Having regard to the text of the state collective agreement of the metal packaging and metal packaging industry (convention code No. 99003445011982), which was signed on 22 June 2015, on the one hand, by the Spanish Metalgraphic Association (AME), on behalf of the companies in the sector, and, on the other, by the Federation of Industry of CC.OO. and MCA-UGT Federation of Industry, on behalf of workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text approved by the Royal Legislative Decree 1/1995 of 24 March, and in the Royal Decree 713/2010 of 28 May on the registration and deposit of agreements and collective agreements.

This Employment General Address resolves:

First.

Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, July 14, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

STATE COLLECTIVE AGREEMENT OF THE METAL PACKAGING AND METAL PACKAGING INDUSTRY

CHAPTER I

General clauses

Article 1. Scope and Structure of Collective Bargaining in the Sector.

1.1 Application environments.

1. Functional. This collective agreement has been signed by the Spanish Metalgraphic Association (AME) and by the Federation of Industry of CC.OO. and MCA-UGT Federation of Industry, is applicable to the companies engaged in the activity metallographic, manufacture of containers, tubes for aerosols, lids, stoppers, capsules and other metal seals, to the decoration, varnishing and stamping of metal plates and to any other activities related to them.

For these purposes only products made from sheet metal (tin, black or chromed, brass, aluminium, lead or laminated tin, and any other similar products) of a thickness of 0,50 mm or less (except for: in the case of tubes for aerosols in which there is no limit of thickness) and those of mixed composition when incorporating, in some way, metal components.

2. Personal. This Convention shall apply to all workers who provide their paid services as an employed person within the undertakings set out in the preceding paragraph, with the exclusions laid down in the Staff Regulations.

3. Territorial. This Convention shall apply throughout the Spanish territory.

1.2 Structure of collective bargaining in the sector.

This collective agreement, in accordance with the provisions of Articles 83.2 and 84.4 of the ET, articulates collective bargaining in the Metalgraphic Industry sector through the following negotiating structure:

a) State scope: This state collective agreement.

b) Autonomic scope: The currently existing Collective Agreement for the Metalgraphic Industry of Catalonia, and any others that could be established at the regional level in the future.

c) Business scope or job center.

These are exclusive competition matters reserved for the state area of negotiation, those established under the provisions of Article 84.4 ET.

The concurrency assumptions between the conventions of the indicated negotiation levels, will be resolved by applying the following rules:

(a) It is a preferential trading unit at the state level, so any conflicting competition between the latter and the lower level will be resolved subject to the material content agreed in the present collective agreement, and to the provisions of the legislation in force.

(b) The State Collective Agreement complements the contents of the lower-level agreements, and is also a supplementary right in all the provisions expressly not provided for therein. "

Article 2. Vigency of the Convention.

This Convention shall enter into force on the day following that of its signature and shall be for a period of two years, i.e. from 1 January 2015 to 31 December 2016.

The arrears that have been generated since 1 January 2015 will be paid by 31 July 2015.

The Convention shall be denounced by either party at a time of three months in advance of the date of its expiration. However, they shall remain in force until the entry into force of the replacement.

Both parties undertake to initiate the negotiation of a new Convention, once it has been denounced, with the utmost advance of its validity.

In the event of disagreement, during the negotiation, both parties will seek mediation, following established procedures for the out-of-court settlement of disputes, for the agreement to take place within the framework of the the legislation in force.

Article 3. Extra rules.

For everything not provided for in this Convention will be expressly provided for in the general labour law.

Likewise, the matters which the Statute refers to at sectoral level, included in this Convention, shall apply to the lower-level conventions.

Article 4. Acquired rights.

The most beneficial collective and "ad personam" conditions shall be respected, provided that, as a whole and in annual computation, they are higher than those laid down in this Convention.

Article 5. Absorption and compensation.

In its economic aspects, the terms agreed in this Convention are compensable and absorbable in annual accounts, with which they previously will be subject to voluntary improvements granted by the company, although in this the matter, in respect of the professional classification, shall be as laid down in the second transitional provision.

Article 6. Organization of the job.

1. General rule: The organisation of work as provided for in this Convention and in the legislation in force, corresponds to the employer who carries out the work through the regulatory exercise of his or her powers of economic and technical organisation, the management and control of the work and the necessary orders for the performance of the corresponding work activities.

The legal representatives of the workers will participate in the form that is determined in this Convention with functions of advice, guidance and proposal, and they will ensure that in the exercise of these powers it does not to blame the legislation in force.

2. Implementation of scientific work systems: The initiative to set up new systems of production organisation or control, as well as incentives for work, corresponds to the company and may refer to its entirety, or to sections Certain homogeneous units, centres or units which do not break the unit of the production unit.

The mechanism for implementing the system will be that provided for in Article 41 of the Workers ' Statute, which will also be applicable to the amendments to be made.

3. For the purposes of implementing the scientific systems of work referred to in the preceding number 2,

following definitions shall apply:

Normal Performance: This is the amount of work that an operator performs under normal conditions, such as a salary, measurable in any of the commonly accepted and mandatory systems. to reach it under normal conditions.

Optimal performance: This is the amount of work that an operator performs under normal conditions and which means an increase of 33 per 100 over normal performance. Achieving this performance will not be mandatory for the worker.

Usual performance: This is the average return achieved by the worker during the previous three months. Average performance is required to be achieved by the worker, provided that the methods, conditions, or work items are not varied.

4. In the systems provided for in the previous No 2, the remuneration for the higher than normal performance shall be agreed between the undertaking and the representation of the employees, and must be at least equal to 33%. 100 of the salary Convention for each level, with optimal performance.

5. Other incentives: In the case of undertakings which are to be used for the purposes of working for the purposes of the preceding paragraph, and those which are not calculated by means of a scientific system as referred to in the preceding number 2, the parties shall agree to the fixing of the prices per unit The workers will be able to obtain the assistance of the Staff Delegates or the Enterprise Committee. In the absence of an agreement between the undertaking and the workers concerned, the Joint Committee will be aware of the question raised and will decide, where appropriate, the procedures envisaged for the implementation of a specific system of organisation of the job.

