Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9304
Having regard to the text of the XVIII General Collective Agreement of the chemical industry (code No. 99004235011981 agreement), which was signed on July 16, 2015, on the one hand by the Business Federation of the Spanish Chemical Industry (FEIQUE) representing of companies in the sector, and other FITAG by unions UGT and CCOO Industry on behalf of workers, and in accordance with Article 90, paragraphs 2 and 3 of the Law of the Workers' Statute, revised text approved by Royal Legislative Decree 1/1995 of 24 March, and the Royal Decree 713/2010 of 28 May on the registration and deposit of agreements and collective bargaining agreements,
This solves DG Employment:
registration of that collective agreement in the register of collective agreements and working arrangements with operation through electronic means of this Management Centre, with notice to the Bargaining Committee.
Having its publication in the Official Gazette.
Madrid, August 3, 2015.-The Director General of Employment, Xavier Thibault Jean Braulio Aranda.
XVIII GENERAL CONVENTION OF CHEMICAL INDUSTRY
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 chemical industry subsectors which are listed below:
- Acids, alkalis and salts; metalloids, silicon processing, industrial gases; electrochemistry.
- Petrochemicals and derivatives.
- Carboquímica and derivatives.
- Rubber and derivatives and transformed raw materials.
- Organic acids and derivatives,
- Alcohols and derivatives.
- Distillation of tars; waterproofing asphalts and derivatives.
- Derived from algae.
- Distillation of natural and derived resins.
- Plastics: raw and processed materials, including processing of composite materials (glass fiber and others).
- Explosive, gunpowder, matches and fireworks.
- Industrial oils and fats and derivatives.
- Pharmaceutical products.
- Animal health products.
- Paint, inks, varnishes and related.
- Waxes, paraffins and derivatives raw materials and always processed in the latter case, the main business is in a process of chemical nature.
- Industrial revealed sensitive and photographic material.
- Chemicals wholesalers whose activity is not strictly commercial but derived from other main chemical in nature.
- Frits, enamels and ceramic colors.
- Surfactant raw materials.
- Detergents for domestic use.
- Detergents for use in communities and industries.
- Conservation and cleaning products.
- Pearls of imitation (artificial).
- Locust bean gum.
In addition, the scope of this Agreement includes those companies and all their workplaces without being explicitly included in the above list, whose main activity Chemical Industry in accordance with the principle of unity company.
For this purpose, companies meeting the requirements set forth in the preceding paragraph are subcontractors of chemical companies, they will likewise apply this Convention.
In all the cases mentioned in the preceding paragraphs of this Collective Agreement be applicable irrespective of the country of origin of the companies.
Unless otherwise agreed, once consummated established succession by agreement between the assignee company and workers' representatives, this Convention shall also apply to companies and workers resulting from the change of ownership of a company or unit productive autonomous from its scope, although its activity was not included in those listed in this article, pending the effective date of this General Agreement or until the entry into force of another collective bargaining agreement applicable to the transmitted or outsourced activity.
Exception, be bound by this Agreement firms, belonging to a subsector not included in the above list, they are affiliated to any territorial or sectoral organization affiliated with FEIQUE. They will, in any case, excluding companies operating in oil refining.
This Convention shall not apply to those companies and workers, including in its functional scope, governed by an Agreement of Company, without prejudice to what is indicated below.
1.2 Structure of collective bargaining in the sector.
This collective agreement has been negotiated under Article 83.2 of the Statute of Workers and articulated collective bargaining in the sector of the chemical industry through negotiating the following structure:
A) national collective agreement of industry: The current General Convention of Chemical Industry in its eighteenth edition that is directly applicable to companies that are within their functional area, regardless of whether they are or not FEIQUE affiliates or any of its local or sub-sector partnerships given its legal nature of collective agreement overal without prejudice to paragraph 2) following in respect of the autonomy of enterprise agreements.
B) Collective Bargaining company or workplace, if any.
C) Collective Bargaining for a group of companies or a plurality of companies linked by organizational or productive reasons and nominally identified.
D) application of CGIQ Pacts: Apply in the company or, where appropriate, work center, the provisions of the General Collective Agreement, developing the provisions of the latter based on the Fourth Additional Provision, and deal matters that are specific to the company or workplace, submitting in any case that the provisions regarding the legal hierarchy established in Article 3 of the Statute of Workers. These pacts should include, as part of its content, the parts that together and are valid.
The following criteria are established based on the above:
1) In connection with the agreements implementing the General Convention of Chemical Industry: In light of the above, the collective agreement and implementation agreements remain between them a relationship of subordination and dependence of the latter with respect to the first not pacts can modify the application materials not available to the General Convention, except as indicated in the previous paragraph d).
2) Conventions Enterprise:
2.1 Collective Agreements or center company, registered with the competent labor authority, are autonomous in themselves, unless the supplementary signatories agree this Collective Agreement or the referral of certain matters to the provisions of this and in which case will be what on the matter agreed to those Conventions company.
Nevertheless, trade union and business representatives expressed their desire that this Agreement constitutes a reference to establish effective working relationships throughout the chemical industry. To this end it proposes that companies with own Convention this Collective Agreement are referred in matters regulated here, as well as supplementary law. They also encourage the accession to these Conventions Company through pacts conclude within their respective spheres representations of workers and employers.
up companies included within the functional scope of this Collective Agreement will be affected by it until the entry into force of which, if any, could negotiate with workers' representatives. Excepted from this principle companies that are created from the segregation of others in which it was in force a collective agreement under the terms of paragraph 2.1 above and in which case, it will be agreed by the parties.
Companies, workplaces, business groups and companies linked by plurality of organizational and productive reasons currently affected by this collective agreement, if agreed persons authorized to do so, may disassociate from the application of it using the following procedure:
A) For the start of the negotiations both parties (company and employee representation) should agree conformity with the start of it or, where appropriate, reasons for such refusal.
B) Prior to starting the process of negotiating the collective agreement itself, the management of the company and worker representation shall inform the Joint Commission for the sole purpose of their knowledge.
C) During the negotiation period will apply this Collective Agreement.
D) Upon completion of the negotiation process, the direction of the company and representation of workers communicate to the Joint Commission the agreement. In the event that an agreement regarding the content of their own collective agreement is not reached, the application of this Collective Agreement will be maintained.
E) Without prejudice to the applicative priority established in Article 84.2 of the Statute of Workers, the regulation established in this Collective Agreement will serve a minimum content of which could be established at lower levels in the following areas:
1. guaranteed minimum wages.
2. Maximum annual day.
3. Professional classification.
4. disciplinary system.
5. Environmental standards and occupational health and safety.
6. Systems of mediation and arbitration for conflict resolution.
F) Furthermore, the present Collective Agreement shall be considered supplementary law regarding all matters not specifically regulated in the Collective Agreement itself.
2.4 Common provisions for accession pacts and articulation, in connection with the Fourth Additional Provision of this Collective Agreement.
Decentralized Joint Commission for the field of enterprise copy of such agreements shall be transmitted Accession, as well as the articulation and implementation to develop the provisions of Additional Provision Four, so that such joint bodies exercise the functions under Chapter XV. In the event of not being further decentralized the Joint Commission created appropriate, shall be forwarded to the Central Joint Commission.
Without prejudice to the legally recognized to the Councils and / or delegates Personal powers Accession Pacts and the articulation and implementation outlined in the previous section and could subscribe, they will preferably be negotiated by the directorates Companies with the unions, if any, of the signatory trade unions of this Agreement, pursuant to the provisions of art. 6.3.b) of the lols and 87.1 of the Statute of Workers, especially where jointly bearing the absolute majority of the employee representatives elected in the elections unitary company representative bodies.
3) With regard to sectoral Conventions below the General geographical or functional area:
The joint bargaining in the chemical industry does not provide Conventions than company and lower the General Agreement branch of activity level, but for bargaining units that existed in this area, the General Convention is mandatory and compulsory application the following matters, without prejudice to the provisions of Article 84 and in relation to the aforementioned 83.2 of the Statute of Workers:
A) Guaranteed Minimum Wage.
B) Maximum Annual Conference and distribution.
C) Trial period.
D) Contracting modalities.
E) Professional Groups and job classification scheme.
F) Disciplinary system.
G) Minimum standards in environmental and health and safety at work.
H) Geographical mobility.
Regarding Guaranteed Minimum Wages shall apply Article 31 of this Convention in the sense that it must be counted all of remuneration to be received by workers in each company in normal or usual activity not work measured, with the only exceptions of seniority, plus turnicidad, night and complement job.
Article 2. Territorial scope.
This Convention shall apply throughout the Spanish territory.
Article 3. Personal scope.
These working conditions affect all personnel employed in the companies included in the above areas, regardless of their country of origin and / or residence except those who hold the position of directors in companies that take the legal form of society, or senior management or senior management in the company.
All references to this Collective Agreement the term 'worker' shall mean made either to the person, man or woman, except in those cases where the Collective Agreement itself expressly limit the entitlement.
Article 4. Temporal scope and denunciation.
This Agreement shall enter into force after its publication in the "Official Gazette" and in any case within 15 days from the signing. It will last until 31 December 2017.
The economic effects will retroactivity that for each year of operation, deriving from Articles 33 and Additional Provision Two of this Convention.
Denunciation shall be effected by any of the signatory parties, by certifiable to the Directorate General of Labour and the other signatories, within the last three months of the year of its term or extension communication organizations.
The parties agree to start negotiating the new Convention having made the complaint, even if they had exhausted its temporary effect. During the negotiations the term of this Agreement on the terms set out in Article 86.3 of the Statute of Workers will be maintained.
After 24 months of its complaint without having agreed a new one to replace it, this Convention shall cease to apply under the terms established in the legislation.
Article 5. Linking the whole.
The conditions here agreed form an organic and indivisible whole and, for the purposes of its practical application shall be considered globally.
Article 6. Guarantees.
be respected individually working conditions that were higher than those established in this Convention, considered as a whole and on a yearly basis.
Article 7. Powers of the Management Company and Workers' Representatives.
The organization of work, in accordance with the requirements of this Agreement and the legislation in force, has authority and responsibility of the management of the Company, with the participation of representatives of workers established in labor legislation and the Agreement.
Work organization aims to achieve the company an adequate level of productivity based on the optimum use of human and material resources. This is possible with an active and responsible attitude of the component parts: Management and workers.
Without detracting from the aforementioned power in the first paragraph, the employee representatives will have the functions of guidance, proposal, issuing reports, etc., in relation to the organization and rationalization of work, in accordance with the law current and in accordance with the provisions of this Convention and what is agreed in each company and / or workplace in development.
As part of the organization of work, the employer must ensure the safety and health of workers in all aspects related to working conditions based on the integration of preventive activity in the overall management system of the company , in all its activities and in all hierarchical levels, through the development and implementation of a risk prevention plan.
Prior to the modification of working conditions due to changes in its organization, to introduce new technologies or changes in yields systems, it will proceed with the assessment of the risks that could generate the introduction of such changes.
Article 8. Content of the Organization.
The organization of work will extend, inter alia, the following issues:
The requirement of normal activity.
2nd Award of the necessary elements (machines or specific tasks) so that the worker can reach at least the activities to which the previous number refers.
both "indices waste" as the acceptable quality throughout the manufacturing process in question.
4th surveillance, care and cleaning entrusted machinery, taking into account, in any case, in determining the amount of work and activity to normal performance.
embodiment, during the period of work organization, modification methods, rate, distribution of staff reassignments and technical variations of machinery and equipment, especially when compared to the latter question and seek to obtain a comparative study.
6th Adapting workloads, performance and fees to the new conditions resulting from applying the change of certain operative method, manufacturing process, change materials, machinery or other technical process condition that the case.
Setting clear and simple to obtain compensation calculations corresponding to each and every one of the affected workers, so formulas and so that, whatever the professional group thereof and the job they hold, they can easily understand.
Since the characteristics relating to the organization and management of work can influence the magnitude of the risks to which the worker is exposed, such characteristics must be taken into account within the framework of instruments for the management and implementation of risk prevention plan concretized in occupational risk assessment and planning of preventive activity.
9th The implementation by the company of information technology for monitoring the work performed, such as biometric controls such as fingerprint, video surveillance, controls on the computer (remote monitoring, indexing Internet browsing or reviewing or monitoring email and / or use of computers) or controls on the physical location of the worker by geolocation will be carried out whilst respecting the provisions of the Organic Law 15/1999, December 13, Protection of Personal data and Royal Decree 1720/2007 of 21 December amending the implementing regulations or standards in the future may replace the above is approved.
Such measures must be proportionate to the purpose of verifying compliance by the employee of their obligations and work duties. They must therefore respect their dignity and their right to data protection and private life taking into account, however, that the legitimation for the treatment derives from the existence of the employment relationship and therefore, in accordance with the applicable regulations, It does not require the consent of the worker.
Shall always fulfilled the duties prior to the affected workers established in the current legislation information.
Also, when these measures have the character of collective or plural must be informed by their implementation to representatives of workers, indicating the intended purpose.
Article 9. Procedure for the implementation of a new system performance and / or modification of existing.
For the implementation of a new system of performance based bonus or incentive, fixation of normal and optimal activity and change of working methods, proceed as follows:
1. The Management Company must inform in writing the new system is intended to implement the works council or staff representative and union representatives, if any, or representatives of the Union Sections company.
2. In the event that no agreement between management and employee representatives in relation to the implementation of a new system of work organization, either party may request the mediation of the Joint Commission or both sides of common agreement, with the exceptions provided in Article 99 b), seek arbitration thereof, in accordance with the provisions of articles 99 and 100 of this Collective agreement and without any of these procedures may not exceed 15 days duration . To this end, it will apply all the provisions of Chapter XVI of the Convention.
3. Not having produced the required agreement or requested the external arbitration implementation of the new system of performance or work will power and decision by the Management Company, regardless of the legal actions that correspond to those affected, if interpreted these that modifications They gotten injured his contractual rights. As long as no agreement is reached in mediation proceedings or arbitration award or final judgment is issued, the new system yields ordered by the Directorate shall apply, all in accordance with the terms provided for in Article 41 of the Statute Workers for cases of substantial change in working conditions.
4. The implementation of a new system yields behave, if necessary, updating of occupational risk assessment.
Article 10. New Technologies.
When a company new technologies that may pose to workers substantial change in working conditions or a period of training or technical adjustment no less than one month, the same should be communicated in advance to introduce representatives workers in sufficient time to analyze and predict its consequences regarding: employment, occupational health, training and organization of work on these aspects to be consulted. Also, the workers concerned shall be provided appropriate training and necessary for the development of its new role.
The introduction of new technologies entail, if necessary, updating of occupational risk assessment.
Article 10a. Telecommuting.
The signatories of this Collective Agreement consider telecommuting as a possible means of organizing work in companies, provided that appropriate safeguards are in place.
A) Definition: telework consideration has the form of organization and / or execution of the work that uses the information technology in the context of a contract or employment relationship which is predominantly performed in the worker's home or in place freely chosen by him, his face alternative development in the workplace of the company mode.
Shall not be considered telecommuting, if the nature of the role main work itself justifies the performance of work usually outside the company premises, with the information technology and communication used by the worker mere elements of aid and facilitating such work activity.
B) Voluntary nature: Telework is voluntary for both the worker and the company. Telework can be part of the initial description of the job or can be started later in both cases must be documented by the "individual telecommuting arrangement."
If telework is not part of the initial job description, and if the employer makes an offer of telework, the worker may accept or reject the offer. If the worker expresses the wish to pass to telework, the company can accept or reject this request.
As only changes the way of doing the work, the passage to telework itself does not change the employment status of the teleworker. In this case, the refusal by the employee to provide services teleworkers is not in itself grounds for termination of the employment relationship or modification of the conditions of employment of the worker.
If telework is not part of the initial job description, the decision to pass to telework is reversible by individual or collective agreement. The reversibility implies a return to work in the premises of the employer at the request of the employee or employer. The modalities of this reversibility are established by individual or collective agreement.
C) Right to information: The company will provide teleworkers information about matters contained in RD 1659/1998 on information to the worker on the essential elements of the employment contract and the corresponding basic copy of it Finally the representatives of workers.
The company will provide teleworkers and workers' representatives about the safety and occupational health that teleworking should be paid.
The "individual agreement telecommuting" collect the ends referred to in this section as well as the conditions regarding work equipment.
D) Conditions of use: Teleworkers have the same rights guaranteed by law and this Convention concerning employment conditions than comparable workers working on the premises of the company, except those arising from the nature of the work carried out past them.
The employer shall establish the necessary means to ensure effective access of these workers to vocational training for employment, in order to facilitate their career advancement. Also, to enable mobility and promotion, it shall inform teleworkers of the existence of vacancies for classroom development in their workplaces.
Given the individual and voluntary nature of teleworking, company and worker / is affected / s shall define the conditions that form of work, except in areas where there could be collective agreement with the workers' representatives, in which it will be agreed.
E) Safety conditions: The employer is responsible for protecting the health and safety of the teleworker.
The employer shall inform the teleworker of the company policy on health and safety at work, particularly on the requirements on data screens. The teleworker correctly apply these security policies at work.
The development of teleworking in the worker's home will only be possible when the space is appropriate to the requirements of safety and health at work.
The employer must take steps to prevent the isolation of teleworkers in relation to other workers of the company.
To verify the correct application of the rules on safety and health at work, the employer and employee representatives can only access the teleworker's home prior notification and consent of the latter.
F) Collective rights. Teleworkers have the same collective rights as other workers in the company and will be subject to the same conditions of participation and eligibility in elections to bodies representing workers or providing worker representation. For this purpose, unless expressly agreed otherwise, these workers should be assigned to work center closest to their home where they could be functionally integrated company. For this purpose, unless expressly agreed otherwise,
G) Equipment Work: All questions concerning work equipment, liability and costs are clearly defined before starting telework.
The employer is responsible for providing, installing and maintaining the equipment necessary for regular telework unless the agreement is established that the teleworker use your own equipment. In any case, if telecommuting is done regularly, the employer will cover the costs directly caused by this work, particularly those related to communications, and will provide the teleworker adequate technical support service.
Article 11. Revenue.
The income of workers shall comply with the general statutory procurement rules and specific programs included in the national employment promotion force at any time. They also should be linked to the principles of career plans that may exist in companies.
The implementation of the provisions of the preferential right to admission and selection process and covered by this Article 11 contracts shall always respect the provisions of Law 15/1999 of 13 December, protection of Personal data and Royal Decree 1720/2007, of December 21, by which the implementing regulations or standards in the future may replace earlier approved.
Have a prior right to income, equal merit, who have played or are performing functions in the company eventually, on an interim basis, or any other fixed term contract, part-time contract, training contract and learning and work experience contract. They have an equal right who are in possession of the official degree or professional certificate required for the job to cover and vocational training courses related to it have made. To make the principle of affirmative action specified in Article 18 of this Convention shall be established in the company exclusions, reservations and preferences in hiring conditions so that equal suitability, have a preference for hiring people of sex less represented in the group or function in question.
In every workplace or company, address, notify the workers' representatives:
A) The job or jobs that are expected to cover.
B) The conditions to be met by applicants.
C) Selection tests performed.
D) The documentation from applicants.
In any case, the criteria used in selection procedures should be objective and neutral to avoid any direct discrimination or indirect unfavorable on grounds of age, disability, gender, origin, including racial or ethnic origin, marital status , religion or belief, political opinion, sexual orientation, union affiliation, social status or language.
The representatives of the workers, who may issue report thereon upon receipt of the above information, ensure the objective application, as well as the absence of discrimination based on the above factors.
Where there are vacancies in jobs that do not involve control or trust, company address, unless otherwise agreed with workers' representatives prior to resort to external recruitment to the company, it shall inform the usual means established by the Company, in order that any worker can choose the selection process since it is intended to cover.
Article 12. Probationary period.
The income of workers shall be considered made on a trial basis, the period will vary according to the nature of the positions to be filled and that in any case within the time set in 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, a month.
In any case, it may not exceed 1 month for contracts concluded practices with workers in possession of medium-level or two months for trainees contracts concluded with workers who hold title top grade. If at the end of the contract in practices the worker continues in the company can not be established a new trial.
It only means that the worker is subject to probation if agreed in writing. During the trial period for the company and the employee may freely resolve the contract without notice period without right to compensation. The power of withdrawal may not be exercised if it causes injury to a fundamental right.
You can not place a new trial when the worker has performed the same functions previously in the company, under any type of contract.
When the worker who is performing the test period not exceeded, the Management Company shall be obliged to inform the workers' representatives.
After the trial period, workers will join the workforce, with all rights attached to his contract and the collective agreement. The temporary disability, maternity and adoption or fostering interrupt the computation of this period, which will resume after the effective date of incorporation to work.
The training courses given by the companies they will be considered for all purposes as time trial.
Article 13. Procurement.
The employment contract may be concluded indefinitely or for a fixed term under current labor laws at all times.
Labor relations are, primarily, indefinite.
The various types of contracts should correspond effectively with the purpose established by law or agreement. Otherwise, such contracts will evasion of the law to be considered permanent for all purposes.
Whatever type of contract to be used will take into account the participation of all workers in the formative processes of the company.
Be null individual clauses in employment contracts that establish detriment of the employee less favorable or contrary to the provisions of law necessary to set out in legislation or in this Collective Agreement conditions.
The non-competition agreements and confidentiality clauses that may be established in the employment contract must always be justified in an effective industrial or commercial interests of the company.
13.1 -Contracts fixed term.
The present contract shall be governed by the provisions of this Collective Agreement, Articles 15, 8.2, 49.1 concordant cy of Royal Legislative Decree 1/1995 of 24 March approving the revised text of the Act is approved the Workers' Statute and by the RD 2720/1998, of 18 December, concerning fixed-term contracts.
13.1.1 Contract for market circumstances, accumulation of tasks or excess orders.
Fixed-term contracts 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 such causes occur.
In application of art. 15.7 of the Statute of Workers the company must inform workers with fixed-term contracts, including training contracts on the existence of vacancies, to ensure the same opportunities to secure permanent positions as other workers.
13.1.2 interinaje contracts.
In the interim contracts, if that term was longer than two years, except in the case of substitution by special leave for appointment to public office, the workers, their cessation, receive compensation of twenty days per year or fraction .
In these contracts expressly indicate the worker / s, jobs and circumstances that are the subject of interinaje.
13.1.3. Work or service contracts.
To encourage the use by chemical companies of recruitment procedures prescribed by law, is agreed to create a work contract or service, as provided by Article 15.1 of the Statute of Workers, reaffirming the causal nature of these contracts.
These contracts may cover all tasks or work sufficiently differentiated by the additional workload they represent, they are limited in time and the duration may be expected, are directly or collaterally related to the production process of the company. Prior to the use of this type of contract, the company will realize the Workers' Representatives cause the contract, as well as working conditions thereof, specifying the number of workers affected professional groups to assign and duration expected. This inclusion in this Convention shall not be construed in any way as a limitation to the contractual conditions specified in that article 15.1 a) of the Statute of Workers.
Functional mobility for workers hired under this type of contract will be limited to activities arising from the work and service that serves as a cause for recruitment.
Contracts certain work and service to subscribe for a period exceeding four years they will become indefinite contracts. The provisions of this paragraph shall affect the work and service contracts signed after the 16.07.2015 (date of signature of this Collective Agreement).
Shall not be liable to be included in this particular type of contract work and service activities that, by the definition set out in Article 13.5 of this Collective Agreement, should be understood included within the fixed discontinuous.
The conversion to permanent contract is deemed made to the contract to promote permanent contracts established in the current legislation.
13.1.4 contract for training and learning.
Contracts for training and learning formalized in accordance with applicable law, and the General Convention itself of Chemical Industry, will be primarily aimed at the acquisition of professional competence or qualification jobs in Groups 3 and 4 of those workers who are not in possession of theoretical training and / or experience necessary, and exceptionally in those positions of Group 2 which by their very nature require specific knowledge and experience. Work activity must be related to the own training content of this contract.
These workers can not perform overtime except in the case provided for in Article 35.3 of the Statute of Workers. They may not do night work or shift work.
The guaranteed remuneration of workers recruited on training and learning will be 80, 90 and 95 SMG 100 Trade Group provided for in the collective agreement and in which the activity takes place, for, respectively, the first, second and third year of the contract.
The time devoted to theoretical training each contract for training and learning to subscribe never be less than 25 percent in the first year and 15 percent during the second and third year of the contract being imparted that training outside the workplace.
Persons engaged in this form will be assigned to them by the company other than the work of tutoring, being directly related to the activity for which the contract has been done, exercise. The company will inform workers' representatives on the guardians appointed in each contract for training and learning.
work experience contracts.
They understood as applying to this type of contract, those designed to agree with those who were in possession of a degree or training or higher level or officially recognized as equivalent professional certificate or titles, all in the form under Article 11.1 of the Statute of Workers.
The activities for which contracts are set in practice will be included in the Professional Groups 3, 4, 5, 6 and 7 of the Convention.
The guaranteed remuneration of workers employed in practice be 65 or 80 SMG 100 professional performing group in the provision of their employment relationship, during, respectively, the first and second year of the contract.
common system of fixed-term contracts.
Workers hired for a specified period shall have equal rights and equal treatment in labor relations as other workers of the staff, except for the limitations arising from the nature and duration of his contract.
Acquire the status of permanent, anyone who has been the mode of recruitment, which had not been discharged in Social Security, once a period equal to that could be set for the trial period has expired, except that the very nature of the activities or contracted services is clearly evident from the time duration thereof.
Fixed-term contracts that have established maximum duration concluded by a shorter duration than the maximum legally established, shall be construed as tacitly extended until the corresponding maximum duration, if not brokered any complaint or express extension before maturity and the worker continue to provide services.
Contracts for training and learning may be extended by agreement of the parties, up twice, without the duration of each extension may be less than six months and that the total duration of the contract may not exceed the duration maximum under current legislation.
said maximum duration or the express eventual extension of the contract, the work or service performed or produced the cause of extinction of the interim contract, if there is no express complaint and the worker continues to provide services, the contract he considered tacitly extended indefinitely, unless proved otherwise stating the temporary nature of the provision.
Whenever the contract is longer than one year, the party making the complaint is required to notify the other of the termination of the contract with a minimum of 15 days, except in the interim contract that will be I agreed.
Failure by the company for the period prescribed in the preceding paragraph will lead to compensation equivalent to the corresponding to the days when that period has been breached salary.
13.2 Part-time contracts.
The employment contract shall mean held part-time as has been agreed to provide services for a number of hours a day, a week, a month or a year, less than the working day of a worker on time fully comparable. Means held indefinitely when arrange for permanent jobs and newspapers within the normal volume of business activity.
Part-time contract must necessarily be in writing and shall be specified therein the regular number of hours of work a day, a week, a month or a year, as well as daily or weekly or monthly or annual distribution, unless the distribution of working time for workers with part-time contract is agreed in the company with the workers' representatives.
Workers hired part-time have the same rights and equal treatment in labor relations that other permanent employees, except for the limitations arising from the nature of their contract. Workers hired part-time supplied enjoy the dining, transportation, etc., in the same way as the rest of the squad, can Serles compensated in cash if so agreed.
By agreement between the company and workers' representatives may expand the number of additional hours expected for this type of contract up to 50% of normal hours under the contract. In any case, the sum of ordinary hours and additional should be less than the maximum working time in governing the company.
Workers with part-time contract may choose to go on to develop full-time activity where permitted work organization and production of the company, and will be given preference for full-time vacancies. In addition, full-time workers may choose to develop their work part time where this is compatible with the productive organization.
13.3. Replacement contracts.
In companies where the circumstances that enable the replacement contract occur, you can proceed to the embodiment thereof provided there is mutual agreement between employer and employee.
Agreements the company has made specific commitments on this matter will be respected in its entirety.
The said relief contract shall be governed in their formalities and requirements, the provisions of the legislation.
However, by mutual agreement between the company and retired worker may be agreed accumulation of working time of the latter at a certain time of year.
In accordance with Article 12.7, letter d, of the Statute of Workers, the job of the relief worker may be the same as the replaced worker. In any case, there must be a correspondence between the contribution bases both in the terms provided in Article 166.2 e) of the General Law on Social Security.
13.4 Fixed-discontinuous contract.
The contract for an indefinite period of intermittent permanent is the concerted effort to carry out work in the nature of fixed discontinuous and are not repeated on certain dates within the normal volume of business activity. The discontinuous fixed contract is distinguished from possible because their services are repeated over time and are inherently linked to the production process of the company and without which it would not be possible to carry out the activity thereof.
In cases where these discontinuous work repeated itself on certain dates, we will apply the regulation of part-time contract held indefinitely.
When the contract fixed discontinuous mode is used will be established in each company, the report-consultation of representatives of workers, order and form of call with objective and non-discriminatory criteria. The call to the worker and notification to workers' representatives, shall be made with a minimum notice of seven days.
In the written contract formalized shall contain an indication of the estimated duration of labor activity on the form and order of call and estimated working hours and hourly distribution.
The company address inform permanent workers - Discontinuous on vacancies relating to contracts of indefinite duration ordinary character arising in the company. These workers have a prior right to fill vacancies that are to be covered by full-time permanent contracts.
13.5 Hiring of physical, mental and / or sensory disabled.
In order to guarantee the right to work of persons with disabilities in conditions which ensure the application of the principles of equal treatment and non-discrimination parties agree to the following measures:
1. The companies will integrate staff with disabilities have their origin in any occupational disease, accident or physical, mental or sensory wear as a result of their professional activity in the company, destining to work appropriate to their conditions.
2. To be placed in this situation will be preferred workers earning lower pension benefits or the current minimum wage.
3. The order for the benefit provided in this Article shall be determined by seniority or, in case of equality, by the largest number of minor children or incapacitated for work.
4. The remuneration of these staff will be for your new job.
5. Also, in a manner consistent with applicable laws, the Companies will be obliged to provide adequate seats that could be filled by workers who disability can not continue to play his trade with the normal performance in the terms, conditions and alternatives provided for in Law 13/1982, of 7 April. In the event resorted to such alternatives, companies and inform them of their cost to the workers' representatives, upon request of the latter.
