Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10906
Seen the text of the Second collective Convention State for bottled drinking water industries sector (code of Convention No. 99014405012008), which was signed, dated 2 September 2015, on the one hand by Business Association National Association of water companies of beverage packaged (ANEABE), on behalf of the sector, and other companies on DC food Federation trade union organizations. OO. (FEAGRA-CC. OO.) and the Federation of industry and agricultural workers of the UGT (FITAG-UGT), on behalf of workers in the sector, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, consolidated text approved by Royal Legislative Decree 1/1995 of 24 March, and in the Royal Decree 713/2010 , of 28 of mayo, on registration and deposit of conventions and agreements collective's work, this direction General of employment resolves: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means from this Management Centre, with notification to the Negotiating Committee.
Have your publication in the «Bulletin official of the State».
Madrid, 24 September 2015.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.
II CONVENTION COLLECTIVE SECTORAL STATE FOR THE SECTOR OF INDUSTRIES OF WATERS OF DRINK PACKED CHAPTER I scope of application article 1. Legal nature.
The present Convention collective is subscribes to the amparo of it willing in the paragraph 1 of the article 83 of the text consolidated of the law of the Statute of them workers and repeals the I Convention collective sectoral State for the sector of industries of waters of drink packaged.
It established in this Convention collective sectoral State exhausted the negotiation collective sectoral in those areas territorial lower (regional, provincial or local).
Collective agreements and company agreements have priority application in its entirety and in all specific matters and matters stated in this agreement not may apply to those, unless the entitled parties establish the submission of certain materials to this State sectoral collective agreement and with respect to the provisions of the law.
Article 2. Territorial scope.
The Convention shall apply throughout the Spanish territory.
Article 3. Functional area.
The Convention governs labour relations in all companies whose activities consist of exploitation and bottling of bottled drinking water, including Centers work, deposits and exclusive stores of such activity.
Article 4. Personal scope.
The Convention will be applied to all workers performing their tasks at the service of a company included in its functional scope, except for the excluded or those affected by special labour relations governed by legal provisions of a general nature.
Article 5. Temporary scope.
5.1 validity. He Convention will enter in force the day first of the month following to the signature of the same, without prejudice of the date of its publication in the «Bulletin official of the State» and its effects economic is retrotraerán to the 1 of January of 2015.
5.2 duration. The Convention will have a duration from the 1 of January of 2015 until the 31 of December of 2015, except in those materials for which is pacte expressly a duration lower or upper, in whose case is will be to it specifically established.
5.3 extension. Case of not mediate denunciation by any of them parts legitimized for the negotiation, the Convention is extended by periods annual.
5.4 complaint. The part that want to denounce the Convention or any of them materials that have a duration different must perform it by written before it another, unless, within the last month of the force respective and must realize them materials object of modification. Them deadlines for the negotiation is adjusted to them established in the standards in force.
CHAPTER II structure professional article 6. Principles of management.
1. the professional classification has merely a character, unless businesses come obliged to establish, in its organizational structure, each and every one of the professional groups, and without that it affects the professional structure set by the conventions of the companies of the sector, in force at the entry into force of this agreement.
2. the professional classification of the staff affected by this Agreement shall be carried out by professional groups.
3. the different roles and functions that define each group are merely guidance and all workers in the industry will be required to run the works and operations that ordering them superiors, within the General tasks of your professional group.
Article 7. Classification according to the functions. Occupational categories and groups.
1. the staff of the companies will be framed in one of the following groups and professional categories: technical staff.
2.1. technical staff: graduates: with superior title: are those professionals who possess a title awarded by the universities or schools that play in the company, with labour, the functions of their profession.
With medium title: are those professionals provided with title of diploma, technical engineer, technical architect, graduated Social, technical, sanitary technician or other similar titles that play in the company with labor the functions of their specialty.
Not qualified: general manager. It is the employee freely appointed by the company that under the orders of the Director or the representatives of the services of coordination between the different sections of it, transmitting the steering inputs and hold control over workers and junior staff and direct responsibility for the company.
In charge of the section. Is the employee that low them orders of the responsible general directs them works of a section determined within the plant of bottleneck, corresponding you the responsibility of the work that made them groups of workers low their orders, as well as the command, surveillance and discipline of the personal that compete to their section.
2.2 personal administrative: Chief of first. Is the employee designated freely by it company that to them orders immediate of it management or address takes it responsibility direct of the office and of all them sections that constitute it industry, being responsible of print les unit, being also the Chief top of all the personal that pay services in it company.
Chief of second. It is the Administration that acts to immediate orders of the head of first respective, if any, and is responsible for guiding, suggest and give unity to the section or unit responsible, as well as distribute work among officers, assistants and other staff that depend on and responsibility inherent in charge also has.