6. Companies that currently work with unmeasured work systems and wish to implement scientific time measurement systems, will ensure that all workers affected, in the case of new systems, at least, and in the "ad personam" guarantee concept, the average daily of the amounts received in the last three months, provided that it reaches a similar level of production to that obtained by the previous system, calculated individually, by equipment, section, etc., the cases; the said guarantee will be reduced in the proportion in which the reference is diminished level of production, unless the causes of the reduction are outside the worker and imputable to the newly established system itself.

7. Incentives for indirect production: Companies will have to set up a remuneration system with incentive to indirect labour, when it has been established for the direct labour force, if this is determined by the workforce. The indirect activity of the project is not the same as the case. The remuneration shall be based on the average activity obtained by the team, section or factory, in each case. In the absence of an agreement between the undertaking and the workers concerned, the Joint Committee will be aware of the question raised and will decide, where appropriate, the procedures envisaged for the implementation of a specific system of organisation of the job.

8. Transitional rule: Companies which have established on the date of entry into force of this Convention a particular system of work, and in application of the corresponding incentives, will maintain it on their own terms and conditions, with the the proviso that those amendments which are necessary to comply with the safety and health standards laid down in this Convention are to be introduced.

CHAPTER II

Professional classification

Article 7. General criteria.

1. The professional classification is established on the basis of the criteria of Article 22 of the Workers ' Statute, i.e. professional skills, qualifications and general content of the benefit, including in each group different levels with different tasks. This system replaces the old classification based on professional categories, taking them as one of the integration references.

2. Classification is carried out in functional groups and professional levels by interpretation and application of general objective criteria and by the most representative basic tasks and functions developed by the workers.

3. In the case of concurrency in a job of basic tasks corresponding to different levels, the classification shall be carried out as laid down in the Staff Regulations. This classification criterion does not mean that additional tasks, which are essential for positions classified at lower levels, are excluded from the jobs of each level, and will always be taken into account. (a) the rights: to dignity, to effective occupation, to training and retraining and to promotion in employment.

4. The professional framework of the State Collective Agreement for the Metalgraphic and Manufacturing Industry of Metal Packaging consists of three groups (Technicians, Employees and Operaries) that are subdivided, in turn, at levels. Therefore, each position must be attached to a group, and at a certain level.

5. The framing of each job to the respective group and corresponding Level, will be carried out taking into account the factors of: knowledge, initiative, autonomy, experience, responsibility, command and complexity. All of these factors appear as conditions for membership in a given group and level.

6. Within the general principles of professional classification, in each undertaking, according to its own organizational systems, the groups and levels that are deemed suitable or necessary, depending on their size and activity, may be considered. and therefore vary your denomination and increase or decrease your number.

7. All workers will be assigned to a certain group and to a level. Both circumstances will define your position in the organizational scheme of each company.

Article 8. -Description of the factors that define group and level membership.

The factors listed below are determinants and therefore define the membership of each of these to a group and level.

A. Knowledge. Factor for whose assessment it must be taken into account, in addition to the basic training required to be able to fulfil the task correctly, the degree of knowledge and experience acquired, as well as the difficulty in acquiring these knowledge or experiences.

This factor can be divided into two subfactors:

a) Training. This sub-factor considers the minimum initial level of theoretical knowledge that a person of average capacity must possess, in order to successfully perform the duties of the post after a period of adaptation. This subfactor should also consider the requirements of specific and complementary knowledge.

b) Experience. This subfactor determines the required time period, so that a person of average capacity, and possessing the training specified above, acquires the necessary skill and practice to perform the post, obtaining a performance sufficient quantity and quality.

B. Initiative. This factor values the capacity required of the occupant of a job to act with greater or lesser independence when making determinations, planning, analyzing or choosing among several alternatives, considering the greater or lesser degree of dependence on the guidelines or rules for the execution of their duties.

C. Autonomy. This factor measures the greater or lesser degree of hierarchical dependency to which the occupant of a job is subject in the performance of his duties, as well as the degree of supervision to which the tasks are subject.

D. Responsibility. Factor for the assessment of which must be taken into account both the degree of responsibility of the operator of the function (with respect to the tools or machines used to carry out his tasks, the product he/she obtains from the development of his/her activity, with respect to the security of those in your work environment, with respect to the data used in the performance of your tasks, with respect to the errors that may result from the performance of your tasks, in relation to the relationships that officially and on behalf of the company has to assume), as the degree of influence on the results and importance of the consequences of management.

E. Mando. This factor will measure the ability to coordinate, instruct and direct the work of others.

To be evaluated, account should be taken of:

The degree of monitoring and ordering of tasks.

The interrelationship capability.

Nature of the collective in charge.

Number of people on whom the command is exercised.

F. Complexity. Factor whose assessment will be based on the greater or lesser difficulty of the tasks to be performed, as well as the greater or lesser degree of integration of the rest of the factors in the task or given. As well as the space and conditions in which you should develop the tasks of the entrusted position.

To be evaluated, account should be taken of:

a) Difficulty at work: This subfactor measures the required capacity to the occupant of a Job Post to attend to correlative or simultaneously a greater or lesser number of tasks, integrated with each other to a greater or lesser degree, without loss of effectiveness, or to be effective in a given number of productive unit workstations.

b) Special Skills: This subfactor determines the skills required for certain jobs, such as physical loading, manual dexterity, etc., and their frequency during the workday.

c) Environmental and working conditions: it values the conditions of penosity and/or structural dangerousness of a job. That is to say, what remains of them after all the regulatory corrective measures to eliminate them and which can therefore be considered inherent in the post.

