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Resolution Of September 24, 2015, Of The Directorate-General Of Employment, Which Is Recorded And Published The Ii State Collective Agreement For The Sector Of Industries Of Bottled Drinking Water.

Original Language Title: Resolución de 24 de septiembre de 2015, de la Dirección General de Empleo, por la que se registra y publica el II Convenio colectivo estatal para el sector de industrias de aguas de bebida envasadas.

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TEXT

Having regard to the text of the Second State Collective Convention for the Sector of Packaged Drinking Water industries (Convention Code No. 99014405012008), which was signed, dated 2 September 2015, by the Association National Association of Packaged Drinking Water Companies (ANEABE), representing companies in the sector, and another by the trade union organizations of the Agro-Food Federation of CC.OO. (FEAGRA-CC.OO.) and by the Federation of Industrial and Agricultural Workers of UGT (FITAG-UGT), representing workers in the sector, and in accordance with Article 90 (2) and (3) of the Law on the Statute of the Workers, recast text approved by Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010, of 28 May, on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the said collective agreement in the corresponding Register of collective agreements and agreements with operation through electronic means of this management center, with notification to the Negotiating Commission.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, September 24, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

II STATE SECTORAL COLLECTIVE AGREEMENT FOR THE SECTOR OF PACKAGED DRINKING WATER INDUSTRIES

CHAPTER I

Application scopes

Article 1. Legal nature.

This collective agreement subscribes to the provisions of Article 83 (1) of the recast text of the Law of the Workers ' Statute and repeals the First State Sectoral Collective Agreement for the Sector Packaged drinking water industries.

What is established in this state sector collective agreement exhausts collective bargaining in the lower territorial areas (regional, provincial or local).

Collective agreements and agreements of undertakings shall have priority application in their entirety and in all specific matters and the provisions of this Convention may not affect the provisions of such agreements, unless the parties legitimized the submission of certain subjects to this collective state collective agreement and with respect to the provisions of the law.

Article 2. Territorial scope.

The Convention will be applicable throughout the Spanish territory.

Article 3. Functional scope.

The Convention shall regulate the employment relationships of all undertakings whose activity consists in the exploitation and packaging of packaged drinking water, including the work centres, warehouses and warehouses exclusive of such activity.

Article 4. Personal scope.

The Convention shall be applied to all workers who carry out their duties in the service of an undertaking falling within its functional scope, except those excluded or those affected by special employment relationships regulated by general legal provisions.

Article 5. Temporary scope.

5.1 Vigency. The Convention shall enter into force on the first day of the month following the signing of the Convention, without prejudice to the date of its publication in the "Official State Gazette" and its economic effects shall be rolled back to 1 January 2015.

5.2 Duration. The Convention shall last from 1 January 2015 until 31 December 2015, except in those matters for which a lower or higher duration is expressly agreed, in which case it shall be specifically established.

5.3 Extension. If no complaint is made by any of the parties entitled to the negotiation, the Convention shall be extended for annual periods.

5.4 Reporting. The party wishing to denounce the Convention or any of the matters which have a different duration must do so in writing before the other, at least within the last month of the respective validity and shall specify the matters covered by the Convention. modification. The time limits for negotiation shall be in accordance with those laid down in the rules in force.

CHAPTER II

Professional structure

Article 6. Principles of ordination.

1. The professional classification has a purely enunciative character, without the companies being obliged to establish, in their organizational structure, each and every professional group, and without having any impact on the established professional structure by the agreements of the companies in the sector, in force at the entry into force of this agreement.

2. The professional classification of staff affected by this agreement shall be carried out by professional groups.

3. The different tasks and functions defined by each group are merely enunciative and all workers in the industry will be obliged to carry out the work and operations which order their superiors, within the general tasks of your professional group.

Article 7. Classification according to the functions. Professional groups and categories.

1. The staff of the companies will be in one of the following professional groups and categories:

Technical personnel.

Administrative staff.

Business Personnel.

Workers ' personnel.

Subalternate staff.

2. Definitions.

2.1 Technical personnel:

Graduates:

With a higher degree: They are those professionals who have a degree awarded by the Universities or Schools that perform in the company, with a work character, the functions of their profession.

With a medium degree: They are those professionals with a degree of Diplomacy, Technical Engineer, Technical Architect, Social Graduate, Technical Assistant, Health Technician or other similar titles that they perform in the company with job status of your craft's own functions.

Untitled:

General Manager. It is the employee freely designated by the company who, under the orders of the Director or the representatives themselves, exercise the coordination services between the different Sections of the company, transmitting orders from the Directorate and holding command over workers ' and subaltern personnel and direct responsibility to the company.

Section Manager. It is the employee who, under the orders of the General Charge, directs the work of a particular Section within the bottling plant, corresponding to the responsibility of the work carried out by the groups of workers under his orders, as well as the command, surveillance and discipline of the personnel responsible for its section.

2.2 Administrative staff:

Head of first. It is the employee freely designated by the company that to the immediate orders of the Management or Management carries the direct responsibility of the office and all the Sections that constitute the industry, being in charge of printing them unit, being equally the Chief of staff of all staff who provide services to the company.

