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Resolution Of 3 August 2015, The Directorate General Of Employment, By Which Register And Publishes The Iv Collective Agreement For National Marine Aquaculture.

Original Language Title: Resolución de 3 de agosto de 2015, de la Dirección General de Empleo, por la que se registra y publica el IV Convenio colectivo para la acuicultura marina nacional.

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TEXT

Having regard to the text of the Fourth Collective Convention for National Marine Aquaculture (Convention Code No 99016365012007), which was signed, dated 22 June 2015, by the Business Association of Producers of Marine crops (APROMAR), representing companies in the sector, and another by UGT-SMC (Federal Maritime Sector) and the State Federations of Services to Citizenship (Sector of the Sea) and Agro-Food of CC.OO., in representation the working group concerned, and in accordance with Article 90 (2) and (3), of the Law of the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995, of March 24, and in 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 aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.

Second.

Arrange for publication in the Official State Gazette.

Madrid, 3 August 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

COLLECTIVE AGREEMENT FOR NATIONAL MARINE AQUACULTURE

TITLE I

General provisions

CHAPTER I

Article 1. Signatory parties.

Subscribe to the present State Collective Agreement for marine aquaculture, representing the business side, the Spanish Marine Crop Producers Association (APROMAR) and the union representation of workers, by the United States of the Maritime Sector of the State Federation of Services for Mobility and Consumption, by CC.OO the Sector of the Sea of the State Federation of Services to the citizenry, and the State Agro-Food Federation, both sides (the business and trade union representation) with the legitimation and sufficient representation for the negotiation and signature of the same, as established by Title Lll, Article 87 of the Workers ' Statute.

Article 2. Articulation and legal nature.

By virtue of this Collective Agreement pursuant to Article 83.2 of the Workers ' Statute, the structure of collective bargaining in the sector of National Marine Aquaculture is articulated in the following substantive levels of the Collective Agreement:

a) Collective Agreement on National Marine Aquaculture: Its content regulates the general working conditions to be applied throughout the sector and the validity that is established in the Collective Agreement itself.

(b) Collective agreements or collective autonomous, provincial or enterprise agreements: The content to be negotiated in these negotiating units shall be on the development and adaptation of matters of this Convention Collective, when this is established by express reference. They shall be the subject of negotiation by means of collective agreements of undertakings, matters not covered by this collective agreement.

With the stated structure, the signatory parties consider the collective bargaining in the sector of the National Marine Aquaculture as sufficiently covered within the framework of the statutory framework. This is without prejudice to the provisions of Article 84 of the ET.

This collective agreement has an application preference in each and every one of its contents, with respect to other lower-scope bargaining units. Therefore, given the nature of the exclusive rule and in the interests of its singular nature, the matters which are established in the collective agreement may not be negotiated in lower trading units, either sectorial or enterprise, all without prejudice to the provisions of Article 84 of the Staff Regulations.

The provisions of Article 90 (2) and (3) of the Royal Decree of Law 1/1995 of 24 March, approving the recast of the Law of the Workers ' Statute, and the Royal Decree, will also be within the meaning of Article 90 (2) and (3). 713/2010, of May 28, on Registration and Deposit of Collective Labor Conventions.

CHAPTER II

Scope and extensions of the convention

Article 3. Territorial scope.

This Collective Agreement is national in nature and will therefore be applicable both in the territory and in the maritime zone of the Spanish State.

Article 4. Functional scope.

This agreement obliges all companies located in the Spanish territory, regardless of their domicile, and whose activity is included and applies the National Law on Marine Crops; Law 23/1984, of 25 of ("Official State Gazette" number 153 of 27 June 1984); Law 22/1988 of 28 July; R.D. 876/2014 of 10 October; Decree 2559/61 of 30 November, in which this activity of primary sector is qualified, and subject to the Social Security registration, whether in the Special Regime of the Sea within Group 1, as available at present, or in that regime or group, that the rules governing the framing of the activity determine.

The parties with the aim of avoiding any dispersion that could hinder subsequent collective agreements at the state and sectoral level, undertake not to negotiate or, where appropriate, to the deliberation and conclusion of collective agreement of (a) work at a lower level for these activities; this does not preclude a particular agreement from the employers ' representation of the employees.

Article 5. Personal scope.

This convention regulates industrial relations between the companies included in the functional area described in the fourth article of this chapter and the workers who currently or in the future provide services with a fixed or eventual in the same.

Senior management staff (R.D. No. 1382/1985 articul1, paragraph 2 dated 1 August), which regulates the employment relationship of the special character of such staff, are excluded from the scope of this convention.

Article 6. Duration and duration

This agreement will enter into force and will apply from January 1, 2015 and its validity will be extended until December 31, 2017, with the validity referred to, the agreement will have to be denounced by any of the signatory parties, within three months of their expiry.

This Collective Agreement shall be extended for periods of one year, provided that it does not mediate the timely denunciation. The representation making the complaint shall communicate it to the other parties, expressing in detail in the communication, which shall be in writing, the legitimization it holds, the areas of the agreement and the subjects to be negotiated. The communication must be carried out simultaneously with the act of the complaint. From this communication, a copy, for the purposes of registration, shall be sent to the corresponding labour authority.

Once the Collective Agreement has been denounced, within a maximum of one month of the communication, the negotiating commission will be set up. The parties receiving the communication must respond to the proposal for negotiation and the parties shall establish a timetable or a negotiating plan. It shall be initiated within a maximum of 15 days from the date of the establishment of the negotiating commission.

The maximum period for the negotiation will be twelve months from the date of the end of the previous Collective Agreement, expressly agreeing the parties that all the content of this agreement will remain in force and full application, until the signature of a new convention that replaces it is reached.

However, by agreement of the parties, the maximum period for the opening of negotiations for a new Convention, as well as the time for negotiation, may be extended in accordance with Article 85.3 of the Staff Regulations. Workers.

Exhausted the maximum period for negotiation, the parties will be able to voluntarily adhere to the procedures of the Interconfederal Mediation and Arbitration Service (SIMA), in order to effectively solve the existing discrepancies. after the end of the maximum negotiation period without reaching an agreement.

The parties expressly agree that the entire content of this agreement shall remain in force, and full application, until the signature of a new agreement to replace it is reached.

Article 7. Legitimization of the parties for negotiation.

Once the agreement is defeated and denounced, they will be legitimized for the negotiation or revision of a new one, the same representations that are to be negotiated in accordance with Article 87.2 of the Workers ' Statute. Such legitimation, which shall not be assumed, shall have to be duly accredited at the time of the request for the establishment of the negotiating table, except by the parties to the present agreement.

Article 8. Absorption and compensation.

The articulate of this agreement constitutes an organic and indivisible whole, and is therefore accepted in its entirety.

The most beneficial conditions that workers have in their personal capacity granted by their companies or which come from collective agreements previously applied to the incorporation of this Collective Agreement will be respected. which shall not be absorbed or revalued. However, those linked to the job or the situation and the results of the undertaking shall not be of a consolidable nature.

CHAPTER III

Organization of work, revenue, cessation and classification of personnel

Article 9. Organization of the job.

The technical and practical organization of the work corresponds to the Management of the companies in accordance with the legal provisions on the matter.

Systems of logistics, rationalisation, mechanisation and management of work will not be able to damage the continuing vocational training to which staff have the right to complete and perfect.

The mechanisation, processes and organisation will not be able to justify or produce any reduction in the economic situation of the workers; on the contrary, the benefits that can be derived from them will have to be used in a way that improve, not only the economy of the company, but also the economy of those.

Article 10. Faculty of address.

As provided for in Article 41 of the Workers ' Statute, the Directorate of the Company, where there are proven economic, technical, organisational or production reasons, may agree to substantial changes to the working conditions. Having the maximum time limit of 15 days for the start of consultation with the employees ' representatives. They shall be considered to have substantial changes in working conditions, including those affecting the following subjects: (a) working time; (b) timetable; (c) shift work arrangements; (d) remuneration systems; (e) system of (f) tasks, where they exceed the limits for functional mobility provided for in Article 39 of the Staff Regulations and (g) voluntary improvements to the protective action of social security.

It will be understood that the causes referred to in this article are met when the adoption of the proposed measures will contribute to improve the situation of the company through a more adequate organization of its resources, which favors their competitive position in the market or a better response to demand requirements.

Article 11. Test period.

The income of the new staff to the companies is considered to be carried out for a period of not more than 6 months for the managerial, technical, department heads and intermediate managers, and for two months for the the remaining workers.

During the probationary period the worker shall have the rights and obligations corresponding to the professional category and to the post that he performs as if he were a staff member, except those arising from the resolution of the relationship which may occur at the request of either party during the course of the probationary period.

After the trial period without the withdrawal of the contract, the contract will produce the own effects of the modality under which it has been concluded, in which case the time taken for the service provided to the company.

