Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11055
Seen the text of the collective state of the Cork sector VI, for the years 2015-2016 (Convention No. 99010185011996 code), which was signed with date 30 June 2015, on the one hand by the Association of entrepreneurs of the Cork of Catalonia (AECORK) and the Association San Vicentena of entrepreneurs of Cork (ASECOR) on behalf of the companies in the sector , and in another by the unions Metal, construction and related, Federation of industry of UGT (MCA-UGT) and commissions workers of construction and services (CC.) OO.) on behalf of the workers, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995 of 24 March, and in Royal Decree 713/2010, 28 of may, on registration and deposit agreements and collective labour agreements , This Directorate-General of employment meets: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Official Gazette».
Madrid, 30 September 2015.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.
VI CONVENTION COLLECTIVE STATE OF THE SECTOR OF THE CORK FOR THE YEARS 2015-2016 PRELIMINARY TITLE of sectoral collective bargaining CHAPTER I parties signatories, legitimacy and effectiveness article 1. Signatory parties.
Are parties signatories of the present Convention State, of a part Metal, construction and related, Federation of industry of UGT (MCA-UGT), and commissions workers of construction and services (CC.) OO.) as labor representation, and, elsewhere, the Association of entrepreneurs of the Cork of Catalonia (AECORK) and Association San Vicentena of entrepreneurs of Cork (ASECOR), in business representation.
Both are recognized each other legitimacy to negotiate the Convention.
Article 2. Effectiveness and obligacional scope.
Given the regulatory nature and overall effectiveness, le is given by the provisions of title III of the Statute of workers and the representativeness of the signatory organizations, this Convention will oblige all the associations, organizations, companies and workers within their areas: functional, personal and territorial.
CHAPTER II scope of application article 3. Functional area.
The precepts of this General Convention govern labour relations in all companies or work whose main activity centers, and respecting the principle of unity of company, consist of the development and manufacturing of Cork.
The preparation work of the Cork for industrial use, are included in this area even when efforts are made to del monte.
Article 4. Personal scope.
This General Convention apply to all businesses and workers whose activities are covered in the previous article.
This General Convention, respecting the legislation in force, is therefore direct compliance in all collective bargaining which, for enterprises and workers mentioned above, are arranged during his term.
Managers are excluded from the scope of this Convention. This staff is appointees by the company. Their working relationship will be governed by their contract of employment and, where appropriate, by special legislation resulting from application.
Article 5. Territorial scope.
The General Convention is applicable throughout the territory of the Spanish State.
Article 6. Temporary scope.
Given his vocation of permanence and stability policy, the Convention will have a duration of two years, from January 1 of the year 2015 until 31 December 2016. It shall enter into force on the date of its signature and its economic effects are retrotraerán to January 1 of the year 2015, except for those items that you specify different date of application.
CHAPTER III structure of sectoral collective bargaining: collective agreement article 7 subject to attribution and character of the materials. Business structure.
The structure of collective bargaining in the Cork sector is defined in accordance with the following substantive levels of collective agreements, each of which will fulfill a specific function within its scope: to) the present sectoral collective agreement of State level, which by nature regulates certain conditions of application in all its scope of involvement and with the entry into force provided for in the Convention.
(b) collective agreements, business where any or when in the future the entitled subjects agree to equip itself with a company agreement. In this case, they will aim at developing matters inherent to the business area and/or adapt or overcome in terms legally provided the minimum contents which, for certain materials regulates the State collective agreement.
Article 8. Regulation of materials.
(a) is reserved for the present sectoral collective agreement regulation of the following subjects:-methods of hiring, with the exception of all matters that the General labour legislation enabled its regulation through lower-level collective agreements.
-General criteria of establishment and application of terms of pick up.
-Representative bodies: collective representation and trade union rights.
-System of classification Professional (without prejudice to its adaptation to the conventions of company).
-Functional mobility (without prejudice to the rules of adaptation that are handed down to the conventions of company).
-Regime of irregular distribution of the day (without prejudice to the adaptation in the conventions of company).
-Overtime (standards General and without prejudice to the provisions of the legislation in force).
-Maximum duration of test periods.
-Maximum duration of the annual Conference.
-Occupational health and prevention of risks (minimum elements to be developed in lower areas).
-Salary by category incorporated into different pay tables of the Convention, without prejudice to existing legislation.
(b) will have the character of minimum levels of regulation of the sectoral collective agreement on the following matters:-System of licences and permits and suspension of the employment contract.
-Rest regimen and duration of annual holidays.
-Benefits and supplementary allowances of social security.
(c) the materials listed below, laid down in the sectoral collective agreement, only will be of general application when there is a different regulation in the agreement or collective agreement company, allowing, therefore, its specific regulation in that lower area:-General rules of management of work and productivity.
-Adaptation in the field of the company or workplace of all matters which by its nature remedies to its scope of negotiation and/or have the consideration of minimum statewide.
-The establishment of incentive payments not foreseen in way expressed in the wage structure of the General Convention.
(d) matters not in the sectoral collective agreement may be regulated at the level of the undertaking by collective agreement or collective agreement with the legal representatives of the workers.
Article 9. Unity and indivisibility of Convention.
1. the conditions that were agreed, any that is its nature and content, constitute a unitary whole indivisible, is accepted by the parties that subscribe them obligations that mutually contract have an equivalent consideration to rights acquired, considering this as a whole and on an annual basis, while therefore the Covenants which are formalized may be interpreted or applied in isolation and independently of the others.
2. in the event that the competent court, in exercise of its powers, annul or invalidase any of the Covenants contained in this agreement, negotiating parties considered whether it is valid if only the rest of the text adopted, or if necessary a new and total or partial renegotiation of the same. If is diese such so-called, them parties signatories of this Convention is undertake to meet is within them 30 days following to the of the firmness of the resolution corresponding, to the object of solve the problem raised.
3. If in the term of sixty days, counted starting from the firmness of the resolution, them parts signatory not reached an agreement on the matter that not has exceeded the control of the legality, is undertake to submit is to it planned in the V agreement on solution autonomous of conflicts labour.
Article 10. Concurrency and exclusion of other collective agreements.
1. the present collective agreement modifies and replaces in full and definitive way the collective agreements, except for a company, which previously conventions were applicable to subjects covered by this collective agreement. During his term he shall not apply any other agreement of provincial, inter-provincial or national level that may affect or refer generally to activities or works developed by the companies referred to in the scope of this Convention.
2. Notwithstanding provisions above, lower level sectoral collective agreements that are applicable at the time of the entry into force of this sectoral collective agreement continue application until the initial term agreed by the parties.
Article 11. More advantageous conditions.
The most beneficial conditions that workers have known personally to the entry into force of the Convention will be respected.
More beneficial conditions laid down in the conventions of company or of origin, existing conventions to the entry into force of this sectoral agreement, will remain on their own terms without that they may be subject to negotiation in your area provided that they comply with the reserved materials to the General Convention.
CHAPTER IV compensation and absorption, denunciation and extension article 12. Compensation and absorption.
The conditions agreed form an all indivisible, by what not may pretend is the application of an or several of their standards with forget of the rest, but to all them effects has of be applied and observed in its integrity.
Established pay will compensate and absorb all the existing at the time of entry into force of the present General Agreement of Cork, matter what nature and origin, as well as those that may be established in the future by provisions of general or conventional bound application, except compensation, supplemented, and in Executive payment scheme Social Security benefits , as well as with respect to not compensated or absorbable concepts established in this agreement.
In no event may be absorbed and offset the wage supplements of quantity or quality of work of article 52 of the Convention, are these fixed, variable, or irregular amounts provided that they are homogenous and which really correspond to such concepts.
Only the conditions agreed upon in this General Convention when the new, considered as a whole and on an annual basis, exceed may be amended to the agreed here. Otherwise, will remain the General Convention on their own terms and without any modification of its concepts, modules and remuneration.
The conditions agreed in individual contracts concluded personally between company and worker in force at the entry into force of the General Convention will be respected and that, on a global basis, exceed it altogether and annual basis.
Article 13. Complaint and extension.
After the arrival of the expiration date set in article 6, to avoid the regulatory gap that otherwise it would occur and once the initial term or any of its extensions, will continue to govern the Convention both in their normative content and the obligacional until it is replaced by another.
1. either of the two signatory parties of the present Convention may request in writing to another review of the same with a minimum of three months before the expiration of the initial term of the validity indicated in the preceding article or any of its extensions.
2. the party making the complaint should be accompanied by concrete proposal on points and content covering the requested revision. This communication and the proposal copy, for the purpose of registration will be sent to the Directorate-General of employment.
3. to solve effectively the existing discrepancies after the course of maximum negotiating deadlines set out in the preceding paragraph without reaching an agreement, the parties adhere and subjected to non-judicial settlement of disputes established procedures or which may be established through State level inter-professional agreements.
CHAPTER V Commission joint article 14. Joint Commission.
1. is created a Joint Committee composed of a maximum of 4 members who shall be appointed by each of the parties, Trade Union and business, by half in the form that decide the respective organizations and functions that are specified in the following article.
2. the agreements of the Joint Commission on interpretation or application shall be adopted in any case unanimously by means of the corresponding resolution and shall have the same legal validity and processing that this Convention.
3. the Commission is meet few times deems necessary for the good March of the present Convention and she will determine, in each case, their standards of performance.
Article 15. Functions and procedures of the Joint Commission.
1 the Joint Committee referred to in the preceding article, shall have the following functions: to) monitoring of the implementation of this Convention.
(b) knowledge and resolution of issues arising from the application and interpretation of the totality of the precepts of the Convention.
(c) at the request of any of the parties, mediate or try to reconcile, in his case, and arrangement of these and at the request of the same, referee many times and conflicts, all of them collective, may arise in the application of this Convention.
(d) understand, of prior and compulsory form via administrative and jurisdictional, in the terms provided in paragraph 2 of this article, on the approach of collective disputes arising from the application and interpretation of the present Convention.
(e) the constant evolution of the framework of labour relations as application prevalent in industrial relations, and the status and prospects of the activity of cork along with frequent policy changes and the essential role of signers of the State Convention provide as standard backbone make it necessary that the Joint Commission carry out appropriate functions of adaptation of the Convention to the economic and social sector of reality as well as to the policy changes that may occur.
Therefore the Joint Commission, when relevant circumstances which in his view make it necessary, carry out adaptations requiring the State Convention during his term.
(f) if necessary, the Joint Committee may, during the term of the agreement modify it. In this case, the Commission may be constituted in negotiating Committee for what must attend Standing requirements provided for in articles 87 and 88 of the E.T.
(g) fix the table of annual gross minimum compensation for each year of this agreement.
(h) in the case of, which, after appropriate consultation period laid down in article 41.4 of the army, it does not reach agreement in the enterprise in the negotiation of the regulated substantial on working conditions change in number 6 of this precept, actions within 5 days following the corresponding Joint Commission shall refer to this solvent discrepancies. Such action must be sent together with the corresponding act of disagreement included in the model of annex II and specifically provided for this course. Where the aforementioned Commission not achieved an agreement in the period of 7 days, sent within 3 days of performances to inter-Confederation mediation and arbitration of its field service accompanied by the minutes of annex II to this dictate corresponding 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 in based on the reasons set out in article 91 of the E.T. In cases of absence of representatives of the workers in the enterprise, it means attributed to the most representative of the sector trade unions which were eligible to be part of the negotiating Commission of the application to the same collective agreement, unless the workers attributed its representation to a Commission designated pursuant to article 41.4 of the E.T.
(i) functions provided for in article 82.3 of the Statute of workers relating to the procedure of non-implementation in companies of working conditions provided for in this Convention.
(j) many other functions they tend to the practical efficiency of this agreement, or arising from provisions in its text and annexes which form part of the same.
2. both parties to this Convention and the misunderstood article 4 concerning the personal scope, are obliged to inform the Joint Commission few doubts, disagreements and collective disputes, of a general nature, may arise regarding the interpretation and application of the same, provided that they are of its competence in accordance with the provisions of the preceding paragraph so that, through its intervention, the problem is resolved or, if this is not possible, to issue the corresponding resolution or report.
3 without prejudice to what has been agreed in paragraph 3 of the preceding article, establishes that the issues of its competence to the Joint Commission must submit in writing, and their content will be needed so that you can examine and analyze the problem with knowledge of the facts, and must have as a minimum compulsory content: to) exhibition concise and specific topic.
(b) reasons and foundations that understand attend le proposer.
(c) proposal or specific request made to the Commission.
To the notice of inquiry they accompany many documents is understood to be necessary for the understanding and resolution of the problem.
4. the Commission may collect, by via of enlargement, much information or documentation deems relevant for a better or more complete information of the affair, to whose effect granted a term to the proponent that not may exceed of five days working.
5. the Joint Commission, after receiving the written consultation or, where applicable, completed the relevant information, will be available not later than twenty working days to, in case of agreement, resolve the issue raised by issuing the corresponding resolution.
If there is no agreement there will be a report which the members of the Commission include the considerations which, respectively, have been formulated to explain their respective positions and, therefore, the discrepancy.
In this last alleged the Commission will act as is established in the number following.
6 in those cases in which the Joint Committee does not reach agreement regarding the issues that are raised them regardless of the contained in paragraph 1, letter h within their competence), and in chapter III of the preliminary title move, in his case, the discrepancies to out-of-court dispute settlement systems, assuming V agreement on autonomous solution of labour conflicts (Extrajudicial system) , (Code of Convention No. 99100025092012) that was signed with date 7 of February of 2012 of a part by the Confederation Union of commissions Obreras (CC.) OO.) and by the General Union of workers (UGT) and another by the Spanish Confederation of business organizations (CEOE) and the Spanish Confederation of the small and medium enterprises (CEPYME), published in the official Gazette of February 23, 2012, or in his case, subject to the non-judicial systems of dispute settlement established by the corresponding inter-trade agreements laid down in article 83 of the E.T.
7. with regard to measures to contribute to the internal flexibility of the company, the possible irregular distribution of the day will be the regulated as provided for in article 39 of the Convention and 34.2 of the E.T.
TITLE I of the individual working relationship CHAPTER I form and modalities of the agreement article 16. Form of the contract.
The admission of workers in the enterprise, from the entry into force of this Convention, be made always in writing.
Also, is formalized by written them communications of extension or enlargement of them same, and the notice of its completion, referred to them contracts temporary, in the terms established in the present Convention or in it standard legal.
The employment contract must be formalized before the provision of services. Shall be recorded in the contract of employment which should be established by writing, the conditions that were agreed, the professional group that is framed the worker, and the minimum content of the contract as well as the other legally required formal requirements.
Minimum content means the complete identification of the Contracting Parties, the geographical location and denomination, where appropriate, of the workplace to the worker, the address of the registered office of the company, group, or professional level, the annual total compensation initially agreed and the literal expression of the collective bargaining agreement is attached.
Article 17. Recruitment.
It entry to the work may perform is of conformity with any of them modalities regulated in the Statute of them workers, in the provisions of development and in the present Convention collective General.
Article 18. Fixed template or indefinite contract.
Means as contract work fixed template or indefinite, which is concluded between the company and the worker, for the labor provision for an indefinite time, and will be the modality of common recruitment in the companies of the sector.