Head of second. He is the administrative officer who acts on the immediate orders of the Head of First Respective, if any, and is in charge of directing, suggesting and giving unity to the Section or dependency that he has in his office, as well as of distributing the work among the Officers, auxiliaries and other personnel who depend on him and have in turn responsibility inherent in his office.

This category also includes the employee of the company that is in charge of a branch, sales warehouse or exclusive store of the industry outside the location where it is located.

Accounting Officer. It is the administratively designated freely by the company which, at the immediate orders of the Management or Directorate of the same or of the Chief of First, if any, has in charge the accounting of the company, verifying all the operations of the company Depending on your initiative, the formalization of seats, current accounts, major journal, correspondents, etc.

Cashier. It is the administrative department that is freely designated by the company, which, having or not the powers of the company, can subscribe to the accounts against certain bank current accounts and formalize receipts that are in their care and have the responsibility of charges, payments and changes made in their dependency, as well as the customers who pay invoices and receipts of the company, and also those that the accounting gives to them to be paid or charged.

First Officer. It is the employee who with restricted initiative and responsibility and with or without other employees to his or her orders, has in particular the functions of taquimecanography, correspondence and auxiliary of Contable-teller, carrying the accounts client streams and correspondence with the Company's Directorate in the event of exercising their work outside the locality where it is radiating.

Second Officer. It is the employee, older than twenty-one years, who, with initiative and responsibility restricted to that of his work, assists the first officer in his accounting work if the importance of the company so requires and takes care of the organization files and files and other similar jobs, and will collaborate with the drafting of invoices and social insurance calculations.

Auxiliary. It is the employees who without initiative and resolutive responsibility are dedicated, within the office, to administrative elementary operations and in general to the purely mechanical inherent to the work of the office. They will have this category typesetters.

2.3 Business Personnel:

Head of Sales. It is the employee who usually has the responsibility for the management and supervision of all sales operations, programming the travel itineraries of the staff to their orders, as well as the determination of the guidelines or criteria according to which they are to be carried out, following the guidelines and after approval, received from the company's Management or Management.

The Sales Manager will have their direct orders to the Sales Inspector, Travelers, and Brokers.

Sales Inspector. It is the employee who, depending on the Head of Sales, if any, or the Directorate, in another case, carries out visits, trips, checks, statistics, studies, projects and other actions entrusted to him in order to operate the organization of the company's sales on the various aspects of commercial promotion, advertising and order service.

Travelling. It is the employee who, in the exclusive service of the company to whose staff they belong and in possession of the necessary knowledge for their mission in trips of routes previously mentioned, offers the goods, takes note of the orders, informing of the It transmits the orders it receives, charges the invoices shown, giving account of its management on each trip to its superiors and must remain in the offices of the company, carrying out works related to the sales when are not found on travel.

Square Corridor. It is the person who within a given locality, and for the sole account of the company, performs the duties assigned to the Traveller.

2.4 Workers ' Staff:

a) From the bottling cycle: This group integrates the workers who carry out the work of the different processes of bottling and water expedition.

Capataz. It is the worker who at the orders of the General Encharge or the Section Encharge, if any in the company, has the task of directing the works of a group of traffic operators of a department or section, distributing the work between them and pointing out how to develop it. You must have the necessary knowledge to interpret the instructions you receive from your superiors as well as to perform them perfectly and transmit them to your subordinates, being responsible for the operation and discipline of the group.

bottling operation. He is the specialist dedicated to one or several tasks of the bottling cycle. They are the work of these operators: hand-washing or machine-washing of bottles; manual or mechanical bottling of the water; closure, labelling and packaging of the containers; packaging and fitting; cleaning of machinery and facilities; grease and entertainment; the loading and unloading of bottle boxes; the entertainment and preservation in good condition of the premises and any other tasks of the bottling cycle.

(b) Several of the following: Integran this group of workers carrying out works corresponding to the trades of Albanese, Carpor, Electricist, Driver of vehicles, etc., the definitions of the different categories:

First Officer. It is that operator who possesses some of the classical trades, practices it and applies it in such a degree of perfection that it not only allows him to carry out general works of the same, but also those others that are of special commitment.

Second Officer. It is that worker who, without reaching the required specialization for the perfect works, execute the corresponding to the trade that they possess with sufficient correction and dexterity.

Third or Assistant Officer. It is that worker who, having made the apprenticeship of a trade, has not yet reached the practical or indispensable knowledge to carry out the work with the required correction to a second operator, and must be auxiliary to the officers. higher in their duties and perform the least important they are designated.

Driver-delivery driver. It is the worker who, using a truck or van of the company, performs the functions of distribution with or without self-sale, attends for himself to the driving of the vehicle, the repair of breakdowns that do not necessarily require to resort to the services of a workshop, the loading and unloading of goods to the premises or establishment, loading and unloading of the packages returned and, where appropriate, the collection of the amount or collection of the "Compliant" in the delivery note. You must take proper care of the cleaning, preservation and entertainment of the vehicle.

Driver. It is the worker who drives a vehicle in which goods are transported for the company's service, without performing loading and unloading functions of the same.