In this category is included also the employee of the company who is in charge of a branch office, deposit sales or warehouse exclusive of the industry itself outside the locality where it is situated.
Accounting. It is the administrative freely appointed by the company which, under the immediate command of management or direction of the same or of the first head, if any, is responsible for the accounting of the company, checking all operations of this kind, depending on his initiative the formalization of seats, current accounts, major newspaper, correspondents, etc.
Cashier. It is the administrative freely designated by the company, having or not the same powers, can sign books against certain bank accounts and formalise receipts that are in their care and is responsible for the billing, payments and changes that occur in their dependence, as well as the clientele who paid invoices and receipts of the company , and also that the accounting you deliver to be paid or charged.
Official's first. Is the employee that with initiative and responsibility restricted and with or without others employees to their orders, has to its charge in particular them functions of typewriting, office of correspondence and auxiliary of Contable-cajero, carrying them accounts running of customers and holding correspondence with the address of it company for exercise its work out of the town where this file.
Official's second. Employee, mayor of twenty-one years, which, with initiative and responsibility restricted to his work, helps to first in his accounting officer if the importance of the company as well requires it and cares for the Organization of files and files and other similar works, and assist with the drafting of bills and calculation of social insurance.
Auxiliary. They are employees dealing without initiative and problem-solving liability, within the office, basic operations and in general to the purely mechanical inherent in clerical work. The typists will have this category.
2.3 commercial staff:
Head of sales. Is the employee that usually has to its charge it address and control of all them operations of sales, programming them itineraries of displacement of the personal to their orders, as well as the determination of them guidelines or criteria according to which must perform is, following them guidelines and prior approval, that receive of the address or management of the company.
The head of sales will be under his direct command Inspector sales, travelers and brokers.
Inspector of sales. It is the employee who, depending on the head of sales, if any, or direction, otherwise, carry out visits, travel, tests, statistics, studies, projects and other actions that are assigned in order to the functioning of the Organization of the sales of the company on various aspects of commercial promotion, advertising and order service.
Traveler. It is the employee who, at the exclusive service of the company to whose template they belong and in possession of the knowledge needed for their mission on routes previously designated trips, offers goods, takes note of requests, informing them and transmits the orders received, charges the invoices indicated them, paying account management on each trip to their superiors and must remain in the offices of the company , performing works related with the sales when not be hallen in travel.
Corridor of plaza. Is the person that within a certain locality, and by has exclusive of it company, performs the functions assigned to the traveling.
(2.4 workers: to) the cycle of bottling: integrate this group workers who perform tasks specific to the process of bottling and delivery of water.
Foreman. It is the worker who at the orders of the general manager or Manager section, if any in the company, has the task of guiding the work of a group of workers of bottling of a Department or section, by distributing the work among them and pointing the way to develop it. Has of have them knowledge necessary to interpret them instructions that receive of their upper as well as to make them perfectly and transmit them to their subordinate, being responsible of the operation and discipline of the group.
Operator of filling. It is the specialist dedicated to one or more tasks of the filling cycle. They are typical of these operators work: washing by hand or machine from bottles; filling manual or mechanical water; closing, labeling and wrapping of the vessels; packaging and embedded; cleaning of machines and facilities, its oil and entertainment; the loading and unloading boxes of bottles; entertainment and conservation in good condition of the premises and any other work of the filling cycle.
b) of various crafts: make up this group of workers who have jobs corresponding to the trades of Carpenter, bricklayer, electrician, driver hire, etc., then pointing out the definitions of the different categories: first officer. Is one operator that owning any of them trades classic it practice and applied in such grade of perfection that not only you allows carry to out works General of the same, but those others that pose special effort.
Second officer. Is that worker that, without get to the specialization required for them works perfect, running them corresponding to the trade that possess with the sufficient correction and dexterity.
Official third or Assistant. It is the worker who, having made learning a trade, it has not yet reached knowledge practical or essential for the work with the correction required a second operator, and must assist senior officers in their work and make those of less importance designated them.
Conductor-repartidor. It is the worker who, using a truck or van company, performs the functions of distribution with or without autosale, attends the driving of the vehicle, repair of faults that do not require necessarily resorting to the services of a workshop, the loading and unloading of goods until the premises or establishment, loading and unloading of returned containers by itself and in your case, the collection of the amount or collection of the «subject» in the delivery note. You must properly care for cleaning, conservation and entertainment of the vehicle.
Driver. It is the worker who drives a vehicle which is transported goods for the service of the company, without performing functions of loading and unloading of the same.
Pawn. They are those operators responsible for executing tasks for which only required the contribution of physical effort and attention, without the requirement of any surgical practice to make his performance right and correct.
2.5 personal junior: storekeeper. It is responsible for the general store of the company, being responsible for carrying the records and files of supplies, materials, tools, etc., also taking care of dispatching orders and send appropriate relations offices.
