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Resolution Of 3 August 2015, The Directorate General Of Employment, By Which Register And Publishes The Xviii General Collective Agreement Of The Chemical Industry.

Original Language Title: Resolución de 3 de agosto de 2015, de la Dirección General de Empleo, por la que se registra y publica el XVIII Convenio colectivo general de la industria química.

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TEXT

Having regard to the text of the 18th General Collective Convention of the Chemical Industry (Convention Code No. 99004235011981), which was signed dated 16 July 2015, by the Business Federation of the Chemical Industry Spain (FEIQUE) representing companies in the sector, and another by the trade unions FITAG-UGT and Industry of CC.OO. representing workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law of Staff Regulations, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and in Royal Decree 713/2010 of 28 May on the registration and deposit of collective labour agreements and

,

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.

XVIII GENERAL CONVENTION OF THE CHEMICAL INDUSTRY

CHAPTER I

Scope

Article 1. Functional scope and structure of collective bargaining in the sector.

1.1 Functional scope.

This Convention regulates working conditions between companies and workers in the subsectors of the chemical industry that are listed below:

-Aides, alkalis and salts; metalloids, silicon transformation, industrial gases; electrochemistry.

-Fertilizers.

-Pesticides.

-Petrochemistry and derivatives.

-Carbochemistry and derivatives.

-Rubber and derivatives: raw and processed materials.

-Organic and derived acids,

-alcohols and derivatives.

-Distillation of tarts; asphalts and waterproofing derivatives.

-Carbon water.

-Adhesives.

-Algae derivatives.

-Distillation of natural resins and derivatives.

-Plastics: raw and processed materials, including the transformation of composite materials (glass fibres and others).

-Explosive materials, gunpowder, matches and pyrotechnics.

-Curtients.

-Colorants.

-Pigments.

-Industrial and derived oils and fats.

-Pharmaceuticals.

-Animal health products.

-Paintings, inks, varnishes, and related.

-Ceras, paraffins and derivatives: raw and processed materials provided that, in the latter case, the main activity consists of a process of chemical nature.

-Sensitive photographic material and industrial development.

-Distributors of chemicals whose activity is not strictly commercial but derived from another principal of a chemical nature.

-Fritas, enamels and ceramic colors.

-Surfactant Raw Materials.

-Domestic detergents.

-Detergents for use in collectivities and industries.

-Conservation and cleaning products.

-Legies.

-Imitation (artificial) Perlas.

-Garrofin Goma.

Also, the scope of this Convention includes those companies and all their workplaces which, without being explicitly included in the previous relationship, have as their main activity the Chemical Industry with the business unit principle.

For these purposes, undertakings which meet the requirements set out in the preceding paragraph are subcontractors of chemical undertakings, and this Convention shall apply to them.

In all cases referred to in the preceding paragraphs, this Collective Agreement shall apply regardless of the country of origin of the companies.

Unless otherwise agreed, established once the succession has been consummated by agreement between the transferee and the workers ' representatives, this Convention will also apply to the companies and workers that result from the change in ownership of an enterprise or an autonomous productive unit of its scope, even if its activity is not included in those mentioned in this article, until the end of the validity of this General Convention or until the entry into (a) another Collective Convention which is applicable to the activity transmitted or outsourced.

Exceptionally, the companies that, belonging to some subsector not included in the previous relationship, are affiliated with this Convention, are affiliated to some territorial or sectorial organization affiliated to FEIQUE. In any case, companies engaged in oil refining activities shall be excluded.

This Convention shall not apply to undertakings and workers which, within their functional scope, are governed by an Enterprise Convention, without prejudice to the following.

1.2 Structure of collective bargaining in the sector.

This Collective Agreement has been negotiated under Article 83.2 of the Workers ' Statute and articulates collective bargaining in the Chemical Industry sector through the negotiating structure. next:

(a) National Collective Agreement of branch of activity: The current General Convention of the Chemical Industry in its XVIII edition that is of direct application to the companies that are within its functional scope, with whether or not they are affiliated with FEIQUE or any of its territorial or sub-sectoral associations, given its legal status as a Collective Convention of General Effectiveness and without prejudice to the provisions of paragraph 2) with respect to the autonomy of the Enterprise Conventions.

b) Collective or business collective agreements: if any.

c) Collective agreements for a group of companies or a plurality of related companies for organizational or productive reasons and nominally identified.

(d) Acts of application of the CGIQ: They apply in the company or, where appropriate, the working centre, the provisions of the General Collective Agreement, developing the provisions of the latter on the basis of the Additional Disposition Fourth, and occupy of the matters which are peculiar to the undertaking or the centre of employment, in any event being subject to the provisions laid down in Article 3 of the Staff Regulations in respect of the hierarchy of rules laid down in Article 3. These Pacts shall include, as part of their content, the parties to the agreement and their validity.

Based on the above, the following criteria are set:

1) In relation to the pacts of application of the General Convention of the Chemical Industry: In the light of the above, this Collective Agreement and the agreements of application maintain among them a relationship of subordination and dependence of The latter shall not be allowed to amend the non-available materials of the General Convention except as indicated in point (d) above.

2) Enterprise Conventions:

2.1 Collective or company collective agreements registered with the competent labour authority are self-employed in themselves, unless their signatories agree to the supply of this Collective Agreement or the referral of the certain matters to the provisions of this and in which case it shall be subject to what is agreed upon in those agreements.

However, the trade union and business representations express their willingness to make this Convention an effective reference for the establishment of industrial relations throughout the chemical industry. To this end, they will propose that the companies with their own Convention refer to this Collective Agreement in matters regulated here, as well as in quality of the right to supply. They will also stimulate the accession of these Enterprise Conventions through the agreements concluded in the framework of their respective areas, the representations of the workers and the employers.

2.2 The newly created companies within the functional scope of this Collective Agreement will be affected by it until the entry into force of which, if necessary, they could negotiate with the representatives of the workers. This principle is the exception of those undertakings which are believed to be based on the segregation of others in which a Collective Agreement is in force in the terms of paragraph 2.1 above and, in which case, the parties will be agreed to.

2.3 Companies, workplaces, groups of companies and a plurality of companies linked for organizational and productive reasons currently affected by this Collective Agreement, when the subjects agree To this end, they may be disassociated from the application of the same procedure by the following procedure:

(a) For the commencement of the negotiation both parties (company and representation of the workers) must agree to their conformity with the initiation of the same or, if necessary, to motivate their refusal.

(b) Prior to the commencement of the process of negotiation of the Collective Agreement itself, the management of the company and the representation of the workers shall inform the Joint Commission of the sole effects of their knowledge.

(c) This Collective Agreement shall apply during the negotiation period.

d) Once the negotiation process has been completed, the management of the company and the representation of the workers will inform the Joint Commission of the agreement reached. In the event that an agreement is not reached with respect to the content of the Collective Agreement itself, the application of this Collective Agreement shall be maintained.

(e) Without prejudice to the application priority laid down in Article 84.2 of the Workers ' Statute, the regulation laid down in this Collective Agreement shall serve as a minimum content on which it may be established. in lower areas in the following areas:

1. Minimum guaranteed wages.

2. Annual maximum day.

3. Professional Classification.

4. Disciplinary regime.

5. Environmental and occupational safety and health standards.

6. Mediation and arbitration systems for conflict resolution.

(f) On the other hand, this Collective Convention shall have the consideration of a supplementary right in respect of all matters not specifically governed by the Collective Agreement itself.

2.4 Common Provisions for Accession and Articulation Pacts, in relation to the Fourth Additional Disposition of this Collective Agreement.

It shall be forwarded to the decentralised Joint Committee corresponding to the scope of the undertaking copies of these Acts of Accession, as well as of the joint and implementing measures implementing the provisions of the Additional Disposition 4, the purpose of such joint bodies exercising the functions provided for in Chapter XV. In the event that the corresponding decentralised Joint Committee is not yet set up, they shall be forwarded to the Central Joint Committee.

Without prejudice to the legally recognized powers of the Committees of Enterprise and/or Personnel Delegates, the Acts of Accession, as well as the articulation and application referred to in the previous paragraph and which may subscribe, they will be negotiated preferably by the Directorates of the Companies with the Trade Union Sections, if any, of the trade unions that have signed this Convention, in application of the provisions of the art. 6.3.b) of the LOLS and 87.1 of the Workers ' Statute, in particular where they jointly hold the absolute majority of the representatives of the workers elected in the enterprise elections to unitary representative bodies.

3) In relation to the sectoral Conventions of a geographical or functional scope lower than the General:

The business joint in the Chemical Industry does not include agreements of a higher scope than the company and inferior to the General Convention of the branch of activity, but for the negotiating units that exist in this field, the General Convention shall be mandatory and mandatory in the following matters, without prejudice to the provisions of Article 84 and in conjunction with the aforementioned 83.2 of the Staff Regulations:

a) Guaranteed Minimum Wages.

b) Annual maximum day and distribution.

c) Test period.

d) Hiring modes.

e) Professional groups and professional classification regime.

f) Disciplinary regime.

g) Minimum standards for environment and safety and health at work.

h) Geographic mobility.

In the field of Guaranteed Minimum Wages, the provisions of Article 31 of this Convention shall apply in the sense that the whole of the remuneration concepts to be collected by the workers in question shall be taken into account Each undertaking in normal or normal activity in unmeasured work, with the only exceptions of seniority, the plus of turnness, nocturnity and job supplement.

Article 2. Territorial scope.

This Convention will be applicable throughout the Spanish territory.

Article 3. Personal scope.

The present working conditions will affect all staff employed in the companies included in the above areas, regardless of their country of origin and/or residence except those who are in charge of

of the Board of Directors of the Board of Directors of the Board of Directors of the Company.

All references of this Collective Agreement to the term "worker" shall be construed as being made indistinctly to the person, man or woman, except in those cases where the Collective Convention itself expressly limits the ownership of the right.

Article 4. Temporary scope and complaint.

This Convention shall enter into force on the basis of its publication in the "Official Gazette of the State" and, in any event, within 15 days of its signature. Its duration shall be until 31 December 2017.

The economic effects shall have the retroactivity which, for each year of validity, is derived from Articles 33, and Additional Provision Second to this Convention.

The complaint shall be made by any of the signatory parties by means of communication to the General Labour Directorate and the other signatory organisations within the last three months of the year of its term of office. extension.

The signatory parties undertake to initiate the negotiation of the new Convention once the complaint has been made, even if it has not exhausted its temporary validity. During the negotiations the validity of this Convention shall be maintained in accordance with the terms laid down in Article 86.3 of the Staff Regulations.

After 24 months from your complaint without a new one being agreed to replace it, this Convention will lose its validity in the terms laid down in the legislation in force.

Article 5. Binding to the entire.

The agreed conditions form a whole organic and indivisible and, for the purposes of their practical application, will be considered globally.

Article 6. Personal guarantees.

The working conditions that are higher than those laid down in this Convention, considered as a whole and in annual computation, shall be respected individually.

CHAPTER II

Organization of the job

Article 7. Powers of the Directorate of the Company and of the Workers ' Representatives.

The organization of work, as prescribed in this Convention and in the legislation in force, is the faculty and responsibility of the Enterprise Directorate, with the intervention of the workers ' representatives established in the labour law and in the Convention.

The purpose of the organization of work is to achieve an adequate level of productivity in the company based on the optimal use of human and material resources. This is possible with an active and responsible attitude of the members: Directorate and workers.

Without the right referred to in the first paragraph, the employees ' representatives will have the functions of guidance, proposal, issuance of reports, etc., in relation to the organization and rationalization of the work, in accordance with the legislation in force and in accordance with the provisions of this Convention and what is agreed upon in each undertaking and/or development work centre of the Convention.

In the framework of the organization of work, the employer must guarantee the safety and health of workers in all aspects related to the working conditions, starting with the integration of the preventive in the general management system of the company, in all its activities as well as in all the hierarchical levels of the company, through the implementation and implementation of a risk prevention plan.

Prior to the modification of the working conditions due to changes in the organization of the same, to the introduction of new technologies, or changes in the systems of yields, the risk assessment will be carried out that could generate the introduction of those changes.

Article 8. Content of the Organization.

The work organization will extend, among others, to the following issues:

1. The requirement for normal activity.

2. The award of the necessary elements (specific machines or tasks) so that the worker can achieve at least the activities referred to in the previous number.

3. The fixing of both the "waste indices" and the acceptable quality, throughout the manufacturing process in question.

4. The surveillance, attention and cleaning of the machinery entrusted, taking into account, in any case, in the determination of the amount of work and activity to normal performance.

5. The implementation, during the period of work organization, of modifications of methods, tariff, distribution of personnel, change of functions and technical variations of machines and material, especially when, with respect to these last, be to obtain and search for a comparative study.

6. The adaptation of the workloads, performance and tariffs to the new conditions that result from the change of a given operative method, manufacturing process, change of matter, machinery or any other the technical condition of the process concerned.

7. The fixing of clear and simple formulas for obtaining the calculations of remuneration that correspond to each and every worker affected, in a way and in a way that, whatever the professional group of the and the job they occupy, they can easily understand them.

8. Given that the characteristics of the organization and organization of work may influence the magnitude of the risks to which the worker is exposed, such characteristics must be taken into account in the framework of the instruments for the management and implementation of the risk prevention plan in particular in the assessment of occupational risks and in the planning of preventive activity.

9. The implementation by the IT company of information technologies for the control of the labour supply, such as biometric controls such as fingerprint, video surveillance, controls on the computer (remote monitoring, indexing of internet browsing, or the review or monitoring of electronic mail and/or the use of computers) or controls on the physical location of the worker by means of geolocation, shall be carried out in compliance with at all times the provisions of the Organic Law 15/1999, of 13 December, of Protection of Personal Data and Royal Decree 1720/2007 of 21 December, approving its Implementing Regulation or rules which in the future may replace the previous ones.

Such measures must be proportionate in order to verify the worker's compliance with his duties and duties. They must therefore respect their dignity and their right to the protection of data and their private life, taking into account, however, that the legitimation for the treatment derives from the existence of the employment relationship and therefore, according to the applicable rules, no worker's consent is required.

In any case, it must be fulfilled with the duties of prior information to the affected workers that are established in the legislation in force.

Likewise, when such measures are of a collective or plural nature, they must be informed in advance of their implementation to the representatives of the workers, indicating the purpose that is pursued.

Article 9. Procedure for the implementation of a new system of yields and/or modification of the existing one.

For the implementation of a new system of yields based on premium or incentives, fixing the normal and optimal activity and changing the working methods, we will proceed as follows:

1. The Company's management must inform in advance in writing of the new system that it intends to implement to the Committee of the Company or Delegate of Personnel and to the Trade Union Delegates, if any, or representatives of the Trade Union Sections company.

2. In the event that there is no agreement between the Directorate and the representatives of the employees, in relation to the implementation of a new system of organisation of work, either party may request the mediation of the Commission Mixed or, both parties by mutual agreement, with the provisos provided for in Article 99 (b), recourse to an arbitration of the same, in accordance with the provisions of Articles 99 and 100 of this Collective Convention and without any such procedures may exceed 15 days. To this end, all the provisions of Chapter XVI of the Convention shall apply.

3. In the absence of the agreement demanded or requested the external arbitration the implementation of the new system of returns or of work will be faculty and decision of the Management of the Company, independently of the judicial actions that the parties concerned, if they were to interpret the amendments as having injured their contractual rights. As soon as no agreement is reached in the mediation procedure, or the arbitral award or final judicial decision is made, the new system of returns ordered by the Directorate shall be applied, all in accordance with the deadlines laid down in the Article 41 of the Staff Regulations for the alleged substantial modification of working conditions.

4. The implementation of a new performance system shall, where appropriate, conduct the updating of the assessment of occupational risks.

Article 10. New Technologies.

When new technologies are introduced in a company that can be expected for workers to substantially change working conditions, or a period of training or technical adaptation not less than one month, they must be (a) communicate the same in advance to the employees ' representatives in sufficient time to be able to analyse and predict their consequences in relation to: employment, occupational health, training and organisation of work, these on the to be consulted. The workers concerned will also be provided with appropriate and accurate training for the development of their new role.

The introduction of new technologies will, if appropriate, conduct the updating of the assessment of occupational risks.

Article 10a. Telework.

The organizations that are signatories to this Collective Agreement consider teleworking as a means of organizing work in companies, provided that adequate safeguards are established.

A) Definition: It has consideration of teleworking the form of organization and/or execution of work that uses information technology in the context of a contract or work relationship that is performed in a manner preponderant in the worker's home or in the place freely chosen by him, in an alternative way to his or her in-person development in the company's work centre.

It will not be considered to be teleworking, if the nature of the main job activity is self-sufficient to justify the performance of the work normally outside the company's premises, the computer and communication used by the worker merely elements of aid and facilitation of such work.

B) Voluntary character: Teleworking is voluntary for both the worker and the company. Teleworking may be part of the initial job description or may be initiated at a later date, in both cases being documented by the "individual telework agreement".

If teleworking is not part of the initial description of the post, and if the employer presents an offer of teleworking, the worker can accept or reject the offer. If the worker expresses the desire to move to telework, the company can accept or reject this request.

As it only changes the way the work is done, the transition to teleworking itself does not change the working status of the teleworker. In this case, the refusal by the worker to provide his services on a teleworking basis is not in itself a reason for the termination of the employment relationship or for the modification of the conditions of employment of the worker.

If teleworking is not part of the initial description of the post, the decision to switch to telework will be reversible by individual or collective agreement. Reversibility involves a return to work at the premises of the employer at the request of the worker or employer. The modalities of such reversibility shall be established by individual or collective agreement.

(C) Right of Information: The company will provide teleworkers with information on the extremes of information collected in the R.D. 1659/1998 on information to the worker on the essential elements of the contract of employment, as well as the corresponding basic copy of the latter to workers ' representatives.

The company will provide teleworkers and workers ' representatives with information about the safety and health conditions in which telework should be provided.

The "individual telework agreement" will contain the extremes referred to in this paragraph as well as the conditions regarding the work equipment.

(D) Conditions of employment: Teleworkers shall have the same rights guaranteed in the law and in this Convention as regards the conditions of employment as comparable workers who work in the facilities of the company, other than those arising from the nature of the work carried out outside the latter.

The employer must establish the means necessary to ensure the effective access of these workers to vocational training for employment, in order to promote their professional promotion. In order to enable mobility and promotion, it should also inform workers at a distance from the existence of vacant jobs for their in-person development in their workplace.

Given the individual and voluntary nature of teleworking, undertaking and worker/s, the conditions of such work shall be fixed, except in the areas where collective agreement with the representatives may exist. of the workers, in which they will be agreed.

E) Security Conditions: The employer is responsible for the protection of the health and safety of the teleworker.

The employer will inform the teleworker of the company's policy on health and safety at work, in particular on the requirements regarding data screens. The teleworker will correctly apply these security policies to the job.

The development of teleworking at the worker's home will only be possible when such space is adequate to the requirements of safety and health at work.

The employer must take measures to prevent the isolation of the teleworker in relation to the other employees of the company.

In order to verify the correct application of the safety and health rules at work, the employer and the workers ' representatives may only have access to the address of the teleworker prior to notification and prior consent of the latter.

F) Collective rights. Teleworkers will have the same collective rights as the rest of the workers in the company and will be subject to the same conditions of participation and eligibility in the elections for the representative bodies of the workers. or to provide for a representation of workers. For these purposes, unless otherwise specified, such workers shall be assigned to the work centre of the undertaking closest to their home in which they may be functionally integrated. For these purposes, unless otherwise stated,

G) Work equipment: All issues related to work equipment, responsibility and costs will be clearly defined before teleworking is initiated.

The employer is in charge of facilitating, installing and maintaining the necessary equipment for regular teleworking, unless the teleworker is established to use his or her own equipment. In any event, if teleworking is carried out on a regular basis, the employer shall cover the costs directly incurred by this work, in particular those linked to communications, and shall provide the teleworker with an appropriate technical support service.

CHAPTER III

Employment Policy

First Section

Article 11. Revenue.

The income of workers will be in accordance with the general legal rules on recruitment, and specific ones included in the national employment promotion programmes in force at any time. They shall also be linked to the principles of career plans which may exist in enterprises.

The implementation of the provisions of the preferential right for the entry and selection and contracting process covered by this Article 11 must at all times respect the provisions of the Organic Law 15/1999, of 13 December, the Protection of Personal Data and Royal Decree 1720/2007 of 21 December, approving its Implementing Regulation or rules which in the future may replace the previous ones.

They shall have the right to enter, on equal merits, those who have performed or perform functions in the company as an interim, interim, or for any other contract for a given time, (a) partial, contract for training and apprenticeship, and contract in practice. They shall have the same right as those in possession of the official qualification or certificate of professionalism required for the job to be covered, as well as having previously carried out vocational training courses related to the job. In order to make effective the principle of positive action referred to in Article 18 of this Convention, exclusions, reservations and preferences must be established in the undertaking in the conditions of employment in such a way that, on equal terms suitability, preference to be hired for persons of the least represented sex in the group or function in question.

In each workplace or company, the Directorate, will communicate to the workers ' representatives:

(a) The position or jobs to be covered.

b) The conditions to be met by applicants.

c) The selection tests to perform.

d) The documentation to be provided by the applicants.

In any case, the criteria to be used in the selection procedures must be objective and neutral to avoid any type of direct or indirect unfavorable discrimination based on age, disability, gender, origin, including racial or ethnic, marital status, religion or belief, political opinion, sexual orientation, union membership, social status or language.

The representatives of the employees, who may issue a report on the subject after receiving the information indicated above, shall ensure that they are applied objectively and that there is no discrimination on the grounds of Previously exposed factors.

When there are vacancies in jobs that do not involve command or trust, the company's management, unless otherwise agreed with the workers ' representatives, will previously go to the recruitment of staff. external to the company, it shall inform by the usual means established in the Company, with the aim that any worker may choose the process of selection of the position to be covered.

Article 12. Test period.

The income of the workers shall be considered as a test, the period of which shall be variable according to the nature of the posts to be covered and which shall in no case exceed the time fixed at the following scale:

-Professional groups 8 and 7, six months.

-Professional groups 6 and 5, four months.

-Professional groups 4 and 3, three months.

-Professional group 2, two months.

-Professional group 1, one month.

In any case, it shall not be more than 1 month for contracts in practice concluded with workers who are in possession of a medium degree or two months for contracts in practice concluded with workers who are are in possession of a higher degree. If at the end of the traineeship the worker continues in the undertaking, no new probationary period may be concluded.

Only the worker is understood to be subject to the probationary period if it is written in this way. During the trial period, the company and the worker may freely resolve the contract without notice and without the right to compensation. The right of withdrawal cannot be exercised if it causes the injury of a fundamental right.

A new test period cannot be held when the worker has performed the same functions previously in the company, under any form of hiring.

When the worker who finds himself performing the probationary period does not exceed it, the Company's Management will be obliged to communicate it to the workers ' representatives.

After the trial period, workers will enter the template, with all the rights inherent in their contract and the Collective Agreement. The situation of temporary incapacity, maternity and adoption or reception will interrupt the computation of this period, which will resume from the date of effective incorporation into the work.

The training courses given by the companies will be considered for all purposes as the time of the trial period.

Section 2

Article 13. Recruitment.

The employment contract may be concluded for an indefinite period or for a specified duration in accordance with the applicable labour law at any time.

Labor relations will be, as a matter of priority, indefinite.

The various procurement modalities must be effectively matched to the legal or conventionally established purpose. Otherwise, such contracts in law fraud will become considered as undefined for all purposes.

Regardless of the type of procurement used, the participation of all workers in the company's training processes will be taken into account.

The individual clauses of employment contracts which, at the expense of the worker, are less favourable or contrary to the necessary provisions of law laid down in the legislation in force or in force, shall be null and void. in this Collective Agreement.

Non-compete agreements and confidentiality clauses that can be established in the contract of employment should always be justified in an effective industrial or commercial interest of the company.

13.1 -Fixed duration contracts.

These contracts will be governed by the provisions of this Collective Agreement, in Articles 15, 8.2, 49.1 c and concordant of the Royal Decree of Law 1/1995 of 24 March, approving the recast text of the Law of the Staff Regulations of Workers and of the RD 2720/1998 of 18 December 1998 in respect of fixed-term contracts.

13.1.1 Eventual contract due to market circumstances, accumulation of tasks or excess orders.

Contracts of duration determined by market circumstances, accumulation of tasks or excess orders may have a maximum duration of 12 months in a period of 18 counted from the time they occur. such causes.

In application of the art. 15.7 of the Workers ' Statute the company must inform workers on fixed-term contracts, including training contracts, on the existence of vacant posts in order to ensure the same conditions of employment. opportunities to access permanent posts than other workers.

13.1.2 Interinage Contracts.

In the case of contracts of interinity, where the duration of the contract is more than two years, except in the case of a special leave of absence for public office, the worker, to his or her retirement, shall receive compensation from twenty days per year or fraction.

In these contracts, the worker/s, jobs and circumstances that are the subject of interinage shall be expressly stated.

13.1.3. Work or Service contracts.

In order to enhance the use by the Chemicals Industry of the procurement procedures provided for by the Law, it is agreed to create a specific contract of work or service, as provided for in article 15.1 of the Workers ' Statute, reaffirming the causal nature of these contracts.

Such contracts may cover all those tasks or works sufficiently differentiated by the additional volume of work they represent, which are limited in time and which can be expected to last, be direct or collateral related to the production process of the company. Prior to the use of this contractual modality, the company shall give the representatives of the workers of the cause of the contract as well as the working conditions of the contract, specifying the number of workers affected, professional groups to be assigned and expected duration. This inclusion in this Convention may in no case be construed as a limitation to the contractual modality provided for in Article 15.1 (a) of the Staff Regulations.

Functional mobility for contract workers under this contractual modality will be limited to the activities derived from the work and service that serves as a cause for recruitment.

A particular work and service contract that is signed for a duration exceeding four years shall be converted into contracts of indefinite duration. The provisions of this paragraph shall affect the contracts for works and services concluded after 16.07.2015 (date of signature of this Collective Agreement).

The activities which, by the definition laid down in Article 13.5 of the present Collective Agreement, should be understood as such, shall not be eligible for inclusion in this contractual mode of work and service. within that of discontinuous fixed.

The conversion to an indefinite contract shall be deemed to be the contract for the promotion of indefinite procurement as laid down in the legislation in force.

13.1.4 Contract for training and learning.

The contracts for training and learning formalised in accordance with the law in force, and the General Convention of the Chemical Industry, will be primarily aimed at the acquisition of the qualification or professional competence in the work of Groups 3 and 4 of those workers who are not in possession of the necessary theoretical and/or practical training, and exceptionally, in those positions of Group 2 which by their very nature require certain knowledge and experience. The work activity must be related to the actual content of this contract.

These workers will not be able to perform overtime, except in the case provided for in Article 35.3 of the Workers ' Statute. They will also not be able to do night work or shift work.

The guaranteed remuneration of workers engaged in training and apprenticeship shall be 80, 90 and 95 per 100 of the SMG of the Professional Group provided for in the Collective Agreement and in which the activity is carried out, during, respectively, the first, second, and third year of the contract.

The time spent on theoretical training for each training and learning contract that is signed will never be less than 25 percent during the first year and 15 percent during the second and third year of the contract, the training being provided outside the workplace.

The persons hired in this modality will be assigned to them by the company other than, being directly related to the activity for which the contract has been carried out, will exercise the tasks of mentoring. The company will inform the employees ' representatives about the designated tutors in each contract for training and learning.

13.1.5 Practices work contracts.

They shall be construed as referring to this contractual mode, those intended to be concluded with those in possession of a university degree or of middle or higher education or formal qualifications recognised as equivalent, or certificate of professionalism, all in the manner provided for in Article 11.1 of the Staff Regulations.

The activities for which contracts are established will be those included in the Convention's Professional Groups 3, 4, 5, 6 and 7.

The guaranteed remuneration of contract workers will be 65 or 80 per 100 of the SMG of the professional group in which they perform their employment relationship, respectively, during the first and second years of the duration of the contract.

13.1.6 Common system of fixed-term contracts.

Workers hired for a given time will have the same rights and equal treatment in employment relationships as other employees of the workforce, except for the constraints arising from nature and duration of his contract.

They will acquire the condition of fixed, whatever the modality of their hiring, those that would not have been discharged in the Social Security, after a period of time equal to the one that could have been fixed for the proof period, unless the nature of the activities or the services contracted is clearly shown to be the temporary duration of the activities or services.

Contracts of a fixed duration which have an established maximum duration of a period of less than the maximum legally established duration shall be construed tacitly, up to the relevant duration maximum, where no complaint or extension is expressed prior to its expiry and the worker continues to provide services.

Contracts for training and learning may be extended by agreement of the parties, up to twice, without the duration of each extension being less than six months and without the total duration of the contract may exceed the maximum duration provided for in the legislation in force.

Expired maximum duration or the express extension of the contract, executed the work or service, or produced the cause of extinction of the contract of interinity, if there is no express denunciation and the worker will continue providing its services, the contract shall be deemed to be tacitly extended for an indefinite period, unless it proves otherwise that the temporary nature of the service is provided.

Whenever the contract lasts for more than one year, the party making the complaint is obliged to notify the other of the termination of the contract at least 15 days in advance, except in the contract of interinity. which will be agreed upon.

Non-compliance by the company with the deadline referred to in the preceding paragraph shall result in compensation equivalent to the salary corresponding to the days in which that period has been breached.

13.2 Part-Time Contracts.

The contract of employment shall be deemed to be part time when the provision of services has been agreed for a number of hours per day, week, month or year, less than the working day of a worker. comparable full time. It shall be deemed to be held for an indefinite period when it is designed to carry out fixed and periodic works within the normal volume of the business of the undertaking.

The part-time contract must necessarily be completed in writing, with the ordinary number of working hours per day, per week, month or year, as well as its daily or weekly or monthly distribution or annual, unless the distribution of working time for workers on a part-time contract is agreed in the undertaking with the employees ' representatives.

Part-time contract workers will have the same rights and equal treatment in employment relationships as other workers, except for the limitations arising from the nature of their contract. Part-time contract workers will enjoy the supply of dining, transport, etc., in the same way as the rest of the staff, being able to be compensated in cash if this is agreed.

By agreement between the company and the employees ' representatives, the number of additional hours provided for this contractual mode may be extended to 50% of the ordinary hours covered by the contract. In any case, the sum of the ordinary hours and the additional hours must be lower than the maximum day for the company.

Part-time contract workers will be eligible to move on to their full-time business as long as the organisation of the work and the production of the company so permits, and will have a preference to cover Full-time vacancies. In addition, full-time workers will be able to choose to develop their part-time activity, provided that this is compatible with the production organisation.

13.3. Relief contracts.

In those companies where the circumstances permitting the contract of relief occur, it may be necessary to carry out the contract whenever there is mutual agreement between the company and the worker.

Company agreements in which specific commitments have been made on this subject will be respected in their entirety.

The contract of relief shall be governed by its formalities and requirements, as provided for in the legislation in force.

However, by mutual agreement between a company and a retired worker, the accumulation of the latter's working time may be agreed upon at a certain time of year.

In accordance with Article 12.7 (d) of the Workers ' Statute, the post of the relievist may be the same as the worker who has been replaced. In any event, there shall be a correspondence between the bases of quotation of the two, as provided for in Article 166.2 (e) of the General Law on Social Security.

13.4 Fijo-discontinuous Contract.

The contract for indefinite fixed fixed time is the agreement for the performance of works that are of a discontinuous fixed character and are not repeated on certain dates, within the normal volume of activity of the company. The discontinuous fixed contract is distinguished from the eventual one because its services are reiterated in the time and they result in consumption to the productive process of the company and without whose contest it would not be possible to carry out the activity of the same one.

In cases where such discontinuous work is repeated on certain dates, the regulation of the part-time contract concluded for an indefinite period shall apply to them.

When the contractual mode of discontinuous fixed is used, it will be established in each company, prior to the information-consultation of the workers ' representatives, the order and form of call with objective and non-discriminatory criteria. The call to the worker, as well as the notification to the workers 'representatives, shall be made at least seven days' notice.

In the written contract to be formalised, an indication of the estimated duration of the work activity, the form and order of appeal and the estimated working time and its hourly distribution shall be indicated.

The company's management will inform the fixed workers-discontinuous about the vacancies regarding contracts of indefinite duration of an ordinary character that arise in the company. Such workers shall have the right to take up vacancies which are to be covered by indefinite full-time contracts.