Article 9. Group description:

The description of the three groups is as follows:

Group I: Directives and Technicians. It is for this group the staff employed to carry out managerial duties, other than the senior management relationship, and the staff who, being in possession of higher, middle-grade diplomas, vocational education diplomas or Without a title, it has an accredited preparation for the continuous practice, it develops tasks of a technical nature in the areas of organization, research, development and innovation (R + D + i), laboratories, management of systems of quality and medium environment, prevention and occupational health.

Group II: Employees. It is the staff who, through their knowledge and/or experience, perform administrative, commercial, organizational, IT, laboratory and, in general, office-specific tasks, in general or factory offices, that allow report on the management, economic-accounting activity, coordinating productive tasks, or carrying out ancillary tasks that will bring attention to the people.

Group III: Operaries. It is the personnel who for their knowledge and/or experience execute operations related to the production, either directly, acting in the production process, or in maintenance, transport or other auxiliary operations, being able to perform, in turn, monitoring or coordination functions.

Article 10. Description of the levels.

The description of the different levels is the following:

Level 1:

General Criteria: People who have direct responsibility in managing one or more functional areas of the company, or performing technical tasks of the highest complexity and qualification, are included at this level. They take decisions or are involved in their preparation, as well as in the definition of specific objectives. They perform their duties with a high degree of autonomy, initiative and responsibility and are in managerial positions.

Training: University qualification or equivalent knowledge recognised by the company, completed with specific studies or with a long established professional experience in the exercise of its function.

Examples: At this level, some activities are included, as enunciative, which, by analogy, are similar to the following, depending on the size of the company:

1. The preparation of the planning, the general approaches to the effective use of human resources and material aspects, the orientation and control of the activities of the organization according to the established program or the policy adopted.

2. Responsibility for the development of computer tasks, processes and systems. The maintenance and establishment of structures and support and the development of industrial, financial or commercial policy.

3. Tasks of technical direction of high complexity and heterogeneity, with high level of autonomy and initiative within their field, in functions of research, quality control, definition of industrial processes, administration, consultancy legal and labour law, procurement, human resources, personnel, etc.

4. The monitoring and technical direction of a process or section, of all the same, or of a group of services or of the totality of the same.

5. Coordination, monitoring, sorting, and/or management of heterogeneous jobs or the set of activities within an area, service, or department.

6. Responsibility and direction of the operation of the computer system and/or local computer service networks, on the set of data processing services.

7. Business management total management tasks.

8. Technical tasks of very high complexity and multipurpose, with the highest level of autonomy and initiative within their field, being able to involve advice in the fundamental decisions of the company.

9. Functions consisting of planning, ordering, and monitoring an area, service, or department of a medium-sized enterprise or small-scale enterprises, with responsibility for the results of the medium or small-scale enterprise.

Level 2:

General criteria: These include positions with a high degree of demand in the factors of autonomy, initiative and responsibility. They perform complex technical tasks, with defined global objectives, or that have high intellectual or human interrelation content. Also those directly responsible for the integration, coordination and supervision of functions, carried out by a set of collaborators in a single functional area or with command over them.

Training: A university degree or equivalent knowledge equated by the company, completed with a long experience in its professional sector.

Tasks: At this level, some activities, by analogy, are included, which are similar to the following:

1. Tasks of coordination, supervision, management and/or management of homogeneous works or of the set of activities within an area, service or department subject to the direct supervision of a person of higher level (quality, administration, legal and employment advice, procurement, human resources, occupational health area, staff, etc.)

2. Tasks of management of the commercial management of the company, with wide responsibility for a market segment or geographic sector delimited.

3. Technical tasks of high complexity and multipurpose, with a certain degree of initiative within their field, developed under supervision of a higher level person, being able to involve advice in the fundamental decisions of the company (research, definition of industrial processes, etc.

4. Preparatory and/or training tasks prior to the occupation of a higher level post.

5. Functions that assume responsibility for ordering, coordinating and supervising the execution of heterogeneous tasks of production, marketing, maintenance, administration, services, etc., or any grouping thereof, when minors Company dimensions advise such groupings.

Level 3:

General criteria: This level includes persons who, with or without command responsibility, perform tasks with a high content of intellectual activity and human interrelation, in a framework of precise instructions technical complexity, with autonomy within the process. Perform functions that involve the integration, coordination, and monitoring of homogeneous tasks performed by a set of contributors.

Training: Equitable to medium or higher level training cycle (CFGM or CFGS) or equivalent knowledge recognised by the company and/or with job training or knowledge acquired in the performance of the profession.

Tasks: At this level, some activities, by analogy, are included, which are similar to the following:

1. Complex technical tasks of all kinds of projects, including R & D + i, reproductions or details under the direction of a superior command, ordering, monitoring and directing the practical execution of the same, being able to direct assemblies, lift planes topographs, etc.

2. Exercise direct command to the front of a set of workers, within an intermediate phase or geographically delimited zone, in a line of the production process, or assembly, coordinating and controlling the operations inherent in the production process of the corresponding phase, performing the installation control and materials that are used.

3. Tasks under supervision of a technical, administrative, laboratory, organizational, purchasing management or supply of complex goods.

4. Activities involving the responsibility of a whole shift or a production unit, which must be seconded by one or more supervisors at the lower level.

5. Technical tasks of commercial management with responsibility for a defined geographical sector and/or a specific range of products.

6. Administrative or organisational technical tasks consisting of responsibility for the preventive or corrective maintenance of robotized systems, involving extensive integrated knowledge of electronics, hydraulics and pneumatic logic, bearing the responsibility for prompt intervention within the production process and may have staff in charge.

7. -Technical areas of management and supervision in the accounting area, consisting of gathering the elements provided by the helpers, drawing up states, balance sheets, costs, treasury provisions and other similar works on the basis of the plan the company's accounting and budgets.

8. -Technical tasks in the area of health and safety of the company, carried out under the supervision of a senior manager or technician.