Pawn. They are the operators responsible for carrying out tasks for which only the contribution of physical effort and attention is required, without the requirement of any practical operation to make their performance adequate and correct.

2.5 Subalternate staff:

Store. He is responsible for the general store of the company, being in charge of keeping the records and files of stocks, materials, tools, etc., also taking care of dispatching the orders and of referring to the offices the relations corresponding.

Computer-Cobrator. It is the subaltern that, with a preferential and normal character, performs the functions of collection and payment by order of the company outside the premises of the company, dedicating the part of the day not absorbed by that task to be carried or charged, to collect or deliver correspondence and perform elementary jobs, such as copying press documents, removing photocopies, placing correspondence on envelopes, etc.

Ordinance. It is the worker who is responsible for the supervision of the premises of the office during the working hours, the execution of errands and orders entrusted to him, copies of documents to the press, collection and delivery of correspondence and any other the analog function that you are ordered.

Vigilante-Juror. It is the subaltern that within the premises of the establishment, springs or other dependencies of the company performs functions of daytime and nocturnal surveillance of agreement, if any, with the legal provisions.

Goalkeeper or Conserje. They are the workers who, according to the instructions received from their superiors, take care of the accesses to the premises of the company and other premises, exercising functions of custody.

Telephone. It is the worker who, having as mission to be in the care and service of the telephone station installed in the company, notes and transmits how many notices he receives.

Gardener. It is the worker who with deep knowledge of the plants and flowers has as a fundamental mission the arrangement and conservation of the parks or gardens that belong to the company.

Cleaning staff. It is the staff dedicated to the functions of the toilet of the general use premises and those destined to offices and offices.

CHAPTER III

Functional Mobility

Article 8. Functional mobility.

1. The worker must comply with the instructions of the employer or person in whom he is delegated in the normal course of his organisational functions and directives, and must carry out the work and tasks entrusted to him, within the meaning of the general of the labour supply. In this respect, functional mobility may be carried out within the undertaking, exercising as a limit for the same the provisions laid down in Articles 22 and 39 of the Staff Regulations.

2. The functional mobility of workers within the professional group will be provided as long as the skills necessary for the performance of the job's own functions will enable the basic working performance of the other post to be developed, the realisation, if necessary, of simple processes of training or adaptation.

3. The performance of duties of a higher or lower group shall be carried out in accordance with Article 39 of the Staff Regulations.

CHAPTER IV

Wage Structure

Article 9. Base salary.

1. The basic salary is the part of the worker's remuneration, fixed per unit of time, according to his professional category.

2. The amount of the basic salary shall be as set out in Annex I.

Article 10. Salary supplements.

1. Plus de nocturidad. The staff working in the night shift shall receive the amounts specified in Annex I as a ' plus of night time

.

2. Incentives. An agreement between the employees ' representatives and the employer may be agreed upon to pay for the worker's higher performance, both for productive and commercial activities.

Article 11. Extraordinary rewards.

1. Workers falling within the scope of this agreement shall receive two extraordinary payments each year: July and December, which shall be composed of at least 30 days of base salary.

2. In the case of new incorporation, re-entry or cessation, the amount of the overtime will be calculated in proportion to the time worked during the year.

Article 12. How to pay the salary.

1. The payment of the salary will be made for monthly periods or according to the custom observed in each company, in legal tender or through heel or other similar payment method through credit institutions.

2. It is already paid in cash, by any of the means set out in the previous paragraph, the employer will be obliged to provide the worker with the corresponding receipt of wages.

3. Part-time contract workers will receive all the remuneration concepts in proportion to the time worked.

CHAPTER V

Revenue

Article 13. Test period.

In working relationships, a test period may be fixed, provided that it is written in writing, that in no case may it exceed:

Technical Staff Entitled senior or middle grade, Director, Chief of Staff and Head of Sales: Six months.

General manager, non-titled technical staff, merchant personnel: Three months.

Administrative and workers ' staff: Two months.

Auxiliary activity staff, junior staff: One month.

Contracts for training and internship contracts: One month.

Unqualified staff: Fifteen days.

During the probationary period the worker shall have the rights and obligations corresponding to his or her professional category and job position which he or she performs, as if he were a staff member, except those arising from the termination of the employment relationship, which may occur at the request of any of the parties during its course, without prior notice and without any party being entitled to any compensation.

The test worker will be required to perform the professional, psychotechnical and medical examination tests that the company deems appropriate.

During the periods indicated, both the worker and the company may withdraw from the test or terminate the contract without prior notice or right to compensation.

Elapsed the trial period without the withdrawal of the contract, the contract will produce full effects, computing itself for the purpose of seniority.

Exceeded the test period, the worker becomes part of the company's template with the appropriate category in each case, with the fixed or agreed time, according to the provisions in force.

The situation of temporary incapacity, maternity, adoption or reception that affects the worker during the probationary period, interrupts the computation of the same.

CHAPTER VI

Hiring

Article 14. Recruitment.

The content of this chapter is subject to the legal rules in force and to future legislative changes that may occur, in which case it will be subject to the transitional arrangements provided for in the same and, in the absence of by the transitional regime, the application of the rules contained in this Chapter shall be omitted in so far as they are contrary to the necessary rules of law contained in the current legal regulation.