13.5 Recruitment of Physical, Psychic And/Or Sensory Disabilities.

In order to ensure the right to the work of persons with disabilities in conditions that ensure the application of the principles of equal treatment and non-discrimination, the following measures are agreed:

1. Companies will integrate staff with disabilities who have their origin in a professional illness, accident at work or physical, mental or sensory wear, as a result of their professional activity in the company, directing them to work appropriate to their conditions.

2. To be placed in this situation, preference will be given to workers who receive benefits or pensions lower than the current minimum interprofessional wage.

3. The order for the benefit set out in this article will be determined by seniority in the company or, in the case of equality, by the highest number of children under age or unfit for work.

4. The remuneration to be paid by this staff shall be that corresponding to your new job.

5. In addition and in a manner compatible with the current legal provisions, the companies will be obliged to provide the appropriate places that can be covered by those workers who are unable to continue to carry out their trade with the normal performance, in the terms, conditions and alternatives provided for in Law 13/1982 of 7 April. In the event of the use of such alternatives, the companies shall inform the employees ' representatives of the alternatives and their cost, upon request of the latter.

6. Undertakings shall endeavour to take appropriate measures for the adaptation of jobs and accessibility within the undertaking, taking into account, however, the particular characteristics of such posts and the facilities themselves. existing.

7. Undertakings may temporarily contract for the performance of their activities, irrespective of the nature of the activities, to unemployed workers registered in the Employment Office with a degree of disability equal to or more than 33% or pensioners of social security who are entitled to a permanent disability pension to a degree of total, absolute or great invalidity and to pensioners of passive classes who are entitled to a retirement or retirement pension for permanent incapacity for service or futility. At the end of the contract, the worker shall be entitled to the compensation provided for in the legislation in force.

The duration of these contracts may not be less than 12 months or more than three years. Where they are designed for a period of less than the maximum period, they may be extended before their termination for periods of less than 12 months.

13.6 Succession of temporary contracts.

Workers who, within a period of 30 months, would have been engaged for more than 24 months, with or without a continuity solution, for the same or different job with the same company or group of companies, by means of two or more temporary contracts, either directly or through their making available by temporary employment undertakings, with the same or different contractual arrangements of a given duration, shall acquire the status of workers fixed.

In the case that the chain of contracts with the same or analogous cause and/or to perform the same productive activity is of eventual contracts due to market circumstances, accumulation of tasks or excess of orders, such time limits may not exceed 12 months in a period of 18 months.

The same rule shall apply in cases where the same job is covered by the chaining of two or more temporary contracts, including the contracts for making available to work undertakings temporary. In this case, the contract of the worker will be transformed into an indefinite period, which, when the time limits indicated above are exceeded, will occupy the job in question. The provisions of this paragraph shall apply to the contract which shall be in force on the date of entry into force of this Convention.

The provisions of this Article shall not apply to the use of training, relief and interinity contracts.

13.7 Training Collaboration Conventions.

When companies agree on training collaboration agreements for the development of the "traineeship module" (regulated vocational training) or any other type of non-working practice with universities or with any other institution shall give knowledge of such collaboration agreements to the representatives of the employees.

13.8 Overtime.

The company and the workers ' representatives will jointly analyze the number of overtime worked for the purpose of making fixed employment the repeated in conditions of homogeneity over the last three years, excluding those of force majeure which do not take into account these effects and having such regard, inter alia, as those required by the need to prevent or repair claims or other analogues whose non-performance is obvious and serious damages to the company itself or to third parties, as well as risk of loss of raw materials.

13.9 Stability Index:

Likewise, in order to promote the indefinite use of all the above, those workplaces which at 31 December 2014 and, subsequently, at 31 December of each year of the Convention, by means of the an analysis established in Article 15 of this Standard, which shows in the production area, including the maintenance, services and research sections, according to weighted average of the 12 months prior to these last dates, an index of In their templates of 80% or more, they will benefit, during the following 12 months to the finding of that index, by the additional elements of flexibility in the organisation of work referred to in points (a) and (b) of this Article.

For the purpose of calculating the above percentage, workers in temporary work enterprises who provide or have provided services in the area of production during the period shall be taken into account and computed as temporary workers. 12 months prior.

They will not compute interinity contracts for the purposes of calculating the index.

In the event that the work centre in question reaches or exceeds the percentage of fjesza indicated above, the management of the undertaking must inform the employees ' representatives in writing as to their intention to use of the flexibility measures to be implemented at a later date, as well as the delivery of the documentation which, in compliance with the existing legislation on the protection of personal data, provides evidence of the right of the index to be used reached.

a) Increase in the number of flexible hours collected in Article 42.3, by a percentage on the said bag according to the following scale.

Fijean Index greater than 80%: 30% increase in the Article 42.3 hours stock exchange.

Top 5% Fijean Index: 40% Increase in Article 42.3 Hours Stock Exchange.

Fjeza Index of more than 90%: 50% increase in the hours of the Stock Exchange of Article 42.3.

The compensation of the flexible hours made pursuant to this paragraph (a), that is, in excess of the 100 hours provided for in Article 42.3 of this Convention, shall be at the rate of 1.5 hours of compulsory rest by Each flexible time taken.

b) The company's ability to modify individual quadrants outside the circumstance of relief absences and out of the business calendar that rija in the company, provided that such modification is notified to the company workers, as well as their legal representatives, at least 5 days in advance and the number of amendments does not exceed:

Fijean Index greater than 80%: 1 day to quarter.

Fjeza Index greater than 85%: 2 days per quarter.

Fijean index greater than 90%: 3 days per quarter.

In workplaces where the requirements set out above are met, this last measure of flexibility of the possibility of modification of the individual quadrants will be applied with preference to others mechanisms set out in this Collective Agreement.

The compensation of the flexible hours made on the basis of this paragraph (b), i.e. those made outside the individual quadrants, shall be at the rate of 1,5 hours of rest for each flexible hour.

The compensatory rest periods which may correspond to the performance of all the flexible hours referred to in this Article shall become part of the individual available time-exchange regulated in the Article 45a and shall be given in the form and time limits provided for.

The flexibility measures here agreed will not apply to workers who have limited their presence in the workplace for reasons of safety and health or disability or are in any of the situations referred to in Article 50 of this Convention (breastfeeding and reduction of day by legal guardian or direct care of family members).

The flexibility measures proposed here will not be eligible for those companies that, in the 12 months taken as a benchmark for measuring their fjiza indices, have increased in the area of production, including the maintenance, services and research, the subcontracting of activities with the aim of achieving the above mentioned fijesc indices.

Article 14. Pluriemployment.

The signatories to this Convention consider it appropriate to eradicate pluriemployment as a general rule.

in the light of the above, and in order to contribute to the objective of controlling pluriemployment, the exact fulfilment of the requirement to make known for examination to workers ' representatives, the newsletters to the labour market, is considered essential. Social security, and documents relating to termination of the employment relationship, as provided for in Article 64.1.5 of the Staff Regulations.

In this sense, companies will not be able to take jobs to multiple employees who are engaged in full-time employment in another company. If they may do so, however, where such recruitment is carried out on part-time working days, provided that they do not exceed the ordinary working day as a whole.

Section Three

Article 15. Template.

15.1 Evolution of the template.

In the last quarter of each year companies and workers ' representatives will analyze the evolution of the workforce during the year, as well as the activities and productions developed, its distribution throughout the year and the various forms of procurement and subcontracting used in each of them, together with the extraordinary hours made.

On the basis of this, the companies will set the forecasts and targets for the following year in relation to the production and sales objectives, their expected evolution over the course of the year, the market situation, the investments to be made, technological innovations, training and promotion plans, possible projects for the rejuvenation of templates, etc. Such forecasts and objectives shall be submitted in writing to the representatives of the employees, who shall make their views known.

The balance sheets and forecasts and their relationship with the company's activities, which means defining the template at the beginning of the year and its expected evolution along the same lines, will be broken down by the workers. functional organic divisions and professional groups, with an indication of the corresponding contractual arrangements.

Quarterly will examine the evolution of the forecast forecasts, as well as the projects for the next trimester, detailing the new contracts to be made, the modalities of hiring to use, as well as the assumptions subcontracting.

The company, upon request of the workers ' representatives, will submit to these the complete list of the existing staff at 31 December with an indication for each worker of the Professional Group, organic division, department, job or function, day regime, contractual mode and contract termination date in the event of not being indefinite.

Without prejudice to the promotion of existing personnel by way of promotion, companies will be able to write down the vacancies that occur. The representatives of the employees shall be informed, in advance of the cancellation of the vacancies, if any, for the appropriate purposes.

15.2 Crisis situations.

The companies affected by this Collective Agreement will give priority in the process of readjustment of the template to the internal and external mobility processes (moving/displacements), as well as to assume the organizational changes and flexibility, in particular those covered by Articles 13.9, 42 and 45 as regards the use of the flexible hours bag, which will enable the existing resources to be used properly. In any case, the options identified will be the subject of negotiation with the legal representatives of the workers.

Companies assume the commitment to use the employment regulation files as the last ratio and not without having exhausted the internal procedures and means of reconciliation and mediation in line with the above mentioned in the paragraph previous.

In this regard and prior to the formal presentation of the procedures of Article 51 of the Workers ' Statute, the representatives of the workers in the company will be articulated, systems of information to the object to avoid as far as possible the use of such procedures. All this, without prejudice to the final presentation of the same by the company's management.

This information shall be provided in advance sufficient and necessary to enable the study and, where appropriate, the issuance of the report by the workers ' representatives.

In any case, the possible issuance of the report by the workers ' representatives may not be a delay in the application of the legal measures by the company.

In drawing up plans for the crisis situations referred to in Article 51 of the Workers ' Statute (extinction of contracts for economic, technical, organizational or production causes), companies assume the need to establish, in order to deal with such issues, a plan in which to make the own and market data that justify the proposed measures, to make an appropriate diagnosis and to propose alternatives to the the situation raised in such a way that the extinction of contracts will always be constituted in the last of them. To these effects the Directorates of the companies will have to consult previously with the representatives of the workers, according to the Law, the contents of the plan with the encouragement and will to obtain the possible agreement in relation to the solutions more effective to the problems raised.

Article 16. Outsourcing of activities.

companies in the chemical sector will take particular care of the social responsibility of service companies, by checking, among other things, not only that they are aware of their social contributions and that they fulfil all the rights and obligations of the employment relationship (among others in terms of wages, safety and health at work, etc.), but also the membership of a large number of fixed workers.

The hiring and subcontracting of activities and/or services shall be performed in accordance with the provisions of Article 42 of the Workers ' Statute.

It will not be possible to contract or subcontract activities where the object of the service contracts between the companies is limited to a mere making available to the employees of the company a transferee, or where the transferor is without an activity or organisation of its own and stable, or does not have the means necessary for the development of its business, or does not carry out the functions inherent in his/her employer's condition.

Article 17. Temporary Work Companies.

The contracts for making available with Temporary Work Companies will serve to cover occasional activities in accordance with the provisions of Law 14/1994 of 1 July and regulatory development regulations, as well as the as in the present Collective Agreement.

No provision may be made for making available contracts to replace striking workers in the user undertaking or where, in the 12 months immediately preceding the contract, the principal undertaking has amortised the (b) the employment of workers who are intended to be covered by unfair dismissal or for the reasons set out in Articles 50, 51 and 52 (c) of the Staff Regulations, except in cases of force majeure. If, at the end of the period of making available, the worker continues to provide services in the user undertaking, he or she would be considered to be bound by an indefinite contract.

Chemical companies will ensure that Temporary Work Enterprises ensure that the workers made available have the required training for the job performance, including in the classification professional or the one who usually requests the company for similar positions. In any event it shall be compulsory to provide evidence by the temporary work undertaking of the training in safety and occupational health received by the worker made available.

Companies will make known to the employees ' representatives the contracts for making available and the employment contracts of the workers concerned within the maximum period of ten days, so that they can carry out the functions of protection of the working conditions, training and occupational health of the workers of the ETT, understanding for protection the right to present through representatives of the workers of the user company claims in relation with the conditions for the execution of the work activity.

Article 18. Positive action.

In order to contribute effectively to the application of the principle of non-discrimination and to its development under the concepts of equal conditions in work of equal value, it is necessary to develop a positive action in particular in the conditions for recruitment, pay, training, promotion and working conditions in general, so that, on an equal basis, the persons of the least-represented gender in the professional group who are treat.

In the field of pay, Article 28 of the ET, which lays down the conditions of the principle of equal pay on grounds of sex and points out that it refers to both direct and indirect pay, is reproduced as follows: as extrasalarial.

Article 19. Promotions.

The right to professional promotion through promotions should always be implemented in accordance with the training plans and promotion regulations that may exist or have been agreed in the companies with the representatives of the employees, and shall be subject to the following procedure:

1. The promotion of workers to tasks or jobs involving command or trust, such as those carried out by the Counter-Stress, Capataces, Delegates \ as, Head of Organization, Head of Data Processing, Head of Operation, Head of Administration, Head of Sales, Head of the areas of Occupational Risk Prevention or Environment, Advertising and/or Marketing, Inspection, etc., will be free to be appointed by the company.

2. For the promotion of the rest of the workers, the companies will establish a competition based on a system of objective and neutral character, taking as reference the following circumstances: adequate certification, academic assessment, knowledge of the job, professional history, having performed the role of a higher professional group and successfully overcoming the evidence to be established, as well as the possible relationship of the promotion with the training plan.

To make cash the principle of positive action referred to in Article 18 of this Convention, exclusions, reservations and preferences may be established in the company in terms of promotion so that, on equal merits, have the right to be promoted to persons of the least represented sex in the group or function concerned. In any event, the criteria to be used in the promotion procedures must be objective and neutral in order to avoid any direct or indirect adverse discrimination on grounds of age, disability, gender, origin, including racial or ethnic, marital status, religion or belief, political opinion, sexual orientation, union membership, social status or language.

The system of valuation made by the Directorate will be preceptively ruled by the workers ' representatives. In the event that there was a disagreement to estimate the workers ' representatives that the system lacks objectivity or neutrality, in a joint meeting, both sides will try to negotiate a agreed solution. In the event of a disagreement, the Joint Committee's mediation or arbitration shall be brought to the attention of the Joint Committee in accordance with Article 98 of this Collective Agreement, without prejudice to the subsequent resolution by the Joint Committee. the administrative or judicial route.

For the purpose of ensuring the participation of workers ' representatives in the procedures through which promotions are produced, they will appoint two representatives who will participate in the -opposition, with voice and no vote. They shall also record in the minutes, lifted to the effect, their caveats.

In the application of this article the equal right of all workers to the promotion shall be respected, without any discrimination on grounds of age, sex, race or country of provenance, or any other condition or personal or social circumstances.

The implementation of the provisions of this Article shall at all times respect the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data and Royal Decree 1720/2007, of December 21, by which its Implementing Regulation is approved.

3. The representatives of the employees shall be notified of promotions up to and including Group 7.

Article 20. Volunteers cease.

Workers who wish to cease voluntarily in the service of the company will be obliged to put it to the company's knowledge, complying with the following periods of notice:

-Professional groups 7, 8, and 0, two months.

-Professional groups 5 and 6 one month.

-Professional groups 1.2, 3, and 4-15 days.

The failure of the workers to comply with the obligation to pre-notify them in advance shall entitle the undertaking to deduct from the liquidation of the same the amount of the salary of one day for each day of delay in the warning.

The company will be obliged to liquidate at the end of the term the fixed concepts that can be calculated at such a time. Failure to comply with this obligation attributable to the undertaking shall entail the right of the worker to be compensated with the amount of one day for each day of delay in the settlement, with the limit of days of notice. There will be no such obligation and, therefore, this right is not born if the worker did not notice in advance.

In the event that the voluntary cessation occurs in fixed-term contracts of longer than one year, the regulation and effects laid down in Article 13.2.6 of this Convention shall be subject to the rules and effects.

CHAPTER IV

Professional classification. Functional and geographical mobility, substantial modification of working conditions

First Section

Article 21. Functional classification.

The workers affected by this Convention, in the interest of the functions they perform and in accordance with the definitions specified in the following Article, shall be compulsorily classified in groups professionals.

In accordance with the provisions of Article 22.4 of the Workers ' Statute when the functional polyvalence or the performance of the functions of more than one professional group is agreed, the equalisation shall be carried out in virtue of the functions that are performed for the longest time.

This does not detract from the provisions of Article 22, Professional Group 4 (c) of the sub-sector of the pharmaceutical, animal and plant health industries, with regard to production workers with the level of polyvalent indicated there.

Likewise, those workers who have been specifically hired to fill the road (transport and palletizing tasks with mechanical elements) must be classified in the Professional Group 3 with independence of the time of use of such mechanical elements.

In any event, when work is carried out on a higher Professional Group, the remuneration for the higher Professional Group shall be collected in accordance with Article 26 of this Convention.

This professional structure aims to obtain a more reasonable productive structure, all without merit of the dignity, opportunity of promotion and just retribution that corresponds to every worker. The present positions and tasks shall be in accordance with the groups established by this Convention.

Article 22. Definition of professional groups.

This article defines the professional groups that group the various tasks and functions that are performed in the Chemical Industry, within the functional organic divisions in which it is broken down.

Such functional organic divisions are:

a) Production.

b) Maintenance.

c) Services.

d) Research and laboratories.

e) Administration and computing.

f) Commercial.

Defining the factors that influence the determination of membership of a particular professional group.

I. Knowledge: Factor for whose elaboration is taken into account, in addition to the basic training necessary to be able to correctly fulfill the task, the degree of knowledge and experience acquired, as well as the difficulty in the acquisition of such knowledge or experiences.

This factor can be divided into two subfacets:

(a) Training: This subfactor considers the minimum initial orientation level of theoretical knowledge that a person must possess in order to successfully perform the duties of the job after a period of practical training. This factor should also consider the requirements of specialized knowledge, professional certifications, languages, computer science, etc.

b) Experience: This subfactor determines the length of time required for a person, possessing the training specified above, to acquire the necessary skill and practice to perform the job, obtaining a sufficient performance in quantity and quality.

II. Initiative/Autonomy: Factor in which the greater or lesser dependence on guidelines or norms is taken into account and the greater or lesser subordination in the performance of the function that is developed. This factor includes both the need to detect problems and to improvise solutions to them.

Must be considered:

(a) Reference framework: assessment of the limitations that may exist in the post in respect of: access to persons with superior responsibility in the company's establishment plan, the existence of written or manual rules procedure.

b) Making the decision: Understanding as such the responsibility of the position of determining the possible solutions and choosing the one that is considered most appropriate.

III. Complexity: Factor whose assessment is based on the largest or smaller number, as well as the greater or lesser degree of integration of the remaining factors listed in the task or given.

a) Difficulty in work: This subfactor considers the complexity of the task to be developed and the frequency of possible incidences.

b) Special Skills: This subfactor determines the skills that are required for certain jobs, such as physical effort, manual, eye and motor skills and coordination, etc., and their frequency during the day work.

c) Working Environment: This sub-factor appreciates the circumstances under which the work is to be done, and the extent to which these conditions do the unpleasant work.

The circumstances regarding the mode of work (night, shift, etc.) will not be included in this sub-factor.

IV. Responsibility: Factor in which the degree of autonomy of action of the holder of the function and the degree of influence on the results and importance of the consequences of the management are taken into account.

This factor comprises the subfactors:

a) Responsibility for management and results: This sub-factor considers the responsibility assumed by the occupant of the post on the errors that may occur. Not only the direct consequences are valued, but also their possible impact on the company's progress. In this sense, it is important not to take extreme values, but rather a logical and normal average.

To assess correctly, it is necessary to consider the extent to which the job is monitored or subsequently checked.

b) Interrelation capacity: This sub-factor appreciates the responsibility assumed by the occupant of the post on official contacts with other persons, inside and outside the company. It is considered the personality and skill required to achieve the desired results, and the form and frequency of the contacts.

V. Command: It is the set of tasks of planning, organization, control and direction of the activities of others, assigned by the Management of the Company, that require the necessary knowledge to understand, to motivate and to develop which are hierarchically dependent on the post. To be assessed, account should be taken of:

a) Task ordering capability.

b) Features of the work team.

(c) Number of persons on whom the command is exercised.

Professional Group 0. General criteria.

Workers belonging to this group plan, organize, direct, coordinate, and control the activities of the company's development.

Their roles are aimed at the establishment of policies aimed at the effective utilization of human and material resources, assuming responsibility for achieving the planned objectives, making decisions (or involved in their preparation) which affect key aspects of the business of the company, and play managerial positions in divisions, departments, factories, plants, or any other similar field.

Professional Group 1. General criteria.

Operations that are executed according to specific instructions, clearly established, with a high degree of dependency, that require preferably effort or attention and that do not need specific training, with the possible use of basic peripheral elements of information systems, such as readers or scanners, and provided that the worker has been trained for use.

Training: Knowledge at the level of compulsory primary or secondary education or Certificate of Professionalism equivalent.

Examples: This professional group includes all those activities that, by analogy, are comparable to the following:

Manual activities in conditioning and/or packaging.

Elementary operations of simple machines, such as those that do not require specific training and knowledge.

Manual loading and unloading operations or with the help of simple mechanical elements.

Cleaning operations, even using machinery for that purpose.

Tasks that consist of recesses, assignments, manual transport, carrying, or collecting correspondence.

Etc.

For the Plastic subsector:

a) Injection/thermoforming (vacuum)/Blown Extrusion:

Hopper loading and cleaning jobs.

Packaging and part count jobs.

b) Calandrates:

Cleaning and auxiliary jobs.

c) Extrusion:

Cleaning jobs.

Load of hoppers.

d) Other jobs:

Cleaning and auxiliary jobs.

For the Rubber subsector:

Pickup of guillotine irons.

Cleaning and auxiliary jobs.

Professional Group 2. General Criteria.

Functions consisting of operations carried out following a precise and concrete working method, with a high degree of supervision, which normally require professional knowledge of an elementary nature, with the possible use of peripheral elements of information systems provided that the worker has been trained for use.

Training: The basic training required is that of having passed the compulsory secondary education or the equivalent certificate of professionalism.

Examples: This professional group includes all those activities that, by analogy, are comparable to the following:

Auxiliary, elementary, or help activities in the processing of products.

Operating activities in conditioning and/or packaging with regulation and tuning in elementary processes.

Auxiliary tasks in kitchen and dining room.

Masonry, carpentry, electricity, mechanical, painting, etc., of workers who start in practice.

Elementary laboratory activities that consist of the correct preparation of analysis material and the samples to be analyzed; cleaning and washing of analytical means and aid to the tasks of analysis, under direct control.

Portery-concierge functions that do not require special qualification. Reprographic works.

Elementary and/or help jobs in administration tasks.

Packaging and shipment labeling tasks.

Etc.

For the Plastic subsector:

a) Injection /Termoformed (empty)/Blown Extrusion:

Verification work of the manufactured parts, review of the parts, and trim of burrs.

b) Calandrates:

Verification, cutting, and packing work.

c) Extrusion:

Packaging jobs and marked with verification.

Abocarbon work and simple cutting.

d) Other jobs:

Specific cleaning on machines and perolas.

Molinero/a.

For the Rubber subsector:

Pesator/a rubbers and loads (scale).

Cooler/a that does not incorporate accelerants.

Feeder/a calander and extruder.

Operator/a kraker.

Troquelator/a.

Assistant/presses.

Granker/a.

Molinero/a.

Cylinder helper.

Handling simple machines such as polishing machines.

Polishing and finishing of parts, painting and cleaning of moulds.

Verification work of the manufactured parts, review of the parts, and trim of burrs.

For the pharmaceutical, animal and plant health industries subsector:

A) Auxiliary, elementary or aid operations in the manufacture of base products.

B) Activities that consist in preparing, according to specifically established dosage, raw materials for the production of products, either manually or by means of machinery for whose management no other training is needed than the knowledge of specific instructions.

Professional Group 3. General criteria.

Functions consistent with the execution of operations that, even when performed under precise instructions, require adequate professional knowledge and practical skills and whose responsibility is limited by a direct and systematic supervision, with the possible use of peripheral elements of information systems provided that the worker has been trained for use

Training: The basic training required is the equivalent of compulsory secondary education completed with professional experience or with a medium-grade training cycle or equivalent certificate of professionalism.

Examples: This professional group includes all those activities that, by analogy, are comparable to the following:

Operation and monitoring of the operation and regulation of packaging and/or conditioning machinery, the handling of which is complex, that is, which requires multiple manual actions, multiple dosing or other similar regulations. performed according to established programs and instructions.

Masonry tasks, electricity, carpentry, painting, mechanics, etc., with sufficient capacity to perform the normal tasks of the trade.

Administrative tasks that require some degree of initiative.

Vehicle drivers with Class B permission

Receptionist Phone.

Payment and home charging functions.

Reading, logging, monitoring, and regulatory tasks under detailed instructions on industrial processes or the supply of general manufacturing services.

Correspondence writing jobs based on specific formatting or instructions.

Warehouse activities that, in addition to loading, unloading, stacking, and distribution tasks, with or without the help of mechanical elements, involve checking of inputs and outputs of goods, under instructions and giving account to the responsible for the warehouse; weighing and dispensing of the warehouse, with completion of albarans and parts.

Transport and palletizing tasks, performed with mechanical elements.

Flat-caling tasks.

Performing simple analysis operations, the results of which are easy to check, under specific instructions and direct control; sampling and preparation of samples for analysis, with preparation of the necessary material; follow up with precise instructions for analytical processes performed in laboratories or pilot plants. Performing routine agricultural treatment operations under specific instructions and direct control. Sampling and preparation of samples for counting. Comprises the care and cleaning of the laboratory material. Etc.

For the plastic subsector:

a) Injection/thermoformed (empty) /Extrusion Bblowing:

Machinery or machine responsible for injecting, injection control, temperature, machine regulation, mold cleaning, etc.

b) Calandrates:

2. Calander's machine, which performs temperature checks of raw materials, etc., according to the instructions of the person responsible for the machine.

c) Extrusion:

Responsible or machinist for one or more machines that, with help or not from other people, perform the entire process.

d) Other jobs:

Mixing work with dosage and preparation of formulas.

For the rubber subsector:

Pesator/accelerant (scales).

Laminator/a (pull-to-measure, including accelerants).

Cylinder and/or Bamburi Blend Operations.

Prensistas, injectors, and extruders.

Laminator/plates.

Preformers.

Manipulation of simple calendars.

Verifier/a and Metrologue/a.

For the pharmaceutical, animal and plant health industries subsector:

A) Activities in the manufacture of pharmaceutical, animal health and similar forms requiring a high degree of specialisation and skill, such as compression tasks, gelatin capsule packaging, mixing and grainting, solution development, injection filling, etc.

B) Operating and monitoring the operation and regulation of a line or part of a packaging or conditioning chain with the collaboration of operator of posts, including groups 1 and/or 2.

Professional Group 4. General criteria.

Autonomous execution works that require, usually, initiative and reasoning on the part of the workers responsible for their execution, behaving under supervision, the responsibility of them, being able to be helped by other workers, as well as the basic use of foreign languages as necessary for the performance of the job.

Training: Training equivalent to Baccalaureate or Mid-Grade Formed Cycle completed with professional experience or Certificate of Professional Equivalent.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Activities that, with initiative, responsibility, knowledge and the ability to be seconded by lower groups, consist of:

Set, based on accounting documents, a portion of the accounting.

Drafting business correspondence.

Pricing and Outrageous Calculations, Bid Valuation, Order and Supply Management Management, with the responsibility for their full processing.

Tailoring and tracking of work plans and forecasts.

Calculation of salaries and assessment of personnel costs.

Activities that consist of physical, chemical or biological analysis and laboratory and/or field determinations performed under supervision, without the need to always indicate standards and specifications, implying in addition the care and cleaning of the equipment and their approval, preparation of necessary reagents, obtaining of samples, carrying out calculations and extension of certificates, analysis bulletins or the like, seconded or not by group posts lower professionals.

Masonry, carpentry, electricity, painting, mechanical, etc., with training at the highest level, which allows to solve all the requirements of your specialty.

Warehouse activities that, when performed in an organization of reduced dimensions, involve, in addition to those foreseen in the Professional Group 3, the full responsibility of the storage process with record in books and machines to that effect.

Outline tasks.

Driving or driving with delivery, with driving licence of class C, D or E, understanding that they can combine the activity of driving with the distribution of goods.

Activities for the control and regulation of industrial processes that generate product transformation, in any phase of the production process, production or general manufacturing services, when they demand initiative and reasoning on the part of those responsible for their implementation, with or without assistance from other posts and an indication of the operations to be carried out by the latter.

Vendors without specialization.

Activities of industrial trades, with sufficient training to perform each and every one of the tasks of an industrial office and to advocate its execution, with full and complete practice of its task, with help or not of other posts and indication of the operations to be carried out by the latter.

Production and/or maintenance activities, which, together with the requirements of Group 3, also assume the assumption of the autonomous execution and/or responsibility of the process and can be helped by one or more workers.

Etc.

For the plastic subsector:

A) Injection /Termoformed (empty)/Blown Extrusion:

A machine that performs the work of group 3, but is also responsible for the assembly and disassembly of the moulds as well as for their verification and commissioning.

B) Calandrates:

Responsible for the machine, as well as its tuning and machine personnel.

C) Extrusion:

A machine that performs the work of group 3, but is also responsible for the assembly and disassembly of nozzles, combs or rows of nozzles, as well as for their verification and commissioning.

D) Other jobs:

Mixing work with dosing and correction of formulas.

Formulation of formulation tests.

Resolution and color correction, on existing formula.

For the rubber subsector:

Calandrist responsible for calandra with axis crosses and in general precision.

Prensist responsible for presses.

For the pharmaceutical, animal and plant health industries subsector:

(a) Medical visit activities and promotion of products and specialties, both in consultation and in hospital centers and pharmacy offices, through the transmission of appropriate information and in accordance with instructions received and with the established programming. This activity involves the permanent update of the information to be transmitted.

(b) Information activities, promotion and distribution of animal health products to veterinarians, wholesale centres, pharmacy offices, associations and livestock cooperatives within the assigned geographical area, according to the instructions received and the schedule set. This activity involves, on the one hand, the permanent updating of the information to be transmitted, as well as the liability of the deposit in its charge in the event that it does so.

(c) Production activities which, in addition to what is provided for in the Professional Group 3, involve a level of polyvalence such as to require full knowledge of the different positions of a production line, allowing for the commissioning of ancillary services and the carrying out of necessary pre-adjustments in machines and installations, achieving the right conditions for manufacturing, involving the control of work equipment and the safety of quality of the product, also assuming responsibility of the process being able to be helped by one or more workers.

Professional Group 5. General Criteria.

This group includes performing the functions of integrating, coordinating, and monitoring the execution of multiple homogeneous tasks with the responsibility of ordering the work of a set of collaborators.

It also includes the realization of tasks that, even without involving work management, have a medium content of intellectual activity and human relationships.

Training: Knowledge equivalent to those of completed Baccalaureate with professional experience or with a specific Higher Grade Form specific to its function or Certificate of Professional Equivalent.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Tasks consisting of the direct command exercise at the head of a set of operators of the so-called classical trades (masonry, carpentry, painting, electricity, mechanics, etc.).

Administrative and/or translation tasks with a foreign language domain.

Computer Programmer/A.

Accounting tasks consistent with gathering the items provided by the helpers and making statements, balances, costs, treasury provisions, and other similar jobs, based on the company's accounting plan.

Tasks that involve the responsibility for surveillance and enforcement of the media and security measures.

Project development and development tasks according to instructions.

Responsibility for the monitoring, according to general specifications received, of the practical execution of the analysis tasks in one or more laboratories.

Activities involving responsibility for a shift or a production unit that may be seconded by one or more workers in the lower professional group.

Specialized vendors.

Etc.

For the pharmaceutical, animal health, plant health industries sub-sector:

A) Activities that consist of the management of tasks and jobs of a functional unit of production or packaging, with monitoring of facilities and process monitoring.

(B) The posts which respond to the definition in paragraph (a) of the professional group 4 in this subsector, their functions shall relate wholly or in part to products whose issue requires optional prescription.

Professional Group 6. General criteria.

Functions that consist of integrating, coordinating, and monitoring the execution of heterogeneous tasks with the responsibility of ordering the work of a set of collaborators. It also includes complex, but homogeneous tasks that, even without involving command, require high intellectual content, as well as those that consist of establishing or developing programs or applying techniques according to instructions. general.

Training: Knowledge equivalent to medium-grade university degrees-level of diploma or technical engineering-completed with a period of professional practice or experience.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Performing technical functions at the average academic level, consisting of collaborating in research, quality control, studies, surveillance or control in industrial processes or in professional services or advice scientists.

