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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9303

IV seen the text of the collective agreement for national marine aquaculture (code No. 99016365012007 agreement), which was signed, dated June 22, 2015, on the one hand by the Business Association of Marine Aquaculture Producers (APROMAR) representing companies in the sector, and another by UGT-SMC (Federal Marine-Port) and the state Federations of Citizen Services (Sector del Mar) and Agrifood CCOO, representing the labor collective affected and in accordance with Article 90, paragraphs 2 and 3 of the Law of the Workers' Statute, revised text approved by Royal Legislative Decree 1/1995 of 24 March and Royal Decree 713/2010 of 28 May on the registration and deposit of agreements and collective bargaining agreements,

This solves DG Employment:

First.
Sort
registration of that collective agreement in the register of collective agreements and working arrangements with operation through electronic means of this Management Centre, with notice to the Bargaining Committee.

Second.

Having its publication in the Official Gazette.

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

COLLECTIVE AGREEMENT FOR NATIONAL MARINE AQUACULTURE
TITLE
I
General provisions

CHAPTER
I

Article 1. signatory parties.

Signed this Collective Agreement State for marine aquaculture, representing the business side, the Business Association of Marine Aquaculture Producers of Spain (APROMAR) and union representation of workers, the UGT the Marine-Port State Federation of Services for mobility and consumption by CC.OO Sea Sector of the State Federation of citizen Services and the State Federation Agrifood, counting both parties (the trade union and business representatives) with the legitimization and sufficient for the negotiation and signing of the same representation as established by Title III, Article 87 of the Statute of Workers.

Article 2. Coordination and legal nature.

Under this Collective Agreement in accordance with Article 83.2 of the Statute of Workers, the structure of collective bargaining in the sector of National Marine Aquaculture, is divided into the following substantive levels of the Collective Agreement:

A) Collective Agreement National Marine Aquaculture: The content regulates general working conditions to apply throughout the sector level and the effect that in the Collective Agreement establishes itself.

B) Collective Collective agreements or autonomous, provincial or company agreements: Contents under negotiation in these bargaining units will be on the development and adaptation of materials of the present Collective Agreement, when so established by express reference. Also, are substances of negotiation through collective enterprise agreements, matters not provided for in this collective agreement.

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

This collective agreement takes precedence applicative in every one of its contents, compared to other bargaining units of lower level. Therefore given the nature of exclusive norm and in view of its unique nature, the subjects in the collective agreement are established, they may not be traded in units of lower trading either sectoral or enterprise, all without prejudice Article 84 of the Statute of Workers.

It was also subject to the provisions of Article 90, paragraphs 2 and 3 of Royal Legislative Decree 1/1995 of 24 March, approving the revised text of the Statute Law Workers approved, and Royal Decree 713/2010, of 28 May, on the Registration and Deposit of Collective Labor Agreements.
CHAPTER II


Scope and extensions of the agreement

Article 3. Territorial scope.

This Collective Agreement is national and therefore be applicable both in the territory and in the maritime area of ​​the Spanish State.

Article 4. Functional scope.


This agreement requires all companies located in the Spanish territory, regardless of the domicile of the same, and whose activity falls is applicable and the National Marine Aquaculture Act; Law 23/1984, of 25 June ( "Official Gazette" number 153 of 27 June 1984); Law 22/1988 of 28 July; RD 876/2014 of 10 October; Decree 2559/61, of 30 November, in which the activity of the primary sector is eligible, and subject therefore to enrollment in Social Security, either in the Special Regime of the Sea in Group 1 as currently available , or that regime or group that the rules governing the operating framework for the determinasen activity.

The parties with the aim of avoiding any dispersion that may hinder subsequent collective agreements of state and sectoral level, undertake not to negotiate or, where appropriate, for deliberation and conclusion of collective labor agreement less scope for these activities; which does not prevent particular character agreement that can reach companies with the representation of workers / as.

Article 5. Personal scope.

This agreement governs labor relations between companies included in the functional scope described in article four of this chapter and workers who presently or in the future provide services with permanent or temporary character in them.

Are excluded from the scope of this agreement the senior management personnel (RD núm.1382 / 1985 article1, paragraph 2 dated August 1) that governs the employment relationship of the special nature of such personnel.

Article 6. Validity and duration

This Agreement shall enter into force and shall apply from 1 January 2015 and its term will run until December 31, 2017, fulfilled the term to which reference is made, the agreement must be denounced by either the signatory parties, within three months before maturity.

This Collective Agreement shall be extended for periods of one year, provided no timely complaint set out above. The representation that make the complaint, notify the other parties, expressing in detail in the communication, which must be in writing, the legitimacy that holds, the areas of agreement and the matters under negotiation. Communication must take place simultaneously with the act of the complaint. In this communication, copy be sent for registration purposes, to the relevant labor authorities.

Once denounced the collective agreement, within a maximum period of one month from the communication, it proceeds to establish the SNB. Receiving portions of the communication must respond to the proposal of negotiation and the parties will establish a calendar or trading plan, having to start it within a maximum period of fifteen days from the establishment of the SNB.

The deadline for negotiation shall be twelve months from the date of completion of the previous collective agreement, the parties expressly agree that the entire contents of this agreement shall remain in force and full implementation until the signature is not reached a new agreement to replace it.

However by agreement of the parties, it may extend the deadline for the start of negotiations for a new Agreement and the negotiation period, as provided in Article 85.3 of the Statute of Workers.

Out the deadline for negotiation, the parties may voluntarily adhere to service procedures Interconfederal Mediation and Arbitration (SIMA), to effectively solve the discrepancies after the course of the negotiation deadline without reaching one agreement.

The parties expressly agree that the content of this agreement shall remain in force, and full implementation until the signing of a new agreement that replaces it is not reached.

Article 7. Legitimacy of the parties to the negotiation.
They
Once up and denounced the agreement, will be entitled to negotiation or review of a new one, the same representations that are as to negotiate in accordance with Article 87.2 of the Statute of Workers. Such legitimacy will not, will have to be credited at the time irrefutably urge constitution of the bargaining, except table by the parties to this agreement.

Article 8 Absorption and compensation.

The articles of this agreement constitutes an organic and indivisible whole, so it is accepted in full.


The most beneficial conditions be respected workers have personal capacity granted by their companies or born of collective agreements previously applied to inclusion in the present Collective Agreement, which will not be absorbed or offset or revalued. However, they will not have vested rights which are linked to the job or position and results of the company.
CHAPTER III


Organization of work, income, separations and staff level

Article 9. Organization of work.

Technical and practical organization of the work corresponds to the management of companies in accordance with the laws on the subject.

Logistics systems, rationalization, mechanization and work address will not prejudice the continuing vocational training to which the personnel are entitled to complete and perfect.

Mechanization, processes and organization can not justify or produce any decline in the economic situation of workers; On the contrary, the benefits derived from them can be used in a way that improves not only the economy of the company, but also of those.

Article 10. Faculty of address.

As provided for in Article 41 of the Statute of Workers, the company address when there are proven economic, technical, organizational or production, can agree to substantial changes to working conditions. Taking the maximum time limit of fifteen days for the start of consultation with employee representatives. Shall be considered as substantial changes in working conditions, among others, affecting the following matters: a) working day; b) schedule; c) shift work regime; d) payment systems; e) working system and performance; f) functions when they exceed the limits for functional mobility provided for in Article 39 of the Statute of the g) Workers Voluntary improvements to the protective action of the Social Security.

It is understood that the causes concur that this article refers to when the adoption of the measures proposed help to improve the situation of the company through a more appropriate organization of resources, favoring its competitive position in the market or a better response to the demand requirements.

Article 11. Probationary period.

Revenue staff new companies are considered made on a trial basis for a period not exceeding 6 months for managerial, technical, department heads and middle managers, and two months for the remaining workers.

During the trial period the employee shall have the rights and obligations of the professional and the position held as if template, except those derived from the termination of the employment relationship, which may occur at the request of either the parties during the course of the trial period.

After the trial period has occurred without the withdrawal, the contract will produce the inherent effects of modality under which they have concluded, computing, where appropriate, for the purposes of old time service to the company .

Article 12. Forms of contract.