6. Companies seek to take appropriate measures to adapt jobs and accessibility in the company taking into account however the particular characteristics of these positions and own existing facilities.
7. Companies may hire temporarily to carry out their activities, whatever the nature thereof, disabled workers unemployed registered with the Employment Office, with a degree of disability equal or superior to 33% or pensioners of the Social Security having recognized a pension of permanent disability degree total, absolute or serious disability pensioners and pension recipients who have recognized a pension or retirement for permanent disability for service or worthlessness. At the end of the contract the employee is entitled to compensation under the legislation.
The duration of such contracts may not be less than twelve months nor more than three years. When conspire for less than the maximum prescribed period may be extended before its completion for periods less than twelve months.
13.6 succession of temporary contracts.
Workers over a period of 30 months had been hired for a longer period than 24 months, with or without interruption, for the same or a different job with the same company or group of companies through two or more temporary contracts, either directly or through making available for temporary employment with the same or different contractual fixed term, they acquire the status of permanent workers.
In the event that the stringing of contracts with the same or similar cause and / or to perform the same productive activity it is temporary contracts by market circumstances, accumulation of tasks or excess orders, the aforementioned deadlines may not exceed 12 months within a period of 18
The same rule will apply in those cases where in the same job is covered by stringing two or more temporary contracts, including contracts made provision with temporary work. In this case it will become indefinite contract worker who, at the time exceeded the time limits specified above person was taking the job in question. The provisions of this paragraph shall apply to the contract that finds it in effect on the date of entry into force of this Convention.
The provisions of this Article shall not apply to the use of training contracts, relief and temporariness.
13.7 Conventions formative collaboration.
When companies conclude agreements of educational collaboration for the development of "practical training module" (regulated vocational training) or any other non-labor practices with universities or any other institution, will give knowledge of such agreements collaboration with representatives of workers.
The company and workers' representatives jointly review the number of extra hours worked for the purpose of converting fixed employment repeated in conditions of homogeneity over the past three years, excluding force majeure not count for this purpose and having such consideration, among others, come required by the need to prevent or remedy accidents or similar whose nonperformance produce obvious and serious damage to the company or third parties and risk of loss of raw materials.
13.9 Stability Index:
Similarly, in order to encourage permanent employment by all the above, those workplaces that at December 31, 2014 and subsequently to December each year of the Convention 31 established by analysis Article 15 of this standard, accredited in the production area, including sections of maintenance, services and research, as weighted average of the 12 months prior to the latter date, an index of fixity in their workforce 80% or higher , will benefit during the 12 months following the finding of the index, additional elements of flexibility in work organization listed in letters a) and b) of this Article.
For the purposes of calculating the percentage stated above will be considered and counted as temporary workers from temporary employment agencies that provide or have provided services in the aforementioned production area during the previous 12 months.
Will not be counted for purposes of calculating the index of fixity interim contracts.
In the event that the workplace in question reaches or exceeds the percentage of fixity indicated above, the company must report in writing to the workers' representatives regarding their intention to use measures flexibility which are specified below and provide the documentation, respecting the law on the protection of personal data, proving irrefutably fixity rates achieved.
A) Increase in number of flexible hours set out in Article 42.3, on a percentage of said bag according to the following scale.
Index fixity top 80%: 30% increase in the stock Article 42.3 hours.
Index fixity top 85%: 40% increase in the stock Article 42.3 hours.
Index fixity above 90%: 50% increase in the stock Article 42.3 hours.
Compensation flexible hours made under this paragraph a), that is, in excess of 100 hours provided for in Article 42.3 of this Agreement, shall be at the rate of 1.5 hours for each hour furlough Flexible performed.
B) Ability of the company to modify the individual quadrants out of the fact absences relay and outside the work schedule governing the company, provided that such amendment is notified to the worker and their legal representatives, with a minimum of 5 days and the number of modifications does not exceed:
Index 80% higher fixity: 1 day per quarter.
Index 85% higher fixity: 2 days per quarter.
Index 90% higher fixity: 3 days per quarter.
In workplaces where the above requirements are met, the latter measure of flexibility possible modification of individual quadrants will apply in preference to other mechanisms set out in this Collective Agreement.
Compensation made flexible hours based on this paragraph b), ie those made outside the individual quadrants, will be at 1.5 hours off for each flexible hour.
Compensatory rest periods that may apply for the realization of all flexible hours referred to in this article will become part of the individual bag available time regulated in Article 45a and enjoy in the form and terms there provided.
Flexibility measures here you agreed 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 reduced working hours for legal guardianship or direct care of relatives).
May not benefit from the flexibility measures provided herein companies that, in the 12 months taken as a reference to measure their rates of fixity, have increased in the production area, including sections of maintenance, services and research, outsourcing of activities with the aim of achieving fixity rates mentioned above.
Article 14. Moonlighting.
The signatories of this Convention eradicate moonlighting as desirable as a general rule.
Therefore, and to contribute to the objective of controlling moonlighting, exact compliance with the requirement to disclose for consideration to the representatives of workers, bulletins contribution to Social Security is considered essential, and documents concerning the termination of the employment relationship, pursuant to Rule 64.1.5 of the Statute of Workers.
In this sense, companies do not take effect contracting work multiple job holders who are employed full-time in another company. Yes they may do so, however, when such employment is carried out in days of part-time work, provided that together do not exceed the normal working day.
Article 15. Template.
15.1 Changes in staff.
In the last quarter of each year companies and workers' representatives will discuss the evolution of the workforce during the year and developed activities and productions, its distribution throughout the year and the various types of contracts and outsourcing used in each, along with overtime worked.
On this basis companies will set the template forecasts and objectives for the next year in relation to the objectives of production and sales, anticipated changes throughout the year, the market situation, the investments to be made, the technological innovations, training and promotion plans, potential projects rejuvenation templates, etc. Such forecasts and targets will be presented in writing to the representatives of the workers, who formulate its position.
Balances and forecasts of staff and their relationship to the activities of the company, which involves defining the template at the beginning of the year and foreseeable developments along the same, will be broken down by functional organic workers divisions and groups professionals, indicating the relevant contractual arrangements.
Quarterly recruitment methods used and the assumptions of subcontracting the evolution of the forecasts indicated will be examined, as well as projects for the next quarter, detailing the new contracts to each application.
The company, at the request of representatives of workers, deliver to them the full list of existing staff at 31 December indicating for each worker Professional Group, Organic division, department, job title or function, regime of day, type of contract and termination date of the contract in the event of not being undefined.
Without prejudice to the promotion of existing staff by way of promotion, companies can amortize the vacancies. All this, and before amortization of vacancies, representatives of workers will be informed if any, for the appropriate purposes.
15.2 Crisis situations.
The companies affected by this Collective Agreement shall give priority in the process of adjustment template to internal and external processes (transfers / travel) mobility and to take organizational flexibility and changes, especially those regulated in articles 13.9, 42 and 45 regarding the use of the bag flexible hours that allow proper use of existing resources. In any case, the options listed will be negotiated with the legal representatives of the workers.
The companies are committed to use the records of employment regulation as a last resort and not without first exhausting internal procedures and means of conciliation and mediation in line with what mentioned in the previous paragraph.
Here and prior to the formal presentation of the procedures of Article 51 of the Statute of Workers, were articulated with representatives of workers in the enterprise information systems in order to avoid as much as possible the use of these procedures. All this without prejudice, where applicable, the final presentation of them by the company address.
This information shall be provided with sufficient and necessary time to allow the study and, where appropriate, issuing report by workers' representatives.
In any case, the possible issuance of report by workers' representatives may not be a delay in the application of legal action by the company.
In preparing plans against crisis situations referred to in Article 51 of the Statute of Workers (termination of contracts by economic, technical, organizational or production), companies assume the need to establish, to address such issues, a plan whose preparation must provide own and market data that justify the proposed measures, make a diagnosis right situation and propose alternatives to the situation raised so that the termination of contracts are always up on the last one . For this purpose the company management must first consult with workers' representatives, according to the law, the contents of the plan with the intention and willingness to obtain the possible agreement on the most effective solutions to the problems.
Article 16. Subcontracting of activities.
The chemical companies in particular ensure social responsibility services companies, checking, among other things, not only to be aware of their social contributions and fulfill all the rights and obligations of the employment relationship (between other on wages, safety and health at work, etc.), but also its staff membership of a significant number of permanent workers.
Recruitment and outsourcing of activities and / or services shall be made in accordance with Article 42 of the Statute of Workers.
Hiring or outsourcing of activities will not be possible when the object of the service contracts between companies merely to a limited set of available workers transferor to the transferee, or the transferor lacks an activity or an organization's own stable, or not have the means necessary for the development of its activity, or does not exercise the functions inherent in its capacity as employer.
Article 17 Temporary Employment.
Contracts concluded with making available temporary employment will cover occasional activities in accordance with the provisions of Law 14/1994, of July 1st and implementing regulations, as well as in the present Collective Agreement.
No contracts may be concluded making available to replace striking workers in the user undertaking or when the immediately preceding twelve months, the main contracting company has amortized the jobs that are intended to cover for unfair dismissal or for the reasons specified in articles 50, 51 and 52, paragraph c) of the Workers' Statute, except in cases of force majeure. If the deadline for making available the worker continues to provide services in the user company it would be considered linked to it by a permanent contract.
Chemical companies shall ensure that temporary work agencies ensure that workers have made available the training required to perform the job, the one included in the professional classification or usually ask the company for similar positions. In any case it is binding accredited by the temporary employment training in occupational safety and health received by the worker made available.
The companies will present to representatives of workers contracts provision and employment contracts of the workers concerned within a maximum period of ten days, so that those can perform the functions of supervision of the conditions work, training and occupational health of workers in the ETT, meaning the right to file protection through representatives of workers in the user undertaking claims regarding the conditions of implementation of labor activity.
Article 18. Positive action.
To contribute effectively to the implementation of the principle of non-discrimination and its development under the concepts of being equal in jobs of equal value, it is necessary to develop a positive action particularly in the conditions of employment, salary, training, promotion and conditions work in general, so that equal suitability people have preference gender less represented in the professional group in question.
On wages reproduced it is given by Article 28 of the ET, which establishes the conditions of the principle of equal pay on grounds of sex and notes that refers to both direct and indirect compensation, as extra-wage salary.
Article 19. Ascents.
The right to promotion through promotion must always be implemented in accordance with the training plans and promotion regulations that may exist or have been agreed in companies with workers' representatives, and shall be subject the following regime:
1. The rise of workers to tasks or jobs involving leadership or trust, such as those carried out Foremen, Foremen, Delegates \ as, Headquarters Organization Headquarters Data Processing, Chief of Operations, Chief of Administration, Headquarters Sales, Chief of the areas of Occupational Health and Safety or Environment, Advertising and / or Marketing, Inspection, etc. ,, shall be appointed by the company.
2. For the rise of other workers, companies establish an open competition based on a system of objective and neutral character, with reference to the following circumstances: appropriate qualifications, academic assessment, knowledge of the job, career history, have played role of higher professional group and successfully pass the tests established for such purpose, as well as the possible relationship of the rise in the training plan.
To make the principle of affirmative action specified in Article 18 of this Convention may be established in the company exclusions, reservations and preferences for promotion so that in equal merit, have the primary right to be promoted the persons of the sex less represented in the group or function in question. In any case, the criteria to use in promotion procedures must be objective and neutral to avoid any direct discrimination or unfavorable indirectly on grounds of age, disability, gender, origin, including racial or ethnic origin, marital status, religion or belief, political opinion, sexual orientation, union affiliation, social status or language.
The rating system will be made by the Directorate mandatorily was ruled by representatives of workers. In the event of disagreement should occur by estimating workers' representatives that the system lacks objectivity or neutrality, in joint session, both parties will try to negotiate an agreed solution. In the event of disagreement still persists, you should resorted to mediation or arbitration of the Joint Commission in accordance with the provisions of Article 98 of this Collective Agreement, without retention may, if appropriate, the subsequent resolution through administrative channels or judicial.
For the purpose of ensuring the participation of workers' representatives in the procedures through which promotions occur, they shall appoint two representatives to participate in the court of competition, with voice but no vote. They will also put on record, up to this effect, their qualifications.
In the application of this article the equal right of all workers to the promotion will be respected, without any discrimination on grounds of age, sex, race or national origin, or any other condition or personal or social circumstance.
The implementation of the provisions of this Article shall at all times respect the provisions of Law 15/1999 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, by which its implementing regulation is approved.
3. representatives of workers be notified promotion to Group 7 inclusive.
Article 20. Withdrawals volunteers.
Workers who wish to leave voluntarily in the service of the company will be obliged to put in knowledge of it, meeting the following notice periods:
- Professional Groups 7, 8 and 0, two months.
- Professional Groups 5 and 6 one month.
- Professional Groups 1,2, 3 and 4 fifteen days.
The failure of workers forewarning with the indicated advance will entitle the company to deduct from its settlement the salary of one day for each day of delay in the notice.
The company will be obliged to liquidate the deadline fixed concepts that can be calculated at that time. Failure to comply with this obligation attributable to the Company shall entail the right of workers to be compensated with the amount of one day for each day of delay in settlement, with the limit of days notice. There will be no such obligation and therefore not born this right if the worker does not notice in due time.
If the voluntary termination occurs on fixed-term contracts of more than one year will be to regulation and effects set out in Article 13.2.6 of this Agreement duration.
Professional classification. functional and geographic mobility, substantial modification of working conditions
Article 21. Functional classification.
Workers affected by this Convention, in view of the functions to develop and in accordance with the definitions specified in the following article shall be compulsorily classified in professional groups.
In accordance with the provisions of Article 22.4 of the Statute of Workers when the functional versatility or performing own more than one professional group agreed functions, equating be held under the functions perform for greater weather.
This does not detract from the provisions of Article 22 Professional Group 4 letter c) of the subsector of pharmaceutical, animal and plant health industries regarding production workers who have the level of versatility there indicated.
Likewise, workers who have been specifically hired to fill the position of carretillero (transport and palletizing tasks with mechanical elements) should be classified in Group 3 professional regardless of time of use of such mechanical elements.
In any case, when work is performed corresponding to a higher professional group corresponding to the latter pay in accordance with the provisions in Article 26 of this Convention shall be levied.
This professional structure intended to obtain a more reasonable production structure, all without loss of dignity, opportunity for promotion and fair compensation corresponding to each worker. Current jobs and tasks shall comply with the groups set out in this Convention.
Article 22. Definition of professional groups.
professional groups that bring together the various tasks and functions performed in the Chemical Industry, within the organic functional divisions in which it decomposes defined.
Such functional organic divisions are:
D) Research and laboratories.
E) Administration and IT.
Defining the factors influencing 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 needed to fulfill the task properly, the degree of knowledge and experience acquired, and the difficulty in acquiring such knowledge or experience.
This factor can be divided into two sub-facets:
A) Training: This sub-factor considers the minimum initial indicative level of theoretical knowledge must have a person to get to satisfactorily perform the duties of the job after a period of practical training. This factor should also consider the requirements of expertise, professional certifications, languages, computers, etc ..
B) Experience: This sub-factor determines the period of time required for a person, possessing the training specified above, acquire the necessary skill and practice to do the job, obtaining a sufficient quantity and quality performance.
II. Initiative / Autonomy: factor that takes into account the greater or lesser dependence guidelines or standards, greater or lesser subordination in the performance of the function develops. This factor includes both the need to detect problems such as improvising solutions to them.
It should be noted
A) Framework: Assessment of limitations that may exist in the position regarding: access to people with higher responsibility in the organizational structure of the company, the existence of written rules or procedure manuals.
B) Preparation of the decision: meaning the obligation in place to identify possible solutions and choose the one that is considered most appropriate.
III. Complexity Factor whose value depends on the greater or lesser number as well as the greater or lesser degree of integration of the remaining factors listed in the task entrusted or since.
A) Difficulty at work: This sub-factor considers the complexity of the task to develop and frequency of possible incidents.
B) Special Abilities: This sub-factor determines the skills required for certain jobs, such as physical exertion, and manual dexterity, eye and motor coordination, etc. and often during the workday.
C) Working environment: This subfactor appreciate the circumstances under which the work must be done, and the degree to which these conditions do the unpleasant work.
Not be included in this subfactor circumstances relating to the type of work (night, shift, etc.).
IV. Responsibility: Factor in the preparation of which takes into account the degree of autonomy of action role holder and the degree of influence on the results and significance of the consequences of management.
This factor includes the sub-factors:
A) Responsibility for management and results: This sub-factor considers the responsibility assumed by the incumbent on the errors that may occur. the direct consequences, but also its potential impact on the progress of the company are valued not only. In this regard, it should not take extreme values, but a logical and normal average.
To assess correctly is necessary to consider the extent to which the work is monitored or checked later.
B) Capacity interrelation: This subfactor appreciates the responsibility assumed by the incumbent on official contacts with others, inside and outside the company. personality and ability is considered necessary to achieve the desired results, and the manner and frequency of contacts.
V. Command: This is the set of planning, organizing, controlling and directing the activities of others, assigned by the Management Company, which require knowledge necessary to understand, motivate and develop people who depend hierarchically job. For assessment should be taken into account:
A) Capacity management tasks.
B) Characteristics of the team.
C) Number of persons on which the control is exercised.
Professional group 0. General criteria.
Workers in this group plan, organize, direct, coordinate and control the activities of the development of the company.
Its functions are aimed at the establishment of policies for the effective use of human and material resources, taking responsibility for achieving the planned goals, make decisions (or participate in its development) that affect fundamental aspects of the activity company, and perform management positions in divisions, departments, factories, plants, or any other similar field.
Professional Group 1. General criteria.
Operations that run as specific instructions, clearly established, with a high degree of dependency, preferably requiring effort or attention and do not need specific training, with the possible use of basic peripheral elements of information systems, such as readers or scanners, provided that the worker has been trained to use.
Training: Knowledge at primary or mandatory or equivalent Professionalism Certificate of secondary education.
Examples: In this professional group all those activities that, by analogy, are comparable to include the following:
Activities conditioning manual and / or packaging.
Elementary operations of simple machines, defined as those that do not require training and expertise.
Load and manuals or with the aid of simple mechanical elements download.
Cleaning operations, even using machinery for this purpose.
Perform tasks consisting errands, errands, manual transport, carry or pick up mail.
For the subsector Plastics:
A) Injection / Thermoforming (vacuum) / Extrusion Blow:
Work load hoppers and cleaning.
Work packaging and parts counting.
Cleaning works and auxiliary.
D) Other works:
Cleaning works and auxiliary.
For the subsector Rubber
Gatherer / a guillotine plate.
Cleaning works and auxiliary.
Professional group 2. General Criteria.
Functions consisting of operations performed by a method of precise and concrete work with a high degree of supervision, which usually require professional knowledge of elementary character, with the possible use of peripheral elements of information systems provided the worker has been formed for use.
Training: Basic training is required to have passed the Secondary Education Certificate or equivalent Professionalism.
Examples: In this professional group all those activities that, by analogy, are comparable to include the following:
Auxiliary, elementary or aid in the process of product development activities.
Activities operative conditioning and / or packaging regulation and tuning in elementary processes.
Auxiliary tasks in the kitchen and dining room.
Tasks masonry, carpentry, electrical, mechanical, painting, etc., workers who start practicing them.
Elementary Laboratory activities consisting in the correct preparation and analysis of material samples to be analyzed; cleaning and washing analytical means and helps scan tasks under direct control.
Goal-desk functions that do not require special qualifications. Reprographic work.
Elementary and / or aid in administration tasks work.
packaging and labeling shipments.
For the subsector Plastics:
A) Injection / Thermoforming (vacuum) / Extrusion Blow:
Work verification of manufactured parts, review them and cutting burrs.
Verification work, cutting and packaging.
Work with packaging and marking verification.
Work abocardado and simple cut.
D) Other works:
Specific cleaning machines and kettles.
Molinero / a.
For the subsector Rubber
Pesador / a rubbers and fillers (scale).
Chiller / they do not incorporate accelerators.
Feeder / a calender and extruder.
Operator / a kraker.
Troquelador / a.
Assistant / a presses.
Granzador / a.
Molinero / a.
Assistant / a cylinder.
simple machines as polishers.
Polished and finished pieces, painted and mold cleaning.
Work verification of manufactured parts, review them and cutting burrs.
For the subsector of pharmaceutical, animal and plant health industries:
A) auxiliaries, elementary or aid in product manufacturing base operations.
B) Activities consisting of preparation, as established specifically metering, raw materials for production of products, either manually or by means of machinery for handling other training whose knowledge of specific instructions are necessary.
Professional Group 3. General criteria.
Consisting in the execution of operations functions that even when conducted under precise instructions, require adequate professional knowledge and practical skills and whose liability is limited by a direct and systematic monitoring, with the possible use of peripheral elements of information systems provided that the worker has been trained to use
Training: basic training required is the equivalent of compulsory secondary education or professional experience completed a training cycle Intermediate or equivalent Certificate of Professionalism.
Examples: In this professional group all those activities that, by analogy, are comparable to include the following:
Operations and performance monitoring and regulation of packaging machinery and / or conditioning, whose management is complex, ie that required multiple manual actions, several dosages or other similar regulations made in accordance with established programs and instructions.
Tasks masonry, electrical, carpentry, painting, mechanics, etc., enough to perform the normal duties of the office building.
Administrative tasks that require some degree of initiative.
Drivers of vehicles with license Class B.
Payment and collection functions at home.
Reading tasks, annotation, surveillance and regulation under detailed instructions from industrial processes or supply of general manufacturing services.
Work drafting correspondence by format or specific instructions.
Warehouse activities, tasks besides loading, unloading, stacking and distribution, assistance or mechanical elements, involving checking incoming and outgoing goods, under instructions and realizing the warehouse manager; Weighing and dispensing them, with completion of delivery notes and parts.
Transport and palletizing tasks, realized with mechanical elements.
Work of flat carbon copy.
Performing simple operations analysis, the results are readily ascertainable under specific instructions and direct control; taking and preparing samples for analysis, preparation of the necessary material; Follow up with precise instructions of analytical processes performed in laboratories or pilot plants. Performing routine agricultural operations treatment under specific instructions and direct control. Sampling and preparation of samples for counting. Includes the care and cleaning of laboratory material. etc.
For the plastics subsector:
A) Injection / Thermoforming (vacuum) / Extrusion Blow:
Machinist or responsible for injection machines, injection control, temperature, regulation of the machine, mold cleaning, etc.
Machinist 2nd calender, which makes temperature controls raw materials, etc., according to the instructions of the machine.
Manager or engineer on one or more machines, using or not other people do all the process.
D) Other works:
Work mixed with dosage and preparation of formulas.
For the rubber subsector:
Pesador / a accelerants (balance).
Laminator / a (throw measure, including accelerants).
Operations cylinder mixtures and / or bamburi.
Pressmen, moulders and extruders.
Laminator / a plate.
Simple manipulation calenders.
Verifier / ay metrologist / a.
For the subsector of pharmaceutical, animal and plant health industries:
A) activities in preparation of pharmaceutical, animal and similar forms requiring a high degree of specialization and skill, such as compression tasks, gelatin capsules container, mixed and granulated, developing solutions, injectable filling , etc.
B) operations and performance monitoring and regulation of a line or part of a chain packaging or conditioning with collaboration of operators of positions, including in groups 1 and / or 2.
Professional Group 4. General criteria.
Work requiring autonomous execution, usually, initiative and reasoning by the workers responsible for their implementation, acting under supervision, the responsibility for them, may be helped by one or more other workers as well as the basic use of foreign language necessary for the performance of the job.
Education: Bachelor or equivalent Intermediate Training Cycle completed professional experience or equivalent Professionalism Certificate of Training.
Examples: In this professional group all those activities that, by analogy, are comparable to include the following:
Activities, initiative, responsibility, knowledge and the possibility of being assisted by positions of the lower groups, consisting of:
Establish, on the basis of accounting documents, part of accounting.
Drafting business correspondence.
Escandallos price calculations, evaluation of tenders, administrative management of orders and supplies, with responsibility for its complete processing.
Preparation and monitoring work plannings and forecasts.
Wage calculation and assessment of personnel costs.
Activities consisting in performing physical, chemical or biological analysis and laboratory determinations and / or field, carried out under supervision, without always indicate necessary standards and specifications, also involving the care and cleaning of equipment and approval, preparation of reagents required, sampling, perform calculations and extension certificates, analysis reports or the like, seconded or not lower positions professional groups.
Tasks masonry, carpentry, electrical, painting, mechanics, etc., with training at the highest level, which would help resolve all the requirements of their specialty.
Warehouse activities, to be performed in an organization of small size, in addition to those provided for in the Professional Group 3, involving full responsibility for the storage process with log books and purpose machines.
Driving or driving
sharing with Driving license Class C, D or E, meaning that you can combine driving activity with the distribution of goods.
Activities Control and regulation of industrial processes that generate transformation product at any stage of the production process, whether production or general manufacturing services, when requiring initiative and reasoning by those responsible for their implementation, support or not other jobs and indication of the operations to be performed by the latter.
Sellers / as unskilled.
Activities industrial trades, enough for each and every one of the tasks of an industrial office and to advocate its implementation, with full and complete exercise of their duties, with help or not other jobs and training indication of the operations to be performed by the latter.
Production activities and / or maintenance, meeting the requirements of Group 3, also involve the assumption of independent execution and / or ownership of the process can be helped by one or more workers.
For the plastics subsector:
A) Injection / Thermoforming (vacuum) / Extrusion Blow:
Machinist performs the work of the group 3 but is also responsible for assembly and disassembly of the molds as well as verification and implementation.
Responsible for the machine, and its set-up and staff of the machine.
Machinist performs the work of group 3, but is also responsible for the installation and removal of the nozzles, combs or rows of nozzles, as well as verification and implementation.
D) Other works:
Work with metering and mixing correction formulas.
Resolution and color correction on existing formula.
For the rubber subsector:
Calandrista responsible for ironer with crossing axes and overall precision.
Pressman responsible press.
For the subsector of pharmaceutical, animal and plant health industries:
A) Activities of medical examination and promotion of products and specialties, both in consultation and in hospitals and pharmacies through the transmission of adequate information and in accordance with instructions received and established programming. This activity involves the continuous updating of the information to be transmitted.
B) Activities of information, promotion and distribution of animal health veterinary products, wholesale centers, pharmacies, associations and livestock cooperatives within the assigned geographical area, according to the instructions received and established programming. This activity involves, on the one hand the continuous updating of the information to be transmitted, and the responsibility of the deposit charge in the event of any.
C) production activities that in addition to the provisions of the Professional Group 3, involving a level of versatility that requiring full knowledge of the different positions of a production line that allows the implementation of services auxiliary and performing necessary presettings in machines and systems achieving adequate for manufacturing conditions, involving control of work equipment and safety product quality, also taking responsibility for the process can be helped by one or more workers.
Professional Group 5. General Criteria.
Performing functions to integrate, coordinate and monitor the implementation of several homogeneous tasks with responsibility for managing the work of a group of collaborators they are included in this group.
It also includes performing tasks that even without involving management work, have an average content of intellectual activity and human relations.
Education: Bachelor equivalent to those completed with professional experience or a training cycle specific function Higher Grade or equivalent Professionalism Certificate of Knowledge.
Examples: In this professional group all those activities that, by analogy, are comparable to include the following:
Tasks consisting of the exercise of command directly in front of a set of operators of so-called traditional trades (masonry, carpentry, painting, electrical, mechanical, etc.).
Administrative and / or translation fluent in a foreign language tasks.
Programmer / a computer.
Consistent accounting tasks in gathering the information provided by the helpers and make statements, balance sheets, costs, cash allowances and similar work, based on the accounting system of the company.
Tasks involving responsibility for the monitoring and implementation of media and security measures.
Preparation tasks and project development according to instructions.
supervision as general specifications received, the practical implementation of the tasks of analysis in one or more laboratories.
Activities involving the responsibility of a shift or a production unit that can be seconded by one or more workers the lower professional group.
Sellers / specialized as.
For the subsector of pharmaceutical, animal health, plant Industries:
A) activities consisting in the management of tasks and jobs of a functional unit of production or packaging facilities with surveillance and monitoring processes.
B) answering positions defined in paragraph a) of the professional group 4 of this subsector, its functions will relate wholly or partly to products whose expedition requires prescription.
Professional Group 6. General criteria.
Functions that are to integrate, coordinate and supervise the execution of heterogeneous tasks with responsibility for managing the work of a group of collaborators. It further includes performing complex tasks, but homogeneous that even without involving control, demands a high intellectual content, as well as those that are to establish or develop programs or following general instructions apply techniques.
Training: university degree equivalent to medium grade -a level engineering degree or technically completed an internship with professional experience or knowledge.
Examples: In this professional group all those activities that, by analogy, are comparable to include the following:
Realization of technical functions
medium academic level, consisting collaborate in research, quality control, research, monitoring or control in industrial processes or professional or scientific advisory services.
Responsibility for managing and supervising the execution of tasks of production, maintenance, service or administration or set them all in a small size company.
Responsibility for implementation of tasks of a production unit, maintenance or services or tasks carried out in all the same in a small size company.
Liability of a homogeneous administrative unit or set of administrative services of a character whose administration does not require, its size of organic subdivisions.
Inspector / or supervisor / a sales network.
For the subsector of pharmaceutical, animal health, plant Industries:
A) Professional functions of technical sales support.
B) Functions medical examination and promotion, with the requirement and requirements specified in the professional group 5, paragraph b) of this sub-sector, which also include the supervision and coordination of a team of professionals with responsibility for the objectives of set. Normally this function comes the responsibility to keep the formation of his team.
C) Control Functions in all its activities, trade of animal health products in a given geographical area, with support for the commercial management of them, leading the responsibility of keeping the training of its employees.
7. General criteria.
Include functions consisting of performing complex activities with defined goals and high demands on the factors of autonomy and responsibility, usually run a set of functions that involve a specialized technical or professional activity.
Training: Equivalent to university degree level -a higher level degree or engineer completed extensive professional experience.