Computing application analysts.

Responsibility for ordering and monitoring the execution of production, maintenance, services, or administration tasks or all of them in a small-scale enterprise.

Responsibility for the execution of tasks in a unit of production, maintenance, or services or of the tasks that are developed in the set of tasks in a small-scale enterprise.

Responsibility for a homogeneous unit of an administrative nature or for the set of administrative services of a company whose administration does not require, due to its dimension of organic subdivisions.

Inspector/a or supervisor/a of the sales network.

Etc.

For the pharmaceutical, animal health, plant health industries sub-sector:

A) Professional technical-commercial support functions.

B) Medical visit and promotion functions, with the requirement and requirements indicated in the professional group 5, section b) of this subsector, which also include the supervision and coordination of a team of professionals, with responsibility for the objectives of the whole. Typically this function carries the responsibility of keeping your team's training up to date.

C) Control functions, in all their activities, to the commercial animal health products in a given geographical area, with support to the commercial management of the same, bearing the responsibility of keeping updated the training of their employees.

Professional Group 7. General criteria.

Include the functions that consist in the realization of complex activities with defined objectives and with high degree of demand in the factors of autonomy and responsibility, they normally direct a set of functions that conduct a specialized technical or professional activity.

Training: Equivalent to higher-grade university degrees-graduate or engineer level-completed with extensive professional experience.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Performing functions involving research or job control tasks with training to study and solve the problems that arise.

Technical responsibility of a laboratory or the set of several medium-type business laboratories.

Technical monitoring of a manufacturing process or section or of the entire process in medium-type enterprises.

Technical monitoring of a group of services or of all the same and even all technical processes in medium-sized enterprises.

Coordination, monitoring and management of heterogeneous administrative work or the set of administrative activities in medium-sized enterprises.

Responsibility for the set of data processing services in medium-dimensional units.

Analysis of computer systems.

Functions of management, coordination and control of commercial activity, as well as personnel, of an area or commercial or geographic demarcation, with responsibility for the fulfillment of objectives.

For the pharmaceutical, animal health, plant health subsector.

A) Commercial launch and/or those described in the previous section, of the general criteria, for jobs of the commercial organic group of this subsector.

Professional Group 8. General criteria.

This group includes those positions that require a high degree of autonomy, professional knowledge and responsibilities that are exercised over one or more sectors of the company, starting with general guidelines large, and should give account of its management to some of the persons included in group 0.

Training: Equitable to higher-grade university degree completed with specific studies-from post-graduate or doctorate-or with extensive professional experience.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

The functions that are consistent with scheduling, sorting, and monitoring services.

The consistent and monitoring systems, processes, and work circuits.

The development of high-level management and research tasks with programming, development and accountability for results.

Responsibility for the control, scheduling, scheduling, and development of the computer task set.

Etc.

Article 23. Mode of operation for the new professional classification in those undertakings which have not previously carried out the classification of this Convention.

Due to the collective implications of the new professional structure, and the need for the maximum possible agreement in the application of this new classification, for those companies that have not yet performed, the following mode of operation is set:

A) The application of this new professional classification will be negotiated between the company and the workers ' representatives. In the case of an agreement, it will be agreed. If there is no agreement, the parties may submit to mediation or arbitration by the Joint Commission in the terms set out in this Convention.

B) Furthermore, it will be possible to consult at the request of either party to the Joint Committee to issue the corresponding opinion on the application of this new professional classification in the company, which will not have binding character, in accordance with the following requirements:

B. 1) When the consultation affects more than 10% of the asset template, only after the corresponding internal negotiation between the company and the workers ' representatives can be used to the consultation procedure. to be sent, together with the latter, with the act of disagreement, indicating, inter alia, the position of the parties in each of the posts in question and a special reference to the description of the functions on which there is a discrepancy and their assessment.

B. 2) Where workers ' representatives do not exist, they will be able to go directly to the Joint Commission, presenting the consultation through any of the trade union organizations that integrate it.

B. 3) In the case of individual consultations or which do not affect more than 10 per 100 of the active template, it must be credited to the Joint Committee which, prior to the consultation, has been submitted by the worker or workers affected by the corresponding complaint to the management of the company directly or through the employees ' representatives. This requirement shall be equally enforceable in the case referred to in point (b) (2) above.

C) To resolve the proposed mediation, arbitration, or to respond to the query formulated, the business and/or union organizations represented in the Joint Commission may examine in the company in question the characteristics of the activity object of disagreement or query.

After the interpretation of the Joint Commission is known, the Company's management will apply the new professional classification, leaving the relevant court open for any complaint.

In any case, the negotiation does not imply the need for mutual agreement at the level of company between the representatives of the workers and the management for the establishment of the new professional classification, because it is not forget that in the conflicts on professional classification it will be the worker or workers affected who would have to accept or not their new professional classification.

(D) Unless otherwise agreed with the workers ' representatives, or, in the absence of such agreement, agreement of the Joint Committee in its field, the undertakings in which the system of professional groups would not have been implemented when entering into This Convention may not make use of the percentage reserve provided for in Article 33, except in the amount necessary for new antiquities calculated in accordance with the modules of Article 39 of the Convention, in any event, knowledge of the Joint Committee.

E) Individual guarantee. -In order to prevent any kind of discrimination from changing from one system to another, to all those workers who came together in a situation of lower or higher positions assessment, for the purposes of the organisation of the work, shall be included in the same professional group in which the other workers who perform the duties or functions performed before the present change are included.

Article 24. Procedure for the adequacy of the professional classification and mandatory model of consultations.

The adequacy of the current professional classification in the company will be examined annually to the modifications produced as a result of technological evolution or organization of work. In the event of disagreement between the company and the workers ' representatives, it shall proceed as indicated in the previous article.

The consultations on the Professional Classification, issued to the Joint Committee, shall conform to the model attached in Annex 1.

Section 2

Article 25. Functional mobility.

A functional mobility within the professional groups may be carried out for reasons that are attached to the needs of the company, when this does not involve a transfer of locality. They shall exercise limit for the same the requirements of suitability and fitness necessary for the performance of the tasks entrusted to that worker, as well as respect for their dignity.

For the purposes of this article, it will be understood that the required suitability exists when the capacity for the performance of the new task is detached from the previously realized or the worker has the level of training or experience required for the development of the labour supply in the new job. In the absence of the above requirements, the company must provide the training worker with the above requirements.

Workers subject to such mobility will be guaranteed their economic and professional rights, according to the Law.

Workers ' representatives, if any, may obtain information on the decisions taken by the Directorate of the Company in respect of functional mobility, as well as the justification and cause thereof, companies are obliged to make it easier.

25.2 Functional mobility by decision of the female victim of gender-based violence:

In order to avoid the possibility of meeting with your attacker, the worker or worker who is a victim of gender-based violence who has recognized this condition and who performs her work outside the workplace, have the right to take up another job, from the same professional group, which the undertaking has vacant in any of its workplaces. In such cases, the company shall be obliged to communicate to the worker the vacancies existing at that time or those which may be produced in the future.

For the purposes of applying this article, the status of a victim of gender-based violence must be accredited, either by the social services of health care or services, or judicially, and be known in a manner the company's management.

Article 26. Work of a different professional group.

In case of need, the company may be able to direct the workers to do jobs of different Professional Group to their own, reintegrating the worker to their old position when the cause of the change ceases.

In the case of a Superior Group, this change may not be longer than eight months for one year, ten months for two years or fourteen months for three years except for cases of illness, accident at work, licences, special leave and other similar causes, in which case it shall be prolonged as long as the circumstances in which the case has been made subsist. After the deadlines indicated, with the exceptions pointed out, Concurso-Opposition shall be convened in the terms of Article 19. The remuneration, as a result of the work of a higher group, will be the same, that is, SMG, Plus Convention and other remuneration concepts of the Professional Group or function, calculated with the criteria set out in the article 29.4.

In the case of an Lower Group, this situation may not be prolonged for a period exceeding four months uninterrupted. However, this period may be extended if it is expressly agreed between the undertaking and the representatives of the employees on the basis of exceptional reasons and with the provision of measures to resolve the problem raised. In any event, the worker shall retain the remuneration corresponding to his/her group of origin, unless the change took place at the request of the worker, in which case his/her salary would be conditional on the new Professional Group. In no case, the change of Group will be able to undermine human dignity. You will avoid repeating the lower Group job with the same worker.

In the case of workers who are forced to join a lower professional group, as a result of overstaffing, they must be reintegrated into the group of origin as soon as their group is vacant.

In any case, the employer must communicate his/her decision and the reasons for it to the workers ' representatives. Where the performance of tasks of a different professional group is to be extended for longer than 15 working days, the communication to the representatives of the workers and the worker concerned must be at least three years. days in advance, except for unforeseen needs.

Workers paid for weaning or premiums involving the collection of special allowances for remuneration may not be attached to other work of a different scheme, except where they measure causes of force majeure or technical requirements of the holding would require it.

Section Three

Article 27. Shipments.

Transfers of personnel involving change of household address for the affected person may be effected: at the request of the person concerned, by agreement between the company and the worker, for the needs of the service and for permuse.

1. Where the transfer is made at the request of the person concerned, upon acceptance by the undertaking, the person concerned shall be entitled to compensation for the costs incurred by the change.

2. Where the transfer is carried out by mutual agreement between the undertaking and the worker, the conditions agreed in writing between the two parties shall be met.

3. Where the needs of the work justify it, and after informing the representatives of the employees, the undertaking may carry out the transfer, even if it does not reach an agreement with the worker, provided that all the workers are guaranteed the rights it has acquired, as well as any other rights that may be established in the future. In any event, unless the company has established by a generic or specific agreement with the workers ' representatives a different system of compensation, the transfer shall, on the basis of justification, receive the amount of the following: expenses: locomotion of the person concerned and his or her family members who live with him, the transport of furniture, clothing and goods, and a cash allowance equal to two months of real wages. The companies will be obliged to provide the transfer of the aid necessary to enable them to obtain access to a house of similar characteristics to those which it has occupied and, where appropriate, the company will pay the difference in income if the has, in relation to which the worker was satisfied.

Notified of the decision of the shipment, if the worker opts for the termination of the contract will be within the provisions of the current legislation.

In the process of relocation, workers with family burdens who are exercising some right related to the reconciliation of family life, older workers will have priority in their posts. (a) 60 years of age, persons with disabilities, and female workers who shall be employed as a result of the provisions of Article 28.2 of this Convention.

Without prejudice to the enforceability of the shipment, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge it before the Competent Jurisdiction.

4. Workers with a destination in different locations belonging to the same company, professional level, etc., will be able to arrange the permuse of their respective positions, subject to what they decide in each case, taking into account the needs of the service, the fitness of both permutants for the new destination and other circumstances that are worthy of appreciation.

Article 28.1 Work Center Transfer.

In the event that the company intends to move the center to another locality, and without prejudice to the provisions in force in this matter, it will be obliged to communicate it to the staff three months in advance, except for cases of force majeure.

The following ends must be detailed in that warning:

a) Place where you plan to move the factory.

b) Housing possibilities in the new locality and rental or property conditions.

The affected worker will have a maximum of one month to accept or raise objections to the transfer proposal. In any event, the staff shall be entitled to receive the compensation laid down in the previous Article, unless the employer has established a different compensation scheme with the employees ' representatives.

If any worker has made justified expenses on the occasion of the shipment and the transfer will not take effect for the company, it would have the right to be compensated for the damages caused.

In such cases, company and employee representatives may at any time agree to replace the period of consultation referred to in Article 40.2 of the Staff Regulations by the application of the mediation or arbitration procedures governed by Chapter XVI of this Collective Agreement.

The intervention as interlocutors before the Management of the Company in the consultation procedure shall be governed by the provisions of Article 28.5 of this Collective Agreement.

In the cases of absence of legal representation of workers in the company, this will be understood to be attributed to the most representative and legitimized trade unions to be part of the Negotiating Commission of the present Collective Agreement and unless workers decide to attribute their representation to a commission made up of workers of the company designated in accordance with Article 41.4 of the Workers ' Statute.

Article 28.2 Geographic mobility of the female victim of gender-based violence.

The female victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, have the right to take up another job, of the same professional group, which the undertaking has vacant in any other of its centres.

In such cases, the company will be obliged to communicate to the worker the vacancies existing at the time or those that could be produced in the future.

The transfer or change of work centre will have an initial duration of 6 months, during which the company will have an obligation to reserve the job previously occupied by the worker.

Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

For the purposes of applying this article, the status of a victim of gender-based violence must be accredited, either by the social services of health care or services, or judicially, and be known in a manner the company's management.

Article 28.3 Geographic mobility by family reunification.

If by transfer one of the spouses changes residence, the other, if he is a worker of the same company, will have the right to fill the vacancies that may occur in the new job centre to which his or her spouse provided that he so expressly requests it and there is a vacancy in the same or similar job as the one who is developing.

Article 28.4 Displacements and Diets.

Workers who need the company to travel or travel to populations other than those in which they have to receive a diet of 19.40 € when they make a meal out and stay at your home; from 38.74 € when you have two meals outside, overnight at your home, and € 115.82 if, in addition to making the two main meals outside, you will stay outside your home. These allowances shall be payable in full on the day of departure.

The expenses of the company will be borne by the company, which will establish the most suitable means of transport. Workers shall also justify the amount of the expenditure incurred after that.

When the means of locomotion, which are cost to the company, and the distribution of the timetable allow the worker to make meals at home, they will not be entitled to a diet.

When the worker uses his or her own vehicle for the displacements, a quantity per kilometre shall be established, after agreement between the undertaking and the worker, for which the cost of the factors shall be taken into account. They make up the maintenance of the vehicle, amortisation, accident insurance, etc., taking into account what the specialized journals in this matter establish, without in any case the amount per kilometer may be below the € 0.352.

The amounts of allowances and mileage shall be applied to the salary revision which may be carried out on the basis of Article 38 of this Collective Agreement, although in this case no retroactive payment shall be made as a result. of such a salary review.

Section 4

Article 28.5 Substantial modification of working conditions.

As for the regime, procedure, rights of consultation of workers ' representatives and effects of substantial modifications of the individual and collective working conditions will be within the in Article 41 of the Staff Regulations.

In the development of the provisions of Article 41.4 of the Workers ' Statute, the procedure to be followed for the modification of the collective conditions will be as follows:

At the beginning of the consultation period, lasting no more than 15 days, the company will provide the representation of the workers in writing with the information justifying the measure, the objectives to be covered, the the impact of the measure on the company's progress and/or on employment, as well as on the measures necessary to mitigate the consequences for the persons concerned and to assess in a specific manner the occupational risks which may arise from the substantial changes in working conditions to be implemented.

By mutual agreement, the consultation period may be extended to a maximum of 30 days.

Likewise, the parties may at any time replace by agreement the period of consultation referred to in Article 41.4 of the Staff Regulations by the mediation and/or arbitration of the Joint Committee of the present Convention in the terms referred to, for each case, in Articles 99, 100 and 101 of this Convention and which shall be developed within the maximum period specified for that period.

The agreement that will be reached will detail the information systems towards the representation of workers in reference to the effective implementation of the measure, as well as the level of compliance with the objectives set.

In the event of disagreement, the parties shall request the mediation or, where appropriate, the arbitration of the Joint Commission in the terms indicated in Articles 98 and following of this Convention.

However, in the case of a substantial modification of working conditions affecting the conditions recognised for workers in the contract of employment, in collective agreements or agreements, or enjoyed by them in the the application of the mediation and arbitration procedures referred to in the preceding paragraph shall not interrupt the application of the possible modifications ordered by the employer, the application of the mediation and arbitration procedures referred to in the preceding paragraph Company address after the query period is exhausted.

In the event of the eventual implementation of these changes, the affected of the possible new risks will be informed in advance and the adaptations that will be made in the risk prevention plan will also be carried out. labor.

The intervention as interlocutors to the company's management in the consultation procedure will be the responsibility of the trade union sections when they agree, provided they have the majority representation in the committees. (a) a business or among the staff delegates of the centres of work concerned, in which case they shall represent all workers in the centres concerned.

In the cases of absence of legal representation of workers in the company, this will be understood to be attributed to the most representative and legitimized trade unions to be part of the Negotiating Commission of the present Collective Agreement and unless the workers decide to attribute their representation to a commission made up of workers of the company designated in accordance with Article 41.4 of the Workers ' Statute. In the latter case the designated committee shall notify the Joint Committee provided for in Article 90 of this Convention, the designated workers.

On the other hand, the particularities provided for in Article 41.4 (b) of the Workers ' Statute will be taken into account when the procedure concerns a number of work centres and some of them if they have legal representation of workers.

No substantial modifications of individual or collective working conditions that contravene the regulation of conditions contained in this Convention and/or developed in collective agreements or covenants shall be possible. the purpose of which is to ensure the principle of equal opportunities for women and men and not discrimination on grounds of sex, or where they entail a loss of dignity.

The modification and/or implementation of the working conditions set out in this Collective Agreement shall be carried out in accordance with Article 35.

CHAPTER V

Pay Policy

Article 29. Remuneration system.

29.1 Wage structure.

The remuneration of personnel covered by this Convention shall be made up of the base salary and the allowances thereof.

Companies which, at the date of entry into force of this Collective Agreement, have not made the adjustment of their wage structure to the same as provided for in the present Convention, must do so during the first 12 months of the the date of their publication in the B.O.E., following the plant extinction procedure laid down in Article 40 as well as the following paragraphs.

In this sense, the base salary will be the SMG of each Professional Group and it is mandatory for the companies.

The amounts exceeding that SMG, if any, will be Plus Convention up to a limit, unless otherwise agreed, of 35 per 100 of the corresponding SMG, so that the Plus Convention expresses concepts of general remuneration for all workers in the same Professional Group.

In order to achieve the SMG of each Professional Group, the companies that for the first time will undertake the process of adapting their wage structure to the regulated one, will be able to absorb the necessary quantities of the Convention.

Any amount that is perceived in ordinary day and normal activity, other than these two concepts (SMG and Plus Convention) and the pluses of seniority, turnicity, nocturnity, dangerousness and toxicity, complement of post of work, will be the personal complement of the worker, integral to all the effects of the Wage Mass.

A personal complement may not be established until the Plus Convention is exhausted to the above ceiling. To achieve the said Plus Convention of each Professional Group will be the preferred objective of the part of the reserve of the Wage Mass destined to the adjustment of salary fans.

The implementation of all this within the framework of Article 33.III shall be lifted. In any case, the SMG shall not serve as a reference for the calculation of seniority and other commuses.

The Job Add-ons, which are paid by the companies, will continue to be collected with the corresponding increases, when and as long as the circumstances that motivated it are given, so it will not be consolidated. where the worker is assigned, on the basis of correct application of the mobility, tasks which do not involve such a supplement, returning the amount of the same to the MSB and being distributed with the same criteria as the rest of the increase.

In application of the wage structure here regulated, existing denominations in companies for the various wage concepts that are paid to their employees must be adjusted to this agreed upon.

The full integration set out in the following paragraph (29.2) expresses a higher qualification of the workforce and therefore its greater efficiency, so the cost of this will be borne directly by the company and applied at the same time as the circumstances provided for in that paragraph are given.

29.2 Salary of New Income Workers.

New income workers must receive the SMG from their Professional Group, and the Plus Convention, if any, in the amount existing in each company, as long as the conditions of the job effectively (a) to be carried out in the context of the work of the Commission. In other words, in order for new income workers to receive the Plus Convention referred to in the previous paragraph, it is imperative that their full integration into the Professional Group to which they belong take place.

When the Plus Group Convention for all workers has not yet been reached, the child of the Plus Convention will be paid the same or similar function, or, if not, of the same or similar function. Professional Group.

The working time required for full integration into the Professional Group may vary according to the posts or functions to be covered and, unless agreed at company level with the employees ' representatives in the same way as for different time limits, they may not exceed those set at the following scale:

-Professional groups 8 and 7, eighteen months.

-Professional groups 6 and 5, fifteen months.

-Professional groups 4 and 3, twelve months.

-Professional group 2, three months.

-Professional group 1, 15 days.

For such purposes, the working time of persons who would have been working in the same company with any contractual modality and in the same or similar function or job during the 2 years will be computed. above.

After the deadlines set out here, or the agreed time limits for each company, it will be understood that the full integration of the worker in his/her Professional Group has occurred with the full salary effects of the function or the job.

When the worker is recognized for full integration into the function to be developed from day one, as well as when it occurs prior to the aforementioned deadlines, they will be recognized from the same time, in both cases, the salary effects provided for in the first subparagraph of this Article.

29.3 Salary of workers in temporary work enterprises.

By virtue of Law 29/1999 and 14/1994, as well as of the current State Convention of ETT, the chemical companies which in the capacity of users occupy ETT workers are obliged to ensure that the contract of supply guarantees the (a) in those rules to the effect that such workers shall receive the same remuneration as those of the chemical undertaking performing identical or similar functions, excluding personal allowances.

In accordance with the wage structure set out in this Collective Agreement, the minimum guaranteed salary, the Plus Convention when it is established, are considered to be objective and not strictly personal. configured as a Professional Group, or resulting from the activity performed and not strictly personal, as well as the supplements, pluses or incentives referred to the job and the quality or quantity and performance of the same, etc.

In the event that a Plus Convention of a Professional Group equal to all the employees of the company has been established in the company, or there is already a Plus Convention for the workers who carry out the assigned activity, there will be to be taken into account in the same way as provided for in paragraph 29.2 above.

When the Plus Group Convention for all workers of the same or a Plus Convention has not yet been reached for workers who carry out the assigned activity, the ETT worker is entitled to it will be the smallest of the Plus Convention that is being paid for the same or similar function, or, if there is no such function, of the same Professional Group.

29.4 Pay guarantee in promotions, promotion or recognition of a higher professional group.

Where the worker is recognised as a higher professional group as a result of promotion, promotion or reclassification, the base salary (SMG), the Plus Group Convention, if it has been achieved for all the workers of the same professional group, and other remuneration concepts of the Professional Group. In order to achieve the fixed remuneration of the new Professional Group, only personal supplements which have not been the result of collective agreement within the undertaking or which do not have the consideration of non-absorbable, will be absorbed. this, unless otherwise agreed.

When the Plus Group Convention for all workers has not yet been reached, the child of the Plus Convention will be paid the same or similar function, or, if not, of the same or similar function. Professional Group.

Article 30. Payment of wages.

The payment of salaries shall be made on a timely and complete basis on the date and place agreed upon or in accordance with the customs and customs. Where the payment is made by bank transfer, it shall be ensured that the payment in the current account or the worker's book occurs at the usual date of payment.

The documentation of the salary shall be made by the delivery to the worker of the individual receipt and proof of the same collection in Annex II of this Collective Agreement, duly signed and sealed by the company. The delivery of the receipt of wages shall also be deemed to be effected when the workers are sent to the workers by means of computer systems to which they have access and which enable them to be printed with the corresponding stamp and signature of the company.

Respecting the possible existing systems or the agreements that can be reached within the companies with the workers ' representatives, the distribution of the salary will be made in twelve monthly payments. which will be paid as a deadline of 15 July in the summer and 15 December at Christmas time.

In terms of the payment of advances on account of the work already done, the worker is recognized as the right to receive them before the day indicated for the payment.

Article 31. Minimum guaranteed salary (SMG).

By this agreement, workers are assigned, on a full-time basis, the annual guaranteed minimum wage of € 14,426.92 gross.

The SMG shall be composed exclusively of all the remuneration concepts to be perceived by the employees of each company, in normal or normal activity in unmeasured jobs.

The following concepts are not included in the SMG: Antiquity, turnicity plus, Nocturnity, plus of dangerousness and/or toxicity, Job Position Complement (CPT), sales commissions and incentives, except that incentive consists of a fixed concept which is perceived by workers to be normal or usual in non-measured work.

The SMGs for the years 2015, 2016 and 2017 shall be subject to the provisions of Article 38 of the Collective Agreement.

Regardless of the above, the remuneration scheme for contracts for training and learning and traineeships shall be that specified in Articles 13.1.4 and 13.1.5 respectively of this Convention respectively. Collective.

Article 32. Minimum Wage Table Guaranteed by Professional Group.

Annual minimum wage table in each professional group:

Euros/year

Group 1

14.426, 92

Group 2

15.436.80

Group 3

16.735.24

Group 4

18.610.75

Group 5

21.206.95

Group 6

24,814.34

Group 7

30,152.26

Group 8

38.231.33

Article 33. Wage increases.

I. Model of wage reference: The signatory organizations of this Collective Agreement have opted, after the experience of the last years, to refer the wage increases agreed to the MSB of the companies. The aim is to generalise the scope of this Collective Convention by facilitating the accession of those undertakings which are currently bound by agreements of their own level, all without bankruptcy in respect of the principle of of autonomy and freedom of the parties.

1. The following concepts are considered to be MSB, with the following clarifications:

1.1 Gross Salary Remuneration (Note A):

Base salary.

Plus Convention.

Personal Add-on.

Age.

Benefits and Pluses.

Incentives.

Add-ons and premiums.

Extraordinary pages.

Job Job Add-on.

Commissions

Extraordinary Hours

1.2 Other Economic Concepts (Note B):

Diets.

Special awards and benefits.

Scholarships.

Quantis assigned to vocational training.

Grants to eaters.

Housing.

Other non-retributive social benefits.

Notes:

A) These concepts will be related to all workers and staff who receive an accrual from the company, except for the staff included in the professional group number 0. Nothing will be deducted if there has been a strike or any kind of suspension of work contracts, incorporating, in such a case, the theoretical amounts left to be perceived by the workers.

B) Comprises non-strictly salary concepts that constitute a cost element attributable to the work factor.

C) The data on the wage bill provided by the company for Group 0 will not be included in the data on the wage bill, so the data from the company will not be included in the procedure foreseen for the application of the increases in the Wage Mass and its distribution. However, the overall amount of the remuneration of Group 0 will appear in the calculation of the overall labour costs which the company must provide to the employees ' representatives under Article 79 of the Convention and 64 of the Staff Regulations. Workers.

2. Once the MSB has been calculated on the basis of the factors and concepts listed above, the companies shall bring the total amount of the amounts corresponding to the following masses:

2.1 The masses corresponding to quantities and concepts submitted to the natural evolution of their cost and managed by the company itself, such as:

a) Pay-in-kind, maintenance, accommodation, home, room and any other supplies.

(b) Social care and social entrepreneurship, such as vocational, cultural, sporting, recreational, economic, dining, family, childcare, transport, etc.

These exclusions will not be made on the assumption that the workers will receive lump sums for these concepts, in which case the corresponding items will be increased, that they will increase their amounts or will share with the rest of the increase.

2.2 The masses that correspond to diets, overtime, and sales commissions. The companies, together with the employees ' representatives, will determine in this case the wage regime to which they are to be adjusted as a lump sum excluded from the Gross Wage Mass and which, as such, may have a wage treatment. different from the other concepts that do form part of it.

II. Increases

II.a) Increase year 2015: Once the 2014 MSB concept has been purged, in accordance with the headings 2.1 and 2.2 of paragraph I, it will be increased by 1% of its current amount.

II.b) Increase year 2016: Once the MSB concept of 2015 has been purged, according to the headings 2.1 and 2.2 of paragraph I, it will be increased by 1.5 %.of its current amount.

II.c) Increase year 2017: Once the 2015 MSB concept has been purged, in accordance with the headings 2.1 and 2.2 of paragraph I, it will be increased by 1.7% of its current amount.

The increases in the MSB of each company will be calculated in terms of homogeneity with respect to the periods to be compared, both in terms of templates and the private working arrangements, at the level of productivity, overtime and other working conditions, and consequently, the amounts corresponding to the enlargements in such concepts, excluding any of the actions referred to, shall be taken into account separately.

By operating the agreed wage increases on the MSB of each company it is not possible to compensate and/or absorb them with other salary concepts, whatever their denomination.

The following actions would also be performed:

1. Application of the reserve: In the years 2015, 2016 and 2017, 20% of the agreed increase will be set aside for each of these years (i.e. 0.2% in 2015, 0.3% in 2016 and 0.38% in 2017) for:

-New antiques calculated in accordance with Article 39.

-Job job completion.

-Adjustment of pay fans within the same professional group and among the various professional groups.

In the allocation of this reserve, the amounts for new antiques, of the amount of which, detailing the number of persons affected and the amounts by professional groups, would be given priority, would be given to the companies. representatives of the employees.

The minimum guaranteed wages of the professional groups referred to in Article 32 shall be enforced by the undertakings.

1.a) Job Add-ons.

For the allocation of this reserve percentage, for CPT, companies which do not have an assessment of jobs will have to establish it in advance in order to make better distribution of the amounts for this concept.

From the study of job valuation, prepared by the company, the Workers ' Representatives will issue a report stating their conformity or not with this study and its conclusions. In the event of disagreement, and unless another procedure is established in the undertaking, the assessment of the posts by the Directorate shall be applied. However, the mediation and arbitration procedure provided for in the Convention may always be used.

Of the amounts to be used for the job, the companies will give an account to the representatives of the employees, both of the amount allocated to that supplement, and of the criteria and motivations (a) to determine which jobs are affected by that supplement, and the tasks, functions and other characteristics of the job, in order to define the content of the job.

At the request of the workers ' representatives, the corresponding negotiation will be established, from which the achievement or no agreement will be derived. In the latter case, the CPT shall be applied in the form and amount established by the Directorate, with the representatives of the workers being able to take the legal action they deem appropriate.

In order to facilitate, in those companies that do not have a job evaluation, the task of defining the objective criteria and motivations followed to determine which jobs are affected. for this supplement, given the obligation of its prior assessment for the purposes of the application of the agreed reservation, the following are listed:

-Performance of tasks in different conditions than those of the rest of the job position of the same denomination.

-That by the assignment of tasks, the characteristics of the position in question are truly unique.

-That the position requires a permanent update of knowledge, methods, systems, etc.

-That the position in question because of the complexity of the tasks assigned to it, requires for its purpose a degree of initiative and/or responsibility superior to a similar job within the professional group, provided that that increased initiative and/or liability would not be in a higher professional group.

-Other circumstances that behave a different concept of the current job.

In any event, the amounts fixed on an individual basis to the said supplement, as a result of the allocation of the above percentages, may never exceed 20 per 100 of the SMG of the professional group in which the the job being paid is framed.

The assignment of job add-ons will not, in any case, mean to distort the new professional classification.

The company will deliver CPT information for each job or function and its proposal to apply a portion of the Reserve to them.

1.b) Adjustment of salary fans.

Companies shall give an account to the employees ' representatives, of the amounts to be used for the adjustment of salary rates, both of the amount intended for this purpose and of the criteria and motivations followed for determine who is affected by it.

Once the company's management brings to the attention of the workers ' representatives both the amount intended for the adjustment of salary fans and the criteria and motivations followed to determine them, the requirements of the employees ' representatives shall be the subject of the relevant negotiation.

This negotiation will result in the achievement or not of an agreement, and in the latter case, the Adjustment of Wage Abists will be applied in the form and amount established by the Directorate, and the representatives of the workers the legal actions they deem appropriate.

In any event, the amounts intended for the adjustment of salary fans may never exceed, on an individual basis, the 20 per 100 of the SMG of the Professional Group in which the worker or workers affected is framed.

On the other hand, the adjustment of wage-earners must be applied with criteria of generality to collective workers who, within a Professional Group, have the same wage level.

The allocation of salary-fan adjustment amounts will not, in any case, detract from the new professional classification.

However, the excess amounts, if any, shall be shared among the workers within the maximum period of three months after the entry into force of this Convention.

This shall be taken into account in Article 29.

The company will deliver information on the salaries of the Professional Groups in which the fan adjustment applies and its proposal in this respect.

2. Application of the Increase after deduction of the reserve: In 2015 the companies will use 0.8 per 100 of the purified and homogenized MSB (1.2% in 2016 and 1.32% in 2017) to increase directly proportional the total salary, excepting seniority and Job Position Complement of each worker perceived to normal activity by reason of the function or job that he performs in the company.

The result of dividing the total annual salary that each worker receives for the number of hours/year established in this Collective Agreement as a maximum annual day, shall constitute the total salary/hour (SHT). In any case, the divider shall be the number of hours/year in the undertaking in question or to be performed by the worker concerned, if less than the annual maximum agreed time.