Article 12. Forms of procurement.

The provisions of Articles 8, 11, 12 and 15 of the Law on the Staff Regulations of the Recast text approved by the R.D.L. 1/1995 of 24 March, as well as the amendments made to that Law by law, will be provided for. or by the R.D.L. in force and those which may in the future be legislated as complementary or modified to those established.

It is agreed that the recruitment of young people, women and over 45 years of age will be given priority, provided that they have the skills of the jobs to be filled.

In order to fill in the previously mentioned norm and the need to establish for the sector its application in attention to the productive peculiarities of this, framed in the emergent activity in the primary sector to which belongs, the following agreements are established in order for the temporality of the contracts and remuneration:

Template stability: Both parties consider that, in view of the characteristics of the activity of the aquaculture sector, it is the objective of the signatory parties to reach within this Collective Agreement the the stability of the templates and that the temporary recruitment, can only be done in those enterprises which are their permanent activity, have at least 70% of their staff in indefinite recruitment. In this regard during the term of this Collective Agreement, these types of temporary contracts will be in accordance with the legal terms and fundamentally the following situations and principles:

Temporary hiring.

It is the will of the parties to the present Collective Agreement, that during the period of validity of this Convention, the temporary hiring-either directly by the companies or, in their case, the concurrent circumstances, by means of Make available contract-have as a reason the following general causes:

1. Cover low IT derivatives.

2. For unforeseen absences.

3. Jobs which, due to their special qualifications, cannot be covered by the staff. Trades these different to those framed by the sector.

4. The execution of unforeseen and unplanned orders within the productive plans of the companies.

5. Abundance of raw materials and whenever an anomaly occurs within each campaign.

They also agree, in addition to the provisions of the template's Stability section, that temporary contracts including making available contracts may not be made as long as the full employment of the entire fixed or discontinuous fixed staff of the company. As a result of having staff at a given time without effective occupation, such staff will-if possible-carry out the tasks of the posts that are required to be covered on an exceptional basis.

As a result of the above general reasons in relation to the contractual modalities, it is established:

Work or service contract determined:

R & D Programs

Pilot projects.

New technology and experimental application programs.

Jobs that by their special qualification cannot be covered by the template staff.

Eventual contract:

By market circumstances, excess orders or accumulation of tasks or emergencies.

The duration of this hiring mode cannot exceed 12 months within the 18-month period.

Interinity Contract:

Cover low I.T. derivatives or holidays.

Exceed.

Other forms of hiring:

Training and learning contracts:

The duration of the contract may not be less than six months or exceed three years. Depending on the template by departments, the number of hires on the basis of this type of procurement shall be governed by the provisions of Article 11 E T and RD. 1529/2012 dated 8 November.

For training and learning contracts, the remuneration will be in proportion to the effective working time and according to the salary shown in the salary table as an annex first to this agreement.

Practices Contracts:

The duration of the contract may not be less than six months or exceed two years.

For this type of contract in practice, the remuneration shall be in accordance with the provisions of Article 11 of the recast of the Law of the Workers ' Statute, in paragraph E and in accordance with the performance of its (a) the degree of qualification provided by the worker; for the vocational training of 2. grade and for the degree of qualification of the group 3. of the 1. of the 1. and for the degrees of degree or equivalent of the one in charge or the technician depending on the production group. Taking into account the time limit for the conclusion of the contract as set out in Article 11 ET.

Relay Contract:

Such a form of fixed-term or indefinite employment shall be the subject of the replacement of the day left vacant by the retired workers in part, subject to the provisions of paragraphs 6 and 7 of the Article 12 of the Staff Regulations, as well as the remaining supplementary rules.

Disabled worker contracts:

The company employing a number of employees of 50 or more will be obliged to, among them, at least 2% be disabled workers. Reserving for them, those feasible jobs for training that they could develop. All this is laid down in Article 4 in RD 1451/1983.

Discontinuous fixed contracts:

The indefinite fixed-time fixed-time contract will be arranged to carry out works that have the character of discontinuous fixed and are not repeated on certain dates within the normal volume of the company's activity, but which do not require the provision of such services every day of the year. All this in accordance with the provisions of Article 15.8 of the Workers ' Statute.

Both parties agree that the working periods of such workers are not made by certain dates, but when the business of the company requires them.

Discontinuous fixed workers must be called every time the activities for which they were hired are to be carried out and their appeal must be made within each category in a relative and successive order. seniority. For this purpose, a listing shall be made which shall be public.

The appeal shall be made, in such a way as to ensure that the worker has been notified, and in advance of not less than 3 calendar days in respect of the day on which the performance of the services. To this end, the worker is obliged to notify any change of address in respect of which the company is aware.

It is understood that the worker gives up his job at the company if he does not join the company on the date for which he has been summoned in the appeal. The lack of incorporation into the appeal will not result in the loss of the shift in the order the worker has when he is in a situation of IT, maternity, paternity and other causes that can be justified and credited.

No temporary contracts may be made in the company, in any form, be it the contract, the contract, the work or service, the replacement or the interinity contract and those made available by ETT, as long as there are workers (a) discontinuing outstanding calls with the professional category and the same job to be covered under the contract.

They will have priority to cover continuous fixed jobs that exist in the company within their professional category, in order of seniority.

These workers will not sign contracts every time they start the activity, being sufficient for it to be high in Social Security, causing low in the same in reverse order to that of their appeal when the the need for the provision of their services.

The condition of discontinuous fixed assets will be acquired by those workers who are hired as such and those other casual workers who are hired for the second consecutive year with a temporary contract or ETT and would have A minimum of 180 days per year has been discharged into the Social Security.

Article 13. Professional classification.

Professional groups are set, which must allow:

-Increase the degree of polyvalence.

-Employability.

-Flexibility.

-Workers ' functional mobility.

Agreeing as such:

Group 1: Technicians.

Group 2: Administrative.

Group 3: Production.

Group 4: Services

Group 5: Maintenance.

Company staff will be ranked as follows:

Group 1. Technicians.

Technical Director.

Head of Department.

Section Chief.

Technical A.

Technician B.

Group 2. Administrative.

Administrative Chief 1. ª

Administrative Chief 2.

Administrative Officer 1.

Administrative Officer 2.

Administrative Auxiliary-Telefonista.

Ordinance.

Group 3. Production (Land Farms or floating cages).

Manager or Plant Manager (Aquaculture-Piscultor).

Aquaculture Embark Pattern.

1. ª Aquaculator Diver

2. Acuicultor Diver

Official Aquaculture 1. ª

Official Aquaculture 2. ª

Specialist Aquaculture.

Sailor.

Aquaculture Auxiliary.

Group 4. Services.

Packaged responsible-classifier (1. Acuicultor).

Classifier wrapper.

Guard, Vigilante, Doorman, sea watchman.

Pawn.

Cleaning Staff.

Group 5. Maintenance.

Maintenance Technician.

Driver-machine.

Official 1. Th Maintenance.

Official 2. Th Maintenance.

Maintenance Auxiliary.

Store.

Redero.

The number of workers in the company by group and professional category will obey the productive need based on the programmed objectives, for which the organization of work will be established based on the above mentioned

13.1 Defining professional groups and levels within the professional classification system.

Group 1. Technicians.

Belong to this professional group people who, by academic knowledge or professional experience, have assigned managerial or executive responsibility functions, coordinator or adviser, with autonomy, capacity of monitoring and accountability, in line with the assigned functions.

The following levels are set within the group:

Technical Director. -That worker who, possessing an optional higher degree of Biology or Sea Science or any other that applies to the activity, organizes, plans, schedules, directs, executes and carries out the control of the company in the technical part of the aquaculture, as a maximum responsible for the fulfillment of the objectives of production that are marked by the General Direction or Management, carrying out for it the technical reports and programs that the General or Management entrusts you.

Head of department. -This is a worker who, having a higher optional degree or equivalent knowledge recognized by the company, directs, with a central character, a group of sections comprising his/her functions, among others, the organization responsibility planning, execution and control, with dependency on the Company's Management.

Head of Section. -This is a worker who holds an optional degree or equivalent knowledge recognized by the company, has a section or a particular sector responsible for the development and planning of the activities specific to its section or sector, with a dependency on the Technical Directorate and/or the Head of Department.

Technician A. -This is a worker who holds a University degree with or without staff in his or her position, performs high specialization functions and provides services in some departments or technical areas, such as laboratory, research, production, etc., which can only be attributed by the company to him as the holder of such knowledge in the relevant area.

Technician B. -It is the worker who is in possession of the professional training qualification or equivalent knowledge recognized by the company, whose main functions require knowledge and experience of a technical nature in certain fields of science, and to provide technical support to its headquarters and perform its functions, in the areas of production, hatchery, laboratory, and research and development, etc., with or without staff in its position. In the event of a personal assignment, you will have the right to receive the plus of specialty while the situation exists.