Ordenanza-Cobrador. It is the junior who performs the functions of collection and payment by order of the company outside the same dependencies, dedicating part of day not absorbed by the task to carry messages or orders, collecting or delivering correspondence and perform elementary, as copying documents from press, make photocopies, place the correspondence in envelopes with preferential and normal character , etc.
Ordinance. It is the worker who is in charge of the surveillance of the premises of the office during working hours, running errands and orders you assigned, copies of documents to press, collection and delivery of correspondence and any other analogous functions that be ordered.
Security guard-sworn guardian. It is the junior who performs functions for day and night surveillance of agreement, where appropriate, legal provisions within the enclosure of the establishment, spring, or other units of the company.
Doorman or Concierge. They are the workers who, in accordance with the instructions received from their superiors, take care of access to the premises of the company and other places, duties of custody.
Telephone operator. It is the worker who, having as its mission be to care and service of the PBX installed in the company, record and transmit receive many notices.
Gardener. It is the worker who has as its fundamental mission the arrangement and preservation of parks or gardens that belong to the company with deep knowledge of plants and flowers.
Cleaning staff. It is the staff dedicated to the functions of the toilet of the premises of general use and those for offices.
CHAPTER III functional mobility article 8. Functional mobility.
1. the employee must comply with instructions of the employer or person in whom this delegate in the normal exercise of its organizational and managerial functions, and must run the jobs and tasks entrusted to him, within the general content of the labor provision. In this sense, you can be conducted a functional mobility at the heart of the company, acting as limit to the provisions of articles 22 and 39 of the Statute of workers.
2. the functional mobility of workers in the professional group will occur whenever fitness necessary for the performance of the functions of the post build employee benefits basic another post, upon the realization, if this is necessary, simple processes of training or adaptation.
3. the realization of functions of upper or lower group will be in accordance with the provisions of article 39 of the Statute of workers.
CHAPTER IV pay structure article 9. Base salary.
1. the wage base is the part of the remuneration of the worker, fixed per unit of time, depending on your professional category.
2. the amount of base salary will be that set out in annex I.
Article 10. Wage supplements.
1 night plus. Staff working in night shift charged in concept of «night plus» quantities specified in annex I.
2. incentives. By agreement between the representatives of the workers and the employer may agree a complement that will give back the higher performance of the worker, both for productive activities as commercial.
Article 11. Extraordinary bonuses.
1. workers falling within the scope of this Convention shall receive two extra payments annually: July and December, which will be composed, at least 30 days of base salary.
2. in the cases of new addition, reentry or cessation, the amount of the extra payments will be calculated in proportion to the time worked during the year.
Article 12. Form of payment of wages.
1. the payment of wages will be by monthly periods or according to the custom observed in each company, in currency of legal tender or by heel or another form of similar pay through credit institutions.
2. already paid in cash, already by any of the means set forth in the preceding paragraph, the employer is obliged to give the worker the receipt of wages.
3. workers hired in time partial will receive all compensation concepts in proportion to the time worked.
CHAPTER V income article 13. Trial period.
In labour relations may be fixed, provided that it is concluded in writing, a trial period that in no case shall exceed: entitled technical staff of top grade or, Director, Chief of staff and head of sales: six months.
Manager general, personal technical not entitled, personal business: three months.
Administrative staff and workers: two months.
Ratings of ancillary activities, personal: one month.
For training and contracts in practice: A month.
Staff not qualified: fifteen days.
During the period of test the worker will have them rights and obligations corresponding to its category professional and since of work that play, as if out of template, except them derivatives of the resolution of the relationship labor, that may produce is to instance of any of them parts during its course, without need of prior notice and without any of them parts have right to compensation any.
Worker on probation will be required to perform professional, psychometric tests and medical check-ups appropriate the company.
During the periods indicated, both the worker and the company can withdraw from the test or proceed with the termination of the contract without notice or right to compensation.
After the trial period unless the withdrawal has occurred, the contract will produce full effect, computing in the same for purposes of seniority.
Passed the trial period, the worker will become part of the staff of the company with the category that matches in each case, of the nature of fixed or for the agreed period, in accordance with the provisions in force.
The situation of temporary disability, maternity, adoption or foster care affecting the employee during the trial period, interrupts the computation of the same.
CHAPTER VI procurement article 14. Recruitment.
The content of this chapter is subject to the laws in force and the future legislative changes that may occur, in which case shall apply the transitional arrangements provided for therein and, not contemplated by the transitional regime, the application of the rules contained in this chapter what is contrary to norms of law necessary in the existing legal regulation will be ignored.
Article 15. Eventual contract.