Level 4:

General criteria: This level includes those persons who carry out self-employed work, of a certain complexity, who usually demand initiative and reasoning, behaving, under supervision, responsibility for them, and being able to have hierarchical command.

Training: Equitable to Baccalaureate, Mid-Grade Formed Cycle (CFGM) or equivalent knowledge recognised by the company, and/or with job training or knowledge acquired in the performance of the profession.

Tasks: At this level, activities that, by analogy, are similar to the following are included, as enunciative:

1. Tasks which consist of the exercise of direct command at the head of a set of trade or production operators in main installations (printing, electronics, die-cutting and matricery, assembly, welding, electricity, etc.).

2. Tasks involving responsibility for a shift or a unit of production that are seconded by one or more workers in the lower group.

3. Tasks that consist of the preventive or corrective maintenance of robotic systems that involve extensive integrated knowledge of electronics, hydraulics and pneumatic logic, bearing the responsibility of prompt intervention within the process productive, being able to have staff in charge.

4. Tasks that consist of total responsibility in the programming, supervision, preparation, commissioning and operational in machines, processes and lines of production of lithography of more than two colors, offset, screen printing, huecograving, flexography, typography and printing in general, being able to have staff in charge.

5. Automatic regulation tasks by choosing the appropriate programme, introducing precise variants into production facilities, centralised or not, taking control through the appropriate means (terminals, microcomputers, etc.).

6. Tasks of supervision, personnel and final work, according to general rules received from an immediate superior command such as: all kinds of parts, machines, structures, materials and spare parts, both during the production process and after finished, based on drawings, tolerances, compositions, appearance and standards of use with a high degree of decision on acceptance, as well as administrative and laboratory tasks.

7. Project delineation tasks, drawing up set and detail plans, based on information received and performing the necessary requirements while providing the required solutions.

8. Tasks of translation and attention of personal communications with high confidentiality, and sufficient domain of at least two foreign languages, as well as the use of specific programs.

9. Tasks for the sale and marketing of products, with autonomy in the negotiation subject to supervision.

10. Tasks of coordination and administration of sales and marketing of products requiring a certain autonomy for the definition of prices, conditions of credit, delivery, etc.

11. Tasks of logistic planning, coordination and administration of procurement and procurement, with autonomy for the practical execution of these tasks.

12. Tasks of coordination of accounting, billing and administrative in general, with autonomy for the practical execution of these tasks, being able to have staff in charge.

13. Customer service tasks in the field of quality, providing "in situ" solution proposals for the incidents that may arise, and based on the documentation and production quality data produced by quality personnel classified in lower levels.

Level 5:

General Criteria: People who perform technical, administrative or operational jobs, qualified within their specialty, who require skill and professional knowledge acquired by a person, are included in this level. intense and proven practice, through methodical learning. These tasks are carried out under the control of managers or professionals with more qualifications in the scheme of each company, usually with a high degree of supervision, but with certain professional knowledge, with an intermediate period of adaptation, being able to have staff in charge.

Training: Equitable to medium-grade training cycle (CFGM) or equivalent knowledge recognized by the company and/or with job training or knowledge acquired in the performance of the profession.

Tasks: At this level, activities that, by analogy, are similar to the following are included, as enunciative:

1. Technical tasks consisting in contributing to the development of a project that is written by a higher technician, applying the standardisation, performing the calculation of detail, from data provided by a superior technician.

2. Tasks for the preparation and updating of the technical documentation, follow-up of preventive and corrective maintenance procedures, analysis of technical and productive aspects for continuous improvement, based on information provided by a top technician.

3. Project delineation tasks, drawing up set and detail plans, based on information received and performing the necessary requirements while providing the required solutions.

4. Tasks that consist of the preparation, preparation and operation in machines, processes and lines of production of lithography of up to two colors, offset, screen printing, huecogravure, flexography, typography and printing in general, being able to have personal to your office.

5. Tasks in varnished heads, where the responsibility for varnishing or enamelling on tinplate, aluminium or other materials is carried out and for making the reservation as well as extensive knowledge of the varnish process enabling the control of the coating. process.

6. Tasks consisting of controlling the quality of the production process and the product by documenting traceability, integrating the information and preparing certificates of concerted quality in their case, being able to have staff in charge.

7. Tasks that consist of the preventive or corrective maintenance of robotic systems that involve extensive integrated knowledge of electronics, hydraulics and pneumatic logic, bearing the responsibility of prompt intervention within the process productive, acting normally under the supervision of a top-level operator.

8. Sales and marketing management tasks for products that do not require a technical specialization other than the demonstration itself, price communication and credit and delivery conditions, order processing, etc.

9. Procurement and procurement administration tasks, under the supervision of people included at the top level.

10. Tasks of accounting, billing and administrative coordination in general, under the supervision of persons included in the senior level.

11. Tasks of retoiletry, monger-insoler, machinists, etc., with sufficient training to prepare and operate with a production machine, with extensive knowledge in the management of computers, image processing programs, vector, graphic design, test trials with chemical or manual processes and tests in manual press with offset procedures.

12. Tasks of certain maintenance and repair complexity as well as the preparation of operations on conventional machines that lead to self-control of the product produced

13. Tasks consisting in the accounting of the materials of the general warehouse or of each of the general stores, which provide service to the entire factory, being in charge of dispatching the orders in the same, of receiving the goods and managing its distribution in the various departments of the warehouses, and to record in the books the movement of material during the day, writing and referring to the offices the corresponding relations.

14. Load truck driving duties exceeding 3,500 kg, currently requiring class C driving meat.

15. Tasks consistent with the coordination of personnel at the lower level.

Level 6:

General criteria: This level includes those persons who perform work within their specialty, who require a skill and professional knowledge, acquired by their experience, through an apprenticeship methodical. Persons who, on the initiative and with subordination to persons from other higher levels, perform administrative, operational or specialized support operations. People who perform functions that involve the integration and coordination of homogeneous tasks, being able to have staff in charge.