Will be subject to the provisions of Articles 8, 11, 12 and 15 of the Statute Law Workers of the consolidated text approved by RDL 1/1995 of 24 March, as well as amendments to the Act both by complementary laws or the RDL in force and those who in the future could be legislated as complementary or modifications to the present set.

It is agreed that in contracts that are made have priority groups of youth, women and people over 45, provided they have the training for the jobs to be filled.

In order to complete the aforementioned standard and the need for the sector to establish its application in view of the peculiarities of this production, framed in the emerging activity in the primary sector to which it belongs, the following arrangements are established in order to temporary contracts and pay:

Stability
template: both parties believe that given the characteristics of the activity of the aquaculture sector, target of the signatory parties reach within the collective agreement templates stability and temporary hiring, it may be made only in those companies that activity being permanent, not less than 70% of its workforce on permanent contracts. In this regard during the term of this collective agreement, this type of temporary contracts shall conform to the legal terms and mainly to the following conditions and principles:

Temporary contracts.

It is the will of the parties to this collective agreement during its term, temporary contracts -either directly by the companies or, where appropriate view the circumstances, by making contract disposal- has as its reason the following general reasons:

1. IT derived low cover.

2. Unforeseen absences.

3. Jobs for their special qualifications, can not be covered by the regular staff. These trades other than those framed by the sector.

4. To unforeseen orders and not included in the production plans of enterprises.

5. Abundant raw materials and always involving an anomaly within each campaign.

They also agree, in addition to the provisions of paragraph Stability of the workforce, temporary contracts may not be made including provision contracts until there is full employment of all permanent seasonal or permanent staff of the company. Therefore to have staff at a given moment without effective occupation, said staff made -if possible- the work of the stalls were needed to cover exceptional basis.

As realization of the above general reasons regarding contractual arrangements set:

Contract work or service:

R & D programs.

Pilot projects.
Programs
applications of new technology and experimental.

Work for their special qualifications that can not be covered by the regular staff.

Eventual contract:

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

The duration of this type of contract may not exceed 12 months within the period of 18 months.
Interim contracts
:
Cover
low derived from IT or holiday.

Leave of absence.
Other forms of contracting
:

Training and apprenticeship contracts:

The contract period shall not be less than six months nor exceed three years. Depending on the template department the number of contract based on this type of contract shall be governed by the provisions in Article 11 of ET and RD. 1529/2012 dated 8 November.

For training and apprenticeship contracts, remuneration shall be in proportion to the actual working time and wages as set out in the salary table as an annex to this agreement first.
Contracts
practices:

The contract period shall not be less than six months nor exceed two years.

For this type of contract practices, remuneration shall be in accordance with the provisions of Article 11 of the revised text of the Statute Law Workers in section E and in accordance to the realization of their recruitment by the qualifications provided by the worker; so for Training of 2nd degree and graduate degree for the 3rd group the 1st Officer and for undergraduate degrees or equivalent of Manager or Technical depending on the production group. Stretching out into account the deadline for the conclusion of the contract established in Article 11 ET.

Relief contract:

This form of contracting for a fixed or indefinite duration shall be directed to the replacement of day left vacant by partially retired workers, governed by the provisions of paragraphs 6 and 7 of Article 12 of the Statute of Workers, as well as the remaining complementary regulations.
Contracts for disabled workers
:

The company employs a number of workers 50 or more, shall be bound to that of including at least 2% are disabled workers. Reserving for them, those positions work training feasible that they could develop. All this set in Article 4 of RD 1451/1983.
Discontinuous fixed contracts
:


The contract for an indefinite period of intermittent permanent jobs will be arranged for having the character of discontinuous fixed and not repeated on certain dates within the normal volume of business activity, but does not require the provision of such services Everyday of the year. All in accordance with the provisions of Article 15.8 of the Statute of Workers.

Both parties agree that periods of work of these workers are concluded by certain dates, but when the activity of the company requires.

Discontinuous permanent workers must be called each time to be carried out the activities for which they were hired and its appeal must be made within each category and successive relative order of seniority. To this end a public list that will be drawn.

The call will be made, so that there is reliable evidence that the employee has been notified in advance and not less than 3 calendar days prior the day has to start providing services. To this end the worker is required to notify any change of address before it regarding the company.

It is understood that the employee gives up his job in the company if not incorporated the same on the date for which has summoned him in the appeal. The lack of incorporation to appeal not entail loss of turn in the order that the worker has when he is in a situation of IT, maternity, paternity and those other causes that can be justified and accredited.

No temporary contracts may be made in the company, under any form, whether the eventual contract, work or service, replacement or interim and making available by ETT, while there are pending permanent seasonal workers appeal to the professional category and the same job to cover under the contract.

Priority will be given to cover fixed positions continuous work that existed in the company within their professional category, in order of seniority.

These workers will not sign contracts every time they start the activity, it being sufficient for its high in Social Security, causing low reverse it by its call to order when the need is gone motivated the provision of services .

Acquire the status of permanent seasonal workers who were hired as such and those temporary workers who are hired for the second consecutive year temporary contract or ETT and had permanecidos discharged in Social Security a minimum of 180 days year.

Article 13. Professional classification.

Professional groups, which should permit are established:

- Increasing the degree of versatility.

- Employability.

- Flexibility.

- Functional mobility of workers.
Remembering
such as the following:

Group 1: Technical.

Group 2: Administrative.

Group 3: Production.
Group 4
Services

Group 5: Maintenance.

The company staff will be classified as follows:

Technical Group 1st.

Technical Director.

Head of Department.

Section Chief.
A. Technical

B. Technical


2nd Administrative Group.


Chief Administrative Officer 1st

Chief Administrative Officer 2nd
1st Administrative Officer.

Administrative Officer 2nd.

Administrative Assistant-telephone operator.

Ordinance.

3rd Production Group (Farms on land or floating cages).

Manager or Head of plant (farmer-farmer).

Boatmaster farmer.


Diver 1st aquaculturist

Diver 2nd aquaculturist

1st Official aquafarmer

2nd Official aquafarmer
Aquaculture specialist.

Marinero.
Assistant
farmer.

Services Group 4th.
Responsible
envasado- classifier (aquaculturist 1st).

Packer classifier.

Guarda, Vigilante, janitor, caretaker of the sea.

Peon.

Cleaning staff.

5th Maintenance Group.

Technical Maintenance.

Machinist-driver.

1. ª Maintenance Officer.

Official 2. ª Maintenance.

Maintenance Assistant.

Warehouseman.

Redero.

The number of workers in the company group and professional category obey the production needs based on the programmed objectives for which the organization of work will be established on the basis of the above indicated

13.1 Definition of groups and professional levels within the job classification system.

Technical Group 1st.


Belong to this professional group of people who, for academic knowledge or professional experience, attributed to executive leadership or responsibility, coordinator or consultant, with autonomy, supervisory capacity and responsibility, consistent with the assigned functions.

The following levels are established within the group:

Director is técnico.-worker who, possessing superior title optional Biology or Marine Science or any other that may be applicable to the activity, organizes, plans, programs, runs, runs and takes control of the company the technical part of aquaculture, as head of compliance with production targets that are set by the General Directorate or management, carrying out technical reports and programs that the Directorate General or management may require.

's Chief departamento.-worker who, possessing superior knowledge medical degree or equivalent recognized by the company, directs, with central character, a group of sections understanding their functions, among others, the organization responsible for planning, implementation and control, depending on the direction of the company.

Chief sección.-worker who is having medical degree or equivalent knowledge recognized by the company, he is responsible for a section or a particular sector being responsible for the development and planning of their own section or industry activities, reliance on Technical and / or Head of Department.

Technical A.-worker who is possessing bachelor's degree with or without their staff performs highly specialized functions and provide services in some departments or technical areas such as laboratory, research, production etc. only to him as a keeper of the knowledge in the relevant area could be attributed by the company.

Technical B. It is the worker who is in possession of the degree Vocational Training or equivalent knowledge recognized by the company whose principal functions require technical knowledge and experience nature in certain fields of science, and provide technical support to his command and perform their duties in the areas of production, hatchery, laboratory, and research and development, etc., with or without their staff. If assigned personnel in charge will have the right to receive the bonus of specialty long as that situation.

2nd Administrative Group.

Administration belong to people using media management, operational and computer routinely run their own administrative functions of the company.