Article 15. Eventual contract.

In attention to the characteristics of the sector, which involves frequent and irregular periods in which tasks are accumulated or excess orders are produced, companies will be able to make possible contracts under cover of what is in this Agreement and Article 15 (1) (b) of the Staff Regulations and other regulatory provisions for up to 12 months within a period of 18 months, and shall be on the same basis as from the date on which the produces the cause or circumstance that justifies its use.

When these contracts are made for a period of less than the maximum period established, they may be extended before their end, by agreement between the parties, without in any event the cumulative time allowed to exceed the said period maximum.

All the effects provided for in this precept shall be understood to be the circumstances provided for in Article 15.1.b) of the Staff Regulations, with the simple reference to this Article of the agreement made in the job contract.

Article 16. Training contracts: Practices and for training and learning.

1. Contracts for work in practice and for training and learning may be concluded with workers belonging to the professional categories set out in Annex II.

2. All workers employed in practice under the legislation in force shall have the same rights as those specified for workers of the same category, except in their remuneration, which shall be, in the first year of 60% and in the The second is 75% of the salary set in this Convention for a worker who performs the same or equivalent job. In no case shall the resulting amounts be less than the minimum interprofessional salary.

3. Contracts for training may only be awarded to those aged over 16 and under 25 years of age, unless the rules in force allow for the holding of a different age and a maximum duration of three years. The remuneration shall be 80, 85 and 90% of the salary set out in this Convention for a worker who performs the same or equivalent job. In no case shall the resulting amounts be less than the minimum interprofessional salary.

Effective working time, compatible with training, may not exceed that set in the application regulations.

4. The parties may agree to extend the contract in practice, in accordance with the legislation in force, without allowing them to exceed the total duration of the contract and without the duration of each extension being less than the duration of the contract. minimum contract.

Also in the case of the training and learning contract, extensions may be carried out in accordance with the current legislation and without the total duration of the contract exceeding the maximum duration of the contract.

Article 17. Contract by specific work or service.

Contracts of this nature may be arranged when the worker will perform any of the jobs or tasks that are determined below:

1.1 Construction, expansion, rehabilitation and repair of works in general.

1.2 Assembly, commissioning and repair of:

Machinery and equipment.

Installations.

Transport items.

1.3 Activities related to organizational, industrial, commercial, administrative and service processes, such as:

Centralization of Scattered tasks in other job centers.

New Production Line.

Quality control, research and development.

New product or service.

Market studies and surveys.

Advertising.

Opening new markets and distribution zones.

1.4 Implementation, modification or replacement of computer, accounting, administrative and personnel management and human resources systems.

1.5 Business activities derived from supply contracts that have been agreed by the company with public administrations through a commercial, administrative or competitive contract.

1.6 Other activities that are comparable to the previous ones.

CHAPTER VII

Professional training

Article 18. Vocational training.

Workers have the right to adequate vocational training, which is oriented primarily to:

a) Facilitate insertion into professional life.

b) To preserve and improve knowledge, to facilitate internal promotion and to promote the improvement of productivity in the company and in the sector as a whole.

c) Promote the creation of new jobs and their adaptation to technological innovation.

d) Promote the hiring of women in gender equality policy.

To this end, the undersigned companies and trade unions will encourage the establishment of training programmes with the SEPE, Tripartite Foundation for Training in Employment and other bodies and institutions to facilitate aid by means of concerts with undertakings or specialised institutions in order to achieve the objectives set out above.

Companies will continue the internal training tasks of their staff, in the way they do to date.

Companies in the sector undertake to provide their workers with adequate food hygiene training in accordance with current legislation.

CHAPTER VIII

Working time management

Article 19. Workday.

1. The annual working day, both for the continuous day and for the day of departure, will be 1,790 hours.

2. According to the legal representatives of the workers, any other system of organisation and distribution of the day other than the regulated one may be established.

3. Companies that have to work on rotating shifts from Monday to Sunday, will do so through the corresponding agreement in the company.

Article 20. Weekly rest.

The worker is entitled to a weekly break of two uninterrupted days, with one being on Sunday. The case of shifts will have a specific treatment within the law and agreements between parties.

Article 21. Holidays.

1. Staff shall enjoy a total of 22 working days of paid leave per year or of the proportional share corresponding to the time of their stay in the Company.

2. The Company's management and representation of workers will determine the time of year for the enjoyment and system of rotating shifts of the holidays, taking into account the needs of the service and respecting the following criteria:

(a) Given the seasonality of production, the employer may exclude as a holiday period the months of May, June, July, August and September.

(b) The holiday period may be split by agreement of the parties and shall be one of the periods of at least 15 days in a row.

3. The holiday calendar shall be fixed at each working centre in such a way that the worker knows the dates which correspond to him two months before, at least, the beginning of his enjoyment.

4. In no case shall the holiday be liable for economic compensation, except in the case where the worker causes low in the course of the year, to which, when the finiquito is practised, he shall be compensated, in cash, by the proportion of the holidays that may correspond to you, by bringing the resulting amount, in the event you have enjoyed more days than the corresponding amount to the date of the discharge.