CHAPTER II article 19 contract duration. Trial period.
It can arrange, in writing, a trial period, which in no case may exceed: A) groups I and II: 6 months.
(B) groups III, IV: 3 months.
(C) groups V and VI: 1 month.
D) Group VII: 15 days.
Article 20. Training contracts.
1. the contract of employment practices may enter into with those who were in possession of college degree or vocational training of middle or superior degree, or titles officially recognised as equivalent, that enable for professional practice, within the five years immediately following the completion of the corresponding studies or seven years when the contract is concluded with a worker with disabilities. The date of completion of the studies previously indicated, is not taken into account if the contract is entered into with one lower 30-year-old worker. This possibility of contracting for under 30 years old with studies completed more than 5 years, will remain until the national unemployment rate is below 15%.
(He contract of practices is held in accordance with the following rules: to) he since of work must allow the obtaining of it practice professional adequate to the level of studies completed.
(b) the duration of the contract may neither be less than six months nor exceed two years.
(c) no worker may be engaged in practices in the same or different company for more than two years under the same degree.
(d) the remuneration of the worker in practice will not be less than 60 or 75% during the first or the second year of the contract, respectively, of the salary set at the Convention for a worker who performs the same or an equivalent job.
(e) in any case, the salary will be less than the national minimum wage. In the case of workers employed full-time partial, wages will be reduced depending on the agreed day.
(f) if at the conclusion of the contract the worker were to continue in the company can not arrange is a new trial period, computing the length of practices for the purposes of seniority in the company.
(g) upon termination of the contract, shall be issued to the worker a certificate stating the duration of practices, the post or occupied jobs and the main tasks performed in each of them.
2. the contract for the training and the learning will have by object the qualification professional of them workers in a regime of alternation of activity labour paid in a company with activity training received in the framework of the system of training professional for the employment or of the system educational.
The contract for training and learning will be governed by the following rules: to) you can celebrate with workers over the age of sixteen and under twenty-five years (under thirty years until the unemployment rate will fall below 15%) lack of professional qualifications recognized by the system of vocational training for employment or education required to enter into a contract in practice.
The maximum age limit shall not apply when the contract is concluded with people with disabilities.
(b) the minimum duration of the contract will be for one year and the maximum of three.
The situations of temporary disability, risk during pregnancy, maternity, adoption or 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, the worker does not may be hired under this modality by the same or a different company for the same work or occupation subject to the professional qualification associated with the contract, but for a different not may be held contracts for training and learning when corresponding to the contract work has been played previously by the worker in the same company by time more than 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 paragraph 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.
Training activities may include training not referred to the national catalogue of professional qualifications to adapt both to the needs of workers and firms.
(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 work effective, that there will be of be compatible with the time dedicated to them activities training, not may be superior to the 75 percent, during the first year, or to the 85 percent, during the second and third year, of the day maximum planned in the Convention collective or, in its defect, to the day maximum legal. Workers may not work overtime, except in the case provided for in article 35.3 of the Statute of workers. They may not perform night work or shift work.
(g) the remuneration of the worker hired for training and learning will be 80%, 90% and 95% respectively for the first, second and third year of duration of the contract and will never be below the proportional part of the national minimum wage.
These percentages will be applied on the salary corresponding to the work for which the training is underway.
Article 21. Contract for substitution for early retirement age, and relief contract.
Signatory parties of this Convention have been in earlier conventions establishing a system that allowed retirement to 100 per cent of the liabilities of the workers rights, sixty-four years of age, and provided that the requirements legally established to meet while maintaining this Convention such a possibility of retirement these arrangements to those resulting from application set out in the Final 12.2 provision of law 27/2011 from 1 August.
In order to favour the generational, companies included in the scope of this Convention, undertake to carry out contracts for relief in accordance with the terms laid down in the legislation in force.
Article 22. Contracts possible by circumstances of the production.
1 in accordance with provisions of article 15(1). b) of the revised text of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March, and RD 5/2001, of March 2, the maximum duration of any contracts, by circumstances of production, accumulation of tasks or orders excessive, may be up to 12 months worked within a period of 18 months.
2. this type of contracts when they are concluded for a term of less than 12 months may be extended only once within this period, in accordance with the legal provisions in force.
3. the Cork sector, subject to regulation, is fluctuating in its productive intensity according to the conjunctural and cyclical circumstances of the economy. This conclusion leads, inevitably, to the possibilities of recruitment in the sector, transcend to the current situation of low activity, framing is in the broad concept of demands circumstantial of the market that involve transitional accumulations of tasks or excess of orders. These circumstances, happen to be cyclically constant in time and on temporary stay within the changing cycles of the economy.
By all the signatory parties of the present Convention agree to proceed with a proper regulation of the contract of employment provided for in article 15(1). b) of the TRLET adapted to the unique Cork sector conditions and persist the current circumstances of employment and productivity.
4. to the termination of the contract, the company will come obliged to satisfy to the worker a compensation of twenty days by year of service or the part proportional that corresponds.
5. the contracts concluded under this modality will contain an express reference to this article.
Article 23. Contract for works or service given.
International powers conferred by law 1/1995, TRLET, in its article 15(1). to) the signatory parties of the present Convention agree to identify certain jobs or tasks with own substantivity within the normal activities of the companies in the sector, defined as such in article 9 of the present regulatory text. En_consecuencia, only can be contracts under article 15(1). ª TE, i.e., for work or service specific, for the following activities: to) facilities repair works.
(b) for the performance of a work, with own substantivity.
(c) works of realization of a work that have as object the pick-up of the Cork in the field, a time extracted of the tree for its transfer and stored in the company.
In terms of notice and termination you will be provisions in article 24 of this Convention.
Upon termination of the contract, the company shall be bound to meet the worker compensation of twenty days per year of service or the proportion that corresponds.
Article 24. Notices and resignations, termination of the employment relationship.
The cessation of workers by completion of the works or services object of the contract or expiration of the time agreed on other arrangements, should contact in writing worker least fifteen calendar days in advance. However, the employer may replace this notice for compensation equivalent to the amount corresponding to the days of notice omitted, all without prejudice to the written notice of termination. When is the worker which communicate your decision of extinguishing the contract before the completion of the same will operate the compensation herein of contrary established in identical terms.
It shall not apply the provisions above regarding term of notice and compensation for contracts concluded in the form of interim or replacement, or any circumstances of production less than or equal to four months, without prejudice to the written notice of the termination.
Temporary contracts that had exceeded the duration of one year, with the exception of those hired by interim or replacement, shall be preavisarse in writing the following in advance: staff of professional groups I-III: 1 month.
The rest of the staff: 15 calendar days.
However the employer may replace this notice with compensation equivalent to skip on similar terms as expressed in paragraph first notice day.
When the worker is who communicated his decision to extinguish the contract before the end of the same will operate compensation contrary herein established in identical terms.
Identical compensation herein will proceed when the template fixed worker decided to extinguish his contract by notifying in writing their voluntary redundancy in the company and fail to fulfil the notice periods referred to in the fourth subparagraph.
CHAPTER III organization of the work article 25. Organization of the work.
The technical and practical organization of the work corresponds to the direction of the company, who can establish how many systems of organization, rationalization and modernization deems appropriate, as well as any structuring of sections or departments of the company, provided that they are made in accordance with the legal provisions on the subject.
The Organization of the work aims to achieve an adequate level of productivity based on the optimum use of human and material resources in the company. This is possible with an attitude of active and responsible for the integral parts: management and workers.
Without degradation of the Faculty referred to in the first subparagraph, the representatives of workers will have functions of orientation, proposal, issuing reports, etc. concerning the Organization and rationalization of the work, in accordance with the legislation in force and in accordance with the provisions of this Convention.
Therefore the Union representation will be consulted on the application and development of the Organization's work. Likewise, the representation Union also will be consulted in the design, execution, monitoring and evaluation of them programs of training prior to the implementation of any modification organizational.
Article 26. Organizational competence.
The Organization of work will be extended to the following issues: 1. the existence of normal activity.
2 allocation of the necessary elements (machines or specific tasks) so that the worker can reach, at a minimum, the activities referred to in the previous number.
3. fixing rates of waste as acceptable quality throughout the manufacturing process in question.
4. the monitoring, care and cleaning of machinery assigned, taking into account, in any case, in the determination of the amount of work and activity to normal performance.
5. the adaptation of the loads of work, performance and rates to new conditions resulting from applying the change of given surgical method, manufacturing process, material, machinery or any other technical condition of the process concerned.
6. the setting of clear and simple formulas for obtaining estimates of fees that correspond to each and every affected workers, form and way that whatever the professional group of the same and job deal, can understand them easily.
Article 27. Procedure for the implementation of the systems of organization of work.
For the implementation of a new system of yields on the base of prima or incentives, fixing of the activity normal and optimal and change of them methods of work, is proceed of the following form:
1. the management of the company, must report the new system which is intended to implement the Committee of company or personal delegate and stewards, if any previously or representatives of the company trade union sections.
2. in the event that there is no agreement between management and the workers representatives, in connection with the implementation of a new system of organization of work, both parties can jointly, request the mediation of the Joint Commission, or resorting to external arbitration, or the labour courts.
Article 28. New technologies.
When a company new technologies that may involve substantial modification of conditions of work, or a period of not less than one month technical adaptation or training for workers, shall communicate the same prior to the representatives of the workers in sufficient time to be able to analyze and foresee their consequences in relation to : employment, occupational health, training and work organisation. Also the precise training for the development of its new function should be provided to affected workers.
In the event that the introduction of new technologies represents a substantial working conditions change it would be to the provisions of article 41 of the Statute of workers.
Article 29. Revision of values.
The Department of times of the company may take new times whenever deemed necessary, although values can only be modified when if any of the following cases: 1. mechanization.
2. improvement of facilities which facilitate the conduct of work.
3. When is work first set by setting a provisional value in both the final not set later.
4. operating method changes, other than those described in the previous system of work.
5. when there is numerical or mathematical miscalculation.
6 when, without detriment to the required quality, 75% of workers who perform a particular job, reach in this work, for a month, an activity than the optimum performance, anyone who is the system of productivity used.
Article 30. Scientific Organization of labour.
For the purposes of the specific organization of work in companies included in the Convention that apply this system, and few are suitable for your best and running, shall take into account the following definitions: a) normal activity: refers to normal activity, the equivalent of 60 points Bedaux, 100 Centesimales or the reference which establishes any other scientific work mediation system calculated by means of timers by any of the known systems either instant observations referred to as work sampling technique.
(b) optimal activity: which corresponds to measurement systems with levels 80 and 140 systems Bedaux or grads, respectively, or its equivalent in any other scientific work measurement system.
(c) normal performance: is the amount of work that a worker performs an hour of normal activity.
(d) performance: is the amount of work that a worker in an hour of optimal activity.
(e) time machine: is the one who uses a machine to produce a unit of task in certain technical conditions.
(f) normal time: is the inverted by a worker in a given operation in normal activity, excluding recovery times. Optimal working: is the one in which the operator can develop optimal activity during all the time.
(g) work limited in activity normal: is he in that the operator not can develop the activity optimal during all his time. The limitation may be due to the work of the machine, the fact of team work or the conditions of the operative method. For the purposes of compensation, timeouts due to any of the above limitations will be paid as if he worked a normal activity.
(h) work in optimal activity: the optimal activity shall be obtained taking into account that the minimum production time is «time machine» carried out in optimal activity. In appropriate cases, interference and pauses of machines or equipment will be calculated.
Article 31. Paid work with incentive, assessment criteria.
For its calculation and establishment shall be taken into account the following circumstances: to) degree of specialization requiring the work to be done according to the mechanization of the industry.
(b) physical effort and attention arising from its implementation.
(c) hardness and any other special circumstance which has to.
(d) environment in which work is carried out, as well as the climatic conditions of the place where it has to be verified.
(e) the quality of the materials used.
(f) the economic importance that the work to be carried out have to the company and the normal progress of its production.
(g) any circumstances of a nature analogous to those listed.
(h) the rest periods laid down in the provisions of the ILO.
CHAPTER IV professional classification article 32. General rule.
The professional framework of the collective Convention State for the Cork Sector based groups professionals, consists of eight groups, which are functionally divided each of them technicians, employees and workers. Therefore, each worker should be attached to a professional group and a particular functional division and you assign group established for the same wage.
Functional mobility for the realization of functions of other professional group where the worker is framed only will be possible if there are technical or organisational reasons that justify it and for the essential time for your attention, ensuring, by the employer, the length of time required for training and adaptation to these functions. The employer shall communicate this situation to the representatives of the workers, as set forth in article 39.2 of the consolidated text of the Statute of the workers. In the event that there is a legal or conventional modification affecting the provisions of this paragraph it shall apply provisions. The framework for the workers in the respective professional group and functional division, will be bearing in mind the criteria of knowledge, initiative/autonomy, complexity, responsibility and control, that appear as determinants for belonging to a particular group as well as the training required for each of them.
Companies may, in accordance with articles 25 and 26 of the Convention, set the classification needed to fill each position according to the professional knowledge required for the same.
The forecast of the professional groups that may result from the application of the Convention does not imply for companies the obligation to have them all.
Regarding companies that adopt the system for the evaluation of jobs means that this assessment is implicit respect regulations laying down the Convention in the field of professional classification.
The professional groups will be referred to in the following article, which includes a description of the functions. The designations referred to in each professional group are, by way of reference, indicative, in order to apply the new system of professional classification. Corresponding to this new professional classification framework grid is included in annex 0.
The Act of classification of the worker in order to the professional group will take effect by the direction of the company, without prejudice to the provisions of the Statute of workers.
Article 33. General criteria.
1. the present chapter on professional classification has been established mainly according to the criteria that article 22 of the Statute of workers fixed for the existence of the professional group, i.e., skills, qualifications and general content of the provision.
2. the classification is done in functional divisions and professional groups for interpretation and application of objective general criteria and tasks and most representative basic functions to workers.
3. in the case of attendance in a job of basic tasks to different professional groups, the classification will take place depending on the activities of the top professional group. This classification criterion does not imply that complementary tasks that are basic to positions classified at lower occupational groups is excluded in the jobs of each professional group.
4. all employees affected by this general agreement shall be directed to a particular functional division and a professional group. Both circumstances will define their position in the organizational scheme of each company.
They are classified into three functional divisions defined in the following terms: technical: the staff with a high degree of qualification, experience, and skills equivalent to which are available with degrees top and stockings, performing high qualification and complexity.
Is the personal that by their knowledge and/or experience performs tasks administrative, commercial, organizational, of computer, of laboratory and, in general, them specific of posts of office, that allow inform of it management, of the activity accounting, coordinate labor productive or perform tasks auxiliary that behave attention to them people.
Operators: Is the staff that performs operations related to the production, well by their knowledge and/or experience directly, acting in the production process, or work of maintenance, transportation, or other auxiliary operations, making, at the same time, supervision or coordination functions.
5. the factors that influence the professional classification of workers falling within the scope of the Convention and, therefore, indicate the membership of each of these to a specific professional group, all according to the criteria determined by article 22 of the Statute of workers, are those defined in this section.
Also, must have is present, to the qualify them posts of work, the dimension of the company or of the unit productive in which is develop it function, since can influence in the valuation of all or some of them factors.