The following levels are established within the group:

Chief Administrative Officer 1st-worker who is having a university degree and who provided or not power is responsible responsible for organizing and coordinating functions of one or more administrative sections of the company, ordering it distributes work properly and provides initiatives for the smooth functioning of the mission entrusted.

Chief Administrative Officer 2nd-worker who is in possession of the degree of Vocational Training, or equivalent knowledge recognized by the company that is responsible for responsibility, organization and coordination of functions of an administrative section of the company , ordering him to work properly distributes and provides initiatives for the smooth functioning of the mission entrusted.

Administrative Officer 1st-worker is the one who is responsible for a particular service administrative level, within which exercise initiative and own responsibility with or without other employees under his command and perform tasks related to the position of accounting, drafting correspondence and the like. They are included within this category programmers and operators work computer and office automation.

Administrative Officer's 2nd-worker who develops collaborative and administrative work is complemented by the First Officer in all administrative specialties without reaching the level of self-knowledge of this, but develops all the characteristics of work the administration in any of its areas.


Administrative Assistant telefonista.-Es-worker who is engaged in administrative offices and general elementary operations to purely mechanical, inherent in the work of those. They will be included in the professional category to computer operators (data entry), telephone operators, as well as those employees who perform basic and auxiliary work related to computers.

Ordenanza.-is that worker whose mission is to run errands, copying documents, perform the assignments entrusted to them between different departments, collect and deliver mail and other similar basic work.

Group 3rd. Production (farms on land or floating cages).

This group includes people to develop their functions must have a professional qualification in their own specific work techniques developed in Hatchery, Nursery and fattening aquaculture.

The following levels are established within the group:

Manager or head of planta.-worker who is having a university degree in marine biology or title of vocational education degree or its equivalent in aquaculture or with the knowledge and experience recognized by the company is responsible a Platform, area, sector or section, which plays among other tasks custody, supervision and care of crops in all its facets and other activities for the area entrusted to it by the technical staff responsible, and has control direct on the framed professionals within platform area, sector or section, answering their discipline, organizing and distributing the work. Integrates known in this category above as foreman.

Boatmaster Acuicultor.-worker who is having the title and certificates to enable it to such activity and practice and develops skills needed to do the work of its own in marine travel between the port or berth to production areas, and its responsibility and authority assigned to this degree in the course of their function. Performed this function and for the rest of the work day develop aquaculture.

Diver aquafarmer of 1st-worker who is possessing the license or professional degree that enables it as such and being under the orders of a superior work and performs maintenance and underwater production, practice in such a degree of perfection which not only allows you to carry out the general work of the same, but those that pose special ability and skill, being able to correct faults and deficiencies, monitoring, assisting and instructing the lower professional qualifications of such activity occurring that he fulfilled his work as a diver and respecting the provisions of the ministerial Order of 14 ctober 1997 establishing safety standards for the practice of underwater activities or, where appropriate, legislation replacing approved, will collaborate in the rest of aquaculture own work.

Diver aquafarmer of 2nd-worker who is possessing the license or professional degree that enables it as such and being under the orders of a superior work and performs maintenance and underwater production, practice in such a degree of perfection which allows you to carry out the general work of the same, being able to correct faults and deficiencies, and respecting the provisions of the ministerial order of 14 October 1997 establishing safety standards for the practice of underwater activities approved or, where appropriate, legislation replacing, collaborate in other aquaculture own work.

Official aquafarmer 1st-worker who is having the title of second-degree vocational training, and equivalents Level 2 Vocational higher degree in aquaculture, or having relevant expertise recognized by the company practiced and applied demonstrated ability and zeal, with such a degree of perfection that not only allows you to perform general work it, but those that involve special effort and delicacy, being able to correct minor deficiencies in the machines or have entrusted tasks.


Official aquafarmer 2nd-worker who is having the title of first-degree vocational training, and equivalents Level 1 Vocational average degree in aquaculture, or having relevant expertise recognized by the company practiced and applied capacity and demonstrated zeal, with such a degree of perfection that not only allows you to perform general work it, but those other involving special effort and delicacy, being able to correct minor deficiencies machines or tasks that have entrusted, getting screened know his superior for approval.

Especialista. farmer-worker who is having the title of first-degree vocational training, and equivalents Level 1 Vocational average degree in aquaculture, or recognized by the company's knowledge and experience and being under the orders of his superiors , performs certain specific functions and for which some practical operative is required, together with a previous theoretical knowledge.

Marinero.-worker is the one possessing the certificate of basic training that enables it performs functions seamanship, care and maintenance of cages and those that may be assigned by his superior in helping these simple jobs, can make guard functions.

Assistant acuicultor.-Es-worker who performs basic functions, helping his superiors in simple jobs that can have a quick check and always under surveillance.

Services Group 4th.

This group includes those who, without any professional qualifications or expertise of any kind, except those acquired by the mere development of their work, are engaged in the most varied service functions of general activity of the company.

The following levels are established within the group:
Responsible packaging
classifier (aquaculturist 1st) .- worker who is having the title of second-degree vocational training, and equivalents Level 2 Vocational higher degree in aquaculture, or having relevant expertise recognized by the company practiced and applied with skill and demonstrated zeal, with such a degree of perfection that not only allows you to perform general work aquaculture as well as those receiving the product, organization and distribution of the work of his co-packaged, taking into account for that loads and shipments of products as the final phase, etc.

Packer-clasificador.-worker who is having technical knowledge of the products developed (species, grades, etc.) and being recognized by the company, the practice and applies with zeal and ability and demonstrated that not only allows you to carry out the general work of the same but those that involve special effort and delicacy, being able to classify and correct minor deficiencies, with the main function sorting and packaging of fish, using various means provided for that purpose, weight , ice maker, and useful for its realization.

Vigilant Guardian, intercom, Tues-watchers is that worker who has the main functions to ensure the order of facilities, equipment and raw materials, which has no title vigilante jury and have adequate basic training for implementation and collaboration in basic and auxiliary functions included in the activity of the Company (as tasks related to food or withdrawal of casualties, fishing, measuring parameters of oxygen tanks etc. crops and facilities, etc.) to be entrusted and which has been duly instructed.

Peón.-worker who is running only work for the realization of which requires the contribution of its attention and physical effort without requirement of prior operational practice.
Staff
limpieza.-worker that is responsible for general cleaning services and cleaning and care facilities of the company.

5th Maintenance Group.

This group includes those who, possessing vocational training qualifications in any degree, or equivalent knowledge recognized by the company with specific expertise in the development of their work, are dedicated to the maintenance and conservation of both installations and production machinery, equipment and tools.

The following levels are established within the group:


Technical mantenimiento.-worker who is, possessing a university degree or vocational education degree or its equivalent in technical and practical knowledge needed, and with due responsibility, has direct control over professional framed, maintenance and conservation projects, ensuring compliance, distribute and organize work monitoring the proper operation, maintenance and repair of machinery and facilities.

Machinist-conductor.-worker who is possessing the professional card that enables him to develop operational activity, the driving of industrial denominated, whether these machines of the so-called public works or trucks medium and high tonnage, carries out its work with skill and perfection, while being responsible for the custody and care of the goods transported.

Officer 1st-maintenance worker who is having one of the offices of the classic called, the practice to such a degree of perfection that not only allows you to perform more general work of the same, but those that pose special skill and dexterity.

Officer 2nd-Es maintenance worker who, being to the orders of their superiors, and performs certain specific functions for which certain surgical practice is required with a previous theoretical knowledge.

Assistant is mantenimiento.-worker who develops auxiliary and low awareness activity for specific functions and specific, and require some operational practice and that in turn helps in work maintenance officers, so it can develop certain low-skilled jobs.

Almacenero.-worker who is responsible for specific tasks necessary for the proper functioning of the store, taking control of goods, supplies and tools deposited, ensuring at all times that the supply of materials needed is adequate .

Redero.-The worker who possess knowledge of seamanship and even collaborating with such functions in their working day, for their knowledge and ability is able to configure and build networks according to the need for which they are intended and to repair them.