5. In the absence of this wording, it will be in accordance with the law.

Article 22. Overtime.

Extraordinary hours will be sorted into:

(a) To be completed: These shall be considered to be motivated by the need to prevent or repair claims or other similar damage, which shall not be counted for the purposes of legal ceilings, as well as for any absences or changes in work shifts, with a maximum of two hours in these last two assumptions.

b) Voluntary implementation: All those not referred to in the preceding letter.

The overtime shall be paid either economically or by compensatory rest. In cases where overtime is compulsory, the worker shall be responsible for the choice between recovery or rest. If the performance of overtime is voluntary, the option between collection and rest will be the responsibility of the company. In both cases, if the break is to be made, the rest shall be in accordance with the needs of the service.

The amount of overtime shall be the amount for each professional group set out in Annex I. When the overtime is paid for with rest, it shall be hourly per hour.

The Company's Management will regularly report to the Enterprise Committee, Staff Delegates, or Trade Union Delegates on the number of overtime hours.

CHAPTER IX

Licenses and Exceeds

Article 23. Licenses.

The worker, upon written request, may be absent from work, entitled to remuneration, in the cases listed below, and with the duration indicated:

a) Fifteen calendar days in case of marriage.

b) Three days in case of child birth or death of spouse or children.

(c) Two days in case of serious illness of the spouse or children and serious illness, hospitalization or death of father, mother, grandchildren, grandparents or siblings of one or other spouse. Where the worker requires, both in the cases provided for in this paragraph (c) and (b) above, to move to a locality other than that of his habitual residence, the time limit shall be increased for the period necessary for such a move. displacement and with a maximum limit of four days in total (permanence and displacement). 'Other locality' means the movement which has given the worker's address more than 150 kilometres.

d) One day by marriage of parents, children and natural siblings, as well as by transfer of the usual address.

e) For the time needed to visit the doctor.

f) For the time indispensable for the fulfilment of an inexcusable public and personal duty.

g) One day per year for your own affairs.

The licences referred to in paragraphs (b), (c) and (f) shall be granted on the spot, without prejudice to their subsequent justification, on the day of their reinstatement to work.

The days of the licenses will always be natural and uninterrupted, always being the fact that motivates the permit within the days of the same, not being able to license the hours worked in the day that starts the same.

Article 24. Licenses for studies.

The workers who are required to sit for examination, as a result of being registered in an official centre, for reasons of study or professional career, shall apply for permission from the undertaking, which must be granted by the time required and up to a maximum of ten days per year. This permit shall be paid, supporting in due form the assistance to it, and that in the ordinary or extraordinary convocation, at least half of the subjects of the examinations have been approved.

Driver examinations and those that the worker is required to perform for incorporation into the Administration or company other than the one in which he or she provides services are excluded from these licenses.

Article 25. Excess.

The regime of surplus will be the one governed by Article 46 of the Workers ' Statute.

The request for reentry in the cases of voluntary leave must be made within the period of enjoyment of the surplus; in the event of not applying for the period indicated, the beneficiary will be understood to cause low voluntary.

Elapsed time of excess requested, it will be the company's power to extend or extend it at the employee's request.

Requested to be reentered in time and form, and once the period of leave is exhausted, the employee will be entitled to cover the first vacancy that occurs within its category.

In no case shall it constitute a justification for the application of the voluntary leave of absence of the employee's claim to provide services to other establishments in the class.

Article 26. Reconciliation of family life.

1. Irrespective of the provisions set out in the previous Articles, compliance with the provisions relating to the reconciliation of family life shall be ensured.

2. Breastfeeding leave. Workers who are breastfeeding a child under nine months of age shall be entitled to an hour of absence from work, which may be divided into two fractions. The duration of the permit shall be increased proportionally in the cases of birth, adoption or multiple acceptance.

Whoever exercises this right, of his own accord, may substitute for a half-hour reduction in his normal working day for the same purpose, or accumulate in full days.

In case the worker opts for the accumulation of the breastfeeding permit, the number of days to enjoy will be a total of 14 working days uninterrupted. In the case of multiple delivery, adoption or reception, the duration of the accumulation permit shall be increased proportionately.

CHAPTER X

Conflict Solution Procedures

Article 27. Adherence to the ASAC.

The parties adhere in an express way to the V ASAC and state that in all cases in which the law provides for the possibility of settling any kind of dispute or labor dispute arising from the application of the laws or of this collective agreement by arbitration, submission to this arbitration solution shall be voluntary for the parties to the dispute.

Article 28. Joint Commission.

1. A Joint Committee is established, the functions of which will be:

(a) Mediation, arbitration and conciliation in the individual or collective conflicts that are subject to them.

b) The interpretation and application of the agreed upon.

c) The follow-up to the set of agreements.

2. In any matter which arises as a result of the fulfilment, interpretation, scope or applicability of this Convention, the parties undertake to make no use of any action of force without prejudice to the approach of the matter. subject to the Commission's submission to the Joint Committee. Only if, after the good offices of the said Commission, could not a solution of the conflicting question have been reached, the parties will be able to urge the collective conflict procedure.

