their previous conditions of work in the cases provided for in articles 40 and 41, when a sentencing court has declared them unjustified.

2. in such cases, the worker shall be entitled to compensation designated for the dismissal.

Article 51. Dismissal collective.

1 a provisions in this law refers to collective dismissal of labour contracts extinction causes economic, technical, organizational or production when, in a period of ninety days, the extinction affect at least a: to) ten workers in enterprises that occupy less than 100 workers.

(b) ten per cent of the number of employees of the company in those that occupy between one hundred and three hundred workers.

(c) thirty workers in enterprises that occupy more than 300 workers.

Is understands that concur causes economic when of them results of the company is detach a situation economic negative, in cases such as the existence of losses current or planned, or the decrease persistent of his level of income ordinary or sales. In any case, means that the decline is persistent if for three consecutive quarters of revenue or sales for each quarter is lower than the one registered in the same quarter of the previous year.

It is understood that technical reasons concur when changes, among others, in the field of the means or instruments of production; causes of organizational when, among others, changes in the scope of systems and methods of work of the staff or mode of organizing production and productive causes when change, among others, in the demand for the products or services that the company intends to place on the market.

Also be understood as collective redundancies the termination of contracts of employment affecting the whole of the staff of the company, provided that the number of workers affected is greater than five, when that occurs as a result of the total cessation of business founded in the same aforementioned reasons.

For the computation of the number of extinctions of contracts referred to in paragraph first of this section, shall be taken into account also any others produced in the reference period on the initiative of the employer under other reasons not to the person of the employee other than those provided for in article 49.1. c), provided that their number is at least five.

When in successive periods of ninety days and in order to circumvent the provisions contained in this article, the company perform extinctions of contracts under provisions in the 52.c article) to a lower number to designated thresholds, and without that there are new reasons justifying such action, these new extinctions will be considered made on fraud law , and will be declared null and void.


2. the collective dismissal must be preceded by a period of consultation with the legal representatives of the workers of a duration not exceeding thirty days, or Quince for undertakings of less than 50 workers. Consultation with the legal representatives of the workers must be, at a minimum, on the possibilities of avoiding or reducing the redundancies and of mitigating the consequences by recourse to social measures, such as measures of relocation or actions of training or retraining for the improvement of the employability. The inquiry will be held in a single negotiating Committee, although, there several work centers, will be limited to the centers affected by the procedure. The Negotiating Committee shall be composed of a maximum of 13 members representing each of the parties.

Intervention as partners to the direction of the company in the consultation procedure shall be indicated subjects in the article 41.4, on order and conditions indicated in the same.

The representative of the workers Commission should be formed prior to business communication of opening of the consultation period. For these purposes, the management of the company shall communicate in an irrefutable manner to the workers or their representatives its intention to initiate the procedure of collective dismissal. He term maximum for the Constitution of the Commission representative will be of seven days from the date of the referred communication, unless any of them centers of work that go to be affected by the procedure not count with representatives legal of them workers, in whose case the term will be of fifteen days.

Elapsed the term maximum for the Constitution of the Commission representative, the address of the company may communicate formally to them representatives of them workers and to the authority labor the home of the period of consultations. The lack of establishment of the representative Commission will not prevent the onset and course of the consultation period, and its Constitution subsequent to the start of the same do not behave, in any case, the extension of its duration.

The communication of the opening of the period of consultations is held by written directed by the entrepreneur to them representatives legal of them workers, a copy of which is will make get to the authority labor. (In said written is footnoted the following ends: to) the specification of the causes of the dismissal collective according to it established in the paragraph 1.

(b) number and classification professional of the workers affected by the dismissal.

(c) number and professional classification of workers usually employed in the last year.

(d) period to carry out the dismissals.

(e) criteria taken into account for the designation of workers affected by redundancies.

(f) copy of the communication addressed to the workers or their representatives by the management of the company of its intention to initiate the procedure for collective redundancies.

(g) representatives of workers who will integrate the bargaining Committee or, where appropriate, indication of the lack of this Constitution within the legal deadlines.

Communication to the legal representatives of the workers and the labour authority shall be accompanied by an explanatory memorandum of the reasons of the redundancy and other aspects mentioned in the previous paragraph, as well as accounting and tax documentation and technical reports, all of this in the terms established by law.

Received the communication, the labour authority will transfer the same to the managing body of the benefits for unemployment and seek, with mandatory character, report by the Inspectorate of labour and Social Security on the ends of the communication referred to in the preceding paragraphs and on the development of the consultation period. The report must be evacuated in the non-extendable term of fifteen days from notification to the labour authority of the completion of the consultation period and will be incorporated into the procedure.

During the period of consultation, the Parties shall negotiate in good faith, with a view to reaching an agreement.

The agreement will require the conformity of the majority of the legal representatives of workers or, where appropriate, of the majority of the members of the representative of the workers Commission provided that, in both cases, they represent the majority of the workers of the Center or centers of work affected.

It entrepreneur and the representation of them workers may agree in any time the replacement of the period of consultations by the procedure of mediation or arbitration that is of application in the field of the company, that must develop is within the term maximum designated for said period.

The labour authorities shall ensure the effectiveness of the consultation period and may refer, in its case, warnings and recommendations parties which will not, in any case, the cessation or suspension of the proceedings. Equally and without prejudice to the provisions of the preceding paragraph, the labour authorities may perform during the period of consultation, at the joint request of the parties, mediation actions that are suitable for the purpose of seeking solutions to the problems posed by the collective dismissal. With the same purpose you can also perform functions of assistance at the request of either party or on its own initiative.

The period of consultation entrepreneur shall notify the labour authority the result of the same. If agreement has been reached, he will move a full copy of the same. Otherwise, send the representatives of workers and the labour authority the decision of collective dismissal it has taken and the same conditions.

If in the term of fifteen days from the date of the last meeting held in the period of consultations, the entrepreneur not had communicated to them representatives of them workers and to it authority labor its decision on the dismissal collective, is will produce the expiration of the procedure of dismissal collective in them terms that regulations is established.

3. when extinction would affect more than fifty percent of the workers, you will notice by the employer from the sale of the assets of the company, except those that constitute the normal traffic of the same, the legal representatives of the workers and, similarly, to the competent authority.

4 reached the agreement or communicated the decision to the representatives of the workers, the entrepreneur may notify layoffs individually affected workers, to be carried out pursuant to article 53.1. In any case, must have minimum thirty days elapsed between the date of the communication of the opening of the consultations to the labour authority and the date of the dismissal.

5. the legal representatives of the workers will have priority of permanence in the company in the cases referred to in this article. By collective agreement or agreement reached during the consultation period, tenure in favor of other groups, such as workers with family responsibilities, priorities may be determined older or disabled people.

6. the business decision can challenge through actions foreseen for this dismissal. The filing of the demand by the representatives of the workers seize up the processing of individual actions initiated, until resolution of that one.

The labour authority may contest the agreements adopted in the period of consultations when it deems that these have been achieved through fraud, fraud, coercion or abuse of right for the purpose of their possible declaration of invalidity, as well as when the managing body of the unemployment benefit had been informed that extinctive business decision could be aimed at obtaining undue benefits from workers affected by absence of the motivating reason for the situation legal unemployment.

7. the existence of force majeure, as a motivating cause of the extinction of contracts of employment, must be confirmed by the labour authorities, either that is the number of the workers concerned, prior procedure processed pursuant to this section and the provisions of regulatory development.

The procedure will begin through the company's request, accompanied by proof that it deems necessary and simultaneous communication media to the legal representatives of the workers, who shall be entrusted to the status of an interested party in the whole of the procedure.

The resolution of the labour authority will dictate, prior actions and reports essential, within five days from the request, and should limit, where appropriate, to verify the existence of force majeure alleged by the company, corresponding to this decision on the expiry of contracts, which will take effect from the date of the causal event of force majeure. The company shall give transfer of that decision to the representatives of workers and the labour authority.


The labour authority which found the force majeure may decide that all or a portion of the compensation that corresponds to the workers affected by the termination of their contracts is satisfied by the wage guarantee fund, without prejudice to the right to reparation of the entrepreneur.

8. the obligations of information and documents provided for in this article shall apply irrespective of which the decision on collective redundancies has been taken by the employer or by the undertaking which exercises control over it. Any justification for the employer based on the fact that the company that made the decision has not provided him the necessary information may not be taken into consideration for this purpose.

9. in the case of procedures for collective dismissals of companies not falling in bankruptcy proceedings, which include workers with fifty and five or more years of age who do not have the condition of mutual benefit on January 1, 1967, there is the obligation to pay contributions to the financing of a special Convention on workers previously indicated in the terms provided for in the revised text of the General Social Security Act.

10. the company carrying out a collective dismissal affecting more than 50 workers must offer affected workers an external relocation through authorized relocation companies plan. This plan, designed for a minimum period of six months, shall include measures of training and vocational guidance, personalized attention to the worker concerned and actively seeking employment. In any case, the above shall not apply in the companies that had undergone a bankruptcy procedure. He cost of the elaboration and implementation of said plan not will fall in any case about them workers.

The labour authority, through the competent employment service, will verify the accreditation of compliance with this obligation and, where appropriate, require the company so relevant to compliance.

Without prejudice to the provisions of the preceding paragraph and the corresponding administrative responsibilities, breach of the obligation in this section or the accompanying social measures taken by the employer, may give rise to the claim of the compliance of the workers.

11. companies that can carry out collective dismissals pursuant to this article, and including workers of fifty or more years old, must be a financial contribution to the Treasury in accordance with legally.

Article 52. Termination of the contract due to objective.

The contract may be terminated: to) by the ineptitude of the worker known or arising subsequent to their effective placement in the company. The existing ineptitude prior to the fulfillment of a trial period may not claim subsequent to such compliance.

(b) due to lack of adaptation of the worker operated technical changes in his job, when such changes are reasonable. Previously the employer must offer workers a course aimed at facilitating adaptation to the operated modifications. The time devoted to training will be considered in any case effective working time and businessman paid worker's wage which came perceiving. Extinction may not be agreed by the businessman until after, as a minimum, two months since the modification was introduced, or since he finished training for adaptation.

(c) when any of the causes provided for in article 51(1) and extinction affect a number less than the established therein.

The representatives of the workers will have priority of permanence in the company in the case referred to in this section.

(d) for assistance to work, even justified but intermittent faults, that reach 20% of the days working in two consecutive months always to the total lack of care in the previous 12 months to reach five percent of the working days, or 25 percent in four months discontinuous within a period of twelve months.

Not be computed as lack of assistance, for the purposes of the preceding paragraph, absences due to strike for the duration of the same time, the exercise of activities of legal workers representation, accident, maternity, risk during pregnancy and lactation, diseases caused by pregnancy, childbirth or breastfeeding, fatherhood, licenses and vacation, illness or accident does not work when the low has been agreed upon by the official health services and has a duration of more than twenty days consecutive, or them motivated by the situation physical or psychological derived of violence of gender, accredited by the services social of attention or services of health, according to proceed.

Nor is computed the absences that obey to a treatment doctor of cancer or disease serious.