Qualification requirements académica.-workers who develop a work for which it is necessary or for which it is required to be in possession of academic qualifications, they will be responsible for such qualifications are up to date. The Company must grant permission for the time necessary and essential for the continued possession of such qualifications. But in no case should assume that the worker has not regularized the necessary qualifications and as a result can not continue in the course of their work, so it will not assume the costs of necessary and possible replacement. The worker is responsible for the cost of fees etc. for the adequacy of the required qualifications.
CHAPTER IV


Day, hours and breaks

Article 14. Workday.

The normal duration of the working day under this collective agreement for the sector, will be 1,776 hours worked per year, to apply from 1 January 2015. This event will correspond generally to the development of 40 ordinary hours of effective work per week, applying both the schedule and the match continued.

A schedule work in each box with the time distribution center will be established. This table should be prepared and exposed within the first calendar quarter of each year.

Since the work activity of the aquaculture sector works with live animals that can cause, at peak times, will have to prolong the workday or modify this, in accordance with the provisions of Article 34.2 ET.

The number of ordinary hours worked may not exceed nine a day.

Between the end of a journey and the beginning of the next mediate at least twelve hours.

In those cases where the circumstances determinasen the need to intensify work or concentrate on certain dates or periods, in agreement with the workers' representatives, the day may be extended with the legally established limits.


In view of the special features that sometimes need to perform with extraordinary character, as this is a primary sector which operates with live animals and subject to multiple influences that threaten to workers who perform functions that character extraordinary (functions of custody or surveillance), is understood to have to distinguish their workday of other workers in terms of making working hours more permanent presence for the time that is required of him by this work. such excess time (Prolongation Day) will be paid a salary not less than that established for the ordinary, except when their compensation equivalent lump sum or paid rest period is agreed.

The time spent in the workplace after the scheduled departure time in the work schedule of the company for production reasons, as required by those workers whose job consists of the launch, opening or closing productive section or workplace and involving an extension of their regular working hours, will be considered time extraordinary work only on the assumption that as a result of their realization exceed the annual day governing in the company . Said extension of time, if any, will be compensated in the form agreed in each company and representatives of workers. Article 34.3 ET.

The hours of work carried out on Sundays and holidays, with the exception of it is due to any system corresponding shift work, wages will be increased that day by 75% under Article 47 of RD 2001/1983, of July 28, plus restitution of enjoying compensatory rest day.

Within the working day a break of fifteen minutes will be considered effective work will be established, and thirty minutes personnel performing more than eight hours of actual work.

The working day shall be calculated taking into account the effective working time meaning the presence of the worker in his job dedicated to him and provided where appropriate with clothing and personal protective equipment (PPE) in the correspondingly, both at the beginning and end of the work day. Also they will be required to carry clothing and personal protective equipment (PPE) throughout the workday, if required by the standard of prevention, respecting at all times the legislation.

It is established for the months of July and August working day intensive seven-productive for staff to develop their work in split shifts hours. In the units or departments organized under a fixed or rotating shifts not from the application of intensive day, as it already has its day distributed regularly on a yearly basis.

In the event that weather or force majeure proven elements and proposed by the employer or the legal representatives of workers and establish posts agreement which could not make the workday established for those days, in the absence of agreement, the company should act based on the provisions of Article 34.2 ET.

The worker made available to the employer carrying out these days, with decreasing two hours for attending the job when this is done, can be accumulated for implementation at the request of the company or by agreement of the parties for compensation set out in article 16 of this agreement.
Also
average effective working time (four hours) for 24 and December 31 respectively set, for which the corresponding duty shifts will be organized. In the case of organizational or production needs it may be agreed, performing two shifts full-time on one of those days complete rest in the next.

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

Article 15. Work shifts.


The provisions of this Article shall apply to those workers subject to any shift system implemented in companies, defined as that contained in Article 36.3 of the Statute of Workers. In the organization of work shifts will take into account the rotation of the same and that no worker will be at night over two consecutive weeks except voluntary membership, or established in recruitment.

For workers in regime shift, and in cases of force majeure when required by the organization of work, you can accumulate for periods of up to four weeks the average weekly day of rest provided for in paragraph 1 of Article 37 of the Statute of Workers, or separate from that of the full day to enjoy another day of the week.

In any case shifts should be appropriately reflected in the schedule table referred to in Article 14, establishing the need to prepare for each month or quarter a table where it is collected in detail all personnel included in the shift system, specifying your work schedule for each day, and expose it being necessary to carry at least two weeks prior to their implementation, provided that not altered because majeure (illness, accident, etc.).

Workers in shifts, except manifest impossibility must communicate with the maximum advance and diligence any incident (no, delay, etc.) that affects the system relay his job and, failing that, to confirm this end as soon as possible, although it has begun the day that corresponds.

In the event that the absence of relief is known by the company at least 48 hours in advance, it is obliged to replace the outgoing at the end of their journey. Companies that purpose, adjust the changing times tables (quadrants) of the affected workers. The modification to produce such replacement will be necessary in time and change quadrants.

Companies, to make the quadrants may move the holidays to work throughout the calendar year, by agreement with workers' representatives.

Companies should not go to work in shifts may implement any of the systems described in this article, as provided for in Article 41 of the Statute of Workers.

Article 16. Overtime.

The number of overtime may not exceed eighty per year, balance the provisions of Article 35.3 of ET.

Not be taken into account for the purposes of the maximum duration of the ordinary workday or for the calculation of the maximum number of hours of excess, established as hours of presence of article 14, the excess worked to prevent or repair losses or other extraordinary and urgent damage, without prejudice to its credit as if it were overtime or compensated for with equivalent paid rest time within four months of their completion

Overtime will be conducted according to the following criteria:

A) common Overtime decrease.

B) Overtime come required by the need to prevent or repair damage claims and other extraordinary and urgent realization. Its implementation is mandatory and compensation at the discretion of the worker, who can choose between your enjoyment time paid leave at the rate of two hours per each extra hour performed, or their remuneration in the same proportion, ie 100%

Overtime required by unforeseen absence, shift changes or other circumstances of a structural nature stemming from the nature of the activity in question, provided that does not fit the use of the different types of temporary or partial procurement provided by law.
Overtime
carried out, the worker increased in the percentages indicated shall be paid:

1. Value calculation time: 14 × (SB + Per + PE.) / Total hours year according Article14.

SB: Base Salary.
Per
:
Stay
PE: Plus Specialization.

2. The surcharge for overtime will be 75%.

3. Under Royal Decree 1561/95, of September 21, 1995, be compensated for overtime for time off in the same proportion expressed above.

Article 17. Vacations.


Workers affected by this Agreement shall be entitled to an annual period of paid leave at the rate of base salary, plus permanence and specialization (where they exist), thirty calendar days per year, which they will enjoy proportion to the worked during the course of the calendar year to which correspond vacation time.

The enjoyment of the holiday can be divided into two periods. The company, based on work planning, and representation of workers, established by mutual agreement in the last quarter of the year holiday calendar next year for the staff of its workforce, which will be published in the bulletin boards for information during the month of January.

In the case of matches in the desire of workers enjoy holiday periods must be taken into account for the granting of these dates, there is no agreement between them for variations or permutations, which should respect the established in the previous paragraph and under the criteria of the following parameters:

1st rotation dates between all care workers to enjoy each year.

2nd school age children.

3rd priority by seniority and in case of equality in the older age as preferred.

In any case, the worker will always know the dates that correspond holidays with at least two months in advance.

One of these periods will be faculty of the company choosing your dates of enjoyment, the other worker faculty period will be the choice of the dates thereof, provided that there is the guarantee of a minimal presence in the service 70% of operational staff it.

The employer may exclude as a holiday period that match the increased seasonal production activity of the company, in agreement with the workers' representatives.

Staff shifts can start enjoying your vacation at the end of its regular rest period.

When the holiday period fixed in the calendar of company holiday coincides in time with a temporary disability, maternity, with the period of suspension of the employment contract provided for in Article 48.4 and 48a of the Statute of Workers are entitled to enjoy holidays different from the temporary disability or of leave that application of that provision would correspond date, but finished the calendar year to which it relates and always within the legal limits, views and production needs prior accreditation to the representation of workers.
CHAPTER V

Economic Arrangements


Article 18. Remuneration.

The remuneration that are set in this agreement always refer to minimum and gross.
Article 19. Wage
Concepts.