(In attention to them features of the sector, that behaves frequent e irregular periods in which is accumulate them tasks or is produce excesses of orders, them companies may make contracts any to the amparo of what is sets in this agreement and in the article 15.1. b) of the Statute of them workers and others provisions regulatory by a term of up to twelve months within a period of eighteen months Computing in the same from the date in which occurs the cause or circumstance that justifies its use.
When is made these contracts by a term lower to the period maximum established may extend is before its end, by agreement between the parts, without in any case the time accumulated can exceed of the mentioned term maximum.
Means all the intended effects on this precept which concur the circumstances provided for in article 15(1). b) of the Statute of workers, with the simple reference to this article of the Convention in the employment contract.
Article 16. Training contracts: practices and for training and learning.
1. the contracts of work in practices and for the training and the learning is can celebrate with them workers belonging to them categories professional that listed in the annex II.
2. all workers engaged in practices according to the legislation in force, shall have the same rights as those specified for workers in the same category, except in pay, which will be, in the first year of 60% and in the second of 75% of the wages fixed in this Convention for a worker who performs the same or equivalent job. In any case the amounts resulting may be inferior to the wage minimum interprofessional.
3. only contracts for training may be over the age of sixteen and under twenty-five years, except that the current regulations allow the celebration to another different age and with a maximum duration of three years. Remuneration will be 80, 85 and 90 per cent of the wages fixed in this Convention for a worker who performs the same or equivalent job. In any case the resulting quantities may be less than the national minimum wage.
He time of work effective, compatible with the training, not may be superior to the established in the regulations of application.
4. the parties may agree extensions for the contract in practice, in accordance with the legislation in force, without the same may exceed the total duration of the contract and without the duration of each extension can be less than the minimum duration of the contract.
Extensions in accordance with the legislation in force and that the total duration of the contract does not exceed the maximum duration of the contract may be carried out also in the case of the contract for training and learning.
Article 17. Contract for works or service determined.
They may conclude contracts of this nature when the worker will perform work or tasks that are determined then: 1.1 construction, expansion, rehabilitation and repair of works in general.
1.2 installation, commissioning and repair of: machinery and equipment.
1.3 activities related to organizational, industrial, commercial, administrative processes and services, such as: centralization of tasks scattered in other workplaces.
New production line.
Quality control, research and development.
New product or service.
Market research and surveys.
Opening of new markets and areas of distribution.
1.4 implementation, modification or replacement of systems software, accounting, administrative and personnel management and human resources.
1.5 business from supply contracts that have been agreed by the company with public administrations by commercial, administrative contract or contest.
1.6. other activities that are comparable to the former by analogy.
CHAPTER VII professional training article 18. Vocational training.
Workers are entitled to adequate vocational training, which is aimed, first and foremost, a: to) facilitate the integration into professional life.
(b) maintain and improve the knowledge, to facilitate internal promotion and encourage the improvement of productivity in the enterprise and in the whole of the sector.
(c) promote the creation of new jobs and its adaptation to technological innovation.
(d) to promote the hiring of women in gender equality policy.
To this end, enterprises and signatory unions will lead to the establishment of training programmes with the SEPE, tripartite Foundation for training in employment and other agencies and institutions that facilitate aid through concerts with companies or specialized institutions in order to achieve the designated objectives.
The companies will continue to them tasks of training internal of its personal, in the form that it come doing until the date.
The companies of the sector is undertake to impart to their workers the training proper in hygiene food of conformity with the legislation existing.
CHAPTER VIII management of the time of work article 19. Day labor.
1. the day annual of work effective, both for the day continued as to the day heading, will be of 1.790 hours.
2. by agreement with those representatives legal of them workers can establish is any other system of organization and distribution of the day different of the here regulated.
3. companies that have been working in regime of rotating shifts from Monday to Sunday, will do so through the corresponding agreement in the company.
Article 20. Weekly rest.
The employee is entitled to a weekly rest of two consecutive days, being one of them Sunday. The case of shifts will have a specific treatment within the law and the agreements between parties.
Article 21. Holiday.
1. the staff will enjoy a total of 22 working days holiday paid a year or the proportion corresponding to the length of your stay in the company.
2 the address of the company and the representation of workers will determine the time of year to enjoy the system of rotating shifts of the holidays, attending to the needs of the service and according to the following criteria: to) given the seasonality of production employers may exclude holiday period as the months of may, June, July, August and September.
(b) the period of vacation can be fractionated by agreement of the parties and must be one of the periods, at least fifteen days in a row.
3. the calendar of holiday is set in each center of work so that the worker know them dates that you correspond two months before, at least, of the start of your enjoyment.
4. in any case, them holiday will be susceptible of compensation economic, except in the case in that the worker cause low in the course of the year, to which, to the practice you the discharge, is you will compensate, in metallic, it part proportional of holiday that could correspond you, sick it amount resulting, in the so-called of have enjoyed more days of which proportionally you corresponded until the date of the low.