Training: Equitable, medium-grade training cycle (CFGM) or equivalent knowledge recognised by the company and/or with training in the job or knowledge acquired in the performance of the profession by means of a learning.

Tasks: At this level, activities that, by analogy, are similar to the following are included, as enunciative:

1. Driving tasks for passenger cars or vans, with load capacity of up to 3,500 kg, currently requiring Class B driving meat.

2. Tasks consisting of the organization of the materials of the general warehouse or of each of the general stores, which serve the entire factory, preparing and dispatching the orders in the same, receiving the goods, distributing them in the different dependencies of the warehouses, and recording the movement of material during the day.

3. General administration tasks, in any company department, under the supervision of a parent.

4. Driving wheelbarrows of 7 or more tons and driving machines suspended in vacuum, lifting, loading, dragging, etc. (bridge cranes, gantry cranes, etc.).

5. Specialised assistance tasks for mechanics, electricians, electronics, lithographs, offset, screen printing, varnish head ... etc., as well as those made during the training or apprenticeship period, which require the supervision of a professional top level.

6. Production quality control tasks carrying out inspections and classifications with the corresponding apparatus, deciding on rejection based on established standards, reflecting by any means the results of their inspection.

Level 7:

General Criteria: Tasks that are executed with a high degree of dependency, clearly established, with specific instructions. They may preferably require physical effort, with little training or elementary knowledge and may occasionally need an adaptation period.

Training: Training comparable to compulsory secondary education, as well as knowledge acquired in the performance of their profession.

Tasks: At this level, activities that, by analogy, are similar to the following are included, as enunciative:

1. Basic administrative tasks, in any department or section of the company, of typing, archiving, recording, telephone or similar, based on specific orders from a superior.

2. Driving of forklifts of less than 7 tonnes.

3. Verification tasks in the areas of quality and production consisting of visual inspection and/or direct measurement patterns already established (calibers, gages, etc.), of the quality of the components and simple elements in processes of assembly and finishing of assemblies or subassemblies, scoring or indicating whether or not they fit these patterns.

4. -areas requiring basic electrical or mechanical knowledge for maintenance in production of a line or group of machines, acting under specific instructions and supervision of a top-level operator.

5. Tasks that require regulation, tuning and handling of: tables, machines, indicators and non-automatic panels, always under the supervision and responsibility of a superior.

6. Tasks requiring basic professional knowledge such as maintenance or monitoring of motor machines, or the determination of a manufacturing process.

Level 8:

General Criteria: This level includes people who perform tasks that are executed according to specific instructions, clearly established, with a high degree of dependency, which require a high degree of effort. physical and/or care and do not need specific training or experience, except for a minimum period of adaptation.

Training: Compulsory Secondary Education (ESO) or certificate of education or equivalent.

Tasks: At this level, activities that, by analogy, are similar to the following are included, as enunciative:

1. Manual tasks.

2. Elementary tasks with simple machines, such as those that do not require specific training and knowledge, including basic visual inspection of the product.

3. Loading and unloading tasks, manuals or with the help of simple mechanical elements.

4. Material supply tasks in the production process.

5. Tasks that consist of performing errands, assignments, manual transportation, carrying, or collecting correspondence.

6. Manual-type tasks that involve the use and disposal of elaborate or semi-processed raw materials, as well as the necessary tools in any production process.

7. Tasks of sorting, distribution of goods and genera, without risk in the movement of the same.

Article 11. Functional mobility.

Functional mobility may be carried out in the field of professional groups, with the limit of the suitability and fitness requirements necessary for the performance of the tasks entrusted to the worker; it is understood that These requirements are among the workers at levels 7 and 8. In cases of functional mobility, workers ' professional and economic rights shall be guaranteed.

By mutual agreement: It will be agreed between both sides, with a report to the representation of the workers.

By decreasing the physical or psychic capacity of the worker:

1. In all cases where staff mobility is necessary, due to the diminished capacity of the worker and his/her origin in any occupational disease, natural physical wear in the company, accident at work or any other another disease, provided that it does not prevent it from developing another job, the Directorate will couple this staff to the most appropriate position, with the worker being able to receive the salary and the premium corresponding to the new job, or the salary and premium of the former, in this second case, the premium that will be collected will be the average of the obtained in the year prior to the change of job and shall be reviewed annually increasing by the same percentage as that set for his former qualification salary.

2. Information prior to the representation of workers.

CHAPTER III

Working Time

Article 12. Workday.

The day will be 1,752 hours of effective annual work in each of the years of the Convention, both on a continuous and on-day basis. In any event, the most beneficial consolidated conditions shall be respected, which shall be kept exclusively in a personal capacity.

The fixing of the work schedule and working hours will be the faculty of the company's management which, once the calendar of the year is known, will agree with the workers ' representatives the timetable and the timetable. corresponding. In the event of disagreement, each party shall appoint a mediator in order to reach an agreement. If the same is not followed within seven days, the decision of the undertaking shall be enforceable from the eighth day following the start of the mediation.

For objective reasons of production, duly accredited, increase of orders, variation of delivery dates or any other circumstances of similar nature, companies may have an hourly stock exchange up to seventy-two hours of the established annual computation, subject to the following requirements:

Notice in advance of 5 days to the legal representatives of the workers and the affected. In the event that the time-making periods have not been provided for in the annual calendar, the way in which they are carried out will be agreed with the workers ' representatives.

If there is a discrepancy between the Enterprise Committee and the Management Committee, as to the reasons for the time-flexibilization, a mediator will be appointed by each of the parties, who will try to reach a binding agreement within two days of his appointment, which will be twenty-four hours after the company had communicated the notice. In the event of disagreement by the mediators, the decision of the company shall be enforceable from the end of the five-day notice period.

The limits of the daily working day will be at least six hours and a maximum of ten hours, with respect to the rest of the day and week.