Those who counted accrual of remuneration are set forth in the wage bill in section I of this, according to the Order of December 27, 1994 ( "Official Gazette" No. 11 of January 13 1995) and that this agreement is set to Salary Base and Plus Specialization.

Article 20. Wage agreement.

Is established as the salary table attached to this agreement for the years 2015 and 2016.
Salary increase
:

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

By 2016, tables of 2015 will increase by 1.5%. Occurring if the conclusion of 2016 the CPI actual set of the years 2015 and 2016 exceeded 2.5% a pay review of the resulting difference is applied, the resulting amount will be paid retroactively from 1 January 2016 and will be reflected in the salary table as a basis for the following year.

For 2017 the wage increase for that year shall be that established by the parties to the III Agreement for employment and collective bargaining as provided in Chapter III (Criterion in wages, 2nd point , 4th paragraph).

'If not materialize the salary increase expected there within, the parties to this Collective Agreement for determination according to the criteria mentioned therein will meet. "

Convention Salary is the amount contained in Annex I to this agreement, and consists of Salary Base and Plus Specialization and set according to the group and classification of staff expressed in the table and in Article 13 of this Convention .

Article 21. Plus specialization.


For those professional categories in which the need to have an approved and recognized, or specialization in performing the work qualifications, and in turn so stated in the definition of the categories are established, receive this Plus specialization, the amount set out in the tables attached to this agreement wage.

Article 22. Plus Variable production.

Workers for the normal development of their work and within the normal production required in office, receive monthly by this concept the minimum figure of € 3.75 cash per day worked. Allowing the company to establish an increase in this item, with the use of scales of production incentive agreed with the legal representation of workers.

This plus Uncollected when the worker does not go to work, whatever may be the cause of this absence. Except in cases of mandatory medical examination and union jobs.

The company voluntarily, may introduce a system of additional variable remuneration, individually or collectively, depending on the achievement of objectives. This system, as well as any modifications thereof, must first be submitted to enable information or consultation agreement with the representatives of workers.

The aim is to involve workers in company results obtained by achieving goals set in different orders (economic performance, production, market, quality of security, including the rate of accidents , etc.).

These objectives must be measurable, quantifiable and achievable, besides materializing the method for regular monitoring by the representatives of workers.

The amount allocated to these variable remuneration, shall be established by annual agreements based on defined objectives and not be part of the wage bill and have the character of unconsolidated.
Article 23. Plus
urban transport and distance.

Receive is the amount the worker to meet the expenses incurred by public transport and the distance you have to travel from home to the workplace.

The amount is set at € 3.75 per effective working day and for all professional groups. In those companies agreed that they had this concept other forms of remuneration continue their conditions for regular staff to signing this agreement.

For workers and day to develop their work schedule starting time, receive for this concept Duplo the amount established for each day based on the corresponding year.

This figure and concept, given the compensatory nature of transport costs and distance have, it will not count and will not be taken into account for the payment of holiday bonuses, nor for calculating the value of overtime , and will appear on the receipt of wages.
Article 24. Plus
availability.

Workers after their workday accept to be permanently available at a maximum distance position not more than 50 Km work. And carry a mobile phone for your location and the amount of assistance receive 70 € per month for such availability if it should occur having to move and develop work, this time employee is compensated as overtime workers. Being able to rotate the affects workers such availability due to agreements with the company, and will perceive only for his appointment agreed on availability.

Article 25. Stay.

In order to recognize the concept called economic development as a right that must persist in those workers who perceived him under the name 'Ad personam' and likewise from the so-called antiquity to the date of December 31, 2006 the amount of that right is extended under the name of "permanence" for holders workers in such historical right.

In the agreements that have established lower-ranking figure of economic development, and be integrated in this agreement, these amounts have the character of "ad personam" in the same manner as was done in this connection in 1. er Framework Convention on National Aquaculture and will be reflected on the payroll as Permanence.

Article 26. Extraordinary Awards.

The extraordinary summer and Christmas bonuses consist of one month each, and shall be paid on the increased wage agreement with permanence. It will accrue semi-annually in proportion to the time worked.


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

Article 27. Diets and locomotion.

If service needs would have to move a worker from the town that usually has its destination, the company will pay for the costs of transportation and subsistence expenses:

1. € 35 daily diets Territory State, and 70 € outside it.

2. Average diet, whether the worker can return to spend the night at home will only accrue average diet ie 18 € per day in the Territory of the State and 35 € outside it.

3. When traveling in your own car will be paid at the rate of 0.22 € / Km., It being agreed that price and its porcentualidad is the payment of the insurance policy of the vehicle with all risk coverage because otherwise it is the worker, who would assume the risk differential of the vehicle, also faults that may suffer the vehicle are in your% included in that price.

If more than one worker who maneuvering in the vehicle, for services to the company is paid by a plus of € 0.05 per km., Along the route necessary.

Article 28. Nocturnidad.

The hours worked during the period between 22 and 06 hours, will have a specific remuneration and increased by 25% over the base salary plus more permanence and specialization, in which for this circumstance it was developed.

Are excluded from such concept Nocturnidad, hours under the contract, the natural day worker develops in that time (22-06 hours), or when the night shift occurs as a result of shift work or rotation thereof, in which time and effective working time these workers receive for such circumstances a plus 4 € per day.
CHAPTER VI

Occupational safety and health


Article 29. Occupational health and safety.

Law 31/1995 Occupational Risk Prevention and Regulation of the Prevention Services RD 39/1997, and the modifications made by Law 54/2003 of 12 December, as well as all those that are will be fulfilled published and must apply to this matter.

In workplaces that have more than 6 workers, the workers' representatives appoint safety representatives that corresponded to them from among its members under Article 35 of the Law on Prevention of Occupational Risks, being in business more than 50 workers where the health and safety committee will be constituted. The functions and powers of the committee shall be as provided in the law itself and developed its rules.

The employer shall ensure the safety and health of workers in every aspect related to work. And so it has the right to organize the tasks that lead to the purpose of safety and health at work making:

1. Evaluating the risks.

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

3. Adopt measures of information for workers and their representatives as well as prevention services and competent authorities.

4. It will organize the necessary training of committee members and delegates of prevention.

Each worker must ensure their safety and health as well as other persons affected because of their acts or omissions of work under the training and instructions given by the company and for this:

1. Correctly use the machines, tools, facilities, hazardous substances.

2. Correctly use personal protective equipment.

3. It will not override or tamper with safety devices.

4. It immediately and reliably communicate any anomalies or labor situation involving serious or imminent risk to their health.

5. He kept in good condition and personal protection means available for use when needed.

Local meet the sanitary conditions and adequate environment means having means to keep them clean and hygienic condition, being obliged to respect the rules workers that purpose dictate the direction of the company.

Article 30. Medical examinations.


Workers affected by this collective and in accordance with the criteria issued by the occupational health regulations convention, have the right and duty in the cases provided for in Article 22 of the Law on Occupational Health and Safety, of a general medical examination appropriate to their job, at least once a year. Various medical tests in workers be carried out if possible within the working day.

Companies that have between your template workers performing diving activities, require their employers mutual which these have with medical specialists in hyperbaric medicine, and availability of media for the attention of hyperbaric accidents.
Article 31.
Services and hygiene.

All workplaces have sufficient supply of drinking water. Quarterfinal and changing rooms and toilets, showers and toilets. Pursuant to the Regulations of Workplaces.

Article 32. Articles of apparel and teams.
Companies deliver
maintenance personnel and two complete sets of production of shaped garments work, according to the jobs they are accurate, monkey, shirt, hat, suitable footwear and apron in hatchery and waterproof garment or coat for workers who remain in temperature so advises both cold and rain. The delivery of garments will be made in October.
Workers respond
misuse of garments, and tools that are delivered.

The toilet cleaning and conservation work such clothing will be in charge of the workers who will be obliged to dress them during working hours. Workers who cease to belong to the group will be required to return all the clothes that were given and the EPIS.

Article 33. Capacity decreased.

All workers who by accident or occupational disease, with reduced physical or intellectual faculties suffer diminished capacity, have preference to fill the fittest positions in relation to the conditions existing in the Company. In these cases, the salary that corresponds to the worker in his new category will be assigned to this professional category.

Article 34. Staff hygiene.

The staff who have direct contact or involved in the processing and handling of food products rigorously observe all hygienic and sanitary measures.