Group 2. Administrative.

People who use the management, operational, and computer media are the people who run the company's own administrative functions.

The following levels are set within the group:

Administrative Chief 1. -This is a worker who holds a University degree and who has or does not have the responsibility for the organization and coordination of functions of one or more administrative sections of the the company, distributes the work by ordering it properly and provides its initiatives for the proper functioning of the mission it has entrusted.

Administrative Chief 2.-Is that worker who is in possession of the vocational training qualification, or equivalent knowledge recognised by the undertaking responsible for the responsibility, organisation and coordination of functions of an administrative section of the company, distributes the work by ordering it properly and provides its initiatives for the proper functioning of the mission entrusted to it.

Administrative Officer of 1. -It is that worker, who is in charge of a given service of administrative scope, within which they exercise initiative and have responsibility with or without other employees to their orders and that carry out work on the position of accounting officer, correspondence writing and other analogues. Programmers and operators in computer and office work will be included within this category.

Administrative Officer of 2. -It is that worker who develops collaborative administrative tasks and is complemented by the Officer of First in all administrative specialties without reaching the degree of knowledge of this one, but it develops all the tasks of the administration in any of its areas.

An administrative-telephone assistant. -That worker who is dedicated within the offices to administrative elementary operations and in general to the purely mechanical ones, inherent in the work of those. It will include in this professional category computer operators (data entry), telephone operators, as well as those employees who carry out elementary and auxiliary work related to computers.

Ordinance. -It is that worker whose mission is to do errands, to copy documents, to carry out the orders entrusted to them among the various departments, to collect and to deliver correspondence and other elementary works similar.

Group 3. Production (Land Farms or floating cages).

It is for this group of people that for the development of their functions they must have a professional qualification in the specific techniques of the specific work they develop in Hatchery, Nursery and fattening of aquaculture.

The following levels are set within the group:

Manager or Head of Plant. -This is a worker who holds the University degree of marine biology or the degree of Professional Training of a higher grade or its equivalents, in aquaculture or with knowledge and experience recognized by the company is a platform, zone, sector or section determined, where it plays among other tasks of custody, supervision, and care of the crops in all its facets and other activities that for that zone are entrusted by the responsible technical staff and have direct control over the professionals within the platform, area, sector or section, responding to their discipline, organizing and distributing the work. The previously known as foreman is integrated into this category.

Watercraft Pattern. -It is that worker who has the title and the certificates that enable him for this activity and with the necessary practice and skills to do so he develops the work that is his own in the sea movements between the port or berth to the production areas, the responsibility and authority being assigned to them during the development of their function. This function will be carried out during the rest of the day and will be carried out by the aquacultor.

Diver diver of 1. -It is that worker who possesses the professional meat or qualification that trains him as such and being at the orders of a superior performs works and maintenance and subaquatic production, In such a degree of perfection, it not only allows you to carry out the more general works of the same, but also those others that assume special skill and skill, finding yourself capable of correcting faults and deficiencies, watching, assisting and instructing those with the least professional qualifications of such activity, who completed his work as a diver and respecting the provisions of the Ministerial Order of 14 December 1997, which approved the safety standards for the exercise of underwater activities or, where appropriate, the rule that would replace it, in the rest of the work of aquaculture.

Diver diver of 2.-It is that worker who has the meat or professional qualification that trains him as such and being at the orders of a superior performs work and maintenance and sub-aquatic production, In this respect, the Committee on Foreign Affairs and the Committee on Foreign Affairs and the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European Parliament, the Committee of the European approve the safety standards for the exercise of underwater activities or, where appropriate, The rule that replaces it, will collaborate in the rest of the work of aquaculture.

Official Aquaculture 1. -It is that worker who holds the degree of second-degree vocational training, his or her equivalent Level 2 and higher vocational training in aquaculture, or having technical knowledge Appropriate, recognized by the company practice and applied with demonstrated ability and zeal, with such a degree of perfection that it not only allows him to carry out general works of the same, but those others that suppose special commitment and delicacy, being able to correct minor deficiencies in the machines or faenas it has entrusted.

Official Aquaculture 2. -It is that worker who has the degree of first-degree vocational training, his/her equivalent level 1 and average vocational training in aquaculture, or having appropriate technical knowledge recognized by the company practice and applies with demonstrated ability and zeal, with such a degree of perfection that it not only allows him to carry out general works of the same, but those others that suppose special commitment and finesse, finding himself able to correct minor deficiencies in the machines or faenas it has entrusted, making them aware of their superior for approval.

Specialist fish farmer. -It is that worker who has the degree of first-degree vocational training, his/her equivalent level 1 and average vocational training in aquaculture, or knowledge and experience recognised by the The company, which is at the orders of its superiors, performs specific and determined functions for which some operative practice is required, along with previous theoretical knowledge.

Sailor. -It is that worker possessing the basic training certificate that enables him, performs marinery functions, care and maintenance of cages as well as those that can be entrusted to him by his superior, helping to These are in simple jobs, and you can perform save functions.

Auxiliary-aquaculture worker. -That is the worker who performs basic functions, helping his superiors in simple jobs that can have a quick check and always under his supervision.

Group 4. Services.

Belong to this group those persons who, without the need of any professional qualifications or specialized knowledge of any kind, except those who are acquired for the mere development of their work, are dedicated to the most varied service functions of the overall activity of the business.

The following levels are set within the group:

Accountable responsible (1). -This is a worker who has the degree of second-degree vocational training, his or her equivalent level 2 and higher vocational training in aquaculture, or who having appropriate technical knowledge recognized by the company, practice and apply it with demonstrated capacity and zeal, with such a degree of perfection that it not only allows it to carry out general aquaculture works as well as those of other receipt of the product, organisation and distribution of the work of your packed colleagues, taking into account the loads and shipments of products as final stages, etc.

Ensorter-classifier. -It is that worker who has the technical knowledge of the developed products (species, qualities, etc.) and being recognized by the company, the practice and applied with capacity and demonstrated zeal and which not only allows you to carry out the general works of the same but those others that suppose special commitment and finesse, being able to classify and correct small deficiencies, having as main function the classification and packaging of the fish, using the various means enabled for such end, weight, ice machine, and useful for their realization.

Vigilant guard, doorman, sea guards. -Is that worker who has the main functions of ensuring the order of the facilities, equipment and raw materials, which lacks the title of the jury and has the training (i) the basic and ancillary functions of the business of the company (such as food or withdrawal tasks, fishing, measurement of oxygen parameters, etc.) are appropriate for the performance and collaboration of the company's activities. crops and facilities, etc.) which are entrusted to it and for which it has been timely instructed.

Pawn. -Is that worker who performs tasks for whose realization only the contribution of his attention and physical effort is required without requiring prior operative practice.

Cleaning staff. -This is the worker in charge of the general grooming services and the cleaning and care of the company's facilities.

Group 5. Maintenance.

Belong to this group those persons who, possessing a degree of Professional Training in any of their degrees, or equivalent knowledge recognized by the company with specific specialization of the development of their They are dedicated to the maintenance and conservation of facilities, production machinery, equipment and tools.

The following levels are set within the group:

Maintenance Technician. -This is a worker who, having the university degree or higher-grade vocational training, or his or her equivalent in the necessary technical-practical knowledge, and with due responsibility, has direct control over the professionals, projects the maintenance and conservation, ensuring its compliance, distributes and organizes the work monitoring the proper functioning, conservation and repair of machinery and facilities.

Machinery-driver. -It is that worker who has the professional meat that trains him for the development of the operating activity, of the driving of vehicles of the so-called industrialists, well be these machineries of the so-called public works or trucks of medium and high tonnage, performs its work with capacity and perfection, being at the same time responsible for the custody and care of the goods that it transports.

Official maintenance of 1. -It is that worker who possessing one of the trades of the so-called classics, practices in such a degree of perfection that not only allows him to carry out the more general works of the same, but those who assume special skill and skill.

Official maintenance of 2. -It is that worker who, being at the orders of his superiors, performs specific and determined functions for which certain operative practice is required together with theoretical knowledge prior.

Auxiliary maintenance. -Is that worker who develops auxiliary and low-knowledge activity, for specific and determined functions, and who require some operational practice and who in turn assists in the work of the officers maintenance, and can also develop certain low-skill jobs.

Store. -It is that worker who is in charge of the specific tasks necessary for the proper functioning of the warehouse, carrying the control of the goods, useful and tools deposited, trying at all times that the supply of the necessary materials is appropriate.

Redero. -It is the worker who has knowledge of marineria and even collaborating with such functions in his working day, for his knowledge and ability he is able to configure and build networks according to the need for which they are intended, as well as for repairing the same.