(e) in the case of contracts for an indefinite time concerted directly by non-profit entities finalist, for the execution of plans and certain public programs without prize money funded by the Government through annual budgetary or extrabudgetary allocations and stable result of external income of character by the inadequacy of the corresponding appropriation for the maintenance of the employment contract in question.

When the extinction affect a number of workers equal to or greater than that provided for in article 51.1 follow the procedure laid down in that article.

Article 53. Form and effects of extinction due to objective.

1 the adoption of the agreement of extinction under cover of the stipulated in the previous article requires the observance of the following requirements: to) written to the worker communication expressing the cause.

(b) make available to the worker, at the same time the delivery of written communication, compensation of twenty days per year of service, prorating for months the time periods less than one year and a maximum of twelve months.

When the extinctive decision is founded on article 52.c), with allegation of economic cause, and as result of such economic situation could be available to the worker the compensation referred to in the preceding paragraph, the holder, stating it in written communication, can leave do so, without prejudice to the right of the worker demand that your subscription when effectiveness extinctive decision.

(c) granting of a period of notice of fifteen days, computed from the delivery of the personal communication to worker until the expiry of the employment contract. In the event referred to in article 52.c), brief notice will be copy the legal representation of the workers for their knowledge.

2. during the period of notice the employee, or his legal representative if it is a person with disability who had it, will be entitled, without loss of remuneration, to a license of six hours per week in order to find new employment.

3. against the extinctive decision may be made as if it were of disciplinary dismissal.

4 when the extinctive decision of the entrepreneur and mobile had some of the grounds for discrimination prohibited in the Constitution or the law or had occurred in violation of fundamental rights and liberties of the worker, extinctive decision is void, the judicial authority do such a declaration of office.

The extinctive decision is also void in the following cases: to) workers during periods of suspension of the contract of work to be maternity, adoption, save for the purpose of adoption, foster care, parenting, risk during pregnancy or risk during breastfeeding referred to in the articles 45.1. d) and e) or by diseases caused by pregnancy, childbirth, or breastfeeding , or the notified in such a date that the period of notice granted complete within these periods.

(b () of pregnant workers, from the date of the beginning of pregnancy until the beginning of the period of suspension referred to in the letter to); workers who have applied for permissions that relate the 37.4 articles 5 and 6, are enjoying them, or have applied for or are enjoying the leave provided for in article 46.3; and the workers victims of gender-based violence for the exercise of rights of reduction or reorganization of your working time, geographical mobility, change of job or short of suspension of the employment relationship under the terms and conditions in this law.

((c) the workers following her return to work at the end of the period of suspension of the contract for maternity, adoption, keeps for the purpose of adoption, foster care, or paternity leave referred to in article 45.1. d), provided that not more than nine months had since the date of birth, adoption, delegation of guardian for the purpose of adoption or foster care of the child or the child.

The established in the previous letters shall apply, except that, in such cases, the origin of the extinctive decision for reasons unconnected with the pregnancy or the exercise of the right to the permission and leave of absence is declared.


The extinctive decision will be considered from provided that credited the concurrence of the cause that the extinctive decision was based and it had fulfilled the requirements set out in paragraph 1 of this article. In another case was considered inadmissible.

However, the concession of the notice or the excusable error in the calculation of the compensation will not determine the inadmissibility of dismissal, without prejudice to the obligation of the employer pay wages for that period or the payment of compensation in the correct amount, regardless of the other effects that come.

5 the qualification by the judicial authority of the nullity, provenance or extinctive decision inadmissible will produce the same effects as indicated for the disciplinary dismissal, with the following modifications: a) in case of provenance, the worker is entitled to the indemnity provided under paragraph 1, consolidating it's receiving it, and means unemployed due to it not attributable.

(b) if the extinction is declared inadmissible and the employer proceeds to the readmission, the worker shall refund the perceived compensation. In case of replacement of the readmission by financial compensation, the amount of such compensation shall be deducted from this.

Article 54. Disciplinary dismissal.

1. the contract of employment may be extinguished by decision of the entrepreneur, through dismissal based on a serious and culpable worker's breach.

2 will be considered breach of contract: to) repeated and unjustified absences attendance or punctuality to work.

(b) insubordination or disobedience in the work.

(c) the verbal or physical offences to the entrepreneur or persons working in the company or family members who live with them.

(d) the transgression of the good faith contractual, as well as the abuse of confidence in the performance of the work.

(e) the continued and voluntary reduction in normal or agreed upon work performance.

(f) habitual drunkenness or drug abuse if they negatively affect the work.

(g) harassment on grounds of racial or ethnic origin, religion or convictions, disability, age or sexual orientation and sexual harassment or gender to the entrepreneur or persons working in the company.

Article 55. Form and effects of disciplinary dismissal.

1. the dismissal shall be notified in writing of the worker, making include the facts that motivate him and the date that will have effects.

Other formal requirements for the dismissal may be established by collective agreement.

When the worker was legal representative of workers or Union representative will be the opening of contradictory record, which shall be heard, in addition to the person concerned, the remaining members of the representation to which strength belongs, if any.

If the worker was affiliated to a Trade Union and the entrepreneur is you, you must give pre-trial hearing stewards of the Union the Union section.

2 If the dismissal were held inobservando the provisions of the preceding paragraph, the employer may make a new dismissal which qualifies omitted in the previous. This new dismissal, that it will only take effect from their date, only fit to do so within the period of twenty days, counting from the following the dismissal of first. To do this, entrepreneur will provide worker wages paid in the intermediate days, keeping him during the same in the Social Security.

3. the dismissal will be qualified as applicable, inadmissible or null.

4. the dismissal shall be deemed from the breach alleged by the employer in its communication is accredited. It will be unfair if or when in its form is not adjusted as provided in paragraph 1.

5 will be void the dismissal which has the mobile one of the grounds for discrimination prohibited in the Constitution or the law, either to occur with violation of fundamental rights and liberties of the worker.

(((Will be also null the dismissal in them following supposed: to) the of them workers during them periods of suspension of the contract of work by maternity, adoption, keeps with purposes of adoption, foster care, paternity, risk during the pregnancy or risk during the lactation natural to is refer them articles 45.1. d) and e) or by diseases caused by pregnancy, childbirth or lactation natural , or the notified in such a date that the period of notice granted complete within these periods.

(b () of pregnant workers, from the date of the beginning of pregnancy until the beginning of the period of suspension referred to in the letter to); the workers who have applied for permissions that refer the 37.4 articles 5 and 6, are enjoying them, or have applied for or are enjoying the leave provided for in article 46.3; and the workers victims of gender-based violence for the exercise of rights of reduction or reorganization of your working time, geographical mobility, change of job or short of suspension of the employment relationship under the terms and conditions in this law.

(c () of the workers following her return to work at the end of periods of suspension of the contract for maternity, adoption and delegation of guardian, foster care, or paternity leave referred to in article 45.1. d), provided that not more than nine months had since the date of birth, adoption, delegation of guardian or placement of the child or the child.

The established in the previous letters shall apply, except that, in such cases, declare the origin of the dismissal for reasons unconnected with the pregnancy or the exercise of the right to the permission and leave of absence.

6. the dismissal shall have the effect of the immediate reinstatement of the worker, with payment of the wage arrears.

7. dismissal from matching the extinction of the contract of employment that with that one occurred, without right to compensation or wages from processing.

Article 56. Unfair dismissal.

1. when the dismissal is declared inadmissible, the entrepreneur, in the term of five days from the notification of the sentence, may opt between the readmission of the worker or the manure of a compensation equivalent to thirty and three days of wage by year of service, prorating is by months them periods of time lower to a year, until a maximum of twenty-four monthly payments. The option for compensation will determine the extinction of the employment contract, which shall be produced on the date of the effective cessation of work.

2. in the event that you opt for the readmission, workers are entitled to the wages of processing. These shall correspond to an amount equal to the sum of them wages left of perceive from the date of dismissal until it notification of it sentence that declared it inadmissible or until had found another employment, if such placement out previous to such sentence and is proved by the entrepreneur it perceived, for its discount of them wages of processing.

3. in the so-called of not choose the entrepreneur by the readmission or the compensation, is understands that proceeds it first.

4. If the fired out a representative legal of the workers or a delegate Trade Union, the option will correspond always to this. Of not making the option, is means that it makes by the readmission. When the option, express or alleged, is in favour of the readmission, this will be required. Whether you opt for compensation as if done by the readmission, shall be entitled to the wages of processing referred to in paragraph 2.

5. when the judgment that declares the inadmissibility of dismissal issued after more than ninety days from the date that arose the demand, the entrepreneur can claim State payment of economic perception refers to which paragraph 2, corresponding at the time that exceeds these ninety working days.

In cases of dismissal where, pursuant to this section, are wages for processing on behalf of the State, said wages for Social Security fees will be charged to the same.

Section 5th bankruptcy proceedings article 57. Bankruptcy proceedings.

In case of contest, the assumptions of modification, suspension and extinction collective contracts of work and of succession of business, apply disciplines provided for in law 22/2003, of July 9, bankruptcy.

Chapter IV fouls and penalties article 58 workers. Fouls and penalties of the workers.

1. workers may be sanctioned by the management under labour breaches, in accordance with the graduation of fouls and penalties established in the legal provisions or collective agreement that is applicable.

2. the valuation of absences and the corresponding sanctions imposed by the management of the company will always be reviewable before the social courts. The punishment of serious and very serious failures will require written notice to the worker, stating the date and the facts that motivate it.

3 not be may impose sanctions consisting in the reduction of the duration of holidays or other impairment of the rights to the rest of the worker or a fine if.

Chapter V section 1 prescription of actions arising from the contract article 59 limitation periods. Prescription and expiration.


1. the actions arising from the contract of employment that do not have designated special term shall be extinguished after the year of its completion.

(To these effects, is considered terminated the contract: to) the day in that expires the time of duration agreed or fixed by available legal or Convention collective.

(b) the day in that terminate the provision of services continued, when is has given this continuity by virtue of extension express or tacit.

2. If the action is exercised to require perceptions economic or for the fulfilment of obligations of single tract, which may not take place after terminated the contract, within a year will be calculated from the day that the action could be brought.

3. the exercise of the action against the dismissal or resolution of contracts temporary will expire to them twenty days following of that in that it had produced. Those days will be working and the term of expiration to all those effects.

The term of expiration will be interrupted by the presentation of the application of conciliation before the organ public of mediation, arbitration and conciliation competent.

4. the provisions of the preceding paragraph shall apply to actions against business decisions relating to geographical mobility and substantial on working conditions change. The term shall be calculated from the day following the date of notification of the business decision, upon completion, where appropriate, the period of consultation.

Section 2 prescription of infringements and misconduct article 60. Prescription.

1. the infringements committed by the employer will be prescribed pursuant to the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000, of 4 August.

2. with regard to the workers, the minor misconduct will be prescribed ten days; the serious, twenty days, and the very serious, within sixty days from the date on which the company had knowledge of his Commission and, in any case, six months have been committed.

Title II rights of collective representation and Assembly of workers in the chapter I company of the right to collective representation article 61. Participation.

Of conformity with it willing in the article 4 and without prejudice of other forms of participation, the workers have right to participate in the company through them organs of representation regulated in this title.