6 case of discrepancy, with regard to questions of allegiance a particular professional group parties will undergo mandatory arbitration mediation bodies corresponding to each territory definition of the factors influencing the determination of a certain professional group membership: i. knowledge.
Factor for whose elaboration is has in has, besides the training basic necessary for power meet correctly the committed, the grade of knowledge and experience acquired, as well as the difficulty in the acquisition of such knowledge or experiences.
This factor can be divided into two subfacet: to) formation. This sub-factor is considered the minimum initial level of knowledge that must have a person of average ability to satisfactorily perform the functions of the job after a period of practical training. This factor, must also consider the demands of specialized knowledge, languages, computer science, etc.
(b) experience. This sub-factor determines the period of time required so that a person of average capacity, and possessing the training specified above, acquire the ability and practice necessary to do the job, obtaining one sufficient quantity and quality performance.
Factor which takes into account the greater or lesser dependence to guidelines or rules and the greater or less subordination in the performance of the function that develops. This factor includes both the need to detect problems such as improvise solutions to them.
It must be taken into account: a) frame of reference. Valuation of them limitations that may exist in the since regarding a: access to people with upper responsibility in the organization chart of the company, the existence of standards written or manual of procedure.
(b) preparation of the decision. Understood as the resulting obligation as determine possible solutions and choose one that is considered more appropriate.
Factor whose valuation is based on the greater or fewer, as well as the greater or lesser degree of integration of the remaining factors listed in the task or job entrusted.
(a) difficulty at work. This sub-factor considers the complexity of the task to develop and the frequency of possible incidents.
(b) special skills. (This sub-factor determines them skills that is require for certain works, as can be effort physical, skill manual, good vision, etc., and its frequency during the day labour c) environment of work. This sub-factor appreciates the circumstances under which should make is the work, and the grade in that these conditions make the work unpleasant.
The circumstances regarding the modality of work (night, shift, etc.) will not be included on this sub-factor.
Factor in which you consider the degree of autonomy of action of the role holder and the degree of influence on the results and the consequences of management importance.
This factor includes the sub-factors: to) responsibility for management and results. This sub-factor considered the responsibility assumed by the occupying of the put on the errors that could occur. Not only the direct consequences, but also its possible impact on the progress of the company are valued. In this sense, should not take extreme values, but an average logical and normal. To assess correctly it is necessary to take into account the degree to which work is overseen or checked subsequently.
(b) capacity of interrelation. This sub-factor appreciates the responsibility assumed by the occupant of the position on official contacts with others, inside and outside the company. Necessary to achieve the desired results, and the form and frequency of contacts the personality and ability is considered.
Is the set of tasks of planning, organization, control and address of them activities of others, assigned by the address of the company, that require of them knowledge necessary to understand, motivate and develop to them people that depend on hierarchically of the since.
For their evaluation shall be taken into account: a) capacity management tasks.
(b) nature of the collective.
(c) number of persons over which control is exercised.
Professional group 0.
General criteria: workers belonging to this group plan, organize, direct, and coordinate the different activities of the development of the company. Its functions include the development of the policy of the Organization, the general approaches to the effective use of human resources and material aspects, orientation and control of the activities of the Organization in accordance with the established program or the policy adopted; the establishment and maintenance of productive structures and support and the development of commercial, financial or industrial policy.
Decisions or participate in its elaboration. They play officials address or execution of the same levels in departments, divisions, groups, factories, plants, etc. that will structure the company and that they always respond to particular management of each one of them.
Professional group 1.
General criteria: workers belonging to this group have direct responsibility in the management of one or more functional areas of the company, or perform technical tasks of high complexity and qualification. They make decisions or are involved in its elaboration on the definition of specific objectives. They perform their duties with a high degree of autonomy, initiative and responsibility.
Education: University degree of top grade or equivalent knowledge matched by the company and/or with experience in the exercise of their profession.
They match, normally the staff framed in number 1 of the scale of contribution to Social Security bases.
Examples: In this professional group include limitation all those activities which, by analogy, are similar to the following: 1. Supervision and coaching of a process or section of manufacturing, all the same, or a group of services or all of them.
2 coordination, supervision, management and/or direction of heterogeneous works or activities within an area, service or Department.
3 responsibility and management of the operation of a computer system or local networks of computer services on the whole of services of data in units of medium dimensions.
4. tasks of the technical direction of high complexity and heterogeneity, with high level of autonomy and initiative within its field, in functions of research, quality control, definition of industrial processes, management, labour law and tax, etc.
5. tasks of address of business management with wide responsibility on a delimited geographical area.
6 technical tasks of high complexity and versatility, with the highest level of autonomy and initiative within their field, and can involve advice in the fundamental decisions of the company.
7. consistent functions in planning, ordering and supervise an area, service or Department of a medium size company, or in companies of small dimension, with responsibility for the results of the same.
8 tasks, computer systems analysis to define, develop and implement the mechanized systems, both in the physical realm (hardware) and logical scope (software).
Professional group 2.
General criteria: workers with a high degree of autonomy, initiative and responsibility, performing complex technical tasks, with global objectives, or who have a high intellectual or human interaction content. Also those directly responsible for the integration, coordination and supervision of functions, performed by a group of collaborators in the same functional area.
Education: University degree of middle-grade or equivalent knowledge matched by the company, completed with a dilated in its professional sector experience. Eventually they may you have university degree studies and assimilate to the positions defined in this group, «Graduates of entry».
Normally understand them categories framed in the number 2 of the table class of them bases of quote to the Security Social and, eventually, the number 1 of face to cover to them graduates top of entry.
Examples: In this professional group include limitation all those activities which, by analogy, are similar to the following: 1. features that involve the responsibility of order, coordinate and supervise the execution of heterogeneous tasks of production, marketing, maintenance, administration, services, etc., or in any grouping of them, when the dimensions of the company warrant such groupings.
2 consistent high technical content tasks to provide support, with media autonomy and under guidelines and standards that does not completely define how to proceed in functions of research, quality control, monitoring and control of industrial processes, etc.
3. activities and tasks of ATS, making you cures, taking the control of low of temporary incapacity for work and accidents, studies audiometric, vaccinations, statistical studies of accidents, etc.
4. activities of graduate social consistent in functions of organization, control, advice or command in order to the admission, classification, mesh, instruction, commissary, dining rooms, forecast of the personal, etc.
Professional group 3.
General criteria: are those workers who, with or without command responsibility, carry out tasks with an average content of intellectual activity and human interaction, within a framework of precise instructions for complex technical media, with autonomy in the process. They perform functions involving integration, coordination, and supervision of homogeneous tasks, performed by a group of collaborators, one minor organizational stage.
Training: qualification of grade average, technical specialist of second grade or with experience extensive in the since of work.
Normally, you will understand the categories framed in the scale number 3 of the bases of Social security contributions.
Examples: in this group Professional is include to title but all those activities that, by analogy, are assimilated to them following: 1. tasks technical that consist in the exercise of the command direct at the front of a set of operators of trade or of processes productive in facilities main (manufacturing of caps, decorative, etc.)
2 technical tasks of coding software in the appropriate language, verifying its proper implementation and documenting them properly.
3. technical tasks which consist of the management of tasks and jobs in a full production unit.
4. activities involving the liability of a shift or production unit which may be supported by one or more workers in the lower professional group.
5. tasks techniques of inspection, supervision or management of the network of sales.
6. technical tasks of direction and supervision in the area of accounting, consisting of gather the items supplied by the helpers, make statements, balance sheets, costs, temporary cash and other similar works on the basis of the chart of accounts of the company.
7 consistent technical tasks to contribute to the development of a project that writes a technician (engineer, quantity surveyor, etc.) by applying normalization, performing the calculation of detail, making plans based on data provided by superior remote control.
8 technical administrative tasks of organization or laboratory of practical implementation, involving supervision according to rules received a superior control.
9. technical tasks administrative and organization of procurement management sourcing and conventional goods of little complexity or provisioning of complex goods.
10. technical tasks of direction of I + D of complete projects according to instructions given by a superior control.
11. tasks technical, administrative or of organization, that consist in the maintenance preventive or corrective of systems robotic that involve extensive knowledge integrated of electronic, hydraulic and logical pneumatic, leads to the responsibility of early intervention within the process productive.
12. tasks technical of all class of projects, reproductions or details low it address of a command top, ordering, monitoring and managing the execution practice of them same, can direct mounts, lift flat, etc.
13. technical tasks of commercial management with responsibility for a delimited geographical area or a specific range of products.
Group Professional 4.
General criteria: those workers who work in autonomous execution usually requiring initiative and reasoning by the workers responsible for their implementation, acting under supervision responsibility for them.
Training: Bachelor's degree, BUP or equivalent or technician (level 3 modules), complemented with training of work or knowledge acquired in the pursuit of the profession.
Normally you will understand the categories framed standard numbers 4 and 8 of the Social security contribution bases.
Examples: In this professional group include limitation all those activities which, by analogy, are similar to the following: 1. drafting of commercial correspondence, price calculation in the light of offers received, reception and processing of orders and proposed answer.
2. tasks that consist in establish, on the basis of documents accounting, a part of the accounting.
3. tasks of analysis and determinations of laboratory carried out under supervision, without is necessary always indicate standards and specifications, involving preparation of them elements necessary, obtaining of samples and extension of certified and newsletters of analysis.
4. tasks of delineation of simple projects, surveying of whole and detail, on the basis of information received and performing the necessary scores at the same time providing the required solutions.
5 tasks of I + D of complete projects according to instructions.
6. work involving supervision according to General rules received a higher immediate control of the practical implementation of the tasks in the workshop, laboratory or office.
7. tasks of procurement of supplies and conventional goods of little complexity or provisioning of complex property without authority over them.
8. tasks which consist of the preventive and corrective maintenance of robotic systems that involve enough integrated knowledge of electronics, hydraulics and pneumatic logic, leads to the corresponding responsibility within the production process.
9. tasks of coding of programs of computer and installation of packages computer low instructions direct from the analyst of the exploitation of application computer.
10 tasks of sales and marketing of products of complexity and unit value.
11 tasks of translation, correspondent, typewriting and care of personal communications with sufficient mastery of a foreign language and high confidentiality.
12. automatic regulation tasks by choosing the appropriate program, introducing precise variants in production facilities, centralized or not, taking control through appropriate means (terminals, microcomputers, etc.).
13 exercise direct control in front of a set of operators that receive production, classify it, stored and issued, taking the control of materials, as well as the use of the maquinas-vehiculos available.
14. exercise direct control in front of a set of operators that perform auxiliary tasks to the main line of production, catering and preparing materials, equipment, tools, evacuations, etc., realizing the control of machines and vehicles that are used.
15 exercise direct control in front of a set of operators within an intermediate stage or geographically bounded in a line of the production process or assembling, coordinating and controlling the operations inherent in the production process of the corresponding phase, making control of the installation and materials used.
16 inspections of all sorts of parts, machines, structures, materials and spare parts, both during the process and after finished, at the enterprise, on the basis of drawings, tolerances, compositions, appearance, standards and utilization with high degree of decision on the acceptance, making reports where results are displayed equally for calls received abroad.
Professional Group 5.
General criteria: tasks that run under control or dependency of professionals of highest rating within the outline of each company, normally with a high degree of supervision, but with certain professional knowledge, with an intermediate period of adaptation.
Training: Knowledge acquired in the performance of their profession or school without qualifications or technical assistant (level 2 modules) with specific training in the place of work or knowledge acquired in the pursuit of the profession.
You will normally understand categories framed in the scales, numbers 5 and 8, the foundations of Social security contributions.
Examples: In this professional group include limitation all those activities which, by analogy, are similar to the following: 1. administrative tasks carried out with use of computer applications.
2 basic wages calculation, estimation of costs, billing and payment, etc., functions depending on and tasks directly executing the orders of a superior control.
3. tasks of electronics, steel, automotive, instrumentation, mounting or welding, masonry, carpentry, electricity, painting, mechanical, etc., with sufficient training to meet all the requirements of his office or responsibility.
4. tasks of control and regulation of the process of production that generate transformation of product.
5 tasks of sales and marketing of low unit value or so little complexity that do not require a technical specialisation other than own demonstration, communication of prices and conditions of credit and delivery, processing orders, etc.
6 preparation tasks or operations in conventional machines involving self-control of the processed product.
7 tasks file, registration, calculation, billing or similar which require some degree of initiative.
8. tasks of clearance orders, review of goods and distribution record in books or mechanical, the effect of daily movement.
9 tasks of reading, annotation, and control, under instructions, industrial processes or supply of general manufacturing services.
10 tasks of typing, with good presentation of work and correct spelling and proper speed which can be implied the drafting of correspondence according to format and specific instructions, being able to use software such as word processors or similar packages.
11. basic tasks of delineation of drawing, rubbings or lithographs that others have been prepared, as well as simple calculations.
12 exercise direct in front of a set of operators control in work of loading and unloading, cleaning, packaging, etc., usually manual type or machines, including production processes.
13. control the quality of the production or the mounting, performing inspections and reclassifications Visual or with them corresponding devices, deciding on the reject on the base of standards fixed, reflecting in parts or through template them results of the inspection.
14 takes data from production processes, relating to temperature, humidity, duration of cycles, percentages of raw materials, wear of tooling, defects, abnormalities, reflecting in part or through template details according to code to the effect.
15 make groups of data, summaries, statistics, pictures, follow-ups, histograms, certifications, etc., with data provided by others that take them directly on the basis of generally precise rules.
Professional group 6.
General criteria: tasks that are executed with a high degree of dependence, clearly defined, with specific instructions. Preferably may require physical effort, with little training or very basic knowledge and which may occasionally need a small period of adaptation.
Training: Mandatory and in some cases baseline levels of initiation for office tasks. Compulsory secondary education (ESO) or technical assistant (level 2 module), as well as knowledge acquired in the pursuit of their profession.
Normally includes categories framed in the scales numbers 6, 7 and 9 of the foundations of Social security contributions.
Examples: In this professional group include limitation all those activities which, by analogy, are similar to the following: 1. simple activities requiring regulation and implementation or management of pictures, indicators and non-automatic panels.
2. tasks of aglomerista, escogedor and similar as well as the electronics, automotive, instrumentation, mounting, masonry, electricity, mechanics, painting, etc.
3. elementary tasks in the laboratory.
4. tasks of control of access to buildings and premises.
5 reception tasks that do not require special qualification or knowledge of languages. Operator or receptionist.
6. reprography in general works. Reproduction and tracing of drawings.
7. simple and routine typing, file, spreadsheet, billing or similar management work.
8. preparation of simple and routine analysis of easy checking, functions of collection and preparation of the sample for analysis.
9 tasks of adjustment of series products, series of elementary sets elementary Assembly, verified product Assembly.
10. verification tasks consistent visual check or through direct measurement patterns already established quality of simple elements in process of Assembly and finishing of assemblies and subassemblies and components, limited to indicate suitability or inadequacy to these patterns.
11. works of surveillance and regulation of static displacements of materials (tapes conveyor and similar) machines.
12 when working on machine tools prepared by another on the basis of simple instructions or simple sketches.
13 work polishing, varnishing or other analogues using mechanical elements.