Requirements for academic qualifications. -Workers who develop a job for which they are required or who are required to be in possession of academic qualifications, will be responsible for these qualifications. Qualifications are up to date. The Company must grant permission for the time necessary and essential for the continuity in the possession of such a certificate. But in no case should it assume that the worker has not regularized the necessary qualifications and as a consequence cannot continue in the development of his work, so he will not assume the costs of his possible and necessary substitution. It is the worker who is responsible for the fees etc. for the adequacy of the qualifications required.

CHAPTER IV

Matches, Hours and Breaks

Article 14. Workday.

The ordinary duration of the working day provided for in this collective agreement for the sector will be 1,776 hours of effective annual work, to be applied from 1 January 2015. This day will generally correspond to the development of 40 ordinary working hours per week, applying both to the schedule and to the continuous one.

A work schedule will be set in each center with the time distribution. This table shall be prepared and set out within the first calendar quarter of each year.

Since the work activity of the aquaculture sector is working with live animals, this can lead to an extension of the working day at specific times, or to modify it, in accordance with the provisions of the ET article 34.2.

The number of ordinary hours of effective work may not exceed nine days.

Between the end of a day and the beginning of the next day, at least twelve hours.

In cases where circumstances determine the need to intensify work or concentrate on certain dates or periods, prior to agreement with the employees ' representatives, the day with legally established limits.

In the attention of the special functions that sometimes need to be performed with extraordinary character, for being this a primary sector that operates with live animals and subject to multiple influences that put it in danger, for those workers who perform functions for that extraordinary character (custody or surveillance functions), it is understood that their working time should be distinguished from the rest of the workers as to the performance of their working time greater permanence for the time of presence that is required for this work. Such excess of working time (Prolongation Day) shall be paid on a salary not less than that established for the ordinary hour, unless the compensation is agreed on a lump sum or with an equivalent period of paid rest.

The length of time spent in the workplace after the scheduled departure time in the business calendar for productive reasons, as well as the time required by those workers whose task is to the setting up, opening or closing of the productive section or centre of work and which will result in an extension of its usual working day, will have the consideration of extraordinary working time only in the case of the result of their performance is exceeded by the annual working day of the company. Such an extension of working time shall be compensated in the manner agreed in each undertaking and with the representatives of the employees. Article 34.3 ET.

The working days that are held on Sundays and holidays, with the exception of the work corresponding to any system of shift, will be increased the salary of that day by 75% according to the article 47 of the RD 2001/1983, of 28 July, plus the return of the enjoyment of its compensatory rest day.

Within the working day, a 15-minute pause will be established that will have the consideration of effective work, and thirty minutes the staff who perform more than eight hours in a row of effective work.

The working day will be computed always taking into account the effective working time understanding the presence of the worker in his or her post dedicated to him and provided in his case with the protective clothing and equipment. individual (PPE) of the relevant work, both at the beginning and at the end of the day. They will also have the obligation to wear personal protective clothing and equipment (PPE) throughout the working day, if required by the prevention standard, respecting at all times the legislation in force.

It is established for the months of July and August the intensive working day of seven productive hours for the staff who develop their work activity in a working day. In the units or departments organized on fixed or rotating shifts, the intensive working day is not applicable, since it already has its day distributed on an annual basis.

In the event that due to severe weather or force majeure and by a proposal from the employer or the legal representatives of the workers and the positions of agreement, the one that could not be carried out working day established for those days, in default of pact, the company will work on the basis of the established in the ET article 34.2.

The worker will make these days available to the employer, with the reduction of two hours due to their attendance at the job when the work has been carried out, and can be accumulated for the purpose of the job. an order of the company or by agreement of the parties for its compensation as set out in Article 16 of this Convention.

An effective working day (four hours) is also established for the 24 and 31 December, respectively, for which the corresponding guard shifts will be organized. In the case of organizational or productive need, it will be possible to agree, the completion of two full-day shifts in one of these days and the complete rest in the next one.

During the term of this agreement, the night shift of the bank holiday from December 24 to 25 and the night shift of the bank holiday from December 31 to January 1, will be paid at 50 euros per day worked or the share proportional to the hours worked.

Article 15. Shift jobs.

The provisions of this Article shall apply to those workers who are subject to any system of shifts established in companies, understanding as such in Article 36.3 of the Workers ' Statute. In the organisation of the shift work, the rotation of the shifts shall be taken into account and no worker shall be on the night for more than two consecutive weeks unless voluntary, or established in the procurement.

For workers on duty, and in cases of force majeure where the organisation of work so requires, the average weekly rest day provided for in the month may be accumulated for periods of up to four weeks. Article 37 (1) of the Staff Regulations, or separate it from the corresponding full day for your enjoyment on another day of the week.

In any case shifts should be appropriately reflected in the timetable referred to in Article 14, establishing the need to produce for each month or quarter a table where detailed information is given to all staff included in the shift system, specifying their work schedule for each day, and should be made and exposed at least two weeks in advance of their implementation and provided that it is not altered due to greater cause (sickness, accident, etc.).

Workers on a shift basis, with the exception of manifest impossibility, must communicate with maximum advance and diligence any incidence (absence, delays, etc.) affecting the relay regime of their job and, in the absence of such a defect, confirm this as soon as possible, even if the appropriate day has begun.

In the event that the absence of the relay is known by the company with a minimum of 48 hours in advance, the company will be obliged to replace the outgoing one at the end of its day. Companies for these purposes will adjust the modification of the schedules (quadrants) of the workers concerned. The modification that produces such a replacement will be the necessary in time and change of quadrants.

Companies, by making the quadrants, will be able to move public holidays to work throughout the calendar year, in agreement with workers ' representatives.

Companies that do not come working on a shift basis will be able to implement any of the systems described in this article, as provided for in Article 41 of the Workers ' Statute.

Article 16. Overtime.

The number of overtime may not be more than eighty per year, balance as set out in Article 35.3 of the ET.

Not to be taken into account, for the purposes of the maximum duration of the ordinary working day, nor for the computation of the maximum number of hours of excess, those established as hours of the presence of the article14, the excess of the worked for prevent or repair claims or other extraordinary and urgent damages, without prejudice to their payment as if they were overtime or offset with equivalent time off paid within four months of their realization

Extraordinary hours will be performed, according to the following criteria:

a) Regular overtime: progressive reduction.

(b) Extraordinary hours that are required by the need to prevent or repair accidents and other extraordinary and urgent damage. Their performance shall be compulsory and their compensation at the discretion of the worker, who may choose between his enjoyment for a period of rest paid at a rate of two hours for each extra hour, or his remuneration in the same proportion, is say, 100%

Extraordinary hours required by unforeseen absence, change of shifts or other structural circumstances resulting from the nature of the activity concerned, provided that the use of the different modes of temporary or partial procurement provided for by law.

The overtime to be performed will be paid to the increased worker in the percentages indicated:

1. Calculation of the time value: 14 × (S.B. + Per. + P. E.)/total hours per article 14.

S. B.: Base Salary.

Per: Stay

P. E.: Plus Specialization.

2. The surcharge for overtime will be 75%.

3. According to Royal Decree 1561/95 of 21 September 1995, overtime hours may be compensated for in the same proportion as above.

Article 17. Holidays.

The workers affected by this Convention shall be entitled to an annual period of paid leave at the rate of base salary, permanence and plus of specialization (in cases where these exist), of thirty calendar days per year. year, which shall be enjoyed in proportion to the time worked during the calendar year to which the holiday corresponds.

The enjoyment of the holidays can be divided into two periods. The management of the company, taking into account the planning of the work, and the representation of the employees, will establish by mutual agreement in the last quarter of the year the calendar of holidays of the following year for the staff of its staff, which will be published in the bulletin boards for your knowledge during the month of January.

In the event of a coincidence in the desire of the workers of the enjoyment of the holiday periods, they must be taken into account for the granting of these dates, if there is no agreement between them for variations or permutas, the one to be respected as set out in the preceding paragraph and under the criteria of the following parameters:

1. The rotation of dates among all workers in attention to enjoyment in each year.

2. Children with school age.

3. º Priority for seniority and in case of equality in age the oldest as preferred.

In any case, the worker will always know the dates on which the holiday will correspond to at least two months in advance.

One of these periods will be the ability of the management of the company to choose their dates of enjoyment, the other period will be the ability of the worker to choose the dates of the same, provided that there is the guarantee of a presence minimum in the service of 70% of the operational template of the same.

The employer may exclude as a holiday period the one that coincides with the company's increased seasonal productive activity, prior to agreement with the workers ' representatives.

Shift staff will be able to start enjoying their holidays at the end of their regular rest period.

When the holiday period fixed in the company's holiday calendar coincides in time with a temporary disability, maternity, with the period of suspension of the contract of employment provided for in Article 48.4 and 48 (a) the right to holiday on a date other than that of the temporary incapacity or to the enjoyment of the permit to which it would correspond, even if the year has ended the year, natural to the appropriate and within the legal limits established, having regard to the needs of production and prior accreditation to the representation of workers.