Section 1 article 62 representative bodies. Delegates of personal.

1. the representation of the workers in the company or center of work that have less than fifty and more than ten workers corresponds to them delegates of personal. Also may have a delegate's personal in those companies or centers that have between six and ten workers, if so it decided these by most.

Those workers will elect, through suffrage free, personal, secret and direct to them delegates of personal in the number following: until thirty workers, one; of thirty and one to forty and nine, three.

2. them delegates of personal exercise together before the entrepreneur the representation for which were elected and will have the same competencies established for them committees of company.

The delegates of personal observed them standards that on stealth Professional are established for the members of committees of company in the article 65.

Article 63. Committees of company.

1. the Works Council is the body representative and College of the whole of the workers in the enterprise or workplace for the defence of their interests, becoming in each work center whose census is 50 or more workers.

2. in the company that is in the same province or bordering municipalities, two or more work centers whose censuses do not reach fifty workers, but that together add up will be a joint business Committee. When a few centers fifty workers and others from the same province have not, in the first works councils themselves will make up and with every second they will constitute another.

3 only by collective agreement may negotiate the establishment and operation of a Committee centres with a maximum of thirteen members, who shall be appointed from among members of the different committees of Centre.

In the Constitution of the Committee centres will be saved the proportionality of trade unions according to the election results considered globally.

Such committees with other centres may not assume other functions than that expressly grant in the collective agreement in that its creation is agreed.

Article 64. Rights of information and consultation and competencies.

1. the Committee shall have the right to be informed and consulted by the employer on issues affecting workers, as well as on the situation of the company and the evolution of employment in it, in the terms provided for in this article.

Information means the transmission of data by the employer to the Works Council, so this has knowledge of an issue and can proceed to its consideration. Consultation means the exchange of views and the opening of a dialogue between the employer and the Committee on a particular issue, including, where appropriate, the issuance of a preliminary report by the same.

In defining or implementing information and consultation procedures, the employer and the Works Council will act in a spirit of cooperation, in compliance with their rights and mutual obligations, taking into account both the interests of the company and the workers.

2 the Committee shall have the right to be informed on a quarterly basis: to) on the overall progress of the economic sector to which the company belongs.

(b) on the economic situation of the company and the recent and likely evolution of its activities, including environmental actions which have direct impact on employment, as well as on production and sales, including the production program.

(c) on the forecasts of the entrepreneur from new contracts, with an indication of the number of these and of the modalities and types that will be used, including part-time contracts, the realization of additional hours for workers contracted part time and cases of subcontracting.

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

3. also is entitled to receive information, at least annually, on the application in the company of the right to equal treatment and opportunities between men and women, between which will include data on the proportion of women and men in the different professional levels, as well as, where appropriate, on measures taken to promote equality between women and men in the company and having established an equality plan, on the implementation of the same.

4 the Committee, on the basis that appropriate in each case, will have right to: to) know the balance sheet, the income statement, memory and, in the event that the company the form of society by shares, other documents that become members, and under the same conditions as these.

(b) meet the models of written contract used in the enterprise as well as documents relating to the termination of the employment relationship.

(c) be informed of all the sanctions imposed for very serious misconduct.

Also, the Works Council is entitled to receive the basic copy of contracts as well as the notification of extensions and reports relevant to them within the period of ten days following that would take place.

5. the Committee shall have the right to be informed and consulted on the status and structure of employment in the company or in the workplace, as well as to be informed on a quarterly basis on the likely evolution of the same, including the consultation when changes regarding this provision.

In addition, you will have right to be informed and consulted on all decisions of the company that could result in significant changes in the Organization of work and contracts of employment in the company. Equally entitled to be informed and consulted on the adoption of any preventive measures, particularly in cases of risk to employment.

The Works Council is entitled to issue report, prior to the execution by the employer of the decisions taken by this, on the following issues: to) the template and full or partial, definitive or temporary ceasefires that restructurings.

(b) reductions of day.

(c) the total or partial transfer of the facilities.

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

(e) the plans of vocational training in the enterprise.

(f) the implementation and review of systems of organization and control of work, time studies, establishment of systems of bonuses and incentives and evaluation of jobs.


6. the information should be provided by the entrepreneur to the Committee, without prejudice to specifically in each case, at a time, in a way and an appropriate content, allowing representatives of the workers proceed with appropriate consideration and prepare, where appropriate, the consultation and the report.

The consultation shall be, unless expressly otherwise, is set at a time and with appropriate content, the level of address and corresponding representation of the company, and in such a way to allow the representatives of the workers, on the basis of the information received, meet with the employer, get a response justified his eventual report and be able to compare their points of view or opinions in order to , where appropriate, be able to reach an agreement on the issues listed in paragraph 5, and without prejudice to the powers accorded to the employer to respect in relation to each such issues. In any case, consultation should allow that the criteria of the Committee can be known by entrepreneur when it comes to adopt or implement the decisions.

Reports which must issue the Committee will have to be developed within a maximum of fifteen days since they have been requested and forwarded the relevant information.

7 the Committee will also have the following powers: to) exert a work: 1 surveillance in compliance with current standards on labor, social security and employment, as well as the rest of the Covenants, conditions and company applications in force, by formulating, where appropriate, legal action to employers and agencies or courts.

2nd surveillance and control of conditions of safety and health in the development of the work in the company, with the particular conditions laid down in this order by article 19.

3rd of surveillance of the respect and application of the principle of equality of treatment and of opportunities between women and men.

(b) participate, as determined by collective agreement, in the management of social work in the company for the benefit of the workers or their families.

(c) collaborate with the address of the company for get the establishment of few measures seek the maintenance and the increase of the productivity, as well as the sustainability environmental of the company, if so is agreed in them conventions collective.

(d) collaborate with the management of the company in the establishment and implementation up conciliation measures.

(e) inform their represented in all topics and issues identified in this article insofar as directly or indirectly have or could have impact on labour relations.

8. the provisions of this article shall be without prejudice to the specific provisions laid down in other articles of this law or other legal or regulatory standards.

9 while respecting established legal or regulations, by collective agreements special provisions relating to the content and the modalities of exercise of the rights of information and consultation provided for in this article, as well as to the most appropriate level of representation may be to exercise them.

Article 65. Capacity and professional secrecy.

1 recognising the company Committee capacity, as a collegiate body, to pursue administrative or judicial actions in regard to the scope of their powers, majority decision of its members.

2. the members of the Committee of business and it as a whole, as well as, where appropriate, the experts who assist them, observe the duty of secrecy regarding information which, in the legitimate and objective interests of the company or of the workplace, have been expressly communicated with reserved character.

3. in any case, any kind of document delivered by the company to the Committee may be used beyond the strict scope of that or for purposes other than which motivated his delivery.

The duty of secrecy shall continue even after the expiry of its mandate, and regardless of the place in which they are.

4. exceptionally, the company is not obliged to communicate specific information related to industrial, financial or commercial secrets whose disclosure could, according to objective criteria, hinder the operation of the company or the work center or serious harmful effects on its economic stability.

This exception does not cover data that relate to the volume of employment in the company.

5. the challenge of the decisions of the company to assign reserved character or not to communicate certain information to the representatives of the employees shall be dealt with according to the process of collective disputes regulated in Chapter VIII of title II of the second book of the law 36-2011, of 10 October, regulating the Social jurisdiction.

Also, is processed according to this process the litigation relating to the compliance by them representatives of them workers and by them experts that them attend of their obligation of stealth.

It willing in this paragraph is understands without prejudice of it planned in the text consolidated of the law on offences and sanctions in the order Social, approved by the Real Decree legislative 5 / 2000, of 4 of August, to them cases of negative unjustified of the information to have right them representatives of them workers.

Article 66. Composition.

1 the number of members of the Committee shall be determined in accordance with the following scale: to) fifty to one hundred workers, five.

(b) of cent one to two hundred fifty workers, nine.

(c) of two hundred fifty and one to five hundred workers, thirteen.

(d) of five hundred one to seven hundred fifty workers, seventeen.

(e) from one to one thousand and seven hundred and fifty workers, twenty-one.

(f) of thousand onwards, two for each thousand or fraction, with a maximum of seventy-five.

2. the company or workplace committees shall elect from among its members a Chairman and a Secretary of the Committee, and shall draw up its own rules of procedure, which shall not contravene the provisions of the law, by sending a copy of it to the labour authority, for the purposes of registration, and the company.

The committees should meet every two months or one-third of its members or one third represented workers request it.

Article 67. Promotion of elections and electoral mandate.

1 you can promote elections staff delegates and members of works councils the most representative trade union organizations, which have a minimum of a ten per cent of representatives in the company or the workers of the workplace by majority agreement. Trade unions capable of promotion of elections shall have right of access to records of public administrations that contain data relating to the registration of companies and high of workers, to the extent necessary to carry out such promotion in their respective fields.

Promoters shall inform the company and the public office of the labour authority plans to hold elections with at least of, at least one month prior to the beginning of the electoral process. In this communication promoters must accurately identify the company and the work center is where you want to hold the electoral process and the start date of this one, which will be the Constitution of the polling station and that, in any case, can not start before one month or more than three months counted from the registry of communication in the public office of the labour authority. This public office within the next business day, will be exhibiting at the bulletin board the notices submitted, providing copy thereof to unions who so request it.

Only prior majority agreement among the unions more representative or representative in accordance with the organic law 11/1985, 2 of August, on freedom of Association, can be promoted widely in one or several fields functional or territorial elections. These agreements must communicate to the public office of the labour authority for your deposit and publicity.

When elections are promoted to renew representation by conclusion of the duration of the mandate, such single promotion may be the date that missing three months for the expiry of the mandate.

By-elections by resignations, reversals or representation by increase of template settings can be promoted. Collective agreements may provide for the necessary to accommodate the representation of workers significant decreases of template that can take place in the company. Failing that, such accommodation must be made by agreement between the company and workers representatives.

2. the breach of any of the requirements established in this article for the promotion of elections will determine the lack of validity of the corresponding process electoral; This however, the omission of communication to the company you can replace is by means of the transfer to it a copy of the communication submitted to public office dependent on the labour authority, provided that the transfer of the copy takes place with a minimum advance of twenty days with respect to the date of initiation of the electoral process set out in the notice of promotion.


Renunciation of the promotion after the communication of the public office of the labour authorities shall not prevent the development of the electoral process, provided that all the requirements enabling the validity of the same.

In case of concurrence of promoters for the conduct of elections in an enterprise or workplace shall be deemed valid, for purposes of the initiation of the electoral process, the first recorded call, except in the cases where the Union most of the enterprise or workplace with Works Council submitted another different date, in which case the latter prevail always and when such calls comply with the established requirements. In this last so-called it promotion must accompany is of a communication irrefutable of such promotion of elections to which had made another or others with previously.

3. the duration of the mandate of them delegates of personal and of them members of the Committee of company will be of four years, understanding is that is will keep in functions in the exercise of their powers and of their guarantees to both not is had promoted and held new elections.

Only may be revoked staff delegates and members of the Committee during his term of office, by decision of the workers who have elected them, by Assembly convened for this purpose at the request of one third, as a minimum, voters and by an absolute majority of these personal suffrage, free, direct and secret. However, this reversal not can make is during the processing of a Convention collective, or rethink is until after, at least, six months.