5. no provisions of this wording in it will be stipulations in law.
Article 22. Overtime.
(The hours extraordinary is classified in: to) of forced realization: is considered as such them motivated by the need of prevent or repair claims u others damage analogues, that not computed for the purposes of them stops legal, as well as for supplementing absences or changes in them shifts of work, with a maximum of two hours in these two last alleged.
(b) of voluntary preparation: all those not referred to in the previous letter.
The hours extraordinary is paid well economically either through rest compensatory. In cases in which the completion of overtime is mandatory, it shall be the worker the choice between recovery or rest. If overtime is voluntary, the choice between payment and the rest will be up to the company. In both cases if it continued for the rest, this will be enjoyed in accordance with the needs of the service.
The amount of them hours extraordinary will be that for each group Professional is set in the annex I. When the completion of overtime is compensated with rest this will be hour-by-hour.
The address of the company shall report periodically to the Committee of company, to them delegates of Personal or delegates Union on the number of hours extraordinary made.
CHAPTER IX licenses and leave article 23. Licenses.
Worker, upon written request, may be absent from work, with right to remuneration, in the cases listed below, and the duration indicated: a) fifteen calendar days in the event of marriage.
(b) three days in case of birth of child or death of spouse or children.
(c) two days in case of disease serious of the spouse or children and disease severe, hospitalization or death of father, mother, grandchildren, grandparents or brothers of one or another spouse. When the worker needs, both in the cases provided for in this subparagraph (c)) as in b above), make a shift to other than his habitual residence town the time will increase for the time necessary for such displacement and up to a maximum of four days in total (permanence and displacement). Means «different town» shift that gave the address of the worker more than 150 kilometers.
(d) a day by marriage of parents, children and siblings natural, as well as transfer of normal residence.
(e) by the time necessary to visit the doctor.
(f) by the time necessary for the fulfilment of an inexcusable duty of public and personal character.
(g) one day a year to own affairs.
The licences referred to in paragraphs b), c) and f) will be awarded at the event, without prejudice to its further justification, the same day of your return to work.
The days of the licenses will always be uninterrupted, always being the fact that motivates the permission within days of it, not being eligible for license hours worked on the day that starts the same and natural.
Article 24. Licenses for studies.
Them workers that should present is to test, as consequence of be enrolled in a center official, by reason of study studies or career professional, request permission of the company, that must be them granted by the time necessary and until a maximum of ten days by year. This permission will be paid, justifying the same attendance and that the ordinary or extraordinary call half of the reason for the tests subjects have been adopted, at least in due form.
Excluded from these licensing examinations of drivers and that the worker required for incorporation into administration or an undertaking other than that in which it provides its services.
Article 25. Leaves of absence.
The regime of leaves of absence will be which is regulated in article 46 of the Statute of workers.
The request for re-entry in the event of unpaid leave shall be made within the period of the leave of absence; If you don't request it in the designated period, means that the beneficiary causes opt-out.
The requested leave time has elapsed, will be under the authority of the company expand or extend it at the request of the employee.
Applied for re-entry in time and form, and once exhausted the period of leave, the employee will be entitled to fill the first vacancy that occurs within your category.
In no event shall constitute justificatory cause for the request for the unpaid leave the pretension of the employee provide their services in other establishments in the industry.
Article 26. Conciliation of family life.
1. with independence of it established in them articles earlier, is will ensure by the compliance of the provisions relating to the conciliation of the life family.
2. permission for breastfeeding. Workers, nurse one child younger than nine months are entitled to one hour's absence from work, which may be divided into two fractions. The duration of the permit will proportionally increase in cases of multiple birth, adoption or foster care.
Who exercised this right, by their own free will, you can replace it with a reduction of half an hour on his normal day for the same purpose either accumulate it in whole days.
Where the worker elects to the accumulation of the permission of lactation, the number of days to enjoy will be a total of 14 consecutive working days. In the case of multiple birth, adoption or foster care, the duration of the permit by accumulation will increase proportionally.
CHAPTER X procedures for settlement of disputes article 27. Adherence to the ASAC.
The parties adhere expressly to the ASAC V and establish that in all those cases in which the law provides for the possibility of solving any kind of controversy or dispute arising from the application of the law or of the present collective agreement through arbitration, submission to this arbitration solution will be voluntary for the parties in conflict.
Article 28. Joint Commission.
1 it establishes a Joint Committee, whose functions will be: to) those of mediation, arbitration and conciliation in individual or collective disputes which are submitted to them.
(b) of the interpretation and application of the agreement.
(c) of the follow-up of the set of agreements.