3. Agreements reached by the Joint Commission on matters of general interest shall be considered as part of this Convention and shall be of the same binding effect. Such agreements shall be referred to the labour authority for registration.

4. The Commission shall be composed of three representatives of the signatory trade unions and three representatives of the signatory business associations, who shall be appointed from among those belonging to the Convention's Deliberating Commission.

5. Operating Regulation.

a) Meetings. The Joint Committee shall meet for the performance of the tasks referred to in paragraphs 1 (a) and (b), where its intervention is required and for the exercise of those laid down in the 1.c), every three months.

b) Convocation. The Joint Committee shall be convened by any of the signatory organisations, and a written communication setting out the points to be dealt with on the agenda shall be sufficient.

The Joint Commission will meet within the term that the circumstances advise depending on the importance of the matter, but that in no case will it exceed thirty days in general and fifteen days in the cases of conflict collective, from the call.

If the Commission has not met this term, the intervention of the Joint Commission shall not be deemed to be exhausted, and the person concerned may exercise any action which he considers to be relevant.

(c) Discrepancies within the Joint Committee. The discrepancies within the Joint Committee shall be resolved in accordance with the procedures laid down in the ASAC.

d) Quorum-advisors. The Commission shall be validly understood when the simple majority of each representation is present.

Parties will be able to attend meetings with the assistance of up to two advisors.

e) Validity of the agreements. In any event, the Commission's agreements shall require the favourable vote of 60% of each of the two representations. Minutes shall be drawn up for each meeting, to be signed by those of the secretaries and a representative of each party.

f) Home. For the purposes of notifications and calls, the address of the Joint Commission in Madrid, Calle Serrano, no. 76, 5. º dch., at the headquarters of ANEABE.

6. Obligation to submit to the Joint Committee. The parties are obliged to submit to the Joint Commission prior to any measure of pressure or judicial or administrative action, all matters relating to the interpretation and application of this Collective Agreement, which are general interest, without prejudice to the subsequent exercise of individual or collective rights.

Failure to comply with the preceding paragraph shall entitle, to any of the non-guilty parties, to the denunciation of this Agreement.

In any case, it should be negotiated under the principle of good faith.

7. The Negotiating Commission expressly empowers the Joint Commission to take the classification of categories into professional groups.

CHAPTER XI

Disciplinary regime

Article 29. Principles of ordination.

1. The present rules of disciplinary regime pursue the maintenance of the labor discipline, which is a fundamental aspect for the normal coexistence, technical ordination and organization of the company, as well as the guarantee and defense of the rights and legitimate interests of workers and employers.

2. Any fault, provided that they constitute a contractual breach and guilty of the worker, may be sanctioned by the Management of the Company in accordance with the graduation set out in this Chapter.

3. Any failure committed by the workers shall be classified as minor, severe or very serious.

4. The absence, whatever their qualification, will require written and motivated communication from the company to the worker.

5. The imposition of penalties for serious and very serious misconduct shall be notified to the legal representatives of the workers, if any.

Article 30. Graduation from fouls.

1. They shall be considered as minor faults:

(a) Unjustified impuntuality at the entry to work or exit from work up to three times in one month, for a total time less than twenty minutes.

b) Unjustified inattendance at one day's work during the one month period.

(c) Non-communication, with prior due notice, of the inattendance at work for justified reasons, unless the impossibility of the notification is established.

(d) Abandonment of the post without a justified cause for short periods of time and provided that this has not caused a risk to the integrity of the persons or things, in which case it may be qualified, according to the seriousness, as severe or very severe.

e) Disattention and lack of correction in dealing with the public when they do not seriously damage the image of the company.

(f) Neglect in the preservation of the material which is in charge or is responsible and which produces slight deterioration of the material.

2. Are considered to be serious faults:

(a) Unjustified impuntuality at the entrance to work or at work exit up to three times in one month, for a total time of up to forty minutes.

b) Unjustified inattendance at work of two to four days during the one month period.

c) Hindering, malicious omission and distortion of data that has an impact on Social Security.

d) The simulation of disease or accident, without prejudice to the provisions of paragraph e) of the following paragraph.

e) The impersonation of another worker, altering the records and input and output controls to the job.

(f) Disobedience to work orders and instructions, including those relating to safety and hygiene rules, as well as negligence or negligence at work, unless they result in serious harm to the company, cause damage to the facilities, machinery and, in general, property of the company or risk of accident for the persons, in which case they will be considered as very serious faults.

g) The lack of communication to the company of the defects or abnormalities observed in the tools, tools, vehicles and works in charge of the company, where serious injury to the company has been caused.

h) The completion without the appropriate permission of particular works during the day as well as the use of useful, tools, machinery, vehicles and, in general, goods of the company for which it is not authorized or for uses other than those of the job entrusted, even outside the working day.

i) The breach or violation of must-reserve secrets that does not cause serious injury to the company.

j) Unusual drunkenness at work.

k) The lack of grooming and personal cleansing when it may affect the production process or service delivery and provided that, in advance, the company's timely warning has been mediated.