4. in the case of produce is vacant by any cause in them committees of company or of centres of work, that is will cover automatically by the worker next in the list to which belong the replaced. When the vacant is refer to them delegates of personal, is covered automatically by the worker that had retrieved in the vote a number of votes immediately lower to the last of them elected. Substitute will be it for the time that you subtract from the mandate.

5 replacement, revocation, resignations and extinctions of mandate shall be communicated to the public office of the labour authority and entrepreneur, also published in the Bulletin Board.

Article 68. Warranties.

Members of the Works Council and the staff delegates, as legal representatives of workers, will be safe which will be available in the collective agreements, the following guarantees: to) opening of contradictory record in the course of sanctions for serious or very serious misconduct, which shall be heard, apart from the party concerned, the Committee of company or remaining staff delegates.

(b) priority of tenure at the company or workplace with respect to other workers, in the event of suspension or termination by technological or economic causes.

(c) not be dismissed nor sanctioned during the exercise of their functions or in the year following the expiration of its mandate, except if this occurs by revocation or resignation, provided that the dismissal or sanction is based on the action of the worker in the exercise of its representation, without prejudice, therefore, provisions of article 54. Also you can nondiscrimination in its economic or professional promotion because, precisely, the performance of its representation.

(d) Express, jointly if the Committee, with freedom is their views on matters concerning to the sphere of its representation, and may publish and distribute, without disturbing the normal development of the work, labor or social interest publications, communicating it to the company.

(e) have a credit of monthly hours paid each of the members of the Committee or delegate of staff in each workplace, for the exercise of their functions of representation, in accordance with the following scale: 1 up to 100 workers, fifteen hours.

2nd of one hundred twenty hours, one to two hundred and fifty workers.

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

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

5th of seven hundred and fifty and one from now on, forty hours.

You can be agreed in collective agreement the accumulation of hours of individual members of the Committee and, where appropriate, of the staff delegates, in one or several of its components, without exceeding the maximum total, and can be relieved or relieved work, without prejudice to their remuneration.

Section 2 electoral procedure article 69. Choice.

1. the delegates of personnel and the members of the Committee will be chosen by all workers by personal, direct, free and secret suffrage who may deliver by mail in the form that established rules for the development of this law.

2 will voters be all workers of the company or workplace over sixteen years and older in the company of at least a month, and eligible workers who are eighteen years of age and older in the company for at least six months, except those activities that, for staff mobility, less agreed in collective agreement , with a minimum limit of three months old.

Foreign workers may be electors and eligible when they meet the conditions referred to in paragraph 3. There may be candidates for the election of staff delegates and members of the Committee by the legally constituted unions or coalitions formed by two or more of them, which must have a denomination specific attributed its results to the coalition. Workers who support his candidacy with a number of signatures of electors from its very centre and College, in his case, equivalent of at least three times the number of posts to cover may also be submitted.

Article 70. Voting for delegates.

In the staff delegates election, each voter may give your vote to a maximum number of candidates equal to the posts to cover proclaimed candidates. They will be elected who obtain the highest number of votes. In the event of a tie, it will be chosen more seniority in the company worker.

Article 71. Choice for the Committee.

1. in companies of more than 50 workers, the Census of electors and eligible will be distributed in two schools, one composed by technicians and administrative workers specialists and unskilled.

By collective agreement, and depending on the professional composition of the sector of production activity or the company, may set a new school that fits this composition. In this case, the electoral rules of this title will adapt to that number of schools. The seats on the Board will be divided proportionally in each company according to the number of workers that are mentioned polling stations. If in the division are ratios with fractions, is awarded the unit fractional to the group to which correspond the fraction more high; If were equal, the award will be by draw.

(2. in them elections to members of the Committee of company the choice is will adjust to them following rules: to) each elector may give its vote to a single of them lists presented to them of the Committee that corresponds to your college. These lists must contain, as a minimum, as many names as posts to cover. However, the renouncement of any candidate presented in some of the lists for elections prior to the date of the vote does not imply the suspension of the electoral process or the cancellation of such candidacy even if it is incomplete, provided the affected list remains with a number of candidates, at least sixty per cent of the posts to cover. In each list should include the acronym of the Union or group of workers that it present.

(b) not will have right to the attribution of representatives in the Committee of company those lists that not have retrieved as minimum the five percent of the votes by each school.

Through the system of representation proportional is attributed to each list the number of posts that you corresponds, of conformity with the ratio that is of dividing the number of votes valid by the of posts to cover. If had put or posts surplus is attributed to the list or lists that have a greater rest of votes.

(c) within each list will be elected candidates by the order in which appear in the nomination.

3. the failure to comply with any of the above rules will determine the voidability of the election of the candidate or candidates affected.

Article 72. Representatives of those who provide services in permanent-intermittent work and not permanent workers.

1. those who provide services in permanent-intermittent work and bound by fixed-term contract workers will be represented by the bodies provided for in this title jointly with permanent workers of template.

2 therefore, for purposes of determining the number of representatives, shall apply to the following: to) who provide services in permanent-intermittent work and workers bound by more than one year fixed-term contract should be computed as workers fixed template.


(b) those contracted by term of until a year is computed according to the number of days worked in the period of a year previous to it call of the election. Each two hundred days worked or fraction will be calculated as one more worker.

Article 73. Electoral table.

1. in the company or workplace shall be a table for each school's two hundred and fifty workers voters or fraction.

2. the Bureau will be responsible for monitoring the entire electoral process, preside over the vote, make scrutiny, the corresponding record and resolve any claim arising.

3. the Bureau will consist of the President, who will be the employee's seniority in the company, and two vowels, which are older and younger voters. This last act of Secretary. Is shall designate alternates to those workers that continue to the holders of the table in the order indicated of antique or age.

4. None of the components of the table may be a candidate, and be, his Deputy will replace him therein.

5. every candidate or candidacy, in his case, may appoint an administrator by table. Also, the employer may designate a representative yours that attend to the vote and to the scrutiny.

Article 74. Features of the table.

1.Comunicado to the company for the purpose of elections, this, at the end of seven days, will give transfer of communication workers who should constitute the Bureau, as well as the representatives of workers, putting him simultaneously to the attention of the promoters.

The polling station will be formally, through Act granted to the effect, on the date fixed by the promoters in its communication for the purpose of holding elections, that will be the date of the initiation of the electoral process.

2 question of elections staff delegates, the employer, in the same term, shall refer to components of the polling station employment census, to be adjusted, to these effects, standard.

The polling station shall comply with the following functions: to) be made public between workers labor census indicating who are electors.

(b) it shall determine the number of representatives and the deadline for the submission of candidatures.

c) will receive and announce the nominations submitted.

(d) it shall state the date of voting.

(e) shall draw up the minutes of scrutiny in a term not superior to three days natural.

Deadlines for each of the acts will be identified by the criteria of reasonableness table and according to the circumstances, do so but, in any case, between its establishment and the date of the elections not mediated more than ten days.

In the case of elections in workplaces of up to thirty workers in which you choose a single delegate from staff, from the Constitution of the table until the acts of vote and proclamation of candidates elected will have twenty-four hours, in any case table do public in advance the time of holding of the vote. If any complaints had arisen shall be recorded in the minutes, as well as the decision taken by the Bureau.

3. when concerned members of the Works Council elections, constituted the electoral table shall ask entrepreneur labor Census and provide, with the means that you will have to facilitate this, the list of electors. This will be public bulletin boards by exposure during not less than seventy-two hours.

The table will solve any problem or complaint regarding inclusions, exclusions or corrections that occur up to twenty-four hours after the end of the period of exposure of the list. It will publish the final list within 24 hours. Then, the table, or the set of them, will determine the number of members of the Committee who shall be elected pursuant to the provisions of article 66.

The nominations will be presented during the nine days following the publication of the final list of electors. The proclamation will be in two working days after completed this period, published in referred planks. Against the proclamation agreement be claimed within the following working day, solving the table on the subsequent working day.

Between the vote and the proclamation of candidates they mediated at least five days.

Article 75. Vote for delegates and works councils.

1. the Act of voting will take place in the Centre or workplace and during working hours, taking into account the rules governing voting by mail.

The entrepreneur will facilitate accurate media for the normal development of the voting and the entire electoral process.

2. the voting will be free, secret, personal and direct, depositing ballots, which will be with the same characteristics, in closed polls in size, color, printing and paper quality.

3. immediately after held the vote, the table electoral will proceed publicly to the count of votes by the reading by the President, in voice high, of the ballots.

4. of the result of the scrutiny is rise act according to model standard in which is included the incidents and protests gotten in your case. A time drafted the Act will be signed by them components of the table, the Auditors and the representative of the entrepreneur, if it has. Act followed, the tables election of a same company or Center, in meeting joint, extend the Act of the result global of the vote.

5. the President of the table shall forward copies of the Act of scrutiny to the entrepreneur and to them Auditors of them nominations, as well as to the representatives elected.

The result of the vote is published in them planks of ads.

6. the original of the minutes, along with ballots for votes null or contested by the intervenors and the Act of Constitution of the table, will be presented in within three days to the public office of the labour authorities by the President of the Board, who may delegate in writing to any member of the Bureau. The public office of the labour authority shall be in the immediate business day publication in the bulletin boards of a copy of the certificate, by delivering a copy to unions who so request it and will transfer to company presentation in the public office of the Act corresponding to the electoral process that has taken place at that , with an indication of the date on which ends the deadline to challenge it and will keep the deposit of ballots to meet challenging deadlines. The public office dependent on the labour authorities, within ten business days after the publication, will proceed or not to the registration of the electoral proceedings.

7. corresponds to the office public dependent of it authority labor the registration of them records, as well as the expedition of copies authentic of them same and, to requirement of the Union interested, of them certifications accredited of its capacity representative to them effects of them articles 6 and 7 of the law organic 11 / 1985, of 2 of August, of freedom Union. Such certifications be entered if the Union has or not it condition of more representative or representative, unless the exercise of them functions or faculties corresponding requires the precision of the concrete representativeness held. Also, and to the effects that come, the office public dependent of the authority labor may extend certifications of them results electoral to them organizations Union that them request.

The denial of registration of a report by the public office of the labour authority only may be made in the case of proceedings which are not extended in the standardised official model, lack of communication from electoral Promotion Office public, lack of the signature of the President of the polling station or omission or illegibility in the records of any of the information that prevents the electoral computer.

In these alleged, it office public dependent of it authority labor will require, within the following day skillful, to the President of the table electoral so in the term of ten days working proceed to the troubleshooting corresponding. Said requirement will be communicated to those unions that have retrieved representation and to the rest of the nominations. A time made the correction, this office public will proceed to the registration of the Act electoral corresponding. Within such period without that was effected the rectification or not made this way, the office public dependent labour authority shall, within the period of ten working days, refuse to register, by communicating it to unions who have obtained representation and the Chairman of the Board. In the event that it refusal of the record is should to it absence of communication of it promotion electoral to it office public dependent of it authority labor not will fit requirement of remedies, by what, proven it lack by such office public, this will proceed without more pending to the refusal of the registration, communicating it to the President of it table electoral , to those unions that have retrieved representation and to the rest of the candidates.