2. in any matter that arises due to compliance, interpretation, scope or applicability of this agreement, the parties undertake from the time of the approach to the question to not make use of any action of force without prior submission of the same to the Joint Commission. Only if after the good offices of the said Commission had failed to be a solution of the conflict issue, the parties may urge the dispute procedure.
3. the agreements that reach the Joint Commission on issues of general interest shall be considered part of this Convention and will have the same mandatory efficiency. Such agreements will be sent 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 associations, who shall be appointed from among those belonging to the Deliberadora Committee of the Convention.
5. Regulation of operation.
(a) meetings. The Joint Commission will meet for the exercise of the functions mentioned in paragraphs 1.a) and (b)), when their intervention is required and for the exercise of the set in the 1.c), every three months.
(b) calls. The Joint Committee shall be convened by any of the signatory organizations, sufficing to do so a written communication which are expressed the points to be addressed in the agenda.
The Joint Commission shall convene within the term that the circumstances advise depending on the importance of the subject, but in no case to exceed thirty days in general and fifteen days in cases of collective disputes, from the call.
If met said term the Commission not is has gathered is means exhausted the intervention of the Commission joint, can the interested exercise them actions that consider relevant.
(c) discrepancies in the bosom of the Commission joint. The discrepancies in the Joint Commission will be resolved in accordance with the procedures laid down in the ASAC.
(d) quorum-asesores. The Commission shall be validly constituted when a simple majority of each representation.
Parties may attend the meetings with the assistance of a maximum of two advisers.
(e) validity of the agreements. Agreements of the Commission will require, in any case, the vote of 60% for each of the two representations. Each meeting minutes, which will be signed will be lifted by those who do Secretaries and a representative of each party.
(f) address for service. For the purpose of notifications and announcements home of the Joint Commission in Madrid, Serrano Street, no. 76, 5 dcha., is set in ANEABE headquarters.
6. obligation of submission to the Commission joint. The parties are obliged to submit to the Joint Commission prior to any pressure or through judicial or administrative measures, all matters relating to the interpretation and application of the present collective agreement, which are of general interest and which may arise, without prejudice to the subsequent exercise of individual or collective rights.
Non-compliance with the preceding paragraph shall entitle, any of the signatory parties not guilty, the denunciation of this agreement.
In any case, it must be negotiated under the principle of good faith.
7. the Commission negotiating empowers expressly to the Commission joint to perform the assimilation of the categories to them groups professional.
CHAPTER XI disciplinary regime article 29. Principles of management.
1. the present rules of disciplinary pursue the maintenance of labour discipline, which is a fundamental aspect for the normal contact, technical management and organization of the company, as well as the warranty and defence of the rights and legitimate interests of workers and employers.
2 failures, provided that they are constitutive of failure to comply with contractual and guilty of the worker, may be sanctioned by the management of the company in accordance with the ranking established in this chapter.
3. any failure by workers will be classified into mild, serious or very serious.
4. the failure, is which is his qualification, will require communication written and motivated of the company to the worker.
5. the imposition of sanctions by faults serious and very serious will be notified to them representatives legal of the workers, if them any.
Article 30. Graduation of the faults.
1 shall be regarded as minor misconduct: a) tardiness not justified at the entrance to the work or in the output of the work in up to three times in a month, for a total less than twenty minutes.
(b) unjustified absenteeism to a day during the period of a month's work.
(c) the non-communication, with prior notice due the absence to work for just cause, unless you confirm the impossibility of notification.
(d) the abandonment of work without reason for brief periods of time and provided that this has not caused risk to the integrity of people or things, in which case you can be qualified, depending on the severity, such as serious or very serious lack.
(e) the neglect and lack of correction in the try with the public when not harm seriously the image of the company.
(f) the oversights in the conservation of the material that is in charge or is responsible for and slight damage of the same.
2 are considered serious faults: a) tardiness not justified at the entrance to the work or in the output of the work in up to three times in a month, for a total of up to forty minutes.
(b) the absence unjustified to the work of two to four days during the period of a month.
(c) dulling, malicious omission and distortion of the data which they have incidence in Social Security.
((d) the simulation of disease or accident, without prejudice of it prevented in the paragraph e) of the following paragraph.
(e) the impersonation of another worker, altering records and controls entry and exit to work.
(f) the disobedience to orders and instructions, including those relating to the standards of safety and hygiene, as well as recklessness or negligence at work, except that of which they derived serious damages to the company, caused damage to plants, machinery and, in general, goods of the company or comportasen accident risk for people, in which case it will be considered as very serious offences.
(g) the lack of communication to the company from damage or abnormalities observed in tooling, tools, vehicles and works in charge, when it has derived a serious prejudice to the company.
(h) carrying out without the appropriate permission of particular works during the day as well as the use of supplies, tools, machinery, vehicles and, in general, goods of the company for which it has not been authorized or for uses unrelated to the entrusted work, even outside working hours.