III. Calendar of execution.

After the entry into force of this Convention, undertakings shall carry out the calculation of their gross wage bill within 15 days of their publication in the Official Gazette of the State or, in any case, within 30 days. of the signature of this Convention. In a meeting convened for the purpose by the Directorate, the company shall deliver to the representatives of the written information workers giving by Professional Group the number of workers of the same and the breakdown indicated in points I. 1.1 to I. 1.2, as well as the distribution resulting from the operations referred to in the previous paragraphs, of which the company will provide the documentation corresponding to the representation of the employees. In the latter case, the employees ' representatives shall examine the proposal of the undertaking and, after the relevant negotiation and adjust it to the agreed terms, give their agreement.

The information set out in the preceding paragraph shall be given in all contractual arrangements, including part-time contract workers, on the high of 31 December, and shall be calculated as if they had been working on the full year on the conditions of 31 December of the previous year, so that the result of applying them, where appropriate, the increase indicated in 33.1 (b) shall indicate the remuneration as at 1 January.

All this and its results will be lifted by the corresponding Act which will include the agreed distribution of the increase, or, in the event of disagreement, the proposal of the management of the company and of the representatives of the workers.

In those companies where the legislation does not allow for union elections, the data and calculations above will be given to the workers by exposing it to the bulletin board.

In companies with several job centers, except for agreement with the workers ' representatives, express or tacit, that provides for the breakdown by center, the information of the Gross Wage Mass that must be delivered to the employees ' representatives shall refer to the whole enterprise as a whole.

IV Mediation and Arbitration.

In the event of discrepancies in the application of this Article, the use of the mediation and arbitration mechanisms provided for in Articles 98 and Article 98 must be brought before the court proceedings. next.

Article 34. Variable remuneration based on objectives and results.

Companies will, on a voluntary basis, be able to introduce an additional individual variable remuneration system to the increases agreed in line with the achievement of objectives. This system, as well as any modification of the system, must be submitted to information and consultation of the workers ' representatives. Its implementation requires in any case that the wage structure indicated in the art is already established in the company. 29.1.

In the event that the variable salary is configured by the company on the basis of collective and non-individual objectives, the processing of information and consultation referred to in the preceding paragraph of this article shall be be replaced by the negotiation and, in any case, agreement with the representatives of the workers, and may be used in the event of disagreement with the mediation and arbitration procedures provided for in Chapter XVI of this Convention.

Its 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, environmental records, etc.)

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

The amounts earmarked for these variable salaries will be established annually based on defined objectives.

These variable remuneration, whether individual or collective, shall not be part of the Gross Wage Mass of Art. In all cases, companies must report annually to the employees ' representatives, when the MSB is delivered, of the amount that has been allocated to these variable remuneration, and their distribution by professional groups and number of workers in each group affected by the same

For the purposes of the interpretation of this Article, they shall have individual or plural and non-collective character, variable remuneration according to objectives and/or results of the undertaking to be determined individually for each worker. or those that, fixed for a group of workers, whether by Division, Department or Section, their perception or credit is made dependent on individualized criteria such as the fulfillment of personal objectives, the individual performance, the degree of individual responsibility for the achievement of individual objectives or collective, as well as the performance of tasks or tasks assigned to them individually; all of this except those to which a Job Job Complement or the remuneration corresponding to the performance of an activity of a Senior Professional Group having their own treatment.

They will not, therefore, be plural, but collective, the variable remuneration assigned to a group of workers, regardless of their number, when their perception depends solely on the objectives set globally for the group as a whole.

Article 35. Failure to apply the working conditions covered by this Collective Agreement.

In order to contribute to the maintenance of employment, it may be possible to proceed, by agreement between the parties and in accordance with the procedure laid down in this Article and in the 82.3 of the Staff Regulations, to the Application of regulated working conditions to the same.

The subject matter of possible application, as well as the reasons for it, will be those set out in Article 82.3 of the Workers ' Statute.

The procedure will be initiated by the Management of the Company, who will communicate in writing the beginning of the period of consultation with the workers ' representatives and, at the same time, the Joint Committee of the present Collective Agreement. The communication to the Joint Committee shall be accompanied by the communication to the representatives of the employees.

In the specific case that the application relates to the percentages of increase and/or salary revision referred to in Articles 33 and 38 of this Collective Agreement, the communication to the representatives of the workers must be produced within 30 calendar days of the publication of the Convention in the Official Gazette of the State.

In the event that the economic circumstances are present at the time of the application of the wage revision clauses referred to in Article 38 of the present Collective Agreement, the companies may also be able to (a) to be removed from that application irrespective of the fact that they would not have done so in respect of the salary increases of the beginning of the year referred to in Article 33.

In these cases of non-application of the percentages of increase and/or salary revision of Articles 33 and 38 of this Collective Agreement, the parties will be transferred to the fixing of the wage increases prior to the development of a period of consultation in the terms referred to in this Article and in compliance with the other requirements and conditions referred to in Article 82.3 of the Staff Regulations.

On the other hand, in the event that the discount is raised in relation to the wage increases of the beginning of years referred to in Article 33 of this Convention, the companies will be or not subject to review the wages during the current year in accordance with what is specifically agreed between the company and the employees ' representatives in the company, and this decision should be made in the document that contains the agreements.

As set out in the preceding paragraphs in relation to the non-application of the percentages of increase and/or salary revision of Articles 33 and 38, it is not possible for companies to go, at any time and without submission to the 30-day period referred to above, to the implementation of the remuneration system and the amount of the salary covered by this Convention on the basis of Article 82.3 (d) of the Staff Regulations.

The intervention as interlocutors to the company's management in the consultation procedure will be the responsibility of the trade union sections when they agree, provided they have the majority representation in the committees. (a) a business or among the staff delegates of the centres of work concerned, in which case they shall represent all workers in the centres concerned.

In the cases of absence of legal representation of workers in the company, this will be understood to be attributed to the most representative and legitimized trade unions to be part of the Negotiating Commission of the present Collective Agreement and unless workers decide to attribute their representation to a commission made up of workers of the company designated in accordance with Article 41.4 of the Workers ' Statute.

All taking into account the particularities provided for in Article 41.4 (b) of the Workers ' Statute for the time when the procedure concerns a number of workplaces and some of them if they have legal representation of workers.

During the consultation period the parties will have to negotiate in good faith with a view to reaching an agreement and will deal with, among other issues, the motivating causes of the business decision, its entity and its scope. and the possibility of avoiding or reducing the effects of non-application by recourse to other alternative measures that mitigate its consequences for the workers concerned.

This period will be presided over by a true will for dialogue and a precise and concrete documentation will be provided to enable a real negotiation.

For the purposes of developing the period of consultations under Article 82.3, undertakings shall submit, at the beginning of the consultation period, an explanatory memorandum containing:

a) Detail of the proposed measures.

b) Justification of the economic, technical, organizational, or productive causes that motivate the procedure.

c) The objectives to be achieved, including a feasibility plan with short-term industrial, commercial, economic and financial forecasts and objectives, as well as the means to achieve such objectives. objectives.

d) The estimated impact of the proposed measures on the economic progress of the company and consequences that may arise if they are not adopted.

e) Other measures proposed to mitigate the consequences of the implementation of the workers concerned.

f) Report of the possible impact of the proposed measures on the assessment of occupational risks as well as, where appropriate, the preventive measures to be taken.

g) Technical report on the economic and financial situation of the company. This report will be accompanied by accurate documentation (balance sheets, income accounts, corporate tax return, in your case auditors ' report). In companies with less than 25 employees, and depending on the economic costs involved, the report of auditors shall be replaced by the documentation that is necessary within the meaning of the preceding paragraphs to demonstrate, The economic situation alleged.

(h) In the event of failure to apply the percentages of increase and/or salary revision of Articles 33 and 38 of this Convention or, of inapplication of a system of remuneration or salary amount referred to therein, in the information to be submitted, a study on the impact of wages on the economic progress of the company will be included.

Workers ' representatives are obliged to treat and maintain in the highest reserve the information received and the data to which they have been accessed as a result of the provisions set out in the preceding paragraphs, (i) observing, therefore, in respect of all this, professional secrecy.

To be reached this must:

(a) accurately detail the new working conditions applicable to the company and its duration, which may not be extended beyond the time when a new Convention is applicable in that undertaking.

b) Establish systems for joint monitoring of the agreed upon with the aim of ensuring both the correct application of the agreed conditions and the provisions of this article, and of the real and continued existence of the causes alleged for the inapplication.

c) Include procedures for the review of the agreement for the assumption that the causes that motivated it will disappear or be modified.

The implementation agreement may not give rise to the failure to comply with the obligations laid down in the undertaking relating to the elimination of discrimination on grounds of gender or which, where appropriate, are provided for in the the applicable Equality Plan.

If agreement is reached in the negotiations between the Company and the workers ' representatives, it must be communicated to the Joint Commission.

The company and workers ' representatives may at any time agree to replace the period of consultation with the application of the mediation or arbitration procedures regulated in Chapter XVI of this Agreement. Collective Agreement.

If such mediation or arbitration is to be requested, the Joint Committee shall be sent the documentation submitted during the consultation period, minutes of the meetings held, as well as a detailed report of the reasons for each adduct to reach no agreement. If, in the Commission's view, the documentation sent is not sufficient to enable it to be delivered, it shall be addressed to the parties requesting extension or clarification thereof.

In the case of the end of the consultation period, no agreement has been reached, the Joint Commission will be asked to intervene to initiate a mediation procedure. The application shall be accompanied by the documentation referred to in the preceding paragraph.

If, in the mediation of the Joint Commission, the parties do not reach an agreement, the agreement will be issued within 7 days of the conclusion of the disagreement. This report will not be binding and will be forwarded to the parties as a proposed agreement.

If the members of the Joint Commission do not agree on the content of the report, they shall state their corresponding statements on the part of the report and shall also be sent to the parties in question. conflict.

On the other hand, if the proposed agreement contained in the Joint Committee's Report is not accepted by the parties, they will be able to submit the solution of their discrepancies to the arbitration systems established in the agreements. interbranch professionals at the state or regional level, as appropriate to the geographical scope of the conflict.

Article 36. Correction of absenteeism.

The parties to this agreement recognize the serious problem that is caused by absenteeism for our society and understands that its reduction implies both an increase in the worker's presence in the workplace and the the correct organisation of enterprise and social security medicine, together with appropriate safety, hygiene and working conditions, in order to ensure effective protection of the physical and mental health of workers.

In the same way, the parties are aware of the serious breach that in the economy produces absenteeism when certain levels are exceeded, as well as the need to reduce it, given its negative impact on productivity.

To properly achieve these goals agree:

1. Workers ' representatives shall be consulted in all decisions relating to technology, the organisation of work and the use of raw materials which have an impact on the physical and/or mental health of the worker. They shall also be informed quarterly by the undertaking of statistics on the rate of absenteeism and the causes, accidents at work and occupational diseases and their consequences, the rates of accident, periodic studies or (a) the special nature of the working environment and the prevention mechanisms to be used.

In order to contribute to the reduction of absenteeism levels, companies that exceed a rate of 3 per 100 at the collective level in the 12-month period will be able to negotiate absenteeism reduction plans taking into account for this the following criteria:

a) Improvement measures in relation to the work environment and environment.

(b) Current working hours and their distribution, taking into account possible means of reconciling family and work life.

c) Procedures for detecting pathologies related to jobs.

(d) Actions to facilitate the change or adaptation of the work position of those workers who are affected by a limiting disease for the full development of their normal functions.

2. When quantifying and cataloging the causes of absenteeism, the following absences, prior and duly justified, shall not be computable for the purpose of such quantification, within the legal framework of the following cases:

-Marriage.

-Child birth or serious illness or death of relative to the second degree of consanguinity or affinity.

-Regular home transfer.

-For the time indispensable for the fulfillment of a duty of public and personal nature.

-Realization of union functions or representation of personnel in legal or conventionally established terms.

-Breastfeeding absences of a child under the age of nine months.

-Absences from hospitalization.

-Absences due to an occupational accident.

-The absences caused by the suspension of the activity in the event of a risk of accident when it is decreed by the labour authority or the employer itself decides, whether or not it is at the request of the representatives of the workers.

-Maternity/paternity leave.

-Job contract suspension assumptions for legally established causes, except Temporary Incapacity.

3. For the calculation of the absenteeism rate, the number of hours of absence in the period (taking into account the exclusions in the previous paragraph) shall be divided by the total working hours available in the same period and, the result obtained, multiply by 100.

4. In this chapter, both parties will be governed by the basic criterion of seeking to reduce the causes that generate it and focus on those where a realistic and negotiating action can achieve its reduction in the short and medium term.

5. In the absence of agreement with the employees ' representatives, the company, in order to reduce absenteeism (understood as such the Temporary Incapacity, in accordance with the heading 2 of this article and the unjustifiable lack), when the figure Individual absenteeism will exceed 3 per 100 of the day/hour to work during the three calendar month period, the affected worker will no longer receive the temporary incapacity supplement if customary or by means of an express agreement It came on. Such a calculation shall be made on a quarterly basis and, in the case where the worker has wrongly received the supplement, the undertaking shall deduct it in the first month of the following quarter.

The ability to withdraw the Temporary Incapacity Supplement, referred to in the previous paragraph, may be used by the companies, even if they have not previously been used.

The fate of the amounts left to pay the workers as a result of the application of this paragraph shall be decided annually, in the framework of the Gross Wage Mass, with the participation of the representatives of the workers. Uninterrupted faults of more than twenty-one days or those whose cause is derived from hospitalization shall not be considered for the purposes of this paragraph (understanding as such the period of stay in a hospital and Subsequent recovery linked to the causes which justified prior hospitalization), accident at work, maternity, paternity or temporary incapacity during pregnancy by risk for the same derivative of the nature of the work performed when it is not possible to occupy the worker in another position.

Notwithstanding the foregoing, in the case of uninterrupted faults of more than 21 days resulting from common illness, when the company promotes before the medical inspection of the National Social Security Institute the review of the (a) the worker will no longer be entitled to the temporary incapacity for a common illness, provided that the rates of the sickness benefit are met, and that the rate of the temporary incapacity for sickness is not paid. Individual absenteeism noted above. If the administrative procedure terminates the company's claim in this respect, the company must reintegrate the worker with the amounts left to be received as a temporary incapacity supplement.

For redundancies due to the causes provided for in Article 52.d) of the Workers ' Statute, it will be established in the same

6. Undertakings shall, in no case, bear any increase in the economic supplement deducted from this Article, if, by legislative or regulatory amendment, reductions in the percentages in the performance of the security Social.

Article 37. Wage Guarantee in the case of hospitalization, occupational disease, accident at work and maternity.

In the case of hospitalization, occupational disease, accident of work and maternity, the companies will supplement the benefits for Temporary incapacity of Social Security up to 100 per 100 of the sum of the base salary, plus convention, personal allowances and job allowances, all of them in ordinary day, excluding those of a variable nature specified in the following:

-Sunday Pluses, holidays, and Nocturnity.

-Add-ons by quantity or quality of work.

Hospitalization, the period of stay in a hospital and a subsequent convalescence linked to the causes that justified prior hospitalization.

This wage guarantee will also apply to the losses granted during pregnancy by risk to the same derivative of the nature of the work performed, when it is not possible to occupy the worker in another job work, as well as for the carrying out of medical tests in relation to the physical situation of the mother or fetus, ordered by optional. The supplement regulated in this article will also be applicable in the cases of Temporary Inability as a result of convalescence due to surgical interventions in Ambulatory or Hospitalisations of less than 24 hours when the Convalescence is more than 15 days uninterrupted.

In the assumptions of a regular system of shifts in any of its modalities, the wage guarantee includes the remuneration that is regularly collected by that work system.

This supplement shall also be affected by the provisions of the sixth paragraph of Article 36.

The supplement referred to in this Article 37 and in Article 36 shall in no case be for a period exceeding eighteen months.

Article 38. Salary Review clause.

A) Salary Review Clause for the years 2015 and 2016.

In the event that the sum of the Spanish general CPI corresponding to the years 2015 and 2016 is higher than the sum of the increases agreed in this Collective Agreement for those years, it will be carried out to carry out a wage revision, in the indicated difference and without retroactive effect, as soon as such a circumstance is officially established.

The increase in wages that will be paid in its case will therefore be paid with effect from 1 January 2017, serving as the basis for the salary increase of this last year.

This same wage revision will apply to the SMG tables in Articles 32 and 44, Article 44.7, Article 40, and Article 28.4 allowances.

By operating this wage revision on the MSB of each company it is not possible to compensate and/or absorb it with other salary concepts, whatever their denomination.

B) Salary Review Clause for the year 2017.

In the event that the Spanish general CPI corresponding to the year 2017 is higher than the increase agreed in this Collective Agreement for that year, a wage revision will be carried out in the indicated difference and without retroactive effect, as soon as such circumstance is officially established.

The increase in wages that will be paid as appropriate will therefore be paid with effect from 1 January 2018, serving as the basis for the increase that could be agreed for 2018.

This same wage revision will be applied to the SMG tables in Articles 32 and 44, plus the Nocculnity of Article 44.7 and Article 40, and the diets of Article 28.4.

By operating this wage revision on the MSB of each company it is not possible to compensate and/or absorb it with other salary concepts, whatever their denomination.

Article 39. Age.

The age plus for the workers affected by this Convention will be frozen in its current calculation basis, following its natural evolution the triennial, five-year and other models in force in the sector.

For newly created companies, the model will correspond to that of the subsector in which it develops its activity. If these models cannot be demarcated, the reference model for two trienes and five five-year models shall be applied, irrespective of the model applied, the following quantities:

Euros/year

Model

31.37

Trienes

78.43

Quinquene

156.86

The above figures are applicable for all professional groups.

However, the freezing of the bases of calculation of the age, the amounts received for this concept are part of the Purified Gross Wage Bill, to which the agreed wage increase is applicable, and should be proceed for distribution as referred to in Article 33. The above implies that while the amount perceived by the concept of seniority may remain unchanged, the increase that the Gross Wage Mass would have to be part of, must have an impact on a greater increase in the rest of the concepts according to the distribution to which these effects are established.

Article 40. Pluses.

The current concept and value of all the existing plusses in the companies that will become part of the Plus Convention and/or Personal Complement, in accordance with Article 29.1, are extinguished with the only exceptions of those whose names are the subject of remuneration related to the activity or the content of the labour supply such as incentives or production premiums, seniority, turnicity, nocturnal, dangerousness and/or toxicity, etc.

Companies that have paid for hazardous and/or toxicity, by express or tacit agreement between parties, firm judgment or firm administrative resolution, will do so according to the following modules:

1. º Those that come using in companies.

2. º In other assumptions 10 per 100 (for each) on the following bases:

Group 3

Euros/day

Group 1

25.11

2

26.91

29.15

Group 4

32.41

Group 5

36.93

Group 6

43.25

Group 7

52.55

Group 8

66.63

However, by agreement within the undertaking, the extinction of these plusses may be negotiated, such quantities being integrated into the MSB referred to in Article 33, or constituting a separate work-place supplement. of the CPT from the reservation.

For the plus of Nocturnity will be planned in each company, taking into account the following. For the hours worked at night (from 22 hours to 6 the following day) a minimum perception of 10.46 € gross per night worked, or part proportional to the time worked in the night and which will be paid, is set the Community is already integrated into another wage concept or that the salary has been established on the basis that the work is at night by its nature or that additional compensation for this work has been agreed upon at rest.

The amounts received in terms of Nocturnity are part of all the effects of the wage guarantee set out in the Art. 44 of this Collective Agreement as Guaranteed Minimum Wage for continuous shift processes.

Article 41. Incentives.

At the initiative of the company, the salary supplement may be established by quantity or quality of work, consisting of premiums or any other incentives that the worker must receive on the basis of higher quality or greater amount of work, whether or not they are linked to a performance pay system. The introduction or modification of an incentive system in no case may result in the same activity as a loss of the worker's remuneration.

In relation to the implementation or modification of an incentive system, the provisions of Article 9º will be available.

Claims that may arise in connection with the tariffs of these supplements must be submitted to the workers ' representatives. If they are not resolved between them and the Company's Directorate, it will be possible to refer to Chapter XVI of the Collective Agreement on voluntary dispute settlement procedure, without the application of the fee to be applied.

However, the possible legal actions that would correspond to those affected should be left to the detriment if they consider their contractual rights to be impaired.

For these purposes, the worker will retain, regardless of the returns he achieves with the new values of time, the average of the perceptions that he would have obtained during the twelve weeks prior to the initiation of the test.

If, during the trial period, the worker or workers concerned obtain higher than normal performance, they shall be paid in accordance with the rates that in anticipation of such an event would be established, in any event pay them with the total of the amounts to be charged for this concept of performance increase, after the corresponding fees have been approved.

In the event that the rates referred to in the preceding two paragraphs are not definitively established, the higher activity shall be paid in proportion to that which exceeds normal activity.

The time and performance review will be performed by any of the following facts:

1. For a reform of methods, means or procedures.

2. Where the calculation or measurement was in a manifest and undoubted manner.

3. If at work there has been a change in the number of workers or some other change in the conditions of the worker.

4. By agreement between the company and the workers ' representatives.

If, because of the introduction of a performance system and incentives of one or more sections that make up the manufacturing, someone would have to perform a higher quantity or quality of work than the normal activity of his/her workload per person/person, he/she will have to receive an increase in his/her salary to normal activity.

Companies will have to set up a remuneration system with incentive to indirect labour, when it is established for the direct labour force, if this is determined by the indirect labour force to be carried out. a higher amount of work than the normal activity of your workload per person/person.

If any of the workers paid to leave or premium did not give the performance due to causes attributable to the company, in spite of applying the necessary techniques, activity and diligence, it will be entitled to the salary that would have been provided for or, in any case, the remuneration which they received in respect of normal or normal activity in non-measured work.

If the motivating causes of the decrease in performance were accidental or not extended to the whole day, the worker should be compensated only for the duration of the decrease.

When, for reasons well proven, not attributable to neglect or negligence of the company, but independent of the will of the worker (lack of current, breakdown in the machines, waiting for motive power, materials, etc.), The worker must be suspended, the workers will be paid the perception corresponding to the normal performance.

In both cases, to accredit these rights, it will be indispensable to have remained in the workplace.

In changes in the workplace or in the area, where the worker has a part of his or her remuneration in the form of a commission, incentives, objectives, etc., it will require that the variable pay be adjusted to the forecasts of the new centre or area, without prejudice to the remuneration of the new centre or area, in terms of quantity and quality and function.

CHAPTER VI

Working time and sorting

Article 42. Workday.

42.1 Workers affected by the 18th General Chemical Industry Convention will have a maximum annual working day of 1,752 working hours in the years 2015, 2016 and 2017.

The existing days will be respected that in their annual computation are more beneficial for the workers.

Companies that have established rest times ("snack") as effective working time, they shall quantify their annual duration and this amount shall be deducted from the duration of their current day, for the purpose of determining the effective annual working day which shall be consolidated since the entry into force of this Convention. If this operation is carried out, a day less than that provided for in this Convention, they shall maintain that day, and may in these cases reorder the same.

Example: Company with an annual agreed and rest day (snack) considered as an effective day working × days per year.

Annual Day-Working days × snack time = effective day

In order to make the right to reconcile personal, family and work life effective, and whenever the organizational conditions of work permit, in each company, the workers ' representatives can be agreed upon. individual flexibility, on the schedules that govern the company's calendar, the hours of entry and exit, without modifying the total duration of the working time and concreting the departments, application sections and limits maximum of the same in each case.

42.2 In the field of the company, after negotiation and agreement with the Workers ' Representatives, an irregular distribution schedule may be established for the day, which implies the possibility of exceeding the maximum ceiling. Article 34 of the Staff Regulations, in accordance with the provisions of Article 34 of the Staff Regulations, in accordance with the minimum breaks laid down in the Law.

42.3 On the calendar for the company, the management of the company may have a flexible working day or schedule of up to 100 hours each year of the Convention, which is considered as ordinary in nature, in spite of its character. irregular, they will be part of the annual computation of the day. Such flexible hours shall apply in the working days for each worker on the calendar of the undertaking, except in the cases referred to in Articles 13.9 and 45, and may be exceeded, the daily ceiling of 9 days. hours referred to in the Law, with respect to the minimum breaks already mentioned.

For the application of the flexible hour, the criteria for the causalization and explanation of the technical or organizational technical reasons that justify it to the workers ' representatives, as well as to the directly affected, 5 days in advance of the adoption of that decision.

In any case, the prolongation of the day resulting from this irregular distribution and the application of the flexible hours, will not be applicable to workers who have limited their presence for reasons of safety, health, child care, pregnancy, or nursing periods.

The compensation of the flexible or free hours available will be as follows:

-1 hour of mandatory rest for each flexible hour, up to the ninth hour of daily work, including this one.

-1.5 hours of mandatory rest for each flexible hour performed, from the tenth hour of daily work, and including this one.

However, in the case of use of the bag of hours for the cases referred to in Article 45 of the Convention, the compensation for each flexible hour made shall be 2 hours of compulsory rest.

For the compensation of the flexible hours in the cases referred to in Article 13.9 of this Convention, it shall be established.

The period of compensatory rest that may correspond to the performance of flexible hours shall become part of the individual available time bag as regulated in Article 45a and shall be given in the form and time-limits. Provided there.

The extension of the day for the use by the company of the flexible hours bag and the compensatory rest period may be taken in this order or in the reverse, in both cases the same rules contained in the preceding paragraphs.

42.4 The 100-hour flexible bag regulated in the previous paragraph may be used in reverse to address exceptional, and provisional in-time, productive situations related to the decrease in volume or workload motivated by economic, productive, organizational or technical causes. It shall be used as a preferred instrument prior to the adoption of decisions affecting the maintenance of employment, whether fixed or temporary.

1. Causes.

Companies intending to use the reverse flexibility provided for in this Article must prove in a reasonable manner that there is sufficient and current existence of any of the above economic, productive and organisational causes. or techniques, in which the adoption of the measure is objectively justified.

When the decreases in demand in the products or services offered by the company in the market are of a structural, cyclical or seasonal nature, that is, their own of the activity or production cycle of the sector to which The reverse flexibility as set out in this paragraph shall not apply, but other measures such as those provided for in the preceding paragraph shall apply.

2. Procedure.

After delivery to the representatives of the workers of the information and supporting documentation, as well as of the measures of inverse flexibility that the company intends to implement, a period of consultations with the representatives of workers who will have a maximum duration of four days.

The prior consultation with workers ' representatives will deal with the motivating causes of the business decision, the possibility of avoiding or reducing its effects, the measures necessary to mitigate its consequences for the workers directly concerned and the commitments to maintain employment.

Companies will be able to apply flexible hours in reverse as long as the causes justifying the adoption of the measure comply with the following requirements and limitations:

(a) The company shall notify the worker in writing, in a reasoned manner and 4 days in advance of the effectiveness of the reverse flexibility measure, of the need to replace the hours of effective delivery of its work which determine the undertaking for a compulsory break without any remuneration or labour law. The period of notice to the worker may be at the same time as the period of consultation with the representatives of the workers mentioned above.

(b) The undertaking shall notify the worker in writing, on a reasoned basis and 7 days in advance, of the need to recover the working hours which would have been replaced by a compulsory break in the framework of the Reverse flexibility. Such recovery shall be applicable on working days for each worker on the calendar which he or she rips in the undertaking, unless otherwise agreed with the workers ' representatives, and the scheme shall be respected in any event. breaks established in the law and in this Collective Agreement.

(c) The hours of reverse flexibility applied as a mandatory rest during the first eight months of the calendar year shall be recovered within the calendar year. The hours of reverse flexibility generated in the last four months of the calendar year may be recovered within six months of the following calendar year.

(d) Reverse flexibility may not apply to persons who are limited in their presence for reasons of safety, health, child care, pregnancy or breastfeeding.

e) In the implementation of the inverse flexibility, systems of rotation shall be taken into account in such a way that it is not always carried out by the same persons, as will be established the possibility of permutas between them always that they are organisationally possible and are based on the voluntariness of the people concerned.

(f) During the period of recovery of hours referred to in this paragraph, the flexibility measure referred to in the preceding paragraph may also be used, provided that the sum of hours of recovery does not exceed, 100 hours in each year of the Collective Agreement.

Article 43. Overtime and overtime hours.

1. Overtime.

They will only have the consideration of overtime for legal purposes, the following:

Those in excess of the annual working day agreed at each company, i.e. those worked outside the time schedule established in the business calendar for the company, with the exception of the flexible hours resulting from the application of the Articles 13.9 and 42.3.

Extraordinary hours will preferably be compensated by rest, provided it does not disturb the normal production process of the companies. The compensation for rest, or the remuneration of overtime, if the worker opts for such an arrangement, shall be the one established in the undertaking or which can be agreed within the undertaking.

The overtime offset by rest within four months of completion shall not be counted for the purposes of the annual maximum overtime ceiling laid down in Article 35.2 of the Staff Regulations. Workers.

in view of the serious situation of existing unemployment and with a view to promoting a social solidarity policy conducive to the creation of jobs, the abolition of the usual overtime is agreed, thus maintaining the criterion already established. established in previous agreements.

Also, in order to give all its value to the above criterion, it will be analyzed in each company, jointly between the representatives of the workers and the same, the possibility of making new hires within the Procurement arrangements in place to replace the extraordinary hours deleted.

Also regarding the different types of overtime, the following is agreed:

(a) Extraordinary hours of force majeure which are required by the need to repair claims or other analogues whose failure to make any obvious and serious damage to the undertaking itself or to third parties, as well as in the case of risk of loss of raw materials: realization.

b) Extraordinary hours required by orders or peak periods of production when these are unforeseeable or non-performing produces serious material or customer losses and this is evident, unanticipated absences, necessary for the implementation and/or stops, changes in shift, maintenance changes where the use of the various forms of temporary or partial procurement provided for by the law does not apply and its failure to carry out the loss or the deterioration of the production and in the event that its non-realization results in the impossibility of repair breakdown or ensure the proper implementation of production: maintenance.

The overtime, in any case, by its nature, shall be voluntary, in accordance with the Law, except those whose failure to make the undertaking serious damages or impede the continuity of production and the other the force majeure referred to in paragraph (a) of this Article.

The Company's Directorate shall report monthly in writing to the employees ' representatives on the number of overtime worked, specifying the causes and, where applicable, the distribution by sections. In addition, on the basis of this information and the above criteria, the company and the employees ' representatives will determine the nature and nature of the overtime hours according to what is agreed in this Convention.

Discrepancies may be subject to the procedures provided for in Chapter XVI of mediation and arbitration.

The hours of rest that may correspond to overtime shall be spent as part of the individual available time bag as referred to in Article 45a and shall be given in the form and time limits therein. intended.

2. Day extensions.

The length of time spent in the workplace after the time of departure provided for in the business calendar, as well as the time required by those workers whose task is to start the work, opening or closing of the work centre and which would result in an extension of its usual working day, will have the consideration of extraordinary working time only if the result of its completion exceeds the Annual working day in the company. Such an extension of working time shall be compensated in the manner agreed in each undertaking with the persons concerned or, where appropriate, with the representatives of the employees.

The compensatory rest hours that may correspond to these long-term extensions shall be part of the individual available time bag as referred to in Article 45a shall be given in the form and time-limits. Provided there.

Article 44. Turnness.

1. Definition of shift system in continuous process. -It is understood by "continuous process" that of the work that, due to technical or organizational needs takes place 24 hours a day and during the 365 days of the year, although it will eventually stop for the Collective holiday enjoyment involving the complete or partial closure of facilities, repairs, maintenance, change of cycle or product, or any other reason other than workers, as well as for reasons of force majeure.

Likewise, what is stipulated in this article will be applicable to those workers in productive processes during the 24 hours of the day that, with rotation and working Sundays and holidays, are not carried out 365 days. of the year, but for a predetermined time. In this case, the guarantee of this article in its 6th paragraph will be in proportion to the period actually worked on this system.

2. Breaks. -For workers on duty, and where the organisation of work so requires, the average weekly rest period provided for in Article 37 (1) of the Staff Regulations may be accumulated for periods of up to four weeks. Workers, or separate them from the corresponding full day for their enjoyment on another day of the week.

In such undertakings, where, when changing the working time worker, he is unable to enjoy the minimum rest between days laid down in Article 34 (3) of the Staff Regulations, the same may be reduced on the day on which he/she it occurs, up to a minimum of 7 hours, by compensating for the difference up to the 12 hours established in general in the following days. (Royal Decree 1561/95 of 21 September on special working days).

However, the provisions of Article 2 of Royal Decree 1561/95 will also apply to the system of rest periods.