The resolution refusal of the registration may be contested before the order judicial social.

Article 76. Claims in matters electoral.

1. challenges in electoral matters will be processed in accordance with the arbitral procedure regulated in this article, with the exception of the refusals of registration, whose claims may arise directly before the social courts.


2 all those who have a legitimate interest, including the company when there concur such interest, may challenge the election, decisions taken by the Bureau, as well as any other action of the same throughout the electoral process, based this on the existence of serious defects that might affect the electoral process guarantees and that alter your result in the lack of capacity or legitimacy of candidates elected, the discordance between the Act and the development of the electoral process and the lack of correlation between the number of workers that are contained in the elections Act and the number of elected representatives. Challenges to acts of the polling station will require completing claim within the working day following the event and shall be resolved by the Bureau on the subsequent working day, except as provided for in the last paragraph of the article 74.2.

3 will be arbitrators designated in accordance with the procedure which is regulated in this section, unless the parties of an arbitration procedure put agree on the designation of a different referee.

The arbitrator or arbitrators shall be appointed, in accordance with the principles of neutrality and professionalism among graduates in law, social graduates, as well as degree equivalent, by unanimous agreement of most representative trade unions at the State level or autonomous communities as appropriate and which holds 10% or more of the delegates and the members of the works councils at the provincial level functional or corresponding company. If there is unanimous agreement among unions, outlined above, the competent labour authority shall establish the form of designation, according to the principles of the impartiality of the arbitrators, possibility to be objected to and involvement of trade unions in his appointment.

The duration of the mandate of the arbitrators will be of five years, being susceptible of renewal.

It administration labor will facilitate the use of their media personal and materials by them referees in the measure necessary for these develop their functions.

4 referees must refrain and, failing that, be objected, in the following cases: to) have personal interest in the matter in question.

(b) be administrator of society or entity concerned, or have question litigation with any of the parties.

(c) have kinship of consanguinity within the fourth grade or of affinity within the second, with any of them interested, with them administrators of entities or societies interested and also with them advisers, representatives legal or leaders that intervene in the arbitration, as well as share Office Professional or be associated with these for the advice, the representation or the mandate.

((d) have friendship intimate or enmity manifest with any of the persons mentioned in the letter c).

(e) have service relationship with interested legal or natural person directly in the topic or have you lent in the past two years professional services of any kind and in any circumstance or venue.

5. the arbitral procedure will start by writing to the public office of the labour authority, who promoted the elections and, where appropriate, to those who have submitted candidate elections subject to challenge. This article, which shall contain the facts that are about to challenge, shall be submitted within a period of three working days counted from the following that in which they had produced the facts or resolved the complaint by the Bureau; for disputes promoted by trade unions which had not submitted nominations in the workplace which have had held the election, three days are counted from the day that the challengeable fact is known. If acts of the day of the vote objected or following it, the period shall be ten working days from the entrance of the proceedings in the public office of the labour authorities.

Until he finished the procedure of arbitration and, where appropriate, subsequent court challenge, will be paralyzed a new arbitration procedure. The approach of arbitration will interrupt the limitation periods.

6. the public office of the labour authority will transfer to referee the writing on the working day following receipt and a copy of the administrative electoral record. If PVS for registration had occurred, their processing will be suspended.

To them twenty-four hours following, the referee will convene to them parts interested to appear before it, what will be of have place in them three days working following. If the parties, before being brought before the appointed arbitrator in accordance with the provisions of paragraph 3, agree and designate a different, they shall notify it the public office of the labour authorities so that you transfer this arbitrator of electoral administrative record, continuing with the same the rest of the procedure.

The arbitrator, within the three days following the hearing and evidence from prior practice or comply with the law, which may include the representation in the workplace and the application of the necessary cooperation of the businessman and public administrations, will issue an award. The award will be written and reasoned, solving in law on challenges to the electoral process and, where appropriate, on the registration of the Act, and shall be notified to those involved and to the public office of the labour authorities. If you had contested the vote, the office shall proceed to the registration of the Act or its refusal, based on the content of the award.

The arbitral award may challenge before the social court order through the corresponding procedural modality.

Chapter II of the right of Assembly article 77. Assemblies of workers.

1. in accordance with the provisions of article 4, the workers of the enterprise or workplace are entitled to gather in Assembly.

The Assembly may be convened by delegates of personnel, the company or workplace Committee, or by a number of workers not less to thirty-three percent of the workforce. The Assembly shall be presided over, in any case, by the Works Council or staff delegates together, which will be responsible for the normal development of the same, as well as the presence in the Assembly of persons not belonging to the company. You can only be it issues listed previously included in the agenda. The Presidency shall inform the employer call for proposals and the names of persons not belonging to the company expected to attend the Assembly and agree with this action to avoid damages in the normal activity of the company.

2. when by working in shifts, by inadequacy of the premises or any other circumstance, cannot it be joined simultaneously all staff without prejudice to or alteration in the normal development of the production, the various partial meetings that have been held are considered one single and dated on the first day.

Article 78. Meeting place.

1 meeting place will be the focus of work, if the conditions of the permit, and the same will take place outside the hours of work, except by agreement with the employer.

2 the employer shall facilitate work for the Assembly Center, except in the following cases: to) if the provisions of this law are not met.

b) if they had less than two months since the last meeting.

(c) if still not have compensated or secure compensation for damage caused in alterations that occurred in any previous meeting.

(d) legal closure of the company.

The briefings on collective agreements that are applicable will not be affected by the provisions of point (b)).

Article 79. Call.

The call, with expression of the agenda proposed by the organizers, will communicate to the entrepreneur with forty-eight hours in advance, as a minimum, must this acknowledge.

Article 80. Votes.

When you submit to the Assembly by the conveners agreements affecting the whole of the workers, is required to the validity of those personal, free, direct and secret, including vote vote by mail, half plus one of the workers of the enterprise or workplace.

Article 81. Premises and bulletin board.

In enterprises or workplaces, permitting its characteristics, will be available to the staff or the Works Council delegates suitable premises in which to develop their activities and communicate with workers, as well as one or more message boards. The representation legal of them workers of the companies contractors and subcontractors that share of form continued Center of work may make use of such local in them terms that agreed with the company. Any discrepancies will be resolved by the labour authorities, prior report by the Inspectorate of labour and Social Security.

Title III of the collective bargaining and collective agreements chapter I General provisions section 1 nature and effects of article 82 conventions. Concept and effectiveness.


1. the collective agreements, as a result of the negotiation by representatives of workers and employers, constitute the expression of the agreement freely made by them pursuant to their collective autonomy.

2. through collective agreements, and in their corresponding field, workers and employers regulate conditions of work and productivity. Also may regulate the peace work through them obligations that is agreed.

3. them conventions collective regulated by this law obligated to all them entrepreneurs and workers included within its scope of application and during all the time of its validity.

Without limiting the foregoing, when majeure economic, technical, organizational or production, by agreement between the company and the workers representatives entitled to negotiate a collective agreement subject to the provisions of article 87.1, you can be, previous development of a period of consultation under the terms of article 41.4, indicates in the company of working conditions provided for in the applicable collective agreement (, is this of sector or of company, that affect to the following subjects: to) day of work.

(b) schedule and distribution of the time of work.

(c) regime of work to shift.

(d) system of remuneration and wage amount.

(e) performance work system.

(f) functions, when they exceed the limits foreseen by article 39 for functional mobility.

(g) voluntary improvements in the protective action of Social Security.

It is understood that economic causes attend when the results of the company comes off a bad economic situation, in cases such as the existence of current or expected losses, or the persistent decrease in their level of revenue or sales. In any case, means that the decline is persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than the one registered in the same quarter of the previous year.

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

Intervention as partners to the direction of the company in the consultation procedure shall be indicated subjects in the article 41.4, on order and conditions indicated in the same.

When the consultation period ends with agreement shall be presumed to concur the reasons referred to in the second paragraph, and can only be contested before the social courts by the existence of fraud, fraud, coercion or abuse of right in his conclusion. The agreement must accurately determine the new applicable working conditions in the enterprise and its duration, which may not be extended beyond the time where applicable a new Convention in this company. Derogating agreement may not give rise to the breach of the obligations set forth in the Convention concerning the Elimination of discrimination on grounds of gender or that were planned, where appropriate, in the applicable equity in the company plan. In addition, the agreement shall be notified to the Joint Commission of the collective agreement.

In case of disagreement during the consultation period the discrepancy either party may refer to the Committee on the Convention, which will have a maximum period of seven days to pronounce, to count since the discrepancy was raised you. When had not sought the intervention of the Commission or this would have not reached an agreement, the parties must resort to procedures that have been established in State or regional level inter-professional agreements, referred to in article 83, to effectively solve the discrepancies arising in the negotiation of agreements referred to in this section including the prior commitment to submit disagreements to binding arbitration, in which case the arbitration award will have the same effectiveness as the agreements on consultation and only be appealed in accordance with the procedure and on the basis of the reasons set out in article 91.

When the consultation period ends without an agreement and were not applicable to procedures that referred to in the preceding paragraph or these had not solved the discrepancy, either of the parties you can submit the same solution to the National Advisory Commission on collective agreements when the failure of the working conditions affect the work centres located in the territory of more than one autonomous community , or to the relevant bodies of the autonomous communities in other cases. The decision of these bodies, which may be adopted within its own ranks or by an arbitrator designated by themselves with appropriate safeguards to ensure their impartiality, shall be held in period not exceeding twenty-five days counting from the date of submission of the dispute to such bodies. Such decision will be the effectiveness of the agreements reached in consultation and will only be appealed in accordance with the procedure and on the basis of the reasons set out in article 91.

The result of the proceedings referred to in previous paragraphs which finished with the failure of working conditions must be reported to the labour authority for the sole purpose of deposit.

4. the collective agreement which happens to an earlier one may have on the rights recognized in that. In said assumption will be entirely regulated in the new Convention.

Article 83. Bargaining units.

1. the collective agreements will have the scope agreed by the parties.

2. the trade unions and business associations most representative, State or autonomous community, may establish through inter-professional agreements, clauses on the structure of collective bargaining, setting, if any, rules that resolve concurrency conflicts between conventions of different scope.

These clauses may also agree in agreements or sectoral collective agreements, State or regional level, of those trade unions and business associations that have the necessary legitimation, in accordance with the provisions of this law.

3 such organizations of workers and employers may also draw up agreements on specific subjects. These agreements, as well as the inter-trade agreements referred to in paragraph 2, have the treatment of this law for collective agreements.

Article 84. Concurrency.

1. a Convention collective, during its validity, not may be affected by it provisions in conventions of field different except Pact in contrary, negotiated according to it willing in the article 83.2, and except it planned in the paragraph following.

(2. it regulation of them conditions established in a Convention of company, that may negotiate is in any time of it force of conventions collective of field top, will have priority applicative. with regard to the Convention sectoral State, autonomic or of field lower in them following materials: to) the amount of the wage base and of them complements wage, included them linked to it situation and results of the company.