The Company will provide workers who need all the means necessary for them to obtain the certificate or card manipulator food products.

Likewise, the company will determine the rules to be observed by all persons, without direct contact, access to the premises where manipulation functions are performed.
CHAPTER VII

Additional aid social and


Article 35. Life insurance and disability insurance.

The companies concerned by this agreement are committed to formalize within its approval after the policy subscription group life insurance for its workers for the period of sixty days these in them and through any type of contract for the following contingencies:




contingencies





amounts

-


euros





Death by disease





40,000






Accidental death





40,000






total disability due to illness





40,000






total disability by accident





40,000






total disability due to illness





20,000






total disability by accident





20,000





The amounts described above, by definition, are not cumulative event of any incident occur.

Being a life insurance, the insurance company has the right to request health questionnaire, so the company must come only and exclusively to ensure the aforementioned contingencies whenever fill the worker, in the case of requested that health questionnaire and the insurance company accepts the risk to insure.


In the event that the insurer seek health questionnaire and, as a result thereof, reject coverage for an employee, the company must ask two insurance coverage plus the possibility thereof. If after such request the worker still can not ensure the company will be exempt from any responsibility for the contingencies set forth in this article and for the workers concerned.

Once the worker is insured in the event that the insurer refuses to pay a contingency as a result of having concealed information on the health questionnaire that had been completed, the company will be exempt from any liability regarding payment of this contingency.

The company will also not liable for the payment of the aforementioned contingencies when the causes that were provocasen prior to the entry into force of this section nature.

When the worker's request, the company will provide a copy of the insurance policy by which the aforementioned contingencies covered.

The beneficiaries of these amounts will be:

In case of disability, the worker himself.

In case of death, unless expressly designation by the insured, the spouse not legally separated and, failing that first-degree relatives, descendants and ascendants, in that order.
Article 36. Improvement
voluntary temporary disability.

The companies paid their workers:

1. In case of accident, a voluntary improvement complementary to the allowance paid by the Social Security up to one hundred percent of their salary agreement more permanence from the day of medical leave until the date of discharge or go to the Invalidity in any degree.

2. In case of illness the worker with hospitalization, companies will pay up to one hundred percent wage agreement more permanence from the first day of sick leave, up to the date of discharge or pass to the situation of disability in any of their degrees. Despite improvements in this regard have established businesses will be maintained.

3. The company may check the status of worker illness or injury that is alleged by him to justify his absences from work, through recognition by medical personnel. The refusal of the employee to such recognition may determine the suspension of economic rights that may exist by the employer for this situation including voluntary improvement of temporary incapacity.

Article 37. Paid leave.

1. Marriage or partner constitution accredited fact, deriving the same affinity relationships: fifteen calendar days, applied in accordance with the provisions of the law.

2. Birth son / herself or legal adoption or foster care just over two years: three days and two more (both natural) if it occurs outside their usual residence and whenever there is a distance of more than 100 km from his residence..

3. Accident or serious illness, such as triggering event, with hospitalization or surgery without hospitalization that requires home rest, death of spouse and relatives of the first degree of consanguinity or affinity: three days and two more (both natural) if it occurs at a distance greater 100 km from his residence. And the same facts and circumstances to those of Grade 2 of consanguinity or affinity: two calendar days and if it occurs at a distance greater than 100 km from his residence two calendar days. The license may be enjoyed uninterruptedly after advance communication at least 24 hours and for the period for which the triggering event by hospital or medical justification for the Public Health Service

In cases to be moved outside of Spain, and be entitled to vacation to enjoy, you can request up to ten days of accumulated vacation to permit taking into law.

4. Assistance to medical consultation: the time, whenever duly justified. Foreseeing two hours to see the same location in the workplace, three hours and four in another location if it comes attend two or more medical consultations continued. As a general rule all medical consultations above, the appointed times are referred to consultations of the Public Health Services.

5. Testing: The time required if the required conditions were given in the revised text of the Law of the Workers' Statute.

6. Moving house: two calendar days whenever duly justified, for all workers covered by this agreement.


7. inexcusable fulfillment of public duties: the time necessary, duly accredited by regulations.

8. own affairs: Understanding that on occasion may exist in the worker the need to fulfill themselves, inexcusable and urgent duties on workdays, are set two days to fulfill these duties with the single advance request (two days and five days for personnel shifts) and not being able to perform at the beginning or the end of a permit, rest, holiday or excused absences as they can not be considered an accumulative right to rest and provided it is not coincident with those granted to other colleagues in the department or section working, thereby avoiding breaking the productive organization.

Within this availability will be able to replace the use of the two-day own affairs and in order to be able to use them to assist medical consultations with children under 14 and dependents, by 4/2 days after notifying the company . If after use before exposure and for the same reasons the worker needed two half days they will be granted provided they are justified and documented previously reported. As a general rule attending medical consultation is referred to public medical (health care Public Health Services) or private, to be justified in the latter case that attending the same can not be performed outside working hours. For this purpose the advance notice specified in the first paragraph of this section apply eight.

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

Rules to follow in case of absence from the workplace.

1. General rules:

A) Any absence must be communicated in advance, unless justified impossibility or force majeure.

B) Your request must be in writing.

C) must justify the reason for the absence documented, except those absences that under the Legislation requiring no justification.

2. Doctor visits:

In the case of exits to the doctor, the company will pay the necessary time as the visit to coincide with working hours in accordance with Article 37 of the IV Collective Agreement for Aquaculture. For you paid will be perceptive that the receipt is signed and dated by the physician, indicating the time in case of exceeding the limits provided for in Article 37 or, failing dated and stamped by the admission service doctor, hospital or health Public health Services. In the case of other documents, print only be admitted by the admission service Social Security. It will be rejected as proof citation query or similar.
Article 38.
unpaid leave.

Regardless of the previous article, you can enjoy unpaid leave if duly justified by the applicant, by written with a minimum of five working days to your immediate boss or company notification.

Article 39. Workers union office.

Union workers who hold positions within the term of this agreement shall be entitled to the necessary facilities for the performance of the same, as well as to perceive wages, in all cases of absences for this reason, and all established remuneration. For this purpose will be granted a credit of monthly hours paid, established by law (Article 68 of the ET.), For each of the Delegates or Members' Committee of each workplace.

They can accumulate the hours of the various members of the committee and, where appropriate, of staff delegates in one or more of its components, without exceeding the total maximum. Such accumulation may not exceed the limits established by legislation.

Article 40 Union Dues.

Will be subject to the provisions of the Organic Law on Freedom of Association. The employer shall the deduction of union dues on wages and the corresponding transfer request affiliate union worker and always prior agreement of this.

Article 41. Informing workers' representatives.

The companies provide the representatives of their workers high and low information in Social Security. Also, you will be shown to your requirement timely documentation supporting the payment of Social Security contributions to duly stamped by the competent entity.


Thus, the company also make it easier for workers' representatives bulletin boards for fixing information documents issued by them. Notwithstanding the foregoing, the representatives of the workers will be given all the information necessary to carry out the responsibilities assigned to them in the Workers' Statute especially Article 64 and other applicable rules and labor relations agreements.

Without prejudice to the rights and powers granted by the law, the works council and staff representatives and union delegates should be informed by the company of the following:

A) Quarterly on the overall development of the economic sector to which the company belongs, on the evolution of business and the situation of production and sales of the company, on its program production and employment developments in the company .

B) Annually meet the income and memory.

C) Prior to execution by the company, on restructuring of templates, total or partial closures and definitive or temporary reductions or changes day basis.

D) Depending on the subject in question:

1. System implementation or reduction of work organization and any of its possible consequences, time studies, establishing systems of bonuses or incentives and job assessment.

2. On the merger, takeover or change of the legal "status" of the company, where this would any incident affecting the volume of employment.

3. Sanctions imposed for very serious, especially in cases of dismissal faults.

4. With regard to statistics on the rate of absenteeism and its causes, accidents and occupational diseases and their consequences, accident rates, movement of income and resignations and promotions.

In the matters covered in paragraphs c), d), 1 and 2 the Works Councils, Staff Delegates and Stewards addition to the powers recognized reports issued in advance.

Article 42. Meetings in the workplace.