(l) The poor performance of the work entrusted, provided that this does not result in serious harm to people or things.

m) The decrease in normal performance on the job in a non-repeated manner.

n) Proffered or work-related offenses committed against persons, within the work center, when they are not considered to be serious.

(o) Those arising from the provisions of paragraphs (1) (d) and (e) of this Article.

p) The recidivism in the commission of five minor faults, even if they are of different nature and provided that there is a different sanction of the verbal admonition, within a trimester.

3. They shall be considered to be very serious:

a) Unjustified impuntuality at the entrance to work or at work departure on ten occasions for six months or in twenty for one year.

b) Unjustified inattendance at work for three consecutive days or five alternate days in a period of one month.

c) Fraud, disloyalty or breach of trust in the management of the company, theft or theft of property owned by the company, colleagues or any other person within the company's premises or during the working day elsewhere.

d) The simulation of illness or accident or the prolongation of the sick or accident discharge in order to carry out any work for own or other account.

e) The breach or violation of must-reserve secrets that cause serious injury to the company.

f) drunkenness and drug dependency during work, provided it negatively affects performance.

g) Performing activities that involve unfair competition to the company.

(h) The derivatives of paragraphs (1) (d) and (2) (f), (l) and (m) of this Article.

i) The voluntary and continuous decline in the performance of normal or agreed work.

j) Failure to observe maintenance services in the event of a strike.

k) Abuse of authority exercised by those who perform command functions.

l) Sexual harassment.

m) The repeated non-use of security and hygiene protection elements.

n) The recidivism or reiteration in the commission of serious misconduct, considering as such a situation in which, prior to the moment of the commission of the fact, the worker would have been punished two or more times for faults serious, still of a different nature, over the period of one year.

Article 31. Prescription of faults.

Minor faults will be prescribed at 10 days; the serious ones, at the age of 20, and the very serious ones, at 60 days from the date on which the company became aware of its commission and, in any case, six months after the committed.

Article 32. Penalties.

1. The maximum penalties to be imposed by the commission for the offences listed in the previous article are as follows:

(a) For a minor lack: Verbal or written assembly and suspension of employment and pay of up to two days.

b) For serious misconduct: Suspension of employment and salary of three to fourteen days.

c) For a very serious lack: Suspension of employment and salary of fourteen days to two months, transfer to a different town centre for a period of up to one year or disciplinary dismissal.

2. The unfavourable entries which, as a result of the penalties imposed, may be entered in the personal files shall be cancelled at the time of two, four or eight months ' time, in the case of a minor, serious or very serious lack of severe.

CHAPTER XII

Trade union rights

Article 33. Union delegate.

It is recognized in accordance with Article 10 of the Organic Law 11/1985, of 2 August, of Freedom of Association, the figure of the Trade Union Delegate in those companies that have a staff of more than 250 workers.

The Trade Union Delegate, who will be elected in the way that the aforementioned Law prevents, will necessarily be a worker of their respective company.

Article 34. Functions of the Trade Union Delegate.

The Trade Union Delegate, in the event that it is not part of the Enterprise Committee, shall have the same guarantees as those legally established for the members of the Company, as well as the following rights:

1. To have access to the same information and documentation as the company makes available to its Committee, being obliged to keep professional secrecy in those matters where it is legally necessary or justified.

2. To attend meetings of the Committee of Enterprise and other internal bodies in the field of safety and hygiene, with a voice but no vote.

3. To be heard in advance by the company for the adoption of measures of a collective nature which affect workers in general and those affiliated to their trade union in particular and, in particular, redundancies and penalties for serious misconduct which they impose on the latter.

4. To the use of a suitable premises where you can develop your activities, in those workplaces with more than 250 workers.

Article 35. Company Committees and Staff Delegates. Competencies.

The Business Committee or the Staff Delegates, if any, shall have the following powers:

1. To receive information which will be given to you on a quarterly basis, at least on the general trend of the economic sector, on the production situation and its sales, on production programmes where there are, and on the likely development of the employment in the company.

2. To know the balance sheet, the income statement, the memory and, in the case of the company magazine the form of company by shares or units, the other documents that are made known to the partners, and under the same conditions as these.

3. To issue a report prior to the employer's execution of the decisions taken by the employer on the following issues:

a) Restructurings of template and total or partial ceases, definitive or temporary of that.

b) Day reductions, as well as total or partial relocation of facilities.

c) Business training plans for the company.

d) Implementation or review of work organization and control systems.

e) Study of times, establishment of premium systems or incentives and valuation of jobs.

4. To issue a report when the merger, absorption or modification of the legal status of the company implies any impact on the volume of employment.

5. To know the models of written work contract that they use in the company, as well as the documents related to the termination of the employment relationship.

6. Be informed of all penalties imposed for very serious faults.

7. To be known on a quarterly basis, at least, statistics on absenteeism and their causes, accidents at work and occupational diseases and their consequences, accident rates, periodic or special studies on the working environment and the prevention mechanisms that are used.