(i) the breach or violation of secrets of obligatory reserve which does not cause serious damage to the company.
(j) non-habitual drunkenness at work.
(k) the lack of cleanliness and personal hygiene when it may affect the production process or the provision of the service and provided that, previously, has mediated the timely warning of the company.
(l) the poor execution of the entrusted, provided that it is not stemmed serious damage to persons or things.
(m) the decrease of the yield normal in the work of way not repeated.
(n) the offences of Word made or of work committed against the people, within the center of work, when not are accused gravity.
(((or) the derived from it established in those paragraphs 1.d) and e) of the present article.
(p) the recidivism in the Commission of five fouls mild, although are of different nature and whenever any mediated sanction different of the reprimand verbal, within a quarter.
(3. is considered as failures very serious: to) the tardiness not justified in the entrance to the work or in the output of the work in ten occasions during six months or in twenty during a year.
(b) the absence unjustified to the work during three days consecutive or five alternate in a period of a month.
(c) fraud, disloyalty or breach of trust in the entrusted managements or misappropriation, theft or theft of real property of the company, colleagues or any other person within the premises of the company or during the workday elsewhere.
(d) the simulation of disease or accident or prolongation of downward due to illness or accident with the purpose of performing any work for or self-employed.
(e) breach or violation of secrets of forced reserve which cause serious harm to the company.
(f) drunkenness and drug addiction during the work, which always adversely affect performance.
(g) carrying out activities involving unfair competition to the company.
((((h) those arising from paragraphs 1.d) and 2(f)), l) and m) of this article.
(i) the decrease in voluntary and continued in the normal or agreed upon work performance.
(j) the failure to comply with maintenance in the event of a strike.
(k) the abuse of authority exercised by those who perform control functions.
(l) the harassment sexual.
(m) the repeated not use of them elements of protection in matters of safety and hygiene.
(n) the recidivism or reiteration in the Commission of failures serious, whereas as such that situation in which, with previously to the time of the Commission of the made, the worker had been sanctioned two or more times by fouls serious, even of different nature, during the period of a year.
Article 31. Prescription of them failures.
The faults minor will prescribe to them ten days; them serious, to them twenty days, and the very serious, to them sixty days starting from the date in that the company had knowledge of his Commission and, in all case, to them six months of have is committed.
Article 32. Sanctions.
1 the maximum penalties which may be imposed by the Commission of the offenses listed in the preceding article are as follows: to) due to slight lack: verbal or written reprimand and suspension of employment and salary for up to two days.
(b) by grave misconduct: Suspension of employment and salary of three to fourteen days.
(c) by very serious offence: Suspension of employment and salary of fourteen days to two months, transfer to different Town Center for a period of up to one year or disciplinary dismissal.
2. unfavorable annotations that may be stated in the personal records as a result of the sanctions imposed shall be cancelled at the end of periods two, four or eight months, depending on whether mild, serious or very serious lack.
CHAPTER XII Union Rights article 33. Trade Union delegate.
The figure of the steward in those companies that have a staff of more than 250 workers is recognized in accordance with article 10 of the law 11/1985, of 2 August on freedom of Association.
The steward, who will be elected in the way to prevent the Act, must be necessarily worker of their respective company.
Article 34. Functions of the Union delegate.
The steward, in the event that is not part of the works Committee, will have the same guarantees as those legally established for the members of that one, as well as the following rights: 1. have access to the same information and documentation that the company put at the disposal of the Committee being obliged to keep professional secrecy in matters in which legally appropriate or required to justifiably.
2. attend the meetings of the Committee of company and other internal organs in the field of safety and health, with voice but without vote.
3 be previously heard by the company to the adoption of collective measures affecting workers in general and the members of his Union in particular and, especially, in the dismissals and sanctions for serious misconduct which impose on the latter.
4. when the use of a suitable venue in which to develop its activities, in those workplaces with more than 250 workers.
Article 35. Committees of company and delegates of Personal. Competencies.
He Committee of company or them delegates of Personal, in its case, will have them following skills: 1. receive information that you will be provided quarterly, unless, on it evolution general of the sector economic, on the situation of it production and their sales, on them programs of production when them has and on the likely evolution of the employment in the company.
2. know the balance sheet, the income statement, memory and, in the event that the company the form of society by shares, other documents that become members, and under the same conditions as these.
3 issuing report prior to implementation by the employer of the decisions taken by this on the following issues: to) restructuring of template and total or partial, definitive or temporary ceasefires that.
(b) reductions of day, as well as total or partial transfer of the facilities.
(c) vocational training plans.
(d) implementation or revision of systems of organization and control of the work.
(e) study of times, establishing systems of bonuses or incentives and valuation of jobs.