(b) the fertilizer or the compensation of them hours extraordinary and the retribution specific of the work to shift.

(c) the timetable and the distribution of working time, the regime of work shifts and annual vacation planning.

(d) the adaptation to the level of the undertaking of the workers professional qualification system.

(e) adaptation of aspects of modalities of engagement that are attributed by this law to the conventions of company.

(f) measures to facilitate the reconciliation between work, family and personal life.

(g) those others that have agreements and collective agreements referred to in article 83.2.

Equal priority application will have collective agreements for a group of companies or a plurality of intercompany for organizational or productive, and namely identified reasons referred to in article 87.1 in these matters.

Agreements and collective agreements referred to in article 83.2 may not provide the application priority under this paragraph.

3 unless otherwise negotiated according to article 83.2, unions and associations business to which they fulfil the requirements of legitimacy of articles 87 and 88 may, in the context of an autonomous community, negotiate agreements or arrangements relating to provisions of the State-level whenever the decision get the support of majorities required to constitute the Negotiating Committee in the relevant bargaining unit.

4. in the case referred to in the preceding paragraph and except that proves a different regime established by agreement or collective agreement negotiated according to article 83.2 State-level application, shall be deemed materials non-negotiable within the scope of an autonomous community probation, modalities of engagement, professional classification, maximum annual working time , the disciplinary system, the minimum standards in the field of occupational and geographical mobility.


Article 85. Content.

1. inside of the respect for the law, collective agreements can regulate matters of economic, labor, Trade Union and, in general, how many others affect conditions of employment and the scope of relations of workers and their organizations representing employers and business associations, including procedures to resolve the discrepancies that emerged in the consultation periods provided for in articles 40 , 41, 47 and 51; them awards arbitration that to these effects can dictate is will have the same efficiency and processing that them agreements in the period of consultations, being susceptible of challenge in them same terms that them awards dictated for the solution of them dispute derived of it application of them conventions.

Without prejudice of it freedom of them parts for determine the content of them conventions collective, in the negotiation of them same will exist, in all case, the duty of negotiate measures directed to promote the equality of try and of opportunities between women and men in the field labor or, in your case, plans of equality with the scope and content planned in the chapter III of the title IV of the law organic 3 / 2007 , March 22, for the effective equality of women and men.

2 by collective bargaining are may articulate procedures of information and monitoring of objective dismissals, in the corresponding field.

Also, without prejudice to the freedom of contract that recognizes the parties, through collective bargaining will be articulated the duty to negotiate plans at companies of more than two hundred and fifty workers in the following way: to) in enterprise level collective agreements, the duty to negotiate will be formalized within the framework of the negotiation of such agreements.

(b) in higher at the company level collective agreements, the duty to negotiate will be formalized through collective bargaining in the company under the terms and conditions that had been established in the indicated conventions to fulfill this duty of negotiating through the appropriate rules of complementarity.

3 without prejudice to the freedom of contract referred to in the preceding paragraphs, the collective agreements have express contained at least the following: a) determination of the parts that make them.

(b) personal, functional, territorial and temporal scope.

(c) procedures to resolve effectively any discrepancies that may arise for the non-application of the conditions of work referred to in article 82.3, adapting, if necessary, the procedures established in this regard in the inter-trade agreements of State or autonomous area in accordance with the provisions of this article.

d) form and conditions of denunciation of the Convention, as well as minimum term for such a report before the end of its term.

(e) appointment of a joint Commission of the representation of the negotiating parties to understand those issues set forth in the law and many others assigned to it, as well as establishment of procedures and terms of this Commission, including the submission of discrepancies in her womb to non judicial systems of dispute settlement established by the inter-branch regional or State level agreements provided for in article 83.

Article 86. Entry into force.

1 corresponds to the negotiating parties establish the duration of the agreements, and may eventually agreed different periods of validity for each subject or homogeneous group of materials within the Convention itself.

During the term of the collective agreement, the subjects who meet the Standing requirements provided for in articles 87 and 88 may negotiate its revision.

2. unless otherwise agreed, the collective agreements if not mediate expressed denunciation of the Parties shall be extended from year to year.

3. the term of a collective agreement, once denounced and concluded the agreed duration, occurs in the terms that had been established in the Convention itself.

During the negotiations for the renewal of a collective agreement, in the absence of agreement, will remain in force, although the clauses that would have waived a strike during the term of an agreement will fall from his complaint. Partial agreements for the modification of one or several of its contents carried over may be taken by the parties in order to adapt them to the conditions under which, after the completion of the agreed term, activity develops in the sector or in the company. These agreements shall be the effective governing parties.

Through inter-professional agreements of State or regional level, provided for in article 83, general and direct application procedures must be established to solve effectively the existing discrepancies after the course of bargaining without reaching an agreement, including the prior commitment to submit disagreements to arbitration, in which case the arbitration award will have the same legal effectiveness as collective agreements and only may be appealed in accordance with the procedure and based on the reasons set out in article 91. These inter-trade agreements shall specify the criteria and procedures of development of arbitration, expressed in particular in the case of impossibility of agreement in the bosom of the Negotiating Committee, mandatory or voluntary submission to the arbitration by the parties; in the absence of specific agreement on the compulsory or voluntary nature of the submission to the arbitration procedure, means that arbitration is mandatory.

One year elapsed since the denunciation of the collective agreement unless it has agreed a new Convention or an arbitral award, he voided, unless otherwise agreed, and shall apply, if any, the collective agreement of a higher level than outside application.

4. the Convention that happens to one previous repeals in its integrity to this last, except those aspects that expressly is maintained.

Section 2 legitimating article 87. Legitimation.

1. on behalf of the workers will be entitled to negotiate agreements of company and lower field, the Works Council, delegates of personnel, where appropriate, or the unions if any that, taken together, add the majority of the members of the Committee.

Intervention in bargaining will correspond to the Trade Union sections when they so agree, provided that they join the majority of the members of the Works Council or staff delegates.

In the case of agreements for a group of companies, as well as in agreements involving a plurality of enterprises linked by organizational or production reasons and namely identified in its scope, the authority to negotiate on behalf of workers will be which is established in paragraph 2 for the negotiation of sectoral agreements.

Conventions aimed at a group of workers with specific professional profile, they will be entitled to negotiate the Trade Union sections that have been designated by their constituents through personal, free, direct and secret ballot.

2 in the sectorial agreements will be authorized to negotiate on behalf of workers: to) trade unions which have the consideration of more representative at the State level, as well as, in their respective fields, trade union organizations affiliated, Federated or Confederate to them.

(b) the trade unions which have the consideration of more representative at the level of autonomous community respect of conventions that do not transcend the territorial scope, as well as in their respective fields, trade union organizations affiliated, Federated or Confederate to them.

(c) trade unions that have a minimum of ten percent of the members of the works councils or staff delegates in the geographical and functional area to which the agreement relates.

3 on behalf of employers will be entitled to negotiate: to) in the lower area, or company conventions the own entrepreneur.

(b) in the conventions of Group of companies and which affect a plurality of enterprises linked by organizational or production reasons and namely identified in its scope, the representation of such companies.

(c) in the sectoral collective agreements, business associations that in the field of geographical and functional Convention have ten percent of the entrepreneurs, within the meaning of article 1(2), and provided that these give occupation as percentage of the workers concerned, as well as business associations that in this field give occupation to fifteen per cent of the workers concerned.

In those sectors in which not exist associations business that have with it sufficient representativeness, according to it planned in the paragraph earlier, will be legitimized to negotiate them corresponding conventions collective of sector them associations business of field state that have with the ten percent or more than them companies or workers in the field State, as well as them associations business of community autonomous that have in this with a minimum of the fifteen percent of them companies or workers.


4 also will be entitled to the State level conventions unions of autonomous community that have the consideration of more representative as provided for in article 7.1 of the organic law 11/1985, 2 of August, freedom of Association, and the associations of the region who meet the requirements set out in the sixth of this law additional provision.

5. all Trade Union, Federation or Confederation, and all business association that fulfils the requirement of legitimacy, is entitled to be part of the Negotiating Committee.

Article 88. Negotiating Committee.

1. cast members with voice and vote in the Negotiating Committee shall be carried out with respect for the right of all the legitimate according to the preceding article and in proportion to their representation.

2. the Negotiating Committee shall be quorate when unions, federations or confederations and business associations referred to in the previous article as a minimum, respectively, represent an absolute majority of the members of the works councils and staff delegates, in his case, and entrepreneurs occupying the majority of the employees affected by the Convention.

In those sectors in which there are no bodies representing workers, the Negotiating Committee shall validly constituted when it is integrated by the trade unions who have the status of more representative at the State level or autonomous community.

In those sectors in which there are no associations that have sufficient representativeness, shall be validly constituted the Negotiating Committee when it is integrated by the State or regional business organizations referred to in the second subparagraph of article 87.3. c).

In the cases referred to in the preceding two paragraphs, the distribution of the members of the Negotiating Committee shall be made in proportion to representation who have business or trade union organizations within the territorial scope of the negotiations.

3. the designation of members of the Commission shall be responsible for negotiating parties, who by mutual agreement may appoint a President and assistance in the deliberations of advisers, involved, as well as the President, with voice but without vote.

4. in sectoral agreements on behalf of each party membership shall not exceed fifteen. In the rest of the conventions the number thirteen will not be overcome.

5. If the Negotiating Committee chose the non-election of a President, parties must be entered in the minutes of the constituent meeting of the Committee procedures to be used to moderate the sessions and you must sign the minutes that correspond to a representative of each of them, together with the Secretary.

Chapter II procedure section 1st processing, application and interpretation article 89. Processing.

1. representation of them workers, or of them entrepreneurs, that promotes the negotiation, it communicated to it another part, expressing in detail in the communication, that must do is by written, the legitimation that holds of conformity with them articles earlier, them areas of the Convention and them materials object of negotiation. In the so-called of that the promotion is the result of it denounces of a Convention collective force, the communication must make is simultaneously with the Act of it denounces. This communication copy, for the purpose of registration, will be sent to the corresponding labor authority according to the territorial scope of the Convention.

The part receiving of the communication only may deny is to the initiation of the negotiations by cause legal or conventionally established, or when not is try of review a Convention already expired, without prejudice of it established in them articles 83 and 84; in any case you must reply by written and approval.

Both parties will be forced to negotiate under the principle of the good faith.

In the event that there is violence, both persons and goods and both parties to check its existence, shall be suspended immediately negotiation underway until the disappearance of the one.

2. within a maximum period of one month from the receipt of the communication, shall constitute the Negotiating Committee; the recipient of the communication shall respond to the proposal of negotiations and both parties shall establish a timetable or negotiating plan.

3. the agreements of the Commission will require, in any case, the vote of the majority of each of the two representations.

4. at any point in the deliberations, the parties may agree the intervention of a mediator appointed by them.

Article 90. Validity.

1. them conventions collective to is concerned this law have of formalize is by written, under sanction of nullity.

2. agreements shall be submitted to the competent labour authority, for the sole purpose of registration within a period of fifteen days from the time at which the negotiating parties sign it. A time registered, the Convention will be submitted to the body public competent for your deposit.