14 tasks of transport and palletizing with mechanical elements.
15 teams, telex or facsimile operation tasks.
16. data recording tasks in computer systems.
17. driving with appropriate permission, understanding that this activity can be combined with other related activities.
18 driving heavy machinery self-propelled or suspended in vacuum, lifting, loading, drag, etc. (locomotives, tractors, shovels, empujadoras, cranes, bridge cranes, trolleys, etc.).
Professional Group 7.
General criteria: those workers who perform tasks that run according to specific instructions, clearly established, with a high degree of dependence, preferably requiring physical effort or attention and which do not require specific training or adaptation period will be included.
Training: Compulsory secondary education (ESO) or certificate of schooling or equivalent.
It will include categories framed the scales numbers 6 and 10 of the bases of Social security contributions.
Examples: In this professional group include limitation all those activities which, by analogy, are similar to the following: 1. manual tasks.
2. basic operations with simple machines, understanding as such to those that do not require training and specific knowledge.
3. tasks of manual loading and unloading, or with the help of simple mechanical elements.
4. tasks of supply of materials in the production process.
5. tasks which consist of performing errands, assignments, transportation manual, carry or pick up mail.
6. tasks of manual kind resulting from the use and disposal of raw materials manufactured or semi-manufactured products as well as the necessary tools in any production process.
7. tasks of reception, management and distribution of goods and genres, without the risk of the same movement.
8. assistance in maquinas-vehiculos tasks.
9. learning tasks consist in the acquisition of training and practical knowledge required for the performance of a profession or a qualified job.
10 tasks of aglomerista, escogedor and similar which do not have prior experience in industry during the first two years.
Professional Group 8.
General criteria: in this group training contracts and of those workers apprentices or children under age 18 are integrated.
You will understand the categories framed in the scale number 11 of the bases of Social security contributions.
CHAPTER V functional mobility and geographical article 34. Functional mobility.
In the regulation of this matter shall apply the rules laid down in article 39 of the TRLET.
When the company intends to introduce functional versatility systems other than those laid down in this Convention, and that they not stipulated in the cases referred to in article 39 of the ET, must negotiate them with the legal representation of workers in the company. In the absence of agreement, you can proceed in the form foreseen by article 41 of the ET.
Article 35. Top group works.
Reasons technical, organizational or production, and for period not exceeding six months in a year and eight months for two years, the worker may intended to occupy a position of a top professional group, receiving while in this situation are the remuneration corresponding to the function that actually plays.
After this period the worker may, self-will, continue to perform these works or return to the position occupied before. In the first case it will rise automatically.
Article 36. Bottom group works.
1. the company, by needs peremptory, transitional or unpredictable, may allocate to a worker to perform tasks corresponding to a group professional lower to the yours, or category professional lower to it yours, by the time essential and communicating it as well as them reasons of them same to them representatives legal of them workers, if them any, not being able the interested deny is to perform the work entrusted , provided that this does not prejudice their vocational training. In this situation, the worker will continue to receiving compensation which, by your professional group and previous function, corresponding.
2 you may not impose to a worker the realization of own work of a less professional group for more than three months a year, while all the same functional division of the professional group workers have not rotated in carrying out such tasks. Cases of force majeure or failure will not be considered for the purposes of the computation.
3. If the fate of lower professional group had been requested by the worker, he is assigned to this remuneration that corresponds by the role actually played, but not, they may require you to perform work for a professional group that is superior to the one that will reward you.
Article 37. Mobility geographical.
Geographical mobility, within the scope of this General Agreement, applies to the following cases: a) displacement.
37.1 displacement: them workers that by needs economic, technical, organizational or of production or by engagements referred to the activity of the company and following them instructions of this have that make travel or displacement to populations different to them file it company or workshop, will receive the compensation of the amount of them diets set to the present Convention.
The days of departure meritarán identical diet and those of arrival shall be reduced by half when the person concerned spends the night at his home, except that you have to make two meals out.
If the work is done so that the worker only has to be outside the usual place the midday meal, this will receive the average diet.
Travel of return will always be to the company's account.
If by circumstances special them expenses originated by the displacement exceed the amount of the diets, the excess must be paid by the company, prior knowledge of the same and with rear justification of them workers.
Right to diet is not acquired when the works are carried out on local belonging to the same industry in which no provision of routine services, if they are not located at a distance exceeding 15 kilometres from the locality where the industry is located. In the event that exceed this distance diets is not meritarán when the localities in which pay is eventually work turns out to be the residence of the worker.
37.2 also is understands by displacement the destination temporary of a worker to a place different from their Center usual of work.
Companies can move their workers up to a limit of one year.
Companies freely appoint workers who need to move, when the target does not require you to spend the night away from home, or when existing this circumstance does not have more than three months duration.
In cases that displacement required to spend the night outside the home and has a duration of more than three months, companies propose shifting to workers that they deem suitable for carrying out the work and in the event that this procedure does not cover workplaces to provide, proceed to compulsory designation which fulfil the conditions of professional suitability to fill vacancies (, observing the following preferences, to not be moved: a) legal representatives of workers.
(b) physical and mentally handicapped.
Them companies that wish to make any of them displacement that force to the worker to overnight out of your domicile, must preavisarlo to them affected with them following deadlines: deadlines of notices (in hours) according to the duration of the displacement: to = to 15 days.
B = from 16 to 30 days.
C = from 30 to 90 days.
D = more than 90 days.
Place of displacement: A B C D within the same province 24 72 130 SP within the same autonomous community and outside your province 24 72 72 130 outside the region and within the Spanish State 72 72 72 130 (SP = without notice.)
In any case, the notices must be made in writing in case of displacement greater than 15 days.
Them earlier deadlines not will be of application when the displacement come motivated by alleged damage, claims or other causes that require urgency.
Journeys exceeding three months which do not allow to stay overnight at his home, businesses and those affected will agree freely formulas so that workers can return to their homes regularly, which may consist of travel grant of ida and return all or part of the weekends, adaptation to working hours to facilitate periodic visits to your home , grants permits periodic, grant from the displacement of families, etc.
In the cases did not reach agreement on this matter, it will be provisions in article 40.4 of the Statute of workers, having right to a minimum of 4 days of stay in their domicile of origin for each 3 months of displacement, without computing as such the trip whose expenses shall be borne by the employer.
By individual agreement, you can negotiate the accumulation of these days adding, even, to annual leave.
In cases of displacement will be generated to the right, in addition to all of the economic benefits that usually come to sense, per diem and travel expenses that come.
Workers who are displaced outside the national territory, shall pay all costs, such as travel, accommodation and meals. Also, is them will pay the 25% of the value of the diet set in this Convention collective, and the payment is will do in the currency of course legal of the country in which is find displaced; These workers will have right also to a trip to their domicile of origin by every three months of displacement, whose expenses shall be borne to charge of the entrepreneur.
37.3 conditions of displacement: If as a consequence of a shift, when the worker to return to spend the night at his residence, employ more than 45 minutes in each of the movements of back and forth, using the ordinary means of transportation, excess will you be paid in proportion to the wage agreement, except that it came now consuming more than 45 minutes in which case they only refund the difference on this time.
The displaced staff will be linked to the day, hours of work and current calendar in the workplace of arrival. However, on the assumption that the day of work corresponding to their center of origin, would be less than the of the arrival, the excess shall be paid as overtime to not computed for the limit on the number of hours.
Incidents not covered in the previous paragraphs which, as a consequence of displacement may occur in terms of schedule, day, and expenses that are harmful to the worker, will be assumed by the company.
37.4. transfers: Shall be considered as the definitive attachment of a worker at a work center from the company other than the one that had been providing its services, and that requires change of habitual residence.
For economic, technical, organizational or production reasons that justify it, or by contracts relating to the business, the company may proceed to the transfer of employees to a work centre other than the same with finality.
The transfer must be preceded by a period of consultation with legal representation of workers when there are the cases referred to in article 40.2 of the Statute of workers.
In the case of transfer, the worker will be preavisado with, at least 30 days in advance, in writing.
The transfer must be communicated to the representatives of workers at the same time that the affected worker. The worker concerned shall receive a compensatory indemnity equal to 45% of their gross annual perceptions on ordinary day at the time of the change in Center, 25% of them at the beginning of the 2nd year, and 20% at the beginning of the 3rd year, always on the initial basis.
In this case the travel expenses for the worker and his family, will bear the costs of moving furniture and belongings and five diets for each person travelling which make up the family and live with the displaced.
The transferred worker, when the transfer is effective, and change of address, will be entitled to the paid leave provided in annex 0.
Notified of the transfer decision, the worker is entitled alternatively a: to) choose to transfer receiving compensation for costs provided for in this article
(((b) opt by the extinction of its contract, perceiving a compensation of 20 days of wage by year of service, prorating is by months them periods of time lower to a year and with a maximum of 12 monthly payments c) if not chooses by it option b), but is shows non-conforming with it decision business, and without prejudice of the enforceability of the transfer You can challenge the business decision before the competent court.
They will not apply the cases referred to in this article in cases of transfers produced that comply with any of the following circumstances: to) the carried out within the same municipality.
b) the made less than 35 kilometers from the originating Center, for which he was initially hired, or which was subsequently transferred definitively.
(c) made less than 35 kilometers from the place of residence of the worker.
37.5 displacement and voluntary transfers: in movements and transfers produced at the request of the worker, as well as changes of residence wiil voluntarily, not shall the compensation and rights regulated in this agreement.
37.6. special cases: in terms of geographical mobility, it will not be affected by legal limitations or provisions of these articles, except in matters of compensation economic to proceed that apply, workers who perform functions that geographical mobility involves a characteristic of its function, such as personnel transportation, Assembly, commercial or similar.
37.7. other cases of transfers.
1. in cases of transfer of the center of work or an autonomous production unit of the company that exceeds the limits established in article 37.3, it will be to that company and employee representatives agree.
2. in other cases of collective transfers, likewise exceeding the limits set in article 37.3, shall apply to company and employee representatives agreed, serving as reference provisions for individual transfers in this chapter.
CHAPTER VI time of work article 38. Day.
The duration of the ordinary day's work in all areas of the present collective agreement will be of 1,752 hours per year, for each of the years from entry into force of the Convention.
Article 39. Distribution of the day.
1. companies may distribute the day established in the previous article, throughout the year using criteria of setting uniform or irregular. Affecting the uniformity or irregularity well the entire template or form different sections or departments, for seasonal periods of the year according to different work loads and displacements of the demand forecasts.
The calendar work is drawn up before the 31 of December.
Distribution of the day made in the preceding terms shall set and publish before 31 January of each year. However the company may, by production needs retraining, only once throughout the year, the uneven distribution of the day agreement with legal representatives of workers with at least 20 days in advance. This agreement should be achieved within the period of 15 days following the communication by the company of the need to retrofit the uneven distribution of the day. In case of disagreement concluded this period, applies the proposed by the company, without prejudice to a subsequent amendment agreement, and without prejudice to the possibility of challenging the decision before the competent administrative or judicial bodies. Once published the calendar, any modification of it purporting to be implemented must be carried to effect in accordance with articles 34 and 41 of the workers statute except as set out in the fourth paragraph.
To the previously referred object is understood as regular or uniform day that emerges from a working day of 8 hours distributed Monday to Friday watching the annual calendar working days without that in any case it does not exceed the annual maximum day established in the preceding article.
Simultaneously shall be considered regular or uniform day the resulting from the division of the annual Conference established in the preceding article among the working days for each of the years from entry into force of this Convention.
2. when an irregular distribution of the day is practiced by the company, shall be limited this to the bumpers minimums and maximums of distribution following: in daily calculation shall not exceed a minimum and maximum of 6 to 10 hours; in computer weekly those limits may not exceed 30 to 50 hours.
3. the minimum and maximum limits laid down in the preceding paragraph in General, can be modified in the field of enterprise and arrangement with the legal representatives of the workers.
4. Likewise enterprises can extend the ordinary day up to a maximum of 74 hours per year. The companies that make use of this ability preavisarán workers with a notice not less than five working days 4 Bis. The entrepreneur will have a bag of 5 days or 40 hours per year that may alter the distribution provided for in the annual calendar, always respecting the maximum day annual and in any case the daily minimum periods provided for by law, to be mandatorily communicated with a least 5 days in advance to the RLT.
5. by agreement with the legal representatives of the workers any other system of organization and distribution of the different day may be established of the regulated here.
You agree by mutual agreement between the company and the legal representatives of the workers, the possibility of establishing the day continued during the summer.
6. the uneven distribution of the day, will not affect pay and worker contributions.
If as result of the uneven distribution of the day, upon expiration of their contract worker had been an excess of hours, which would correspond to a distribution relationship with regular, the excess will be paid in settlements, according to the value of the extraordinary time.
Article 40. Holiday.
Annual leave will not less than thirty days, starting last, your enjoyment, in weekday. These days, at least 22 of them will be working.
The computation for the enjoyment of the holidays will be made by calendar years. During the first year of services it should enjoy the proportional part of vacation accrued before December 31 period.
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 in the period of suspension of the contract of employment provided in the article 48.4 and 48.bis of this law, it shall have the right to enjoy holidays on date different to the temporary incapacity or the enjoyment of the permit application that dele precept corresponded him at the end of the period of suspension, although you have aunque haya terminado finished the calendar year to which corresponds.
On the assumption that the holiday period coincides with a temporary disability for contingencies other than those listed in you previous paragraph which hinders the worker to enjoy them, total or partially, during the calendar year to which correspond the worker may do so one time end their inability and provided that not more than eighteen months have elapsed starting from the end of the year in which have been originated.
The same criteria will apply for cases of dismissal by contract.
When the period of holiday in the calendar of the company, coincides in the time with a disability temporary derived of the pregnancy, childbirth or breastfeeding natural or with the rest by maternity is will have right to enjoy them holiday in date different to it of it disability temporary or to it of the enjoy of the permission that you appropriate, to the end such period Although he finished the calendar year to which correspond.
Article 41. Breaks.
The day of work established in article 38 will be distributed from Monday to Friday, except for companies that work to shift and maintenance activities. Weekly rest, as a general rule, will be two consecutive days in these companies.
CHAPTER VII conditions remuneration, compensation and supplemented article 42. Economic structure.
Economic earnings of workers affected by this Convention will be made up of remuneration of wage and non-wage.
As annex to this Convention is established for each professional group pay daily or monthly, and yearly.
Article 43. Wages.
Salary pay are economic compensation of the workers in money or in kind received by the professional provision of labour services employed.
1. concepts that include wage earnings.
(a) base salary.
(b) wage supplements: personal.
Quantity or quality of work.
Complements of Convention.
Plus consolidated aglomerista.
2 don't wage supplements: benefits and allowances of these assimilated or Social Security.
Them compensation, compensation or supplemented by expenses that had of make is by the worker for the realization of its activity labour, such as tools, clothes of work, expenses of travel or locomotion, stay, etc., as well as any other of this or similar nature u object.
Compensation for closures, displacements, suspensions or dismissals.
Article 44. Accrual of wages.
The wage base, the extra payments and vacation they will bear by natural daylight and the rest of the wage supplements per day of work effective, according to modules and amounts established in the Convention, and where appropriate, collective agreements of company, all attending a normal activity.