CHAPTER V

Economic Provisions

Article 18. Remuneration.

The remuneration set out in this Convention always refers to minimum and gross remuneration.

Article 19. Salary concepts.

These are those which, on the basis of the order of 27 December 1994 ("Official State Gazette" No 11 of 13 January 1995), are listed in the salary receipt in paragraph I of the same paragraph, according to the Order of 27 December 1994. for this convention is set as the Base Salary, and Plus Specialization.

Article 20. Salary convention.

This agreement is established as a salary table for the years 2015 and 2016.

Pay Increase:

In the year 2015: The table attached as Annex I is set as salary for this year, which has been increased by 1% compared to 2014.

For the year 2016, the 2015 tables will be increased by 1.5%. Taking into account the fact that if the actual CPI for the years 2015 and 2016 is exceeded by the end of 2016, a wage revision of the resulting difference will be applied to 2.5%, the resulting amount of which will be paid retroactively from 1 January. 2016 and will be reflected in the salary table that will serve as the basis for the following year.

For the year 2017, the salary increase for that year will be the one established by the signatories of the Third Agreement for Employment and Collective Bargaining in accordance with its Chapter III (Criterion on Wage Matters, Point 2, paragraph 4. °).

"In the event of no increase in the said increase in the period provided for, the parties to this Collective Agreement shall meet for their determination in accordance with the criteria laid down therein."

Salary Convention is the amount set out in Annex I to this Convention, consisting of the Base and Plus Salary Specialization and is fixed according to the group and the classification of personnel expressed in the table and in Article 13 of the present convention.

Article 21. Plus specialization.

For those professional categories in which the need to possess a certified and recognized qualification, or for the specialization in the performance of the work, and in turn is established in the definition of the categories, they will receive this Plus of Specialization, the amount of which is set in the salary tables annexed to this agreement.

Article 22. Plus production variable.

The workers for the normal development of their work and within the normal production required in their position, will receive monthly for this concept the minimum figure of 3.75 € per effective day worked. The company can establish an increase in this concept, with the application of the production incentive scales agreed with the legal representation of the workers.

This plus will no longer be perceived when the worker does not go to work, whatever the cause of this absence. Except for cases of compulsory medical recognition and union employment.

The company will, on a voluntary basis, be able to implement an additional, individual or collective variable remuneration system, depending on the achievement of objectives. This system, as well as any modification of the system, must be submitted to information or consultation that will enable agreement with the workers ' representatives.

The objective is to achieve the participation of the workers in the results of the company obtained by the achievement of objectives established in different orders (economic results, production, market, quality of safety, including the rate of accidents at work, etc.).

These objectives must be measurable, quantifiable and achievable, in addition to the method for regular monitoring by workers ' representatives.

The amount for these variable remuneration, to be established in accordance with annual agreements according to defined objectives and shall not form part of the wage bill and shall be non-consolidated.

Article 23. Plus urban and distance transport.

It is the amount that the worker will receive in order to meet the costs of the urban transport and the distance to travel from his home to the job.

The amount is fixed at 3.75 € per day effective work and for all professional groups. In those undertakings which have for this agreed term other forms of remuneration, they shall continue their conditions for the establishment of the staff for the signing of this Convention.

For workers and for days who develop their working hours, they will receive for this concept the double of the amount established for each day on the basis of the corresponding year.

This figure and concept, given the compensatory nature of the transportation and distance expenses it has, will not compute or be taken into account for the payment of the holidays, extraordinary payments, as well as for the calculation of the value of overtime, and will be included in the receipt of wages.

Article 24. Plus availability.

Workers who after their working time agree to be at a permanent disposal and at a maximum working distance of not more than 50 Km. and to carry a mobile phone for their location and assistance will receive the The amount of EUR 70 per month for such availability, if it is necessary to have to move and to carry out work, this time spent will be compensated for by the worker as overtime. Being able to rotate the workers affected to that availability in reason of agreements with the company, and the perception will be only for the one of their agreed designation in availability.

Article 25. Stay.

In order to recognize the concept called economic promotion as a right to persist in those workers who perceived it under the name "Ad personam" and coming from the so-called antiquity up to the date of 31 December 2006, the amount of such duty shall be extended under the name 'Stay' for workers having such a historic right.

In the lower-ranking agreements that have established the figure of the economic promotion, and are integrated into this convention, these amounts will have the character of "ad personam" in the same way that it was carried out by this concept in the 1.er Framework Convention on National Aquaculture, and will be reflected in payroll as Permanent.

Article 26. Extraordinary rewards.

The extraordinary summer and Christmas bonuses will consist of a monthly payment, and will be paid on the wage agreement increased with the Permanent. It shall be payable semi-annually and in proportion to the time worked.

It will be paid in the first 15 days of July and December.

Article 27. Diets and locomotion.

If, for the needs of the service, any worker in the locality in which he/she habitually has his/her destination is to be displaced, the company will pay him/her for the costs of locomotion and diets:

1. Daily allowances 35 € in State Territory, and 70 € out of this.

2. Average diet, if the worker can return to stay at home, will only be paid half a diet, that is, 18 € per day in the State Territory, and 35 € out of this.

3. When travelling by own vehicle, it will be paid at a rate of EUR 0,22 /Km., it being understood that in that price and in its percentage is the payment of the insurance policy of the vehicle with coverage of any risk, since otherwise it is the worker, who would assume the differential risk of the vehicle, so the faults that the vehicle could suffer are in its% included in that price.

If it is more than one worker who moves in that vehicle, for services to the company it would pay a plus of 0.05 € per Km., for the route that was necessary.

Article 28. Nocturnal.

The hours worked during the period between 22 and 06 hours, will have a specific and increased remuneration of 25% on the base salary plus permanence and plus specialization, in which for such circumstance was developed.

It is excluded from such a concept of Nocturnity, the hours that according to the contract, the natural working day of the worker will be developed in that time (22 to 06 hours), or when the night time occurs as a consequence of the work in turn or in the rotation of the same, in which period and per working day these workers will receive a plus of 4 € per day.

CHAPTER VI

Safety and health care

Article 29. Health and occupational safety.

The Labor Risk Prevention Act 31/1995, and the Prevention Services Regulation 39/1997, and the amendments to Law 54/2003 of December 12, as well as all those that are applicable, will be complied with. published and required to be applied to the present matter.

In workplaces with more than 6 workers, workers ' representatives shall designate the prevention delegates who correspond to them from among their members according to Article 35 of the Prevention Law. In the case of occupational hazards, the safety and health committee will be set up in the companies of more than 50 workers. The functions and powers of the committee shall be those set out in the law itself and developed in its rules of procedure.

The employer will ensure the safety and health of its employees in all aspects related to the work. And so it will have the right to be able to organize the own tasks that lead to the pursuit of safety and health at work by doing:

1. Assessing the risks.

2. Adopting the necessary measures for health and safety coverage at work.

3. It shall adopt information measures for workers and their representatives as well as for prevention services and competent authorities.

4. It will organise the necessary training of the members of the committees as well as the prevention delegates.

Each worker shall ensure his safety and health as well as the other persons affected by his or her acts or omissions in accordance with the training and instructions he receives from the company and for this purpose:

1. It will correctly use machines, tools, facilities, hazardous substances.

2. You will use the individual protection equipment correctly.

3. It will not override or manipulate security devices.

4. It shall immediately and reliably communicate any anomaly or employment situation involving serious or imminent risk to its health.

5. It will keep the personal media and protections available for use when necessary.

The premises will meet the appropriate sanitary and environmental conditions with means to keep them clean and in hygienic condition, being the obligation of the workers to respect the norms that to this effect the company address.

Article 30. Medical acknowledgements.

The workers affected by this collective agreement and in accordance with the criteria emanating from the regulations on occupational health, will have the right and the duty within the cases provided for in Article 22 of the Law of Prevention of Occupational Risks, an adequate general medical review of your job, at least once a year. The different medical tests performed on the workers will be carried out if possible within the working day.

The companies that have among their workforce that do dive activity, will require their employers to have medical services specialists in hyperbaric medicine, and availability of resources. for the attention of hyperbaric accidents.

Article 31. Services and hygiene.

Every working centre will have sufficient supply of drinking water. As well as rooms of changing rooms and toilets, showers and services. In accordance with the provisions of the Workplace Regulations.

Article 32. Garments and work equipment.

Companies will give maintenance and production staff two complete sets of shaped work garments, depending on the job positions, of mono, shirt, cap or hat, suitable footwear and apron in incubation room, as well as a waterproof or shelter garment for workers who remain in temperature as advised by both cold and rain. The delivery of garments will be made in October.

Workers will respond to the misuse of the garments, tools and tools to be delivered to them.

The cleaning and cleaning of these garments will be carried out by the workers who will be forced to dress them during the working hours. Workers who cease to belong to the workforce will be required to return all the clothes they were given and EPIS.