3. Unanticipated absences.-Workers on a shift basis, unless manifest impossibility, must communicate with the maximum advance and diligence any incidence (absence, delays, etc.) affecting the relay system of their job and, failing this, confirm this end 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 24 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.

In the event that the absence of the relay is not known to the company 24 hours in advance, and provided that the Company's Directorate cannot proceed to its replacement, the outgoing worker must remain in the post. for the time necessary until the Management of the Company can proceed to its replacement. Companies may also adjust the time frames (quadrants) in the form provided for in the previous paragraph.

4. Rotation. -In companies with productive processes during the 24 hours of the day, in the organization of work and shifts will be taken into account the rotation of the same and that no worker will be in the night more than two consecutive weeks, except voluntary membership (Article 36.3 of the Workers ' Statute).

5. Travel of holidays. -Companies, when making the quadrants, will be able to move the holidays worked throughout the calendar year.

6. Workers who perform duties on a "continuous process" basis, as defined in point 1. of this Article, shall have minimum guaranteed wages per group for all concepts consisting of the following: annual amounts:

Euros/year

Group 1

17.773, 97

Group 2

18.783.85

Group 3

20.082.28

Group 4

21.957.77

Group 5

24,554.64

Group 6

28.161.37

Group 7

33,499.32

Group 8

41.578.39

This SMG shall be composed of all the concepts paid to the employees of each company, in normal or normal activity in unmeasured jobs, including the nocturnity.

The following concepts are not included in these SMGs: Antiquity, plus of dangerousness and/or toxicity, Job Position Complement (CPT) referred to in Article 33 of the Collective Agreement, sales commissions and incentives, unless that incentive is a fixed concept which is perceived by workers to be normal or normal in the case of unmeasured work.

The difference between the Guaranteed Minimum Wage Table of the workers in shifts and the Table of Guaranteed Minimum of the rest of the workers corresponds to the work on shift throughout the year, so that Guarantee shall be applicable in proportion to the number of days worked per shift on the total number of days corresponding to the same.

7. Process of shifts other than the continuous process: In accordance with Article 36.3 of the Workers ' Statute, work is understood as a shift in the form of organisation of the work in a team according to which the workers occupy successively. the same jobs, according to a certain rhythm, continuous or discontinuous, implying for the worker the need to provide their services in different hours in a certain period of days or weeks.

Those companies that develop their activity in any rotating shift system other than the continuous process and that meet the requirements set out in the previous paragraph, must pay the affected workers in The concept of plus of tournicity the minimum amount of 1.15 € per day effective worked in shift regime. The amounts paid for this turnicity plus, in accordance with Article 33.I. 1, paragraph 1.1 (Note A), form part of the gross wage bill of the undertakings.

They shall be compensable and absorbable for the purposes of compliance with the turnness plus established here any amount that the companies already have paid to the workers and that pay or are linked to the shift work, whatever their name is.

In addition, the quantities of nocturnity shall be paid in respect of the actual nights worked according to the provisions of Article 40 of this Convention.

8. Implementation of a new system of shifts or changes/abolition of existing ones: In the development of the provisions of Article 41 of the Staff Regulations, undertakings which do not come into work on a shift basis may implement any of the systems described in paragraphs 1 and 7 above, in such cases, shall provide the workers ' representatives as well as those directly concerned at least 15 days in advance. From the time of application of the new shift arrangements, the SMG or the turnness plus, referred to in this Article, shall be paid to the workers concerned, in each case, and without, in order to achieve these, possible absorb amounts of the worker's Plus Convention and/or personal supplement.

The provisions of the preceding paragraph shall also apply to those cases of undertakings which have been working in one of the shift systems defined in paragraph 1 and decided to abolish it or to switch to another. of the latter.

The SMG and the turnover plus referred to in this Article shall not be consolidated for the assumption of those workers who cease to provide services in turn processes, understanding for those defined in the paragraphs 1 and 7 of this Article. However, in the case of an end to the provision of ongoing services, the worker shall be entitled to compensation equivalent to the difference between a subsuality of the SMG from the previous paragraph and a monthly payment from the SMG of the Article 32. In the case of cessation of the provision of services in any of the shift systems defined in paragraph 7 above, the worker shall be entitled to compensation equivalent to a monthly allowance of the amount of the turnover plus receiving, unless it is passed on from one of those systems of shift to the continuous process and, in which case, it will receive the SMG from the previous paragraph 6 to compensate for the new situation and for the duration of the new situation.

9. Women who are pregnant or breastfeeding should be given priority in the choice of shift according to the provisions of Article 26 of the Law on the Prevention of Occupational Risks and 10 of the Law on the Reconciliation of Work and Family Life. Similarly, persons with an officially recognised disability, those with minors or persons with disabilities to their sole office and students, when the application is permanent, shall have such priority, have a permanent job, and allow the needs of the service.

Article 45. Greater utilization of productive capacity. Work on Saturdays.

In companies where workers ' representatives have not been agreed to a work system for weekends and/or holidays, and in which there are proven reasons for production, market and organization of the work that motivate, among others, the usual performance of Extra Hours during weekends and/or holidays, it is understood that it is necessary to increase the production, at a certain moment or permanently, through a greater use of the installed production capacity. To this end, before taking any action to change the current working arrangements, such problems will be discussed and the way to resolve it with the workers ' representatives, which can be achieved by:

-New hires of duration equivalent to the new detected needs of a temporary nature, to which it will be applicable as set out in Article 44.6.

-An irregular day deal.

-A shift system.

-Using the flexible hours bag in accordance with article 42.3.

The implementation of these systems of work to cover certain activities will be incompatible with the performance of Extra Hours (except those of force majeure), employment of ETT workers or subcontracting, in such activities. and for the functions performed by the affected workers to the new work system.

The flexible hours bag will be used in the unpredictable needs scenarios so that, in addition to the rule set in the art. 42.3, the following shall be taken into account:

An offer will be made to the template set to cover such needs with workers who are willing to perform the activity that is required.

In the case of not meeting with volunteers, the company will be able to use the flexible hours bag up to a maximum of 4 Saturdays per year for each worker.

In both cases the compensation for each hour worked will be 2 hours of mandatory rest.

Article 45a. The individual time bag available.

1. The individual available time bag is made up of all hours of compulsory rest, be it those arising from the recovery, be it those arising from the compensation for flexible hours, overtime or long hours. agreed. In the event that free days of free disposition are agreed upon in the company or if the annual work calendar is drawn up, they will become part of the bag, for their individual enjoyment, unless the enjoyment is agreed upon. collective of all days or part of them.

This individualized flexible hours bag system will also operate for workers with a given time job contract.

2. Notification to workers ' representatives.

The management of the company shall communicate in writing to the employees ' representatives the individual time-bags available and their use on an annual basis.

3. The individual bag may be enjoyed for personal and/or family needs. The corresponding compensatory rest periods shall be enjoyed on full days, with the aim of fixing them by agreement between the undertaking and the worker concerned. In the event of disagreement, the workers will enjoy the dates indicated by the worker seven days in advance. In the latter case of disagreement, the days or hours of rest may not be cumulated with bridges or holidays.

The hours of compensation generated within the first eight months of the calendar year must be enjoyed within the latter and those generated in the last four months of the calendar year can be enjoyed within the first 6 months. months of the following calendar year.

Article 46. Work Calendar.

Within one month, starting from the publication of the official calendar in the "Official State Gazette" or Official Bolletins, which in each case correspond, the companies will point out, with the intervention of the representatives of the workers, the work schedule for the following year.

This calendar should include local parties and business dates for the enjoyment of the holidays, as well as the fixing of the breaks.

The calendar will also include special days as well as those of workers whose regular activity is developed outside the workplace.

The calendar should be displayed in the work center throughout the year.

Article 47. Holidays.

The paid annual leave scheme of the staff affected by this Convention shall be 30 calendar days. From this vacation, at least, fifteen calendar days will have to be enjoyed uninterruptedly between the months of June to September, except the assumption of those companies that have agreed with the representatives of the workers a calendar to provide for a different distribution of the holiday and for which it will be agreed.

When the holiday period fixed in the company's holiday calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the contract (a) the work provided for in Article 48.4 and 48.bis of the Staff Regulations shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit to be granted to him or her corresponds, at the end of the period of suspension, even if the calendar year is over correspond.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which they correspond, the worker may do so once his incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated.

Annual vacation may not be compensated in cash.

Workers who on the date determined for the enjoyment of the annual vacation would not have completed an effective year in the company's workforce will enjoy a number of days proportional to the time of service provided.

In the event of the closure of the working centre for holidays, the Directorate of the Company shall record the staff who, during that period, have to carry out necessary works, works of business, etc., in particular concertation with the interested the most convenient way of your annual vacation.

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

The holiday distribution table will be displayed at least three months in advance in the bulletin boards, for the knowledge of the staff.

For the payment of the holiday period the same regime established in the companies for the payment of assets will be followed in the non-holiday period, although the workers will be entitled to receive advances on account without may exceed 90 per 100 of the corresponding salary.

The holidays will be paid according to the average earned by the worker for all the concepts in normal working hours, in the three months worked prior to the date of initiation of the same, with updated values in any case per year in progress.

Staff with a right to vacation, who will cease in the course of the year, will be entitled to the proportional portion of the vacation, according to the number of months worked, and the fraction of the vacation is completed as a whole month. In the event of the worker's death, this amount shall be met by his or her rightholders.

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

CHAPTER VII

Licenses and Exceeds

Article 48. Licenses.

The worker, advising on possible advance, may be absent from work, entitled to remuneration, for any of the reasons and for the time set out below:

1. Fifteen calendar days in marriage cases.

2. Two days by birth of children, one of which must coincide with a working day for the purposes of registration, and may be extended up to four in the case of surgical intervention (caesarean section) or disease diagnosed as optional, or where the You need to make a shift to the effect. In the latter case, the following criterion will be followed for the extension of this license: displacement of 100 to 200 Km., 1 additional day; more than 200 Km. 2 additional days, and all this except judicial resolution against or pact in the company taking into account the specific location of the population and the hospital. In the case of hospitalization of the mother, the days of leave by birth may be enjoyed on a continuous or alternate basis for the duration of the hospitalization.

3. Two calendar days in the case of hospitalization or surgical intervention without hospitalization that requires home rest, accident or serious illness diagnosed by an optional or death of, in any of the mentioned cases, relatives until the second degree of consanguinity or affinity, which may be extended up to four when the need for displacement is necessary, following in the latter case the rules set out in the previous paragraph as regards the distances and the extension of the license.

4. A natural day in the case of marriage of children, parents or siblings of the worker or their spouse on the date of the celebration of the ceremony.

5. For one day by moving from your usual address.

6. For the time indispensable for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage. Where a specific legal or legal standard is established, as is the case for the exercise of the right to vote, it shall be available for the duration of the absence and the financial compensation. In the rest of the cases, workers who, on the day before, are assigned a public and personal inexcusable duty, are assigned a night shift. They will be able to enjoy paid leave during the last night, provided the summons The corresponding duty is earlier than 14:00 hours.

7. For the time required for the attendance of examinations when the worker regularly curse studies to obtain an academic or professional degree. When the worker has to carry out the examination of a movement of more than 100 kilometres from his home, this licence shall be granted for the full day. Workers who on the day before the examination are assigned night shift may enjoy paid leave during the latter, provided that the call for the examination is earlier than 14:00 hours.

8. For the time required for the completion of prenatal tests and preparation techniques to be carried out within the working day.

9. For the time required to accompany a doctor's office to a first-degree relative who is in charge of the worker, as long as the office hours are matched with that of his or her working day.

The following criteria will be taken into account for the enjoyment of this license:

a) That is applicable to the spouse's accompaniment when meeting the remaining requirements mentioned in this section.

(b) The first-degree spouse or family member shall be deemed to be "in charge" of the worker for the purposes of the accompanying measures in the case of persons presenting a real need for such support on grounds of age, accident or illness that causes you to be unable to fend for yourself and is not in a position to go to medical visit alone.

c) There must be a patient's coexistence at the worker's home or similar situation that shows a high degree of dependence on the worker in his/her daily life and/or daily life, as may be the case for parents Elderly people who remain in their homes or nursing homes.

(d) The family member shall not be understood to be in charge of the worker where the worker is required to make a posting on the terms in which this concept is defined in paragraph 2 above to accompany his spouse or family member. medical visit.

e) The situation of the need for accompanying, either before or after, by means of certification or an official document of an optional document certifying that the condition or circumstance of the family member prevents the person from being able to to go to the consultation unaccompanied for the reasons indicated.

f) In the case of age it is understood that there is dependency and therefore the need for accompaniment to the legal majority, that is until the age of 18.

10. In the case of births of premature infants or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the work for an hour.

As for those referred to in numbers 1 to 3 of the previous paragraph, in duly accredited extraordinary cases, such licences shall be granted for as long as necessary under the circumstances, the conditions under which conditions are met. The non-perception of haberes can be agreed upon.

When the event causing the license occurs in another country, the license will be extended to 6 days, of which 4 will be paid and 2 will have the character of unpaid leave and may be extended by mutual agreement between company and worker with this non-repaid character when the country under consideration and the available means of communication so require.

Except in agreement with the employees ' representatives, the remuneration to be paid in the cases of licences referred to in this Article shall be made up of the totality of the remuneration of a fixed character to be paid for ordinary working and normal business, only those supplements of a variable nature and/or perceived by the effective provision of the work are excluded.

For the purposes of the enjoyment of the license for hospitalization of relatives up to the second degree of consanguinity or affinity referred to in the third paragraph, the following criteria shall be taken into account:

(a) Only hospitalization shall be understood as the stay in a hospital, with a part of income, for 24 hours or more.

(b) The care or stay of a relative in the emergency room does not entail hospitalization unless it is longer than 24 hours and, therefore, only in the latter case is the right to the license for hospitalization provided in paragraph 3 of this Article.

c) For the enjoyment of the license it will be necessary to provide the corresponding part of the entrance in the hospital center of the relative of the worker, that justifies their stay in the dependencies of the same.

d) The hospitalization assumptions refer to each of the hospitalizations of the affected family member, without difference according to the causes that originate from the same or different.

In all the cases of licences referred to in this Article, the commencement of the enjoyment of the licence must coincide with the commencement of the causative event, except in the case of hospitalization where the licence may be subsequently enjoyed, but always and when at that time the causative fact persists, that is, the hospitalization of the relative until the second degree of consanguinity or affinity, being able to be enjoyed in the latter case, at the choice of the worker, on successive days or not and provided that sufficient notice is given.

In all cases referred to in this Article, the right to paid leave shall be recognised for both conventional marriages and legally registered partnerships in public registers created or that may be created for the purpose in any geographical area or, in the absence of such a geographical scope, to those accredited by public notarial deed jointly granted, and the established requirements must be demonstrated in a manner to the undertaking. previously for the appropriate license enjoyment.

In the cases of the licence referred to in paragraph 1 of this Article, the worker must submit to the undertaking written application, together with the supporting documents of his situation, within the maximum period of one month. counted from the day following the date of the registration of the stable union, otherwise prescribing their right.

Article 49. Reduction of Day for family reasons.

1. Workers, who are breastfeeding for a child under nine months of age, shall be entitled to an hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases. Whoever exercises this right, by his will, can replace him with a reduction of his working day in an hour for the same purpose. This permit may be enjoyed by either the mother or the father in case both work.

Workers who have the right to this reduction of daily working time may replace it, at their will, for a period of paid leave equivalent to the sum of each of the daily hours; the enjoyment of this The right to be entitled to maternity leave or paternity leave must necessarily be the case. The exercise of this right shall be communicated to the undertaking at least one month before the start of the exercise.

This permit constitutes an individual right of workers, men or women, but may only be exercised by one parent in case both work.

2. Those who, for reasons of legal guardian, have a direct care of a person of less than 12 years or a person with physical, mental or sensory disabilities, who do not carry out a paid activity, shall be entitled to a reduction in the working day, unless otherwise agreed, with the proportional reduction of the salary between, at least, an eighth and a maximum of half the duration of that. This reduction in working time can be enjoyed in full days if there is agreement between worker and company.

It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

The parent, adopter or welcoming of a pre-adopted or permanent nature, shall be entitled to a reduction of the daily working day, unless otherwise agreed, with the proportional reduction of the salary of at least half of the the duration of that, for the care, during the hospitalization and continued treatment, of the child in his or her care affected by cancer (malignant tumours, melanomas and carcinomas), or by any other serious illness, involving a hospital admission long duration and requires the need for their direct, continuous and permanent care, accredited by the report of the Public Health Service or administrative body of the Autonomous Community and, at most, until the child is 18 years old. By mutual agreement between the company and the worker, the accumulation of this permit can be agreed in full days.

The reductions in working hours referred to in this Article constitute an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

3. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time, as provided for in paragraphs 1 and 2 of this Article, shall be the responsibility of the worker within his/her ordinary day. The worker shall be required to notify the employer 15 days in advance of the date on which he/she will return to his/her ordinary day.

The discrepancies between the employer and the worker regarding the time and the application of this article will be resolved by the procedure provided for by law.

4. The use of this right shall not entail any loss of other rights, in particular those of professional training and updating, other than those arising from the reduced working day itself or incompatible with the new reduced working hours of the worker.

5. The worker who is the victim of gender violence will have the right, to make effective her protection or her right to comprehensive social assistance, to the reduction of the working day with a proportional reduction of the salary in the time she considers necessary and without application of the maximum and minimum limits laid down in paragraph 2 above.

6. At the end of the day reductions referred to the worker, the worker shall be entitled to enter the same terms and conditions at his/her job.

7. The provisions of Article 37 of the Staff Regulations shall apply to the provisions of Article 37 of the Staff Regulations.

Article 50. Suspension of the maternity contract, risk during pregnancy, risk during natural lactation of a child of less than nine months and adoption or welcome.

1. In the course of delivery, the suspension will last for sixteen weeks uninterrupted, extended in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without that the party which the mother had been able to enjoy before the birth was neglected. In the case of the child's death, the period of suspension shall not be reduced unless, after the end of the six-week compulsory rest period, the mother is required to return to her job.

However, and without prejudice to the six weeks immediately following the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother. The other parent may continue to make use of the period of maternity leave initially transferred, although at the time provided for the return of the mother to work, the mother is in a situation of temporary incapacity.

In the event that the mother does not have the right to suspend her professional activity entitled to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract. for the period which would have been for the mother, which shall be compatible with the exercise of the right recognised in the following Article.

In cases of preterm birth and in those in whom, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension may be computed, at the request of the mother, or in the absence thereof, of the another parent, as of the date of discharge. It is excluded from that calculation the six weeks after the birth, the compulsory suspension of the mother's contract.

In cases of preterm birth with a lack of weight and those other in which the neonate requires, for some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension is will extend in as many days as the born is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which it is regulated.

In the cases of adoption and acceptance provided for in Article 45.1 (d) of the Staff Regulations, the suspension shall be for an uninterrupted period of 16 weeks, which may be extended in the case of adoption or acceptance. multiple in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without No case of the same minor may be entitled to several periods of suspension.

In case both parents work, the suspension period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to childbirth, adoption or acceptance. multiple.

In the case of disability of the child or of the child adopted or received, the suspension of the contract referred to in this paragraph shall be for an additional duration of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

The periods referred to in this paragraph may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine.

In cases of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this paragraph, may be initiated. up to four weeks before the resolution for which the adoption is constituted.

Workers will benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in this Article, as well as those provided for in the contract. the following paragraph and Article 50a.

In the event of risk during pregnancy or risk during natural lactation, in the terms provided for in Article 26 of Law 31/1995 of 8 November, Prevention of Occupational Risks, the suspension of the contract the end of the day on which the suspension of the birth contract is initiated, or the infant shall be nine months old, respectively, or, in both cases, where the worker's inability to return to her previous post or to her another compatible with their status.

Article 50a. Suspension of the paternity contract.

In the cases of child birth, adoption or acceptance in accordance with Article 45.1 of the Workers ' Statute, the worker shall be entitled to the suspension of the contract for 13 uninterrupted, extensible days. in the case of childbirth, adoption or multiple reception in two more days for each child from the second. This suspension is independent of the shared enjoyment of the maternity rest periods regulated in the previous article.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the rest period covered by the preceding article is fully enjoyed by one of the parents, Parents, the right to a paternity suspension may only be exercised by the other.

The worker exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the adoption or from the administrative or judicial decision of the host country, until the end of the suspension of the contract regulated in the previous article or immediately after the termination of that suspension.

The suspension of the contract referred to in this Article may be enjoyed on a full-time basis or on a part-time basis of at least 50%, subject to agreement between the employer and the worker, and determine in the legislation in force.

The worker must inform the employer, as far as possible, the exercise of this right.

Article 51. Suspension of the contract of the worker victim of gender-based violence.

The period of suspension shall have an initial duration which may not exceed six months, unless the proceedings of judicial protection have resulted in the effectiveness of the victim's right of protection requiring the continuity of the the suspension, in this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

Article 52. Unpaid leave.

You may apply for unpaid leave with a maximum duration of three months for workers who, having passed the probationary period, will take the company's service for more than six months. The maximum duration of this licence may be extended to a maximum of one year by mutual agreement of worker and company.

The companies will resolve the requests made in this respect, except that the granting of licenses will seriously affect the production process or they will find themselves enjoying this right to a number of workers equivalent to 2 per 100 of the workforce, or a worker in work centres of less than 50 workers.

To be entitled to a new license, at least two full years must elapse from the date of termination of the previous one.

Likewise, when the care required by the family members indicated in the first two paragraphs of Article 54 of this Collective Agreement does not entail long and continuous periods of care, licenses may be requested. without pay prior to the justification of such care.

In addition to the provisions of Article 50 of this Convention, and irrespective of the provisions of the preceding paragraph, they shall be entitled to leave without pay the national or national adoption or acceptance scenarios. during the time necessary for the completion of the necessary administrative procedures. However, in cases of adoption or national acceptance the licence may not exceed 15 days and in international cases for two months.

Article 52a. Unpaid leave for the female victim of gender-based violence.

A worker who is a victim of gender-based violence, as long as she has such a legally recognized status, will be entitled to unpaid leave that is necessary to assist social, police or health services, prior to accreditation of their need.

Article 53. Excess.

Workers with a year of service may apply for voluntary leave for a minimum of four months and not more than five years, not for the duration of this situation to any effect, and without any case can occur in fixed-term contracts.

The requests for excess will be resolved by the company within one month.

The worker who does not apply for re-entry before the termination of his or her surplus will cause the company to be permanently low. In order to benefit from other voluntary leave, the worker must cover a further period of at least four years of effective service in the undertaking.

When the worker so requests, the re-entry will be conditional on the vacancy in his professional group; if there is no vacancy in the professional group and if at the bottom, the surplus may choose to occupy this place with the the corresponding salary until a vacancy occurs in his or her professional group, or not re-entered until such vacancy occurs.

Likewise, in the event that it has become vacant in a non-indefinite contractual mode, the worker may choose to join it for the duration of such temporary employment, and without the exercise of this possibility distorts the provisions of the preceding paragraph to fill an indefinite contractual mode vacancy as soon as it occurs.

In any case, the company will be obliged to reply in writing to the worker's reentry request.

Article 54. Leave of absence for family care.

Workers shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, whether by nature, or by adoption, or in the case of a reception, either permanent as a preadoptive, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than three years, workers to care for the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or disease cannot be used by itself, and does not carry out paid activity.

The excess referred to in this paragraph, the period of which may be enjoyed in a split form, constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, whose participation must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. On the expiry of that period, the reserve shall be referred to a post of the same professional group.

Article 55. Special excess.

It shall give rise to the situation of special leave of staff of the appointment for public office, where its exercise is incompatible with the provision of services within the undertaking. If there is a discrepancy in this respect, the competent jurisdiction shall decide. The excess shall be prolonged for the duration of the charge which determines and entitles it to occupy the same place as the worker does when such a situation occurs, and the time which has remained in that position is calculated as an asset to all the effects. The re-entry must be requested within the month following that of his or her cessation of public office.

Article 56. Medical office assistance.

When, due to illness, the worker requires medical practice in hours that coincide with those of his or her working hours, the companies will grant, without loss of pay, the necessary permission for the time. It is necessary to have the same with the corresponding flyer endorsed by the optional, or duly accredited staff whether or not they are Social Security. The licence referred to in this Article shall not be entitled if the assistance for medical consultation takes place in a private centre and the optional person chosen by the worker ensures the care both in the hours of tomorrow and in the afternoon.

CHAPTER VIII

Disciplinary regime

Article 57. Regime of faults and sanctions.

Workers may be sanctioned by the Company's Directorate in accordance with the graduation of faults and penalties that are set out in the following articles.

Article 58. Graduation from fouls.

Any failure committed by a worker shall be classified, taking into account its importance, significance and intention, in light, severe or very serious.

Article 59. Minor fouls.

The following are considered minor faults:

1. Up to three non-justified errors of punctuality in the incorporation to the work, in a period of thirty days, provided that these delays do not result in serious damages for the company and in which case it will be qualified as a serious fault.

2. Do not take appropriate leave in due time when the work is missing for justified reasons, unless it is proved impossible to have done so.

3. The abandonment of service without cause founded, even if for a short time. If, as a result of the case, any consideration was given to the undertaking or cause of accident to its co-workers, this fault may be regarded as serious or very serious, as the case may be.

4. Small neglects in the preservation of the material.

5. Lack of grooming and personal cleansing, where such a nature may affect the production process of the company.

6. Do not attend to the public with due diligence and correction.

7. Do not communicate to the company changes of residence or domicile.

8. Discussions on foreign affairs to work within the company's dependencies. If such discussions produce a notorious scandal, they may be considered as serious or very serious.

9. Missing work one day per month without cause for justification.

10. Failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, provided that it is of serious importance for the physical integrity or health of workers.

11. The use of the enterprise-owned IT media (e-mail, Intranet, Internet, etc.) for purposes other than those related to the content of the labour supply, with the exception of the provisions of Article 82.2.

12. Failure to comply with the express prohibition of smoking in the workplace in spaces, areas or dependencies where work and/or production activities are not developed.

Article 60. Serious fouls.

The following are serious faults:

1. More than three unjustifiable faults of punctuality, in a period of thirty days.

2. Absences without cause, for two days for a period of 30 days.

3. Do not communicate with the punctuality due to the changes experienced in the family that may affect the Social Security. Malicious misconduct in this data is considered to be very serious.

4. Give yourself to games or distractions at work hours.

5. Disobedience to their superiors in any matter of work or failure to comply with internal regulations when the worker has previously been informed of their existence and content. If it involves a manifest breach of the discipline or of the discipline, it may be regarded as a very serious matter for the undertaking.

6. Simulate the presence of another worker, by signing, answering, or signing by.

7. Neglect or neglect at work that affects the good running of the service.

8. Recklessness at work; if there is a risk of accident to the worker, to his or her companions or danger of damage to the facilities, it may be considered to be very serious.

9. Perform, without the appropriate permission, particular jobs during the day, as well as employ company tools for own uses.

10. The drunkenness out of act of service, wearing the uniform of the company, provided that in the uniform can be identified to the company.

11. The recidivism in a slight lack (excluding the punctuality), even if it is of different nature, within a trimester and having mediated written communication.

12. Failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, where such non-compliance is at risk of serious harm to the safety and health of workers.

13. Not to comply with the express prohibition of smoking in the workplace in spaces, areas or dependencies where work and/or productive activities are carried out. In the event of a repeat within a period of 12 months, or where such a serious and imminent risk for safety is concerned, it shall be considered to be very serious.

Article 61. Very serious fouls.

The following are considered to be very serious:

1. More than ten unjustifiable faults of punctuality, committed over a period of six months or twenty for a year.

2. Absences without cause, for three or more days, for a period of 30 days.

3. The simulation of illness or accident.

4. Fraud, disloyalty or breach of trust in the management and theft or theft, both the company and the co-workers or any other person within the company's premises or during work in any other place.

5. Make the company disappear, disable, destroy or cause damage to the company's first materials, tools, tools, machinery, appliances, installations, buildings, articles and documents.

6. The conviction for the offence of theft, theft or embezzlement committed outside the company, or any other kind of facts which may involve such distrust in relation to its author, and, in any case, the duration of more than six years given by the Courts of Justice.

7. The continued and usual lack of grooming and cleaning of such a nature that produces justified complaints from colleagues.

8. The usual drunkenness and/or drug addiction, if it has a negative impact on the job.

9. Violate the secret of the correspondence or reserved documents of the company or reveal to foreign elements to the same required reservation data.

10. The abuse of a word or deed, abuse of authority or a serious lack of respect and consideration for the bosses, companions, subordinates, relatives of any of them or the company itself, including those made by the use of any means.

11. Causing serious accidents through negligence or recklessness.

12. Abandon the job in a position of responsibility.

13. The voluntary and continuous decrease in the normal performance of work, provided that it is not motivated by the exercise of any law recognized by the laws.

14. He causes frequent squabbles and pendences with co-workers.

15. The reoffending in a serious fault, even if it is of a different nature, provided that it is committed within six months of the first and other than the previous six months as provided for in Article 60.13 above.

16. The abuse of authority by the bosses will always be considered to be very serious. The person who suffers it will immediately put it to the attention of the Company's Directorate.

17. Sexual harassment, identifiable by the situation in which any verbal, non-verbal or non-verbal behavior of a sexual nature occurs for the purpose or effect of attacking the dignity of a person, in particular when creating a Intimidating, hostile, degrading, humiliating or offensive environment. In an alleged sexual harassment, the continuity of the work of the person who is the object of the sexual harassment shall be protected.

18. Moral harassment (mobbing), with the understanding of any abusive behavior or psychological violence that is carried out in a prolonged manner in time on a person in the field of work, manifested through repeated behaviors, facts, orders or words that aim to discredit, disregard or isolate a worker in order to obtain a self-abandonment of work, producing progressive and continuous damage in his or her dignity or psychic integrity. It is considered an aggravating circumstance that the person exercising the harassment has some form of hierarchical authority in the structure of the company about the person being harassed.

19. Harassment by reason of racial or ethnic origin, sex, religion or belief, disability, age or sexual orientation to the employer or to the persons working in the company.

20. Failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, provided that such non-compliance is a serious and imminent risk to the safety and health of the workers.

In the cases provided for in the previous 18 and 19, companies which do not have an approved action protocol for such situations shall follow the provisions of Article 112 of this Collective Agreement.

Article 62. Sanctions regime.

It is up to the company to impose sanctions in the terms of the provisions of this Convention.

(A) The penalty of minor and serious misconduct shall require written written communication to the worker and that of the very serious misconduct shall require the processing of the file or summary procedure in which the worker concerned is heard compliance with the following procedure:

1. The Company's Directorate shall notify the affected worker in writing of the facts in which it may have incurred the expression of the possible precepts infringed.

2. This letter shall state the time available to the worker for the purposes of making the corresponding written statement of claims or statements of discharge in his defence and which may not be less than 3 days.

3. After the time allowed to make representations, the Management of the undertaking, assessing the reasons for having been made, shall notify the worker in writing of the decision of the file by stating, where appropriate, the (a) the final judgment of the Court of State for the purpose of the application of the judgment of the Court of State for the purposes of the judgment of the Court of Failure to observe the existence of punishable conduct shall also be notified in writing to the worker of the file of the file.

4. The Company will give an account to the workers ' representatives at the same time as the affected one, as well as to the union delegates of the union to which the worker belongs when the data of the affiliation is known by the company.

In any event, the company will account to the employees ' representatives in writing, at the same time as the affected one, of any penalty they impose.

B) For the sanction of serious or very serious misconduct by members of the Company's Committee, Staff Delegates or Trade Union Delegates of Article 10 of the LOLS, it will require the processing of contradictory conformity with the procedure laid down in Article 79.2.A of this Convention.

Article 63. Maximum penalties.

The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:

(a) For minor faults. -Verbal assembly, written warning, suspension of employment and salary up to two days.

b) For serious faults. -Suspension of employment and salary of three to fifteen days.

c) For very serious faults. -From suspension of employment and salary from sixteen to sixty days until the termination of the contract of employment in the cases where the fault is qualified to a maximum degree.

Article 64. Prescription.

The faculty of the company to sanction will prescribe for minor faults at ten days, for serious faults at twenty days and for the very serious ones at sixty days, from the date on which the company became aware of its commission, and in any case within six months of having been committed.

Article 65. Graduation of faults.

For the purposes of the graduation of faults, no account shall be taken of those that have been previously committed according to the following deadlines:

-Mild high: 3 months.

-Severe high: 6 months.

-Very severe high: 1 year.