Article 45. Payment of the salary.
The liquidation and the payment of the wage is will make documented by receipts of wages that is adjusted to them standards force on the matter, in which include all them data of identification, according to OM 27-12-1994 and them concepts accrued by the worker duly specified.
Wages shall be paid for vanquished periods and monthly, within the first four working days of the following month of its accrual.
Firms are entitled to pay fees and advance payments by cheque, transfer or other form of payment through banks and financial institutions, after communication to the legal representatives of the workers.
Payment or signing of receipts attesting to it, shall be carried out within the working day.
The worker, and with your permission your representative, is entitled to perceive, unless the designated day for the payment and only once a month, advance payment on account of the work already done. The amount of the advance may be up to 90% of the accrued amounts.
In the time of the payment of the wage, or in your case advance to has, the worker will sign the receipt corresponding and is you will deliver copies of the same.
Article 46. Wage base.
Base salary means the part of worker remuneration fixed by unit of time without attending to personal circumstances, job, by quantity or quality of work, or higher per month periodic expiration.
The amount of base salary will be that specified, for each of the occupational groups, the pay table of the present Convention, or in his case, those laid down in the conventions of company.
Article 47. Ordinary time wages.
Ordinary time wages means the quotient obtained by dividing the annual salary of each respective professional group, by the number of annual hours of work.
Article 48. Add-ons by place of work.
They are those wage supplements that the worker must be perceived by reason of the characteristics of the job or how to perform its professional activity, which involves different current work conceptualization.
Is considered accessories of since of work among others those of arduousness, toxicity, endangerment or night.
These add-ons are functional in nature, and their perception depends solely on the exercise of professional activity in the assigned stand, so it will not have consolidatable character.
Article 49. Complement arduousness, toxicity or danger.
1. to them workers that have that perform tasks that are exceptionally painful, toxic or dangerous, must pay is you an increase of the 20% on its wage group. If these functions will be carried out during the half day or less time, the gain will be 15%, applied to the time actually worked.
2. the quantities equal to or greater than the increase specified in this article that are established or to be established by companies, will be respected provided that they have been granted by the concepts of exceptional arduousness, toxicity or danger, in which case payment of the increases set out in this article shall not be enforceable. Nor will they come obliged to meet these increases, companies that have them included, in equal or higher amount, in the salary of job qualification.
3. If for any reason they disappeared the conditions of exceptional arduousness, toxicity or danger, leave paid allowances indicated not having both consolidatable character.
4. those collective agreements of origin having the entry force of this recognized an increase in upper will keep you as the most beneficial condition.
5. Notwithstanding the provisions of the preceding paragraphs, in application of the law of prevention of occupational risks and by the will of the signatory organizations, is always prioritize the Elimination of toxic, hazardous or arduous jobs.
Article 50. Supplement to shift.
Those workers who are affected by production processes continued during the 365 days of the year, and are undergoing shifts involving their ordinary activity, even on Saturdays and Sundays, and only in these cases, therefore shall accrue to a supplement of 15% of their salary group.
Article 51. Night supplement.
Hours worked during the period between 22:00 hours of the night and in the morning 06:00 hours remunerated called complemented by night whose amount is set at an increase of 20% of salary group that corresponds according to the salary tables of this Convention.
The night supplement shall be paid entirely when the work day and night time are a coincidence more than four hours; If the match out of four hours or less to this time it retribution to pay will be proportional to the number of hours worked during the period night.
They excepted from the provisions of the preceding paragraphs, and therefore there will be no place to financial compensation in the following cases: contracts made for works believed to be by their very nature night such as: guards, doormen, serene or similar that they were hired to develop its functions during the night.
Staff working in two shifts when the coincidence between the day and night time is equal to or less than an hour.
Those collective agreements of origin having the entry force of this recognized an increase in upper will keep you as the most beneficial condition.
Article 52. Add-ons by quality or quantity of work, raw or incentives.
Are those add-ons wage that must perceive the worker by reason of a better quality or greater quantity of work, go or not United to a system of retribution by yields.
They will no longer be perceived when its omission, therefore, not consolidated.
In enterprises where is implanted or they implant a system of incentives to production, these snap-ins cleared together with the wage set per unit of time.
Article 53. Extraordinary bonuses.
Extraordinary bonuses, wage supplements of higher monthly periodic expiration are considered.
Lower level collective agreements will adapt the structure of these supplements, in accordance with the following criteria: established two extraordinary bonuses with the designation of summer pay and pay for Christmas, which will be paid, respectively, before June 30 and 20 December, and it will bear for natural semesters, and for each calendar day in which is has earned the wage base.
Accrual of payments: pay for summer: from January 1 to June 30.
Christmas pay: from July 1 to December 31.
The amount of these plug-ins will be that you specify for each of the occupational groups in the annexed table, increased when appropriate, with the consolidated age established in the second transitional provision.
To the personal that enter or cessation in the company is you will make effective the part proportional of them bonuses extraordinary according to them criteria earlier, in the time of make the liquidation of their assets.
Article 54. Remuneration of the holiday.
1 it retribution to perceive by holiday will understand the average of it all of them remuneration wage perceived during the quarter natural immediately previous to the date of enjoyment of them holiday, except for them hours extraordinary and bonuses extraordinary.
2nd them workers that cease during the course of the year, will have right to, in the liquidation that is les practice to the time of its low in the company, is integrate the amount of the remuneration corresponding to the part of holiday earned and not much enjoyed.
3rd on the other hand, and in the voluntary cease-fires, if the worker had enjoyed their holiday, the company may deduct settlement that they practice the part corresponding to the days of excess enjoyed, according to the time of effective work during the year.
Article 55. No wage supplement.
You will understand as complements non-wage compensation or supplemented by expenses that have to be performed by the worker as a result of their work, such as diets, mileage, compensation, etc.
Article 56. Diets/average allowance and mileage.
1. the diet is a concept of accrual extrasalarial of nature compensation or compensatory, and irregular character, which aims to redress or compensation of expenses for maintenance and accommodation of the worker caused as a result of the situation of displacement.
2. the worker shall receive complete diet when, as a consequence of displacement, not to spend the night in his habitual residence. Always it is accrued by natural daylight.
3 earn average diet when, as a consequence of displacement, the worker concerned may have need for food outside their habitual residence was not provided him by the company, and you can spend the night in the aforementioned residence. The average diet accrue per day of work.
4. the diets or middle diets is levied always with independence of the remuneration of the worker.
5. not be accrued diet or half diet when the entrepreneur organize and coast it maintenance and accommodation of the worker displaced.
6. the amount of the diet complete and of the media diet will be set in the tables of this Convention.
7 exception regime laid down in this article, and the planned amounts in the tables of this Convention, call diet field, which aims to compensate workers in factory engaged in the season takes off, in the field, such as corkage, stacking, refugado, weighing, loading trucks, etc. The company will pay half diet, when the worker has to make a meal and do not need to spend the night outside their home. When workers have to spend the night in the field, the company will facilitate worker installation with sufficient habitability and, in this case the company paid the so-called «diet of field».
8. shall accrue the plus of mileage, in the amount established in annex to the present text, those workers that used by mandate of the company, its vehicle particular for purposes of the company.
Article 57. Complementary to the Social Security compensation.
(1. them workers affected by the present Convention will have right to perceive compensation complementary to the benefits of Security Social, in them alleged that is detailed: to) in case of death derived of disease common or accident not labour, a monthly payment of the wage real.
(b) in case of death, absolute permanent disability or great disability, resulting from accident at work or occupational disease, the amount of forty-five thousand euros (45,000 euros), for the whole period of validity of the present agreement.
In them alleged of death, the compensation is paid to who or who the worker deceased had declared beneficiary, and, in its defect to the spouse, children, father, brothers and others heirs legal by that order.
In terms of effects of the causal event posting date it will be, in any case, the date that had occurred in the accident in case of death or declaration of invalidity by the corresponding body of the Social Security.
The date of entry into force in the application of the compensation will be thirty days from the publication of the Convention in the official Gazette.
2. plug-ins of temporary disability. (The company will complement from the first day the wage of the worker in situation of disability temporary, until the 100% of the same, in them following alleged: to) when the disability temporary derive of accident of work or of disease professional, whenever the index of absenteeism derived of IT by accident of work or disease professional not exceed the 1.75% collectively in the company and the 3.75% individually. These percentages shall be calculated on the basis of the above absenteeism for the immediately preceding year and on the basis for the year 2015 indexes of the year 2014.
These indices will be published in the plank of announcements of the company and referred to the Commission joint during the month of January of each year natural. Failure to comply with this requirement will involve the payment of 100% without taking into account previously expressed indices until compliance is given to such a requirement.
(b) temporary incapacity resulting from accident non-occupational illness or common, provided that the worker has been hospitalized without interruption as a result of the accident or illness for a period of at least 10 days.
(c) when is the temporary incapacity declared at risk during pregnancy.
In any case, is shall comply with the conditions more beneficial derived of them conventions of field bottom of provenance of them workers that enjoyed of such right with prior to 1 January of 1996.
CHAPTER VIII training professional them organizations signatories of the present Convention, are aware of the need of enhance it training professional for the employment of them workers in the sector, and agree to incorporate to the same the content of the present chapter, as best formula of organize and manage them actions of training professional for the employment that is promote.
In this matter, the parties refer to how much is available in Royal Decree 395/2007 of 23 March (BOE of 11-4-2007), which regulates the subsystem of vocational training for employment.
Article 58. Material scope.
They will be subject to the scope of these standards, all training plans aimed at workers whose activities are included in the functional scope of the same according to article 1 of the Royal Decree 395/2007 article 59. Initiatives training organizations signatories of this agreement, as well as the integrated in lower areas and enterprises and workers in the sector may apply for funding for the development of training initiatives referred to in article 4 of Royal Decree 395/2007, of 23 March, with the requirements contained in this standard and its development agenda.
Article 60. Forms of training and individual training permits.
(a) enterprises may choose any of the training modalities referred to in article 8 of Royal Decree 395/2007 of 23 March.
However, the company must submit to the legal representation of workers, and information does not exist, the necessary conformity of affected workers training actions that implant, in accordance and in the terms provided for in article 15 Royal Decree 395/2007, of 23 March.
Refers to permit individual training, in accordance with the provisions of article 12, paragraph 3 of the Royal Decree 395/2007, that whereby the company entitles a worker to carry out a training action that is recognized by an official accreditation, including the corresponding titles and certificates of professionalism that make up the training of the national vocational qualifications catalogue offer in order to promote their professional development and staff, also these permissions may be used for access to the processes that establish the rules governing the recognition, evaluation, and accreditation of competencies and professional qualifications acquired through work experience and other non-formal and informal learning. Consequently, the number of hours of permission granted to the worker for his training may be offset it company with charge to your additional credit training for employment.
For to be beneficiary of such permissions individual of training, must attend, of form cumulative, them following requirements: workers salaried that lend their services in companies private or entities public business that listed to it security social in concept of training professional, and have retrieved of the company the concession of said permission.
They may participate equally in the formation of demand workers welcomed to regulation of employment in their periods of suspension of employment by authorized record, the permanent-intermittent workers during their periods of no occupation and workers accessing the unemployed when they are in formative period.
The training referred to in individual permits must be recognized by an official degree, or through an official accreditation including vocational titles and certificates of professionalism, as well as any other accrediting competencies to the exercise of an occupation or trade. Official accreditations are those which, while provided for in the State regulations have been issued by the competent authority and published in the official bulletin. Official qualifications are those qualifications that have been issued by any public administration, published in the «Official Gazette» and valid in all of the Spanish State. Also, is considered including them courses University that have the consideration of titles University own by resolution of the Board of Government or Council social of the University corresponding.
The refusal of the authorization of the permit from the company must be motivated by reasons organizational or of production and will be communicated to the worker.
The training should be directed both to the development or adaptation of the qualifications technician of the worker as to their training personal.
Training actions that do not correspond to the classroom training are excluded from the training permit. However, the face-to-face part of those carried out through distance shall be allowed.
In any case, for the correct interpretation and application of the above criteria, the provisions referred to in articles 5 and 12 of Royal Decree 395/2007 of 23 March shall be taken in sight.
Article 61. Sectoral joint training Commission.
Under cover of the provisions of article 35 of the Royal Decree 395/2007, of 23 March, constitutes the sectoral joint Commission of formation of State-level, consisting of four representatives of the trade union organizations and four business representation signatories of this Convention.
These organizations will act in the joint sectoral Committee through individuals who shall be entrusted to the representation of those and, on its behalf, shall exercise the right to vote.
Duration and termination. (Them members of the Commission joint sectoral exercise it representation by the period of validity of the present chapter, can cesar in his charge by: to) free reversal of them organizations that them chose.
(b) by waiver or personal decision.
In any of the assumptions of cessation, proceed immediately to replace the Member of the joint sectoral Committee, whose purposes within the fifteen days following the cessation the reappointment shall be notified by the organization concerned.
Registered office. The Joint Commission will have its registered office either at the MCA-UGT headquarters (Avenida de América, 25 5th floor 28002 Madrid) and Comisiones Obreras of construction and services (C/ Ramírez de Arellano, no. 19, 2nd floor 28043 Madrid), and can freely move your home from any other, sufficing to do this the agreement of the parties.
Permanent Secretariat. There will be a permanent secretariat which is responsible for the administrative functions of a body of this nature, whose address will be specified in the previous point. (In concrete, the functions of this secretariat will be the following: to) convene to them parts with, at least, seven days of advance.
(b) give input and distribute to the members of the Commission the requests and consultations received.
(c) keep the record of the agreed minutes and RID certification of their agreements.
(d) many others are entrusted them by agreement of the sectoral joint Commission, for its best performance.
The joint sectoral Committee meetings. The joint sectoral Committee shall meet at the registered office of the same, on a regular basis once every quarter and with extraordinary character, when one of the Parties requests it.
For each meeting organizations shall elect from among its members a moderator.
The Secretary will raise the agreements adopted Act.
The Permanent Secretariat of the same will be calls for the joint sectoral Committee. Calls it will study through certified letters, fax or any other means proving irrefutably its sending and receiving, seven days, at least in advance that the meeting should be held.
Meetings that are urgent in nature, may be called with a minimum 48 hours in advance. In the call must appear day, hour and place of the meeting, as well as those Affairs to treat.
In first call, joint sectoral Committee shall be quorate when attend the meeting, present or represented, three-quarters of all members of each of the representations.
In second call, which will be automatically held half an hour after the first. Just the personal assistance or representation, of half plus one of the members of each of the representations.
The representation only can confer is to another Member of the Commission joint sectoral and there will be of make is by written.
Adoption of agreements. The decisions of the Joint Committee shall be adopted by joint agreement of both parties (business and Trade Union), requiring, in any case, the vote of the majority of each of the two representations. Such agreements shall not be effective until the approval of the Act showing.
The joint sectoral Committee shall have, among others the following functions: to) intervene in the event of discrepancies arising in relation to the provisions in article 15.5 of Royal Decree 3957/2007 of 23 March.
(b) meet the professional training carried out in their respective fields.
(c) fix orientative criteria and the General priorities of the sectoral training offer directed to workers.