Examples: In this professional group all those activities that, by analogy are comparable to include the following:
Performing functions involving research work or job control trained to study and solve problems that arise.
Technical responsibility of a laboratory or laboratories set of several companies average.
Technical supervision of a manufacturing process or section or the entire process in medium type.
Technical supervision of a service group or all of them and even all technical processes in medium type.
Coordination, monitoring and management of heterogeneous administrative work or set of administrative activities in medium type.
Responsibility on the set of data processing services in units of average size.
Analysis of computer systems.
Functions direction, coordination and control of commercial activity, as well as staff, an area or business or geographical demarcation, with responsibility for meeting objectives.
For the subsector of pharmaceutical, animal health, plant health industry.
A) Commercial launch and / or described in the preceding paragraph, the general criteria for jobs in the commercial organic group of this subsector.
8. General criteria.
Included in this group are those positions that require a high degree of autonomy, professional skills and responsibilities are exercised on one or more sectors of the company, from very broad general guidelines, having to account for their management to some of people included in the group 0.
Training: university degree comparable to higher grade completed specific postgraduate or doctorate studies -of or extensive professional experience.
Examples: In this professional group all those activities that, by analogy, are comparable to include the following:
Consistent functions in planning, management and monitoring of services.
The consisting of management and monitoring systems, processes and working circuits.
The development of management tasks and research to high-level programming, development and accountability for results.
Responsibility for monitoring, planning, programming and development of all computing tasks.
operating mode for the new job classification in those companies that had not made prior to this Convention.
Because the collective implications of the new professional structure, and the need for maximum possible agreement on the implementation of this new classification, for those companies that have not yet been made, the next mode is set operate:
A) The application of this new professional classification shall be negotiated between the company and workers' representatives. In the event there is agreement, it will be as agreed. Failing agreement, the parties may submit to mediation or arbitration of the Joint Commission on the terms set out in this Convention.
B) On the other hand, you can be consulted at the request of either party to the Joint Commission to issue its opinion on the implementation of this new occupational classification in the company, which is not binding, in accordance with the following requirements:
B.1) When the query affects more than 10% of the workforce active only after appropriate internal negotiation between employer and worker representatives may be exercised to the consultation procedure and should be sent together with the latter the minutes of disagreement indicating, among other issues, the position of the parties in each of the questioned and special reference to the description of the functions for which there is discrepancy and valuation positions.
B.2) Where there are no employee representatives, they can go directly to the Joint Commission, presenting the consultation through any of the unions that comprise it.
B.3) If individual consultations or which do not affect more than 10 100 active template must be accredited by the Joint Commission, prior to the consultation, has been presented by the worker or workers affected the corresponding claim to the company address directly or through representatives of workers. This requirement will also be required in the case referred to in the previous paragraph b.2).
C) To resolve the mediation proposal, arbitration, or reply to the query, business and / or trade union organizations represented in the Joint Commission may examine at the company in question the characteristics of the activity subject of disagreement or query.
After learning the interpretation of the Joint Commission, the Management Company will apply the new job classification, leaving open nevertheless relevant legal remedy for any claim.
In any case, negotiation does not imply the need for mutual agreement at company level between representatives of workers and the Authority for the establishment of the new professional classification, because we must not forget that in conflicts on occupational classification will be affected by the worker or workers who would have to accept or not your new job classification.
D) Unless otherwise agreed with workers' representatives or, in the absence thereof, according to the Joint Commission of its scope, the companies in which it had not implemented the Professional Groups system to enter into force this Agreement may not use the reserve percentage provided for in Article 33, except the amount needed for new antiques calculated according to the modules in Article 39 of the Convention, putting him in any case, informed the Joint Commission.
E) Warranty individual.-In order to prevent any kind of discrimination to the change from one system to another occur, all workers who come to play positions circumstantially lower or higher valuation for the needs of the organization of work , they were included in the same professional group which included other workers who perform the function or functions than those performed before the circumstantial change occurred.
Article 24. Procedure adequacy of job classification and mandatory consultation model.
It shall review annually the adequacy of the current occupational classification in the company changes as a result of developments in technology or work organization. In the event of disagreement between the company and workers' representatives, it will proceed as indicated in the previous article.
Inquiries regarding job classification, issued to the Joint Commission, shall conform to the model attached in Annex 1.
Article 25 Functional mobility.
You can take out a functional mobility within professional groups for reasons attached to business needs, when it does not involve transfer of town. They shall limit to the same eligibility requirements and aptitude necessary for the performance of the tasks entrusted to that worker, and respect for their dignity.
For the purposes of this Article, the required suitability exists when the capacity to perform the new task appears from the previously made or the employee is the level of training or experience required for the development of the provision work in the new job. Of the above requirements will not occur, the company must provide workers with training referred to above.
Workers subject to such mobility will be guaranteed their economic and professional, according to the law.
The representatives of workers, if any, may obtain information about the decisions taken by the Management Company in functional mobility and justification and reason thereof, comin 'forced companies to facilitate .
25.2 Functional mobility by decision of the worker victim of gender violence:
In order to avoid the possibility to meet his assailant, the worker or worker victim of gender violence have recognized this condition and to carry out his work performed outside the workplace shall have a preferential right to occupy another post work, the same professional group, the company has vacancy in any of their workplaces. In such cases, the company is obliged to inform the worker vacancies existing at that time or that may occur in the future.
For the purposes of applying this Article the status of victim of gender violence must be accredited either by social care services or health services, either legally, and be reliably known by the company .
different professional group work.
The company, if necessary, may assign workers to perform work other than yours Professional Group, returning the employee to his former position when it ceases what caused the change.
In the case of a Superior Group, this change can not be more than eight months duration for one year, ten months for two years or fourteen months for three years except in cases of illness, accident, leave, leave of absence special and other similar causes, in which case it will last as long as circumstances persist that have motivated. After the periods indicated, with the exceptions noted, competition will be convened under the terms of Article 19. The remuneration, as work on Higher Group operates, it will be for the same, ie, SMG, Plus Convention and other items Trade Group retributive or function calculated with the criteria set out in Article 29.4.
In the case of a lower group, this situation may not last longer than four consecutive months period. However, this period may be extended if it is expressly agreed between the company and workers' representatives based on exceptional reasons to justify and forecasting measures to solve the problem posed. In any case, the worker will retain pay corresponding to its group of origin, unless the change occurred at the request of the worker, in which case his salary would condition according to the new Professional Group. In any case, the change in Group may involve impairment of human dignity. It will avoid repeat work group with lower worker.
In cases of seconded workers compulsorily at a lower occupational group, overstaffed, must be reinstated to the Group of origin as vacancies are available on the Group.
In any case, the employer must communicate its decision and the reasons for it to the workers' representatives. In the event that the performance of tasks of different professional group is to be extended by more than 15 working days time, communication with representatives of the workers and the workers concerned must take place at least three days in advance, except needs unforeseen.
Workers paid piecework or premiums involving the perception of special pay supplements may not be assigned to other jobs different regime, except when mediasen force majeure or technical requirements of the operation so require.
Article 27. Transfers.
Transfers involving personnel change for the affected family home may be made: on request, by agreement between the company and the worker, service requirements and exchange.
1. When the transfer is made to request, upon acceptance of the company, this will have no right to compensation for the costs arising from the change.
2. When the transfer is carried out by mutual agreement between the company and the worker will be on the terms agreed in writing between both parties.
3. When work needs justification and prior information to the representatives of workers, can the company to carry out the shipment, although not reach an agreement with the employee, provided that you ensure the transferred all rights had acquired as well as any others that may be established in the future. In any case, except that the company had been established by generic or specific agreement with the workers' representatives a system of different compensation, the transferee shall receive, on justification, the amount of the following expenses: locomotion concerned and their families cohabit with him, the transport of furniture, clothing and household goods, and cash compensation equal to two months of real wages. Companies will be obliged to provide the transferred the aid necessary to access the enjoyment of a dwelling of similar characteristics that come to occupy and, where appropriate, the company will pay the income gap in most if any, in connection with which come meet the worker.
Notification of the decision to transfer, if the employee opts for rescission of the contract is subject to the provisions in current legislation.
In transfer processes have priority to remain in their posts workers with dependents who are exercising any right related to the reconciliation of family life, workers over 60 years, people with disabilities, and working to occupy a job as a result of the provisions of Article 28.2 of this Agreement.
Without prejudice to the enforceability of the transfer, the worker not having opted for the termination of his contract is shown dissatisfied with the business decision may challenge it before the competent jurisdiction.
4. Workers stationed in different locations within the same company, professional, etc., may enter the exchange of their respective positions, subject to what that decide in each case, taking into account the needs of the service, fitness both permutantes for the new destination and other circumstances that are worthy of appreciating.
Article 28.1 Transfer
In the event that the company intends to move the center to another location, and without prejudice to existing provisions in this matter shall be obliged to inform the staff with three months in advance, except in cases of force majeure.
Such notice must be detailed in the following:
A) Place where it is planned to move the factory.
B) housing opportunities in the new location and conditions of rental or ownership.
The worker concerned will have a maximum period of one month to accept or object to the transfer proposal. In any case, the staff shall be entitled to the compensation established in the previous article except that the company had been established by agreement with the representatives of the workers compensation system different.
If a worker had justified expenses made on the occasion of the transfer and it does not take into effect by the company, would be entitled to compensation in damages.
In these cases, company and workers' representatives may agree at any time replacement of the consultation period in Article 40.2 of the Statute of Workers by the application of mediation or arbitration procedures regulated in Chapter refers to XVI of this Collective Agreement.
The intervention as interlocutors with the company address in the consultation procedure shall be governed by the provisions of Article 28.5 of this Collective Agreement.
In the case of absence of legal representation of workers in the company, it means attributed to the most representative unions and standing to be part of the Collective Bargaining Committee of this Agreement and unless workers decide to attribute their representation an integrated by workers of the company board appointed pursuant to Article 41.4 of the Statute of workers.
Article 28.2 Geographical mobility of the worker victim of gender violence.
The worker victim of gender violence is forced to leave the job in the town where he had been providing their services for their protection or their right to comprehensive social assistance shall have a preferential right to occupy another job, the same professional group, the company has vacancy in any of its centers.
In such cases, the company is obliged to inform the worker vacancies existing at that time or that may occur in the future.
The transfer or change of workplace will have an initial duration of 6 months during which the company will be obliged to reserve the job previously held by the worker.
End of this period, the employee may elect to return to their previous job or continuity in the new. In the latter case, that obligation will decline booking.
For the purposes of applying this Article the status of victim of gender violence must be accredited either by social care services or health services, either legally, and be reliably known by the company .
Article 28.3 Geographical mobility for family reunification.
If transfer one spouse changes residence, the other, if worker of the same company shall have a preferential right to fill vacancies that may occur in the new work center has been designed your spouse whenever expressly so request and there is vacancy in the same or similar job that I came developing.
Article 28.4 Displacements and diets.
Workers by business necessity have to make trips or trips to different populations from those in which they have their workplace receive an allowance of € 19.40 when you make a meal out and spend the night at home; from € 38.74 when making two meals out, spending the night at home, and € 115.82 if, in addition to the two main meals out, stay overnight away from home. Such allowance shall commence full on the day of departure.
Costs of transport shall run by the company, which will establish the most appropriate means of transport. Workers also justified after the amount of the costs incurred.
When the means of locomotion, paid by the company, and distribution of time allow the worker to make meals at home, are not entitled to perceive diet.
When the worker for commuting use your own vehicle will be established by agreement between the company and the employee, an amount per kilometer, for which calculation will take into account the cost of the factors that make vehicle maintenance, depreciation , accident insurance, etc., taking into account what about establishing specialized journals in the field, but in any case such amount per kilometer may be below 0.352 €.
To the amounts of allowances and mileage will be applicable wage revision can proceed on the basis of Article 38 of this Collective Agreement although in this case will not proceed any retroactive payment as a result of this salary review.
Article 28.5 Substantial change in working conditions.
As for the regime, procedure, rights of consultation of representatives of workers and effects of substantial changes to the conditions of both individual and collective work is subject to the provisions of Article 41 of the Statute of Workers.
In furtherance of the provisions of Article 41.4 of the Statute of Workers, the procedure for modifying the collective conditions, shall be as follows:
At the beginning of the consultation period, lasting no longer than fifteen days, the company will deliver to the representation of workers in writing the information justifying the measure, the objectives to be met, the impact of the measure on the up company and / or employment, and in relation to the necessary measures to mitigate the impact on those affected and assess specifically occupational hazards that may cause substantial changes in working conditions that are to be implemented.
By mutual agreement may be extended the consultation period up to 30 days.
Likewise, the parties may at any time substitute by agreement the consultation period referred to Article 41.4 of the Statute of Workers by mediation and / or arbitration of the Joint Committee under this Agreement on the terms contemplated, in each case, in articles 99, 100 and 101 of this Convention and to be developed within the maximum period for that period.
The agreement is reached where appropriate detail information systems to the representation of workers in reference to the effective implementation of the measure, and the level of compliance with the established objectives.
In case of disagreement, the parties must request mediation or, if necessary, arbitration of the Joint Commission on the terms set out in Articles 98 and following of this Convention.
However, in cases of substantial change in working conditions that affect the recognized conditions for workers in the employment contract, agreements or collective agreements or enjoyed by them under a unilateral decision of the employer effects collective, application of mediation and arbitration procedures in the preceding paragraph refers to not interrupt the implementation of possible modifications ordered by the management of the company once the consultation period exhausted.
In the event finally implemented such modifications to those affected by potential new risks shall be informed and the adjustments that come in the plan of prevention of occupational risks is also performed.
The intervention as interlocutors with the company address in the consultation procedure corresponds to the unions when they so agree, provided they have the majority representation in the councils or between staff delegates centers affected work, in which case represent all workers in the centers concerned.
In the case of absence of legal representation of workers in the company, it means attributed to the most representative unions and standing to be part of the Collective Bargaining Committee of this Agreement and unless workers decide to attribute their representation an integrated by workers of the company board appointed pursuant to Article 41.4 of the Statute of workers. In the latter case the commission designee shall notify the Joint Committee provided for in Article 90 of this Convention, designated workers.
On the other hand the particularities provided will be considered in point b) of Article 41.4 of the Statute of Workers to when the procedure involves several workplaces and some of them do have legal representation of workers.
Substantial modifications of conditions of individual or collective labor contrary to the regulation of conditions contained in this Agreement and / or developed in collective agreements or joint agreements which aim to ensure the principle of equal opportunities for women not be possible and men and non-discrimination on grounds of sex, or where there is an impairment of dignity.
The modification and / or non-application of working conditions set out in this Collective Agreement must be made as established in Article 35.
Article 29. Remuneration system.
29.1 Salary Structure.
The remuneration of staff included in this Agreement shall consist of the basic salary and allowances of the same.
Companies from the date of entry into force of this Collective Agreement have not made the adaptation of the salary structure as provided therein must do so during the first twelve months from the date of its publication in the Official Gazette following the procedure extinguishing pluses provided for in Article 40 and set out in the following paragraphs.
In this regard, the base salary will be the SMG of each professional group and is mandatory for companies.
Amounts in excess of this SMG, if any, shall Plus Convention up to a limit, unless otherwise agreed, 35 corresponding SMG 100, so that the Convention Plus express general concepts remuneration for all workers of the same professional group.
To achieve the SMG each professional group, companies first come to realize the process of adapting their salary to the regulated structure here, can absorb the necessary amounts of Convention Plus.
Any amount that is perceived in normal working hours and regular, unlike these two concepts (SMG and Convention Plus) activity and seniority bonuses, shift work, night work, danger and toxicity, complement job, constitute the staff complement worker, member for all purposes of the payroll.
No you can set a personal supplement until it runs out Plus Agreement until said stop. Achieve the above Convention Plus each professional group will be preferred object of the part of the reserve of the wage bill for the adjustment of salary scales.
The application of all within the framework of Article 33.III the corresponding minutes will rise. In any case, the SMG does not serve as a reference for the calculation of seniority and other bonuses.
Supplements Workstation, which come paying by companies, will continue to receive with corresponding increases, when and as the circumstances leading to it are given, so it will not be consolidated when the worker is assigned, based on a correct application of mobility tasks that do not have entailed the supplement, returning the amount thereof to the MSB and being distributed with the same criteria as the rest of the increase.
In application of regulated wage structure here, in existing businesses for various wage concepts come today paying their workers denominations here must comply with the agreement.
established in the following paragraph (29.2) expresses higher qualifications of the workforce and therefore greater efficiency, so the cost of this drift will be assumed directly by the company and applied at the same time the circumstances provided for in that paragraph.
29.2 Salary of new workers.
The new workers must receive the SMG of the Professional Group and Convention Plus, if any, in the existing amounts in each company, as long as the conditions of the job effectively involve played homogeneity functions and tasks concerning the already contracted workers. That is, that for new workers perceive the Plus Agreement referred to in the preceding paragraph, is an essential requirement that full integration occurs in the professional group to which they belong.
When he had not yet reached the Convention Plus Group for all employees thereof, shall be paid the lesser of the Convention Plus they are paying for the same or similar function, or, if established, the same Professional group.
The working time required for full integration occurs in the Professional Group may vary depending on the positions or functions to cover and, unless otherwise agreed at company level with representatives of workers in the same contemplating a different terms, these may not exceed those set out in 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, two weeks.
For this purpose will be calculated working time of persons who had been working in the same company with any type of contract and in the same or similar function or job during the previous 2 years.
After the periods indicated herein, or agreed on the scope of each company, it is understood that there has been full integration of workers in their professional group with full wage effects of the function or job.
When the worker has recognized the full integration into the role that will develop from day one, and when it occurs prior to the aforementioned time period shall be recognized from that moment, in both cases, the effects wage specified in the first paragraph of this article.
salary workers temporary employment.
Under Law 29/1999 and 14/1994 as well as the current State Convention ETT, chemical companies as users occupy temporary agency workers are obliged to contract provision guaranteeing the stated in these rules in the sense that these workers will receive the same wages as workers in the chemical company to perform the same or similar functions, excluding personal accessories.
In accordance with the wage structure established in this Collective Agreement are considered objective strictly personal remuneration and the Guaranteed Minimum Wage, the Convention Plus when configured as Professional Group, or results of the activity carried out and no strictly personal as well as supplements, bonuses or incentives relating to the workplace and the quality or quantity and embodiment thereof, etc.
In the event that the company had constituted a Group Plus Professional Convention equal for all workers in the same, or there is already a Plus Convention for workers who perform the assigned activity, shall be taken into account also the provided in paragraph 29.2.
When he had not yet reached the Convention Plus Group for all workers in the same or has not reached the same Plus Convention for workers who perform the assigned activity, the temporary agency worker will be up the youngest of the Convention Plus that they are paying for the same or similar function, or, if established, the same professional group.
29.4 Wage guarantee in cases of promotion, promotion or recognition of a professional group higher.
When the worker is to recognize a higher professional group as a result of a promotion, promotion or reclassification will be paid the base salary (SMG), the Convention Plus Group, if any reached for all workers in the same professional group and other items of remuneration of the Professional Group. To achieve the fixed remuneration of the new Professional Group will only be absorbable Personal ons that are not the result of collective agreement within the company or they would not have consideration of nonabsorbable all, unless otherwise agreed.
When he had not yet reached the Convention Plus Group for all employees thereof, shall be paid the lesser of the Convention Plus they are paying for the same or similar function, or, if established, the same Professional group.
Article 30. Payment of wages.
The payment of wages and timely documentary will be held on the date and place agreed or under the customs .. When you choose to pay by bank transfer, must ensure that the payment current account or passbook worker occurs in the normal payment date.
Salary documentation delivery will be made by individual workers and justifying its receipt contained in Annex II of this Collective Agreement, duly signed and stamped by the company. It means also made delivery payslip when proceeding to dispatch workers using computer systems to which they have access and enable printing with the corresponding stamp and signature of the company.
Respecting any existing systems or agreements that can be reached within companies with representatives of workers, the wage distribution will be made in twelve monthly payments plus two special payments to be paid a deadline of fifteen July, the Summer and the December 15 Christmas.
As for the payment of advances on account of work already done it is recognized workers' right to receive before the day appointed for payment arrives.
guaranteed minimum wage (SMG).
By this agreement is allocated to workers, full-time, the annual guaranteed minimum gross salary of € 14.426,92.
The SMG will exclusively comprise all the remuneration items to be received by the employees of each company, normal or usual activity in unmeasured work.
The following items are not included in the SMG: Antique, plus turnicidad, night, plus hazard and / or toxicity, Supplement Workplace (CPT), sales commissions and incentives, unless the incentive consists of a fixed concept that workers perceived to normal or usual activity in unmeasured work.
Those for the years 2015, 2016 and 2017 SMG them shall apply Article 38 of the Collective Agreement.
Notwithstanding the foregoing, the emoluments of contracts for training and learning and practices will be specified, respectively, in Articles 13.1.4 and 13.1.5 of this Collective Agreement.
Article 32. Guaranteed Minimum Wage Board for Professional Group.
annual minimum wages in each professional group:
Euros / year
Article 33. Wage increases.
I. Reference wage model: The signatory organizations have chosen this Collective Agreement, after the experience of recent years, by referring the agreed wage increases to the MSB of companies. The aim is to generalize the field of force of this Collective Agreement, facilitating accession of those companies that today will find themselves bound by conventions of their own level, all without failure to respect the principle of autonomy and freedom of the parties.
1. MSB is considered formed by the following, with the clarifications provided below:
1.1 Wages and salaries gross (note A):
Benefits and bonuses.
Ons and bonuses.
1.2 Other economic concepts (note B):
Awards and special features.
Amounts allocated to vocational training.
Other non-remunerative social benefits.
A) These concepts will be referred to all workers and staff perceive any accrual of the company, except only to staff within the professional group number 0 is not deducted anything if there existed any kind of strike or suspension of employment contracts, incorporating, in this case, the theoretical amounts forgone by the workers.
B) Includes not strictly salary items that constitute an element of cost attributable to labor.
C) not be included in the data on the wage bill provided by the company corresponding to Group 0, so the data does not intervene in the procedure for the implementation of increases in the wage bill and its distribution. However, the overall amount of remuneration of Group 0 appears in the calculation of overall labor costs that the company must deliver to workers' representatives under Article 79 of the Convention and 64 of the Statute of Workers.
2. After calculating the MSB on the basis of the factors listed above concepts, companies detract the total amount the amounts corresponding to the following masses:
2.1 mass corresponding to quantities and concepts subject to natural evolution of its own cost and managed by the company itself, such as:
A) Salary supplements in kind, food, accommodation, house, room and any other supplies.
B) of welfare and social business, such as vocational training, cultural, sporting, recreational, commissaries, canteens, family support, child care, transportation, etc. character
These exclusions will not be made on the assumption that workers are paid lump sums for these concepts, in which case the corresponding items, which will increase their amounts or shared with the rest of the increase is increased.
2.2 mass corresponding to per diem, overtime and sales commissions. The companies, along with representatives of workers, determined in this case the salary regime to be adjusted as global amounts excluded from the Wage Bill Gross and as such, may have a different salary treatment of other items that do part of it.
II.a) Increase 2015: Once refined the concept MSB 2014, in accordance with sections 2.1 and 2.2 of paragraph I, it shall be increased by 1% from its current amount.
II.b) Increase 2016: Once refined the concept MSB 2015, in accordance with sections 2.1 and 2.2 of Section I proceed to increase it at 1.5% .of its current amount.
II.c) Increase 2017: Once refined the concept MSB 2015, in accordance with sections 2.1 and 2.2 of Section I proceed to increase it to 1.7% of its current value.
Increases the MSB of each company will be calculated in terms of homogeneity for the periods under comparison, both as regards templates as a proprietary system work, productivity levels, overtime hours and other conditions labor, computing, therefore, separately, the amounts correspond to the extension of such concepts, excluding drawdowns referred.
When operating the agreed wage increases on the MSB of each company is not possible compensation and / or absorption thereof with other elements of pay, whatever their denomination.
Also be carried out the following actions:
1. Application of booking: In the years 2015, 2016 and 2017 will be reserved 20% of the increase agreed for each of the aforementioned years (ie, 0.2% in 2015, 0.3% in 2016 and 0 , 38% in 2017) for:
- New antiques calculated in accordance with Article 39.
- Complement job.
- Adjustment of salary scales within the same professional group and between different professional groups.
The cast of this reserve amounts would be priority for new antiques, the amount, detailing the number of people affected and the amounts for Professional Groups, companies would realize representatives of workers.
Minimum wages guaranteed
professional groups listed in Article 32 must be complied with by companies.
1st) Complements job.
For the allocation of this reserve ratio, intended to CPT, companies that have not made an assessment of jobs, must first establish it in order to proceed to a better distribution of the amounts for this concept.
The study of job evaluation, prepared by the company, the Workers' Representatives report issued stating their agreement or not with the study and its findings. In case of disagreement, and, unless the company were established in other proceedings, the valuation of jobs carried out by the Directorate shall apply. However, you can always use the mediation and arbitration procedure under the Convention.
Of the amounts to be allocated to complement job, companies will realize the representatives of workers, both the amount allocated to the supplement, as the criteria and followed motivations to determine what jobs are those affected by such an addition, and the tasks, functions and other characteristics of the job, in order to define the content.
At the request of the workers' representatives the relevant negotiations will be established, which achieve or do not agree it will be derived. In the latter case, the CPT will be applied in the manner and amount established by the Directorate may exercise the representatives of workers legal action as appropriate.
To facilitate, in those companies that have not made an assessment of the job, the work of defining the objective criteria and motivations followed to determine which jobs are affected by such an addition, given the mandatory his previous assessment for the purposes of the implementation of the agreed reserve, listed among others, the following:
- Performance of tasks under different conditions than the rest of the job of the same name.
- That by itself assignments, job characteristics in question are truly unique.
- The position requires a permanent updating of knowledge, methods, systems, etc.
- The position in question by the complexity of the tasks assigned, required for a degree of initiative committed and / or greater than a similar job within the professional group responsibility, provided that this greater initiative and / or responsibility did not involve being on a higher professional group.
- Other circumstances that behave a different conceptualization of the current work.
In any case, the amounts established on an individual basis to the supplement, as a result of the allocation of these rates, may never exceed 20 100 SMG professional group in which the job is framed that it is paid.
The allocation complements job does not mean, in any way, undermine the new job classification.
The company will deliver the information of the CPT for each job or function and its proposal to apply a portion of the reserve to them.
1.b) wage adjustment fans.
The Companies will realize the representatives of the workers, of the amounts intended for adjustment of salary scales, both the amount allocated for this purpose as the criteria and motivations followed to determine who is affected by it .
Once the company address brought to the attention of representatives of workers in both the amount allocated to the adjustment of salary scales followed the criteria and motivations for determining, at the request of workers' representatives will be established negotiation corresponding.
achieving or not agreement is derived, and in the latter case, the setting Fans Wage apply in the manner and amount established by the Director may exercise the representatives of workers legal action they deem appropriate.
In any case, the amounts for wage adjustment fans can never exceed, individually, 20 100 SMG Trade Group in which the worker or workers concerned are framed.
Moreover, the adjustment of salary scales, criteria should be applied to groups of workers generality that within a professional group, have the same salary level.
Allocation amounts wage adjustment fans will not mean, in any way, undermine the new job classification.
However, leftover amounts, if any, will be distributed among workers within a maximum period of three months from the entry into force of this Convention.
Indicated will be taken into account in Article 29.
The company will deliver information about the salaries of Professional Groups in which the adjustment of fans and their proposal in this regard is implemented.
2. Application of increase after deducting the reserve: In 2015 companies will use 0.8 per 100 of the refined and homogenized MSB (1.2% in 2016 and 1.32% in 2017) to increase in direct proportion wages all, except old and workplace Complement each worker perceived to normal activity because of the function or job to play in the company.
The result of dividing the total annual salary that each worker by the number of hours / year provisions of this Collective Agreement as maximum annual conference, will be the salary / total time (SHT). In any case, the divisor is the number of hours / year in the existing company concerned or to be made by the worker concerned, if less than the maximum annual working hours agreed.
III. Implementation schedule.
Following the entry into force of this Convention, the companies will carry out the calculation of their gross wage bill within fifteen days after its publication in the "Official Gazette" or in any case within 30 days the signing of this Agreement. At a meeting called for that purpose by management, the company will present to representatives of workers written with the Professional Group the number of employees thereof and the breakdown indicated in points I.1.1 to I.1.2 information as well as the distribution resulting from having carried out the operations outlined in the previous sections, all of which the company will deliver the appropriate representation of workers documentation. In the latter case the workers' representatives examine the proposal of the company and, after appropriate negotiation and adjust it to the agreement, give their agreement.
The information referred to in the preceding paragraph will of all contractual arrangements, including part-time workers employed in high December 31, and will be calculated as if they had been working full year under the conditions of 31 December last year, so that the result of applying on them, where appropriate, the increase noted in 33.II b) indicate the remuneration to January 1.
Of all this and the corresponding results Act including the distribution of the increase agreed the proposal from the management of the company and representatives of workers will rise, or, in the event of disagreement.
In companies where legislation does not allow union elections, data and previous calculations will notice exposing workers on the bulletin board.
In companies with several workplaces, unless otherwise agreed with workers' representatives, express or implied, which provides a breakdown by center, information from the Wage Bill Gross to be delivered to the representatives of workers it will refer to the set of the entire company.
IV Mediation and Arbitration.
In the event of discrepancies in the application of this Article shall resorted as a way prior to court action, the use of mediation and arbitration provided for in Articles 98 et seq.
Article 34. Remuneration
variables based on objectives and results.
Companies voluntarily, may introduce a system in addition to the increases agreed based on the achievement of objectives individual variable remuneration. This system, as well as any modifications thereof, must first be subject to information and consultation of workers' representatives. Its implementation requires in any event that the company has already established the wage structure indicated in art. 29.1.
In the event that the variable salary is set by the company based on objectives of general nature and not individual the process of information and consultation in the preceding paragraph of this article, it must be replaced by negotiation and in any case, according to representatives of workers, can resorted in case of disagreement to mediation procedures and regulated in Chapter XVI of this Convention arbitration.