CHAPTER IX

Safety and health care

Article 66. Safety and Health.

The protection of workers ' health is a basic and priority objective of the signatory parties and considers that to achieve this, the establishment and planning of preventive action in the centres is required. at work and in undertakings which have at last the disposal or reduction of the risks at their origin, on the basis of their assessment, taking the necessary measures, both in the correction of the existing situation and in the technical and organization of the company, to adapt the work to the person and protect their health. This objective is intended not only to meet the legal obligations and responsibilities of the actors involved in the company's framework, but also to promote a new culture of prevention that advances the development of the company. in the sector.

In all matters relating to the prevention of the health and safety of workers, the provisions of this Convention and any legislation in force at any time and, in particular, Law 31/1995 of 8 shall apply. of November of the Prevention of Occupational Risks, developed RD 171/2004, of January 30, as well as the RD 39/1997 on prevention services. Special attention should also be paid to the provisions of RD 374/2001 on protection against risks related to chemical agents during the work and related legislation in force.

In order to comply with the right to effective protection, the employer will be obliged to guarantee the safety and health of the workers in all aspects related to the work. This obligation will be implemented through the adoption, by the company, of the necessary measures in the field of risk assessment, planning of preventive activity, information, consultation, participation and training of the workers, acting in cases of emergency and serious and imminent risk, monitoring the health and organization of a preventive service.

In addition, the promotion and intensification of organizational, training, and pre-ventionist signs that allow staff to adapt to organizational changes are understood as priorities. technologies can bring with them preserving their physical, mental and social health, understood as the integral concept formulated by the World Health Organization.

For these purposes, both parties agree to address the application of the preceding paragraph, in line with the general criteria and declarations provided for in the above mentioned Law, as well as the following:

1. General principles.

In accordance with Articles 15 and 16 of the Law on the Prevention of Occupational Risks, companies shall apply the measures that integrate the general duty of prevention, in accordance with the following general principles:

The prevention of occupational risks must be integrated into the general management system of the company, in all its activities as well as in all the hierarchical levels of the company, through the implementation and implementation of a plan for the prevention of occupational risks. The occupational risk prevention plan shall include the organisational structure, responsibilities, functions, practices, procedures, processes and resources necessary to carry out the risk prevention action in the company, in terms that are regulated by law.

Avoid risks.

Evaluate those that cannot be avoided.

Combat the risks at source.

Adapt the work to the individual, in particular as regards the condition of the jobs, as well as the choice of the equipment and the working and production methods, with a view, in particular, to attenuating the work monotonous and repetitive and to reduce the effects of it on health.

Consider technical evolution.

Replace the dangerous with little or no danger.

Plan prevention, seeking a coherent set that integrates in it the technique, the organization of work, the working conditions, the social relations and the influence of environmental factors at work.

Adopt measures that put collective protection before the individual

Give due instructions to workers.

1.1 They shall be considered as reference values for the assessment and control of the risks inherent in occupational exposure to chemical agents as regulated in Royal Decree 374/2001 of 6 April 2001 on the protection of the health and safety of workers against the risks related to chemical agents at work, the limit values for environmental and biological exposure developed by the I.N.S.H.T. of the Ministry of Labour, in the document " Limits Professional exhibition for chemical agents in Spain " which annually updates and publishes the latter body.

1.2 In each work centre, and for each homogeneous area, the periodic recording of the exposure data shall be carried out with the methodology and periodicity that the Prevention Plan establishes. The results of the sampling shall be made available to the workers ' representatives.

1.3 All work in which, after the measurements contained in the previous article, the level of risk is serious, will be of exceptional and provisional nature, and in all cases must be determined, for the disappearance of this character, without any damage to the worker's employment situation. This will necessarily result in the absolute prohibition of overtime and any change of time that would result in an increase in risk exposure, above the normal pre-established work cycles.

1.4 The risks to the health of the worker will be prevented by avoiding: 1. the generation; 2. the emission, and 3. the transmission, and only ultimately the means of personal protection against them will be used. In any case, the latter measure shall be exceptional and transitional until such generation, emission and risk transmission can be cancelled.

1.5 Any enlargement or modification of the production process involving the incorporation of new technologies, the modification of working methods or procedures or the incorporation or replacement of chemical agents used, shall be carried out in compliance with the principle of improving the health and safety of workers.

When new technology is introduced, it will also add the protection techniques that such technology will carry.

1.6 The risk factors arising from the organisation and organisation of work as prevented by Article 4.7 of the LPRL shall be taken into consideration for preventive purposes.

By virtue of this and in compliance with the Law on the Prevention of Occupational Risks, psychosocial risks will have to be assessed and, where appropriate, the subject of preventive intervention, being avoided and combated at their origin as the remaining risks.

1.7 Any accident at work, occupational disease or other damage to the health of the worker, arising from the work, will require the adoption of all the measures necessary to prevent the repetition of such damage.

The corrective measures and technical reports that as a result of these accidents or occupational diseases are referred to the company by the persons or bodies responsible for the activity of protection and prevention of the the company, as well as the bodies responsible for the prevention of the health and safety of the workers, shall be provided by the same to the members of the Committee on Safety and Health within a maximum period of 10 days from its receipt. In the event of fatal accidents at work, the Company's Prevention Delegates, as well as a maximum of one representative appointed by each of the Industry Trade Union Federations which are signatories to the Convention, shall participate in the Commission of Research to be formed to this end.

1.8 Whenever there is an exposure to a serious and imminent risk to the health of the worker arising from the post and working conditions, he may use the Prevention Service and the Health and Safety Committee as a urgency. They will propose appropriate measures until the risk disappears.

When workers are or may be exposed to a serious and imminent risk on the occasion of the work, they shall be carried out in accordance with Article 21 of the LPRL.

Companies will study and put in place those systems that provide faster and more effective assistance for people who work alone, once they have assessed the possible risks of the position to which they may be subject. To this end, they shall take into account the time limits laid down for first aid and assistance as defined by the rules in force or, failing that, by technical methods or criteria in accordance with Article 5.3 of the R.D. 39/1997; as well as, they will try to minimize the risks by establishing the most appropriate means of control and assistance.

1.9 In the event that in a given manufacturing there are no rules and means to regulate the level of risk prevention requirements for foreign-parent subsidiary companies, they will be obliged to maintain the same levels and means as in their country of origin, with a guarantee in any case of national minimum standards.

In any newly created company or any new process that is implemented in the existing ones, if there are no legal regulations that regulate a level of demand in the field of risk prevention, the same ones will produce a project security and its prescriptive risk assessment, for the legal purposes to be carried out. The representatives of the workers will be informed of such a project to issue a report.

1.10 In the appropriate cases, it will take into account, in the matter of the day, the provisions of article 23 of Royal Decree 1561/95 of 21 September in relation to the limitations of the times of exposure to the risk.

Likewise, in cases where there is toxicity, penalties or dangerousness, it will be primarily aimed at eliminating and, where this is not possible, reducing such circumstances.

2. Prevention management.

In compliance with the duty to prevent occupational risks, the employer shall appoint, after consultation with the workers ' representatives, one or more workers to deal with such activity, (a) prevention or concern for such a service with a specialised entity other than the undertaking, in accordance with Article 30 of the Law on the Prevention of Occupational Risks.

Prevention services should be in a position to provide both the Safety and Health Committee and the company with the advice and support that they need based on the types of risk in it. Article 31.1 of the Law on the Prevention of Occupational Risks.

As provided for in Article 32a of the Law on the Prevention of Occupational Risks and the 22 bis of the Prevention Services Regulation, the presence in the workplace of preventive resources, whatever the mode of organization of those resources, it will be necessary in the following cases:

(a) Where the risks may be aggravated or modified in the development of the process or the activity, by the concurrence of different operations that are developed successive or simultaneously and which make the control of the correct application of the working methods.

(b) Where activities or processes are considered to be hazardous or with special risks and defined in Article 22a of the Prevention Services Regulation.

(c) Where the need for such presence is required by the Labour and Social Security Inspectorate, if the circumstances of the case so require due to the working conditions detected.

3. Prevention Delegates.

3.1 The Prevention Delegates shall be chosen from among the establishment plan, by the workers ' representatives in accordance with the scale set out in Article 35 of the Law, with the exception of the 50 to 100 tranche. workers in which the number of prevention delegates will be three. In the workplace of up to thirty workers, the Delegate of Personnel will be the Delegate of Prevention and in the work centers in which the number of workers will be between thirty and one and forty and nine will be a Delegate of Prevention which will be chosen by and among the staff representatives. In any event, in this section and during the term of this Collective Agreement, the representatives of the workers may maintain the designations of Delegates of Prevention made so far between the staff's staff.

3.2 As far as your powers and powers are concerned, you will be subject to the provisions of Article 36 of Law 31/95.

3.3 It will be applicable to the Delegates of Prevention as provided for in Article 37 of the Law of Prevention 31/95, as representatives of the workers. They may use trade union hours for the development of their activity as such. Where the staff delegates or the business committee appoint as delegates of prevention to workers of the workforce without trade union representation, their decision shall at the same time entail the transfer of the trade union hours necessary for such workers can develop their function.

However, in any event, it shall be considered as an effective working time, without imputation to the credit schedule, corresponding to the meetings of the Committee on Safety and Health and any other meetings convened by the Committee. (a) an employer in the field of risk prevention, as well as the employer for the visits provided for in Article 36 (2) (a) and (c) of Law 31/1995 of 9 November 1995.

In addition, the employer must provide the Prevention Delegates with the means and training in preventive matters that are necessary for the exercise of their duties and which are determined in each company according to the specific characteristics of production in relation to occupational safety and health. Training must be provided by the employer either by his or her own means or by means of a concert with public or private bodies or bodies specialised in this field and must be adapted to the development of risks and the emergence of new ones, regularly repeated if necessary. The Prevention Delegates shall provide proof of their assistance to the training actions carried out in this regard and the time spent on it shall be considered as effective working time for all purposes and their cost shall not be borne by the no case on them.

4. Committee on Safety and Health.

4.1 In the centres of fifty or more workers, a Committee on Safety and Health shall be set up, which shall be composed, as provided for in Article 38 of the said Act, by the Prevention Delegates, on the one hand, and by the employer and/or their representatives in number equal to that of the other's Prevention Delegates.

Participate with voice but no vote in the meetings of the Committee on Safety and Health: the Trade Union Delegates, the technical officers of prevention in the company (not included in the composition of the Committee on Safety and Health), workers with special qualifications or information on specific issues to be discussed, as well as a maximum of two advisors, together with prevention technicians outside the company, provided that they so request one of the representations in the and without the assistance of the latter involving any expenditure for the company, except for agreement. The meeting shall be at least quarterly, provided that it is requested by one of the representations therein. The Committee shall adopt its own rules of operation.

In companies that have several work centers equipped with the Committee on Safety and Health, they will be able to agree with their workers to set up an Inter-Centers for Safety and Health Committee with the functions that the agreement will have. attribute.

As regards the powers and powers of the Committee on Safety and Health, the provisions of Article 39 of the Law on the Prevention of Occupational Risks shall apply.

4.2 The employer, in order to comply with the duty of protection laid down in the Law of Reference, shall take appropriate measures to ensure that workers receive all the necessary information in relation to the provided for in Article 18 (1) and (2) below.

4.3 In companies with less than 50 employees, the company will meet at least quarterly with the prevention delegate to analyze the issues related to safety and occupational health, allowing for the participation of trade union advisers meeting the requirements of Article 76.1 of this Collective Convention, and in the terms and conditions of point (c) of that provision

4.4 Prevention services shall advise the Committee on Safety and Health at its own initiative or when required by it, presenting the relevant written reports to the Committee.

4.5 Companies shall provide the members of the Safety and Health Committee, at least 15 days before their implementation, with the list of protocols applicable for each job or activity, depending on the risks involved. inherent to them.

5. Prevention of Occupational Risks, Surveillance and Protection.

In these matters, the provisions of Articles 14, 15 and 16 of the Law on the Prevention of Labor Risks shall be governed by the provisions of Articles 14, 15 and 16 of the Law on the Prevention of Labor Risks.

With the aim of achieving the integration of preventive activity, the Company's Directorate, which is technically advised by the Prevention Services, will prepare:

a) A plan for the prevention of occupational risks: The risk prevention plan will be the document on which all preventive action will be articulated, understanding that what ensures the integration of prevention is not the document in itself, but its management and real application in the company.

b) The initial assessment of the risks to the safety and health of workers in the workplace: The employer must carry out an initial assessment of the risks to the safety and health of workers, having In general, account must be taken of the nature of the activity, the characteristics of the existing jobs and of the workers who are required to perform them. The same assessment should be carried out on the occasion of the choice of the work equipment, the chemical substances or preparations and the conditioning of the workplaces. The initial assessment shall take into account those other actions to be carried out in accordance with the provisions of the rules on the protection of specific risks and activities of particular hazard. The assessment shall be updated when the working conditions change and, in any case, shall be submitted for consideration and shall be reviewed, if necessary, on the occasion of the health damage that has occurred.

If the results of the assessment provided for in the previous paragraph show risk situations, the employer shall carry out the necessary preventive activities to eliminate or reduce and control such risks. Such activities shall be the subject of planning by the employer, including for each preventive activity the time limit for carrying out such activities, the designation of the persons responsible and the human and material resources necessary for their implementation.

c) Planning for preventive activity.

d) Periodically, the memory of the general plan and the annual programmes will be drawn up.

The organizations that are signatories to this agreement will encourage their members to attend training courses on this subject.

In accordance with Article 29 of the Law on the Prevention of Occupational Risks, it is up to each worker to ensure, according to his or her possibilities and through compliance with the preventive measures that are adopted in each case, by his own safety and health at work and those of other persons to whom he may affect his professional activity, because of his acts and omissions at work, in accordance with his training, the instructions of the employer and the Provisions of the Safety and Health Committee.

The Company's management shall give all this to the representatives of the workers and the Joint Committee on Safety and Health, within the maximum period of 6 months after the publication of the Convention in the B.O.E., to ensure that The Committee may draw up a White Paper on this subject.

6. Coordination of business activities.

6.1 In application of art. 24 of the Law on the Prevention of Occupational Risks, developed by Royal Decree 171/2004 and which establishes the business obligations of coordination in the field of prevention, the management of the company in whose work centers develop their The activities of other undertakings, i.e. ancillary undertakings, services, contracts and sub-contractors, shall carry out regular monitoring of the application to these workers of the safety and health rules relating to the activity which carried out, presenting the balance of this follow-up in the Committee on Safety and Health company at the same frequency as the company's own template.

For the purposes of the above paragraph and for the proper monitoring of the application of the rules on the prevention of occupational risks, the concurrent companies in the same working center, after consultation in the Committee on Safety and Health, will necessarily have to go to some of the means of coordination established in article 11 of Royal Decree 171/2004, of January 30, for which the article 24 of the Law 31/1995 of prevention of risks is developed labor.

6.2 In those workplaces with more than 200 workforce, where the nature of the work carried out is particularly complex or dangerous and the number of workers in other auxiliary enterprises, of service, contracts and subcontracts, exceeds for a period of more than three months 30% in relation to the total workforce of the principal undertaking, is declared as a means of coordination for the fulfilment of Article 24 of the Law of Prevention of Occupational Risks and its Regulatory Development by Royal Decree 171/2004, the the establishment of an Intercontracted Safety and Health Committee.

The Committee on Security and Intercontracted Health will have a maximum of 12 members of which 6 will be appointed by and among the representatives of the addresses of the concurrent companies and, the other six, by the Federations more representative trade unions who organise the workers of these companies from among the Delegates of Prevention of the same. This Committee on Intercontracted Safety and Health will meet quarterly with the Safety and Health Committee of the main company for the purpose of assessing compliance with the safety and health regulations, limiting its functions to analyze the problems common to all workers who are active in the field of the main undertaking and propose measures which are deemed appropriate. The meeting shall be chaired by the Chairman of the Safety and Health Committee of the main undertaking.

6.3 Safety and occupational health monitoring will also be carried out, with the corresponding information to the Committee on Safety and Health at work, of the workers who carry out their activities outside the centre of the job.

7. Health Surveillance.

7.1 The employer shall ensure that workers at their service are regularly monitored for their health in the light of the risks inherent in the work, in accordance with Article 22 of the Law on the Prevention of Occupational Risks.

Surveillance can only be carried out when the worker gives his or her consent, after information on the medical tests to be carried out and the purpose of the tests. Only the cases referred to in Article 22 of the LPRL shall be exempt from this voluntary nature, subject to the report of the representatives of the employees. This circumstance does not inhibit the need to inform the worker, prior to the completion of the medical examination, in the above terms.

In any case, you will have to choose to carry out those examinations or tests that cause the least discomfort to the worker and that are proportional to the risk.

7.2 The information collected as a result of this surveillance, as provided for in the Law, will always respect the right to privacy and dignity of the person of the worker and the confidentiality of all information related to your health status. Access to medical information of a personal nature shall be limited to medical staff and health authorities who carry out surveillance of the health of workers, without being able to provide the employer or other persons without express consent of the worker. In the event of a failure to comply with this obligation, the Committee on Safety and Health shall have the right to request the immediate cessation of the responsible person, reserving the right to carry out the legal proceedings. appropriate.

The results of the surveillance referred to in the preceding paragraph shall be communicated to the workers concerned.

However, the employer and the persons or bodies with responsibility for prevention shall be informed of the findings arising from the examinations carried out in relation to the suitability of the worker for the performance of the job or with the need to introduce or improve the protection and prevention measures, so that they can properly carry out their preventive functions.

Data relating to the surveillance of workers ' health may not be used for discriminatory purposes or for the detriment of the worker.

7.3 Medical Acknowledges. The medical examinations carried out must be specific, appropriate and proportionate to the occupational risks present in the posts and workplaces and to the raw materials or additives which are handled in each working centre. These surveys shall be carried out at least once a year.

7.4 Those workers and groups of workers who, due to their personal characteristics, their conditions of greater exposure to risks or other circumstances have greater vulnerability to it, will be monitored in a way in line with legal requirements.

7.5 Choice of Mutuals: The Management of the Company will notify the Prevention Delegates in writing, examining the Committee on Safety and Health at a meeting called for at least 15 days in advance. changes that may occur in the choice of Mutua as well as the decision to grant the management of the contingencies common to them for the purpose of the issuing of the relevant report, which shall not be binding. In addition, the company's management will provide the Prevention Delegates with information that is necessary to ensure that the management of the Mutual Fund can be evaluated within the Health and Safety Committee.

7.6 The Company's Management will also inform the Prevention Delegates of any contractual changes affecting the activities that the Mutua is developing in its quality of service. prevention, as well as those that may affect other non-foreign, own or joint prevention services.

8. Programs, budgets, and controls.

The Safety and Health Committee shall be duly informed of the annual programmes for the protection of the health of the worker, as well as the amount of the budget for the implementation of the budget. He will then deliver opinions and opinion on the terms set out in the Law on the Prevention of Occupational Risks.

9. Technology and work organization.

The Committee on Safety and Health shall be informed and consulted in the terms set out in this Convention and in the legislation in force in respect of all decisions concerning technology and organization of the work having an impact on the physical and mental health of the worker, prior to its implementation.

10. Maternity protection.

The employer shall take the necessary measures to prevent the exposure of female workers in pregnancy, recent birth or during the period of natural lactation to the risks identified in the assessment referred to in Article 1 (2). Article 16 of Law 31/1995, which may affect the health of workers, the unborn child or the infant, through an adaptation of the conditions or working time of the worker concerned, in accordance with the terms laid down in Article 26 of that Law and in accordance with which the possible account will be taken into account limitations in performing night work and shift work.

The risk assessment shall include the suitability for the pregnant woman or during the period of natural lactation of the posts, schedule and working conditions, provided that the prescription is optional.

11. Joint Committee on Safety and Health at Work and the Environment.

The signatory parties agree to constitute a joint working committee which will govern their action through the following rules:

1. The composition shall be equal and shall consist of four members representing each of the parties.

2. The will be assisted by the advisors appointed by each of the parties.

3. You will be able to gather the necessary information to serve your own purposes through the organizations and companies of the chemical industry.

4. º Regular meetings, of a semi-annual nature, acta of the contents of the same.

5. You will be able to issue reports at the request of the parties about the issues and issues raised by the right and proper treatment of safety and health at work in the chemical industry, as well as its impact on the outside the sector itself and public opinion.

This Committee will have as its priority objectives to ensure and guide in the field of enterprises the appropriate working conditions and environment that enable the correct implementation of this chapter, focusing on fundamentally in:

-Dangerous substances, their control according to the criteria of the Convention and their replacement by similar but not dangerous ones.

-Tracking work accidents and occupational diseases.

-Technology changes that replace dangerous forms and places of work.

-In order to strengthen preventive actions in favour of the health of workers and aware of the need for joint action in this regard, plans for specific training in the field of prevention will be developed. Occupational risks, putting in place and developing such plans, and may require the services of the Provincial Technical Cabinets of Safety and Hygiene at Work and of the undersigned organizations.

-Analysis and possible recommendations on methods for performing risk assessments.

-Propose pooled safety and health training plans for workers in general, workers ' representatives, prevention delegates and management representatives.

-To study the experience of applying this chapter in companies in the sector and to develop a manual of good practices in matters of safety, health and the environment.

-Sectoral monitoring of the European chemicals policy and the implementation of the REACH system.

-The Joint Committee on Safety and Health at Work and the Environment will also address within 9 months from the signing of this Convention a technical study on the possible coordination mechanisms of the activities between undertakings affected by it and which develop their activities by sharing the same working centre and/or production facilities, with particular attention to the advantages which, from the point of view of risk prevention In these situations, the establishment of an Inter-company Health and Safety Committee could be offered in these situations. The agreements that may be reached in this matter shall be raised to the Negotiating Commission, in order, if appropriate, to be included in the text of this Collective Agreement during its term of office.

CHAPTER X

Environment

Article 67. Action in defence and protection of the environment.

The parties to this Convention consider it necessary for companies to act in a responsible and respectful manner with the Environment, paying great attention to their defense and protection in accordance with interests and concerns. of the Society.

From the mobilization of capacities (technical, economic, professional, etc.) that can lead to adaptation processes, positive effects are derived, not only for human and environmental health, but also for technological innovation and the competitiveness of the sector. As a contribution to all this, it is necessary to consider a consistent defence of industry, employment and working conditions by employers ' and trade union organisations.

To this end, the chemical sector as a whole must adopt a permanent, responsible and visible attitude in the field of the environment and, at the same time, make the effort that the industry is developing in this field, and the future, as well as its results, are known and appropriately valued by the Company and the relevant Administrations.

It is considered essential for these purposes to carry out activities aimed at achieving the following objectives:

-To promote and achieve a responsible action of the companies in the field of the Environment, concreting the measures to be adopted.

-Establish qualitative and quantitative targets for improvement in order to make visible progress on them.

-To demonstrate to society the responsible behavior of companies, individually and collectively, through the use of techniques of sound environmental management and the communication of the results obtained.

-Improve the credibility of the industry and increase the trust of society and public administrations through concrete demonstrations and events.

-To achieve these objectives the companies of more than 100 workers affected by this Convention will be able to develop an Environmental Management System, appropriate to some of the Spanish, European or international standards certification of the quality of such a system. The Environment Delegates of Article 68 shall be informed on the basis of such a system. The legal representation of the workers in the Committee on Safety and Health, in which the Environment Delegates of Art. 68 will develop their functions and competencies

will be taken into account in all the questions contained in this article.

Environmental issues will be integrated into the training programmes, aimed at the Environment Delegates, as well as the other prevention delegates and also the workers as a whole.

Article 68. Environmental delegates.

Every trade union organization that has the status of more representative in the state field may designate in the centers of work where a Delegate of the workers has presence in the unitary organs of representation of the workers. Environment of the Delegates of Prevention, whose functions and responsibilities are:

1. Collaborate with the Company's management in improving environmental action, in the framework of the general principles defined in this article.

2. Promote and promote the cooperation of workers in the enforcement of environmental regulations.

3. To carry out monitoring work on compliance with environmental regulations, as well as on the environmental policies and objectives that the company establishes.

4. To receive information on the implementation of new technologies that could be derived from environmental risks, as well as on the development of environmental management systems.

5. Receive from the company a copy of the documentation that is required to facilitate public administration in relation to emissions, discharges, waste generation, water use and energy and major accident prevention measures.

6. Propose to the company the adoption of measures aimed at reducing environmental risks and improving environmental management.

7. Collaborate in the design and development of training actions in matters related to the environmental obligations of the company.

The designation of these Environmental Delegates will be carried out by the Act signed by the corresponding Trade Union Organizations, who must notify the latter to the company and to the Joint Commission provided for in the Article 90 of this Collective Agreement.

The companies will appoint an interlocutor with the environmental delegate from among their representatives in the Committee on Safety and Health.

CHAPTER XI

Social responsibility

Article 69. Business Social Responsibility.

The organizations that are signatories to this Collective Agreement understand that it is positive that companies have voluntary commitments for the balanced integration of economic growth principles, environmental protection and social equity.

In this area, the business social responsibility is framed as all those actions and initiatives that take place in the economic, labor, social or environmental fields, voluntarily adopted by the undertakings within the meaning of those undertakings which go beyond the mere fulfilment of the obligations laid down in the laws, this Convention or any other agreements or rules.

Corporate social responsibility initiatives that decide to implement companies will be guided by transparency as a requirement for their credibility and for the consideration of their entire value chain.

In order to carry out actions or initiatives of corporate social responsibility in the field of work, the representatives of the workers must be regularly informed of the actions and their development, with an indication of their possible impact on working conditions.

Article 70. "Responsible Care" program.

For the purpose of continuously improving the performance of the activities of the chemical industry on Safety, Health and Environmental Protection, in accordance with the principles of Sustainable Development and beyond compliance with the laws in force and the provisions of this Convention, the signatories undertake to promote and collaborate in the accession of the companies to the International Program of the Chemical Industry "Responsible Care" and to the achieving the objectives pursued with this voluntary, public and active initiative of the chemical companies.

CHAPTER XII

Care regimen

Article 71. Economate.

The companies affected by this Convention that occupy more than 500 workers in the same locality will be obliged to maintain a labor economy in accordance with the provisions of Decree 21 of March 1958, the Order Ministerial meeting of 12 June 1958, which was held by Royal Decree 1883/1978 of 26 July 1978 and Royal Decree 762/1979 of 4 April 1979 updating the existing provisions relating to labour costs.

Companies that are not obliged to maintain labour costs, in accordance with the provisions of the preceding paragraph, must attempt to group together with others of the same population to constitute a collective or, alternatively, to request the incorporation of their employees into other legally established economy or consumer cooperatives at the site.

Article 72. Enterprise Eaters.

As for dining rooms for staff, companies will agree with workers ' representatives, the regime to be adjusted to comply with the existing provisions on dining rooms for staff.

The canteens, in those companies that are obliged to facilitate such a service according to the legal provisions in force, will have to gather sufficient conditions of habitability, sanitation, ventilation, hygiene, as well as offer sufficient accommodation for workers using such a service on each shift.

The company will also provide this service with the necessary utensils and equipment, as well as the material and human means for its proper functioning.

Article 73. Workwear.

The companies will provide free compulsory, to the staff who, for their work, need the following items of work:

-Technicians: Two gowns a year.

-Workers ' personnel: Two monkeys or divers a year.

In industries that manufacture or manipulate acids or other corrosive materials, the appropriate quantity and quality allocation, to be provided to the workers, will be determined jointly with the workers ' representatives. members of the various professional groups, for their best protection, in the face of these agents.

It will also be mandatory for companies to provide impermeable clothing and footwear to personnel who have to carry out continuous work in the open, in frequent rain, and to those who have to act in places notably framed or muddy.

CHAPTER XIII

Trade union rights

Article 74.a) Of workers ' representatives.

Workers 'representatives shall be understood to be the Company's or Personnel's Delegates' Committees and the Trade Union Trade Union Trade Union Delegates, who shall have the powers, rights and obligations set forth for them. by the Organic Law on Freedom of Association, Workers ' Statute and the Collective Convention itself.

The intervention as interlocutors to the management of the company in all the procedures of the consultations provided for by law or in the present Collective Agreement will correspond to the trade union sections agree, as long as they add up the majority of the members of the business committee or among the staff delegates.

Article 74.b) Of Trade Unions.

The parties to the present stipulations once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement through their organizations labor relations. rational, based on mutual respect and aimed at facilitating the resolution of how many conflicts and problems arise from our social dynamics.

Trade Unions are basic and consumable elements in order to face through them the necessary relations between the workers and the entrepreneurs. All this without demerit of the powers conferred by the Law, and developed in the present agreements, to the representatives of the workers. The provisions of the collective agreements, the individual agreements and the unilateral decisions of the employer which contain or entail any discrimination in employment or in employment shall be null and void, without effect, working conditions, whether favourable or adverse, by reason of accession or not to a Union, to their agreements or to the exercise in general of trade union activities.

Article 75. From union action.

1. Workers affiliated to a trade union may, in the field of the Enterprise or the workplace:

a) Constituting trade union sections, in accordance with the provisions of the Statutes of the Union.

b) Hold meetings, after notification to the employer, collect fees and distribute union information, outside of the working hours and without disturbing the normal business activity of the Company.

c) Receive the information sent to you by your union. Where the affiliated worker has the company's e-mail for the performance of his duties, he may receive the information in this way, and in any case he must always be used in a rational manner.

2. The Trade Union Sections of the most representative trade unions and of those who are represented on the Enterprise Committee or have staff delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to the members of the Union and to workers in general, the Company shall make available to it a notice board to be placed in the work centre and where appropriate access to the same worker is ensured.

b) To collective bargaining, in the terms set out in their specific legislation.

c) The use of a suitable premises where they can develop their activities in those companies or workplaces with more than 100 workers.

Article 76. Of the union charges.

1. Those who hold elective office at the provincial or regional level, where there is no previous, regional or state level, in the most representative trade union organisations, shall be entitled:

(a) The enjoyment of the unpaid leave necessary for the development of the trade union functions proper to his office, being established by agreement, the necessary limitations to the enjoyment of the same in function of the needs of the production process.

(b) To the compulsory surplus, with the right to reserve the job and to the age-counting period for the duration of the exercise of its representative office, it is necessary to reinstate its position of work within the month following the date of termination.

(c) Assistance and access to work centres to participate in the activities of their Union or of all workers, whether meetings or assemblies with the Trade Union Sections, the Committee or the workers; or in discussion or negotiation meetings with the company's management, after communication to the employer and without the exercise of that right being able to interrupt the normal development of the production process.

2. Union representatives who participate in the Negotiating Commissions and Joint Committees of Collective Conventionkeeping their relationship as an active worker in some Enterprise, will be entitled to the granting of the permits. (a) remuneration that is necessary for the proper exercise of their work as negotiators, provided that the Company is affected by the negotiation.

Article 77. Union Delegates.

Without prejudice to the provisions of Article 78, the following shall apply:

1. From the Trade Union Delegates: In the Companies or, where appropriate, in the job centers that occupy more than 150 workers, whatever the class of contract, the Trade Union Sections that can be constituted by the workers affiliated to the Trade unions with presence in the Enterprise Committees, will be represented, for all intents and purposes, by the union delegates elected by and among their affiliates in the Company or in the workplace.

The number of union delegates for each trade union section of the Trade Unions that have obtained 10 per 100 of the votes in the election of members of the Enterprise Committee, will be determined according to the following scale:

150 to 750 workers: One.

From 751 to 2,000 workers: Two.

From 2,001 to 5,000 workers: Three.

From 5,001 onwards: Four.

The Trade Union Sections of those Unions that have not obtained 10 per 100 of the votes in the election of the same, will be represented by a single union delegate.

In accordance with the provisions of the above, the legally constituted union shall communicate in writing to the Company's Directorate the person or persons who shall perform the duties of the Trade Union Delegate.

Trade union delegates of companies whose workforce exceeds 150 workers and does not exceed 250, will have all the rights attached to their status, although they will only have the "trade union hours" that they have given them as a result of the use and administration of the annual exchange established in Article 80. They will also be chosen by each union among its affiliates in the company and by the procedure that each union has established. Your appointment will be notified to the Company's Directorate by the appropriate Federation of Trade Unions.

2. Functions of the Trade Union Delegates: Represent and defend the interests of the Union to whom it represents, and of its affiliates in the Company, and serve as an instrument of communication between its central or union and the Directorate of the Companies.

3. Attend the meetings of the Enterprise Committees and the internal organs of the Company in matters of safety and hygiene, with voice and no vote.