(d) participate and collaborate in activities, studies or investigations of a sectoral character and make proposals in relation to the national system of classifications of training and national reference centres for their respective fields.
(e) draw up an annual report on training corresponding to their areas.
(f) meet the expected grouping of companies in its sector in article 16.2.
(g) any others assigned to him by the rules of development of this Royal Decree.
It authorizes the Joint Commission sectoral training so that it dictate how many standards are coming in order to achieve the optimal management of resources for vocational training in the sector.
Article 62. The times used in vocational training for employment.
For those workers who attend face-to-face training activities, 50% of the hours requiring that action will be within the working day, or will they be deducted in that percentage, whenever the following conditions occur: the company may refuse the assistance of a worker to a training action, by reasoned decision, due to technical, organizational or production.
In case of refusal the worker may be made before the joint sectoral Committee to this mediate in resolving the conflict.
50% of the hours by the company will result in an annual maximum of 30 hours per worker, can be distributed in one or more training activities.
The worker applicant must have exceeded the period of test and have, in all case, an old minimum of a month in the company.
During the hours training to charge of the company, the worker will have right to the salary that you would correspond as if was working in time ordinary.
It worker there will be of accredit to the company the assistance to the corresponding action training.
Article 63. Of those resources for the training.
The application of it regulated in this chapter on training professional for the employment is subject to the existence of availability budget.
CHAPTER IX permits, licenses and leave article 64. Permits and licenses.
It worker, prior notice and justification, may leave is of the work, by the time and in the conditions established in the annex 0, table of permissions and licenses.
The notice will always be compulsory, except for cases and exceptional and unforeseeable situations that do not permit notice of absence, in which case will be credited at the time enough.
The effects of permits and licenses will be extended also to couples in fact formally constituted.
Maternity: 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 delivery in the event of adoption and foster care, the suspension will last for sixteen uninterrupted weeks, extendable in the event of adoption or foster care multiple in two weeks for each child from the second.
Paternity: In case of birth of a child, adoption, or foster care, workers are entitled to the suspension of the contract for 13 consecutive days expandable in case of childbirth, adoption or foster care multiple in two days more for each child from the second. Worker shall inform the employer in advance of 15 days the exercise of this right.
Breastfeeding: Workers, nursing for one child under nine months shall be 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 multiple births. Who exercise this right, of their own volition, can replace it by a reduction of half an hour on his normal day with the same purpose either accumulate it in whole days. In the latter case the number of days to enjoy, by total accumulation will be 12 working days.
Article 65. Forced leave of absence.
The compulsory leave, shall be granted by designation or election for a public or Trade Union position which hinders work assistance, and will give rise to the right to the conservation of the job. The reentry will be requested within the month following the cessation of the post public or trade union, lose this right if this period has elapsed.
Article 66. Unpaid leave.
1. the employee with at least one antiquity in the company of a year is entitled to is to recognize the possibility of placed on unpaid leave for a period not less than 4 months and not more than five years. This law only may be exercised again by the same worker if four years have passed since the end of the previous leave.
Over worker retains only a preferential right to re-entry on vacancies of same or similar category to yours that had or occur in the company, whenever you request it with, at least one month prior to the end of the leave of absence.
2. 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 cases of foster care although these are provisional, both permanent and pre-adoptive, counting from the date of birth or, where appropriate, the judicial or administrative decision.
They will also be entitled to a period of leave of not more than two years, workers to attend to the care of a relative, up to the second degree of consanguinity or affinity, 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 which period you 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 section 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 15 months in the case of a large family of general category, and up to a maximum of 18 months if it's special category.
Article 67. Provisions common to the leaves of absence.
1. in them sabbaticals in that concur it circumstance of temporality of the contract, the duration of the same not is will see altered by the situation of leave of the worker, and for get to the term of this during the course of the same, is terminate said contract prior its denounces preavisada in the term minimum of 15 days, except Pact in contrary.
The breach of the term of notice from the entrepreneur, will mean exclusively the obligation of compensate economically to the worker in the amount of them days of lack of notice, to the time of its liquidation.
2. during the period of leave, the worker, in no case, may provide services that entail a concurrency unfair with relationship to the company. If so it did, will lose automatically his right of re-entry.
CHAPTER X regime disciplinary article 68. Fouls and penalties.
Is considered missing labour all action u omission of which is responsible for the worker, that is produce with occasion or as consequence of the relationship labor and that constitutes a breach serious and guilty of their obligations.
Them failures is graduate attending to its importance, significance, voluntary and malice in your Commission, in: minor, serious and very serious.
Article 69. Faults minor.
1. the failures of punctuality in the assistance to the work, without cause justified, of a to four fouls in the period of a month or of thirty days natural.
2. not studying in the time timely the communication corresponding, when is are missing to the work by reason justified, unless is try the impossibility of do it.
3. the abandonment or absence of the job, without prior notice or authorization, albeit for a short time. If as a result is would result in any damage to the company or outside cause of accident colleagues work, it shall be considered as serious or very serious.
4 small oversights in the conservation of material, equipment, tools and installations, except that this impact on the operation of the service, in which case can be considered as serious or very serious.
5. do not attend the public with due diligence and correction.
6. not to inform the company of changes of address.
7. discussions on matters extraneous to the work within the premises of the company or for any act of service. If it occurs with notorious scandal can be considered as serious or very serious.
8 failure to comply with rules on safety and hygiene at work or occupational health, not involving serious risk to the worker or to your colleagues or third parties, that given these circumstances shall be considered as serious or very serious depending on the case.
9. the occasional drunkenness.
10 change, watching or stirring cabinets, lockers, or personal effects of coworkers, without due authorization from the interested parties.
Article 70. Serious offenses.
1 claim false reasons for obtaining licenses or permits.
2 stay in areas or places other than those that must be its usual job without cause that justifies it or without being authorized to do so.
3 found in the local work, outside working hours.
4. more than four truancy of punctuality in attendance at work, during a month or thirty calendar days, sufficing two failures if it harms another worker.
5 miss work from one to three days during the period of one month, without just cause. If the failure is one day, the shall be imposed in their pod (from 1 to 6 days of suspension), two days missing in its middle third (of 7 to 13 days of suspension), and three days, missing its top third (from 14 to 20 days).
6. not communicate with due diligence the family alterations that may affect administrative processes or social benefits. If you mediate any malice will be considered as very serious.
7 to simulate the presence of another worker in the company by any form.
8. the negligence at work that affects the operation of the same.
9. the reckless in the work, that if particular risk of accident to workers or others, or danger of damage to machinery, tools or facilities, can be considered very serious.
10. the assistance reiterated to work in a State of intoxication or drug addiction.
11. the recidivism in lack light within a quarter, when sanction in writing of the company.
12. do not warn and adequately instruct other workers that have some relationship of authority or control of the risk of work to run and the possible way to avoid it.
13 transit or allowing transit through dangerous areas or places carrying useful ignition, as well as locations exposed to the risk of fire.
14. the lack of stealth professional reporting data, reports or records that may cause injury of any kind to the company.
15. any misrepresentation or inaccuracy deliberate in the parties or working documents, or refusal to its formalization, as well as providing false information to the management of the company, or to his superiors in relation to the work.
16. the unwarranted delegation of functions or work in staff lower work range or not qualified for its realization.
17. the acceptance of gifts or gifts for dispensing service preferential treatment.
18. the voluntary decrease in performance of the normal work.
19. the cases of temporary disability or accident simulation.
20. do not inform with due diligence to their bosses, the entrepreneur, or who represent any anomaly that note in facilities and other useful, tools, machinery and materials.
21 oversights of importance in conservation, cleaning or use of materials, machines, tools and facilities that use the worker.
22 use the company telephone or telematic lines for communication, internet or e-mail, for particular matters, without authorization. The use of such means, to the legal representatives of the workers in the exercise of their functions of representation is expressly permitted.
23 make use of mobile phone during the workday, without the prior express consent and for each particular case.
24. the use of radios or music players with headphones in ear.
Article 71. Very serious offenses.
1. the continued or persistent disobedience at work.
2. more than ten truancy of punctuality in work attendance, committed over a period of three months, or 20 for six months.
3. the fraud, it disloyalty, or the abuse of confidence in them steps assigned, as well as the theft or theft both to the company as to them companions of work or to third person, within them facilities of the company or during the development of its activity professional.
4 jobs, without appropriate permission, particular during the working day, as well as employing useful tools or materials for their own use.
5. maliciously, make disappear, disable, destroy or damage in materials, tools, tooling, equipment, facilities, vehicles, buildings, belongings and even the company's documents.
6. the conviction by final judgment for crimes of robbery, theft, rape or sexual abuse, as well as any other crime that could imply mistrust of the company with respect to the author, even if these have been committed outside the company.
7. the drunkenness or drug addiction common during the work that impact negatively on the work.
8 violate the secrecy of correspondence or reserved documents of the company.
9 reveal details of obligatory reserve elements foreign to the company.
10. engage in professional activities, on their own, in competitors, without timely and express authorization.
11. the ill-treatment of Word or work or serious lack of respect and consideration to superiors, peers or subordinates.
12. the recklessness, negligence or breach of them standards u orders on security and hygiene in the work, when by this is produce serious risk for them workers or damage to them facilities.
13 cause unavoidable accidents from negligence, carelessness or recklessness or serious danger for companies.
14. the non-use of the means or materials on prevention of risks of work accidents, provided by the company.
15 leave job responsibility or when this will cause serious prejudice in the productive process, significant deterioration of serious danger for people or things.
16. the decrease in voluntary and continued in the performance normal or agreed.
17. the recidivism in serious misconduct, although of a different nature, within a period of six months, provided that it has been sanctioned in writing.
18. the lack of assistance to the work not justified by more than three days, in the period of a month or of 30 days natural.
19. the Commission of errors repeated and intentional, that may cause damages to the company.
20. the issue maliciously or recklessly, knowing that they are not accurate or erroneous reports.
21 smoking areas or facilities of the company, that are not authorized expressly for this purpose.
Article 72. Graduation of the sanctions.
1. them sanctions that may impose them companies in each case, is graduate attending to it gravity of it lack committed, can be the following: by fouls mild: admonishment verbal.
For serious misconduct: Suspension of employment and salary of 1 to 20 days.
By very serious misdemeanours: Suspension of employment and salary of 21 to 90 days.
2 for the application and graduation of sanctions that above in point 1, shall be taken into account: to) the greater or lesser degree of responsibility which commits the foul.
b) the Professional category of the same c) the impact of the fact on other workers and the company.
3. prior to the imposition of sanctions for serious or very serious misconduct the workers who have the status of legal representative or trade union, will be instructed them contradictory record by the company, which shall be heard, apart from the person concerned, the remaining members of the representation to which it belonged, if any.
The obligation to instruct the contradictory record mentioned above, extends until the year following the ceasefire in the representative office.
4. in those cases in which the company intends to impose a sanction on workers affiliated to a trade union shall, prior to the imposition of such a measure, to give audience to stewards.
5. the enforcement of sanctions imposed for offences provided for in the articles 70.10., and 71.7. º of the Convention, will be suspended, when the worker credit assistance and follow up rehabilitation therapies to a Center officially enabled for the treatment and cure of alcoholism and drug addiction. This suspension of the fulfilment of the penalty will rise, if you leave or rehabilitation program was not completed. In no case suspend the enforcement of the sanction in cases of recidivism in the same lack.
CHAPTER XI safety and health in the work item 73. Explanatory statement.
The signatory parties of the present Convention are aware of the need to carry out an operational policy on the prevention of occupational risks, adopt the measures necessary for the Elimination of the factors of risk and accident in enterprises, promotion of information workers, the training to them and especially its representatives.
The integration of prevention at all levels of the company involves the attribution to all them and the assumption of the obligation to include the prevention of risks in any activity that carry out or order, and decisions taken at all levels and production processes.
For this reason, we understand necessary improvement and adaptation of the LPRL and regulations extending it to the specific circumstances of the companies that includes this agreement.
Article 74. Joint Committee on occupational health and safety.
It is the sectoral joint Commission of occupational safety and health which will be composed of four representatives of the trade unions (Comisiones Obreras of construction services and MCA-UGT) and four business representation (AECORK) signing this agreement.
Its functions are the following: interpretation and monitoring compliance with and interpret the contents of this chapter.
Perform studies, analysis and diagnostics of the conditions of work, damage of it health, and implementation of the activity and management preventive in the field sectoral. You can also make proposals for action on the resulting findings of the same.
Develop proposals, develop and manage projects or sectoral actions to institutions and public or private foundations.
Mediate in enterprises, on request of the parties, in the field of safety and health at work.
Any others are considered by agreement of the Commission itself.
For the better development of activities parties may appoint advisers that they deem necessary.
Article 75. Planning of preventive action.
The entrepreneur will develop an action permanent in matter of prevention of risks labour with subject to the following procedure: 1. identification of risks.
2. Elimination of the same.
3. evaluation of those risks persistent.
4. planning of the activity preventive.
It entrepreneur held controls periodic of them conditions of work and of the activity of them workers to monitor the fitness of them actions planned in the Plan of prevention of risks labor and for detect situations new potentially dangerous.
Them delegates of prevention will be informed prior to the realization of them controls previously indicated.
(The planning of it activity preventive must collect them requirements relevant referred in it legislation existing of application so that is put of manifesto: to) that the prevention of risks labour is has integrated in the system general of management of the company, both in the joint of their activities as in all them levels hierarchical of this.
(b) that you have been identified hazards and assessed the risks to which they are exposed workers in the workplace, both in relation to work equipment and work environment.
(c) that the conception and use of them teams and places of work are safe, in accordance with the principles of the action preventive established in the article 15 of the LPRL.
(d) that is has planned a proper management and maintenance of them teams of work to the object of that the security not is degraded.
(e) that is have integrated in the activity preventive them measures of emergency and surveillance of the health, planned in the articles 20 and 22 of the LPRL.
(f) that is control periodically them conditions, the Organization, the methods of work and the State of health of the workers.
(g) that is have planned and scheduled it training, information, consultation and participation right of the personal, in matter of safety and health.
(h) measures to ensure the coordination of business activities in the workplace are provided.
(i) that adequate measures are planned to eliminate hazards and minimize the risks, to achieve the objectives set by labour legislation.
(j) that the structure, dedication of staff, means of prevention bodies and economic means, are adequate and sufficient for preventive activity.
In any case, the Plan must register all them incidents on security and health that is produce in the life of the company, as well as them controls periodic of them conditions of work and of the activity of them workers, them measures in matter of safety and health, and them results of them assessments or audits of the system of management of prevention of risks labour.
All approved preventive activity must incorporate the time to carry it out and the provisional measures of risk control. In the event that the period in which such planning should develop cover more than one year, an annual planning should be done.
All workstation at risk of exposure to chemical or physical agents such as heat, dust, toxic, noise, charges, etc., must be evaluated having previously informed the delegates of prevention to facilitate their presence when the employer does not exceed the value environmental limit shall be required to deliver the personal protective equipment to workers who so request.
Article 76. Information.
Information on the General, the inherent risks to the post of work and on the applicable protection and prevention measures, will be carried out with the contents of the risk assessments, written form addressed to each worker and brought to the knowledge of the representation of the workers. Held during the working day and in any case during working hours.