Its aim is to involve workers in company results obtained by achieving goals set in different orders (economic performance, production, market, quality, safety, including accident rate labor, environmental records, etc.)
These objectives must be measurable, quantifiable and achievable, besides materializing the method for regular monitoring by the representatives of workers.
The amounts allocated to these variables wages will be set annually based on defined objectives.
These variable remuneration, whether individual or collective, not part of the Wage Bill Gross of Art. 33.II. In all cases, companies must report annually to the workers' representatives, when delivery of the MSB, the amount to be allocated to these variable remuneration, and its distribution by Professional Groups and number of workers in each group affected is made by the same
For the purposes of interpretation of this article shall individually or plural and non-collective variable compensation based on objective and / or results of the company that set individually to each worker or those that set for a group workers, either by division, department or section, your perception or credit is made dependent on individualized such as meeting personal goals, individual performance, the degree of individual responsibility in achieving individual and collective objectives or criteria, and the performance of functions or tasks assigned individually; all except those which may correspond to a Supplement of Workstation or concerning the completion of activity of a higher professional group who have their own treatment retribution.
Will therefore not plural, but collective, variable remuneration allocated to a group of workers, regardless of their number, when your perception depends solely on the objectives set globally for the group as a whole.
Article 35. Non-application of working conditions regulated by this Collective Agreement.
In order to contribute to the maintenance of employment it may, by agreement between the parties and in accordance with the procedure laid down in this Article and 82.3 of the Statute of Workers, the non-implementation of working conditions regulated in the same.
The subject matter of possible derogations and the reasons that justify it, shall be those set out in that Article 82.3 of the Statute of Workers.
The procedure will begin the management of the company, who shall notify in writing the beginning of the period of consultation with employee representatives and, simultaneously, to the Joint Commission of this Collective Agreement. Communication to the Joint Commission shall be accompanied by the completed representatives of workers.
In the specific case of the non-application refers to the percentage increases and / or salary review referred to in Articles 33 and 38 of this Collective Agreement, communication to workers' representatives must occur within 30 calendar days from the publication of the Convention in the "Official Gazette".
In the event that the economic circumstances concur at the time of having to wage revision clauses referred to in Article 38 of this Collective Agreement apply, companies can likewise blurting that application whether they had not made regarding wage increases early this year referred to in Article 33.
In these cases derogating from percentage increases and / or wage revision of Articles 33 and 38 of this Collective Agreement, the parties will move to fixing wage increases prior development of a consultation period in terms referred to in this article as well as fulfilling other requirements and conditions set out in Article 82.3 of the Statute of Workers.
On the other hand, assuming that the lift is raised in relation to wage increases early years referred to in Article 33 of this Agreement, companies are not subject to review or wages during the current year according to what specifically agreed between the company and workers' representatives within the same, it being necessary to state such a decision in the document containing the agreements.
The provisions of the preceding paragraphs regarding the non-application of the percentage increases and / or wage revision of Articles 33 and 38 does not preclude the possibility for companies to go at any time and without being subject to term 30 days before appointed, the non-implementation of the remuneration system and the salary amount covered by this Agreement based on the provisions of letter d) of Article 82.3 of the Statute of Workers.
The intervention as interlocutors with the company address in the consultation procedure corresponds to the unions when they so agree, provided they have the majority representation in the councils or between staff delegates centers affected work, in which case represent all workers in the centers concerned.
In the case of absence of legal representation of workers in the company, it means attributed to the most representative unions and standing to be part of the Collective Bargaining Committee of this Agreement and unless workers decide to attribute their representation an integrated by workers of the company board appointed pursuant to Article 41.4 of the Statute of workers.
All this taking into account the particularities stipulated in paragraph b) of Article 41.4 of the Statute of Workers to when the procedure involves several workplaces and some of them do have legal representation of workers.
During the consultation period, the parties shall negotiate in good faith with a view to achieving an agreement and the same concern, among other issues, the reasons motivating business decision, its status and scope and the possibility of avoiding or reduce the effects of the failure by resorting to other alternative measures that mitigate its consequences for affected workers.
This period will come chaired by a genuine desire for dialogue and therein a precise and detailed documentation enables a real negotiation shall be provided.
For the purpose of developing the consultation period specified in Article 82.3 companies must submit at the beginning of the consultation period, an explanatory report containing:
A) Details of the proposed measures.
B) Justification of the economic, technical, organizational or production that motivate the procedure.
C) The objectives to be achieved, including a feasibility plan with forecasts and industrial, commercial, economic and financial short-term goals and the means for achieving these objectives.
D) estimated amount of the proposed measures on the economic progress of the company and consequences that may arise in the course thereof shall not be taken Incidence.
E) Other measures proposed to mitigate the consequences of the failure on the workers concerned.
F) Report of possible impact of the measures proposed in the occupational risk assessment and, where appropriate, preventive measures.
G) Technical report on the economic and financial situation of the company. This report is accompanied by the required documentation (balance sheets, income statements, statement of company tax, if any auditors' report). In companies with fewer than 25 workers, and depending on the economic costs involved, the report of auditors is replaced by the documents will be precise in what is stated in the preceding paragraphs to prove, irrefutably, the economic situation alleged .
H) In the event of failure to apply percentage increases and / or wage revision of Articles 33 and 38 of this Convention or derogating remuneration system or salary amount referred to therein, in the information presented a study on the incidence of wages in the economic progress of the company will be included.
The representatives of the workers are forced to try and keep the information received and the data to which they have access as a result of the provisions of the preceding paragraphs, noting, therefore respect all in the greatest secrecy, professional secrecy.
Achieved this agreement shall:
A) Itemize exactly the new working conditions applicable in the company and its duration, which shall not extend beyond the applicable time a new agreement in the company.
B) Establish monitoring systems agreed set in order to ensure both the correct application of the agreed conditions and the provisions of this Article, as real and continued existence of the alleged reasons for the inapplicability .
C) Include procedures for review of the agreement in the event that the causes that motivated disappear or be modified.
The agreement derogation may not lead to the breach of the obligations in the company on the elimination of discrimination based on gender or those that were provided, where appropriate, in the Equality Plan applicable.
According to the negotiations between the Company and representatives of workers, it must be reported to the Joint Commission produced.
The company and workers' representatives may agree at any time replacement of the consultation period for the application of mediation or arbitration procedures regulated in Chapter XVI of this Collective Agreement.
If requested the mediation or arbitration must be submitted to the Joint Committee the documents submitted during the consultation period, minutes of meetings held, as well as detailed analysis of the reasons that each party claims to not reach agreement report. If the opinion of the Commission the documents sent was not enough to dictate to the parties will address requesting extension or clarification of it.
In the event that ended the consultation period had not reached agreement, will proceed to request the intervention of the Joint Commission to initiate a mediation procedure. The application shall be accompanied by the documents mentioned in the preceding paragraph.
If the mediation of the Joint Commission the parties fail to reach an agreement, this issue within 7 days from the finding of a reasoned disagreement Report that reflects their judgment. This report will not be binding and the parties shall be sent as a proposed resolution.
If the member organizations of the Joint Commission not reached an agreement on the content of the Report shall state in the same corresponding manifestations of this part and shall also be sent to the parties in conflict.
On the other hand, was not accepted by the parties the proposed resolution contained in the report of the Joint Commission, those may submit the solution of their differences to arbitration systems established in the interprofessional agreements state or regional level, as appropriate to the geographical area of conflict.
Article 36. Correction of absenteeism.
The parties to this agreement recognize the serious problem for our society means absenteeism and understand that their reduction involves both an increase in the presence of the worker in the workplace as the correct organization of business and medicine Social security, together with adequate conditions of health, safety and working environment, in order to effective protection of physical and mental health of workers.
Similarly, the parties are aware of the serious loss that occurs in the economy absenteeism when certain levels are exceeded, and the need to reduce it, given its negative impact on productivity.
To properly achieve these objectives agree:
1. Representatives of workers should be consulted in all decisions relating to technology, work organization and use of raw materials that have an impact on the physical and / or mental worker. They will also be quarterly informed by the company of statistics on the rate of absenteeism and causes, accidents and occupational diseases and their consequences, accident rates, newspapers or special studies in the working environment and prevention mechanisms used.
In order to help reduce levels of absenteeism, companies exceeding a rate of 3 per 100 collectively in the twelve-month period may negotiate absenteeism reduction plans taking into account the following criteria in :
A) Measures for improvement in relation to the environment and working environment.
B) Actions on working hours and distribution plants taking into account possible measures to reconcile work and family life.
C) Procedures to detect pathologies related jobs.
D) Actions to facilitate change or adaptation of the job for workers who prove to be affected by any limiting condition for the full development of their usual duties.
2. To quantify and catalog the causes of absenteeism, will not be eligible for the purposes of the following absences such quantification, prior and duly justified, within legally established in the following cases:
- Birth of a child or serious illness or death of relatives to the second degree of consanguinity or affinity.
- Transfer of habitual residence.
- For the time required to fulfill a duty of public and personal time.
- Carrying out trade union duties or staff representation in the terms legally or conventionally established.
- Absences breastfeeding a child under nine months.
- Absences resulting from hospitalization.
- Absences due to accident.
- Absences due to the suspension of the activity in case of accident risk when so decreed by the labor authority or the employer decides himself whether or not at the request of the representatives of workers.
- The maternity / paternity leave.
- The alleged suspension of employment contract for reasons legally established, except for Temporary Disability.
3. To calculate the rate of absenteeism the number of hours of absence during the period will be divided (taking into account the exclusions above) by the total hours of work available in the same period and the result is multiplied by 100.
4. In this chapter, both parties shall be governed by the basic approach of seeking to reduce the causes that generate it and focus on those in which a realistic and negotiating action can achieve its reduction in the short and medium term.
5. In the absence of agreement with representatives of workers, the company, to reduce absenteeism (understood as such the Temporary Disability, in accordance with paragraph 2 of this Article and unexcused absence) when the single figure of absenteeism exceeded the 3 100 of the day / time to work during the period of three calendar months, the worker concerned will no longer receive Temporary Disability complement if customarily express agreement or by what came accrue. Such calculation shall be made quarterly, on the assumption that the worker had improperly received the supplement, an enterprise deduction in the first month of the following quarter.
The power to withdraw the Temporary Disability supplement referred to in the previous paragraph may be used by companies, although they had not exercised before.
The destination given to the amounts left payable to employees as a result of the application of this paragraph will be decided annually within the framework of the Wage Bill Gross, with the participation of representatives of workers. They shall not be considered for the purposes of the provisions of this paragraph faults uninterrupted over twenty days or those whose cause is derived from hospitalization (understood as the period of stay in hospital and subsequent convalescence linked to the causes that justify hospitalization prior), accident, maternity, paternity or temporary disability during pregnancy risk for the same derived from the nature of the work done when it is not possible to occupy the worker in another post.
Notwithstanding the foregoing, in the event of faults uninterrupted more than 21 days derived from common disease, when the company promotes health inspection at the National Institute of Social Security reviewing the situation, during the pendency of this file and from the same day as the start of it should be urged, the worker will no longer receive Temporary Disability complement always by common illness and when individual absenteeism rates listed above are met. If the administrative procedure ended dismissing the claim of the company in this regard, the company must reinstate the worker the amounts forgone as a supplement Temporary Disability.
For dismissals for the reasons provided in Article 52.D) of the Statute of Workers will be as set out in the same
6. Companies, in any case, bear any increase in economic deducted supplement this article if legislative or regulatory amendment reductions percentages are produced in Social Security benefits.
Article 37. Wage Guarantee in the event of hospitalization, occupational disease, occupational accident and maternity.
In cases of hospitalization, occupational disease, occupational accident and maternity benefits companies complement Temporary Disability Social Security up to 100 100 of the sum of base salary, plus agreement, personal accessories and complements job, all in ordinary working day, excluding those of variable nature concretized in the following:
- Pluses Sunday, holiday and night shift.
- Accessories for quantity or quality of work.
The term hospitalization, length of stay in hospital and subsequent convalescence linked to the causes that justify prior hospitalization.
This wage guarantee shall also apply to low during pregnancy granted for the same risk arising from the nature of the work, if not possible occupy the worker in another job, and for conducting medical evidence regarding the physical condition of the mother or fetus, ordered by the physician. It will also apply the plug-regulated in this article in cases of Temporary Disability convalescence following surgery for Ambulatory or Hospitalization in less than 24 hours when convalescence is more than 15 consecutive days.
In the case of a regular shift system in all its forms, wage guarantee includes the remuneration regularly receives for such a system work.
This supplement will also be affected by the provisions of the sixth paragraph of Article 36
The supplement referred to in this Article 37 and Article 36 in any case it will be for a period exceeding eighteen months.
wage revision clause.
A) wage revision clause for the years 2015 and 2016.
In the event that the sum of the overall CPI Spanish for the years 2015 and 2016 resulting a figure greater than the sum of the increases agreed to in this collective agreement for the aforementioned years, shall make a pay review, in the indicated difference without retroactive effect, as soon finds that fact officially.
The increase in wages if any appropriate therefore be paid with effect from 1 January 2017, serving as the basis for calculating the salary increase last year.
The same applies to wage revision tables SMG of Articles 32 and 44, plus nocturnality Article 44.7, pluses of Article 40 and Article 28.4 diets.
When operating this salary review on the MSB of each company is not possible compensation and / or absorption of the same with other elements of pay, whatever their denomination.
B) wage revision clause 2017.
In the event that the Spanish general CPI result for the year 2017 a figure higher than the increase agreed to in this collective agreement for the said year, shall hold a salary review, in the indicated difference without retroactive effect, as soon finds that fact officially.
The increase in wages if any appropriate therefore be paid with effect from 1 January 2018, serving as a basis for calculating the increase could be agreed for 2018.
The same applies to wage revision tables SMG of Articles 32 and 44, plus nocturnality pluses Article 44.7 and Article 40 and Article 28.4 diets.
When operating this salary review on the MSB of each company is not possible compensation and / or absorption of the same with other elements of pay, whatever their denomination.
Article 39. Age.
The old plus for workers affected by this Convention shall be frozen at its base current calculation, following its natural evolution triennia, five-year periods and other existing models in the sector.
For start-up companies, the model corresponds to the subsector in which it does business. If these models could not be determined it shall be applied as a reference model the two trienios five-year periods, by subscribing, irrespective of the model applied, the following amounts:
Euros / year
The figures mentioned above are applicable to all professional groups.
However, freezing the basis of calculating length of the amounts received for this concept are part of the Wage Bill Gross refined, which is implementing the agreed wage increase, having to proceed for distribution as Article 33 states This implies that although the amount may remain unchanged perceived by the concept of seniority, the increase would correspond to him to be part of the Wage Bill Gross, must be reflected in a greater increase in other items according to the cast that is established for this purpose.
Article 40. Pluses.
Are abolished in concept and current level all existing bonuses in companies that will become part of the Convention Plus and / or Personal Supplement, in accordance with Article 29.1, with the only exceptions being those whose name meets remuneration related activity or content of the work performed such as production incentives or bonuses, seniority, shift work, night work, dangerous and / or toxicity, etc.
Companies paying bonuses should come hazard and / or toxicity, by express or tacit agreement between the parties, final judgment or final administrative decision, they will agree with the following modules:
1st Those who come using in business.
In other cases 2nd
10 100 (for each) on the following basis:
Euros / day
However, by agreement in the company, you may be negotiated extinction of these pluses, integrating these amounts in the MSB referred to in Article 33, or constituted as an adjunct job than the CPT from the reserve.
For nocturnality plus it will be provided in each company, taking into account the following. For the hours worked at night (22 hours at 6 the next day) a minimum charge of € 10.46 gross per full night worked, or proportion to the time worked during night period and to be paid unless it is established that nocturnality is already integrated into another wage or salary concept is established considering that the work is by its very nature night or agreed additional compensation for this work to rest.
The amounts received in respect of nocturnality part for all purposes of the wage guarantee in the art. 44 of this Collective Agreement as Guaranteed Minimum Wage processes for continuous shift.
Article 41. Incentives.
At the initiative of the company's salary supplement may be established by quantity or quality of work, consisting of premiums or any other incentives that workers must receive because of higher quality or greater quantity of work, leave or not attached to a system of pay for performance. The implementation or modification of an incentive system in no case may involve same business a loss in the worker's pay.
In connection with the implementation or modification of an incentive system will be governed by the provisions of Article 9.
Claims that may arise in relation to the rates of these supplements should be posed to workers' representatives. If not resolved between them and the management of the company, it may raise resorting to Chapter XVI of the Collective Agreement on a voluntary dispute settlement procedure, without thereby the subject of a complaint rate no longer applies.
However, are safely possible legal actions that correspond to those affected if they considered they harmed their contractual rights.
For this purpose, the worker retained, regardless of the yields achieved with the new values of times, the average of perceptions that had 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, will be paid according to the rates in anticipation of such an event is established, they must in any case you remunerárseles with the total amounts to be received by the concept of performance increase, once approved the tariffs.
In the event that rates referred to the two preceding paragraphs arrived not definitively established, higher activity shall be paid in proportion to the excess of the normal activity.
The timing and performance review will be made by any of the following facts:
1. A reform of the methods, means or procedures.
2. When he had incurred so manifest and undoubted error of calculation or measurement.
3. If there had been changes in the number of workers or any other changes in conditions that at work.
4. By agreement between the company and workers' representatives.
If because of the introduction of a system of performance and incentives of one or more sections that make manufacturing, someone had to make a quantity or quality of work than the normal activity of your workload per hour / person he shall receive an increase in their wages to normal activity.
Enterprises should establish a system of remuneration incentive indirect labor, when he is established for direct labor, if this fact determines that the indirect labor had to make a number of top job the normal activity of your workload per hour / person.
If any of the workers paid piecework or premium not give due performance for reasons attributable to the company, despite applying techniques, activity and diligence necessary, shall be entitled to salary had been envisaged or, in any case, to the remuneration to come perceiving normal or usual activity in unmeasured work.
If the motivating causes of performance degradation were accidental or not to extend to the whole day, it is only the worker must compensate the duration of the decline.
When, however well proven reasons not attributable to carelessness or negligence of the company, but independent of the will of the worker (power failure, malfunction in the machines, pending driving force, materials, etc.), is accurate will suspend work, workers will be paid corresponding to normal performance perception.
In both cases, to establish these rights, it is essential to have remained in the workplace.
Changes in work center or area where the employee has established a part of their remuneration in the form of commission, incentives, awards for goals, etc., will require variable remuneration suits the provisions of the new center or area without incurring damage on their salaries to the same activity, performance quantity and quality and function.
Working time and ordination
Article 42. Workday.
42.1 Workers affected by the XVIII General Convention of Chemical Industry will have an annual maximum workday of 1,752 hours worked in 2015, 2016 and 2017.
Days currently existing in its annual count more beneficial for workers shall be respected.
Companies that have established rest periods ( "sandwich") as effective working time, quantify its annual duration and this amount will be deducted from the duration of your current day, for the purpose of determining the effective annual day that consolidate the entry into force of this Convention. To be made this operation, a lower than expected this Convention day, keep this day, in these assumptions can reorder it.
Example: Company with annual working hours under and break (sandwich) considered effective working day × days a year.
Annual Conference - Working days × snack time = actual day
To make effective the right to reconcile personal, family and work life and provided the organizational work conditions permit, in each company can be agreed with workers' representatives individual possibility of relaxing on the schedules governing in the calendar of the company, hours of input and output without changing the total duration of working time and specifying the departments, sections and maximum application the same in each case.
42.2 In the field of business, prior negotiation and agreement with the Workers' Representatives, a schedule of irregular distribution of working time, which implies the possibility of exceeding the maximum daily limit of 9 hours, may be established in accordance with the provisions of Article 34 of the Statute of Workers, respecting the minimum rest fixed by law.
42.3 About the calendar governing the company, the address may have at this time or flexible hours up to 100 hours each year of the Convention, which considered ordinary nature, despite its irregular nature, they will be part the annualization of the day. Such flexible hours will apply on weekdays resulting for each worker calendar governing the company, except in the cases provided for in Articles 13.9 and 45, can be overcome, the daily stop time of 9 hours referred to in the Act with respect for minimum rest already mentioned.
For the application of flexible criteria causalización time and explanation of the productive and organizational technical reasons that justify the representatives of the workers are taken into account, as well as those directly affected, with 5 days in advance the adoption of that decision.
In any case, the extension of working hours consequence of this irregular distribution and application of flexible hours, will not apply to workers / workers who have limited their presence for reasons of safety, health, child care, pregnancy and lactation periods.
Compensation flexible hours or made freely available, is as follows:
- 1 hour furlough for each flexible hour until the ninth hour daily work, including this one.
- 1.5 hours mandatory rest time for each flexible organized since the tenth hour of daily work, and including this one.
However, in cases of use of the bag of hours for the cases referred to in Article 45 of the Convention, compensation for each flexible time is 2 hours on furlough.
Compensation for flexible hours in the cases referred to in Article 13.9 of this Agreement shall be governed as established therein.
The compensatory rest period that may apply for the realization of flexible hours will become part of the individual bag available time regulated in Article 45a and enjoy in the manner and time provided there.
The extension of time for use by the company of the bag flexible hours and compensatory rest period may follow one another in this order or in reverse, ruling in both cases the same rules contained in the preceding paragraphs .
Bag 100 flexible hours regulated in the preceding paragraph may likewise be used in reverse to address exceptional situations productive and provisional in time, related to the decrease in the volume or workload motivated by economic reasons , productive, organizational or technical. It will be used as the preferred and prior to the decision-making affecting the maintenance of employment, whether it is fixed or temporary instrument.
Firms intending to go in reverse regulated flexibility in this article should prove reasonably sufficient and actual existence of any of the aforementioned economic, productive, organizational or technical reasons, in which the adoption is objectively justified measure.
When decreases in demand in the products or services offered by the company on the market are structural, cyclical or seasonal nature, ie own activity or production cycle in the sector to which it belongs, shall not apply the reverse regulated flexibility in this paragraph but in any case, other measures such as those provided in the preceding paragraph.
Upon delivery to the employee representatives information and supporting documentation, as well as flexibility reverse measures that the company plans to introduce an open consultation period with workers' representatives will have a maximum duration of four days.
The consultation with employee representatives will focus on the reasons motivating business decision, the possibility to avoid or reduce their effects, the necessary measures to mitigate its consequences for those directly affected and keeping employment commitments .
Companies may apply flexible hours in reverse while surviving the causes that justify the adoption of the measure in accordance with the following requirements and limitations:
A) The undertaking shall notify the worker in writing, with reasons and 4 days prior to the effectiveness of the measure reverse flexibility, the need to replace the hours of effective delivery of its work to determine the company for a furlough without loss of pay or any labor law. The notice period the employee may be simultaneous with the period of consultation with employee representatives outlined above.
B) The undertaking shall notify the employee in writing, motivated and 7 days in advance form, the need to recover the hours of actual work that had been replaced by a mandatory rest under reverse flexibility. Such recovery shall apply on weekdays resulting for each worker calendar governing the company, unless otherwise agreed with workers' representatives, must always respect the regime of breaks established by law and present Collective agreement.
C) Hours reverse flexibility applied as mandatory rest during the first eight months of the calendar year should recover in the latter. Reverse hours flexibility generated in the last four months of the calendar year can be recovered within six months of the following calendar year.
D) Reverse flexibility may not apply to people who have limited their presence for reasons of safety, health, child care, pregnancy and lactation periods.
E) In the implementation of flexibility reverse rotation systems so that it is not always done by the same people are taken into account, as well as the possibility of exchanges between them will be established whenever they are organizationally possible and based on the voluntariness of those affected.
F) During the recovery period of hours to which this refers paragraph may also resorted to the measure of flexibility regulated in the above, provided that the sum of hours of recovery does not exceed, between them, more than 100 hours in each year of the Collective Agreement.
Article 43. Overtime and extensions of time.
1. Extraordinary hours.
shall be considered extraordinary for legal purposes hours, the following:
The excess of the annual working hours under each company, ie, the worked after hours in the work schedule governing the company, except for the flexible hours resulting from the application of Articles 13.9 and 42.3.
Overtime is preferably offset by rest, provided they do not disturb the normal production process of enterprises. Compensation for rest or overtime pay if the employee opts for this modality, which will be established in the company or which may be agreed within it.
Overtime compensated by rest within its completion four months will not count for the purposes of annual overtime ceiling established by Article 35.2 of the Statute of Workers.
Given the serious situation existing unemployment and in order to foster a supportive social policy that promotes job creation, deletion of usual overtime is agreed, thus maintaining the criteria already established in previous agreements.
also based on giving full value to the above criteria, will be analyzed in each company, jointly between representatives of workers and the same, the possibility of new hires within recruitment procedures in force in replacing overtime suppressed.
Also regarding the different types of overtime is agreed as follows:
A) Overtime force majeure come demanded by the need to repair or other similar claims whose nonperformance produce obvious and serious damage to the company or third parties and in case of risk of loss of raw materials: realization .
B) Overtime required by orders or production peak periods when they are not performing unpredictable or produce materials or customers serious losses and this is evident, unplanned absences, necessary for the implementation and / or stops, shift changes, the maintenance when not fit the use of different types of temporary or partial recruitment provided by law and not carrying carry the loss or deterioration of production and in the event that its non performance involving the inability to repair damage or ensure proper implementation of the production: maintenance.
Overtime, in any case, by its nature, be voluntary, according to the law, except those whose nonperformance company produces the serious damage or impede the continuity of production and other cases of force majeure content in paragraph a) of this Article.
Company Management report monthly in writing to the employee representatives on the number of overtime hours worked, specifying the causes and, where appropriate, distribution sections. Also, based on this information and the above criteria, the company and employee representatives will determine the character and nature of overtime depending on what is agreed in this Agreement.
Discrepancies may be subject to the procedures provided for in Chapter XVI of mediation and arbitration.
The hours of rest that may apply for overtime work will form part of the individual bag available time is governed by Article 45a and enjoy in the manner and time provided there.
2. Prolongations of day.
The time spent in the workplace after the scheduled departure time in the work schedule of the company, as required by those workers whose job consists of the launch, opening or closing of center work involving an extension of their regular working hours, time will be considered extraordinary work only on the assumption that as a result of their realization exceed the annual day governing in the company. Said extension of time, if any, will be compensated in the form agreed in each affected company or, where appropriate, with representatives of workers.
The hours of compensatory rest that may apply for these extensions of time will be part of the single bag available time is governed by Article 45a be enjoyed in the manner and time provided there.
Article 44. turnicidad.
1. Defining shift system in the process continuo.-A 'continuous process' the work that due to technical or organizational needs is carried out 24 hours a day, 365 days a year, but will eventually stop for enjoyment vacation collective nature involving total or partial closure of facilities, repairs, maintenance, change of cycle or product, or any other reason foreign workers, as well as force majeure.
In addition, the provisions of this Article shall apply to those shift workers in production processes 24 hours a day, with rotation and working Sundays and holidays are not made 365 days a year, but for a predetermined time. In this case, the guarantee of this article in paragraph 6 will be in proportion to the period actually worked in this system.
2. Descansos.-For workers in shift regime, and when required by the organization of work, you can accumulate for periods of up to four weeks the average weekly day of rest provided for in paragraph 1 of Article 37 of the Statute of Workers, or separate it from the corresponding full day to enjoy another day of the week.
In these companies, when changing the worker shift can not enjoy the minimum rest between working days set out in paragraph 3 of Article 34 of the Statute, it may reduce it, in the day that it happens, to a minimum of seven hours, offsetting the difference until twelve hours generally established in the days immediately following. (Royal Decree 1561/95 of 21 September on special working days).
Notwithstanding the foregoing, it will also apply as regards the regime of breaks, the provisions of Article 2 of Royal Decree 1561/95.
3. Absences imprevistas.-workers in shifts, except manifest impossibility must communicate with the maximum advance and diligence any incident (no, delay, etc.) that affects the system relay his job and, failing that, confirm this as soon as possible, although it has begun the day that corresponds.
In the event that the absence of relief is known by the company with 24 hours in advance, it is obliged to replace the outgoing at the end of their journey. Companies that purpose, adjust the changing times tables (quadrants) of the affected workers. The modification to produce such replacement will be necessary in time and change quadrants.
In the event that the absence of the relay is not known by the company with 24 hours in advance, and provided that the Management Company can not proceed with its replacement, the outgoing worker should remain on the job for the time required until the Management Company may proceed with the replacement. Also, companies can adjust schedules tables (quadrants) in the manner provided in the preceding paragraph.
4. Rotación.-In companies with production processes 24 hours a day, in the organization of work and shifts will take into account the rotation of the same and that no worker will be at night more than two consecutive weeks, except voluntary membership (Article 36.3 of the Statute of Workers).
5. Moving the enjoyment of days festivos.-companies, to make the quadrants, may move holidays worked throughout the whole calendar year.
6. Workers performing functions to turn in "continuous process" understood as defined in paragraph 1st of this article, will have a Guaranteed Minimum Wages for Group all consistent concepts in the following annual amounts:
Euros / year
This SMG shall be composed of all the concepts paid to be received by the employees of each company, normal or usual activity in unmeasured work, including the night shift.
Are not included in these SMG the following: Age, plus hazard and / or toxicity, Supplement Workplace (CPT) to which Article 33 of the Collective Agreement, sales commissions and incentives, refers safe that incentive the case of a fixed concept that workers perceived to normal or usual activity in unmeasured work.
The difference between the Guaranteed Minimum Wage Table of shift workers and Guaranteed Minimum table of other workers turn corresponds to work throughout the year, so the guarantee shall apply proportionately to the number of days worked to turn over total days the same year that corresponds.
7. Processes shifts other than continuous process: In accordance with Article 36.3 of the Statute of Workers means for shift work every form of organization of teamwork whereby workers successively occupy the same jobs, according to some rhythm, continuous or discontinuous, implying the need for workers to provide services at different times within a certain period of weeks or days.