Article 33. Decreased capacity.

All workers who, by accident at work or occupational disease, with a reduction in their physical or intellectual faculties suffer a diminished capacity, will have a preference to occupy the most suitable positions, in relationship to the conditions that exist in the Company. In such cases, the salary to be paid to the worker in his new category shall be that assigned to that professional category.

Article 34. Staff hygiene.

Staff who have direct contact or intervene in the manufacture and handling of food products will strictly observe all sanitary and sanitary measures.

The Company will provide workers who need it all the means necessary for them to obtain the certificate or food product handler meat.

Similarly, the company will determine the rules to be observed by all persons who, without direct contact, access the premises where the handling functions are performed.

CHAPTER VII

Social and complementary aids

Article 35. Life and disability insurance.

The companies affected by this agreement assume the commitment to formalize within sixty days of their approval the subscription of the collective life insurance policy for their workers for the period of These are the following contingencies:

and by any means of hiring:

contingencies

amounts

-

euros

Death by disease

40,000

Death by accident

40,000

Invalidity by Disease

40,000

Invalidity by Accident

40,000

Total Invalidity by Disease

20,000

Invalidity by Accident

20,000

The amounts described above, by their own definition, are not cumulative in the event of a disaster.

As it is a life insurance, the insurance company has the right to request a health questionnaire, so the company will be obliged only and exclusively to ensure the contingencies mentioned above whenever the If requested, the health questionnaire and the insurance company accept the risk to be insured.

In case the insurer asks for a health questionnaire and, following it, rejects the coverage of any worker, the company must ask two insurers for the possibility of coverage. If, after such applications, the worker remains unable to ensure that the undertaking is not liable, the undertaking shall be exempted from any liability in respect of the contingencies laid down in this Article and in respect of the worker concerned.

Once the worker is insured, in the event that the insurer refuses to pay a contingency as a consequence of having hidden information in the health questionnaire that would have been completed, the company shall be exempted from any liability in respect of the payment of such contingency.

The company shall also not be liable for the payment of the contingencies referred to above when the causes that caused them were of a nature prior to the entry into force of this Article.

When requested by the worker, the company will provide you with a copy of the insurance policy for which the aforementioned contingencies are covered.

The beneficiaries of these quantities will be:

In case of invalidity, the worker himself.

In the case of death, except express designation made by the insured, the spouse not judicially separated and, in his absence, the first-degree relatives, descendants and ascendants, in this order.

Article 36. Voluntary improvement due to temporary incapacity.

Companies will pay their workers:

1. In the event of an accident at work, an additional voluntary improvement from the one who receives Social Security up to one hundred per cent of his/her salary convention plus stay from the day of the medical discharge to the date of discharge or pass to the invalidity status in any of its degrees.

2. In the case of a common illness of the worker with hospitalization, the companies will pay up to one hundred per cent of the salary agreement plus stay from the first day of their medical discharge, to the date of their discharge or to the situation of invalidity in any of its degrees. However, the improvements to be made in this respect shall be maintained.

3. The company may verify the condition of sickness or accident of the worker who is alleged by the worker to justify his or her lack of assistance to the work, by means of recognition by medical staff. The refusal of the worker to such recognition may determine the suspension of the economic rights which may be imposed by the employer for such a situation, including voluntary improvement because of temporary incapacity.

Article 37. Paid leave.

1. Marriage or constitution of a couple in fact accredited, deriving the same relations of affinity: fifteen calendar days, applied according to the law.

2. Birth of a child or legal adoption or a simple acceptance of more than two years: three days and two more (both natural) if it occurs outside his habitual residence and provided that there is a distance of more than 100 Km. of his residence.

3. Accident or serious illness, as a causative event, with hospitalization or surgical intervention without hospitalization requiring home rest, death of spouse and first-degree relatives of consanguinity or affinity: three days and two more (both natural) if it occurs at a distance greater than 100 Km from your residence. And for the same facts and circumstances for those of 2. degree of consanguinity or affinity: two calendar days and if it occurs at a distance greater than 100 Km from his residence two more natural days. The licence may be granted in an interrupted form upon advance notice at least within 24 hours and for the period of the event causing the medical or medical justification of the Public Health Service

In cases that are to be moved out of Spain, and if you are entitled to a holiday to enjoy, you will be able to apply for up to ten days of accumulated vacation to the permit you have in law.

4. Medical consultation: the time required, provided that it is duly justified. Two hours for consultation of the same town in the working centre, three hours in another locality and four hours for assistance to two or more continuing medical consultations. As a general rule to all medical consultations mentioned above, the times indicated are referred to the Public Health Services.

5. Examinations: the time required if the conditions required in the recast text of the Workers ' Statute Act were given.

6. Transfer of domicile: two calendar days provided that it is duly justified, for all workers covered by this Convention.

7. Inexcusable compliances of public duties: the time required, duly accredited according to existing provisions.

8. Own affairs: Understanding that on occasion there may be a need for the worker to fulfill his own duties, inexcusable and undeferred in working days, two days are established for the fulfillment of these duties with the single application (two days and five days for the staff in turn) and not at the beginning or at the end of a permit, rest, holiday, holiday or justified absence, as a cumulative right of rest cannot be considered and as long as it does not match those granted to other colleagues in the department or section of work, thus avoiding breaking the productive organization chart.

Within this availability, the use of the two days of your own affairs may be substituted for the purpose of being able to use them for assistance to medical consultations with children under the age of 14 and dependent family members, by 4 means days. prior communication to the company. If after the above use and for the same reasons the worker needs two more means days, these will be granted provided that they are communicated in advance and documented. As a general rule, medical consultation is referred to public doctors (health care of the Public Health Services) or private, and it must be justified in the latter case that the assistance to them cannot be carried out outside the of working hours. For these purposes, the pre-notices set out in the first subparagraph of this paragraph shall apply.

In the event that both spouses work, belonging to the same company, the accompaniment would be divided, not being the right of both.

Rules to be followed in case of absence of the job center.

1. General rules:

(a) Any absence must be communicated in advance, unless justified impossibility or cause of force majeure.

b) Your request must be in writing.

(c) The reason for the absence of documentation should be justified, except for those absences which do not require justification under the Effective Legislation.

2. Medical visits:

In the case of exits to the doctor, the company will pay the necessary time as soon as the visit coincides with the work schedule as provided for in Article 37 of the IV Collective Agreement for Aquaculture. For the purposes of this payment, it shall be perceptive that the supporting document is signed and dated by the doctor, with an indication of the time when the limits provided for in Article 37 are exceeded or in the absence of the proof dated and sealed by the admission service of the medical centre, hospital or health of the Public Health Services. In the case of other supporting documents, only those printed by the Social Security admission service shall be admitted. It will be rejected as justification for the citation of consultation or similar.

Article 38. Unpaid leave.

Regardless of the previous article, permission may be granted without pay in duly justified cases by the person concerned, by written notification with a minimum of five working days in advance to his immediate boss or company address.

Article 39. Workers with union charges.

Workers who have union positions within the duration of this agreement shall be entitled to the necessary facilities for the performance of the union, as well as to the receipt of salaries, in all cases of absences. justified on this basis, and of all the remuneration established. To this end, they will be given a credit of paid monthly hours, those established by law (article 68 of the ET.), for each of the Delegates or Members of the Business Committee of each working center.

The hours of the various members of the business committee and, where appropriate, staff delegates may be accumulated in one or more of their components, without exceeding the maximum total. Such cumulation shall not exceed the limits laid down normatively.

Article 40. Union quota.

It will be within the provisions of the Organic Law on Freedom of Association. The employer shall make a discount to the trade union dues on wages and on the corresponding transfer at the request of the union of the affiliated worker and on the basis of his/her conformity.

Article 41. Information to workers ' representatives.

Companies will provide their workers ' representatives with high and low social security information. Likewise, the appropriate documentation that guarantees the payment of the Social Security contributions to the staff duly sealed by the competent entity will be displayed to you.

Thus, the company will also provide employees ' representatives with notice boards for the fixing of information documents issued by them. Irrespective of the above, the representatives of the employees shall be given all the information necessary to carry out the tasks assigned to them in the Staff Regulations in particular in Article 64 and the other rules and agreements applicable to industrial relations.

Without prejudice to the rights and powers granted by law, the business committee and staff delegates and union delegates shall be informed by the undertaking of the following:

a) Quarterly on the general evolution of the economic sector to which the company belongs, on the evolution of the business and the situation of the production and sales of the entity, on its production program and the evolution of employment in the company.

b) Annually know the result count and the memory.

c) Prior to its execution by the company, on the restructurings of templates, definitive or temporary partial or temporary closures and the reductions or changes of day.

d) Depending on the subject matter:

1. Implementation or reduction of the system of work organisation and any of its possible consequences, time studies, establishment of premium systems or incentives and valuation of jobs.