Compensation by rest must take place within the calendar year, either for a full day or for a reduction in the day, with the end of the day. For workers whose contract of employment does not cover the full annual working day, the compensation shall be settled before the end of the contract.

The mediators referred to in the preceding paragraphs shall be members of or designated by the Joint Commission.

Companies will be able to extend up to eight hours more over the established seventy-two, provided that the workers to whom they are applied do not exceed the maximum limit of overtime established.

Any company agreement that alters the agreement of this Convention must be communicated to the Joint Commission for the purpose of verifying its compliance with the current regulations.

Article 13. Overtime.

Extraordinary hours are considered to exceed the normal daily working day, depending on the distribution to the intended effect.

Up to half of the overtime may be compensated by rest in the same number of hours within four months of its completion. Overtime not compensated by rest shall be paid in the amount set out in Annex I.

The provision of overtime work will be voluntary on the part of the worker; however, it will be mandatory to perform them to prevent casualties or damage, urgent repairs, and shift relief.

Extraordinary hours compensated by rest, as well as those made to prevent or repair claims or extraordinary damages or urgent repairs, shall not be computed for the purposes of the limit of 80 hours per year, legally allowed.

Article 14. Holidays.

The workers will enjoy thirty calendar days a year, and of which at least twenty-one will be uninterrupted between June 20 and September 15, with the company having to produce the corresponding calendar with Before 31 March, a report by the trade union representatives and, unless the causes of the production and organisation of the work, prevent it. The distribution of these holidays will be done by agreement between the company and its staff.

The existing higher holiday periods will be respected, in a personal capacity.

When the holiday period fixed in the calendar to the established effect coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation, or with the period of suspension of the contract of (a) the right to enjoy the holiday on a date other than that of the temporary incapacity or the enjoyment of the leave of absence provided for in Article 48 (4) of the Staff Regulations. Staff Regulations at the end of the suspension period, even if the year is over natural to match.

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

Holidays will be interrupted in the event of a non-work accident or common illness, in the second case of a minimum duration of eight days. The same interruption will occur in the event that the worker is married within the holiday period, provided that he/she communicates it before the start of his/her vacation. The days not enjoyed by these causes will be taken from rest, in period of low production, according to the company, within the calendar year.

Workers who at the time determined for the enjoyment of the annual vacation would not have completed an effective year in the company, will enjoy a number of days proportional to the time of services provided. If a closure has been established in the workplace, without the worker being effectively occupied, the worker shall receive all the relevant assets.

The remuneration of holiday days will correspond to the average of the actual salary of the three months prior to its start, in normal day, comprising: level salary, premiums and accrued bonuses.

Those workers who retire at the age of 65, and have a minimum age in the three-year-old company, will have the right to enjoy additional paid additional holidays, in addition to those that correspond to them, of three monthly If the company and the worker do not agree on the date of their enjoyment, they shall be paid to the worker before the termination of the employment relationship.

Article 15. Permissions.

Workers, warning them well in advance, will be entitled to paid leave with the actual or agreed salary, for the following reasons:

1. Three calendar days in case of death of spouse, parents, children, siblings or grandparents, in degree of consanguinity or affinity, and two calendar days in case of death of grandchildren, in degree of consanguinity or affinity. When the worker needs to make a shift to the effect, the time limit will be 4 calendar days.

For these purposes, it is considered that a displacement is necessary when the distance, counted from the place of residence of the applicant, is equal to or greater than 400 kilometres round trip.

2. In the event of an accident or serious illness, hospitalization including natural birth, or surgical intervention, including outpatient surgery without hospitalization requiring home rest, the following permits may be granted retributed:

Three calendar days in the case of first-degree parentage: spouse, parents, and children by consanguinity or affinity.

Two calendar days when such contingencies affect second-degree relatives: siblings, grandparents, or grandchildren by consanguinity or affinity.

This is considered an accident or serious illness when at least two days of hospitalization are required. The supporting evidence to be provided shall assume the consent of the family member. Likewise, the company, in compliance with the provisions of the Organic Law 15/1999, of Data Protection, will not retain any document or copy of the causative fact, stating the justification of the permit in a fehaciente way for the purposes of control internal, and always keeping due confidentiality.

It is understood by hospitalization, for all the effects set forth in this Convention (permits, etc.) the hospital internment with a different character than that of being practiced medical tests.

In case of hospitalization and the duration of hospitalization, the worker may enjoy the days of leave on days other than the cause and the following, without in any case this enjoyment implies an increase of working days license.

When the worker needs to make a move to the effect, the time limit will be 4 calendar days. They can be extended these days, without retribution, as long as the illness or hospitalization lasts.

For these purposes, it is considered that a displacement is necessary when the distance, counted from the place of residence of the applicant, is equal to or greater than 400 kilometres round trip.

3. Two working days, due to the birth of a child, without taking into account the day of the causative event. When the worker needs to make a shift to the effect, the time limit will be 4 calendar days.

For these purposes, it is considered that a displacement is necessary when the distance, counted from the place of residence of the applicant, is equal to or greater than 400 kilometres round trip.

4. A natural day in the case of marriage of parents, children or siblings; in both assumptions of consanguinity and affinity.

5. Fifteen calendar days in the case of marriage or registration of a duly accredited couple.

A couple's registration permit will in fact only be allowed once every 5 years, except in the event of the death of one of the union's components.

6. One day per home move.

7. For the time indispensable for the fulfilment of an inexcusable duty of public and personal nature.

When the performance of the duty referred to above involves the impossibility of providing the work due to more than 20 per 100 of the working hours in a period of three months, the company may pass the affected worker to the the situation of surplus regulated in Article 46 (1) of the Staff Regulations.

In the event that the worker, by virtue of the duty or the performance of the charge, receives compensation, the amount of the same salary shall be deducted from the salary to which he was entitled in the company.