4. You will have access to the same information and documentation that the Company must make available to the Business Committee in accordance with the provisions of the Law, being obliged to keep professional secrecy in the areas in which it is legally applicable. They will hold the same guarantees and rights as recognized by the Law, Collective Agreements, etc., to the Enterprise Committees.

5. They will be heard by the Company in the treatment of those problems of a collective nature that affect the workers in general and the members of the Union.

6. They shall also be informed and heard by the Company on the basis of:

A) About layoffs and penalties affecting union members.

(B) In the case of restructurings of staff, regulation of employment, transfer of workers when they are collective or of the general working centre and, in particular, project or business action which may affect substantially to the interests of the workers.

C) The implementation or review of work organization systems and any possible consequences.

7. In the case of meetings, as regards the procedure, both parties will adjust their conduct to the current legal regulations.

8. The delegates will have their tasks to perform the trade union functions that are their own.

9. The trade union delegate, for the purposes of the accumulation of trade union hours, shall be considered as a member of the Enterprise Committee. In this respect, it shall only be entitled to accumulate such hours in those members of the Enterprise Committee belonging to its same trade union centre.

10. The companies will release the trade union delegates and the members of the Enterprise Committee, TC1 and TC2.

Article 78. Interagency/Intercompany Trade Union Delegates.

In companies with several work centres or industrial groups referred to in Article 82.4 of this Collective Agreement which add up to 100 workers, the Trade Unions which are signatories to this Convention, which in turn enjoy the status of more representative, may appoint each of them, from among their affiliates in the company and through the procedures that each union has established, a Trade Union Delegate or a Trade Union Delegate, as appropriate. Your appointment will be notified to the Company's Directorate by the appropriate Federation of Trade Unions.

The Trade Union Delegate Intercentres or Intercompanies has as a function to be informed and heard by the Company in the treatment of matters of scope superior to that of the center of work. For the performance of his/her duties, he/she will be able to access the work centres after communication to the employer.

The Trade Union Delegate Intercentres or Intercompanies may use trade union hours for the development of their business as such, provided that they are transferred to it by the workers ' representatives.

In those cases where the designation of the Trade Union Delegate is applicable, the designation of the Trade Union Delegate shall not be carried out.

Article 79. Committee of Enterprise and Trade Unions of Article 10 of the Organic Law on Freedom of Association (LOLS).

1. Without prejudice to the rights and powers granted by the laws, the Committees of Enterprise and Trade Unions of Article 10 of the Organic Law on Freedom of Association (LOLS) are recognized as follows:

A) Be informed by the Company's Management:

1. 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 program of production and probable evolution of the employment in the (a) the company, as well as the employer's forecasts for the conclusion of new contracts, indicating the number of contracts and the arrangements and types of contracts to be used, including part-time contracts, of the (i) the completion of additional hours by the employed and part-time workers subcontracting.

2. Annually, know and have at your disposal:

(a) The balance sheet, income statement, memory and, in the case of the Company magazine the form of company by shares or units, of how many documents are made known to the partners.

(b) The balance of implementation and monitoring of commitments made by companies that have subscribed to a formula of corporate social responsibility.

3. Prior to their execution by the Company, on the restructuring of staff, total or partial closures, final or temporary, and the reductions in days, on the total or partial transfer of the business premises and on the Company's vocational training plans.

4. Depending on the subject matter in question:

a) On the implementation or revision of systems of work organization and any of its possible consequences, studies of times, establishment of systems of premiums or incentives and valuation of jobs.

(b) On the merger, absorption or modification of the Company's legal status where this implies any impact affecting the volume of employment.

(c) The employer shall provide the Business Committee and the Trade Unions of Article 10 of the LOLS with the model or models of contract of employment that he habitually uses, the Committee being entitled to make complaints appropriate to the Company and, where appropriate, the competent labour authority.

(d) For statistics on the rate of absenteeism and their causes, accidents at work and occupational diseases and their consequences, the rates of accidents, the movement of unemployment and income and the promotions.

5. In accordance with the provisions of Article 42 of the Staff Regulations, and without prejudice to Articles 16 and 82.7 of this Collective Agreement, where the undertaking concludes a contract for the provision of works or services with a contractor or subcontractor, shall inform workers ' representatives on the following points:

a) Social name, address, and tax identification number of the contractor or subcontractor.

b) The object and duration of the contract.

c) Place of contract execution.

d) Where appropriate, the number of workers to be employed by the contract or subcontract at the chemical company's work centre.

(e) Measures to be taken to coordinate activities from the point of view of the prevention of occupational risks.

(f) Collective Agreement applicable to the workers of the contractors or subcontractors.

When the main business, contractor or subcontractor continuously shares the same work centre, the first one must have a book record in which the above information is reflected in respect of all the Companies mentioned. This book will be available to the legal representatives of the workers.

6. It shall also be entitled to receive information, at least annually, on the application of the right of equal treatment and equal opportunities between women and men to the enterprise, including data on the proportion of women and men. men at the various occupational levels, as well as, where appropriate, on the measures which would have been taken to promote equality between women and men in the enterprise and, if an equality plan had been established, on the implementation of the same.

(b) Exercise surveillance work on the following subjects:

(a) Compliance with the existing labor and social security regulations, as well as the agreements, conditions or uses of the Company in force, making, where appropriate, the appropriate legal actions before the Company and the competent bodies or courts.

b) The quality of teaching and the effectiveness of teaching in the training and training centers of the Company.

c) Respect for the principle of equal treatment and equal opportunities between men and women in the enterprise, as well as the implementation and implementation of equality measures and plans.

C) To participate, as regulated, in the management of social works established in the Company for the benefit of the workers or their families.

D) Collaborate with the Company's Management to achieve the fulfillment of how many measures are needed to maintain and increase productivity in the Company.

E) The representatives of the workers, individually and jointly, shall observe professional secrecy in all matters relating to paragraphs 1 and 3 (A) of this Article, even after they cease to belong to the organs of representation and in particular in all matters for which the Directorate expressly points out the reserved character.

F) The Enterprise Committee and the Trade Union Delegates of Article 10 of the LOLS will ensure not only that in the process of selection of staff the regulation is complied with, but also because of the principles of non-discrimination, gender equality and the promotion of a rational employment policy.

2. Guarantees:

A) No member of the Enterprise Committee, Staff Delegate or Trade Union Delegate of Article 10 of the LOLS may be dismissed or punished during the performance of his duties or within the year following his termination, except that it is produced by revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker in the legal exercise of his representation. If the dismissal or any other sanction for alleged serious or very serious misconduct to other causes must be dealt with in a contradictory case, in which it shall be heard separately from the person concerned, the Committee of Enterprise or other Delegates of staff and the Delegate of the Union to which he belongs, in the event that he is recognised as such in the Company.

The contradictory file will be made up of the following actions whose development will be carried out with the utmost diligence:

1. The contradictory file shall be initiated with the written notification of the statement of objections to the representative to be investigated, to the other members of the workers ' representation and to the trade union delegate of the the union to which it belongs, the initiation and opening of it by the company.

2. The Management of the company will proceed to appoint an instructor in the same statement of objections. The instructor position must be placed in a suitable person for such a function.

3. Phase of investigation by the instructor within 15 working days of the notice of the statement of objections to the issued statement which shall also include:

(a) The preparation by the expedientate of a statement of discharge within the period of 15 days indicated.

b) The hearing of workers ' representatives and union delegates of the union to which the affected workers belonged.

During the entire investigation phase, all those involved in the file may provide as many allegations and evidence as relevant in defence of their rights within the 15-day period, and may be extend it for exceptional reasons at the request of the concerned.

4. After the investigation phase, the written notification will be given by the instructor of the results of the same to the affected, the workers ' representatives, as well as the union delegates of the union to which It was the expedientate. This notification shall contain an express reference to the actions taken by the instructor, the facts on which the file is opened, and the regulatory violations that are imposed on the person concerned and the intended sanction.

The final decision of the employer must be communicated in writing to the worker within 10 working days of receipt of the instructor's findings.

In the event of dismissal of legal representatives of workers, the option will always be the same, being obliged to take back if the worker chooses this.

They will have priority of staying in the Company or work center, with respect to other workers, in the cases of suspension or extinction due to technological or economic causes.

B) They may not be discriminated against in their economic or professional promotion because of the performance of their representation.

C) May exercise the freedom of expression within the Company in the matters of its representation, being able to publish or distribute, without disturbing the normal development of the production process, publications of employment or social interest, communicating all of this in advance to the Company and exercising such tasks in accordance with the regulations in force.

(D) Without prejudice to Article 80, they shall have the credit of paid monthly hours that the Law determines. The hours of the various members of the Committee and Delegates of Staff and Delegates of Article 10 of the LOLS, in one or more of its components, may be accumulated on a monthly basis, without exceeding the total maximum of determines the Law, being able to be relieved or relieved of the work without prejudice to its remuneration. In any event, this circumstance must be communicated to the Company at least 48 hours in advance and must be carried out for a predetermined period of time.

E) Without exceeding the legal maximum, the paid hours of the members of the staff and delegates of staff and delegates of Article 10 of the LOLS may be consumed in order to provide for the assistance of the same to courses of training organised by their trade unions, training institutes and other entities.

Article 80. Accumulation and management of trade union hours.

The credit of paid hours corresponding to the members of the Committees, Staff Delegates and Trade Union Delegates, will be cumulative for annual periods, after notification to the company by the organizations trade unions in whose applications they have been submitted or on behalf of which they act in a trade union.

The management of such a bag of hours shall be the responsibility of the trade union organisations, after having been signed by the individual holders of such rights.

The Trade Union, or on its behalf the corresponding Trade Union Section, will notify the company on a quarterly basis of the forecast of the use of these hours by the members of the Committee, Staff Delegates, Trade Union Delegates, as well as as for the so-called Inter-Party Trade Unions referred to in Article 78 of this Convention. In any event, the use of accumulated hours in accordance with the criteria laid down here shall be known to the undertaking within the same time limit as that laid down in Article 79.2 (D) of this Convention.

Article 81. Union quota.

At the request of the Trade Unions, the companies will discount on the monthly payroll of the workers with written authorization of these, the amount of the corresponding union fee that will be entered into the current account that designates the Union.

The Company's Management will submit a copy of the transfer to the union representation, if any.

Article 82. Other Trade Union Rights.

82.1 On information rights.

In relation to the rights of information that the current legislation gives to the workers ' representatives, it is established as a general rule that the companies will facilitate in the last trimester of each year the unions more representative and signers of this Collective Agreement the data they require relating to: number of workers in staff, nature and duration of the contracts, as well as employment forecasts for the 12 months following the date emission of such data. The Trade Unions shall communicate to the Business Organisation FEIQUE the relation of undertakings to which they have required the information referred to above for their knowledge and effects. In any case, companies will only be required to provide a comprehensive response to the requested data.

82.2 Using New Information Technologies.

The company's electronic means of information and communication, such as e-mail, intranet and internet, that are made available to workers must be used for purposes related to the business activity and the performance of the job functions.

As such labour resources may be used by companies to carry out the same management, management and control measures as they are necessary, while respecting the right to privacy of workers on the basis of the power of management recognised in Article 20 of the Staff Regulations.

However, in order to facilitate the rights of information legally recognized by workers ' representatives, the following rights are recognized:

(a) The Company's Committees or the Delegates of Staff and Trade Unions of the most representative trade unions in the State field and who have recognized the rights of Article 10 of the LOLS will have, in the centres of a work that has developed an Intranet or other similar or alternative computer system, of a page in the Intranet for the publication of information of a union interest of interest to that center.

b) Members of Company, Staff Delegates or Trade Union Delegates (in this case both those in Article 8 and 10 of the LOLS) may make use of the email to communicate with each other or with their respective union federations, as well as with the company's management.

c) The communications that the Company or the Personal Delegates Committees want to do simultaneously to the entire workforce or groups of workers as a result of their union activity will be carried out through the Intranet of the working centre in the space reserved for the purpose or, in the absence thereof, by the use of "Public Folders" or similar system to be provided in the computer networks of the work centres, accessible to all the workers at their disposal computer.

82.3 Syndicated Management of the Convention.

To make effective the preference of the unionized application of the Convention established in Article 1, as well as of the union bargaining capacity noted in the art. 8.2.b) of the LOLS, the Trade Union Sections of the trade unions which are signatories to the Convention, when they jointly hold the majority of the delegates of staff or members of the works councils, may be jointly constituted by the trade union body of the (i) an opportunity to make a contribution to the implementation of the Convention, with a composition proportional to the composition of the business committee, in any event guaranteeing the presence of at least one representative of each of these trade unions.

In either of these situations, it will be ensured that there is no duplication in the management of the Convention's implementation.

82.4 Trade union interlocution in the Industrial Groups.

In the Industrial Groups affected in their entirety by the present Collective Agreement and with the management unit, the dialogue with the Management of the same will be carried out by the Trade Union Federations more representative.

For these purposes, the term "Industrial Group" shall mean those companies and centres, which are constituted as such from the commercial legal point of view and administered under the principle of management unit. affected by the General Convention of the Chemical Industry and develop their activities within any of the sectors or subsectors defined in Article 1 of this Convention.

82.5 European Company and European Company Committees.

undertakings or groups of undertakings with a Community dimension which have their central management in Spain shall lay down the conditions and means necessary for the establishment of a European Works Council or, where appropriate, a alternative information and consultation procedure when requested by the workers or their representatives as provided for in Article 7 of Law 10/1997 of 24 April, and in accordance with the procedure and other requirements referred to in this last rule.

For the purposes of interpreting the concepts of "enterprise or group of undertakings with a Community dimension" and "central management", Article 3 of that Law 10/1997 shall be provided for.

On the other hand, the companies affected by this Convention will provide the necessary means for the representatives of the designated workers in European Works Councils to hold a preparatory preparatory meeting in respect of their participation in the annual meeting of the European Works Council with the central management.

This preparatory meeting will be held between the representatives of the workers appointed in the European Works Council who will attend the annual meeting and a maximum of one representative of the employees of each one of the centres of work in the national territory, which shall be designated by the representatives of those centres.

As regards the involvement of employees in the European public limited company (SE), it will be necessary to apply to Law 31/2006 on the involvement of employees in that company and that it is applicable to the SE that they have, or that are to be in agreement with the draft constitution, its registered office in Spain and all its work centres and subsidiary companies, as well as the companies involved in the process of setting up the SE and its subsidiaries and work centres. affected, regardless of the Member State in which they are located.

82.6 Anti-union practices.

When, in the opinion of some of the signatory parties, it was understood that, in accordance with the provisions of Articles 12 and 13 of the Organic Law on Freedom of Association, there are acts that could be classified as anti-union, it may seek the protection of the right to the competent jurisdiction, through the process of judicial protection of the fundamental rights of the person.

82.7 Representatives of workers and workers from contractors.

Employees of contractors and subcontractors, where they do not have legal representation, shall have the right to issue to the representatives of the workers of the undertaking main questions relating to the conditions for the execution of the work activity, while sharing the work centre and lack of representation.

The provisions of the preceding paragraph shall not apply to the worker's claims in respect of the undertaking on which it depends.

The legal representatives of the workers of the main company and of the contractors and subcontractors, when they share on a continuous basis, will be able to meet for the purposes of coordination between them and in relationship to the conditions for the performance of the labour activity in the terms laid down in Article 81 of the Staff Regulations and 66.5 of this Collective Agreement.

CHAPTER XIV

Training

Article 83. Vocational Training for Employment.

The organizations that are signatories to this Convention consider the Vocational Training for Employment as a strategic element that allows the greater competitiveness and productivity of companies to be compatible with the provision of workers with the knowledge and practices appropriate to the professional skills required in the framework of a lifelong learning process.

Therefore, they express their willingness to take advantage of and develop the legal regulations in force at all times by adjusting the provisions of these regulations to the singularities of the Chemical Industry, as well as the understanding that all the companies have the responsibility to promote and facilitate the appropriate training of their workers with criteria of suitability and universal character. at each time,

They also undertake to promote that the professional skills acquired by the workers, both through training processes and the work experience, are subject to accreditation.

For these purposes, a joint action area must be established between the classification and vocational training committees of the present Collective Agreement with the corresponding Qualifications Institute in the process of definition of the Qualifications Catalogue and its content.

Article 84. Training actions.

a) Business scheduled training:

1. In general, companies may organise training actions free of charge, in accordance with the procedure laid down in the law in force at any time, in accordance with the procedure laid down in the laws in force, professional qualifications as well as the promotion and professional development of workers and the improvement of the competitiveness of enterprises.

The principle of equal treatment and opportunities will be guaranteed in the incorporation of workers with greater difficulty of access to it. In this context, training actions may include positive actions with regard to access to the training of workers belonging to certain groups (among others, young people, immigrants, the disabled, low-skilled, workers). and temporary contract workers, victims of gender-based violence, over 45 years of age.

2. Companies shall take the necessary measures to ensure that the credit is used for the training that they have each year on the basis of the provisions of the laws in force in order to obtain adequate professional development for workers and improve the competitiveness of enterprises.

In this regard, they shall inform the employees ' representatives of the credit available for training and, if they do not schedule any training measures in charge of such credit, they shall inform, upon request of the representatives of the employees, of the grounds justifying that decision in the last quarter of each financial year.

3. In the event that the company renounces to schedule training actions under the aforementioned fund, the employees ' representatives may propose training actions which must always be related to the productive activity of the company. These actions may be included in the Enterprise Plan and, in any case, the participation of the workers in these actions will be carried out outside the working day. If the proposals of the employees ' representatives by the company are rejected, the company must explain the reasons for the refusal.

4. The training actions planned by the companies will respond to the real, immediate and specific training needs of those and their employees. These actions will be developed with the necessary flexibility in their contents and the moment of their delivery to meet the training needs of the company in an agile way and adjust the skills of their workers to the requirements changing.

5. These actions will be closely related to the national catalogue of professional qualifications and their corresponding modular catalogue, as well as sectoral or sub-sectoral training plans.

b) Training for employed workers:

1. The company will make it possible, when the productive needs and the organization of the work permit, to carry out the training actions that, at no cost to it, can approve the Public Administrations competent for the field of the chemical industry.

2. In order to enable the sectoral accreditation of the training received and/or the experience acquired, the worker who so requests will receive a diploma in accordance with the model that the Sectoral Joint Committee can draw up.

3. The undertakings, at the request of the worker or their representatives, shall provide the documentation and reports necessary for the latter to be able to carry out the application for recognition of the professional skills acquired by the worker. work experience, as established by Royal Decree 1224/2009 of 17 July or regulations that develop it, for the worker to carry out the application.

4. The training actions to be carried out in the companies must be submitted to information on the legal representation of the workers in the terms and according to the procedure laid down in Article 15 of Royal Decree 395/2007 of 23 March. In accordance with that Article, the undertaking shall provide at least the following information:

Denomination and description of actions to be developed and objectives.

Target collectives and number of participants per share.

Expected schedule of execution.

Pedagogical media.

Participants selection criteria.

Expected place of imparting of the formative actions.

Balance of the training actions developed in the preceding year.

Workers ' representatives must issue a report within 15 days of receipt of the above documentation.

If there are discrepancies in the content of the training plan, a period of 15 days shall be opened for the purpose of elucidating the discrepancies between the management of the company and the employees ' representatives.

When the training developed in the company was financed, in accordance with Royal Decree 395/2007 of 23 March, which regulates the subsystem of vocational training for employment, the execution of the actions Training and the corresponding bonus can only be started after the total time limits indicated above. Training actions may also be initiated after 15 days from the receipt by the legal representation of the workers of the documentation referred to above, without the legal representation of the workers having issued the corresponding report.

In case of disagreement, the discrepancies will be examined by the corresponding peer committee in order to mediate over those.

In the application of this Article, account shall be taken of the other matters set out in Article 15 of Royal Decree 395/2007 of 23 March 2007 governing the subsystem of vocational training for employment.

c) Dual Training:

Training in work-linked training will be made up of the training schemes for training and apprenticeship contracts or the public employment-training programmes and their aim is to enable the worker to Make training compatible with professional practice in the workplace.

Article 85. Sectoral Joint Committee on Training.

A Joint Training Committee will be set up consisting of a minimum of four representatives of trade union organisations and many others from FEIQUE, which will be involved in drawing up plans for training. vocational training aimed at adapting workers ' professional knowledge to new technologies, and to facilitate vocational training.

It will be the functions of this Joint Committee, all of which the current labour law recognizes to the Sectoral Joint Committees, in addition to the following:

(a) To carry out, by means of specialized entities, studies of a projective nature with respect to the needs of labor in the Chemical Sector and their corresponding qualifications.

b) Propose and participate in the elaboration of training actions in their various modalities and levels, either with programs that can be taught in the training centers of Enterprise or what in the future can be constituted, as through national or international programmes developed by competent bodies.

c) To collaborate, according to the possibilities themselves, or through specialized entities, in the diagnosis and design of specific training programs in the companies, taking into account the specific specifications and needs, as well as as the generic or individual characteristics of the affected workers.

d) Coordinate and follow the development of training courses for students who are received by the companies in the framework of agreements signed at sectoral or company level.

e) Intervening in the assumption of discrepancies arising in relation to the information to the representatives of the workers on the training actions, and their effects on the hiring.

(f) To evaluate continuously, all actions undertaken, in order to review the guidelines, to promote new activities and to update the definition of the objectives of vocational training.

g) To establish an agreement with the competent administration, in order to make it possible in the best conditions to access the students from vocational training to the practices in the enterprises.

h) All those functions that, in compliance with the agreement of the Convention, are assigned to you by the Joint Commission.

i) to draw up, in conjunction with the Commission on Vocational Qualification, the sectoral map and, where appropriate, proposals in relation to the catalogue of qualifications, as well as sectoral and sub-sectoral programme contracts.

j) Preparation, in conjunction with the Professional Qualification Commission, of sectoral training modules.

k) To study the adaptation, together with the Technical Commission of Professional Classification, of the professional qualifications of the National Catalogue of Qualifications to the Professional Classification of the Convention.

l) Examine, for possible validation, jointly with the Technical Commission of Professional Classification, sectorially the professional qualifications to be introduced or reviewed in the National Catalogue of Qualifications Professionals. Propose the inclusion or exclusion in such a catalogue of those qualifications deemed appropriate.

m) Study procedures and measures to facilitate the development of training in companies with less than 100 employees.

Article 86. Joint Training Commission.

As an instrument for the monitoring and participation of workers ' representatives, at work centres with 100 or more workers, a Joint Training Commission will be set up, whose members will be appointed by and between the representatives of the employees and the company. In all cases, union delegates, trade union sections with representation in the Enterprise Committee will be part of this commission.

Your functions will be:

-To analyze the development of training actions annually and to propose lines of improvement, specifying the class and duration of the training actions to be carried out, as well as analyzing the obstacles and disadvantages that in the They have made it difficult. In relation to the above, the measures to be developed can be agreed to ensure the best effectiveness and implementation of the training actions.

-To be informed of requests for individual training permits made in the workplace, as well as of the resolutions adopted with respect to them and, where appropriate, of the grounds for dismissal.

-Be informed of the dual training students who perform in the workplace, as well as the tutors awarded.

-To be informed of vocational training students who carry out internships in the workplace, as well as the performance of other non-work practices carried out under collaboration agreements signed with Universities or other institutions.

In the case of those companies that have more than one job centre, and the sum of the workforce of the same workers reach 100 or more workers, they must report the training actions carried out, if they were To this end, the most representative trade union federations at the state level of the present Collective Agreement.

Article 87. Training plan in the company.

All work centres with 250 or more people in staff will be required to implement a Training Plan which is directly related to the productive activities of the workforce, facilitating the Better performance of the work tasks, the permanent professional update and contribute to the improvement of the productivity. To this end, the Training Plan will promote specific programmes which will facilitate professional development in the light of the industrial objectives of the company and the training interests of the workers ' groups. They shall also include specific procedures and guarantees for the participation of women in training actions to be at least proportional to the percentage they represent on the collective to which the various training actions.

The elaboration of the mentioned Training Plan will be done in accordance with the following elements:

-In the fourth quarter of each year, the company will develop, and will give the Joint Training Commission, a diagnosis of training needs which will have to be linked to the productive needs of the company, their potential shortcomings or inadequacy in the professional knowledge and skills of their staff or changes in their work processes or in the product portfolio.

-The recommendations of this diagnosis, will serve as a basis for the joint development of the workers ' representation and the management of the company of the Annual Training Plan. In any event, in the absence of an agreement, the management of the undertaking shall draw up the Annual Training Plan which, notwithstanding its enforceability, shall be subject to the mediation and arbitration procedures provided for in Articles 98 and Present Collective Agreement.

-The Plan will contain, together with the minimum information detailed in Article 84 (b), 4, the following elements: modalities of delivery (in-person, distance, teletraining, mixed), duration specified in each action if it is develops, or not, within the working day.

-Workers ' representatives will have the capacity to propose, in a reasoned manner to the Directorate, specific training programmes and/or actions. In the event that the Directorate does not consider the inclusion of these actions, it must also justify its refusal in a reasoned manner.

Companies that have more than one job center and the sum of the workers themselves reach 250 or more workers, as long as at least three of these centers exceed 50 workers, they will be affected by the provisions of the first paragraph of this Article. However, in these cases the preparation of the Training Plan will be the responsibility of the company, although the latter, at the request of the most representative trade union federations at the State level, will inform them in writing about the diagnosis of training as well as the training plan drawn up. The Trade Union Federations may issue a report stating their opinions and suggestions, and may propose training actions in the terms set out in the preceding paragraph.

Article 88. Training of workers on a fixed-term contract.

In application of what is set in art. 15.7, second paragraph, of the Workers ' Statute, in each company employing workers on fixed-term contracts, the participation of workers in the company's vocational training plans will be specified in order to improve their skills and promote their career progression and mobility. In order to make sense of this training, the preparation of its contents will take into account the forecasts of activity and staff, as well as the composition of it in the various contractual modalities.

Article 89. Individual Training Permissions.

The workers affected by this Convention may apply for individual training permits in the terms of Royal Decree 395/2007 of 23 March 2007 governing the training subsystem employment and standards which may replace or develop it, in order to facilitate the training recognised by an official qualification, including the qualifications and certificates of professionalism which constitute the training offer of the National Catalogue of Professional Qualifications, in order to promote the Professional and personal development for workers seeking to improve their personal and professional training, without costs for the companies where they provide their services. The refusal of the authorization of the permit by the company must be motivated by organizational or production reasons, communicating it to the worker and the representatives of the workers in the company.

By the companies, all means will be put in place so that workers who request it can access this mode of individual permission. They shall specifically make available to workers who are required by an application model.

Also in accordance with Article 12.3 of RD 395/2007 of 23 March, these permits may be used for access to the processes of recognition, evaluation and accreditation of the competencies acquired through the work experience or other formal or informal learning.

CHAPTER XV

Mixed Committee

Article 90. Joint Commission.

Both negotiating parties agree to establish a Joint Commission as a body for the interpretation, reconciliation and monitoring of collective compliance with this Convention.

Article 91. Composition.

the Joint Committee is composed of eight persons representing the undersigned trade union organisations and eight representatives of the undersigned business organisation, who will choose one or more of them. two persons who perform secretarial duties.

This Commission will be able to use the occasional or permanent services of advisers in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

It will be the official address of the Joint Commission, in order to receive the consultations or requests for mediation, any of the trade union or business organizations that integrate it, that is:

FEIQUE: C/ Hermosilla, n. º 31, 1. ext. dcha., Madrid 28001.

CC. OO de Industria: C/ Ramírez de Arellano, n. º 19, Madrid 28043.

FITAG-UGT: Avda. de América, n. º 25, 2. ª planta, Madrid 28002.

Article 92. Structure.

The Joint Commission, which is agreed upon, will be central to the entire country. In accordance with the nature of the matters submitted to it, the Central Joint Committee may delegate to decentralised joint committees located in Catalonia, the Basque Country, the Valencian Country, Madrid and Andalusia, as well as in those areas. territorial where there is sufficient trade union and business structure to develop the mediation and implementation functions in these areas.

However, when the issues to be dealt with in the interpretation of the agreement, the Central Joint Commission will only be competent.

Article 93. Procedure.

The matters submitted to the Joint Committee shall be of an ordinary or extraordinary nature. They will award such a rating FITAG-UGT, CC.OO of Industry or FEIQUE.

In the first case, the Joint Commission must resolve within a period of 15 days, and in the second, the maximum of seventy-two hours.

They will proceed to convene the Joint Commission, interchangeably, any of the parts that integrate it.

Over the course of the three months following the entry into force of this Collective Agreement, and in accordance with the requirements regarding difficulties and schedule of action that the diverse territorial structure of FEIQUE, CC.OO of Industry and FITAG-UGT shall constitute the decentralised commissions referred to in the previous Article, to which the procedure laid down in the preceding paragraphs shall apply in order to operate.

Article 94. Functions.

The following are specific functions of the Joint Commission:

1. Interpretation of the Convention. Such interpretation extends to the agreements on the accession, development and articulation of the Convention in order to ensure the absence of contradictions between them and the Convention itself, where there is consultation to that effect and taking into account, among others, the following guidelines:

1.1 Where any of the parties to the Joint Committee receives an application for intervention, it shall be transmitted to the other parts of the Joint Committee, so that each party may obtain the information it deems necessary.

1.2 The Resolution of the Joint Committee will be made in all cases on the basis of the information provided by the consulting party, taking into account the additional documentation received and the assessments that the Commission Mixed, or delegation by this appointee, perform in situ. For the relevant purposes, all this documentation shall be filed by the Joint Committee and shall be an integral part of the Joint Committee's own resolution. The Joint Committee shall notify the parties concerned by each consultation of the Resolution adopted.

1.3 The agreements of the Joint Commission for the interpretation of the Convention will have the same value as the text of the Convention in accordance with Article 91.4 of the Workers ' Statute. In any case, those affected (company/workers) by the resolution may appeal to the competent jurisdiction in defence of their interests.

2. To mediate or to adjudicate in the treatment and settlement of any collective issues and conflicts of a collective nature may be raised within the scope of this Collective Convention in accordance with the procedures laid down in Articles 98 and follow from the same.

In this regard, the Joint Commission will coordinate its actions with the existing mechanisms of Mediation, Conciliation and Arbitration of the Autonomous Framework or that can be put into operation in the future.

3. Monitoring the collective compliance of the agreed upon.

4. To understand in terms of consultation and/or mediation, prior and obligatory to the administrative and judicial way on the interposition of the Collective Conflicts that arise in the companies affected by this Convention by the application or interpretation derived from it.

5. Powers of adaptation or, where appropriate, modification of this Collective Agreement, in this case the Joint Commission in the Negotiating Commission.

6. The procedures for effectively resolving any discrepancies which may arise for the non-application of the working conditions referred to in Article 82.3 of the Staff Regulations shall be those laid down in a specific form in the Article 35 of this Collective Agreement.

7. Any discrepancies which may arise within the Joint Committee in relation to any of the powers referred to above shall be submitted by the signatory parties to the mediation and arbitration procedures provided for in the Settlement Agreement. Autonomous Labor Conflict (ASAC) in force at any time. These procedures shall be developed in accordance with the rules and rules of internal operation of the SIMA. Both parties undertake not to appoint as mediators persons who form or have been part of the Joint Committee or the Negotiator of this Collective Agreement.

8. The Joint Committee shall be provided with regular reports by the signatory parties to this Convention, other than those which may accede to the General Convention of the Chemical Industry, of the following wording:

8.1 Analysis of the economic-social situation with specification of the subjects related to employment policy and market, vocational training, investment, technological conversion, global levels of sales and foreign market, level of productivity, competitiveness and profitability of the various sub-sectors of the Chemical Industry, as well as immediate and medium-term forecasts developed by FEIQUE on an annual basis.

8.2 Report on the degree of application of the Collective Agreement, difficulties encountered, at the company level and the proposal to overcome them. It shall be drawn up by the trade union federations and FEIQUE annually.

8.3 Be informed of the work, suggestions and studies carried out by the Joint Committee on Safety and Health at Work and the Environment.

8.4 Analysis of the evolution of employment on a quarterly basis, in the various subsectors affected by the Convention, being able to attend the meetings representatives of the affected subsectors.

8.5 Review and follow-up of European Regulations and Directives that have an impact on the industrial development of companies and sectors of the Chemical Industry.

9. To promote conferences, conferences, meetings, meetings, etc., annually on the issue of the Chemical Industry.

10. To take the necessary steps before the Central or the Autonomous Administration, in order to obtain aid that would allow for greater de-judicialization of the collective conflicts.