Article 77. Measures of emergency.
The companies in the sector are obliged to have elaborated a system of emergency: fire, evacuation and first aid, with designated, trained staff and resources to respond to these contingencies, taking into account the possible presence of staff from other companies and from people outside and being documented in the Prevention Plan.
The designation of workers affected by this measure should consult representatives of workers or the workers concerned in case there is no this representation directly.
Article 78. Serious and imminent risk.
In the event that a company intended to punish a worker by the stoppage of work on the basis of the assessment of serious and imminent risk, will be the opening of contradictory record which shall be heard, as well as the interested party, legal representation of workers and the health and safety Committee members or the delegate of prevention in their case.
Article 79. Special situations of risk.
Protection of working women: when the change of job to which article 24 of the LPRL makes reference not technique or objectively feasible, or not may reasonably be required for justified reasons, the worker may request the suspension of her contract of employment, with reservation of the post and request Economic Social Security provision.
Protection of workers sensitive to certain risks: when a worker was considered particularly sensitive to certain risks of his job, and there is a free exhibition equivalent post such risks, worker must be intended for a job not corresponding to its group, compatible with their State of health, even though, as a minimum, shall retain the right to set fees from its place of origin.
Article 80. Health surveillance.
Workers covered by the Convention are entitled to monitoring of their health, in charge of the company, directed to detect early possible damages resulting from the risks of exposure. Medical evidence, related to risk assessment, will be therefore specific for the detection of possible alterations in health. Specific activities of deepening, in the form of medical examinations, will be Protocol and in any case related to the work performed.
You will a medical specific initial and chord with the job to play. Medical examinations on an annual basis unless the worker's resignation will be also carried out.
The published by the Ministry of health and consumption are recognized as sectoral medical protocols of forced application.
The result of the review will be notified in writing worker. Medical examinations shall be regarded as working time, in shifts or night workers if this time will be charged to the workday of the day after the recognition of.
It will produce a medico-laboral record for each worker. When the employment relationship ends, this urge prevention service that you provide a copy of your medico-laboral history to which refers article 37.3 paragraph c) of the RD 39/1997 of 17 January, which approves the regulation of the prevention services.
When the duration of the employment contract is less than one year the delivery of medico-laboral history will take place upon request of the worker affected by the extinction.
Data from medical examinations shall ensure the confidentiality of the workers and will be developed by way of statistics for knowledge of the safety and Health Committee or delegates of prevention.
Article 81. Work clothes.
All workers will benefit from clothing appropriate to the weather conditions with spare clothes for, which will be replaced with new ones when necessary. The involuntary deterioration of these items because of the work itself, will lead to the immediate replacement. New workers receive a minimum of two complete sets of garments.
Protection against water and humidity, when the way of working and the circumstances so require, will take place by means of security high rubber boots and rainwear. In the works that develop on the outside, and which affect weather conditions, the companies will provide affected workers, appropriate outerwear.
Work clothes must be consulted before in the safety and Health Committee so chosen that respect the measures of safety and health as well as their better adaptation to each position.
Article 82. Safety and Health Committee.
In the documentation referred to it in article 23 of the LPRL will it be attached forming a whole with the decisions of the Committee of health and safety with his date, scope and implementation time, also observations deemed appropriate by representatives of workers.
The safety and Health Committee meetings will be held monthly and exceptionally serious facts in within 24 hours at the request of any of the parties that make it. In workplaces where there is no obligation to establish safety and Health Committee, will be scheduled mandatory monthly regular meetings with the Director of prevention.
Components of the prevention service, as well as the people who usually perform their work in this area including the staff of the health service be able to attend meetings of this body with the aim of Advisor technically to the Committee.
Article 83. Delegates of prevention.
The entrepreneur will ensure that prevention delegates have a comparable qualification at the basic level in occupational risk prevention as provided for in the regulations of prevention services, as well as which corresponds to your job.
Delegates of prevention will have the same time credit to the legal representatives of the workers to carry out their activities in the workplace, this time will build up at the request of the delegates for the realisation of training courses in the field of prevention and environment.
In any case, them delegates of prevention of the company holder of the Center will attend, and pose before the entrepreneur, all the requests, suggestions or demands in matter prevented expressed by them workers of them companies outside concurrent when them same lack of representation legal or Executive of prevention in said Center.
Them delegates of prevention must have the condition of representatives of them workers, unless, by agreement majority of such representatives, choose to that worker that consider more suitable for the performance of them functions linked to the prevention of risks labour.
Prevention delegates have the added powers of environment, which should facilitate information: abnormal situations that may occur related to the environment, including periodic environmental data that are required for the analysis of these anomalies.
Of the measures to be taken to solve such anomalies.
Agreements and decisions adopted by the competent authorities regarding the Center's work related to these aspects, as well as the effects and measures to realize at all times.
Regional, national or Community legislative development on environment.
The representation of workers may propose initiatives aimed at the improvement of the environmental situation.
Specific training programmes for these subjects that allow a better understanding of environmental issues will be established.
Commitment business of use systems of management environmental, to manage those processes environmental and guarantee of way sustainable the defense of the environment.
Article 84. Training.
Define appropriate within the scope of this Convention in accordance with article 19 of the LPRL theoretical and practical training programs, for each trade and post, whose design and content will be developed by the joint health and safety Committee in accordance with article 1 of this chapter. Specifically defined: to) initial training whose duration is 3 hours minimum, you should collect include: basics and elementary prevention organization.
Elementary prevention techniques on generic risks and prevention.
First aid and plans of emergency.
Rights of participation, information, consultation and proposal.
(b) the specific trades training to all workers whose duration is minimum 3 hours per year: prevention techniques of craft and function.
Media, equipment and tools.
Interference in activities.
Rights and obligations.
Analysis of the accidents produced in the year previous.
(c) preventive training of designated workers, prevention and middle management personnel: for these groups the company will ensure that they have training equivalent to that indicated for the basic level in annex IV of the RD 39/1997.
(d) training for entrepreneur which assume themselves the preventive activity or prevention resources whose presence is required on a permanent basis in the workplace.
The training for these groups will be indicated for the basic level in annex IV of the RD 39/1997 workers immigrants will receive training in a language and manner that is understandable to them, also must be checked that they have assimilated this training.
Training in prevention will be accredited by the joint health and safety Committee in such a way that it allows identifying the workers who have received it, and not duplicate it, even if they change their company provided that both are covered by this collective agreement.
TITLE II of the collective representation of workers article 85. Works councils and personnel delegates.
The Works Council and staff delegates shall have the right to receive information, issue reports and exercise the monitoring work on the matters expressly provided for by current legal standards. Also, enjoy of them guarantees in materials disciplinary, of not discrimination, exercise of freedom of expression and provision of credits schedules provided in the legislation existing.
Article 86. Union-candidate elections.
Workers who are 18 years of age and a minimum of 3 months in the company age, provided that they have passed the trial period, will be eligible in the elections to worker representatives as provided for in the second section, article 69 et seq. of the Statute of workers.
Article 87. Hours credit.
1. the members of the Committee of company and delegates of personal, will benefit of a credit of hours monthly paid, in accordance with the following scale: centers until 50 workers: 20 hours.
51 to 250 workers centers: 25 hours.
251 to 500 workers centers: 35 hours.
Centers starting from 501 workers: 40 hours.
2. the use of the credit of paid monthly hours referred to in the preceding paragraph, is preavisará by the worker concerned or the Trade Union or organisation that appropriate, in good time. In any case, the use of the credit of monthly hours paid for activities planned by the Union, the notice will be sought, made 48 hours in advance.
3 credit hours per month paid by members of the Works Council or staff delegates, may be added to any of the ingredients of the same Union.
4. do not be counted within hours credit previously pointed out, the time spent in meetings convened by the management of the company. Also, it not computed within the credit hours which used on the occasion of the designation as components of negotiating committees or joint of collective agreements nor that of displacement to attend such meetings, when the company is affected by the scope of that Convention.
Fixed hours credit may also be used for the legal representatives of workers attending training courses and other similar Union activities, determined by the Trade Union to which they belong, upon the timely convening and further justification for assistance.
5. the representatives of the workers and trade union representatives, during the exercise of their functions of representation will be perceived the retributive concepts set out in annex I to this Convention.
Article 88. Right of Assembly.
1. workers of a company or work center have the right to gather in Assembly, which may be convened by delegates of staff, Committee of enterprise or workplace, or by number of workers not less than thirty-three percent of the template. The Assembly will be chaired, in any case, by the Committee or the staff delegates, together, which will be responsible for normal development, as well as the presence in the Assembly of persons not belonging to the company. Only issues contained previously included in the agenda may be therein.
2. the President of the Assembly shall inform the management of the company the call and the names of persons not belonging to the company that they will attend the Assembly and agreed measures to avoid disturbances in the normal labour activity with this. When, for any reason, cannot it be joined simultaneously the entire template without disturb or alter the normal development of the production, the various partial meetings that have been held are considered a single and dated on the first day.
3. meetings will be held outside working hours. The Assembly will be knowledge of the management of the enterprise with a minimum 48 hours in advance, indicating the order of the day, people that they will occupy the Presidency and anticipated duration.
Article 89 unions. Trade Union delegate.
1 in those centres of work or company with more than 200 workers, Union representation, staff will hold a delegate, in the terms provided for in article 10 of the organic law 11/1985.
The Union claiming to own right to be represented by personal ownership in any company, will have to prove it before it in reliably, recognizing this, Act followed, the aforementioned delegate representative of the Union for all purposes.
The delegates Union will have them powers, guarantees and functions recognized in the laws or standards that them develop.
2nd the steward shall be a worker who shall be appointed in accordance with the statutes of the Trade Union or central to those who represent and have recognized the following functions: raise fees and distributing Trade Union information outside normal hours of work, and without disturbing the normal activity of the company.
Represent and defend the interests of the Trade Union who represents and members to it, in the workplace, and serve as a communication tool between the Trade Union or Trade Union Confederation and the direction of the company.
Attend to the meetings of the Committee of company of the center of work and Committee of safety and hygiene in the work with voice and without vote.
Have access to the same information and documentation that the company put to disposal of the Committee of company, representing is them same guarantees recognized by the law and the present Convention to them members of the Committee of company, and being forced to save stealth professional in all those materials in which legally proceed.
You will be informed and heard by the company management in the treatment of issues of collective nature in general, affect the workers of their workplace, and particularly to members of his Union working on the UMC.
The steward fit their tasks to the realization of Trade Union functions which are her own, adjusting, in any case, its conduct to the current legal regulations.
3rd Trade Union sections of the most representative trade unions shall have the right to the use of a suitable venue in which to develop their activities in those workplaces with more than 200 workers.
Participation in them negotiations of them conventions collective: to them delegates Union that participate in them commissions negotiating of conventions collective, keeping your bonding as workers in Active of any company, les will be granted permissions paid by them same in order facilitate them his work as negotiators and during the course of the above negotiation, whenever the company is affected directly by the Convention collective of that is try.
Gather is, out of them hours of work and without disturbing the activity normal of the company, with them workers of this that are affiliates to their Union.
Insert releases in them planks of ads, intended for this purpose, that could interest to them affiliates to the Union and to the workers of the Center.
Trade union delegates, provided that no part of the Works Council, will benefit from a provision of fee-charging monthly hours, on equal terms and content than those referred to in article 12.2 of this agreement.
Article 90. Union dues.
In workplaces, request in writing by each of the workers affiliated to the stations or the legally constituted trade unions, companies deduct the amount of the corresponding trade union dues monthly payroll such workers.
The payment of the amount raised by the company will be effective, months overdue, the corresponding Union, by transfer to your bank account.
Companies shall carry out the above-mentioned drawdown, unless otherwise indicated, for periods of one year.
Worker may, at any time, cancel in writing the authorization granted.
Article 91. Union leaves of absence.
Staff with age of four months to exercise or called to exercise a trade union office in provincial, regional or national government bodies of a parent Trade Union, entitled to a forced leave of absence by the time that last charge that determines it.
To access the worker such leave of absence, it must accompany the written communication to the company, the certificate of the corresponding trade union centre indicating the appointment of Trade Union Office of Government for which he was elected.
Forced over worker is obliged to inform the company, within a period not exceeding the month, the disappearance of the circumstances that led to his leave of absence; If not made it within that period will lose the right to re-entry.
The readmission will be automatic and mandatory and the worker will have right to occupy a square of the same group or level, place and since of work that holding before produce is it leave forced.
The time of leave will be calculated as of permanence in the service of the company.
TITLE III voluntary out-of-court procedures for resolving collective disputes article 92. Collective disputes.
Parties to the Convention consider necessary to establish voluntary procedures of settlement of collective disputes.
They will be susceptible of undergoing voluntary procedures for the solution of conflicts, those disputes or labor disputes that understanding to a plurality of workers, or that interpretation, subject to divergence, affecting collective interests. Will have, in addition, character of collective disputes those who, however to be promoted by a single worker, your solution is extensible or generalizable to a group of workers.
Voluntary procedures for the resolution of collective conflicts shall be promoted through the employers associations and Central Union signatory of the present General collective agreement and shall include the following alternative procedure: 1st interpretation provided in the joint mixed Committee.
Such a resolution occur in accordance with the provisions in chapter III of this Convention.
Article 93. Mediation.
The mediation procedure shall not be subject to any preset handling, except for the appointment of the mediator and the formalization of the compromise that, in his case, reach.
The mediation procedure shall be voluntary and shall require agreement of the parties, which shall set forth the contents of divergences, designating the mediator, and pointing out the management or efforts that will focus its function documented. A copy shall be sent to the joint Mixed Commission.
Parties, preferably from among the experts that are included in the lists approved by the joint Mixed Commission will make the appointment of the mediator mutually agreed.
The Commission shall communicate the appointment the mediator, stating also those ends that are necessary for the accomplishment of its mission.
Without prejudice to the provisions of the preceding paragraphs, any party may refer to the joint Mixed Commission, seeking its good offices to promote mediation. Made this proposed, the Commission mixed joint is will lead to the parties in conflict, offering them the mediation.
In default of such request, when exist reasons founded for this, the Commission mixed joint may, by unanimity, according direct is to them parts urging them to request the solution of the conflict through the mediation.
The proposals of solution that offer the mediator to the parties, may be freely accepted or rejected by these. In case of acceptance, the compromise achieved will have the same efficiency that it agreed in Convention collective.
Said agreement is formalised by written, presenting is copy to the authority labor competent, to them effects and in the term planned in the article 90 of the Statute of the workers.
Article 94. Arbitration.
Through the procedure of arbitration, the parties in conflict agree, voluntarily, entrust to a third and accept beforehand it solution that this handed down on their divergences.
The agreement of the parties promoting the arbitration shall be formalized in writing, will be called arbitration commitment and will consist, at least, of the following: name of the arbitrator or arbitrators appointed.
Issues that are subject to arbitration and, where appropriate, criteria deemed of common agreement that they should be observed, as well as time to dictate it.
Date and signature of the parties.
Of this agreement are to be sent copies of arbitral commitment the joint Mixed Commission and, for the purposes of documentation and advertising, to the competent labour authority.