8. For the time required in cases of medical consultation assistance from Social Security specialists.

9. Visit to the Doctor of General Medicine of Social Security, with the limit of four half days in the year.

10. The worker may be absent to accompany the doctor to children under the age of 12, or physically or mentally disabled children without age limit, justifying time, name and signature of the doctor visited.

11. For the time required for the implementation of administrative procedures for adoption or acceptance. For these purposes, the provisions of Articles 45, 48 and 48a of the Staff Regulations shall be in accordance with the provisions of Articles 45, 48 and 48a, but where the permit does not exceed the duration of the day, it shall be paid in any case.

12. The pregnant worker will have the time to carry out prenatal tests and to prepare the birth preparation techniques to be carried out within the working day.

The remuneration of the permits entered in this article shall be made prior to the corresponding justification.

To those couples in fact already of the same or of different sex, duly registered in the corresponding Register, or in their defect, in the public document that credits it, they will be recognized the same rights, permits and paid leave to legally married couples.

Article 16. Excess.

1. Leave for a trade union position. -Workers elected to carry out liability positions in their union, and who are required to devote themselves fully to the performance of their duties, may voluntarily apply for leave for the duration of the the situation, after which they shall be incorporated in their posts as long as they are requested before one month after the date of their departure from the said posts.

2. Voluntary leave.-The worker with a minimum of one year in the undertaking shall be entitled to voluntary leave of absence for a period of not less than 4 months, not more than five years. The worker who has enjoyed this leave of absence may not apply again until four years after his entry into work, exhausted.

3. Leave to take care of the care of children or family members. -Workers shall be entitled to a period of leave of absence of no more than 3 years to take care of the care of each child, whether by nature or by adoption, or by (a) a permanent and pre-adopted host, even if they are provisional to be counted from the date of birth or, where appropriate, from the judicial or administrative decision. Workers shall also be entitled to a period of not exceeding 2 years for workers to take care of the care of a family member, up to the second degree of consanguinity or affinity, who for reasons of age, accident or illness cannot be self-valued, and do not perform paid activity.

The excess referred to in this paragraph, the period of which may be enjoyed in a divided manner constitutes an individual right of workers, men and women, however, if two or more workers of the same The employer may limit his or her simultaneous exercise for justified reasons for the operation of the undertaking.

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

The period in which the worker remains in the situation of leave of absence referred to in this paragraph shall be computable for the purposes of seniority and the worker shall be entitled to assistance to vocational training courses, to which he or she Participation must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. After that period the reserve shall be referred to a post of the same professional group or equivalent level.

CHAPTER IV

Economic Conditions

Article 17. Wage increases. Level wages.

For the years 2015 and 2016, the salaries that are determined are established, in general terms, for each level in the tables that are attached, for all concepts, as an annex number 1 to this Convention.

For the confection of these tables, the following increases have been taken into account:

Year 2015: Increase of 0.8% on 2014 tables.

Year 2016: Increase of 1.3% on 2015 tables.

Article 18. Wage revision.

The increases referred to in this agreement shall be subject to the following salary revision clause: In case the sum of the salary increases of 2015 and 2016 is less than the sum of the inflations of both years, 80% of that difference shall be applied as the basis for the calculation of the 2017 salary tables.

Article 19. "Ex professional category" complement.

In the context of the agreement on the application of the current system of professional classification, published in the "Official State Gazette" of 21 July 2008, the concept "Complex ex-professional category" was created in that year. following regulation:

(a) Those workers who, on the day immediately preceding the entry into force of the said agreement, perceive by the old concepts of basic salary, plus of assistance and punctuality, participation in benefits and (a) a salary of a higher standard than that established for the professional level to which they are attached, shall be kept the difference as a supplement to the job, called the 'ex-professional category' supplement, not being either compensable or absorbable.

(b) This supplement shall be revalued annually in the same increase as is laid down in the Convention. This supplement, since it provides a wage guarantee for those workers whose category wages were higher than the level of wages, will not be paid to those newly-entered workers.

(c) This supplement shall also be considered as an individual level salary for all purposes, and shall be included for the calculation of the extraordinary payments.

Article 20. Extraordinary rewards.

All staff will receive extraordinary gratification in each of the months of June (before the 30th day) and December (before the 22nd), the amount of which will be a monthly salary allowance for the salary tables. convention, plus the specific complement and the ex-professional category complement, if any.

Article 21. Diets and use of own vehicle.

In the case of the posting of the worker on behalf of the company, the company will pay to the worker as a whole diet and as a mean diet, the amount that is established in the Salarial Tables. The perception of the diet may be changed by agreement between the company and the worker for the compensation of the expenditure incurred.

The use of your own vehicle for the service of the company will be compensated by the credit per kilometre of the amount established in the salary tables.

Article 22. Assistance and punctuality.

As a consequence of the disappearance of the plus of assistance and punctuality, the amount of which has been integrated into the level salary, and in order to avoid an increase in the absenteeism that could result from such integration, the companies (a) to the deduction of time not worked in proportion to the annual remuneration and working time, deducted from the remuneration for the holidays. Companies shall also apply weekly deductions equivalent to the previous plus, which are shown in the table annexed to this Convention, according to the following procedure:

This deduction will not apply to people who attend work on time every day of the week.

When there is a lack of punctuality or assistance to the job, in the course of a week, the weekly deduction referred to in the appending table will be applied.

This deduction will be applied in the month, as many times as the lack of punctuality and assistance can be repeated, with the limit of once a week, and regardless of the disciplinary consequences that the reiteration could

By way of derogation from the foregoing paragraphs, such deduction shall not apply in the following cases, in particular:

a) When the worker is absent to serve union-character functions on the representative charges.

b) During the days in which the worker is absent with leave due to the death of parents, spouse, children, siblings, grandparents and grandchildren. This right may be used by couples in fact duly accredited in the relevant Register.

c) During statutory holiday periods.