3. within a maximum period of twenty days from the presentation of the agreement to the registry will be available free and compulsory publication in the «Official Gazette» or in the corresponding official Gazette of the autonomous community or province, according to the territorial scope of the Convention by the labour authority.

4. the Convention shall enter into force on the date when agreed by the parties.

5 If the labour authority deems that any Convention violates the law or seriously harms the interest of third parties, shall ex officio to the social jurisdiction, which shall decide on any deficiencies after hearing the parties, in accordance with what is established in law 36/2011, on 10 October, regulator of the Social jurisdiction.

6. without prejudice to the provisions of the preceding paragraph, the labour authorities shall ensure respect for the principle of equality in collective agreements which may contain discrimination, direct or indirect, on grounds of sex.

For this purpose, be sought the advice of the Institute of women and equal opportunity or equality of the autonomous bodies, as appropriate for its territorial scope. When the labour authority has addressed to the social jurisdiction because they understand that the collective agreement might contain discriminatory provisions, he shall inform the Institute of women and for equality of opportunities or the equality bodies of the autonomous communities, according to its territorial scope, without prejudice to provisions of article 95.3 of the law 36/2011 , 10 October, regulating the Social jurisdiction.

Article 91. Application and interpretation of the collective agreement.

1. without prejudice to the powers legally conferred on the social jurisdiction, knowledge and resolution of issues arising from the application and interpretation of collective agreements shall be the Joint Committee thereof.

2. Notwithstanding the provisions in the preceding paragraph, in collective agreements and the agreements referred to in article 83.2 and 3, may be procedures, such as mediation and arbitration, for the settlement of collective disputes arising from the application and interpretation of collective agreements. The agreement reached through the mediation and the arbitration award will have the same legal validity and processing that collective agreements regulated by this law, provided that those who had adopted the agreement or signed the arbitral commitment have the legitimacy that allows them to agree, within the scope of the conflict, a collective agreement subject to the provisions of articles 87 88 and 89.

These agreements and awards will be subject to challenge on the grounds and under the procedures provided for collective agreements. Specifically will fit the resource against the award arbitration in the event of not is had observed in the development of the action arbitration them requirements and formalities established to the effect, or when the award had determined on points not subject to its decision.

3. in them alleged of conflict collective relative to the interpretation or application of the Convention shall intervene the Commission joint of the same with character prior to the approach formal of the conflict in the field of them procedures not judicial to is concerns the paragraph previous or before the organ judicial competent.

4. the resolutions of the Commission joint on interpretation or application of the Convention will have the same effectiveness legal and processing that them conventions collective regulated in this law.

5. procedures for the settlement of disputes referred to in this article shall also, of implementation of individual disputes, when the parties expressly submit to them.

Section 2 membership and extension article 92. Accession and extension.

1. respective bargaining, entitled parties to negotiate units may adhere, by mutual agreement, all of a collective agreement in force, provided that they were not affected on the other, to the competent labour authority for the purpose of registration.


2. the Ministry of employment and Social Security, or the relevant body of the autonomous regions with competence in the matter, may extend, with the effects provided for in article 82.3, the provisions of a collective agreement in force to a plurality of enterprises and workers or a sector or sub-sector of activity, for damages arising for the same inability to subscribe in the field a collective of those provided for in this title III due to the absence of parts legitimised to do so.

The decision of extension shall be taken always upon request and through the proceedings to be determined by regulation, whose duration shall not exceed three months, taking the absence of express resolution by the deadline the application rejected effects.

They will be able to start the procedure of extension who are entitled to promote collective bargaining in the field concerned in accordance with article 87.2 and 3.

First additional provision. Self-employment.

The work done by its own account shall not be subject to the labour law, except in those aspects that are available specifically for legal precept.

Second additional provision. Contracts for the training and the learning.

1 the limit of age and duration for contracts for training and learning in the letters a) and b) of article 11.2 will not apply when they sign-up in the framework of the public employment and training programs referred to in the revised text of the law on employment.

Also, in these contracts them situations of disability temporary, risk during the pregnancy, maternity, adoption, keeps with purposes of adoption, foster care, risk during the lactation and paternity not disrupt the computation of the duration of the contract.

(2 the protective action of Social Security in contracts signed with students working in schools workshop, houses offices and workshops of employment programs training and learning, will understand the same contingencies, yielded situations and benefits than for the rest of workers hired under this modality, as they establish the article 11.2. h) and the text of the General Social Security Act , with the exception of unemployment.

Provision additional third. Collective bargaining and fixed contract of work.

Provisions of article 15(1)(a). to) and 5 and in article 49.1. c) is understood notwithstanding what is established or it can be established on the regulation of fixed contract work, including severance pay termination, collective bargaining in accordance with the third additional provision of law 32/2006, of 18 October, regulating the subcontracting in the construction industry.

Fourth additional provision. Compensation concepts.

The changes introduced by the law 11/1994 of 19 may, which amending certain articles of the Statute of workers, and articulated text of the law of labour procedure and the law on offences and sanctions in the Social order, in the legal regulation of wages will not affect the retributive concepts that workers had recognized until June 12, 1994 that will remain in the same terms that they live at that point until a salary regime involving the disappearance or modification of these concepts is established by collective agreement.

Fifth additional provision. Senior management staff.

The remuneration of senior management staff shall enjoy salary guarantees laid down in the articles 27.2, 29, 32 and 33.

Sixth additional provision. Institutional representation of the entrepreneurs.

Purposes of flaunting institutional representation in defence of the general interests of employers before the public administrations and other entities or State or autonomous community bodies having it planned, means that they enjoy this representative capacity business associations that have with ten percent or more of the companies and workers at the State level.

In addition, may also be represented business associations of autonomous community that meet a minimum of fifteen percent of employers and employees in this. Business associations that are integrated in federations or confederations of State-level are not covered in this course.

Business organizations having status more representative pursuant to this additional provision shall have capacity to obtain temporary transfers of the use of public property property on terms that are established legally.

Seventh additional provision. Regulation of conditions by branch of activity.

The regulation of conditions of work by branch of activity for them sectors economic of it production and demarcations territorial in that not exist Convention collective may perform is by the Government, to proposal of the Ministry of employment and security Social, previous them consultations that consider appropriate to them associations business and organizations Union, without prejudice of it willing in the article 92 , that will be always procedure priority.

The eighth additional provision. Code of work.

The Government, on the proposal of the Ministry of employment and Social Security, collected in a single text called the labour code, the various organic and ordinary laws which, together with the present, regulate the labour matters, sorting them into separate titles, one by law, with correlative, fully respecting its literal text.

Also will join next and periodically the labour code all labour General provisions by the procedure established by the Government in terms of the technique of incorporation according to the range of the built-in rules.

Ninth additional provision. National Advisory Committee on collective agreements.

(1. National Advisory Committee of collective agreements, as a collegiate body attached to the Ministry of employment and Social security through the Directorate-General of employment, of tripartite and joint character and composed of representatives of the General Administration of the State, as well as the most representative trade unions and business organizations, will have the following functions: to) the advice and consultation about the functional scope of collective agreements and the application to an enterprise collective agreement as well as consultation in the event of extension of a collective agreement regulated in article 92.

(b) the study, information and preparation of documentation on collective bargaining as well as the dissemination of the same through the collective negotiation Observatory.

(c) the intervention procedures of discrepancies in cases of disagreement in the consultation period for the non-application of the conditions of work laid down in collective agreements in accordance with article 82.3.

2. regulations is shall establish the composition and organization of the Commission Advisory national of conventions collective, as well as their procedures of performance.

3. the functioning and decisions of the National Advisory Committee on collective agreements means always without prejudice to the powers corresponding to the jurisdiction and the labor authority in the terms established by law.

4. for the development of the functions set out in this Act, the National Advisory Committee on collective agreements will be strengthened in their actions by the Directorate-General of employment according to the support measures established in regulatory development rules, after consultation with the most representative trade unions and business organizations.

5. If any autonomous community had not constituted and in operation a tripartite body equivalent to the National Advisory Committee of collective agreements nor maintain collaboration agreement in force with the Ministry of employment and Social Security according to the performance of the Commission in the territory of the community, the National Advisory Committee on collective agreements may, secondarily and so do not constitute and are operating these tripartite bodies equivalent meet requests presented by the legal representatives of the workers and the companies to resolve discrepancies that have arisen due to lack of agreement on the non-application of the working conditions, present in the collective agreement implementation, where such application affects the work centres located in the territory of the autonomous community.

Tenth additional provision. Clauses of the collective agreements relating to compliance with the ordinary age of retirement.

Shall be deemed null and void clauses of collective agreements which the extinction of the employment contract by the fulfilment by the worker of the ordinary age of retirement set the regulations for Social Security, either that is the extent and scope of these clauses.

Eleventh additional provision. Accreditation of the representative of the trade union organizations capacity.


For the purpose of issuance of the accredited certificates of the capacity of representative of the trade union organizations at State level envisaged in article 75.7, the autonomous communities shall send monthly copy of the PVS registered at the State Office of public.

Twelfth additional provision. Notices.

The Government will reduce the minimum period of notice of one month provided in the second subparagraph of article 67.1, in sectors with high staff mobility, after consultation with the trade union organizations that have, at least, ten per cent of the representatives of the workers, in that functional area and business associations that have with ten per cent of employers and of workers affected by the same functional area.

Thirteenth additional provision. Non-judicial settlement of disputes.

In the course of that not yet having been agreed upon in the collective bargaining agreement a procedure to resolve discrepancies in periods of consultation, has been established, in accordance with article 83, organs or non-judicial procedures for resolving disputes in the corresponding territorial area, who are parties to such periods of consultation may submit agreed their dispute to such bodies.

Fourteenth additional provision. Consideration of victims of terrorism for working purposes.

They are included for the purposes of the articles 37.8 and 40.4 people refer to which articles 5 and 33 of the Act 29/2011, September 22, recognition and protection to the victims of terrorism.

Fifteenth additional provision. Application of the limits of duration of the contract by work or service certain and to the chaining of contracts in the administrations public.

(1.Lo willing in the article 15.1. to) in matter of duration maximum of the contract by work or service certain and in the article 15.5 on limits to the chaining of contracts shall take effects in the field of them administrations public and their agencies public linked or dependent, without prejudice of the application of those principles constitutional of equality, merit and capacity in the access to the employment public , by what shall not preclude the obligation to proceed to the coverage of the jobs concerned through the ordinary procedures, in accordance with the applicable regulations.

In compliance of this forecast, the worker will continue playing the since came occupying until is appropriate to their coverage by them procedures before indicated, time in which is will produce the extinction of the relationship labor, unless the mentioned worker access to an employment public, surpassing the corresponding process selective.

(2. However it planned in the paragraph previous, it willing in the article 15.1. to) in matter of duration maximum of the contract by work or service certain not will be of application to them contracts concluded by them administrations public and its organisms public linked or dependent, nor to them modalities particular of contract of work referred in the law organic 6 / 2001 , of 21 of December, from universities or in any other standards with range of law when are linked to a project specific of research or of investment of duration superior to three years.