According to the laws in force, workers may meet in the workplace outside their working hours warning in good time 24 hours a management company and appointing the person it liable for the good order of the meeting.

In addition to the workers, the right to holding a meeting a year within their workday, lasting no more than thirty minutes is recognized.

Article 43. Joint Committee.

A joint commission for interpretation, arbitration, conciliation and enforcement of the Convention in its implementation and development is founded, as set out in Article 83 and 85 of the ET. Also the Joint Commission should meet any Convention regional level or company that, under Article 84 of the Statute of Workers, could be signed, coming obliged, therefore, the signatories to make it known to the Commission.

Shall consist of 8 members, 4 of them social and 4 representatives of the employers, on behalf of the parties to this agreement, appointing a secretary among the components to be appointed at each meeting.

Both parties expressly agree that any doubt or dispute that may arise concerning the interpretation or application of this Convention that has the force of collective action will be previously submitted to the Commission report before filing any litigation or administrative claim.

The Joint Committee will meet at least twice a year, from the effective date of the Agreement, and many times in special session as necessary, meetings will always have the character of extraordinary, when the topics calendars are on vacation or collective disputes and their agreements to be valid require the affirmative vote of the majority of each of the two representations of the Joint committee.

Both Vowels, as advisers shall be convened by registered letter or reliable telematic means at first and second call, with at least fifteen days of the conclusion of the regular meeting, the secretary out of the previous meeting. If not to go all the vowels in first call, the meeting will be held on second call, remain valid provided that a minimum representation of both parties (employer and social). The agreements reached will be conditions attached to the initial Convention.


For extraordinary and urgent meetings the minimum period for convening them will be five calendar days. The request for convening the conduct deemed the part affected, and through the requirement of convening the secretary who was at the previous meeting of the commission.

The call will be held reliably and expressing the matter treated.
Case
not reach an agreement on the issue or issues discussed will be subject to these provisions in the Rider II of this agreement
CHAPTER VIII

Disciplinary measures


Article 44. Fouls and penalties.

Workers may be sanctioned by the company under labor violations, according to the ranking of offenses and penalties established.

The disciplinary offenses committed worker during or as a result of their work, they may be minor, serious or very serious.
Criminalization of offenses
:

A) minor offenses will be the following:

A.1 The incorrectness with the public and with peers or subordinates.

A.2 The delay, negligence or carelessness with the performance of their tasks.

A.3 Failure to communicate in due time before the misses work, for cause, unless that failure to do so is proved.

A.4 The lack of attendance at work without cause for one day.

A.5 Repeated tardiness, without just cause, three to five days in periods of 30 days continued.
A. 6
Carelessness in maintaining premises, equipment, supplies, tools, work clothes and documents of the company.

A.7 Overall breaches of duties by negligence or excusable neglect.

A.8 Using music players (collective or individual), mobile phones or any electronic device other than itself or related to the job or not expressly authorized in writing by the Directorate.

A.9 All that do not appear as serious or very serious.

B) serious offenses shall be the following:

B.1 The lack of labor discipline or the respect due for qualifications and disqualifications to senior colleagues or subordinates.

B.2 Failure of the orders and instructions of superiors and the specific duties of the job or negligence arising from or arising serious consequences for the service or safety of persons or property damage.

B.3 The thoughtlessness with the public in the exercise of work.

B.4 Failure or neglect of rules and measures by the Law on Occupational Health and Safety established when thereof may derive health risks and physical integrity of workers, other workers or third parties.

B.5 The lack of attendance at work without just cause for 2 days in periods of 30 days continued.
B.6
Offenses punctuality repeated without cause for more than five and less than 10 days a month.

B.7 The abandonment of work without just cause.

B.8 The simulation or concealment of faults of other workers in relation to their duties punctuality, attendance and retention at work.

B.9 the improper use or dissemination of data or issues they have knowledge by reason of work in the company.

B.10 Recidivism in the commission of minor offenses, even if they are of a different nature, in the same quarter when sanctions have mediated by them.

C) will be very serious offenses the following:

C.1 fraud, disloyalty and breach of trust by act or omission in the mandated negotiations and any conduct which constitutes a criminal offense.

C.2 The manifest individual or collective insubordination.

C.3 The voluntary distortion of data and information from the company.

C.4 The lack of attendance at work is not justified for more than three days a month.

C.5 Fouls repeated unjustified punctuality for ten days or more per month for more than twenty days a quarter.

C.6 Recidivism serious offenses, even of different nature, within a period of six months if they have mediated penalties for them.

C.7 simulation illness or accident.

C.8 Continued decline in voluntary normal work performance agreed.

C.9 The negligence can cause serious damage to the conservation of local production materials or documents of the company.


C.10 sexual.-Harassment Sexual harassment is defined as the situation where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment is created.

C.11 Moral Symptoms.-Harassment is defined as moral harassment; psychosocial risk factor manifested by abusive behavior (gesture, speech, behavior, attitude, etc.) that attempts, by repetition or systematization, dignity or psychological or physical integrity of a person, endangering their employment or degrading work environment.

C.12 go to work under the influence of alcohol or narcotics, and consumed in the Company. If possible the presence of the chief of staff or workers' representative will be required.

In c.10 and c.11 assumptions, in the case be exercised from a position of hierarchical superiority and those who to be exercised on people with temporary contracts are also considered gross misconduct, abuse of authority .

The sanctions that may be imposed depending on the rating of the faults are as follows:
Sanctions
:

A) For minor offenses:

A.1 written warning.

A.2 suspension without pay of up to two days.

B) For serious offenses:

B.1 Suspension of employment and salary seven days to a month.

C) For very serious offenses:

C.1 suspension without pay for one month and one day to three months.

Layoff c.2.

The penalties imposed for serious and very serious offenses shall be notified in writing, which must include the facts that motivate and date they occurred.

Minor offenses shall lapse after ten days, twenty days serious, and very serious sixty days from the date the company was aware of his commission and, in any case, the six months of being committed.

Every worker will realize in writing, by themselves or through their representatives, acts involving lack of respect for their privacy or due consideration for their human and labor dignity.

Article 45. Correction of absenteeism.

Unjustified absenteeism and lost productivity creates impact negatively on labor costs, thereby hurting the competitiveness of businesses and in turn creating a social environment problem in relations between the company and the worker and among themselves workers. Reducing truancy should be a priority and shared between union and business representatives, as it affects the work environment, productivity and health of workers, so that absenteeism that directly affects be avoided and overturns detriment to the establishment in turn, increases the volume and pace of work, the hours spent or extra days, so with the intention of finding solutions in this regard, companies should create a commission in this regard. In companies where there are safety representatives or safety and health committee with these business representatives will form this joint committee.

A) by which the causes of absenteeism is identified, analyzing the situation and developments in the field of business, functional area, profiles and causes.

B) Establish criteria based on the identification to reduce truancy and establish a monitoring mechanism and appropriate corrective measures.

C) For the lack of assistance to intermittent work even justified, it applied the provisions of Article 52 paragraph d) of the ET.

Additional clause first. Procedure for the non-application of the Collective Agreement.

It can produce substantial modification and / or non-application of labor and economic conditions agreed in this collective agreement, in matters and causes identified for this purpose in Article 82.3 in the ET, and during the term of the agreement.


The company that looks at the need to choose to apply the non-application of the collective agreement must notify the unit, association and collective representation of workers in compliance with the provisions of Article 41.4 of ET, that will, after minimum consultation period of fifteen days, to take the appropriate decision. Requiring that there is agreement between the company and the intervener social representation. The agreement also established shall be notified to the Joint Committee of the agreement and the labor authority, accompanying the document according to the measures taken and duration of these.

In case of disagreement, the discrepancies will be submitted to the Joint Committee of the agreement to mediate and seek outputs to the dispute in question, the commission will have a maximum term of sietedías to rule on the matter, from the date when the discrepancy them was raised.

If the Joint Commission no agreement was reached, after the consultation period and completed this without agreement, he will go to the provisions of the second addendum of this agreement.

The legal representatives of workers, or, if the Joint Commission are obliged to try and maintain the largest reserve in the information received and the data to which they have access as a result of the provisions of the preceding paragraphs, observing respect of all professional stealth.
Additional clause
second. express submission, the Accord V Autonomous conflict resolution.