Those companies that develop their activity in any system of different rotating shifts of continuous process and meeting the requirements set forth in the preceding paragraph shall pay to workers affected turnicidad concept plus the minimum amount of 1.15 € cash per day worked in shifts. The amounts paid by this plus turnicidad, in accordance with Article 33.I.1, section 1.1 (Note A), part of the gross payroll of enterprises.
They will be compensable and absorbable for the purposes of compliance with the established here turnicidad plus any amount that companies come and paying workers and remunerate or are linked to shift work, whatever their denomination.
nocturnality amounts that apply for the actual worked nights as regulated in Article 40 of this Convention shall be paid.
8. Implementation of a new shift system or modification / deletion of existing ones: In developing the provisions of Article 41 of the Statute of Workers, companies should not go to work in shifts may implement any of the systems described in paragraphs 1 and 7 above must in these cases forewarning both representatives of workers and those directly affected with a minimum of 15 days. From the moment resulting from applying the new regime shifts must pay to workers affected the SMG or plus turnicidad, referred to in this Article, as appropriate, and without that to achieve these, it is possible to absorb quantities of Convention Plus worker and / or staff complement.
The provisions of the preceding paragraph also be applicable in cases of companies that they should come to work in any of the shift systems as defined in paragraph 1 and decide to delete or change to another of the latter.
The SMG and plus turnicidad referred to in this article shall not be consolidated in the event those workers who cease providing services in processes shifts, defined as those defined in paragraphs 1 and 7 of this Article. However, in the event cease providing services in a continuous process the worker is entitled to compensation equivalent to the difference between a monthly fee of SMG paragraph 6 above and a monthly fee of SMG Article 32. In the event cesar in providing services in any shift systems defined in paragraph 7 the worker is entitled to compensation equivalent to one month's plus turnicidad to come perceiving, unless pass from one of these systems shift at continuous process, in which case, the SMG receive the previous section 6 to compensate for the new situation and the duration thereof.
9. They have priority in choosing shift pregnant or lactating according to the regulations in Article 26 of the Law on Prevention of Occupational Hazards and 10 of the Act Reconciling work and family life. And they shall have such priority persons with a disability officially recognized, those with minor or disabled at its sole expense and students, where the application be permanent, there job and allow service needs.
Article 45. Increased utilization of productive capacity. I work on Saturdays.
In companies in which they had not agreed with workers' representatives a working system for weekends and / or holidays, and where there are proven reasons of production, market and organization of work motivating, among others, the usual conducting Overtime during weekends and / or holidays, it is understood that it is necessary to increase production in a given or permanently moment, through greater utilization of productive capacity installed. To do so, before taking any action to modify the current labor regime to date, such a problem and how to resolve it with the workers' representatives will discuss what can be achieved by:
- New hires equivalent to new needs identified temporary, which will apply the provisions of Article 44.6 duration.
- An agreement on irregular day.
- A shift system.
- Using the bag flexible hours in accordance with Article 42.3.
The implementation of these systems work to cover certain activities be incompatible with the performance of Overtime (except force majeure), employment of temporary agency workers or subcontracting in those activities and functions performed by the employees concerned the new system work.
Bag flexible hours in the event of unforeseen needs so that in addition to the regulations in the art will be used. 42.3, the following will be considered:
An offer will be made to the entire workforce to meet those needs with workers who are voluntarily willing to undertake the activity that is required.
In the event volunteers not cover those needs, the company can use the bag flexible hours to a maximum total of 4 Saturdays a year for each worker.
In both cases the compensation for each hour worked 2 hours will furlough.
Article 45a. Individual bag spare time.
1. Individual bag available time complies with all mandatory rest times, whether the derivatives recovery, whether derived from compensations for flexible hours, overtime or extensions agreed day. In the event that the company have agreed days freely available or arise from the preparation of the annual work schedule, they will become part of the bag, for individual enjoyment, unless by agreement the collective enjoyment of all is agreed day or part thereof.
This bag system will also operate flexible hours individualized for workers with an employment contract for a specified period.
2. Notification to workers' representatives.
The company shall communicate in writing to the representatives of workers individual bags available time and use annually.
3. You can enjoy individual bag needs of personal and / or family. Corresponding periods of compensatory rest must endeavor will enjoy full days that they are set by agreement between employer and worker concerned. In the event of disagreement will be enjoyed on the dates indicated by the worker giving prior notice seven days in advance. In the latter case of disagreement the corresponding days or hours of rest may not be combined with bridges or vacation.
Compensation hours generated within the first eight months of the calendar year should 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 of the following calendar year.
Article 46. Work Calendar.
Within one month from the publication of the official calendar in the "Official Gazette" Official Gazettes or in each report, companies point out, involving representatives of workers, calendar work for the following year.
This schedule should include local business parties and dates for the enjoyment of the holiday, as well as fixing breaks.
Also, the schedule will include special sessions as well as workers whose regular activity takes place outside the workplace.
The schedule should be exposed in the workplace throughout the year.
Article 47. Vacations.
The regime of paid annual leave of the staff affected by this Convention shall be thirty calendar days. In this holiday at least fifteen calendar days shall be enjoyed uninterruptedly between the months of June to September, except in the case of companies that have agreed with workers' representatives a schedule that includes a different distribution of holidays and where he will be agreed.
When the holiday period fixed in the calendar of company holiday coincides in time with a temporary disability resulting from pregnancy, childbirth or breastfeeding or with the period of suspension of the employment contract provided for in Article 48.4 and 48.bis the Workers' Statute, is entitled to enjoy holidays different from the temporary disability or of leave that application of that provision it appropriate, at the end of the suspension period date, although there finished the calendar year to which they relate.
In the event that the holiday period coincides with a temporary disability than those indicated in the previous paragraph that prevents the worker enjoy whole or in part, during the calendar year corresponding contingencies, the worker may do it once their inability to complete and provided they have not been more than eighteen months from the end of the year in which they originate.
The annual leave may not be compensated in cash.
Workers at the given date to enjoy the annual leave cash had not completed a year in staff of the company will enjoy a number of days proportional to length of service.
In case of closure of the workplace for vacation, company management personnel entered during that period, have to carry out works necessary business tasks, etc., particularly with stakeholders arranging the most convenient way of their annual vacation.
The employer may exclude as a holiday period that match the increased seasonal production activity of the company, after consultation with employee representatives.
The distribution box of the holiday will be discussed in advance of three months, at least, on bulletin boards, to knowledge of the staff.
For the payment of the holiday period in the same regime established businesses for the payment of salaries in the non-holiday period will continue, although workers are entitled to receive advance payments that these will not exceed 90 100 corresponding salary.
The holidays will be paid according to the average obtained by the employee for all items in a normal working day in the previous three months worked to the date of initiation of the same, with updated in any case the current year values.
The staff entitled to vacation, to cease the year, you will be entitled to the proportional part of the vacation, according to the number of months worked, computed as a full month fraction thereof. In case of death of the worker, this amount will satisfy their dependents.
Staff shifts can start enjoying your vacation at the end of its regular rest period.
Licenses and exceedances
Article 48. Licenses.
The worker, with the possible advance warning may miss work, entitled to compensation for any of the reasons for the time and then exposed:
1. Fifteen calendar days in case of marriage.
2. Two days for the birth of sons / ace, one of which must match business day for registration purposes, and may be extended up to four if surgery (cesarean section) or diagnosed medical condition, or when the worker needs to make a travel for this purpose. In the latter case the following criteria for the extension of such license shall be followed: displacement of 100 to 200 km, 1 additional day. more than 200 Km. 2 extra days, and all except judgment against the company or agreed taking into account the specific location of the population and the hospital. In the event of hospitalization of the mother's birth leave days can be enjoyed continuously or alternating the duration of hospitalization.
3. Two calendar days in case of hospitalization or surgery without hospitalization that requires home rest, accident or illness diagnosed by a physician or death in any of the above, relatives cases to the second degree of consanguinity or affinity, which may be extended up to four except upon need to travel for this purpose, being followed in this case the rules laid down in the preceding paragraph as to the distances and license extension.
4. A calendar day in case of marriage of children, parents or siblings of the employee or spouse on the date of holding the ceremony.
5. During one day transfer of their habitual residence.
6. By the time required to fulfill an inexcusable duty of public and personal time, including the exercise of active suffrage. When listed in a legal or conventional standard a given period, as is the case of the exercise to vote, it will be available to it in terms of length of absence and compensation. In all other cases, workers who the day before the fulfillment of the inexcusable duty of public and personal character have been assigned the night shift can enjoy paid leave during the latter, provided that the summons to the corresponding duty is prior to 14: 00 hours.
7. For the indispensable assistance exams time when the worker curse regularly studies for obtaining an academic or professional degree. When the exam for the worker to perform more than 100 kilometers each way displacement from home this license will be granted for the full day. Workers who the day before the exam have been assigned the night shift can enjoy paid leave during the latter, as long as the call to the appropriate exam is earlier than 14:00.
8. For the indispensable for prenatal examinations and birth preparation techniques to be made within the time workday.
9. For the indispensable doctor's office to accompany a first-degree relative who is in charge of the worker, as long as the schedule of the office is coincident with the time of their working day.
For the purposes of the enjoyment of the license the following criteria are taken into account:
A) applies for spousal support if it meets the other requirements mentioned in this section.
B) It is understood that the spouse or first degree this 'dependent' worker for the purposes of support when dealing with people who present a real need for such support based on reasons of age, accident or illness do you can not fend for himself and is not able to go only to the medical visit.
C) it must be patient living in the worker's home or similar situation to demonstrate a high degree of dependence on the worker in their daily and / or daily life, as could be the case of elderly parents to remain in their homes or nursing homes.
D) not be understood that the family is dependent on the worker when the latter It is specified to a shift in the terms in which this concept is defined in paragraph 2 above to accompany your spouse or a medical visit.
E) must demonstrate the situation of need of support, either before or after it, by certified or official document stating that the optional status or family circumstances prevent you go to the consultation without accompaniment for the reasons indicated.
F) In the case of age it will be presumed dependence and therefore the need for support to the legal majority, ie up to 18 years.
10. In cases of premature births of children or who, for whatever reason, to remain hospitalized after childbirth, the mother or father are entitled to time off work for an hour.
As those listed in numbers 1 to 3 in the previous section, duly accredited in extraordinary cases, such licenses are granted for as long as is necessary under the circumstances, the conditions for granting conviniéndose and can remember not being collected assets.
When the cause of the license event occurs in another country, the license will be extended to 6 days, 4 of which will be paid and 2 shall be considered unpaid leave and may be extended by mutual agreement between employer and worker this character of unpaid when the country into consideration and the media available so require.
Unless otherwise agreed with workers' representatives, the remuneration to be received licenses in cases specified in this Article shall consist of all fixed nature of remuneration to be received by workers in normal working hours and normal activity, leaving excluding only those supplements variable nature and / or received for the effective delivery of work.
Enjoy purposes of hospitalization leave relatives to the second degree of consanguinity or affinity referred to in the third paragraph shall take into account the following criteria:
A) shall apply only inpatient stay in hospital, with part of income, for 24 hours or more.
B) Assistance or stay of a relative in the emergency does not involve hospitalization unless it is greater than 24 hours and, therefore, only in the latter case the right to leave hospital referred to in section 3 is generated of this Article.
C) To qualify for the license is a prerequisite to deliver the share of income in the relative hospital worker, to justify their stay on the premises of the same.
D) Assumptions hospitalization relate to each affected family hospitalizations, with no difference as the root causes are the same or different.
In all cases of licenses referred to in this article the start of the enjoyment of the license must coincide with the beginning of the deceased, unless done in cases of hospitalization in which the license may be enjoyed later, but as long as then persists the risk, ie hospitalization relative to the second degree of consanguinity or affinity, can be enjoyed in the latter case, the choice of the worker, in successive or not days and provided that there is sufficient notice.
In all cases referred to in this article, the right will be recognized paid leave both conventional marriages as cohabiting legally registered in public records created or to be created for this purpose in any geographical area or, default of the latter, at accredited by notarial deed executed jointly, must be proven irrefutably to the company the requirements set out above for the corresponding enjoys the license.
In the case of the license referred to in paragraph 1 of this Article, the worker must submit to the company a written application, attaching supporting documents to their situation within a maximum period of one month from the day following the registration of the stable union, prescribing otherwise their right.
Article 49. Reduction Day for family reasons.
1. The / as workers / as, breastfeeding a child under nine months are entitled to one hour off work, which they may divide into two fractions. The duration of the permit shall be increased proportionately in cases of multiple births. Who exercises this right, by his will, can replace it with a reduction of their day in an hour for the same purpose. This leave may be taken by either the mother or the father if they both work.
The / as workers / as entitled to the reduced working day will replace, at will, for a period of time equal to the sum of each of the daily hours paid leave; the enjoyment of this right must occur necessarily consecutively to maternity or paternity leave. The exercise of this right should be communicated to the company with a minimum of one month before the start.
This permission is an individual right of workers, male or female, but may only be exercised by one of the parents if they both work.
2. Who for reasons of legal guardian have your direct care any less than twelve years or a person with physical, mental or sensory disability, who does not perform a gainful activity shall be entitled to a reduction of daily working time, unless otherwise agreed with a proportional reduction in wages between at least one eighth and a maximum of half the length thereof. This reduction in working hours can be enjoyed in full days if there is agreement between the employee and company.
Will have the same right who required care of the direct care of a relative within the second degree of consanguinity or affinity, who for reasons of age, accident or disease can not care for himself, and not gainfully employed.
The parent, adoptive parent or pre-adoptive or permanent welcoming, he is entitled to a reduction of daily working time, unless otherwise agreed with the proportional reduction in salary of at least half the length of it , care during hospitalization and continued treatment, the child in charge affected by cancer (malignant tumors, melanomas and carcinomas), or any other serious illness involving hospitalization long lasting and requires the need for direct, continuous and permanent care, accredited by the report of the Public Health Service or health administrative body of the Autonomous Community and at most until the child reaches age 18. By mutual agreement between employer and employee may agree on the accumulation of this permit in full days.
Time reductions referred to in this article constitute an individual right of workers, men and women. However, if two or more employees of the same company this right for the same person, the employer may limit the simultaneous exercise for reasons justified operation of the company.
3. The time concreteness and determining the period of enjoyment of breastfeeding leave and shorter working hours, provided for in paragraphs 1 and 2 of this article, it is for the worker, within their normal working hours. The worker must give prior notice to the employer fifteen days before the date it back to her ordinary day.
The discrepancies arising between employer and employee about the time realization and implementation of this Article shall be resolved by the procedure established by law to do so.
4. The use of this right shall not entail loss of other rights, including the training and professional update, except those resulting from reduced working hours own or are incompatible with the new reduced working schedule.
5. The worker victim of gender violence shall be entitled to enforce their protection or their right to comprehensive social assistance, reduction of working time with proportional reduction in wages over time it deems necessary and without that apply the maximum and minimum limits set out in paragraph 2.
6. At the end of the reduced working hours here referred to the employee is entitled to join under the same conditions to their job.
7. In all cases not provided for in the preceding paragraphs shall apply the provisions of Article 37 of the Statute of Workers.
Article 50. Suspension of the contract for maternity, risk during pregnancy, risk during breastfeeding a child under nine months and adoption or foster care.
1. In the event of childbirth, suspension will last sixteen uninterrupted weeks, extended in the case of multiple births by two weeks for each child after the second. The suspension period will be distributed to interested option provided six weeks are taken immediately after childbirth. In case of death of the mother, regardless of whether this conduct or not any work, the other parent may use all or, where applicable, the remaining part of the suspension period, calculated from the date of delivery and without discounting the part of it that the mother could have enjoyed prior to delivery. In the event of death of the child, the suspension period will not be reduced unless, once completed six weeks of compulsory leave, the mother requested to return to her job.
Notwithstanding the foregoing, and without prejudice to six weeks immediately after birth mandatory rest for the mother, if both parents work, the mother, the beginning of the period of maternity leave, may choose to the other parent take a certain uninterrupted part of the rest period after childbirth either simultaneously or successively with the mother. The other parent may continue to use the suspension period initially transferred motherhood, although at the time scheduled for the reinstatement of the mother to work it is in a situation of temporary disability.
In the event that the mother is not entitled to suspend their professional activity are entitled to benefits in accordance with the rules governing such activity, the other parent is entitled to suspend his employment contract for the period would have corresponded to the mother, which is compatible with the exercise of the right recognized in the following article.
In cases of premature birth and in those in which, for any other reason, the newborn must remain hospitalized after childbirth, the suspension period may be computed at the request of the mother, or failing that, the other parent, from the date of discharge. They excluded from this calculation six weeks after childbirth, mandatory suspension of the contract of the mother.
In cases of premature births and underweight those where the infant needed, for any medical condition, hospitalization after childbirth, for a period exceeding seven days, the suspension period shall be extended by as many days as the baby is hospitalized with a maximum of thirteen additional weeks, and in the terms in which regulation is developed.
In cases of adoption and foster care provided for in Article 45.1.d) of the Statute of Workers, the suspension will last sixteen uninterrupted weeks, extendible in the event of adoption or multiple foster care in two weeks for each child from the second. Such suspension shall take effect, at the option of the employee, either from the court ruling that the adoption, either from the administrative or judicial decision on foster care, temporary or permanent, but in any case the same child you may be entitled to various periods of suspension.
If both parents work, the suspension period will be distributed at the option of the interested parties, who may enjoy simultaneously or successively, always with uninterrupted periods and the limits.
In cases of simultaneous enjoyment of rest periods, the sum thereof may not exceed the sixteen weeks stipulated in the preceding or that apply for childbirth, adoption or fostering multiple paragraphs.
In the event of disability or the minor child adopted or fostered, the suspension of the contract referred to in this section have an additional period of two weeks. If both parents work, this additional period will be distributed at the option of the interested parties, who may enjoy simultaneously or successively and always uninterruptedly.
The periods referred to in this paragraph can be enjoyed on a full time or part time, after agreement between employers and workers concerned, under the terms established by regulation.
In the cases of international adoption, when the previous displacement of the parents to the country of origin of the adopted necessary, the period of suspension, provided for each case in this paragraph, may begin up to four weeks before the resolution that the adoption is constituted.
The workers will benefit from any improvement in working conditions to which they would have been entitled during the suspension of the contract in the cases referred to in this article, as well as those provided in the following paragraph and Article 50a.
In the event of risk during pregnancy or risk during breastfeeding under the terms provided for in Article 26 of Law 31/1995 of 8 November on Prevention of Occupational Hazards, the suspension of the contract end the day the suspension of employment for biological motherhood or infant meets nine months respectively, or, in both cases begins, when it disappears the impossibility of working to return to her former position or another compatible with their status.
Article 50a. Contract suspension for paternity.
In cases of child birth, adoption or foster care in accordance with Article 45.1.d of the Statute of Workers, the worker is entitled to suspend the contract for thirteen consecutive days, extended in the case of birth, adoption or multiple foster care in two days for each child after the second. This suspension is independent of shared periods of maternity leave covered in the previous article enjoyment.
In the event of childbirth, suspension corresponds exclusively to the other parent. In cases of adoption or foster care, this right shall belong only to one parent, at the choice of stakeholders; however, when the rest period covered in the previous article is enjoyed entirely by one parent, the right to paternity leave may only be exercised by the other.
A worker who exercises this right may do so during the period from the end of permission birth of a child, provided by law or agreement, or from the court's decision constitutes the adoption or from the administrative or judicial decision foster care, pending the suspension of the contract regulated in the previous or immediately after the completion of the suspension article.
The suspension of the contract referred to in this article may it be enjoyed on a full-time or part-time of at least 50%, by agreement between the employer and the employee, and as determined by current legislation .
The worker must notify the employer in advance as possible with the exercise of this right.
Article 51. Suspension of the contract of the worker victim of gender violence.
The suspension period for an initial period not exceeding six months unless the actions of judicial protection proves that the effectiveness of the right of protection of the victim requiriese the continuity of the suspension, in this case, judge may extend the suspension for three months with a maximum of eighteen months.
Article 52. furloughs.
Leave without pay may be requested with a maximum duration of three months workers who, having passed the trial period, the service with the company more than six months. The maximum duration of the leave may be extended up to one year by mutual agreement between worker and company.
The companies resolved favorably requests in this regard are formulated, unless the licensing seriously affect the production process or will be enjoying this right to a number equivalent to 2 100 workers by the center staff work, or a worker in workplaces of less than 50 workers.
To qualify for a new license, must pass at least two full years from the date of completion of the above.
Similarly, when relatives requiring care given in the first two paragraphs of Article 54 of this Collective Agreement do not involve long periods and continuing care, they may request unpaid leave justification of such care.
In addition to the provisions of Article 50 of this Convention, and regardless of what is stated in the previous paragraph, will be entitled to unpaid leave cases of adoption or foster care nationally or internationally for the time necessary to carry out the administrative procedures as necessary. However, in cases of adoption or foster care license national shall not exceed 15 days and in international two months.
Article 52a. Furloughs for workers victims of gender violence.
The worker victim of gender violence, provided you have the legally recognized status, is entitled to leave without pay may be necessary to assist social services, police or health, subject to proof of their need.
Article 53. Leave of absence.
Workers with one year of service may apply for leave for a minimum period of four months and not exceeding five years, not counting the duration of this situation to no effect, and in no case can occur in fixed-term contracts.
Leave requests will be resolved by the company within a maximum period of one month.
The worker who does not request readmission before the end of his leave, cause deregistration in the company. To qualify for another voluntary leave, the employee must cover a new period of at least four years of effective service in the company.
When the workers who request readmission is conditional upon there is vacancy in their professional group; if there was no vacancy in the professional group and another in the lower, the surplus may either occupy the square with the salary corresponding to it until a vacancy occurs in their professional group or not re-enter until the vacancy occurs.
Similarly, in the event that a vacancy had not indefinite contractual arrangement, the worker may choose to join the same for the duration of this temporary, and without the exercise of this possibility detracts from the provisions of the above paragraph to fill a vacancy of indefinite contractual arrangement as soon as it occurs.
In any case, the company will be obliged to reply in writing to the request for reinstatement of the worker.
Article 54. Leave of absence for care of relatives.
Workers are entitled to a period of leave lasting no longer than three years for care of each child, both when it is in nature, such as adoption or foster care in cases, both permanent and pre-adoptive, counting from the date of birth or, where appropriate, judicial or administrative decision.
It also will be entitled to a period of leave, duration not exceeding three years, workers for care of a relative within the second degree of consanguinity or affinity, who for reasons of age, accident or illness can fend for himself, and not gainfully employed.
The leave of absence referred to in this paragraph, the period duration can be enjoyed fractionally, it constitutes an individual right of workers, men and women. However, if two or more employees of the same company this right for the same person, the employer may limit the simultaneous exercise for reasons justified operation of the company.
When a new subject would cause entitled to a new period of leave, the start of it will end that, if necessary, will come to enjoy.
The period in which the worker is on leave of absence as provided in this article will be computable for seniority and the employee is entitled to assistance to vocational training courses, whose participation shall be convened by the employer especially during reinstatement. During the first year you will have the right to keep your job. After this period, the reservation will be referred to a job in the same professional group.
Article 55. Special leave of absence.
Will lead to the situation of special leave staff appointment to public office, when their exercise is incompatible with the provision of services in the company. If discrepancies arise in this regard, it decides jurisdiction. The leave will be extended for the duration that determines the position and grant the right to occupy the same square as the worker performs such a situation occur, computing the time spent on it as an asset for all purposes. The reentry must be requested within the month following his leaving public office he occupied.
Article 56. Assistance
When due to illness the worker required medical office assisting in matching hours with their workday, companies granted without loss of pay, permission for the precise time necessary to effect the same to be justified the corresponding handwheel visa by the physician or duly accredited personnel whether or not Social Security. You are not entitled to the license referred to in this article when attending medical consultation occurs in a private center and the physician chosen by the worker ensures attention both in morning and afternoon.
Article 57. Regime of offenses and penalties.
Workers may be sanctioned by the management of companies according to the graduation of offenses and penalties established in the following articles.
Article 58. Graduation happy.
Every offense committed by a worker is classified, depending on their importance, significance and intention, mild, severe or very severe.
Article 59. Minor offenses.
The following are considered minor offenses:
1. Up to three unexcused absences of timeliness return to work, in a period of thirty days, provided that these delays no serious damage to the company resulting therefrom, in which case they qualify as serious misconduct.
2. Do not take timely corresponding downward when absent from work for cause, unless the impossibility of having made guilty.
3. Abandonment of service without reasonable cause, even if it is for a short time. If as a result thereof, subject to some consideration to the company is originase or cause of accident was his co-workers, this lack may be considered as serious or very serious, depending on the case.
4. Small oversights in the conservation of material.
5. Lack of hygiene and cleanliness, where such information that could affect the production process of the company.
6. Not serve the public with due diligence and correction.
7. Not inform the company changes residence or domicile.
8. Discussions of strangers to work within the premises of the company affairs. If such discussions occur notorious scandal, they may be regarded as serious or very serious misconduct.
9. Miss work one day a month without just cause.
10. Failure to comply with the obligations under Article 29 of Law 31/1995, of November 8, Prevention of Occupational Risks, always lacking serious threat to the physical integrity or health of workers transcendence.
11. The use of information technology owned enterprise (email, intranet, Internet, etc.) for purposes other than those related to the content of the work done, except to the provisions of Article 82.2.
12. Breaching the express prohibition on smoking in the workplace in spaces, areas or facilities where non-work activities are developed and / or production.
Article 60. Serious offenses.
The following are considered serious offenses:
1. More than three unexcused absences punctuality, over a period of thirty days.
2. Absences without cause for two days for a period of thirty days.
3. Not communicate with due punctuality experienced family changes that may affect Social Security. Malicious missing in these data is considered as very serious.
4. Surrendering games or distractions in work hours.
5. Disobedience to his superiors in any field of work or breach of internal rules when the worker has been previously informed of its existence and content. If imply brokenness manifest discipline or her derivase notorious harm to the company, it may be considered as very serious.
6. Simulate the presence of another worker, signing, or signing answering for him.
7. Negligence or carelessness at work affecting the smooth running of the service.
8. The imprudent act of work; if it involved risk of accident to the worker for his teammates or danger of damage to facilities, it may be considered as very serious.
9. Perform, without permit, private work during the day and use enterprise tools for their own use.
10. Drunkenness outside the line of duty, wearing the uniform of the company, provided that the uniform can be identified by the company.
11. Minor offense recidivism (excluding punctuality), albeit of a different nature, within a quarter and having mediated written communication.
12. Failure to comply with the obligations under Article 29 of Law 31/1995 of 8 November on Prevention of Occupational Hazards, when such failure origine serious risk to the safety and health of workers damage.
13. Breaching the express prohibition on smoking in the workplace in spaces, areas or premises where work activities are developed and / or production. In case of recurrence within 12 months, or when it poses a serious and imminent danger to security irrigation it will be considered as very serious.
Article 61. Very serious offenses.
The following are considered serious offenses:
1. More than ten unexcused absences ,, punctuality committed over a period of twenty six months or a year.
2. Absences without cause, for three or more days, for a period of thirty days.
3. Simulation of illness or accident.
4. Fraud, disloyalty or breach of trust in the mandated negotiations and the theft or robbery, both the company and coworkers or anyone else within the company premises or during work elsewhere.
5. Disappear, disable, destroy or cause damage to raw materials, equipment, tools, machinery, equipment, facilities, buildings, equipment and documents of the company.
6. The conviction for theft or embezzlement committed outside the company, or any other kind of facts that might imply for this distrust of the author, and in any case, more than six years' duration dictated by the Courts of Justice.
7. The continuous and usual lack of hygiene and cleanliness such as to produce justified complaints from coworkers.
8. Drunkenness and / or habitual addiction if adversely affects the work.
9. Violating the secrecy of correspondence or confidential company documents or reveal to strangers the same reservation required data elements.
10. Maltreatment of word or deed, abuse of authority or serious lack of respect and consideration bosses, peers, subordinates, relatives of any of them or the company, including those made using any means.
11. Cause serious accidents due to negligence or recklessness.
12. Leave work in positions of responsibility.
13. Voluntary and continuous decline in the normal performance of work, provided that it is motivated by the exercise of any right recognized by law.
14. The cause frequent quarrels and brawls with coworkers.
15. Recidivism of serious misconduct, albeit of a different nature, provided that it is committed within six months from the first have occurred and except as provided in Article 60.13 above.
16. Abuse of authority by the chiefs will always be considered as very serious. The one who suffers it shall immediately inform the Management Company.
17. The identifiable by the situation where any form of unwanted verbal, non-verbal or physical sexual harassment of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating environment is created, hostile , degrading, humiliating or offensive. In a case of sexual harassment, continuity will be protected in the workplace of the person subject matter.
18. Bullying (mobbing), defined as any abusive or psychological violence behavior that make prolonged over time on a person in the workplace, manifested through repeated behavior, facts, orders or words which are designed to discrediting, disregarding or isolate a worker in order to achieve a self-abandonment of work producing a progressive and ongoing harm the dignity or psychological integrity. It is considered an aggravating circumstance the fact that the person exercising harassment holds some form of hierarchical authority in the structure of the company on the person being harassed.
19. Harassment on grounds of racial or ethnic origin, sex, religion or belief, disability, age or sexual orientation employer or people working in the company.
20. Failure to comply with the obligations under Article 29 of Law 31/1995 of 8 November on Prevention of Occupational Risks, provided that such a breach serious and imminent danger to the safety and health of workers arising risk.
In the cases it referred to in Nos 18 and 19 above, companies that do not have approved a protocol for such situations will follow the provisions of Article 112 of this Collective Agreement.
Up to the company the power to impose sanctions in terms of the provisions of this Convention.
A) The penalty of mild and serious offenses motivated written communication require the worker and that of very serious offenses require processing file or summary proceedings to be heard in the affected worker in accordance with the procedure described below :
1. The management of the company will notify the affected employee in writing the facts that might have entered into with expression of potential infringed precepts.
2. It shall state the time available to the worker for the purposes of formulating the corresponding written statement or statement of releases in its defense which may not be less than three days in that letter.