3. for the application of the limit to the chain of contracts provided for in article 15.5, contracts entered into in the field of public administration unless part of them, to these effects, public bodies, agencies and other entities of public law with its own legal personality linked or dependent on them only be taken into account. In any case, the provisions of this article 15.5 shall not apply with respect to the particular procedures of employment contract envisaged in organic law 6/2001, of 21 December, on universities or any other rules of legal rank.

Sixteenth additional provision. Application for dismissal due to economic, technical, organizational or production in the public sector.

The dismissal due to economic, technical, organizational or production of the workforce in the service of the authorities, agencies and entities that form part of the public sector in accordance with article 3.1 of the text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, November 14, shall be carried out pursuant to articles 51 and 52.c) of this law and its implementing rules and the framework of the preventive and corrective mechanisms regulated in the rules of budgetary stability and financial sustainability of the public administrations.

Effects of the causes of these dismissals in the public administrations, understanding as such, entities, agencies, and entities referred to in article 3.2 of the revised text of the law of contracts in the Public Sector, means that economic causes attend when a situation of budgetary failure sudden and persistent for the financing of public services in the same. In all case, is means that the failure budget is persistent if it produces during three quarters consecutive. Means that technical errors concur when, among others, in the field of the means or instruments for the provision of the public service concerned and organizational causes, changes when changes, among others, in the field of systems and methods of work of the staff assigned to the public service.

Will have priority of permanence the personal labor fixed that had acquired this condition, in accordance with them principles of equality, merit and capacity, through a procedure selective of income convened to the effect, when so it established them entities, agencies and entities that is concerns the paragraph previous.

Seventeenth additional provision. Suspension of the contract of work and reduction in working hours in the public administrations.

As provided for in article 47 shall not apply to public authorities and related public law entities or subsidiaries of one or more of them and of other public bodies, except those that are funded mainly with proceeds as a counterpart of operations carried out in the market.

Eighteenth additional provision. Discrepancies in respect of conciliation.

Any discrepancies that may arise between employers and employees in relation to the exercise of personal, family and work-life balance rights recognized legally or conventionally will be resolved by the social jurisdiction through the procedure laid down in article 139 of the law 36-2011, of 10 October, regulating the Social jurisdiction.

Provision additional nineteenth. Calculation of compensation in certain cases of reduced day.

1. in the event of reduction in working hours referred to in article 37.5, 6 and 8, the salary taken into account for the purposes of the calculation of the benefit provided for in this law shall be which would have corresponded to the worker without considering the reduction in working hours performed, provided had not passed the maximum legally established for this reduction.

2. Likewise, it shall apply the previous subparagraph in the case of a part-time exercise of rights as provided for in the third subparagraph of article 48.6 and the fourth paragraph of article 48.7.

Twenty additional provision. Training contracts with workers with disabilities.

1. companies that held contracts in practices with employees with disabilities are entitled to a reduction, during the term of the contract, of fifty percent of the business corresponding to common contingencies Social Security fee.

2. companies that held contracts for training and learning with workers with disabilities are entitled to a reduction of 50% in Corporate Social Security fees for contracts for training and learning.

3 will continue to be of application to contracts for training and learning held with employees with disabilities who work in special employment centres the peculiarities that for such contracts is foreseen in article 7 of the Royal Decree 1368 / 1985 of 17 July, which regulates the employment relationship of the special character of disabled people who work in special employment centres.

Additional provision twenty-first. Replacement of workers surplus to care for family members.

Contracts for the interim concluded with beneficiaries of benefits for unemployment benefits, contributory or welfare, which take more than one year as recipients, to replace workers who are on the leave referred to in article 46.3, will give right to a reduction in corporate contributions to Social Security for common contingencies in the amounts specified below (: a) ninety -five per cent during the first year of leave of absence of the worker who is replaced.

b) Sixty per cent during the second year of absence of the worker who is replaced.

c) fifty per cent during the third year of absence of the worker who is replaced.


The above benefits will not apply to contracts relating to the spouse, ascendants, descendants and other relatives by consanguinity or affinity, up to the second degree inclusive, of the employer or of those who hold leadership positions or are members of the governing bodies of companies that shall take the legal form of society and which occur with the latter.

(The hires made to the amparo of it established in this provision is governed by it willing in the article 15.1. c) of this law and its standards of development.

First transitional provision. Contracts concluded before the entry into force of this law.

They will continue to be applicable to the contracts concluded before the entry into force of this law the specific rules applicable to each of the contractual arrangements which were in force at the time that such contracts were concluded, unless something else is legally established.

Second transitional provision. Contracts for training and learning.

1 until the unemployment rate in our country is below 15 percent may be made contracts for training and learning with workers under thirty years of age without the application of the maximum age limit established in paragraph first of article 11.2. to).

2. references made in the provisions of laws, regulations or collective agreements to the contract for the training to be understood made, as of August 31, 2011, the contract for training and learning referred to in article 11.2 to the extent that does not oppose or contradict provisions of the same.

Third transitional provision. Part-time contracts by partial retirement and relief and retirement age.

For the purposes of provisions of articles 12.6-7, ages provided for in the revised text of the General Social Security Act shall be taken into account.

Fourth transitional provision. Collective bargaining and contractual arrangements.

Provisions of article 15(1)(a). to) in terms of the maximum duration of the contract is understood without prejudice to what was laid down in the sectoral collective agreements in force to 19 of September 2010 on the maximum duration of the contract for certain work or service.

Available to transient fifth. Limitation of the chain of contractual arrangements.

1.Lo provided for in article 15.5 shall apply to contracts of employment entered into as of June 18, 2010.

2. with regard to the contracts signed by the worker prior to June 18, 2010, will remain of application, for the purposes of the computation of the number of contracts, set out in article 15.5 according to the wording given to it by law 43/2006, of 29 December, for the improvement of growth and employment, provided that the contract had been carried out as of June 15, 2006.

Concerning them contracts signed by the worker before 15 of June of 2006, to the effects of the computation of the number of contracts, of the period and of the term planned in the cited article 15.5, is will take in consideration the existing to 15 of June of 2006.

3. to them effects of it established in the article 15.5, will be excluded from the computation of the term of twenty-four months and of the period of thirty months to is concerns the cited article the time elapsed between the 31 of August of 2011 and the 31 of December of 2012, has existed or not provision of services by the worker between these dates Computing in any case for the purposes indicated in that article after service periods, respectively, with prior or subsequent to the same.

Sixth transitional provision. Hours additional.

He regime of hours complementary agreed with prior to the 22 of December of 2013 will continue being of application in them contracts force to this date, unless them parts agree modify it in them terms established in the current drafting of them paragraphs 4 and 5 of the article 12.

Available to transient seventh. Duration of paternity leave in case of birth, adoption, save for the purpose of adoption or foster care until the entry into force of the Act 9/2009, of 6 October.

So, enters into force the law 9/2009, of 6 October, extension of the duration of paternity leave in case of birth, adoption, or foster, the duration of paternity leave referred to in the first paragraph of article 48.7 will be thirteen expandable uninterrupted days in cases of childbirth, adoption, guardian for the purpose of adoption or foster care multiple in two days for each child from the second.

In accordance with the sixth additional provision of law 2/2008 of 23 December, the State budget for 2009, the permit will last for twenty days when the new birth, adoption, guardian for the purpose of adoption or foster care occurs in a large family, when the family acquires this condition with the new birth, adoption, keeps for the purpose of adoption or foster care or when in the family has a person with a disability. Indicated duration will be extended in the event of childbirth, adoption, guardian for the purpose of adoption or foster care multiple in two days for each child or minor starting with the second, or if one of them is a person with a disability.

Eighth transitory provision. Temporary contract termination severance.

(1. indemnity provided at the end of the temporary contract established in article 49.1. c) will be applied gradually in accordance with the following schedule: eight days of salary for each year of service for temporary contracts until December 31, 2011.

Nine days of salary for each year of service for temporary contracts as of January 1, 2012.

Ten days of salary for each year of service for temporary contracts concluded after 1 January 2013.

Eleven days of salary for each year of service for temporary contracts from 1 January 2014.

12 days salary for each year of service for temporary contracts concluded after 1 January 2015.

2 compensation for termination of the contract which referred to the cited article 49.1. c) shall not apply to the extinction of contracts entered into prior to March 4, 2001, any that is the date of extinction.

Ninth transitional provision. Transitional rules in relation to the provisions of collective agreements concerning compliance with the ordinary age of retirement.

1.Lo established in the tenth additional provision shall apply to collective agreements signed as of July 8, 2012.

2 additional tenth this provision shall apply to collective agreements signed prior to the July 8, 2012 in the following terms: to) where completion of the agreed initial term of these conventions occurs after July 8, 2012, the implementation will occur from the date of the above-mentioned completion.

(b) when the completion of the agreed initial term of these conventions had occurred before the July 8, 2012, the implementation will occur from this last date.

Tenth transitional provision. Regime applicable to records of employment regulation initiated under the previous regulations.

1 records of employment regulation for the termination or suspension of contracts for trabajoo to the reduction in working hours that were in the pipeline to 12 February 2012 shall be governed by the regulations in force at the time of its inception.

2 records of employment regulation for the termination or suspension of employment contracts or the reduction in working hours determined by the labour authority and effect when applied to February 12, 2012 shall be governed by the laws in force when he was issued the resolution of the file.

Eleventh transitional provision. Compensation for unfair dismissal.

1. severance pay provided for in article 56.1 shall apply to contracts signed as of February 12, 2012.

2. compensation for wrongful dismissal of contracts concluded prior to the February 12, 2012 shall be calculated at the rate of forty-five days of salary per year of service by the time of provision of services prior to that date, prorating for months the time periods less than one year, and at the rate of thirty-three days of salary per year of service by the time of provision of services later prorating also by months of time periods less than one year. The resulting compensation amount shall not exceed seven hundred twenty days of salary, unless the calculation of compensation for the period prior to February 12, 2012 is a higher number of days, in which case will apply this as a maximum compensation amount, without that this amount can be greater than forty-two monthly payments, in any case.

3. for the purposes of compensation for extinction due to objective causes, contracts for encouraging indefinite hiring entered into prior to February 12, 2012 will continue to be governed by the legislation under which they were concluded.

In the case of disciplinary dismissal, compensation for dismissal shall be calculated pursuant to paragraph 2.

Twelfth transitional provision. Wages processing.


Provisions of article 56.5 shall apply to records of claim to the status of wages of processing which had not relapsed judgment of dismissal of July 15, 2012.

Available end first. Skill-related title.

This law is issued in accordance with article 149.1.7. ª of the Spanish Constitution, which attributes to the State exclusive competence in labour legislation without prejudice to its execution by the bodies of the autonomous communities.

Available to finish second. Development regulation.

1. the Government shall adopt provisions that are specific to the development of this law.

2. the Government, previous consultations it deems appropriate to the business associations and trade unions, shall adopt the necessary rules for the application of title II in those companies belonging to sectors of activity in which the number of non-permanent workers or workers under eighteen years of age, is relevant as well as to the collective in which by the nature of its activities, will cause permanent mobility, a marked dispersion or about displacement of town, linked to the normal exercise of their activities, and that there are other circumstances that recommended their inclusion in the scope of the title II said. In any case, these rules shall comply with the basic content of these procedures of representation in the company.