8. Doing a job:

(a) Surveillance in compliance with the existing rules on employment, social security and employment, as well as the rest of the agreements, conditions and uses of the company in force, making, where appropriate, the legal actions appropriate to the employer and to the competent bodies or courts.

(b) The monitoring and control of the conditions of safety and hygiene in the development of work in the enterprise, with the particularities provided for in this order by Article 19 of the ET.

9. Participate in the management of the social works established by the company for the benefit of the workers or their family members.

10. Collaborate with the company's management to achieve the establishment of how many measures to maintain and increase productivity.

11. Inform their representatives on all issues and issues mentioned in issue 1, as soon as they have or may have an impact on employment relationships.

The reports to be issued by the Business Committee or Staff Delegate within the meaning of its powers shall be drawn up within a period of 15 days.

With respect to the credit schedule it may be accumulated in one or more members of a Central Trade Union, whether in the field of the center or the company, with the prior communication to the address of the same.

CHAPTER XIII

Prevention of occupational risks and occupational health

Article 36. General rules.

All companies affected by this Convention shall comply with the laws of law on safety and hygiene contained in Law 31/95 of 8 November Prevention of Occupational Risks and other provisions applicable to them, taking particular care of risk prevention.

Article 37. Health surveillance.

Companies shall monitor the health of workers in accordance with the requirements and periodicity set out in the relevant plan, after having assessed the risks of each job.

Article 38. Joint Commission for the Prevention of Occupational Risks.

The parties constitute a Joint Commission for the Prevention of Labour Risks, which shall be composed of four members appointed by the Trade Unions and four members appointed by the Business Organisation, who have been parties to the negotiation of this Agreement.

The Joint Committee may assume specific functions to examine the adequacy of the current rules on the prevention of occupational risks to the specificities of the sector and, where appropriate, to incorporate them into the text of the Convention.

Article 39. Temporary disability supplement due to accident at work.

Companies will pay workers who cause a job accident to be paid a supplement which, together with the provision of mutual benefit, will enable them to charge an amount equal to the remuneration they would have received in the Ordinary day up to eighteen months. This supplement will be paid to the worker while he is in the company, depending on the nature of his contract.

First transient disposition. Wage increases.

The final salary tables for 2015 are as set out in the corresponding annexes. The corresponding amounts shall be paid as from 1 January 2015.

ANNEX I

Final tables year 2015

Level

4

Category

Salary base/euro

Plus EUR/hour clock

Overtime

Month

Year

1.681.96

23,547.44

3.33

2

Media entitled

1.597.79

22.369.06

3.01

3

Untitled Technician

1.513.59

21.190.26

2.76

3

1.513.59

1.513.59

Centro_table_body " > 21.190, 26

2.76

3

1.513.59

21.190.26

2.76

4

1,429.40

20,011.60

2.48

Head of 2.

1,429.40

20.011, 60

2.48

Official 1.

1.303.07

18.242, 98

2.19

13.11

5

1.303.07

1.303.07

Centro_table_body " > 18.242, 98

2.19

13.11

5

1.303.07

18.242.98

2.19

13.11

5

Sales Inspector

1.303.07

18.242.98

2.19

13.11

5

Capataz

1.303.07

18.242, 98

2.19

13.11

6

Officer 2.

1.176.80

16.475, 20

1.96

12.20

6

1.176.80

1.176.80

Centro_table_body " > 16.475, 20

1.96

12.20

6

1.176.80

16,475.20

1.96

12.20

6

1.176.80

1.176.80

1.96

12.20

6

Store

1.176.80

16.475, 20

1.96

12.20

7

Official 3. or Assistant

1,050.52

14.707.28

1.55

11.36

7

Auxiliary

1,050.52

14.707, 28

1.55

11.36

7

1,050.52

1.707.28

1.55

11.36

7

7

Watch

1,050.52

1,707.28

1.55

11.36

7

Telefonista

1,050.52

14.707, 28

1.55

11.36

7

Jarmoney

1,050.52

14.707, 28

1.55

11.36

8

Peon

1,050.52

14.707, 28

1.55

11.36

8

Ordinance

1,050.52

14.707.28

1.55

11.36

8

8

1.550.52

1.55

1,55

1,55

11.36

ANNEX II

Practices Contracts

Training Contracts

A. Technical staff

1. Technician with top title.

Yes

2. Technician with no higher title.

Yes

3. Technical not titled.

No

B. Administrative staff

1. Head of 1.

Yes

2. Chief of 2.

Yes

3. 1. Officer

Yes

4. 2.

Yes

. Auxiliary.

No

6. Traveler, Seller, Buyer.

No

7. Phone.

No

C. Merchant

1. Sales Manager.

Yes

2. Sales Inspector.

Yes

3. Traveler.

Yes

4. Square runner.

Yes

D. Workers

1. Master or Charged.

Yes

2. 1. officer.

No

3. 2. Officer.

No

4. Bottling operator.

No

5. Helper.

No

6. Driver-Mechanical.

No

7. Driver-Repartidor.

No

8. Pawn.

No

E. Subalternate

1. Store.

No

2. Vigilant jury industry and commerce.

No

3. Gardener.

No

4. Save or Porter.

No

5. Cleaning staff.

No