3. Once the time limit for making claims has expired, the management of the company, valuing them being made, notify the worker in writing the resolution of the case stating, if applicable, the final grade of the offense committed as a minor, serious or very serious, the specific section of articles 59, 60 or 61 that is typified, as well as the sanction imposed and the date of effect of the latter. In no finding of sanctionable conduct it shall also notify in writing the worker the case closed.
4. Of all proceedings Company shall report to the representatives of workers while the affected itself, as well as union stewards who belonged to the worker when the data of the affiliation is known by the company.
In any case, the company will realize the workers' representatives in writing, while at the same affected, of any sanction imposed.
B) For the punishment of serious or very serious offenses committed by members of council, Staff Delegates or Stewards of Article 10 of the lols, contradictory file processing is required in accordance with the procedure laid down in Article 79.2.A) of this Collective Agreement.
Article 63. Maximum penalties.
The maximum penalties that may be imposed in each case, depending on the gravity of the offense, shall be:
A) fouls leves.-verbal reprimand, written reprimand, suspension without pay for up to two days.
B) faults graves.-Suspension of employment and salary from three to fifteen days.
C) faults very graves.-Since the suspension of employment and salary of sixteen to sixty days until the termination of the employment contract in cases where lack qualified out of a maximum degree.
Article 64. Prescription.
The ability of the company to sanction minor offenses prescribe for ten days, for serious infringements after twenty days and for very serious sixty days from the date on which it became aware of his commission, and in any case within six months of being committed.
Article 65. Graduation faults.
For the purposes of graduation faults shall not be taken into account those who have previously committed according to the following deadlines:
- Misdemeanors: 3 months.
- Misdemeanors: 6 months.
- Very serious offenses: 1 year.
Occupational safety and health
Article 66. Safety and Health.
The health protection of workers constitutes a basic and primary objective of the parties and believe that to achieve the establishment and planning of preventive action is required in the workplace and in companies that have finally eliminating or reducing the risks at source from its assessment by taking the necessary measures, both in correcting the situation as technical and organizational development of the company, to adapt the work to the person and protect their Health. With this objective not only the fulfillment of legal obligations and responsibilities of stakeholders within the company, but also promote a new culture of prevention that progress in the development of it in the area intended.
In all other matters affecting the prevention of health and safety of workers, shall apply the provisions of this Agreement and any applicable law at all times and in particular Law 31/1995 of 8 November Occupational Health and Safety, developed RD 171/2004, of January 30 and the RD 39/1997 on prevention services. Also it should be paid special attention to the provisions of RD 374/2001 on protection from risks related to chemical agents at work and related regulations in force.
To fulfill the right to effective protection the employer is obliged to ensure the safety and health of workers at your service in all aspects related to work. This obligation will be implemented through the adoption, by the company, the necessary measures regarding risk assessment, planning of preventive activity, information, consultation, participation and training of workers, acting in emergencies and serious and imminent risk, health monitoring and organizing a prevention service.
Also they understood as priorities the promotion and strengthening of organizational, training and information activities of prevencionista sign that enable staff to accommodate organizational changes that new technologies can bring preserving their physical, mental and social health, understood as the integral concept formulated by the World Health Organization.
To this end, both sides agree to address the application of the preceding paragraph, in line with the general criteria and declarations under that law, as well as the following:
1. General principles.
In accordance with Articles 15 and 16 of the Law on Prevention of Occupational Risks, companies apply the measures that make up the general duty of prevention, in accordance with the following general principles:
The risk prevention should be integrated into the overall management system of the company, in all its activities and in all hierarchical levels, through the development and implementation of a risk prevention plan labor. The plan of prevention of occupational risks must include the organizational structure, responsibilities, functions, practices, procedures, processes and resources needed to perform the action risk prevention in the company, under the terms established by regulation .
Assess those who can not be avoided.
Combating risks at source.
Adapt work to the individual, particularly in regard to the status of jobs, and the choice of equipment and methods of work and production, with a view in particular to mitigate monotonous and repetitive work and reduce its effects on health.
Take into account technical developments.
Replace the dangerous by involving little or no danger.
Plan prevention, seeking a coherent whole that integrates covers technology, organization of work, working conditions, social relationships and the influence of environmental factors at work.
Adopt measures that put collective protection to individual
Giving appropriate instructions to workers.
1.1 shall be considered as reference values for the evaluation and control of the risks inherent to occupational exposure to chemicals as regulated by Royal Decree 374/2001, of 6 April, on the protection of the health and safety of workers from the risks related to chemical agents at work, the limit values of environmental exposure and biological developed by the INSHT, Ministry of Labour, in the document "Occupational exposure limits for chemicals in Spain 'annually updated and publishes latter body.
1.2 log periodic exposure data to the methodology and periodicity established Prevention Plan will take in every workplace, and for each homogeneous area. The sampling results will be made available to the workers' representatives.
1.3 All work in which, after completion measurements contained in the preceding article, the level of risk is serious, he will have an exceptional and temporary basis, must in all cases set a specific deadline, for the disappearance of this character, without reporting any damage to the employment status of the worker. This necessarily entail the absolute prohibition of overtime and any schedule changes involving increased risk exposure, above the normal work cycles previously established.
1.4 Risks to the health of workers will be prevented by avoiding: 1st his generation; 2nd issue, and 3rd transmission, and ultimately only means of personal protection will be used against them. In any case, the latter will be exceptional and temporary measure until possible reversal of the generation, transmission and transfer of risk.
1.5 Any extension or modification of the production process involving the incorporation of new technologies, changing methods or procedures of work or the addition or substitution of chemicals used, should respect the principle of improving the health and worker safety.
When new technology is implemented protection techniques such technology will also bring added ancillary
risk factors arising from work organization and management will be taken into consideration preventive purpose as provided in Article 4.7 of the LPRL.
In light of this and in compliance with the Law on Prevention of occupational risks, psychosocial risks have to be assessed and, if necessary, subject to preventive intervention, being prevented and combated at source and the remaining risks.
1.7 All accident, occupational disease or other damage to the health of workers, derived from work, peremptorily force to take all necessary measures to avoid recurrence of such damage.
Corrective and technical reports that as a result of these accidents or occupational diseases are referred to the company by persons or bodies responsible for the activity of protection and prevention measures of the company, as well as the competent bodies for prevention of health and safety of workers, will be provided by the same members of the Health and Safety Committee within a maximum period of 10 days of receipt. In case of fatal accidents at work Prevention Delegates of the company, as well as a maximum of one representative appointed by each of the Unions of signatories of the Convention industry will participate in the Research Committee to be formed for this purpose.
1.8 Whenever there is exposure to a serious and imminent health worker derivative job and working conditions risk, may appeal to the Prevention Service and the Health and Safety Committee urgently. These propose appropriate measures until the risk disappears.
When workers are or may be exposed to serious and imminent risk during work will proceed in accordance with Article 21 of the LPRL.
The companies will study and put in place systems that provide a faster and more effective assistance for people who work alone, once considered the likely risks because they may be subjected. These should take into account the deadlines for first aid and assistance defined by current legislation or, failing that, by methods or technical criteria in accordance with the provisions of Article 5.3 of Royal Decree 39/1997; and they will try to minimize risks by establishing the most appropriate means of control and assistance.
1.9 In the event that did not exist a certain manufacturing standards and means reglamentasen the level of demand in the prevention of risks to subsidiary companies with foreign parent, they are obliged to maintain the same levels and means at its country of origin, guaranteed in any case of national minimum standards.
In any startup company or any new process is implemented in existing, if there is no legislation that would regulate a requirement level in risk prevention, they draw up a safety project and its mandatory evaluation of risks, appropriate legal purposes. Such project shall be communicated to the workers' representatives to issue report.
1.10 In appropriate cases be taken into account, on hours, provided for in Article 23 of Royal Decree 1561/95 of 21 September concerning the limitations of time of exposure.
also in cases where there is toxicity, drudgery or danger, will tend first disposal and, if not possible, to reduce such circumstances.
2. Prevention management.
In compliance with the duty of prevention of occupational hazards, the employer shall, after consultation with representatives of workers, one or more workers to carry out such activity shall constitute a prevention service or arrange such service with an external specialized entity the company, all in accordance with Article 30 of the Law on Prevention of Occupational Risks.
Prevention services should be able to provide both the Health and Safety Committee and the company advice and support required depending on the types of risk in existing therein as concretized in Article 31.1 of the Law on prevention of occupational hazards.
As provided for in Article 32a of the Law on Prevention of Occupational Hazards and 22 bis of the Rules of Prevention Services, the presence in the workplace of preventive resources, whatever the form of organization of these resources you will be required in the following cases:
A) When hazards can be aggravated or modified in the development process or activity, by the concurrence of several operations carried out successively or simultaneously and make precise control of the correct application of the methods of work.
B) When activities or processes considered hazardous or special risks and defined in Article 22a of the Rules of Prevention Services are performed.
C) When the need for such presence is required by the Inspectorate of Labour and Social Security, if the circumstances so require due to working conditions detected.
3. Prevention Delegates.
Prevention Representatives shall be elected from among the staff of the workplace, by workers' representatives in accordance with the scale established in Article 35 of the Act, except section 50 to 100 workers in which the number of safety representatives shall be three. In the workplace of up to thirty workers the Chief of Staff will be the Managing Director of Prevention and in workplaces where the number of workers ranging between thirty and one forty-nine there will be a Delegate of Prevention to be elected by and between staff representatives. In any case, in this stretch and during the term of this collective agreement, the workers' representatives may maintain designations Prevention Delegates made so far between the staffing.
3.2 As regards its powers and responsibilities will be as provided in Article 36 of Law 31/95.
It shall apply to the Prevention Representatives provided for in Article 37 of the Prevention Law 31/95, in their capacity as representatives of the workers. They may use union hours for the development of its activity as such. When staff delegates or works council designated as Prevention Delegates workers without union representation template, its decision behave the same time the transfer of union hours necessary for such workers to perform their function.
Notwithstanding the above, will be considered in any case as effective working time, without charge to credit hours, corresponding to the meetings of the Health and Safety Committee and any other meetings convened by the employer in risk prevention, as well as the intended visits referred to in points a) and c) of paragraph 2 of Article 36 of Law 31/1995 of November 9th.
In addition, the employer must provide safety delegates and media training in preventive matters that are necessary for the exercise of their functions and to be determined in each company according to the specific characteristics of production in relation to occupational safety and health. The training should be provided by the employer by their own means or through concert with organizations or public or private entities specialized in the field and must adapt to the evolution of risks and the emergence of new, periodically repeated if necessary. Prevention Delegates must prove their attendance to the training activities carried out in this regard and the time spent on it will be considered as effective working time to all effects and cost may not fall under any circumstance represent them.
4. Committee on Safety and Health.
4.1 centers fifty or more workers a Committee on Safety and Health, which will be formed, as provided for in Article 38 of the Law for the Prevention Representatives, a party will be established, and by the employer and / or their representatives in equal number to the Prevention representatives of the other.
Participate with voice but no vote at meetings of the Health and Safety Committee: the Stewards, the technicians responsible for 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 consultants, together with prevention experts outside the company, if so requested by one of the representatives in the committee and without the assistance of these involve any expenditure for the company, unless otherwise agreed. The meeting will be at least quarterly and whenever requested by any of the representations in it. The Committee shall adopt its own rules of operation.
In companies with multiple work centers with Health and Safety Committee may agree with their workers the creation of an Inter Health and Safety Committee with the functions attributed to it by the agreement.
As for the powers and authorities of the Health and Safety Committee shall apply Article 39 of the Law on Prevention of Occupational Risks.
4.2 The employer, in order to comply with the duty of protection established in the Law of reference, shall take appropriate that workers receive all the necessary information concerning the following paragraphs under Article 18 paragraph 1 and measures .
companies with fewer than 50 employees, the company will meet at least quarterly with the prevention delegate to address issues related to safety and occupational health, allowing the participation of trade union advisers who meet the requirements of Article 76.1 of this Collective Agreement, and the terms and conditions of the letter c) of that provision
Prevention services advise the Health and Safety Committee on its own initiative or when requested by it, presenting the reports written.
4.5 Companies shall provide members of the Health and Safety Committee, at least fifteen days prior to implantation, the ratio of applicable protocols for each job or activity, depending on the risks inherent therein.
5. Occupational Health and Safety, Security and Protection.
In these matters will be governed by the provisions of Articles 14, 15 and 16 of the Law on Prevention of Occupational Risks which are given by reproduced in full.
In order to achieve integration of preventive activity, the Management Company, technically advised by the Prevention Services, draw up:
A) A plan of prevention of occupational risks: The risk prevention plan will be the document on which all preventive action is articulate, understanding that ensuring the integration of prevention is not the document itself, but management and actual implementation in the company.
B) The initial assessment of the risks to safety and health of workers at the workplace: The employer shall make an initial assessment of the risks to the safety and health of workers, taking into account, in the overall, the nature of the activity, the characteristics of existing jobs and workers required to perform them. Same assessment should be made on the occasion of the choice of work equipment, the chemical substances or preparations and conditioning workplaces. The initial assessment will take into account those other actions to be carried out in accordance with the provisions of the regulations on protection of specific risks and particularly dangerous activities. The evaluation will be updated when conditions change and, in any case, be submitted for consideration and shall, if necessary, during the health damage that occurred.
If the results of the evaluation provided for in the preceding paragraph put clear risk, the employer will perform the preventive activities necessary to eliminate or reduce and control such risks. These activities will be planning for the employer, including preventive activity for each period to carry it out, the appointment of managers and human resources and materials necessary for execution.
C) Planning of preventive activity.
D) Periodically, the memory of the general plan and annual programs will be developed.
The organizations signing this agreement to its affiliates shall encourage attendance at training courses on this subject.
In accordance with Article 29 of the Law on Prevention of occupational risks, corresponds to each worker to ensure, according to their means and through compliance with prevention measures in each case are adopted, for their own safety and health work and that of those other people who may affect their professional activity because of their acts and omissions at work in accordance with their training, the employer's instructions and the provisions of the Health and Safety Committee.
The Management Company will realize all the representatives of the workers and the Joint Health and Safety Committee, within a maximum period of 6 months from the publication of the Convention in the Official Gazette, in order that the Committee to draw up a white paper sector in this area.
6. Coordination of business activities.
6.1 Pursuant to art. 24 of the Law on Occupational Health and Safety, developed by Royal Decree 171/2004 and business coordination obligations established in the prevention, management of the company in whose workplaces develop their workers from other companies activity, ie ancillary businesses, services, contractors and subcontractors, will hold a regular monitoring of the implementation of these workers safety and health related to the activity carried out by presenting the balance of this monitoring in the Committee on safety and health the company with the same frequency as that of the staff of the company itself.
For the purposes of the provisions in the preceding paragraph and ensure proper monitoring of the enforcement of occupational risk prevention, competing companies in the same workplace, after consultation with the Health and Safety Committee they must necessarily go to any of the means of coordination set out in Article 11 of Royal Decree 171/2004 of 30 January, by which Article 24 of Law 31/1995 on prevention of occupational risks is developed.
6.2 In those workplaces that have more than 200 permanent employees, when the nature of the work carried out particularly complex or dangerous and the number of workers from other ancillary businesses, service contracts and subcontracts, exceed during more than three months of a 30% relative to the total workforce of the parent company, period is declared as a means of coordination for compliance with Article 24 of the Law on Prevention of Occupational Risks and its implementing regulations by Royal Decree 171/2004, the creation of a Health and Safety Committee Intercontratas.
This Health and Safety Committee Intercontratas have a maximum of 12 members of which 6 are appointed by and between representatives of the directorates of competing companies and the other six, by the most representative trade union federations that organize workers of these companies among the delegates Prevention them. The Safety Committee and Intercontratas Health will meet quarterly with the Committee on Safety and Health of the parent company in order to assess the compliance of safety and health, limiting its functions to analyze common problems to all workers who perform activity in the area of the main company and propose measures that they deem appropriate. The meeting will be chaired by the chairman of the Safety and Health of the main company.
monitor occupational safety and health with the relevant information to the Committee on Occupational Safety and Health, own workers performing their activities outside the workplace will also be undertaken.
7. Health surveillance.
7.1 The employer shall ensure workers to service regular monitoring of their health status based on the risks inherent in the work, under the terms provided in Article 22 of the Law on Prevention of Occupational Risks.
Surveillance may only be carried out when the worker consents, prior information of medical tests to be performed and the purpose thereof. This voluntary only be exempted on the report of the representatives of workers, assumptions referred to that Article 22 of the LPRL. This circumstance does not inhibit the need to inform employees, prior to conducting the medical examination, in the terms defined above character.
In any case, you should opt for performing such examinations or tests that cause as little inconvenience to the worker and proportionate to the risk.
7.2 The information collected as a result of this monitoring, as provided for in the law, always respect the right to privacy and dignity of the worker and the confidentiality of all information related to their status Health. Access to personal health information will be limited to medical personnel and health authorities to carry out surveillance of workers' health, but may be provided to the employer or others without the express consent of the worker. In the event of breach of this obligation is demonstrated, the Health and Safety Committee shall be entitled to request the immediate cessation of the person responsible, reserving the right direction to carry out the appropriate legal action.
The monitoring results to the preceding paragraph shall be communicated to the affected workers.
Notwithstanding the foregoing, the employer and the persons or bodies with responsibilities in prevention will be informed of the findings resulting from the surveys regarding the worker's fitness for the job performance or the need to introduce or improve measures for protection and prevention, so that they can properly perform their functions in prevention.
The data relating to the health surveillance of workers they may not be used for discriminatory purposes or to the detriment of the worker.
7.3 Medical examinations. Medical examinations that are made should be specific, appropriate and proportionate to the occupational hazards present in the places and workplaces and raw materials or additives to be handled in each workplace. These surveys are conducted at least once a year.
Those workers and groups of workers for their personal characteristics, conditions of increased exposure to risks or other circumstances have heightened vulnerability to it, they will be monitored particularly in line with legal requirements.
Mutual: The company address written notice to the Prevention Representatives, examining the Health and Safety Committee, at a meeting called for that purpose, with a minimum of 15 days, the changes can produced in the decision to transfer the management of common to them in order that they can issue the report, which is not binding contingencies Mutual election as well. Also, on an annual basis, the management of the company shall provide the information necessary Prevention Delegates to the Committee on Safety and Health to evaluate the management of the mutual.
company address also inform the prevention delegates with character prior to any contractual changes affecting developing activities come Mutual in his capacity as external prevention service and which may affect other external prevention services, own or joint.
8. Programs, budgets and controls.
The Health and Safety Committee will be informed about the annual programs for the protection of the health of workers and the amount of budget for implementation. Then issue opinions and opinion about it in the terms established in the Law on Prevention of Occupational Risks.
9. Technology and work organization.
The Health and Safety Committee will be informed and consulted on the terms of this Agreement and current legislation regarding all decisions relating to technology and work organization that have an impact on physical and mental health worker, prior to its implementation character.
10. Maternity protection.
The employer shall take the necessary measures to prevent exposure of workers who are pregnant, have recently given birth or during breastfeeding period to the risks identified in the assessment referred to in Article 16 of Law 31/1995 which may affect the health of workers, the fetus or infant, through an adaptation of the conditions or the working time of the worker concerned, under the terms provided in Article 26 of the said Act and in accordance with which likewise take into account possible limitations in performing night work shifts.
In the risk assessment suitability for pregnant women or contemplate during the period of breastfeeding of posts, schedule status and working conditions, provided that there prescription.
11. Joint Health and Safety at Work Committee and the Environment.
The parties agree to establish a joint working committee that will govern their actions through the following standards:
1st Its composition will be equal and consist of four members representing each of the parties.
2nd will be assisted by advisers appointed by each of the parties.
3.º It may obtain the necessary information to serve their own purposes by organizations and companies in the chemical industry.
hold regular meetings, semi-annual basis, rising minutes of the contents thereof.
You can issue reports at the request of the parties regarding the problems and issues raised by the correct and proper treatment of health and safety at work in the chemical industry and its impact to the outside of the sector itself and public opinion.
This Committee will ensure priority objectives and target to achieve in the field of business adequate working conditions and environment to enable proper compliance with this chapter, focusing primarily on:
- Hazardous substances, control according to the criteria of the Convention and its replacement by other similar but not dangerous.
- Tracking accidents and occupational diseases.
- Substituting technology changes forms and dangerous workplaces.
- In order to enhance preventive action for the health of workers and aware of the need for joint action in this regard, specific training plans will be developed in the field of Occupational Health and Safety, launching and developing such plans may require for this purpose, services by firms Provincial Health and Safety at Work and signatory organizations.
- Analysis and possible recommendations on methods for conducting risk assessments.
- Propose training plans grouped Safety and Health oriented workers in general, representatives of workers, Prevention Delegates and representatives of the Directorate.
- Study the experience of application of this chapter in companies in the sector and develop a manual of good practices in matters of safety, health and environment.
- Monitoring at sectoral level of European chemicals policy and the implementation of the REACH system.
- The Joint Committee on Safety and Health at Work and Environment will address so within the period of 9 months from the signing of this Agreement a technical study on the possible mechanisms of coordination of activities among companies affected by the same and to develop their activities sharing the same workplace and / or production facilities, with special attention to the advantages from the point of view of prevention of occupational hazards, could offer in these situations the establishment of a Safety Committee Health and Interempresas. The agreements that can be reached in this matter to the Negotiating Commission, where appropriate, be included in the text of this Collective Agreement during its term will rise.
Article 67. Acting in defense and protection of the environment.
The parties to this Agreement consider it necessary for companies to act responsibly and respectful with the environment, with great attention to their defense and protection according to the interests and concerns of the Company.
Mobilization capacities (technical, economic, professional, etc.) that may result adaptation processes derive positive effects not only for human and environmental health, but also for technological innovation and competitiveness sector. As a contribution to this, it is necessary to consider a consistent defense industry, employment and working conditions, by business and labor organizations.
For this purpose, the whole chemical sector should adopt a permanent, visible and responsible attitude on Environment and at the same time, ensure that the effort is developing the industry in this field, which is made in the future, and their results are known and appropriately valued by the company and the competent authorities.
It is considered essential for these purposes carry out activities aimed at achieving the following objectives:
- To promote and achieve responsible performance of companies in the field of Environment, specifying measures to be taken.
- Establish qualitative and quantitative improvement targets in order to make visible their regard, progress is achieved.
- Demonstrate society responsible behavior of enterprises, individually and collectively, by employing techniques means good environmental management and communication of results.
- Improve the credibility of the industry and increase the trust of society and government through demonstrations and concrete facts.
- To achieve these targets companies with more than 100 workers affected by this Agreement may develop an Environmental Management System appropriate to any of the Spanish, European or international standards of quality certification of the system. Delegates Environment Article 68 shall be informed prior character on that system. Of all the issues covered in this article shall report to the legal representation of workers in the Health and Safety Committee, within which develop their functions and powers Delegates Environment Art. 68.
Environmental issues will be integrated into training programs aimed at the Delegates of Environment as well as other delegates prevention and also all workers.
Article 68. Delegates of the Environment.
Each union which it is the most representative at the state level may designate in workplaces where it has presence in unit bodies representing workers a delegate of Environment among the Prevention Representatives, whose functions and competencies are:
1. Collaborate with the company address in improving environmental action within the framework of the general principles defined in this article.
2. Promote and encourage cooperation of workers in compliance with environmental regulations.
3. Should perform monitoring on compliance with environmental regulations and environmental policies and objectives that the company established.
4. Receive information on the implementation of new technologies that could be derived environmental risks, as well as on the development of environmental management systems.
5. Receive copy documentation company that it is bound to provide the public administration with regard to emissions, discharges, waste generation, water use and energy and prevention of major accidents.
6. The company propose the adoption of measures to reduce environmental risks and improve environmental management.
7. Collaborate in the design and development of training activities in areas relating to environmental obligations of the company.
The appointment of these delegates will be made by the Environment Act signed by the relevant Trade Unions, who must notify the latter both the company and the Joint Commission provided for in Article 90 of this Collective Agreement.
Companies designate a responsible dialogue with the delegate of the environment among its representatives in the Health and Safety Committee.
Article 69. Corporate Social Responsibility.
The signatories of this Collective Agreement understand that it is positive that companies have voluntary commitments to the balanced integration of the principles relating to economic growth, environmental protection and social equity.
In this area of corporate social responsibility understood as all those actions and initiatives that occur in the economic, labor, social or environmental field, taken voluntarily by companies in the sense of those that go beyond the falls mere compliance with the obligations under the law, this Agreement or any other agreements or regulations.
Initiatives on corporate social responsibility that decide to implement the companies come guided by transparency as a condition of its credibility and consideration of its entire value chain.
Carried out actions or initiatives of corporate social responsibility in the workplace should be informed periodically of them and their development to representatives of workers, indicating their possible impact on working conditions.
Article 70. "Responsible Care" program.
In order to continuously improve the performance of the activities of the chemical industry on Safety, Health Protection and Environment, according to the principles of Sustainable Development and beyond compliance with current legislation and the provisions of this Convention, the parties undertake to promote and assist in the adherence of companies to the international Programme of Chemical Industry "Responsible Care" and achieving the intended objectives with this voluntary, public and active initiative chemical companies.
Article 71. Commissary.
The companies affected by this Agreement employing more than 500 workers in the same locality will be obliged to maintain a work commissary in accordance with the provisions of Decree 21 March 1958, the Ministerial Order of June 12, 1958 that develops, Royal Decree 1883/1978, of July 26, and Royal Decree 762/1979, of April 4, laying down provisions relating to labor commissaries are updated.
Companies not required to maintain labor commissaries, under the provisions of the preceding paragraph, should try to be grouped with others of the same population to form a collective or alternatively request the inclusion of their workers to other stores or cooperatives consumer legally established radicantes in place.
Article 72. Company Eaters.
As for dining rooms for staff, companies agree with the representatives of workers, the regime to be adjusted in compliance with existing provisions for staff canteens.
Canteens in companies that are obliged to provide such service in accordance with current laws, should gather sufficient living conditions, sanitation, ventilation, hygiene and provide adequate accommodation to workers using such a service on each shift .
The company also provide the service of the utensils and necessary, and material and human resources for its proper functioning.
The companies provide you with free mandatory staff who need it for their work, the following working clothes:
- Technical: Two coats per year.
- Worker Personal: Two monkeys or divers a year.
In industries that manufacture or handle acids or other corrosive substances shall be determined, together with representatives of workers, adequate funding in quantity and quality, which has to provide members of different professional groups, for better protection against these agents.
Also be mandatory for companies to provide clothing and footwear impervious to personnel who have continued to perform work outdoors in frequent rain regime, and those who had to act in markedly flooded or muddy places.
Trade union rights
Article 74th) Of the representatives of workers.
Shall mean workers' representatives to committees or Staff Delegates and the Stewards of the Union Section Company, which shall have the powers, rights and duties outlined for them by the Organic Law on Freedom of Association, Statute of Workers and the Collective Agreement itself.
The intervention as partners to management of the company in all consultations procedures provided by law or this Collective Agreement shall correspond to the unions when they so agree, provided that join the majority of council members or between staff delegates.
Article 74.b) of the unions.
The parties by these provisions confirm once again its status as valid interlocutors, and is also recognized as such, in order to implement their organizations through a rational labor relations, based on mutual respect and aimed at facilitating the resolution of any conflicts and problems arouse our social dynamics.
Unions are basic and inherent elements to address them through the necessary relationships between workers and employers. All this without detriment to the powers conferred by the Act and developed in these agreements, representatives of workers. shall be null and void Regulatory provisions, clauses in collective agreements, individual agreements, and unilateral decisions by the employer that contain or involve any discrimination in employment or working conditions, whether favorable or adverse, on grounds accession or not a union, its agreements or the general exercise of trade union activities.
1. Workers belonging to a union may, within the scope of the company or workplace:
A) To establish trade union branches, in accordance with the provisions of the Staff Union.
B) Hold meetings, after notifying the employer, collecting fees and distributing union information, outside working hours without disturbing the normal activity of the Company.
C) Receive information to provide your union. When the worker has affiliate email the company for the performance of their duties, may receive such information in this way, in any case must always be a rational use.
2. The Union Sections of the most representative trade unions and with representation on the council or have with staff representatives, shall have the following rights:
A) In order to facilitate the dissemination of alerts that may be of interest to union members and workers in general, the Company will make available a bulletin board that should be in the workplace and instead where ensure adequate access to the workers.
B) A collective bargaining, under the terms established in specific legislation.
C) The use of suitable premises in which to develop their activities in companies or workplaces with more than 100 workers.
Article 76. Of the union office.
1. Who hold elective offices at the provincial or regional level, where there is no previous, regional or state level, in the most representative trade unions are entitled:
A) the enjoyment of unpaid leave required for the development of his office, and can be set by agreement union functions appropriate to the enjoyment of the same in terms of the needs of the production process limitations.
B) the active status, entitled to reserve the job and the calculation of seniority for the duration of the exercise of its representative office, having to reinstate his job within one month of the date of termination.
C) assistance and access to workplaces to participate in their own union or workers of all activities, whether meetings or meetings with the unions, the Committee or workers, or meetings discussion or negotiation with the management of the company, after notifying the employer and without the exercise of that right may disrupt the normal development of the production process.
2. Union representatives involved in the negotiating committees and joint committees or joint negotiations of Collective Agreement maintaining its relationship as active worker in any company shall be entitled to the grant of paid leave that are necessary for the proper performance of their work as negotiators, provided that the Company is affected by the negotiations.
Article 77. Stewards.
Without prejudice to the provisions of Article 78 shall govern the following:
1. Of the Stewards: In companies or, where appropriate, in workplaces employing more than 150 workers, whatever the type of contract, the unions that may be established by workers affiliated to the unions with presence in the Works Councils they will be represented, for all purposes, by union delegates elected from among its members in the Company or in the workplace.
The number of union delegates from each union section of the unions who have obtained 10 100 votes in the election of members of the council, it shall be determined according to the following scale:
150 to 750 workers: One
From 751 to 2000 workers: Two.
From 2001 to 5000 workers: Three.