The parties adhere to V Autonomous Agreement on Dispute Resolution (ASAC) and subjected to the bodies and procedures for mediation and arbitration that it establishes.

In collective conflicts of interpretation and application of this agreement and in non-application procedures referred to in Clause First Additional, if agreed within the Joint Commission did not occur, a mediation process began, and if it persisted dissent behind it, the dispute shall be settled by arbitration award, all within the scope of the Interconfederal Service Mediation and Arbitration (SIMA) or by agreement between the parties regarding the arbitration is concerned, to the National Advisory Committee on collective Agreements, thus assuming the parties before general and this clause of submission to arbitration in the settlement of collective disputes character.

Notwithstanding the foregoing, in collective disputes that relate to the interpretation and application of this agreement, no agreement being reached between the parties in the Joint Committee or in the process of mediation, arbitration may be replaced by those others that the parties have agreed to their right.

Also exhausted the deadline for negotiating the agreement, the parties adhere to the procedures stated above (SIMA) to effectively solve the discrepancies after the course of the negotiation deadline without reaching an agreement.
Additional clause
third. Training.

Continuing education is a very useful tool for the development of professional skills, which favors the adaptability of workers and enterprises and contributes to the maintenance and improvement of employment, jointly responding to the needs of both parties . Accordingly, it is shared by both companies as workers, as proof of this has been the subject of special attention by business and labor organizations under the Social Dialogue and Collective Bargaining goal.

Based on the above, and to the needs in the field of marine aquaculture, it is the will of the parties to this Collective Agreement promote a specific vocational training for this sector.

The development of this commitment will be implemented by the Joint Commission in Article 43 or by a working group designated for the purpose by the Committee, and its function is to analyze the training needs of the sector and creating structures and plans to cover them.

Fourth additional clause. Occupational Health Commission.

Implementation and development of the Commission on Occupational Health.

A Commission on Occupational Health of the Convention shall consist of the same number of members and in the same proportion that the Joint Commission will meet on the same dates and the same conditions as this is constituted.


The Commission on Occupational Health of the Convention shall be to the integration of prevention of occupational risks in technical processes and work organization at all levels, according to the principle of Integrated Security, and the adoption of action preventive and promotion in the field of marine aquaculture and the establishment of a culture of safety and occupational health through education, information and participation.

Additional clause fifth. Retirement.

Social representation and representation of the employer, will continue in mutual cooperation the necessary management to relevant bodies, to reach the retirement age of workers in this sector, it can be assimilated to the Special Regime of the Sea || | ANNEX ONE


With the intention of seeking to safeguard the business viability and the jobs of workers in a situation of serious economic crisis that affects very hard in the aquaculture sector, the negotiating parties have agreed to make an effort that is reflected in the following tables, and overall context of this agreement.
TABLE WAGE AGREEMENT
2015
NATIONAL MARINE AQUACULTURE



Categories





salary

-


euros




Plus Spec.

-


euros




Total month

-


euros




Total year

-


euros





GROUP 1:






























Technical staff:






























Technical Director





1277.31





438.89





1716.20





24026.74







Department head




1265.02





417.98





1683.00





23562.00






Section chief





1155.62





390.94





1546.56





21651.78






Technical A





1010.66





127.86





1138.52





15939.32






Technician B (*)





936.79





50,00





986.79





13815.02






GROUP 2:






























Administrative Staff:






























1st Chief Administrative





1155.62





390.94





1546.56





21651.78






Chief Administrative 2nd





1072.01











1072.01





15008.16






Administrative Officer 1st





1010.66











1010.66





14149.24






Administrative Officer 2nd





936.79











936.79





13115.02






administrative and auxiliary Telephone





846.62











846.62





11852.69







ordinance





846.62











846.62





11852.69






GROUP 3:






























Production (farms on land or floating cages):






























Plant Manager or Head (farmer-farmer)





1155.62





390.94





1546.56





21651.78






Acuicultor boat pattern





1013.66





127.86





1141.53





15981.37






Navy Diver 1st acuicultor





1010.66





127.86





1138.52





15939.32






acuicultor Diver 2nd





936.79





95.90





1032.68





14457.58






Aquafarmer Officer 1st





1010.66











1010.66





14149.24






Aquafarmer Officer 2nd





936.79











936.79





13115.02






Aquaculture specialist





888.84











888.84





12443.74






sailor





846.62











846.62





11852.69






Assistant aquafarmer





846.62











846.62





11852.69






GROUP 4:






























Services:






























Responsible packager sorter





1010.66











1010.66





14149.24






Packager sorter





846.62











846.62





11852.69






Guard, watchman, janitor, caretaker sea





846.62











846.62





11852.69






peon





846.62











846.62





11852.69






Cleaning staff





846.62











846.62





11852.69






GROUP 5:






























Maintenance:































Maintenance





1155.62





390.94





1546.56





21651.78






Machinist-driver





986.79





127.86





1114.66





15605.19






Official 1st maintenance





1010.66











1010.66





14149.24






Official 2nd maintenance





936.79











936.79





13115.02






Maintenance Assistant





846.62











846.62





11852.69






Warehouseman





846.62











846.62





11852.69






Redero





846.62











846.62





11852.69





(*) Payment of plus specialty will be paid only with their staff.




pluses






Allocation period




2015





2016





2017






Plus Variable production





Daily attendance





3.75





3.75





3.75






Plus urban transport and away





Daily attendance





3.75





4





4






Plus Availability





Monthly agreed





70





80





80






Plus nocturnality






Journal night shift




4





4.5





5




TABLE WAGE
2016
NATIONAL MARINE AQUACULTURE



Categories





salary

-


euros




Plus Spec.

-


euros




Total month

-


euros




Total year

-


euros





GROUP 1:






























Technical staff:






























Technical Director





1296.47





445.47





1741.94





24387.14







Department head




1283.99





424.25





1708.24





23915.43






Section chief





1172.95





396.80





1569.75





21976.56






Technical A





1025.82





129.78





1155.60





16178.40






Technician B (*)





950.84





50.75





1001.59






13953.17






GROUP 2:






























Administrative Staff:






























1st chief administrative





1172.95





396.80





1569.75





21976.56






Chief Administrative 2nd





1088.09











1088.09





15233.28






1 Administrative Officer





1025.82











1025.82





14361.48






Administrative Officer 2nd





950.84











950.84





13311.75






administrative and auxiliary Telephone





859.32











859.32





12030.48






ordinance





859.32











859.32





12030.48






GROUP 3:






























Production (farms on land or floating cages):






























Plant Manager or Head (farmer-farmer)





1172.95





396.80





1569.75





21976.56






Acuicultor boat pattern





1028.87





129.78





1158.65





16221.09






Navy Diver 1st acuicultor





1025.82





129.78





1155.60





16178.40






acuicultor Diver 2nd





950.84





97.34





1048.17





14674.45






Aquafarmer Officer 1st





1025.82











1025.82





14361.48






Aquafarmer Officer 2nd





950.84











950.84





13311.75






Aquaculture specialist





902.17











902.17





12630.40






sailor





859.32











859.32





12030.48






Assistant aquafarmer





859.32











859.32





12030.48






GROUP 4:






























Services:































Responsible packager sorter





1025.82











1025.82





14361.48






Packager sorter





859.32











859.32





12030.48






Guard, watchman, janitor, caretaker sea





859.32











859.32





12030.48






peon





859.32











859.32





12030.48






Cleaning staff





859.32











859.32





12030.48






GROUP 5:






























Maintenance:






























Maintenance





1172.95





394.85





1567.80





21949.19






Machinist-driver





1001.60





129.14





1130.74





15830.32






Official 1st maintenance





1025.82











1025.82





14361.48






Official 2nd maintenance





950.84











950.84





13311.75






Maintenance Assistant





859.32











859.32





12030.48






Warehouseman





859.32











859.32





12030.48






Redero





859.32











859.32





12030.48





(*) Payment of plus specialty will be paid only with their staff.




pluses






Allocation period




2015

-


euros




2016

-


euros




2017

-


euros





Plus Variable production





Daily attendance





3.75





3.75





3.75






Plus urban transport and away





Daily attendance





3.75





4.00





4.00






Plus Availability





Monthly agreed





70.00





80,00





80,00






Plus nocturnality






Journal night shift




4.00





4.50





5.00