2. On the merger, absorption or modification of the legal status of the company, where this implies any impact affecting the volume of employment.

3. On penalties imposed for very serious misconduct and in particular on dismissal cases.

4. With regard to statistics on the index of absenteeism and its causes, accidents at work and occupational diseases and their consequences, the rates of accidents, the movement of income and unemployment and promotions.

In the matters governed by paragraphs (c), (d), (1) and (2), the Committees of Enterprise, Staff Delegates and Trade Union Delegates in addition to the recognized powers shall issue prior reports.

Article 42. Meetings in the job center.

According to the legal provisions in force in this regard, workers will be able to meet in the workplace outside their working hours by giving due notice 24 hours to the administration of the management of the company and designating the person who will be responsible for the good order of the meeting.

Additionally, workers are recognized, the right to hold an assembly a year within their working day, lasting no more than thirty minutes.

Article 43. Joint committee.

A Joint Commission is constituted for the interpretation, arbitration, conciliation and validity of the Convention in its application and development, as set out in Article 83 and 85 of the ET. The Joint Committee must also be aware of any Convention of a regional or regional nature which, pursuant to Article 84 of the Staff Regulations, may be signed, and therefore the signatories of the Convention shall be required to knowledge of this Commission.

It shall consist of 8 vowels, 4 of them social representatives and 4 of the employing party, representing the parties to this convention, appointing a secretary among the components to be appointed in each meeting.

The two parties expressly agree that any doubts or differences which may arise as regards the interpretation or application of this Convention which is of a collective conflict shall be submitted in advance to the Commission's report. before making any litigation or administrative complaint.

The Joint Committee will meet for at least six months from the date of validity of the Convention, and as many times in an extraordinary meeting as necessary, the meetings will always have the character of extraordinary, when the subjects to be dealt with are holiday calendars or collective conflicts and their agreements will require the favourable vote of the majority of each of the two representations of the joint committee to be valid.

Both the Vocals, as advisors will be called by registered letter or by means of telematic means at first and second convocation, in advance minimum of fifteen days of the celebration of the ordinary meeting, by the Secretary of State outside the previous meeting. If the members do not attend the first call, the meeting will be held on the second call, with the participation of both parties (employer and social) at the minimum. The agreements shall be annexed to the original Convention.

For the extraordinary and urgent meetings, the minimum time for the convening of the meetings will be five calendar days. The request for the call shall be made by the party deemed to be concerned, and through the request for a call to the secretary who was at the previous meeting of the commission.

The convocation will be performed feacently and expressing the subject matter.

Case of not reaching an agreement on the issue or issues discussed will be subject to what is set forth in the Second Additional Clause of this convention

CHAPTER VIII

Disciplinary regime

Article 44. Fouls and penalties.

Workers may be punished by the company, by virtue of job defaults, according to the graduation of faults and penalties that are established.

The disciplinary misconduct of workers committed on occasion or as a result of their work may be mild, severe or very serious.

Typing the faults:

a) The following are minor faults:

a.1 Incorrectness with the public and with colleagues or subordinates.

a.2 The delay, negligence, or neglect with the fulfillment of your tasks.

a.3 Non-communication with due notice of lack of work, for justified reasons, unless it is proved impossible to do so.

a.4 Lack of work attendance without justified cause of 1 day.

a.5 The repeated lack of punctuality, without justified cause, from three to five days in periods of 30 days continued.

a.6 The neglect of the conservation of the company's premises, materials, tools, tools, garments and documents.

a.7 In general the defaults of duties due to negligence or excusable carelessness.

a.8 Use of music players (collectives or individual), mobile phones or any type of electronic device that is not proper or related to the job or that has not been expressly authorised and by written by the Address.

a.9 All that are not serious or very serious.

b) The following are serious faults:

b.1 The lack of discipline in the work or due respect, by qualifications or disqualifications to the superior or subordinate.

b.2 Failure to comply with the orders and instructions of the superiors and the specific obligations of the job or the negligence resulting from or may result in serious damage to the service or security of persons or goods.

b.3 Disconsideration with the public in the exercise of work.

b.4 Failure or abandonment of the rules and measures by the Law on the Prevention of Occupational Risks established, where they may result in a risk to the health and physical integrity of the worker, workers or third parties.

b.5 Lack of work assistance without justified cause for 2 days in continuous 30-day periods.

B.6 Repeated errors of punctuality without justified cause for more than five and less than 10 days per month.

b.7 Abandonment of work without justified cause.

b.8 The simulation or cover-up of other workers ' faults in relation to their duties of punctuality, attendance and permanence at work.

b.9 The improper use or dissemination of data or matters of which knowledge is known for the purpose of the work in the enterprise.

b.10 The recidivism in the commission of minor faults, even if they are of different nature, within the same trimester, when they have mediated penalties for the same.

c) The following are very serious faults:

c.1 Fraud, disloyalty, and abuse of trust by action or omission in the management of the proceedings, as well as any constitutive conduct of a criminal offence.

c.2 Manifest individual or collective insubordination.

c.3 The voluntary distortion of company data and information.

c.4 Lack of non-justified work attendance for more than three days per month.

C.5 Repeated non-justified punctuality for ten days or more per month for more than twenty days per quarter.

c.6 The recidivism in serious faults, even if they are of different nature, within a period of six months when they have mediated penalties for them.

c.7 The simulation of illness or accident.

c.8 Continuous and voluntary decrease in the normal working performance agreed.

c.9 The negligence that may cause serious damage to the conservation of the premises, production materials or documents of the company.

c.10 Sexual harassment. -Sexual harassment means the situation in which any verbal, non-verbal or non-verbal behavior, of a sexual nature, occurs with the purpose or effect of attacking the dignity of a person. person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

C.11 Moral Harassment. -It is understood by moral harassment; the psychosocial risk factor that is manifested by abusive behavior (gesture, word, behavior, attitude, etc.) that atents, by its repetition or systematization, against the dignity or mental or physical integrity of a person, endangering their employment or degrading the work environment.

c.12 Accuse to work under the influence of alcoholic beverages or narcotic substances, as well as consume them in the Company. The presence of the staff representative or representative of the workers shall be required if possible.

In cases c.10 and c.11, in the case of being exercised from positions of hierarchical superiority and those others exercising on persons with temporary contracts, they will also be considered to be very serious, as abuse of authority.

The penalties that may be imposed according to the rating of the faults shall be as follows:

Sanctions:

a) For minor faults:

a.1 Amonstation in writing.

a.2 Suspension of employment and salary of up to two days.

b) For severe faults:

b.1 Suspension of employment and salary from seven days to one month.

c) For very serious faults:

c.1 Suspension of employment and salary of one month and one day to three months.

c.2 Despid.

The penalties imposed for serious and very serious misconduct must be notified in writing, in which the facts that motivate them and the date on which they were produced must be included.

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

Every worker may give written account, by himself or through his representatives, of acts involving disrespect to his or her privacy or to the consideration due to his or her human dignity or work.

Article 45. Correction of absenteeism.

Unjustified absenteeism creates a loss of productivity and has a negative impact on labour costs, thereby impairing the competitiveness of businesses and creating a social environment which is inconvenient for the relations between the company and the worker and between the employees themselves. The reduction of unjustified absenteeism must be a priority and shared between trade union and business representation, given that it affects the working climate, productivity and health of workers, so that absenteeism must be avoided. which directly affects and upsets the establishment of shifts, increases the volume and pace of work, the hours of stay or extra days, therefore and with the intentionality of seeking solutions in this respect, the companies they must be set up by a Commission. In companies where there are prevention delegates, or the safety and health committee, they shall form the joint Commission.

a) Through which the causes of absenteeism are identified, analyzing the situation as well as the evolution in the field of enterprise, functional area, profiles and causes.

b) Set criteria on the basis of identification for the reduction of unjustified absenteeism as well as establishing a monitoring mechanism and in its case for corrective measures.

(c) For the lack of intermittent, even justified, work aids, the requirements set out in Article 52 (d) of the ET shall apply.

Additional clause first. Procedure for the implementation of the collective agreement.

substantial modification and/or non-application of the working and economic conditions agreed in this collective agreement may be made in the matters and causes identified for that purpose in Article 82.3 in the ET, and during the the term of validity of such an agreement.

The company that is in need of choosing to apply for the implementation of the collective agreement must communicate it to the unitary, union and collective representation of the workers in compliance with the Article 41.4 of the ET, such will, which, after a minimum consultation period of 15 days, shall adopt the appropriate resolution. It is necessary to have an agreement between the company and the intervener social representation. The agreement established must also be notified to the Joint Committee of the Convention and the Labour Authority, accompanied by the document of the agreement with the measures taken and the duration of the agreement.