From 5001 onwards: Four.
The Trade Unions Sections of those who have not obtained 10 100 votes in the election thereof, will be represented by a single union delegate.
In accordance with the provisions above, the Union legally constituted, it shall communicate in writing to the Management Company the person or persons who exercise the functions typical of Steward.
The Stewards of companies whose workforce exceeds 150 employees and not more than 250, have all the rights inherent to their condition, but will have only the "union hours" that are assigned to them as a result of the use and administration union of the annual bag in Article 80. also, they will be elected by each union among its members in the company and the procedure each union has established. His appointment shall be notified to the Management Company by the relevant Trade Union Federation.
2. Functions of the Stewards: represent and defend the interests of the union he represents, and members of the same in the Company, and serve as an instrument of communication between the central or union and the management of the respective companies.
3. Attend meetings of the Councils and of the internal organs of the Company safety and hygiene, with voice but no vote.
4. You have access to the same information and documents that the Company must make available to the Works Council in accordance with regulated through the Law, being bound by professional secrecy in matters where legally appropriate. They possess the same guarantees and recognized by the law, collective agreements, etc., to the Works Councils rights.
5. They will be heard by the Company in the treatment of those collective character issues affecting workers in general and members of the Union.
6. They will also be informed and heard by the Company in advance:
A) About the dismissals and sanctions affecting members of the Union.
B) In terms of workforce restructuring, employment regulation, magazine transfer of workers when collective or general work center character and especially business project or action that may substantially affect the interests of workers.
C) The introduction or revision of systems of work organization and any of its possible consequences.
7. Regarding meetings, in terms of procedure is concerned, both parties will adjust their behavior to the current legislation.
8. Delegates gird their tasks to carry out trade union functions that are proper.
9. The union delegate, for the purpose of the accumulation of union hours, will be considered a member of the Works Council. In this sense, only you entitled to accumulate those hours on those members of the works council belonging to the same trade union federation.
10. Companies will be announced to the Stewards and members of the council, the TC1 and TC2.
Article 78. Stewards Intercentros / Interempresas.
In companies with several workplaces or industrial groups that Article 82.4 of this Collective Agreement totaling more than 100 workers, unions signatories of this Convention, which in turn enjoy more status refers representative, may appoint each of them, from among its members in the company and the procedures that each union has established a Intercentros Steward or Steward Interempresas, as appropriate. His appointment shall be notified to the Management Company by the relevant Trade Union Federation.
The Steward Intercentros or Interempresas whose function is to be informed and heard by the Company in the treatment of issues than the workplace level. For the exercise of their functions will be accessible workplaces prior notification to the employer.
The Steward Intercentros or union hours Interempresas be used for the development of its activity as such, as long as they will be provided by representatives of workers.
In cases where appropriate designation Interempresas Steward shall not delegate the appointment of Intercentros Association.
Article 79. Councils and Stewards of Article 10 of the Organic Law on Freedom of Association (lols).
1. Without prejudice to the rights and powers granted by the law, the Councils and Stewards of Article 10 of the Organic Law on Freedom of Association (lols) the following functions are recognized:
A) To be informed by the Management Company:
1. Quarterly on the general development of the economic sector in which the Company, on business developments and the situation of the production and sales of the Company on its production program and probable development of employment in the company as well as about forecasts the employer on the conclusion of new contracts, indicating the number of these and the procedures and types of contracts to be used, including part-time contracts, the realization of complementary by workers employed part-time hours and of the cases of outsourcing.
2. Annually, learn and have available:
A) The balance sheet, income statement, memory and, in the event that the Company take the form of joint stock company or shares of such documents are disclosed to members.
B) The balance of implementation and monitoring of the commitments made by companies that have signed a formula of corporate social responsibility.
3. Prior to execution by the Company on restructuring template, full or partial, definitive or temporary closures and reductions in days, of the total or partial transfer of business facilities character and plans of Vocational Training Company .
4. Depending on the matter in question:
A) The introduction or revision of systems of work organization and any of its possible consequences, time studies, establishing systems of bonuses or incentives and job assessment.
B) merger, takeover or change of the legal status of the company where this would any incident affecting the volume of employment.
C) The employer shall provide the Works Council and the Stewards of Article 10 of the LOLS the model or models of contract work normally use, the Committee being entitled to make any claims to the Company and, case the competent labor authority.
D) With regard to statistics on the rate of absenteeism and its causes, accidents and occupational diseases and their consequences, accident rates, the movement of separations and income and promotion.
5. In accordance with the provisions of the current Article 42 of the Statute of Workers, without prejudice to the provisions of Articles 16 and 82.7 of this Collective Agreement, when the company concluded a contract for works or services with a contractor or subcontractor inform workers' representatives on the following:
A) name or company name, address and tax identification number of the contractor or subcontractor.
B) Purpose and duration of the contract.
C) Place of performance of the contract.
D) If applicable, number of workers who will be employed by contract or subcontract in the workplace of the chemical company.
E) Measures envisaged for coordination of activities from the point of view of prevention of occupational hazards.
F) Collective Agreement applicable employees of contractors or subcontractors.
When the main companies, contractor or subcontractor continuously share the same workplace, the first must have a log book in which the above information on all listed companies reflected. The book will be available to the legal representatives of the workers.
6. Also you are entitled to receive information, at least annually on the application in the company's right to equal treatment and opportunities for women and men, among which data on the proportion of women and men will be included in the different professional levels and, where appropriate, on the measures they had been adopted to promote equality between women and men in the company and an equality plan on the implementation of it being established.
B) Exert monitoring work on the following subjects:
A) Compliance with current regulations on labor and social security issues and respect of covenants, conditions or uses of the Company in force, formulating, if necessary, appropriate legal action against the Company and the agencies or courts.
B) The quality of teaching and the effectiveness of it in training centers and training of the Company.
C) Respect for the principle of equal treatment and opportunities for men and women in the company, as well as the implementation and execution of measures and equality plans.
C) To participate, as it is determined by regulation, in the management of social projects established in the Company for the benefit of workers or their families.
D) Collaborate with the company management to achieve compliance few measures to maintain and increase productivity in the company.
E) Representatives of workers, individually and jointly, they observe professional secrecy in all matters relating to paragraphs 1 and 3 A) of this article, even after ceasing to belong to the representative bodies and especially in all those matters on which the Directorate expressly stated the reserved character.
F) The works council and the Stewards of Article 10 of the LOLS ensure not only because in the process of recruitment the Paccionada regulations are met, but also by the principles of non-discrimination, gender equality and promotion a rational employment policy.
A) No member of the council, Chief of Staff or Steward of Article 10 of the LOLS may be fired or punished for exercising their functions and within the year following its termination, unless it occurs by revocation or resignation, and if the dismissal or sanction based on the performance of the worker in the exercise of their legal representation. If the dismissal or any other sanction for alleged serious or very serious obey other causes must be dealt contradictory file, which will be heard apart from the person concerned, the Works Council or other staff delegates and the delegate of the union to which he belongs, He is assuming that Hallam recognized as such in the Company.
The contradictory record will consist of the following actions whose development is carried out with the utmost diligence:
The contradictory record will start with the written notification of the statement of objections to the representative that will be investigated, the remaining members of the representation of workers and the union delegate of the union to which belonged, initiation and opening thereof by the company.
2.º company address shall appoint an instructor in the same statement of objections. The position of instructor should be conducted by people suitable for this role.
3rd phase investigation by the instructor within 15 working days of the notification of the statement of objections to expedientado also include:
A) The preparation by the expedientado of a statement of releases within 15 days stated.
B) The hearing to the representatives of workers and union stewards who belonged to the victim.
Throughout the research phase of the facts, all those involved in the file may provide few arguments and evidence deemed relevant in defense of their rights within the said period of 15 days, being able to extend the same for exceptional reasons at the request the affected.
4th After the research phase, will proceed written by the instructor of the results thereof to the affected, representatives of notification workers and union delegates union to which belonged the expedientado. This notice will contain specific mention of the actions taken by instructor, the facts that the opening of the file is based, and policy infringements found against the affected and the expected penalty.
The final decision of the employer shall be communicated in writing to the employee within a maximum period of 10 working days from receipt of the findings of the instructor.
In the event of dismissal of legal representatives of workers, the option always correspond to them, being forced reinstatement if the employee opts for it.
Priority will possess spent in the company or workplace, for other workers, in cases of suspension or termination for technical or economic reasons.
B) They may not be discriminated against in their economic or professional promotion for cause or because of the performance of their representation.
C) may exercise freedom of expression within the Company's own representation materials may publish or distribute without disturbing the normal development of the productive process, those publications work or social interest, communicating all prior to the Company and exercising such tasks according to current legislation to that effect.
D) Notwithstanding the provisions of Article 80 shall have the credit of monthly hours paid that the law determines. May, at company level, collect a monthly basis the hours of individual members of the Committee and Staff Delegates and Delegates of Article 10 of the lols, in one or more of its components, without exceeding the total maximum determined by law and can be relieved or removed from the work without prejudice to their remuneration. In any case, this fact must be communicated to the Company with a minimum of 48 hours must be made by predetermined period of time.
E) without exceeding the legal maximum, may be consumed the paid hours available to the committee members or staff delegates and delegates Article 10 of the LOLS to provide assistance to these training courses organized by their unions, training institutions and other entities.
Article 80. Accumulation and management of union hours.
The credit corresponding to the members of the committees, staff delegates and union delegates, paid hours will be accumulated on an annual basis, prior notification to the company by the trade union organizations whose applications have been submitted or on behalf of which act in unions.
The management of such a bag of hours correspond to the unions, after an assignment signed by the individual holders of those rights.
The Union, or on behalf of the corresponding union section, notify the company quarterly forecast use of this time by members of the Committee, Staff Delegates, Stewards and Stewards called for Intercentros referred to in Article 78 of this Agreement. In any case, the use of accumulated hours according to the criteria set forth herein must be known by the company within the same period the provisions of paragraph D) of Article 79.2 of this Agreement.
Article 81. Union Dues.
At the request of the unions, businesses deducted in monthly payroll of workers with written authorization thereof, the amount of the union dues to be paid into the bank account designated by the Union.
The Management Company shall deliver a copy of the transfer to union representation, if any.
Article 82. Other Trade Union Rights.
With regard to information rights that the law grants workers' representatives, is established as a general rule that companies provide in the last quarter of each year to the most representative unions and signatories of this Collective Agreement the these require data relating to: number of employees on its payroll, nature and duration of contracts and employment forecasts for 12 months from the date of issuance of such data. Unions communicate to the Business Organization FEIQUE the list of companies to which they have required the information referred to above for information and effects. In any case, companies are only required to provide a global response concerning the requested data.
82.2 Use of New Information Technologies.
The electronic media and business communication, such as e-mail, the intranet and the Internet, which is made available to workers should be employed for purposes related to the activity of the company and the performance of job functions.
As such resources related to employment companies can I have over these management measures, management and control are accurate, always respecting the privacy rights of workers, based on the power steering recognized in the Article 20 of the Statute of Workers.
Notwithstanding the above, in order to facilitate information rights are legally recognized representatives of the workers, the following rights are recognized:
A) The Company Committees or staff delegates and Union Sections of the most representative trade unions at the state level and have recognized the rights of Article 10 of the LOLS provide, in workplaces that have developed an Intranet or other similar or alternative computer system, a page in that Intranet for publication of information in trade union appeal to the center.
B) Members of Works Councils, Staff Delegates or Stewards (in this case both Article 8 and 10 of the lols) can make use of email to communicate with each other or with their union federations, as well as the company address.
C) The communications committees or delegates Personnel want done simultaneously to all employees or groups of employees because of their union activity is conducted through the Intranet of the workplace in the space provided the effects or, in the absence thereof, by using "Public Folders" or similar system that will enable computer networks in the workplace, accessible to all workers who have computer.
82.3 unionized Management Convention.
To make the preference of unionized application of the Convention under Article 1 and the union bargaining indicated in art. 8.2.b) of the LOLS, the Union Sections of the unions signed the Convention, when jointly bearing the majority of staff representatives or members of the committees, they may be established jointly in trade union body for dialogue with the company to the implementation of the Convention, in proportion to the composition of the company composition, ensuring in any case the presence of at least one representative of each of these unions.
In any of the above situations will ensure that no duplication occurs in the management of the implementation of the Convention.
union Dialogue in Industrial Groups.
In the industrial groups affected in their entirety by this collective agreement with management unit, dialogue with management thereof will be made by the Unions of the most representative unions.
For these purposes, it shall mean Industrial Group integrated by companies and centers, constituted as such from the point of commercial and managed under the principle of management unit legally, are affected by the General Convention Industry chemical and develop their activities in any of the sectors or subsectors defined in Article 1st of this Convention.
82.5 European Works Councils and European Company.
Companies or groups of Community-scale undertakings having their central management in Spain lay down the conditions and means necessary for the establishment of a European Works Council or, where appropriate, an alternative procedure for information and consultation when so I applied by 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 in this final rule.
For the purposes of interpreting the terms 'company or group of companies Community dimension' and 'central management' Article 3 of the Law 10/1997 is subject to the provisions.
On the other hand, companies affected by this Convention shall provide the necessary means for workers' representatives appointed in EWCs may hold a preparatory meeting prior regarding their participation in the annual meeting of the works council European with the central management.
This preparatory meeting will be held between representatives of the workers designated in the European Works Council who will attend the annual meeting and said up to another representative of workers in each workplace that is in national territory, to be appointed by representatives of the centers.
As for the involvement of employees in the European Company (SE) will have to go to Law 31/2006 on the involvement of employees in this company and is applicable to SEs with, or they are to be in accordance with the draft constitution, domiciled in Spain and all its workplaces and subsidiaries, as well as the companies participating in the process of incorporation of the SE and its subsidiaries and establishments in question, regardless the member State in which they are located.
82.6 Anti-union practices.
When, in the opinion of any of the parties, it is understood that, in accordance with the provisions of Articles 12 and 13 of the Organic Law on Freedom of Association, acts that could be described as anti-union occur, it may seek protection of rights before the competent court, through the process of judicial protection of fundamental rights of the person.
82.7 Representatives of workers and employees of contractors.
Workers of contractors and subcontractors, they do not have legal representation, entitled to make the representatives of the workers of the main company issues the conditions of implementation of labor activity, while share workplace and lacking representation.
The provisions of the preceding paragraph shall not apply to claims of the worker from the company on which it depends.
The legal representatives of the workers of the main company and contractors and subcontractors, they share continuously workplace, they may meet for the purpose of coordination between them and in relation to the conditions of implementation of labor activity under the terms provided in Article 81 of the Statute of Workers and 66.5 of this Collective Agreement.
Article 83. Training for Employment.
The signatories of this Convention, considered the Vocational Training for Employment as a strategic element that allows to combine increased competitiveness and productivity of enterprises, to provide workers with adequate knowledge and skills required to practice part of a lifelong learning process.
Therefore express their willingness to harness and develop the most of the current legislation at all times by adjusting forecasts such legislation to the singularities of Chemical Industry, and understand that all businesses have a responsibility to encourage and facilitate their workers with proper eligibility criteria and universa character formation. at all times,
They also undertake to promote the professional skills acquired by workers through training both processes and work experience, are subject to accreditation.
For this purpose an area of joint action between the classification commissions and training of this collective agreement with the Institute of relevant qualifications in the process of defining the Catalogue of Qualifications and its contents should be established.
Article 84. Training activities.
A) Training scheduled by companies:
1. In general, companies can organize training courses free of charge, under the terms and according to the procedure laid down in the current legislation at all times, aimed at the acquisition and improvement of skills and professional qualifications as well as the promotion and professional development workers and improving the competitiveness of enterprises.
The principle of equal treatment and opportunities in addition to training workers with greater difficulty of access thereto shall be ensured. Under this, the training may include positive action regarding access to training of workers belonging to certain groups (among others, young people, immigrants, the disabled, low-skilled workers and temporary workers, victims of domestic violence over 45 years).
2. Companies take the necessary steps to ensure use of credit for training available annually based on the provisions of the current legislation in order to obtain appropriate professional development of workers and improve the competitiveness of enterprises.
In this regard, they shall inform the representatives of employees on credit available for training and, if not schedule any training activity by such credit report, upon request of the representatives of the workers, of the reasons that decision in the last quarter of each year.
3. In the event that the company waives schedule training activities under the said fund, the workers' representatives may propose training activities must always be related to the productive activity of the company; These actions may include in the Business Plan and, in any event, participation of workers in the same will take place outside working hours. If rejected the proposals of the representatives of the workers by the company, the latter shall briefly explain the reasons for such refusal.
4. The training activities planned by companies respond to real, immediate and specific training needs of those and their workers. These actions will be developed with the necessary flexibility in its content and the time of delivery to meet the training needs of the company agile and adjust the skills of their workers to changing requirements.
5. These actions will keep close relationship with the national catalog of professional qualifications and corresponding modular catalog, as well as sectoral plans or sub-sector training.
B) Training for workers employed:
1. The company will allow, when the production needs and the organization of work permits, conducting the training activities, at no cost to her, to approve the competent public authorities for the sector of the chemical industry.
2. In order to enable sectoral accreditation of the training and / or experience, the worker who requests receive a diploma as the model for development of the Joint Sectoral Committee.
3. Companies at the request of the worker or their representatives, provide documentation and reports required for the latter to carry out the application for recognition of professional skills acquired through work experience, as established by Royal Decree 1224/2009 of July 17 or regulations that develop, for the worker carry out the request.
4. Training activities developed in companies must be subject to information legal representation of workers in the terms and according to the procedure laid down in Article 15 of Royal Decree 395/2007 of 23 March. Under that Article the company shall provide at least the following information:
Name and description of the actions and objectives are to develop.
Target groups and number of participants by shares.
Schedule of implementation.
Selection criteria for participants.
Place expected delivery of the training.
Balance of actions developed in the previous year.
The workers' representatives must issue a report within 15 days from receipt of the documents indicated above.
Should any discrepancies arise regarding the content of the training plan, within 15 days shall be observed in order to clarify the discrepancies between the company and workers' representatives.
When training developed in the company were financed, in accordance with Royal Decree 395/2007 of 23 March, the subsystem of vocational training for employment is regulated, the execution of the training and corresponding bonus can only be initiated once they have total elapsed times indicated above. Also the training may be initiated within 15 days after receipt by the legal representation of the workers of the documentation referred to above, without such legal representation of workers issued the report.
In case of disagreement, the discrepancies by the relevant joint committee will be examined in order to mediate over them.
In the application of this Article shall take into account other issues provided for in Article 15 of Royal Decree 395/2007 of 23 March, the subsystem of vocational training for employment is regulated.
C) Dual Training:
The training alternating with employment shall consist of the training contract for training and learning or public employment and training programs and aims to enable the worker to combine training with professional practice in the job.
Article 85. Joint Sectoral Training Committee.
A Sector Joint Training Committee formed by a minimum of four representatives of trade unions and as many FEIQUE, which will aim to participate in the development of training schemes designed to bring professional knowledge of workers be established new technologies, and provide vocational training.
The functions of the Joint Committee all the existing labor law recognize the Sectorial Joint Commissions, plus the following:
A) Perform itself through specialized entities, projective character studies to the needs of labor in the Chemical Sector and their qualifications.
B) Propose and participate in the development of training activities in its various forms and levels, either with programs that can be taught in training centers Company or in the future may be established, and through programs developed by national or international competent bodies.
C) Collaborate, according to their own possibilities, or through specialized bodies in the diagnosis and design of specific training programs in companies, taking into account the specifications and specific needs, as well as generic or individual characteristics of workers affected.
D) Coordinate and follow the development of training students in practices that is received by the Companies under the agreements signed at sectoral level or companies.
E) Intervening in the event of a disagreement concerning information to employee representatives on the training and its effects on recruitment.
F) continuously evaluate all the actions undertaken in order to revise the guidelines, promote new activities and update the definition of the objectives of vocational training.
G) Promote an agreement with the competent authority, in order to enable the best conditions students access to professional practices in corporate training.
H) All duties in compliance with the agreement in the Convention, as assigned by the Joint Commission.
I) Develop, in conjunction with the Committee on Professional Qualification, professional and appropriate sectoral map proposals concerning the qualifications catalog, as well as sectoral and subsectoral program contracts.
J) Preparation, in conjunction with the Professional Qualification Commission, sectoral training modules.
K) To study adaptation, together with the Technical Committee of Professional Qualification of professional qualifications of the National Catalogue of Professional Qualifications to the classification of the Convention.
L) Review for possible validation, together with the Technical Committee of Professional Classification, sectorally professional to introduce or review in the National Catalogue of Professional Qualifications qualifications. Propose the inclusion or exclusion in the catalog of those qualifications deemed appropriate.
M) To study procedures and measures to facilitate the development of training in companies with fewer than 100 workers.
Article 86. Joint Training Commission.
As a tool for monitoring and participation of workers' representatives in workplaces that have 100 or more employees, a Joint Commission of Education will be established, whose members shall be appointed by and between representatives of workers, and company. In all cases this commission will be part of the union delegates of the unions represented in the works council.
Its functions are:
- Analyze annually the development of the training and propose improvement lines, specifying the type and duration of training to carry out actions and analyzing obstacles and problems that in the past have hindered them. Regarding the above, it may agree to develop measures to ensure the best efficiency and implementation of the training.
- Be informed of applications for individual training permits made in the workplace, as well as the decisions taken concerning them and, where appropriate, of the reasons for dismissal.
- Be informed of dual training students in performing practices in the workplace, as well as tutors awarded.
- Be informed of students doing vocational training practices in the workplace, as well as performing other labor practices conducted under collaboration agreements with universities or other institutions.
For those companies having more than one workplace, and the sum of the workforce of them reach 100 or more workers, they should inform the training activities carried out, if they were required to do so, the most representative union federations at the state level of this Collective Agreement.
Article 87. Training Plan in the company.
All those workplaces that have 250 or more people in the workforce will be obliged to implement a training plan that being directly related to the productive activities of the same, provide the best performance of work tasks, the continuing professional development and contribute to improving productivity. To this end, the Training Plan will promote specific programs to facilitate the professional development based on industrial objectives of the company and the interests of forming groups of workers / as most in need, also will include procedures and specific guarantees for that the participation of women in training actions is at least proportional to the percentage represented on the group to which they are addressed different training activities.
The drafting of the Training Plan shall be in accordance with the following:
- In the fourth quarter of each year, the company shall, and shall report to the Joint Committee on Education, a diagnosis of training needs which must be linked to the production needs of the company, its possible shortcomings or failure in knowledge and professional skills of their staff or changes in their work processes or product portfolio.
- The recommendations of this diagnosis, provide the basis for the joint development by the representation of workers and the management of the company's Annual Training Plan. In any case, in the absence of agreement, the company will prepare the Annual Training Plan which, despite its enforceability shall be submitted to mediation and arbitration under Articles 98 and following of this Collective Agreement.
- The Plan will contain, along with the minimum information listed in Article 84 b) 4, the following elements: modes of delivery (classroom, distance, distance learning, mixed), duration specifying in each action if developed or not within working hours.
- Representatives of workers have the ability to propose to the Directorate reasoned, programs and / or specific training measures manner. In the event that management does not consider the inclusion of these actions should also justify its refusal in a reasoned way.
Companies having more than one work center and the sum of these workers reach 250 or more workers, provided that in addition at least three such centers exceed 50 workers will be affected by the provisions of the first paragraph of this article. However, in these cases the elaboration of the Training Plan will correspond to the company although the latter, upon request by the union federations most representative at the state level, inform them in writing both the diagnosis of training as Plan training elaborate. Union Federations will issue a report stating their opinions and suggestions, and may propose training activities under the terms provided in the preceding paragraph.
Article 88. Formation of workers with fixed-term contract.
Pursuant to the provisions of art. 15.7, second paragraph, of the Statute of Workers in every enterprise employing workers with fixed-term contracts, their participation will be implemented in the training plans of the company to improve their qualifications and facilitating their progression and professional mobility. To make sense of this training, the development of content and activity forecasts template as well as the composition of this in the various contractual arrangements will be considered.
Article 89. Individual Training.
Workers affected by this Agreement may apply to individual training leave under the terms determined by Royal Decree 395/2007 of 23 March, the subsystem of vocational training for employment is regulated and standards that can replace or develop, in order to facilitate the formation recognized by an official certificate, including the corresponding diplomas and certificates of professionalism that constitute the training offered by the National Catalogue of professional qualifications, in order to promote the professional development and staff workers seeking to improve their personal and professional training, without costs for businesses they serve. The refusal of issuance of the permit by the company must be motivated by organizational or production reasons, inform the worker and representatives of workers in the company.
For the companies all means be put to workers who request access to this type of individual permit. Specifically they made available to workers who require an application form.
Also in accordance with Article 12.3 of RD 395/2007, of 23 March, these permissions may be used for access to the processes of recognition, evaluation and accreditation of skills acquired through work experience or other formal or informal learning.
Article 90. Joint Commission.
Both negotiating parties agree to establish a Joint Commission as a body of interpretation, conciliation and collective monitoring compliance with this Convention.
Article 91. Composition.
The Joint Commission is composed of equal numbers of eight people representing the signatory trade union organizations and eight representatives of the business organization signer, who, among them, choose one or two persons performing secretarial work.
The Commission may use occasional or permanent advisory services in all other matters are within their competence. These advisors will be freely appointed by each of the parties.
It will be official address of the Joint Commission for queries or requests for mediation, either the union or business member organizations, ie:
FEIQUE: C / Hermosilla, No. 31, 1st ext. Right., 28001. Madrid
CC.OO Industry: C / Ramirez de Arellano, No. 19, Madrid 28043.
FITAG-UGT: Avda de America, No. 25, 2nd floor, Madrid 28002.
Article 92. Structure.
The Joint Commission agreed, it will centrality for the whole country. According to the nature of the cases submitted to it, the central Joint Commission may delegate to decentralized joint committees located in Catalonia, Basque Country, Valencia, Madrid and Andalusia, as well as in those geographical areas where sufficient labor and business structure exists to develop mediation and implementation in these areas.
Notwithstanding that, when the topics bearing on the interpretation of the agreement will only be competent the Central Joint Commission.
Article 93. Procedure.
The matters submitted to the Joint Commission shall take the ordinary or extraordinary character. They awarded such qualification FITAG-UGT, CC.OO of Industry or FEIQUE.
In the first case, the Joint Commission shall decide within fifteen days, and the second, in maximum of seventy-two hours.
Will proceed to convene the Joint Commission, indifferently, either party within it.
During the three months following the entry into force of this Collective Agreement, and in accordance with the requirements regarding difficulties and timetable for action arising from the diverse territorial structure FEIQUE, CC.OO Industry FITAG-UGT and decentralized commissions constitute referred to in the preceding article, which will be applicable in order of performance the procedure in the preceding paragraphs.
Article 94. Functions.
Are specific functions of the Joint Commission the following:
1. Interpretation of the Convention. Such an interpretation is extended to the covenants of accession, development and articulation of the Convention in order to ensure the absence of contradictions between them and the Convention itself, when the following guidelines exist query for that purpose and taking into account, inter alia:
1.1 When any part of the Joint Commission receives an application for action shall transmit to the other parts of it, so that each of them may obtain the information it deems necessary.
1.2 Resolution of the Joint Commission will be held in all cases based on the issues raised by the requesting party, also taking into account the additional documents received and own assessments that the Joint Commission, or the delegation appointed by it, perform in situ. A relevant effects, all these documents will be filed by the Joint Commission and shall constitute part of the order for this. The Joint Commission shall, to the parties affected by each query, the adopted resolution.
1.3 The agreements of the Joint Commission to interpret the Convention shall have the same value as the text of it in accordance with the provisions of Article 91.4 of the Statute of Workers. In any case affected (business / workers) by the decision may appeal to the competent court in defense of their interests.
2. Mediate or arbitrate in the treatment and resolution of any issues and conflicts of a collective nature may arise in the scope of this Collective Agreement in accordance with the procedures laid down in Articles 98 and following it.
In this regard, the Joint Commission will coordinate its action with the mechanisms of Mediation, Conciliation and Arbitration of the existing autonomous framework or can be put into operation in the future.
3. Collective monitoring compliance with the agreement.
4. Understood in terms of consultation and / or mediation, prior and mandatory administrative and judicial process on the filing of collective disputes arising in companies affected by this Agreement by the application or interpretation thereof derived form.
5. Powers of adaptation or, where appropriate, amend this Collective Agreement, it being necessary in this case constitute the Joint Negotiating Committee Commission.
6. Procedures for effectively resolve discrepancies that may arise for the non-application of working conditions that Article 82.3 of the Statute of Workers refers to be established specifically in Article 35 of this Collective Agreement.
7. The discrepancies that may arise within the Joint Committee regarding any of the powers mentioned above shall be submitted by the signatory parties to mediation and arbitration regulated by the Agreement on Autonomous Labour Dispute Settlement (ASAC) in force in each moment. These procedures will be developed in accordance with the regulations and rules of procedure of SIMA. Both parties undertake not to appoint mediators to persons who are or have been part of the Joint Commission or Negotiator of this Collective Agreement.
8. He shall be furnished to the Joint Commission periodic reports by the signatory parties of this Agreement those which may accede to the General Convention of Chemical Industry, as follows:
8.1 Analysis of the economic and social situation specifying the matters concerning market policy and employment, vocational training, investment, technological upgrading, overall levels of sales and foreign markets, level of productivity, competitiveness and profitability of various subsectors of Chemical Industry, as well as immediate and medium-term forecasts prepared by FEIQUE annually.
8.2 Report on the progress of the Collective Agreement, difficulties encountered, at the enterprise level and proposed overcoming them. It will be prepared by the unions and federations FEIQUE annually.
8.3 Be informed of work, suggestions and studies by the Joint Health and Safety Committee on Labour and the Environment.
8.4 Analysis of quarterly employment trends in the various sub-sectors affected by the Convention, may attend the meetings representatives of the subsectors concerned.
8.5 Review and monitoring of Regulations and European Directives that affect the industrial development of enterprises and sectors of the chemical industry.