4 issue report when the merger, absorption or modification of the legal company «status» suggest any impact that affects the volume of employment.
5 know the models of employment contract written that use in the enterprise, as well as documents relating to the termination of the employment relationship.
6. be informed of all the sanctions imposed by fouls very serious.
7 meet on a quarterly basis, at least, the statistics on absenteeism and its causes, accidents at work and occupational diseases and its consequences, accident rates, periodic or special working environment studies and prevention mechanisms used.
8 exercise a task: to) monitoring compliance with regulations in labor, employment and Social Security, as well as the rest of the Covenants, conditions and company applications in force, asking if necessary, legal action before the entrepreneur and the agencies or courts.
(b) for monitoring and control of conditions of safety and hygiene in the development of the work in the company, with the particular conditions laid down 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 families.
10 working with the direction of the company to achieve the establishment of measures seek the maintenance and increase of productivity.
11 inform their clients in all matters and issues indicated in number 1, as soon as directly or indirectly have or could have impact on labour relations.
Reports which must issue the works Committee or delegate of personnel according to their competences are to be compiled in the period of fifteen days.
Credit hours this may be accumulated in one or several members of a Trade Union Confederation, either at centre or company level with previous communication to the address of the same.
CHAPTER XIII prevention of occupational health and safety article 36. General rules.
All companies affected by this Agreement shall comply with the legal rules of safety and health contained in the law 31/95 of 8 November of prevention of occupational risks, and other provisions that may be applicable, especially according to the prevention of risks.
Article 37. Health surveillance.
The companies carried out surveillance of the health of workers in accordance with the requirements and the periodicity laid down in the relevant plan, once evaluated the risks of each job.
Article 38. Joint Commission for the prevention of occupational risks.
The parties constitute a Joint Committee for the prevention of occupational risks which will be composed of four members appointed by the trade unions and four members appointed by the business organization, which have been parties to the negotiation of this agreement.
The Joint Commission will take specific functions to study the adequacy of current legislation on the prevention of occupational hazards to the peculiarities of the sector and, where appropriate, incorporate them into the text of the Convention.
Article 39. Supplement for temporary disability due to accident at work.
Companies pay workers causing low due to accident at work a complement which, together with the provision of mutuality, allows them to charge an amount equal to the remuneration which would have perceived in ordinary day up to a maximum of eighteen months. This supplement shall be paid to the worker while it is high in the company, according to the nature of their contract.
First transitional provision. Wage increases.
Tables of final salaries for 2015 are those contained in the corresponding annexes. The amounts should be paid from 1 January 2015.
ANNEX I tables final year 2015 level category salary base/euros Plus night euros/hour hours extra month year 1 technical entitled top 1.681,96 23.547,44 3.33 2 technician entitled half 1.597,79 22.369,06 3.01 3 technician not entitled 1.513,59 21.190,26 2.76 3 Chief of 1st 1.513,59 21.190,26 2.76 3 head of sales 1.513,59 21 .190,26
Jefe de 2.ª
Oficial de 1.ª
Inspector de ventas
5 foreman 1.303,07 18.242,98 2.19 13,11 6 official 1.176,80 2nd 16.475,20 1.96 12.20 6 traveler 1.176,80 16.475,20 1.96 12,20 6 operator of bottled 1.176,80 16.475,20 1.96 12.20 6 driver deliveryman 1.176,80 16.475,20 1.96 12.20 6 storekeeper 1.176,80 16.475,20 1.96 12,20 7 official d e 3rd 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 collector 1.050,52 14.707,28 1.55 11,36 7 vigilant 1.050,52 14.707,28 1.55 11,36 7 operator 1.050,52 14.707,28 1.55 11,36 7 fielder 1.050,52 14.707,28 1.55 11.36 8 14.707,28 1.050,52 Peon
1.55 11,36 8 Ordinance 1.050,52 14.707,28 1.55 11,36 8 Personal cleaning 1.050,52 14.707,28 1.55 11,36 ANNEX II contracts in practice
Contract formation to. Personal technical 1. Technician with a degree.
2. Technical with title not superior.
3. Technical not entitled.
No Yes B. staff 1. Jefe de 1.ª
2. Jefe de 2.ª
3. Officer 1st Yes Yes 4. Official of 2nd Yes Yes 5. Auxiliary.
6. Traveler, seller, buyer.
7. Telephone operator.
Commercial No Yes C. staff 1. Head of sales.
2. Sales Inspector.
4. Corridor of plaza.
Yes Yes D. workers 1. Master or Manager.
2. Official of 1st.
3. 2nd officer.
4. Operator of filling.
Not not E. Personal Junior 1. Storekeeper.
2. Vigilante jury industry and trade.
4. Guards or doorman.
5. Cleaning staff.
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