The appointment of the arbitrator or arbitrators shall be free and will be held by impartial experts. The appointment will be held in same manner as indicated for mediators in the previous article of this collective agreement.
Arbitration resolution shall be binding and immediately Executive and resolve, accordingly, each and every one of the issues set out in the arbitration commitment. The arbitration award shall be notified within a maximum period of 10 working days of the appointment of the arbitrator. Exceptionally, and in response to the difficulties of the conflict and its significance, may extend the mentioned deadline, and must, in any case, make the award before the course of 30 days; also, you will be notified the joint Mixed Commission and of the competent labour authority.
The broadcast award may be challenged before the social courts, according to the procedural mode proceed.
The challenge of the award may be based on: excessive in terms of the limits and points that the parties have submitted to arbitration.
The content of the award of some necessary law offense.
Failure to comply with the criteria considered by the parties and transferred at the time the arbitrator for resolution of the arbitration.
The resolution shall deposit, registration, and publication for identical purposes than those provided for in article 90 of the Statute of workers.
The arbitration resolution will have the same efficacy has been agreed in the collective agreement.
Article 95. Common provisions for mediation and arbitration.
Once formalized commitment to mediation or arbitration precedent, Parties shall refrain from urging any other procedures on the issue or subject to the same issues.
When a dispute is submitted to arbitration, the Parties shall refrain from resorting to strike or lockout cause object of dispute while arbitration proceedings.
Mediation and arbitration procedures will be characterized by the principles of contradiction and equality between the parties. The mediator or arbitrator may request the assistance of experts, if necessary.
Mediation and arbitration procedures regulated in this chapter shall have priority with respect to those others that are regulated under the State territorial areas, when the issues and conflicts of a collective nature, arise as a result of the application of this Convention.
For the rest of cases or situations, these standards will be free choice for parties.
Costs resulting in proceedings provided for in this chapter, shall be borne by parties that encourage such action, on the terms agreed between the parties.
Article 96. Adherence to the ASAC.
The signatory parties of the Convention General assume the full contents of the agreement on autonomous solution of conflicts (ASAC), signed by business organizations CEOE and CEPYME and UGT trade union confederations and CC. OO., published in the official Gazette of 23 February 2012, which will develop its effects in the fields of the General Convention of the Cork Sector, with the coverage provided in the own ASAC or which replace it, if necessary.
Article 97. Non-application of the collective agreement.
1. with the aim of establishing the framework that enables a greater degree of stability with regard to employment in the sector, it is necessary to establish mechanisms that will lead to the implementation of those measures which, with preventive and cyclical, to favour him and it by suspending, always on a temporary basis, of the effective implementation of the Convention on certain working conditions.
Such measures shall be aimed at the temporary and effective application of the Convention, all within the established legal and conventional framework.
2 a such effect the failure or suspension temporary, and without prejudice to the provisions of article 82.3 of the E.T., may apply to the following matters set out in the collective agreement of field greater than the company which applies and all of this without prejudice to the provisions of article 41 of the E.T.: to) working day.
(b) schedule and the 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 of the E.T. to functional mobility
3. without prejudice to the envisaged in article 82.3 of the E.T., you can be the failure, in terms regulated in this article, when the company alternately or a persistent decrease in their income level or their situation and economic prospects may be affected negatively affecting the maintenance of employment possibilities; These causes are understood to be that they concur, among other cases, when the «result of exploitation by employee"(i.e. said to been divided between the average number of employees equivalent to full-time in the corresponding period) or 'sales' at the national level of the company in the last financial year or the last twelve months is lower by 12 per cent to the average of the result of exploitation by employee or sales in the corresponding prior fiscal year or 12 months previous to the last taken, considering therefore that there is an objective cause for the failure.
For compensation purposes, in cases of extinctions derived from article 50 of the E.T. or dismissals recognized or declared inadmissible for reasons unrelated to the will of the worker during the non-application of the Convention shall be taken as the basis of the salary which should receive in the event that no is inaplicarse the Convention.
Companies in which there are some of the causes of non-implementation provided for in the preceding paragraph shall communicate in writing its claims to the legal representation of the workers and the Joint Commission of the Convention.
In the alleged of absence of representation legal of them workers in the company, these may attribute its representation to a Commission designated according to it willing in the article 41.4.
The procedure will begin from the communication of the company, opening a period of consultations with the representation of workers or Commission-designate or the unions when they so agree, provided that they join the majority of the members of the Works Council or staff delegates.
This period, which will have a duration of no more than 15 days, will focus on motivating causes of the business decision, and must facilitate the company together with the communication referred to in the preceding paragraph, the following documentation that endorse and justify your request: 1. explanatory memorandum of the causes that motivate the request.
2 budget and account of profit and loss of the two years preceding the request.
3 budget and forecast for the year of the application.
4. report on the situation of financial, productive, commercial aspects and contribution to Social Security and income TAX.
5. companies that do not have to file annual accounts in the register and subject modules targets, will present the documentation to be delivered at Hacienda.
When the consultation period ends with agreement shall be presumed to concur the reasons alleged by the business representation, 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 extend is beyond the moment when applicable a new Convention in this company. Also, the agreement shall be notified to the Commission joint of the Convention collective and to the Authority work.
Derogating agreement may not make non-compliance with the obligations set forth in Convention concerning the Elimination of pay discrimination by gender as well as those established in the field of «day» and «time and distribution of working time» in the law for the effective equality of women and men.
Retrieved agreement will be copy to the Joint Commission of the Convention, in order to keep track of the problems of the sector and review to ensure compliance with the criteria set by the Convention in this section.
In case of disagreement, and once finished the period of consultations, Parties shall send to the Joint Commission of the Convention the documentation provided together with the corresponding report accompanied by allegations that, respectively, have been able to perform.
The Commission, once examined the documents supplied, must pronounce on whether in the applicant firm concur or not any / s of the causes of non-implementation provided for in the preceding article.
If the Joint Committee considers it necessary, it shall obtain the documentation deemed appropriate as well as the relevant technical advice.
The State Commission shall have a maximum period of 7 days to resolve the requested derogating agreements must be adopted unanimously.
In the event that the Joint Committee does not reach agreement, and pursuant to the mandate received by the parties, discrepancies will be subject to binding arbitration, in which case the arbitration award will have the same effectiveness as the agreements on consultation and only may be appealed in accordance with the procedure and where appropriate to the grounds set out in article 91 of the E.T.
For the purposes of the submission to arbitration, will be the Joint Commission that within the period of five days of the expiry of the deadline for resolving forward actions and documentation to the corresponding service Interconfederal mediation and arbitration (SIMA) or equivalent to which acceded in the corresponding field.
According to the above arbitration shall be submitted and dictate with the intervention, formalities and procedure laid down in the existing agreement on out-of-court settlement of disputes and taken over by the existing sectoral Convention State.
Expenses incurred by the members of the Joint Commission had to intervene at the request of the applicant company shall be for account of this, as well as the costs that could lead to the conclusion of the procedure.
Available to transient first.
Arrears arising from the application of this Convention will be made effective by the companies to their workers the following month, at most, of the publication of the Convention in the official Gazette.
Second transitional provision.
I. complement old: will only be entitled to perceive of the complement of seniority, workers who have consolidated the same prior to the January 1, 1996. The amount that will be paid by this concept, will be which had recognized at that date, unless they can increase by any cause. The amounts resulting from the application of this article, will be reflected in payroll with the denomination «consolidated antiquity», as a complement of staff, not being absorbable or compensable, and therefore won't decrease any increase.
II. Plus aglomerista: will only be entitled to the see of aglomerista plus, workers who have consolidated the same prior to the January 1, 1996. The amount that will be paid by this concept, will be which had recognized at that date, unless they can increase by any cause, not being absorbable or compensable.
Third transitional provision. Equality of opportunity.
The social partners in the sector of Cork, assume their commitment to the development and implementation of plans and active policies on equality and therefore incorporate as part of this Convention the next chapter of equality.
Equality of treatment and opportunities: the organisations that signed the Convention deem it necessary to establish a general framework for action at sectoral level to ensure that the fundamental right to equality of treatment and opportunities in businesses is real and effective. Therefore, agree to the following general objectives: the implementation of equality policies through the inclusion of the rights relating to maternity, paternity, conciliation, harassment and gender-based violence.
Promote the use of language not sexist or discriminatory.
Encourage the elaboration of plans of equality in the companies of the sector in order to achieve optimal management of human resources to avoid discrimination, facilitate conciliation and boost real equality of opportunity.
Conciliation: It is a way of organizing the work environment that facilitates the realization of the work and their personal and family responsibilities to men and women.
Companies included in this Convention, shall promote measures to improve the reconciliation of personal and professional life of your templates.
Sexual harassment, on grounds of sex and labor, moral harassment or mobbing:
Companies included in the scope of the Convention, apply a protocol of harassment in order to prevent and eradicate constituent harassment situations and create a working environment that is free of hostile or intimidating behaviour towards the person and ensure their dignity and their physical and moral integrity.
The applicable Protocol will include: definition of bullying behavior, mechanisms of complaint, action and possible sanctions procedure.
Violence of gender: is victim of violence of gender the woman that is or has been object of acts of violence physical or psychological, assaults to the freedom sexual, threats, coercion or deprivation of freedom exerted by his spouse, former spouse or person that is or has State linked to she by a relationship similar of affection, although not had lived. In the case of workers who are victims of gender-based violence, will take place the measures protection provided for in the organic law 1/2004 of 28 December, measures of Integral Protection against gender-based violence.
Plans: companies included in the scope of the Convention, are obliged to respect the equality of treatment and opportunities in the workplace and, to this end, they must adopt measures aimed to prevent any kind of discrimination between women and men, what shall be negotiated with the representatives of the workers.
In companies of more than 250 workers, have one or more job centres, the equality measures referred to in the preceding paragraph should be addressed to the development and implementation of an equality plan.
Plans of the companies are a set ordering of measures, adopted after a diagnosis of the situation, to achieve equal treatment and opportunities between women and men in the company and eliminate discrimination on grounds of sex.
Equality plans shall specify the specific objectives of equality to reach, strategies and practices to adopt to achieve, as well as the establishment of effective systems for monitoring and evaluation of the objectives. Plans may provide, among others, the subjects of access to employment, professional classification, promotion and training, remuneration, hours of work, work, personal and family conciliation and prevention of sexual harassment and harassment on grounds of sex.
First additional provision. Salary tables.
It is published as annex I to this Convention, a single wage table, resulting from application staff included in the functional and territorial scope of the Convention, being as existing in a uniform manner for the entire territory of the Spanish State.
Second additional provision. Salary increase.
An increase is agreed of 1.00% for the year 2015 and 1.50% for the year 2016.
Third additional provision. Salary review clause.
As for the salary review clause establishes that the sum of the salaries of the 2015 and 2016 will be greater than the sum of the inflation of both years, proportional depending on the initially agreed wages, understanding that this clause operates only if the cumulative inflation rate is greater than the salary increase accumulated, so if it is not thus cannot apply any clause. This means that wages in any case should be lowered as a result of a review based on the CPI actually found.
To determine the increase corresponding to the year 2017 will be taken as reference the GDP in 2016 and 2017 Government macroeconomic picture and will be made in the three months following the publication of the latter, as collects III agreement for employment and collective bargaining (2015-2017).
ANNEX 0 table of permissions and licenses motif of license time maximum concepts to earn supporting salt.
base pay extra.
Do not salt.
Death of parents, grandparents, children, grandchildren, spouse, siblings and in-laws.
Three natural, Extensible up to five calendar days in the case of displacement greater than 150 km.
Yes Yes Yes Yes Yes Yes No document attesting to the fact.
Serious illness, hospitalization or surgical intervention without hospitalization requiring rest house of parents, in-laws, children, grandchildren, spouse, siblings and grandparents.
Three natural, Extensible up to five calendar days in the case of displacement greater than 150 km.
Yes Yes Yes Yes Yes Yes No proof medical attesting to the fact.
Daughters-in-law, sons-in-law, brothers and grandfathers political death.
Two natural, expandable up to four calendar days in case of displacement greater than 150 km.
Yes Yes Yes Yes Yes Yes No document proving the fact.
Daughters-in-law, sons-in-law, brothers and grandfathers political serious disease.
Two natural, expandable up to four calendar days in case of displacement greater than 150 km.
Itself itself itself itself itself itself not supporting medical that accredits the made.
By surgical intervention of parents, children or spouse.
A natural day.
Yes Yes Yes Yes Yes Yes No proof medical attesting to the fact.
Birth of child or adoption.
Three natural, Extensible up to five calendar days in the case of displacement greater than 150 km.
Yes Yes Yes Yes Yes Yes No family book or certificate of the Court.
Marriage of the worker. Partner.
Fifteen calendar days.
Yes Yes Yes Yes Yes No No book family or official certificate.
Change of habitual residence.
One working day.
Yes Yes Yes Yes Yes Yes No document attesting to the fact.
Inexcusable duty of public or personal.
The indispensable or that check standard.
Yes Yes Yes Yes Yes Yes No proof of attendance.
Breastfeeding up to nine months.
Absence of 1 hour or two fractions of 1/2 hour. reduction in working hours in half an hour.
Yes Yes Yes Yes Yes Yes Yes family book or certificate of adoption.
Transfer (article 40 ET).
Three working days.
Yes Yes Yes Yes Yes Yes No marriage of children or their parents.
The calendar day.
Yes Yes Yes Yes Yes Yes No document proving the fact.
Renewal of ID and driver's license professional.
The time necessary.
Yes Yes Yes Yes Yes Yes No document proving the fact.
Representing workers or trade union functions.
It in accordance with.
El que proceda.
(1) average seen in the previous month.
ANNEX I table wage, diets and mileage pay table year 2015 Cork sector groups annual salary - euro monthly salary - euro daily wage - EUR 1 21.121,14 1.508,65 2
Diet of field: 39,26.
Km: 0.26 EUR/km.
Table wage, diets and mileage table wage sector of Cork year 2016 groups wage annual-Euro wage monthly-Euros wage daily-EUR 1 21.226,75 1.516,19 2 17.950,00 1.282,14 3 16.859,72 1.204,26 4 15.474,15 1.105,29 5 15.356,04 1.096,86 36,14 6 14.790,77 1.056,48 34,81 7 13.936,04 995,44 32,79 diets: complete: 68 11.
Diet of field: 39.46.
Km: 0.26 EUR/km.
ANNEX II to the substantial disagreement data of the Company Act working conditions Committee joint Provincial/state change... Nombre o razón social........................................................................................... CIF....................................... Domicilio social............................................................... Localidad........................................................... Zip code... Convenio/s colectivo/s aplicable/s .......................................................................................................................................................................................................................................
The company... and his representation of them workers, communicate that have finished without agreement it derogating posed according to the article 41 of the Statute of the workers.
Refers to the Joint Commission this act together with the request for modification of the company and its causes, along with the relevant documentation. Allegations that backs the representation of workers and the documentation provided are also sent in your case.
Both parties, company and worker representation, are directed to the Joint Commission so that this resolves the discrepancy, requesting both parties, for the case that the Commission does not reach agreement, submit to binding arbitration of the corresponding Interconfederal mediation and arbitration.
En .......................... a ............ de ............................. de ..............
Signed representation workers signed company
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