To achieve these objectives the relevant Joint Committee would include in the text of the Convention the relevant procedure.

11. Draw up the list of mediators and arbitrators to exercise as such in conflicts arising in the Chemical Industry in accordance with the procedure laid down in the ASAC.

12. To constitute a Registry of Delegates of the Environment for the purpose of recording the Acts of appointment of the latter that are notified to him under the provisions of Article 68 of the present Collective Agreement. The Joint Committee may be provided with a working regulation for these purposes.

CHAPTER XVI

Conflict Solution Procedures

Article 95. Scope.

This Agreement is for the entire national territory and requires companies and workers to be bound by the General Convention of the Chemical Industry.

Article 96. Conflicts submitted to this procedure.

1. This Agreement regulates the procedures for the settlement of disputes between employers and employees or their respective representative organisations of the Chemical Industry.

2. This Agreement is not covered by this Agreement:

-Conflicts that are about Social Security.

-Those in which the State, Autonomous Community, Diputations, Councils, or Agencies are dependent on them that are prohibited from the transaction or agreement.

Article 97. Collective Conflicts.

1. They shall be subject to the voluntary procedures for the settlement of disputes covered by this Title, such disputes or labour disputes involving a plurality of workers, or in which the interpretation, object of the divergence, affects supra-personal or collective interests.

2. For the purposes of this Title, they shall also have the character of collective conflicts which, however, are to be extended or generalizable to a group of workers by an individual worker.

Article 98. Organs of Mediation, Arbitration and Procedures.

The specific Mediation and Arbitration bodies set up by the Central Joint Commission will be fully integrated into the Interconfederal Mediation and Arbitration Service.

The out-of-court procedures for resolving conflicts are:

(a) Mediation: The intervention of an impartial third party, individually or collegiately, is understood to favor the solution of a dispute affecting the differences of the various social parts of a certain employment relationship.

(b) Arbitration: The mandate conferred by the conflicting parties to a third, individual or collegial party is understood by arbitration to resolve its disputes by being its mandatory opinion for the parties and having the value of the Convention Collective, as long as the passive subjects of the arbitration possess sufficient legitimacy to agree with the law.

Arbitrations may be requested by both parties by mutual agreement or at the request of one of the parties to the conflict in the cases referred to in this Collective Agreement in the following Articles 99 and 100.

The mediation and arbitration procedures to be followed by the companies and workers affected by this Collective Agreement are, according to the nature and origin of the conflict, those that are then expressed.

Article 99. Conflicts of interpretation and application of the Collective Agreement in the company.

a) Mediation: In the individual conflicts of interpretation and application of the Collective Agreement the procedure will be voluntary.

When the conflict of interpretation and application of the Convention revives the collective character, mediation will be obligatory in all cases and must necessarily precede the corresponding judicial action.

In any event, the Joint Commission will intervene, on a prior basis, in those conflicts of interpretation and application of the Convention which have been submitted to it, in accordance with the principles and procedures laid down in the Convention, such as those referred to in Articles 28.5 and 35 of this Collective Convention.

In both previous cases (individual conflict/collective conflict) mediation may be requested by mutual agreement or at the request of a party to the central or decentralised Joint Committee after having tried within the minimum period of time one month the solution of the conflict in the framework that originated and will be the cited Joint Commission who will exercise directly the function of mediation designating mediators to the effect.

In the request for mediation addressed to the Central or Decentralized Joint Committee, the questions on which the conflict relates, as well as the proposals of the requesting party or both.

The decentralised Joint Committee on the conflict, or, if not, the Central Joint Committee, will examine the question raised and its possible mediating intervention.

In case of an understanding of the central or decentralized Joint Committee that comes to be the mediator, the Commission will exercise this function by designating a Mediation Commission, which will act by consensus, composed of a representative of each of the the two signatory trade union organisations and two of the business representation.

Members of this Mediation Committee appointed by their organizations may expressly delegate their mediating function to one of its components. That Mediation Commission shall be integrated into the SIMA and shall act in accordance with the rules of procedure laid down in the ASAC and its Implementing Regulation. In those territorial areas where a decentralised Joint Committee has been set up, the Mediation Commission may also integrate or delegate its functions to the relevant regional arbitration and arbitration body provided that its regulatory regulation allows and in which case they will act in accordance with the latter. This decision shall have the conformity of the Central Joint Committee.

If no agreement is reached in the mediation process, the Mediation Commission will make a final proposal of which it will necessarily go on record in the final act, together with the position and/or proposals that each of the parties want to express. Proposals for a solution offered by the mediator to the parties may be freely accepted or rejected by the parties. In the event of acceptance, the agreement achieved shall have the same effectiveness as the collective agreement.

The referral to the SIMA of the conflicts referred to in this paragraph is made under the article 4.2.c) of the ASAC, which is hereby reproduced.

(b) Arbitration: In the event that the mediation is terminated without agreement, either party may follow the administrative and judicial route for its resolution of the conflict, or, by common agreement, urge the Commission to Mediation designated by the Joint Commission to resolve it on an arbitral basis by deciding on the latter on the basis of what happened in the mediation process if it resolves the arbitration directly or proceeds to appoint arbitrators to the effect.

Also, in relation to conflicts of interpretation and application of the Convention relating to professional classification, holidays, work schedule or organizational issues when they involve modification of the content of the work, such as working hours, shifts, etc., where mediation will terminate without agreement, either party may follow the administrative or judicial route for its solution or urge the designated Mediation Commission to the Joint Commission to resolve it by arbitration by deciding on the latter on the basis of occurred in the mediation process if it resolves the arbitration directly or proceeds to appoint arbitrators to the effect.

Article 100. Conflicts of interpretation and application of the agreements implementing the Collective Agreement.

(a) Mediation: In the conflicts of interpretation and application of the agreements of application of the Collective Agreement, the procedure will be initiated to the Joint Commission, central or decentralized, which is only competent for to examine the absence of any contradiction between the agreement at the company level and the Sectoral Convention. For mediation in those conflicts raised in relation to the contents of such pacts on matters not resolved in the Sectoral Convention, the Joint Commission will review the mediation of the autonomic procedures of mediation and arbitration. provided that the business of the company does not base such an autonomous area, transferring, if not, the mediation to the SIMA, in these cases the mediation procedure by the rules that establish the regulations of these bodies for out-of-court settlement of disputes.

For the mediation of those conflicts raised in relation to the contents of the covenants referred to above on matters if resolved by the Collective Agreement or the Joint Commission in application and interpretation thereof, proceed as referred to in point (a) of Article 99 above.

Individual issues which do not have a collective significance will also be transferred from the Joint Committee to the regional bodies, provided that the rules of the latter provide for the possibility of intervention in the individual conflicts.

(b) Arbitration: In the event that the mediation terminates without agreement, either party may follow the administrative and jurisdictional path for its resolution of the conflict, or, by common agreement, to urge the SIMA or the body. mediation and corresponding autonomic arbitration to resolve it in an arbitral manner in accordance with the procedure and the rules that establish the regulations of these bodies for the out-of-court settlement of disputes.

Additionally, when the conflict of interpretation and application of the pact of application of the Collective Agreement is relative to the professional classification, the previous intervention of the Joint Commission will be mandatory in processing and/or mediation processing.

Article 101. Conflicts referred to in Article 4 of the ASAC, where the conflict is seen on matters not covered by the Collective Agreement or the pacts implementing it.

In this case, the party that urges the procedure will be directed to the Joint Commission, which will direct it directly to the procedures and rules for the out-of-court settlement of regulated conflicts in the ASAC or the autonomous body. which correspond to the scope of the conflict.

Article 102. Costs of mediations and arbitrations.

The costs arising from all the mediation and arbitration procedures provided for in the preceding articles shall be subject to the relevant SIMA or autonomic body rules. In the event of other expenditure not covered by the said bodies or the normal functioning of the Joint Committee, each of the parties affected by the said procedures shall bear their corresponding expenditure.

Article 103. Joint Committee.

For the purposes of this Chapter, the Joint Committee shall have the powers and powers already referred to and in primary form the following:

a) Approve an operating rule.

b) Set the list of mediators and referees.

c) Encourage the use of these procedures as a means of concertation and a solution to the dialogue of labor disputes.

d) Spread the content of what is here between workers and entrepreneurs.

e) Analyze the results of these procedures in the light of studies and reports prepared by the Secretariat of the Commission.

CHAPTER XVII

Equal opportunities

Article 104. Equal treatment and opportunities.

The Convention's signatories to the Convention, both trade unions and employers, understand that there is a need to establish a general regulatory framework for intervention at sectoral level to ensure that the fundamental right to equality and opportunities in companies is real and effective. Therefore, bearing in mind the role of the chemical industry as a committed and advanced sector in the development of equality policies, the following general sectoral objectives are agreed:

(a) Establish guidelines for the elaboration, structure and procedure of equality plans in order to achieve the optimal management of human resources in order to avoid discrimination and be able to offer equality of real opportunities, building on a permanent resource for social dialogue.

(b) To attribute to the Sectoral Commission for Equality the powers referred to in Article 110 of this Convention for the purpose of the development of effective work on equal treatment and opportunities in the job.

Article 105. Equality plans.

Companies are obliged to respect equal treatment and equal opportunities in the workplace and, for this purpose, must take measures to prevent any type of discrimination between women and men, measures to be negotiated, and where appropriate agreed, with workers ' representatives in the form to be determined in the labour law.

In companies of more than 250 employees, have one or more job centers, the equality measures referred to in the preceding paragraph shall be directed to the elaboration and implementation of an equality plan.

Companies will also develop and implement an equality plan, subject to negotiation or consultation, where appropriate, with the legal representation of workers, when the employment authority has agreed in a sanctioning procedure. the replacement of ancillary penalties for the preparation and implementation of such a plan, in the terms set out in the said agreement.

The development and implementation of equality plans will be voluntary for other companies, after consultation with the legal representation of workers.

For the purposes of the provisions of this Convention regarding the equality plans and the diagnosis of situation, it must be taken into account in Article 5 of the Organic Law 3/2007, according to which it will not constitute discrimination in access to employment, including the necessary training, a difference in treatment based on a sex-related characteristic when, due to the nature of the specific professional activities or the context in which it is carry out, such a characteristic constitutes an essential and determining professional requirement, provided that where the objective is legitimate and the requirement provided.

Likewise, the Organic Law 3/2007 should always be interpreted in terms of reasonableness, taking into account that the companies ' templates are the product of a natural decantation in the time they obey to a certain background. The Commission has also been involved in the work of the European Commission in the field of research and development in the field of research and development. This does not necessarily result from discrimination on the part of the workforce, since the possible differences in terms of gender quantification in the workforce may be in some way motivated by the above reasons. This does not prevent the future of business decisions from being accommodated in the terms provided for in the Law so that business decisions not only do not favour discrimination but rather seek and facilitate the full incorporation of women into all existing tasks or jobs in the structures of chemical companies.

To this end, the present Convention follows a set of guidelines and rules in relation to the equality plans and the situation diagnoses which may be followed by the companies of more than 250 workers included within its scope and the purpose of which is to facilitate the implementation and implementation of the Organic Law 3/2007.

Article 106. Concept of equality plans.

The plans for equality of enterprises are a set of measures, adopted after a diagnosis of the situation, aimed at achieving equality of treatment and opportunities among women and men in the enterprise. eliminate discrimination on grounds of sex.

The equality plans will set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives. fixed.

Article 107. Situation diagnosis.

Prior to the setting of the equality objectives to be achieved, the companies will make a diagnosis of the situation which will be aimed at obtaining data disaggregated by gender in relation to the conditions of the work, with particular reference to subjects such as access to employment, vocational training, classification and promotion, the remuneration and management of working time, the reconciliation of work, family and personal life, etc. All for the purposes of finding, if any, the existence of situations of unequal treatment or opportunities between men and women lacking objective and reasonable justification, or situations of discrimination on grounds of sex, assume the need to set those objectives.

The companies will give written account to the employees ' representatives, and they can issue the corresponding report if they consider it appropriate.

The situation diagnosis should provide data disaggregated by gender in relation to, among others, some of the following issues:

a) Organization chart of the Company's Management.

b) Distribution of the template in relation to ages, seniority, department, hierarchical level, professional groups and level of training.

c) Distribution of the template in relation to contract types.

d) Distribution of the template in relation to professional groups and wages.

e) Distribution of the template in relation to the planning of the day, annual working hours, shift regime and measures of reconciliation of family and work life.

f) Distribution of the template in relation to union representation.

g) Revenue and ceases produced in the last year specifying professional group, age and type of contract.

h) Levels of absenteeism by specifying causes and breaking down those corresponding to permissions, disabilities, or others.

i) Last year excedences and motives.

j) Last year promotions specifying Professional Group and posts to which it has been promoted, as well as promotions linked to geographic mobility.

k) Last year training hours and type of training actions.

l) Number of complaints (except anonymous ones) produced in the last year by harassment and resolution of the procedure.

Also to be diagnosed: The criteria and channels of information and/or communication used in the selection, training and promotion processes, the methods used for the description of professional profiles and posts the language and content of job vacancies and application forms to participate in selection, training and promotion processes.

Article 108. Objectives of the Equality Plans.

Once the diagnosis of the situation has been carried out, the concrete objectives to be achieved can be established on the basis of the data obtained and may consist of the establishment of positive action measures such as those identified in the Article 18 of this Convention on matters where there has been a finding of situations of inequality between women and men lacking objective justification, as well as in the establishment of general measures for the effective implementation of the principle of equal treatment and non-discrimination.

Such objectives, which shall include strategies and practices for their achievement, shall preferably be aimed at the areas of access to employment, training, classification and professional promotion, remuneration and working conditions, reconciliation of family life, etc., and, in other words, may consist of:

a) Promote equality selection and promotion processes that prevent vertical and horizontal segregation and the use of sexist language. This will aim to ensure transparent selection procedures for entry into the company through the non-discriminatory drafting and dissemination of job vacancies and the establishment of objective and appropriate tests for the requirements of the of the position offered, related exclusively to the assessment of individual skills and abilities.

b) Promote the inclusion of women in positions involving command and/or responsibility.

c) Establish specific programs for the selection/promotion of women in positions in which they are underrepresented, in the terms set out in Chapter II of this Collective Agreement.

d) Review the incidence of atypical forms of recruitment (part-time contracts and temporary hiring arrangements) in the working group in relation to workers and take corrective action in the event of of higher incidence on these forms of procurement.

e) Ensuring equal access for women and men to the training of both internal and external enterprises, in order to ensure that women remain in employment, developing their training level and adaptability to the requirements of the demand for employment.

f) Specific information for women in training courses for positions that have traditionally been held by men.

g) Conduct specific courses on equal opportunities with particular emphasis on collectives with responsibility for selection, training and promotion.

h) Review the supplements that make up the salary to verify that they are not closing discrimination against women workers.

i) Promote processes and set deadlines to correct the possible gender pay gaps between men and women.

j) To achieve greater and better reconciliation of the family and work life of men and women through awareness campaigns, dissemination of existing legal permits and surplus, etc.

k) Establish measures to detect and correct possible risks to the health of women workers, especially pregnant women, as well as actions against possible cases of moral, sexual and sexual harassment discriminatory conduct. In these last situations of harassment, companies that do not have an approved performance protocol for this type of situation shall follow the one set out in Article 111 of this Collective Agreement.

l) Spread and expand rights and guarantees for victims of gender-based violence.

m) Establish measures to ensure the application of the gender perspective to the risk assessment and preventive activity of the company.

Article 109. Competence of the Companies and the Representatives of the Workers in the elaboration of the plans for equality and transitional arrangements.

It will be up to the company to perform the situation diagnosis. The documentation to be provided for such diagnosis shall be made available for the purpose of informing the employees ' representatives.

Once the diagnosis of the situation has been made, the companies affected by these provisions will have to negotiate with the workers ' representatives the corresponding plan of equality without prejudging the result. the negotiation since, both the content of the plan and the measures that in its case must be adopted will depend always on the previous diagnosis and that have been found in the company situations of inequality of treatment. In the event that there were discrepancies and a review of the nature of the conflict in accordance with the provisions of the law, the mediation and arbitration bodies of the Joint Commission shall be competent in accordance with the procedures laid down in the articles. 99 et seq. of this Convention.

Once the Plan has been agreed, a signed copy will be transferred to the Joint Committee for Equal Opportunities.

Once the equality plan has been implemented in the company, the workers ' representatives will be informed on an annual basis about their evolution, unless the plan establishes a minor frequency, and the latter may issue report if they consider it appropriate. If any circumstances preventing the full implementation of the equality plan are detected, the undertaking and representatives of the employees shall lay down the corrective measures necessary to achieve the objectives set out therein.

Companies shall have a period of time in accordance with this Collective Agreement for the purposes of applying the provisions of the foregoing Articles with respect to the diagnosis of situation and the plans for equality.

Article 110. Distinctive "equality in enterprise".

If the company requests the "equality in the company" flag, it must provide the workers ' representatives with copies of that request and the accompanying documentation so that they can issue a report on the measures, plans or programmes on the basis of which such an application is made.

If the report is issued, the company will incorporate it into the documentation to be registered for the flag request.

Workers ' representatives shall be informed by the company regarding the administrative decision that resolves the application as well as its validity, extensions, suspension, revocation or waiver.

Article 111. The Sectoral Joint Committee for Equal Opportunities.

It is agreed to constitute a Sectoral Joint Commission for Equal Opportunities, consisting of 4 members representing each of the parties to this Convention in order to address the commitments made. in this Chapter XVII of the Collective Agreement, with the following powers:

-Understand in terms of consultation on questions of interpretation and/or application that may arise in companies in relation to the provisions on equality plans set out in the previous articles.

-Follow up on the evolution of the equality plans agreed upon in the companies in the sector.

-Possibility of drawing up technical opinions on aspects related to equal treatment and opportunities between women and men at work at the request of the Joint Committee.

-If it is agreed in the same way, it will be able to produce a specific study in relation to the Equal Opportunities in the field and, in particular, an evaluation of the employment situation and employment of the women, to realize through the sectoral survey of the implementation of the Convention and for which it will be necessary for the data to be presented in the latter disaggregated by gender.

-On the basis of the conclusions reached, a possible concrete collaboration agreement will be discussed with the Women's Institute, as well as the possibility of drawing up a code of good practice on equal treatment. and opportunities in companies in the Chemical industry.

-The result of the pooling of these reports and their findings will be the annual report on equal opportunities for the chemical industry.

Article 112. Protocol for the prevention and treatment of situations of sexual harassment and for reasons of sex and discriminatory harassment.

1. Statement of Principles.

Among the Principles of Conduct and Performance of Companies included within the functional scope of this Collective Agreement is the "Respect for Persons" as an indispensable condition for individual development and professional, having their most immediate reflection in the principles of "Respect to Legality" and "Respect for Human Rights" that regulate the activity of all persons in the exercise of their functions, which requires observing a appropriate, respectful and dignified treatment, guaranteeing the safeguarding of rights fundamental work, dignity, personal privacy and equality.

In this same sense, the Organic Law 3/2007, of March 22, for the effective Equality of Women and Men recognizes that equality is a universal legal principle recognized in various international texts on rights (a) the obligation to promote working conditions which avoid situations of sexual harassment and because of sex, as well as by arbitrating specific procedures for their prevention and to give caution to complaints or complaints that may arise. formulate those who have been the subject of it.

The undersigned organizations of this Collective Agreement consider that conduct contrary to the principles previously stated, and more specifically, those that the present text identifies as acts of harassment, they are unacceptable, and therefore a mutual commitment of collaboration, in zero tolerance to any kind of harassment, must be adopted at all levels.

This protocol aims to prevent harassment in the working environment and, if it occurs, to ensure that appropriate procedures are available to deal with the problem and avoid a repeat. These measures are intended to ensure that workplace environments are free of harassment, in which all persons are obliged to respect their integrity and dignity in the professional and personal field.

For the above, and in the development of the duty laid down in Article 48.1 of the Organic Law 3/2007 of 22 March for the Effective Equality of Women and Men, BOE 23/3/2007, the signatory parties agree on the following protocol:

2. Personal scope.

This Protocol shall apply to all personnel of undertakings falling within the functional scope of Article 1 of this Collective Convention who do not have their own protocol.

3. Definitions and preventive measures.

(a) Moral Harassment (mobbing): Any abusive conduct or psychological violence is understood to be carried out in a prolonged manner over time on a person in the field of work, expressed through repeated behaviour, facts, orders or words which aim to discredit, disregard or isolate a person in order to achieve a self-abandonment of work, resulting in progressive and ongoing damage to his or her dignity or mental integrity. It is considered an aggravating circumstance that the person exercising the harassment has some form of hierarchical authority in the structure of the company about the person being harassed.

(b) Sexual harassment: In accordance with the provisions of Article 2.1-d of Directive 54/2006 of 5 July 2006, and art. 7 of the Organic Law 3/2007 of March 21, sexual harassment is considered the situation in which any verbal, non-verbal or physical behavior occurs, of a sexual nature with the purpose or effect of attacking the dignity of a person, in When creating an intimidating, hostile, degrading, humiliating or offensive environment.

(c) Harassment on the basis of sex: In accordance with Article 2.1-c of Directive 54/2006 of 5 July 2006, and art. 7 of the Organic Law 3/2007 of March 21, thus defines the situation in which a behavior occurs, performed according to the sex of a person with the purpose or the effect of attacking the dignity of the person, and of creating an environment intimidating, hostile, degrading, humiliating or offensive.

(d) discriminatory acts: Both sexual harassment and harassment on grounds of sex are set out in Article 7.3 of the Organic Law 3/2007 for the Effective Equality of Women and Men as discriminatory acts, the same being object of a prohibition expressed in the principles of Behavior and Performance, enjoying the special protection granted by the Spanish Constitution to fundamental rights.

They shall also have the consideration of discriminatory acts, to which this procedure applies, any conduct performed by reason of racial or ethnic origin, religion or belief, disability, age, sexual orientation or disease when they occur within the business environment or as a result of the employment relationship in order to attack the dignity of the people by creating an intimidating, hostile, degrading, humiliating or offensive.

These behaviors can be presented in three ways:

i. In descending order, when the victim is in charge of the alleged victim of the harassment.

ii. Horizontally, when it occurs among people of the same hierarchical level, usually seeking who acts to hinder the work of those who suffer it in order to deteriorate the professional image of this and even to attribute itself merits others.

iii. In ascending form, when the person who acts is a person who occupies a position of lower level than that of the alleged victim.

e) Preventive measures.

The following are set as preventive measures:

1. To sensitize the workforce both in the definition and forms of manifestation of the different types of harassment, and in the procedures for action identified in this protocol, in the event of occurrence.

2. Respect the principle of not tolerating such conduct, if necessary, the disciplinary measures provided for in the labour law of implementation.

3. To establish the principle of co-responsibility of all workers in the monitoring of work behaviour, mainly those with managerial or managerial responsibilities.

4. Define educational and/or communication programs that favor communication and closeness in any of the levels of the organization.

5. Dissemination of the application protocols in the company to all workers.

4. Procedure for action

The companies affected by this protocol guarantee the activation of the procedure described below when a complaint of moral, sexual or sexual harassment occurs, counting for this with the participation of the representatives of the employees.

a) Principles of the action procedure.

The procedure of action shall be governed by the following principles, which shall be observed at all times:

Guarantee of confidentiality and protection of the privacy and dignity of the persons involved, guaranteeing in any case the preservation of the identity and personal circumstances of the person who reports.

Priority and urgent processing.

Comprehensive investigation of the facts, objective and impartial, and if necessary, directed by specialized professionals.

Guarantee of action by taking the necessary measures, including, where appropriate, those of a disciplinary nature, against the person or persons whose conduct of harassment has been proven, as well as with regard to whom imputation or false denunciation, mediating bad faith.

Indemnification against retaliation, ensuring that no adverse treatment or negative effect on a person will occur as a result of the filing of a complaint or demonstration in any direction aimed at preventing the the situation of harassment and the initiation of the present proceedings (without prejudice to disciplinary measures which may be considered in cases of manifestly false denunciation).

A guarantee that the person who is harassed can continue in his or her job under the same conditions if that is his will.

b) Scope.

This procedure is internal, therefore, it does not exclude or condition the legal actions that may be exercised by the injured persons.

c) Getting started with the procedure.

The procedure will be initiated by bringing to the attention of the Human Resources Officers of the workplace, the situation of sexual harassment or by reason of sex, which may be carried out from any of the following forms:

1. Directly by the affected person.

2. Through the workers ' representatives.

3. For anyone who has knowledge of the situation.

d) Instruction.

The instruction of the file will always be carried out by the persons responsible for human resources of the company who will be responsible for instructing the procedure and to monitor that during the same one respect the principles

a) reporting on the performance of the reporting procedure;

Those who instruct the case, unless the person affected by the harassment manifests the contrary, for which they will be expressly asked, they will put in the knowledge of the workers ' representatives the situation, keeping them at all times to the stream of his performances. As long as the express consent of the alleged victim is not recorded, it is not possible to put the situation in the knowledge of the workers ' representatives.

The persons participating in the instruction (address, trade unions or any), are subject to the obligation of professional secrecy on the information to which they have access during the processing of the file. Failure to comply with this obligation may be subject to sanction.

Exceptionally and in particular circumstances that may occur in any case, the instruction of the file may be delegated to another person who designates the Human Resources Directorate.

e) Previous Procedure.

With the knowledge of the situation of harassment, a prior procedure will be initiated automatically, unless the gravity of the facts recommends otherwise, the objective of which is to solve the problem immediately, since, on occasion, the mere fact of manifesting the person who allegedly acts to another the offensive or intimidating consequences that their behavior generates, is sufficient for the problem to be solved.

At this stage of the procedure, the person who will instruct the file will meet with the parties in order to clarify the facts and reach a solution accepted by both parties.

The prior procedure is highly recommended, but in any case optional for the alleged victim. Once initiated, and in the event that the same does not end within ten days from the start having resolved the problem of harassment, it will necessarily lead to the opening of the formal procedure.

f) Formal Procedure.

The formal procedure will start with the opening, by the investigating party, of an information file.

For the elaboration of the same, in the instruction you will be able to practice how many actions are considered necessary for the clarification of the facts denounced, keeping the formality of giving the parties to the proceedings involved.

In the shortest possible time, without never exceeding a maximum of 30 days, a report containing the description of the reported facts, the concurrent circumstances, the intensity of the same, the reiteration in the the conduct and degree of involvement in the work obligations and the working environment of the alleged victim.

In any case, you must be convinced or not of the investigating party to have committed the facts reported, making explicit the facts that have been objectively accredited based on the due diligence.

g) Precautionary Measures.

During the processing of the file on the proposal of the investigating party, the Management of the Company may take the necessary precautionary measures conducive to the immediate cessation of the situation of harassment, without these measures being to prejudice the working conditions of the persons involved.

h) Assistance to the parties.

During the processing of the file the parties involved may be assisted and accompanied by a person of trust, whether or not representative of the workers, who must keep the information about the information to which he/she has access.

This trusted person may be present in the statements and communications that the investigating party directs to the persons involved.

i) Closure of the Expedient.

The Management of the Company, taking into consideration the gravity and importance of the accredited facts, will adopt, within a maximum period of 15 days the necessary corrective measures, being able to be the ratification as definitive of the precautionary measures taken in the handling of the file.

In any case workers ' representatives shall be aware of the final result of all the files which may be processed, as well as of the measures taken, with the exception of identity and personal circumstances. of the alleged victim of the harassment, (if the victim requested that the facts not be brought to the attention of the victim).

In any case, if harassment is found, the disciplinary measures provided for will be imposed. Similarly, if it is accredited, it shall also be deemed to be an act of discrimination on grounds of sex.

In the event that the non-existence of harassment is determined in any of its modalities, the complaint will be filed. If the bad faith of the complaint is found, the appropriate disciplinary measures shall apply.

Additional disposition first. Replacement of the Employment Ordinance.

The General Collective Agreement of the Chemical Industry replaced in its day the Work Ordinance of the Chemical Sector, repealed by Ministerial Order of 17 /II/88, and for all intents and purposes, constitutes the Conventional Regulations applicable to the Labor relations in this Sector.

Additional provision second. Retroactive guarantee of increases in the Convention.

The increases agreed in 2015 on the basis of the provisions of Article 33.II would be with retroactive effect on 1 January of that year, with all workers discharged during the duration of the Convention affected by the and for the entire period in which, during the year, they have been active in the undertaking, even if the determination of the percentages to be applied is made after the termination of their employment relationship. They will therefore have the right to these retroactive increases for those workers who have caused low in the company prior to their application.

The same rule will govern in the years 2016 and 2017, understanding that the retroactive effects of the increases agreed upon for those years are 1 January of each of them.

Additional provision third. Balance of Implementation of the Convention.

In the first quarter of the second year of validity of the Convention, the Central Joint Commission will take stock of the implementation of the General Convention through a survey to be carried out by the Central Joint Committee and which will be forwarded to all the companies concerned as well as the employees ' representatives in the same companies.

This survey will include a section for the study of the salary structure regarding the average and most frequent values of each of the concepts indicated in the article 33, differentiating the fixed amounts of the variables and in the latter its consolidable character or not.

Additional provision fourth. Implementation of the Convention.

Once the 18th General Convention of the Chemical Industry is in force, it is necessary to apply it at the company level. In the text of the Convention and in each of its articles, the intervention to be carried out by the workers ' representatives is indicated in order to comply with it.

On the other hand, given the density of conventional text and the sole effects of making it easier for those concerned to apply the Convention correctly, the signatories believe it is appropriate to outline in this clause the aspects of This Convention requires the intervention of the workers ' representatives, with regard to these interventions and their modalities specifically provided for in each of the articles of the Convention.

I. On an annual basis.

) As a priority in time.

-Wage Structure.

art. 29

-MSB and distribution of same.

art. 33

-Application of salary increments of each year.

art. 33

-Day Sorting.

art. 42

Calendar.

art. 46

-Professional Classification.

arts. 21-24

-Variable attributes

art. 34

b)

-Templates, productions, and hiring modes.

art. 15

-Subcontracting activities

art. 16-76.5

-Extraordinary hours analysis.

arts. 13.9-43

-Annual prevention plan.

art. 66

-Information and monitoring of the economic and industrial situation in the company.

art. 77

II. By virtue of the particular circumstances of each assumption.

-Organization of work.

art. 7

-Implementation of a new performance system

art. 9

-Introduction new technologies.

art. 10

-Telework

art. 10a

-Income tests.

art. 11

-Temporary work enterprises.

art. 17

-An assessment system in the competition-opposition and its specific application.

art. 19

-Depreciation of vacancies.

art. 15

-Amendments to incentive systems.

art. 9

-Monthly monitoring of overtime performed and your compensation system.

art. 43

-Day Prolongings

art. 43

-Work on weekends.

art. 45

-Notification penalties.

art. 62

-Quarterly economic information and other labor information noted in Article 64 of the ET and Article 74 of the Convention.

-Security and health in auxiliary companies, hiring and subcontracting

art. 66.5

-Training.

Cap. XIII

Additional provision fifth. Professional classification, promotion and training.

In order to achieve a proper articulation between professional classification, professional promotion and training, as a key element of both the business competitiveness in the chemical industry and the professional career expectations of workers, the creation of a working group is agreed upon to deal with the analysis of this issue during the duration of this Collective Agreement.

This working group will be composed of a total of six members appointed in a joint manner by both business and trade union representations of the Negotiating Commission.

Additional provision sixth. Employment.

The signatory parties undertake to analyze and study annually, the employment performance in the sector as a whole, using the usual means of information and monitoring.

Additional provision seventh. Social dialogue at European level.

The trade union and business organizations that have signed this Collective Agreement consider that the process of internationalisation of productive and commercial structures requires strengthening European unity. To this end, through the respective supranational structures in which they participate, they are committed to strengthening social dialogue at European level.

Additional disposition octave. Industrial Observatory of the Chemical Sector.

The trade union and business organizations that are signatories to this Collective Agreement undertake to maintain the necessary meetings in order to activate the Industrial Observatory of the Chemical Sector.

Additional provision ninth. Non-sexist language.

During the term of this Collective Agreement, the Joint Committee for Equal Opportunities will discuss a study to adapt its text to a non-sexist language. If agreement is reached, it would be incorporated into the text of the next Collective Agreement.

Final disposition.

The parties to this Collective Agreement acquire a commitment not to open new routes of employment within the functional scope of the General Convention of the Chemical Industry, as well as to not promote the maintenance of the regional and provincial sectoral collective agreements that currently exist.

ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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ANNEX V

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