9. Promote annually, sectoral or sub-sectoral level, conferences, seminars, meetings, etc., on the issue of Chemical Industry.
10. Make the necessary arrangements with the central or regional government, in order to obtain aid enabling greater dejudicialization of collective disputes.
Of achieved these objectives the relevant Joint Commission included in the text of the Convention the relevant procedure.
11. Drawing up the list of mediators and arbitrators to exercise as such in disputes arising in the Chemical Industry in accordance with the procedure laid down in ASAC.
12. Constitute a Delegate Registration Environment in order to record the minutes of appointment of the latter as may be notified under the provisions of Article 68 of this Collective Agreement. The Joint Commission may be provided with operating regulations for this purpose.
Dispute settlement procedures
Article 95. Scope.
The scope of this Agreement is the entire national territory and forces companies and linked to the General Convention of Chemical Industry Workers.
Article 96. Conflicts undergoing this procedure.
1. This Agreement governs the procedures for the settlement of disputes between employers and workers or their respective representative organizations of Chemical Industry.
2. Left out of this Agreement:
- Conflicts that deal with Social Security.
- Those entered into by the State, Autonomous Community, Provincial Councils, Town Councils or dependent on them having prohibited transaction or compromise organizations.
Article 97. Collective Disputes.
1. They are likely to undergo voluntary settlement procedures disputes covered by this Title, those disputes or labor disputes comprising a plurality of workers, or where the interpretation, the divergence, affecting superpersonal or collective interests.
2. For the purposes of this Title also have the character of collective disputes those nonetheless promoted by an individual worker, your solution is extensible or generalizable to a group of workers.
Article 98. Organs
Mediation, Arbitration and Procedures.
Specific Mediation and Arbitration organs established within it the Central Joint Commission will be fully integrated into the Interconfederal Service Mediation and Arbitration.
Court procedures for resolving conflicts are:
A) Mediation: Mediation is defined as the intervention of an impartial, individually or collegially third, to promote the settlement of a dispute that affects the different social discrepancies parts of a particular employment relationship.
B) Arbitration: Arbitration is understood by the mandate given by the parties in conflict to a third party individual or referee, to resolve their disputes being its binding opinion on the parties and having value of collective agreement, as long as the subject liabilities arbitration possessed enough to arrange it in accordance with the law legitimacy.
Arbitrations may be urged by both parties by mutual agreement or at the request of one of the parties to the conflict in the assessed in this Collective Agreement in Articles 99 and 100 following assumptions.
The mediation and arbitration procedures to be followed by businesses and workers affected by this collective agreement are, depending on the nature and origin of the conflict, which expressed below.
Article 99. Conflicts of interpretation and application of the collective agreement in the company.
A) Mediation: In individual conflicts of interpretation and application of the collective agreement the procedure will be voluntary.
When the conflict in interpretation and application of the Convention journal collective nature, mediation is mandatory in all cases must necessarily precede the corresponding judicial action.
In any case, the Joint Commission will intervene in limine, in those conflicts of interpretation and application of the Convention have been submitted to it in accordance with the principles and procedures set forth in the Convention, such as those referred to in articles 28.5 and 35 of this Collective Agreement.
In both previous cases (individual conflict / collective dispute) mediation may be requested by mutual agreement or upon request to the central or decentralized Joint Commission having tried at least within one month of the conflict settlement within the framework which it originated and is said Joint Commission who directly exercise the role of mediation by appointing mediators purpose.
The request for mediation addressed to the Central or decentralized Joint Commission on matters at issue in the conflict as well as the proposals of the requesting party or both shall be indicated.
The decentralized Mixed Commission for the conflict area, or, if established, the central Joint Commission, examine the question and its possible mediation intervention.
If decentralized understand the Central Joint Commission or its mediating action proceeding shall exercise such function by appointing a Commission of Mediation, which act by consensus, composed of one representative of each of the two signatory unions and two of the business representation.
The members of the Mediation Committee appointed by their organizations may expressly delegate their mediating role in one of its components. Such Mediation Commission will be integrated in the SIMA and act in accordance with the procedural rules set out in the ASAC and its implementing regulation. In those geographical areas where it had formed a joint decentralized Commission, the Commission of Mediation can also be integrated or delegate its functions in the body mediation and corresponding regional arbitration provided their regulatory rules allow and in which case it shall act in accordance to the latter . This decision must have the consent of the Central Joint Commission.
If no agreement in the mediation process occur, the Mediation Commission will make a final proposal that necessarily shall record in the final act, together with the position and / or proposals that each of the parties want to express. The proposed solutions offered by the mediator to the parties may be freely accepted or rejected by it. If accepted, the compromise achieved will have the same effectiveness agreed in the Collective Agreement.
The reference to SIMA conflict referred to in this paragraph is made under Article 4.2 c) of the ASAC, which is reproduced here.
B) Arbitration: In the event that mediation ended without agreement, either party can follow the administrative and judicial process for resolution of the conflict, or, by common agreement, to urge the Commission designated Mediation the Joint Commission for resolution through arbitration in deciding this last based on what happened in the mediation process if it meets the arbitration directly or proceed to appoint referees for the purpose.
Also regarding conflicts of interpretation and application of the Convention concerning occupational classification, vacation, work schedule or organizational issues when they involve modification of the content of the work done, such as hours, shifts, etc., assuming that mediation ended without agreement, either party may pursue administrative or judicial means for their solution, or urge the mediation committee appointed by the Joint Commission to resolve it in via arbitration is deciding last based on what occurred in the mediation process if it meets the arbitration directly or proceed to appoint referees for the purpose.
Article 100. Conflicts of interpretation and application of the implementation agreements Collective Agreement.
A) Mediation: In conflicts of interpretation and application of the agreements implementing the collective agreement, the procedure will start addressing the decentralized Joint Commission, central or which is only competent to consider that no contradiction occurs between I agreed at company level and the sectoral agreement. For mediation in conflicts arising in relation to the contents of such agreements on unresolved in the sectoral Convention issues, the Joint Commission will forward the mediation to the regional mediation and arbitration as long as the activity of the company exceeds unsaid field regional, transferring, otherwise, the mediation at SIMA, to be governed in such cases the mediation procedure by the rules established by the regulations of these agencies alternative dispute resolution.
For the mediation of those conflicts arising in relation to the contents of the aforementioned agreements on issues itself resolved by the Collective Agreement or the Joint Commission on application and interpretation of it, proceed as indicated in the letter a) Article 99 above.
Individual issues that do not have collective significance will also be transferred from the Joint Commission to autonomous bodies, provided that the rules of the latter provides for such possibility of intervention in individual conflicts.
B) Arbitration: In the event that mediation ended without agreement, either party can follow the administrative and judicial process for resolution of the conflict, or, by common agreement, to urge the SIMA or agency mediation and corresponding regional arbitration for resolution by arbitration in accordance with the procedure and rules established by the regulations of these agencies alternative dispute resolution.
In addition, when the conflict in interpretation and application of the covenant of application of the Collective Agreement were on job classification, will always be submitted for prior intervention of the Joint Commission in the process of consultation and / or mediation.
Article 101. Conflicts referred to in Article 4 of the ASAC, when the conflict be on issues not addressed in the collective agreement or pacts application.
In this case the party seeking the procedure will address the Joint Commission, which will refer directly to the procedures and rules of court settlement of disputes regulated in the ASAC or regional body that correspond to the area of conflict.
Article 102. Costs of mediations and arbitrations.
The costs arising all mediation and arbitration procedures regulated in the preceding articles shall be subject to the rule of SIMA or regional body concerned. In the case of others not covered by the above bodies or by the normal functioning of the Joint Commission, each of the parties affected by such proceedings shall bear its expenses related expenses occur.
Article 103. Joint Committee.
For the purposes of the provisions of this Chapter, the Joint Commission shall have the powers and responsibilities already mentioned and mainly within the following:
A) approve operating regulations.
B) Establish the list of mediators and arbitrators.
C) Promote the use of these procedures as a means for dialogue and negotiated settlement of labor disputes.
D) To disseminate the content herein agreed between workers and employers.
E) analyze the results of these procedures based on studies and reports prepared by the Secretariat of the Commission.
Article 104. Equal treatment and opportunities.
The signatories of the Convention, both union and business, understand that it is necessary to establish a general regulatory framework for intervention at the sectoral level to ensure that the fundamental right to equal treatment and opportunities in companies is real and effective. Therefore, and bearing in mind the role of the chemical industry as a sector committed and progress in developing equality policies agree to the following general sectoral objectives:
A) Establish guidelines for the preparation, structure and procedure of equality plans in order to achieve optimal management of human resources to prevent discrimination and equality can offer real opportunities, relying on a permanent resource to social dialogue.
B) Attributing the Sectorial Commission for Equality skills listed in Article 110 of this Convention to the effect that can work effectively on equal treatment and opportunities at work.
Article 105. Equality plans.
Companies are required to respect equality of treatment and opportunities in the workplace and, to this end, shall take measures to avoid any kind of employment discrimination between men and women, measures to be negotiated, and their if agreed, representatives of workers in the manner set forth in the labor legislation.
In companies with more than 250 employees, have one or more workplaces, equality measures to the preceding paragraph should be addressed to the development and implementation of an equality plan.
The companies also develop and implement an equality plan, prior negotiation or consultation, where appropriate, with the legal representation of workers when the labor authority has agreed in a disciplinary procedure replacing the accessory penalties for the development and implementation of that plan, in the terms set in the agreement indicated.
The development and implementation of equality plans will be voluntary for other companies, after consultation with legal representation of workers.
Regulated For the purposes of this Convention regarding equality plans and diagnostics of situation should be taken into account as stated in Article 5 of Law 3/2007, which states shall not constitute discrimination in access to employment, including the necessary training, a difference of treatment based on a characteristic related to sex when, due to the nature of the particular occupational activities or the context in which they are carried out, such a characteristic constitutes a genuine occupational requirement and determining, as long as the objective is legitimate and the requirement is proportionate.
Similarly, the Organic Law 3/2007 must always be interpreted in terms of reasonableness considering templates companies are the product of a natural settling time obeying a history connected with the labor market itself and employment and less historical participation of women in production tasks. Of all cases of employment discrimination does not necessarily stem as possible differences regarding gender quantification of the template may be in some way caused by the above reasons. This does not preclude the future business decisions accommodate the terms provided in the Act so that business decisions not only do not favor discrimination but instead seek and facilitate the full incorporation of women to all tasks or existing jobs in the structures of chemical companies.
To this end, this Convention then collected a set of guidelines and rules regarding equality plans and diagnoses of situation that may continue to companies with more than 250 workers included within its scope, and whose purpose is to facilitate the latter the application and implementation of the Organic Law 3/2007.
Article 106. Concept of equality plans.
Equality plans of companies are ordering a set of measures, adopted after a diagnosis of the situation, aimed at achieving in the company equal treatment and opportunities for women and men and eliminate discrimination on grounds of sex .
Equality plans will set specific goals to achieve equality, strategies and practices to be adopted to achieve them, and the establishment of effective monitoring and evaluation of the objectives set.
Article 107. Diagnosis of the situation.
Before setting equality objectives be achieved if any, companies will conduct a diagnosis of the situation whose purpose will be to obtain disaggregated by sex with regard to working conditions data, and with particular reference to matters such as access to employment, training, classification and career development, remuneration and management of the day, the reconciliation of work, family and personal life conditions, etc. All this in order to ascertain if any, the existence of situations of unequal treatment or opportunities for men and women without an objective and reasonable, or situations of discrimination justification on grounds of sex involving the need to set such targets.
Of all businesses will realize writing to the representatives of workers, they may issue the corresponding report if deemed appropriate.
The situation analysis should provide disaggregated by sex regarding, among others, with some of the following questions data:
A) organizational chart of the Company.
B) Distribution of staff in relation to age, seniority, department, hierarchical level, professional groups and training level.
C) Distribution of staff in relation to types of contracts.
D) Distribution of staff in relation to professional groups and salaries.
E) Distribution of staff in relation to management of the day, annual working hours, shift arrangements and measures to reconcile work and family life.
F) Distribution of staff regarding union representation.
G) Income and separations produced in the last year specifying professional group, age and type of contract.
H) specifying levels of absenteeism causes and specifying which permissions, or other disabilities.
I) leave of absence last year and motives.
J) Promotions last year specifying professional group and positions to which has been promoted and promotions linked to geographical mobility.
K) Hours of training last year and type of training activities.
L) Number of complaints (except anonymous) produced in the last year for harassment and resolution procedure.
Also be diagnosed: Criteria and information channels and / or communication used in the processes of selection, training and promotion methods used for the description of professional profiles and jobs, language and content offers employment and application forms for participation in selection processes, training and promotion.
Article 108. Objectives of the Equality Plans.
Once the diagnosis of the situation may be established specific objectives to achieve based on the data obtained and which may include the establishment of positive measures such as those outlined in Article 18 of this Agreement on those issues in which establishes the existence of situations of inequality between women and men lacking objective justification, as well as the establishment of general measures for the effective implementation of the principle of equal treatment and non-discrimination.
These objectives, which include strategies and practices to achieve them, they will preferably aimed at the areas of access to employment, training, classification and career development, remuneration conditions and working hours, reconciling family life, etc., and , among others, may include:
A) To promote recruitment and promotion processes that avoid equal vertical and horizontal segregation and the use of sexist language. This is being made to ensure procedures transparent selection for entry into the company through the drafting and dissemination non-discriminatory job offers and the establishment of objective evidence and appropriate to the requirements of the position offered, exclusively related to the assessment of skills and individual capacities.
B) To promote the inclusion of women in posts involving control and / or responsibility.
C) Establish specific programs for selection / promotion of women in positions where they are underrepresented, under the terms established in Chapter II of this Collective Agreement.
D) To review the incidence of atypical forms of contracts (part-time and temporary employment arrangements) in the group of workers with regard to workers and take corrective measures if greater impact on these of such forms of recruitment.
E) Ensure equal access of men and women to training company both internally and externally, in order to ensure the continued employment of women, developing their educational level and their adaptability to the requirements of employment demand.
F) specific to women in training courses for positions that have traditionally been occupied by men Information.
G) Carrying out specific courses on equal opportunities with particular emphasis on groups with responsibilities in recruitment, training and promotion.
H) Review ons that make up the salary to ensure they are not locking discrimination on women workers.
I) promote processes and set deadlines for correcting any existing wage gap between men and women.
J) To achieve greater and better reconciliation of work and family life for men and women through awareness campaigns, dissemination of existing permits and legal absence, etc.
K) Establish measures to detect and correct potential risks to the health of workers, especially pregnant women, as well as action against possible cases of moral, sexual and gender harassment or other discriminatory behavior. In the latter situations of harassment companies that do not have approved a protocol for such situations will follow the provisions of Article 111 of this Collective Agreement.
L) To disseminate and expand the rights and guarantees for victims of gender violence.
M) Establish measures to ensure implementation of the gender perspective to risk assessment and preventive activity of the company.
Article 109. Competence of Enterprises and the representatives of the workers in the development of equality plans and transitional arrangements.
Business competition will make the diagnosis of situation. The documentation appears from this diagnosis will be facilitated in order to inform workers' representatives.
Once the diagnosis of situation, companies affected by these provisions should negotiate with the workers' representatives the corresponding equality plan without prejudging the outcome of the negotiation since both the content of the plan as measures to be taken if any will always depend on prior diagnosis and have been identified in the company situations of unequal treatment. In the event of discrepancies they occur and revistieran nature of conflict in accordance with the provisions of the law, be competent organs of mediation and arbitration of the Joint Commission in accordance with the procedures laid down in Articles 99 and following of this Convention.
Agreed Once the Plan shall receive a signed the Joint Sectoral Committee for Equal Opportunities copy.
Once implemented the plan of equality in the company to the workers' representatives shall be informed annually on its evolution, unless the plan establish a lower frequency, the latter shall issue a report if they so deem it appropriate. If circumstances that prevented the full implementation of the equality plan, company and workers' representatives shall establish the necessary corrective measures to achieve the objectives set out therein is detected.
The companies will have a term coinciding with the term of this Collective Agreement for the purpose of implementing the provisions of the previous articles about diagnostics status and equality plans.
Article 110. "Equality in the company".
If the company applied the "Equality in the company" must be delivered to the representatives of the workers copy of the request and accompanying documentation so that they can issue a report regarding measures, plans and programs based on the request is made.
De issued the report, the company will join the documentation for the application to register the mark.
The workers' representatives will be informed by the company regarding the administrative decision to resolve the application as well as its effect, extensions, suspension, revocation or resignation.
Article 111. The Joint Sectoral Committee for Equal Opportunities.
It was agreed to form a Joint Sectoral Committee for Equal Opportunities 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 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 established in previous articles.
- Monitoring the progress of plans agreed equality in companies.
- Ability to produce technical opinions on issues related to equal treatment and opportunities for women and men at work at the request of the Joint Commission.
- If it is agreed within it, you can develop a specific study regarding equal opportunities in the sector and, in particular, an assessment of the employment situation and employment of women, to make through sectoral survey of the Convention and which will require that data be presented in the latter disaggregated by gender.
- Based on the conclusions it will be examined again with the Institute for Women concrete possible cooperation agreement and the possibility of developing a code of practice on equal treatment and opportunities in business Chemical industry.
- The result of the sharing of these reports and findings constitute the annual report on equal opportunities in the chemical sector.
Article 112. Protocol prevention and treatment of situations of sexual harassment and gender discrimination and harassment.
1. Declaration of Principles.
Among the Principles of Conduct and Performance of the Companies included within the functional scope of this Collective Agreement is the "Respect for People" how essential for individual and professional development condition, taking their immediate reflection on the principles of " respect for the law "and" respect for Human rights "that regulate the activity of all persons in the exercise of their functions, which requires observing proper, respectful and dignified treatment, ensuring the safeguarding of fundamental rights related to employment , dignity, personal privacy and equality.
In this sense, the Organic Law 3/2007 of 22 March for the effective equality of women and men recognize that equality is recognized in various international texts on human rights universal legal principle, instituting the obligation to promote working conditions that prevent situations of sexual and gender harassment and arbitrating specific procedures for prevention and to channel complaints or claims that may make those who have undergone the same.
The signatories of this Collective Agreement consider that contrary to the above principles behaviors, and more specifically, those identified herein as bullying behaviors are unacceptable and therefore should be adopted at all levels of commitment mutual collaboration on zero tolerance to any kind of harassment.
This protocol aims to prevent harassment occurring in the workplace and, if it occurs, ensure that you have appropriate procedures to address the problem and prevent its recurrence. With these measures it is to ensure in free enterprise work environment harassment, where all people are obliged to respect their integrity and dignity in professional and personal level.
By the above, and developing of duty laid down in Article 48.1 of Law 3/2007 of 22 March for the effective equality of women and men, BOE 23/3/2007, the parties agree to the following protocol:
2. Personal scope.
This Protocol shall apply to all staff of the companies included in the functional scope of Article 1 of this Collective Agreement which did not have its own protocol.
3. Definitions and preventive measures.
A) Moral Harassment (mobbing) is understood as any abusive behavior or psychological violence make prolonged over time on a person in the workplace, manifested through repeated behavior, facts, orders or words which are designed to discredit, disregard or isolate a person in order to achieve a self-abandonment of work producing a progressive and ongoing harm the dignity or psychological integrity. It is considered an aggravating circumstance the fact that the person exercising harassment holds some form of hierarchical authority in the structure of the company on the person being harassed.
B) Sexual harassment: In accordance with the provisions of article 2.1-d of Directive 54/2006, of 5 July, and art. 7 of the Organic Law 3/2007 of 21 March, is considered sexual harassment the situation where any form of unwanted verbal, non-verbal or physical, of a sexual nature with the purpose or effect of violating the dignity of a person in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment is created.
C) Harassment on grounds of sex: In accordance with the provisions of Article 2.1-c of Directive 54/2006, of 5 July, and art. 7 of the Organic Law 3/2007 of 21 March defines the situation in which a behavior, made on the basis of a person's sex with the purpose or effect of violating the dignity of the individual occurs, and create an intimidating, hostile, degrading, humiliating or offensive environment.
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 Effective Equality of Women and Men as discriminatory acts, remain the same under prohibition expressed in the principles of behavior and Performance, enjoying the special protection granted by the Spanish Constitution on fundamental rights.
Also will be considered discriminatory acts, which they apply this procedure, any behavior on grounds of racial or ethnic origin, religion or belief, disability, age, sexual orientation or disease when they occur within the scope business or as a result of the employment relationship in order to harm the dignity of people creating an intimidating, hostile, degrading, humiliating or offensive environment.
These behaviors can occur in three ways:
I. In descending order, when who occupies a superior he harasses the alleged victim of harassment charge.
Ii. Horizontally, when it occurs between persons of the same hierarchical level, usually looking for someone harasses hinder the work of the sufferer in order to damage the professional image of this and even attributed himself merits of others.
Iii. Ascending, when who harasses a person occupying a position of hierarchical level lower than the alleged victim.
E) Preventive measures.
The following are established as preventive measures:
1. Sensitize staff in the definition and forms of manifestation of different types of harassment, procedures and actions identified in this protocol, if it occurs.
2. Respect the principle of not tolerate such behavior, being used if necessary, disciplinary measures provided for in labor law enforcement.
3. Establish the principle of shared responsibility of all workers in monitoring labor behaviors, especially those with managerial responsibilities or command.
4. Define training programs and / or communication that promote communication and closeness in any level of the organization.
5. Dissemination of application protocols in the company to all workers.
4. Action procedure
The companies affected by this protocol ensure switching procedure described below when an allegation of moral, sexual harassment occurs or gender, counting with the participation of workers' representatives.
A) Principles of process performance.
The action procedure is governed by the following principles should be observed at all times:
Guarantee confidentiality and protection of privacy and dignity of the persons involved, always guaranteeing the preservation of the identity and personal circumstances of those who report it.
Priority and urgent processing.
Thorough investigation of the facts, objectively and impartially, and if necessary, run by professionals.
Guarantee action taking the necessary measures, including, where appropriate, disciplinary offenses against the person or persons whose bullying behaviors result tested, as well as regarding who formulate accusation or false accusation, upon bad faith .
Indemnity against retaliation, ensuring that no adverse treatment or negative effect on a person as a result of the presentation by you of complaint or protest in any way aimed at preventing harassment situation and to initiate these proceedings will occur, ( without prejudice to the disciplinary measures that could arbitrate in situations of manifestly false complaint).
Ensuring that the person being harassed to continue in his job under the same conditions if that is your will.
This procedure is internal, therefore, it does not exclude or limit the legal action which may be brought by injured persons.
C) Initiation of the procedure.
The procedure shall be initiated by the disclosure to human resources managers in the workplace, the situation of sexual or gender harassment, which may be made of any of the following ways:
1. Directly by the person affected.
2. Through the workers' representatives.
3. For anyone who has knowledge of the situation.
The investigation of the case always borne by those responsible for human resources of the company that will be responsible for initiating a procedure and ensure that during the same reporting principles contained in its procedures are respected.
Those who instruct the case, unless the person affected by bullying state otherwise, for which they expressly ask, shall inform the representatives of the workers the situation, keeping them at all times aware of their actions. While not stating the express consent of the alleged victim can therefore not bring the situation to the attention of workers' representatives.
Participants in training (management, unions or any), persons are subject to the obligation of professional secrecy on the information they obtain during application processing. Failure to comply with this requirement may be sanctioned.
Exceptionally and considering special circumstances that may concur in any case, may delegate the investigation of the case in another person to appoint the Human Resources.
E) Preliminary Procedures.
With the disclosure of the situation of harassment, will start automatically a previous procedure, unless the seriousness of the facts recommends otherwise, which aims to solve the problem immediately because sometimes the merely express the person who allegedly harassing or intimidating another offensive consequences that their behavior is enough to solve the problem.
In this procedure, the person who instructed the record will meet with the parties in order to clarify the facts and reach a mutually acceptable solution.
The previous procedure is highly recommended, but in any case optional for the alleged victim. Once it started, and if it is not completed within ten days from the start having solved the problem of harassment, will necessarily lead to the opening of formal proceedings.
F) Formal procedure.
The formal procedure will begin with the opening by the instructing party, an information file.
For the preparation, the instruction can practice few measures deemed necessary to clarify the allegations, maintaining the formality of giving hearing procedure to the parties involved.
In the shortest time possible, without exceeding a maximum of 30 days, it shall draw up a report containing the description of the alleged facts, the circumstances, the intensity thereof, the repetition in behavior and degree of impact on job duties and working environment of the alleged victim.
In any case you should collect the conviction or the instructing party of the allegations, explaining the facts that have been accredited objectively based on the steps taken have been committed.
G) Precautionary Measures.
During application processing a proposal from the instructor, the Management Company may take the necessary precautionary measures leading to immediate cessation of the harassment situation, without prejudice to such measures may involve working conditions of people involved.
H) Assistance to the parties.
During application processing the parties may be assisted and accompanied by a trusted person, whether or not representative of the workers, who must maintain confidentiality about the information you have access.
This person of confidence may be present at the taking of statements and communications instructing party that directs people involved.
I) To close the record.
The management of the Company, taking into account the seriousness and importance of the facts established, shall, within a maximum period of 15 days the necessary corrective measures, these may be as definitive ratification of the precautionary measures taken in processing record.
In any case the workers' representatives will be aware of the final result of all records that can be processed, as well as the measures, except for the identity and personal circumstances of the alleged victim of harassment, (if it requested that the facts were not made aware of it).
In any case, if harassment is found punitive disciplinary measures provided for. Similarly, if it turns accredited act of discrimination it will also be considered on grounds of sex.
If it is determined the nonexistence of harassment in all its forms filed the complaint. If the bad faith of the complaint are noticed, appropriate disciplinary measures will be applied.
First additional provision. Replacing the Labour Ordinance.
The General Collective Agreement of the Chemical Industry replaced in its day the Labor Sector Chemical Ordinance, repealed by Ministerial Order of 17 / II / 88, and to all intents and purposes, is the Conventional rules applicable to the Labor Relations in this Sector .
Second additional provision. Guarantee retroactive increases in the Convention.
The increases agreed in 2015 based on the provisions of Article 33.II it would be backdated to January 1 of that year, with all workers in high during the term of the agreement affected by it and for the entire period in which, during the year, they have been active in the company, even if the determination is made percentages apply after the termination of their employment relationship. Will therefore entitled to these retroactive increases had caused workers who leave the company prior to its application.
The same rule will apply in the years 2016 and 2017, meaning that the retroactive effect of the increases agreed for those years are as at 1 January of each.
Third additional provision. Balance of Implementation of the Convention.
In the first quarter of the second year of the Convention, the Central Joint Commission will review the implementation of the General Convention through a survey to be prepared the same and will be sent to all companies concerned and to representatives of workers in them.
In this survey a section for the study of the salary structure on average and most frequent of each of the items indicated in the notes to Article 33, distinguishing between fixed amounts of variable values will be included and the latter its consolidated or not character.
Fourth additional provision. Implementation of the Convention.
Force Once the XVIII General Convention of Chemical Industry implementation at enterprise level is necessary. In the text of the Convention and each of its items intervention that must carry out the workers' representatives to comply with the same notes.
Moreover, given the density of conventional text and for the sole purpose of facilitating those affected the proper implementation of the Convention, the signatories believe should be recalled in this clause schematically aspects of this Agreement which require intervention of the representatives of the workers as being those procedures and modalities as provided specifically in each of the articles thereof.
a) priority in time.
- Salary Structure.
- MSB and distribution thereof.
- Implementation of salary increases each year.
- Organisation of the day.
- Work Calendar.
- Professional Classification.
arts. 21 to 24
- Variable Remuneration
- Templates, production and hiring modalities.
- Subcontracting of activities
- Analysis of overtime.
- Annual prevention plan.
- Information and monitoring of economic and industrial situation in the company.
II. Under the particular circumstances of each case.
- Work organization.
- Implementation of a new system yields
- Introduction new technologies.
- Proof of income.
- Temporary work.
- Valuation System for competitions and their specific application.
- Amortization of vacancies.
- Changes in the incentive systems.
- Monthly monitoring of overtime performed and compensation system.
- Extensions of time
- Working on weekends.
- Notification sanctions.
- Quarterly financial information and other employment information specified in Article 64 of the ET and Article 74 of the Convention.
- Safety and health in ancillary companies, contractors and subcontractors
Fifth additional provision. Professional classification, promotion and training.
In order to achieve proper coordination between occupational classification, professional promotion and training as a key element of both business competitiveness in the sector of the chemical industry and career expectations of workers, creating remembers of a working group to address the analysis of this issue during the term of this Collective Agreement.
This working group will consist of a total of six members appointed an equal number of both business and labor representatives of the Negotiating Committee.
Sixth additional provision. Job.
The parties undertake to annually analyze and study the behavior of employment in the whole sector, using for this purpose the media and regular monitoring.
Seventh additional provision. Social dialogue at the European level.
The undersigned trade union and business organizations of the collective agreement consider that the process of internationalization of production and commercial structures necessary to strengthen European unity. To this end, through the respective supranational structures in participating, are committed to strengthen the social dialogue at European level.
Eighth additional provision. Industrial Chemical Sector Observatory.
The undersigned trade union and business organizations of the collective agreement undertake to hold meetings be necessary in order to enable the Industrial Observatory of the Chemical Sector.
Ninth additional provision. non-sexist language.
During the term of this Collective Agreement the Joint Sectoral Committee for Equal Opportunities address a study to tailor your text to a non-sexist language. Achieved agreement would be incorporated into the text of the next collective agreement.
The parties to this collective agreement acquire the commitment not to open new avenues of recruitment within the functional scope of the General Convention of Chemical Industry, and not to promote the maintenance of regional and provincial sectoral collective agreements that exist in today.
multiple images appear in the original. See the official and authentic PDF document.
multiple images appear in the original. See the official and authentic PDF document.
Here a picture appears in the original. See the official and authentic PDF document.
Here a picture appears in the original. See the official and authentic PDF document.
Here a picture appears in the original. See the official and authentic PDF document.
Search Translated Laws of Spain