In the event of disagreement, the discrepancies will be submitted to the Joint Committee of the Convention, which will mediate and seek solutions to the conflict raised, and the commission will have a maximum period of time to decide on this matter, from the date the discrepancy was raised to them.

If the Joint Commission does not reach agreement either, after the period of consultation and terminated this no agreement, it will be settled in the second clause of this convention.

The legal representatives of the workers, or in their case the Joint Commission, are obliged to treat and maintain in the largest reserve the information received and the data to which they have had access as a result of the established in the preceding paragraphs, observing in respect of all this professional secrecy.

Additional clause second. Express submission, to the V Agreement on the Autonomous Settlement of Conflicts.

The parties adhere to the V Agreement on the Autonomous Conflict of Conflict (ASAC) and submit to the mediation and arbitration bodies and procedures that it establishes.

In the collective conflicts of interpretation and application of this Convention, as well as in the application procedures referred to in the Additional Clause First, if no agreement is reached within the Commission A mediation process will be initiated, and if dissent will persist, the conflict will be resolved by arbitration, all within the scope of the Interconfederal Mediation and Arbitration Service (SIMA) or, by agreement between the parties, as far as the arbitration is concerned, before the National Consultative Commission of Conventions Collectives, thus assuming the parties in general and prior to this clause of submission to the arbitration procedure in the solution of collective conflicts.

notwithstanding the foregoing, in collective disputes concerning the interpretation and application of this Convention, no agreement has been reached between the parties in the Joint Committee or in the mediation process, the Arbitration proceedings may be replaced by those other than the parties agree to their right.

Similarly, the maximum period for the negotiation of the agreement is exhausted, the parties adhere to the previously expressed procedures of the (SIMA) to effectively solve the discrepancies existing after the maximum period of negotiation without reaching an agreement.

Additional clause third. Training.

Continuing training is an extremely useful tool for the development of professional skills, which favours the adaptability of workers and enterprises, as well as contributing to the maintenance and improvement of the employment, responding jointly to the needs of both parties. As a result, it is a shared objective both by companies and workers, as it has been the subject of special attention by the Business and Trade Union Organizations in the framework of Social Dialogue and Negotiation. Collective.

On the basis of the above, and in the light of the needs of the Marine Aquaculture sector, it is the will of the signatories of this Collective Agreement to promote a specific vocational training for this sector.

The development of such a commitment shall be carried out by the Joint Committee set out in Article 43 or by a working group designated for that purpose by the Joint Committee, with its task of analysing training needs. of the sector, as well as the creation of structures and plans for their coverage.

Additional clause fourth. Labor Health Commission.

Implementation and development of the Health Commission.

A Labour Health Commission of the Convention shall be formed by the same number of members and in the same proportion as the Joint Commission and shall meet on the same dates and conditions as it is.

The Labour Health Commission of the Convention will have the task of integrating the prevention of occupational risks into the technical processes and the organization of work at all levels, in accordance with the principle of Integrated, as well as the adoption of preventive action and its promotion in the field of Marine Aquaculture and the implementation of a culture of safety and occupational health through training, information and participation.

Additional clause fifth. Retirement.

The social representation and representation of the employer will continue in mutual collaboration with the necessary management before the relevant bodies, in order to reach the retirement age of the workers of this sector, be assimilated to the Special Regime of the Sea.

ANNEX ONE

With the intentionality of seeking to safeguard the business viability, as well as the workers ' jobs, in a situation of serious economic crisis that has a very hard impact on the sector of the aquaculture, the parts negotiations have agreed to make an effort that is reflected in the following tables, and in general context of the present agreement.

SALARY TABLE 2015 NATIONAL MARINE AQUACULTURE CONVENTION

Categories

administrative officer

.

GROUP 3:

:

Salary

-

euros

Plus Espec.

-

euros

Total month

-

euros

Total year

-

euros

GROUP 1:

Technical Staff:

1.277.31

1.277.31

1,716.20

24.026, 74

department head

1.265.02

417.98

1.683.00

23.562.00

Section Chief

1.155.62

390.94

1.546.56

21.651, 78

Technician A

1.010.66

127.86

1.138.52

15,939.32

936.79

50.00

986.79

13,815.02

2:

Administrative:

Chief administrative officer 1.

1.155.62

390.94

1.546.56

21.651.78

of administrative 2. º

1.072.01

1.072.01

15.008, 16

1.010.66

1.010.66

14.149.24

936.79

936.79

936.79

13.1115.02

Help-Telefonist

846.62

846.62

11.852.69

846.62

846.62

11.852, 69

Production (Land Farms or Floating Cages):

Enloaded or Site Manager (Aquaculture-Pisucector)

1.155.62

390.94

1.546.56

21.651, 78

aquacultor boat pattern

1.013.66

127.86

1.141.53

15,981,37

.

Table_table_der" >1.010, 66

127.86

1.138.52

15,939.32

936.79

95.90

1,032.68

14,457.58

Aquaculture 1.

1.010.66

1.010.66

14.149.24

Acuictor 2.

936.79

936.79

13.1115.02

Acuictor specialist

888.84

888.84

12.443.74

Marinero

846.62

846.62

11.852.69

Auxiliary

846.62

11.852.69

GROUP 4:

:

classifier packer

1.010.66

1.010.66

14.149.24

classifier wrapper

846.62

11.852.69

, vigilant, doorman, sea watchman

846.62

846.62

11.852.69

Peon

846.62

11.852.69

staff

846.62

846.62

11.852.69

GROUP 5:

Maintenance Technician

1.155.62

390.94

1.546.56

21.651, 78

driver-driver

986.79

127.86

1.1114.66

15.605.19

1. Maintenance

1,010.66

1,010.66

14.149.24

2. Maintenance

936.79

936.79

13.1115.02

Auxiliary

846.62

11.852.69

Store

846.62

846.62

11.852.69

Redero

846.62

846.62

11.852, 69

(*) Credit for the plus specialty will be paid only with staff in charge.

Pluses

Plus of urban and distance transport

imputation period

2015

2016

2017

Plus production variable

Help journal

3.75

3.75

3.75

Help journal

4

4

4

availability

Agreed Monthly

70

80

80

Plus of Nocturnity

Night shift

4

4.5

5

SALARY TABLE 2016 NATIONAL MARINE AQUACULTURE

Categories

Salary

-

euros

Plus Espec.

-

euros

Total month

-

euros

Total year

-

euros

GROUP 1:

Technical Staff:

1.296.47

445.47

1.741.94

24.387, 14

department head

1.283.99

424.25

1.708.24

23.915.43

Chief

1.172.95

396.80

1.569.75

21.976.56

Technician A

1,025,82

129.78

1.155, 60

16.178.40

Technical B (*)

950.84

50.75

1,001.59

13,953, 17

GROUP 2:

Administrative Staff:

1.172.95

396.80

1.569.75

21.976.56

1.088.09

1.088.09

1.088.09

1.088.09

Centro_table_body " > 15.233, 28

Administrative 1st Officer

1,025,82

1,025.82

14.361.48

Administrative 2nd Officer

950.84

950.84

13.311.75

Help-Telefonist

859.32

859.32

12.030, 48

Ordinance

859.32

859.32

12.030.48

3:

 

Production (Land Farms or floating cages):

Enloaded or Site Manager (Aquaculture-Pisucector)

1.172, 95

396.80

1.569.75

21.976.56

Aquacultor boat pattern

1,028.87

129.78

1.158.65

16.221.09

.

1,025.82

129.78

1.155, 60

16.178.40

.

950.84

97.34

1.048.17

14.674.45

Aquaculture 1.

1.025.82

1,025.82

14.361.48

Acuictor 2.

950.84

13.311.75

902.17

902.17

 

902.17

12.630.40

Marinero

859.32

859.32

12.030.48

Auxiliary Aquaculture

859.32

859.32

12.030.48

4:

:

classifier packer

1,025,82

 

1,025.82

14.361.48

classifier wrapper

859.32

859.32

12.030.48

Guarda, vigilante, doorman, sea watchman

859.32

859.32

12.030.48

Peon

859.32

859.32

12.030.48

staff

859.32

859.32

12.030.48

5:

:

Maintenance Technician

1.172, 95

394.85

1.567, 80

21,949.19

driver-driver

1,001.60

129.14

1.130.74

15.830.32

1st Maintenance

1,025,82

 

1,025.82

14.361.48

2nd Maintenance

950.84

13.311.75

859.32

859.32

859.32

12.030.48

859.32

859.32

12.030.48

Redero

859.32

859.32

12.030.48

(*) Credit for the plus specialty will be paid only with staff in charge.

Pluses

imputation period

2015

-

euro

2016

-

euro

2017

-

Plus production variable

Help journal

3.75

3.75

Urban and Distance Transport Plus

Attendance Journal

3.75

4.00

4.00

availability

Agreed Monthly

70.00

80.00

80.00

Plus of Nocturnity

Night shift

4.00

4.50