(d) During the permit issued by the wife or surgical intervention of the family members referred to in paragraph b.

e) When the worker is absent due to judicial or governmental summons or to attend examination for official studies, including compulsory, to obtain the driving licence and to obtain or renew the national identity document.

f) During the days worked in the week in which the low or high caused by the work accident occurs.

All these assumptions must be sufficiently justified.

Exceptionally, it will not compute these effects the first unjustified lack of punctuality in the month.

Article 23. Night work.

The remuneration of the work of this nature, as set out in Article 36 of the Staff Regulations, shall be for each level reflected in the salary table annexed to this Convention.

Article 24. Work conditions inapplication clause.

When a company decides to apply for the non-application of working conditions in its field, it must follow the procedure laid down in Article 82.3 of the Workers ' Statute.

In relation to the procedures for effectively solving the discrepancies that may arise for the non-application of the working conditions referred to in Article 82.3 of the Workers ' Statute Similarly, the provisions contained in the Articles of application between the parties. 64 and 65 of this Convention.

Article 25. Bind award.

Companies shall, as a liaison award, pay the employees within the functional scope of this Convention as at 31 December 2014, the amount corresponding to 1,8 monthly salary allowances. level, when it is 25 years old in the company. Similarly, 2.2 monthly salary levels will be collected at the company's 30, 35, 40, 45 and 50 years.

These amounts are equal to the amount set out in Article 20, relating to extraordinary rewards.

Workers hired after December 31, 2014, will not generate the right to the perception of this prize.

CHAPTER V

Social enhancements

Article 26. Help for studies.

Each worker will be paid monthly the amount per child of school age, between 3 and 16 years, which is set in the salary tables. This assistance will be paid from the age of 3 and until the end of the course in which the student is 16 years old.

Article 27. Help with the disabled.

Workers, whatever their seniority in the company, who have children declared disabled by the competent authority, will receive from the companies an aid for each disabled child in the amount that is set out in the salary tables. This aid shall be collected only where the worker is entitled to the disability benefit provided for in the current Social Security legislation.

Article 28. Temporary incapacity.

In the event of an accident at work or occupational disease, the company will supplement the corresponding Social Security benefit from the first day, up to 100 per 100 of the worker's actual salary.

In the event of a common illness or non-work accident, the supplement provided for in the previous paragraph shall be paid under the following conditions: With hospitalization, from the fourth day of discharge to the medical discharge; hospitalization, from the 12th day of discharge to the medical discharge, with a limit of six months.

Companies will ensure payment of 50% of the daily regulatory basis during the first three days of the first common sickness or non-work accident of each year.

It is understood by hospitalization, for all the effects set forth in this Convention (permits, etc.) the hospital internment performed with a different character from the practice of being practiced medical tests.

Article 29. Disability and death aid.

Companies affected by this Convention will take out a collective insurance policy, covering the following contingencies:

Death, great invalidity or absolute validity for any cause: EUR 8,341 to the intended beneficiary.

Death, great invalidity or absolute invalidity by accident at work: EUR 16,373 to the intended beneficiary.

Total invalidity for any cause: 5,350 euros to the intended beneficiary.

Total Invalidity by accident at work: EUR 10,500 to the intended beneficiary.

Partial invalidity by accident at work: EUR 6,500 to the intended beneficiary.

For the purposes of this Article, it is understood as beneficiaries in this order, the worker, the person designated by the worker or his or her successors in title.

CHAPTER VI

Hiring

Article 30. Temporary and special recruitment.

The company will inform the employees ' representatives, of the motivating causes of the temporary recruitment, as well as of the part-time contracts, in practices, at home and in respect of those of whom derive bonus from the Social Security quota. The Enterprise Committee or, where appropriate, the Staff Delegates of the number of contracts of a temporary or special nature and of their characteristics, shall be informed of the extension of the period of validity of such contracts. of the new ones to be established. The Committee of the Company or the Staff Delegates shall be aware of the nature and development of vocational training contracts by checking the effectiveness and quality of the training, thereby making it clear that they are of a particular nature. mentioned above. Workers ' representatives shall be aware of any censuses of casual workers.

Both parties agree that the conversion of temporary contracts into indefinite contracts that occur in the sector will qualify for the benefits set out in the relevant regulations.

Article 31. Eventual contract.

The eventual contract for production circumstances, as provided for in Article 15.1.b) of the Staff Regulations, may be concluded for a maximum duration of 12 months, in a period of 18 months.

Article 32. Fixed contract discontinuous.

This is the way defined by the current legislation, which corresponds to the performance of cyclical and periodic tasks, of a discontinuous nature, within the normal volume of business activity.

The discontinuous fixed contract, within the scope of this Convention, shall be governed by the following specifications:

a) Day: The annual maximum day shall be that set out in this Collective Agreement.

b) Appeal: Discontinuous fixed workers will be called to work when there is effective work for each of them. The appeal will be made in order of seniority within each group and level. The age for the appeal will be the age at its corresponding Specialty Level.

Cessation at work will be performed in reverse order of the appeal, and in any case, once its annual agreed day, even if by its order of appeal it did not correspond to the company.

(c) As regards the provisions of Article 12 of the present Convention on the Relaxation of Working Time, it shall apply to workers on the basis of fixed-discontinuance, and shall also apply to them as provided for in Article 12 of this Convention. time limits, breaks and compensation.

As not provided for in this Article, current legislation will apply.

Article 33. Training contracts.

1. Workers with a contract in practice governed by Article 11 (1) of the Staff Regulations shall receive a remuneration equivalent to the remuneration laid down in this Convention for workers who perform the same or equivalent post. job.

2. Workers with a contract for the training referred to in Article 11.2 of the Staff Regulations shall receive the remuneration laid down in the salary tables of this Convention for workers with such a contract. These workers shall not be required to carry out chain work unless, occasionally, training needs are required, or at the time of measurement. For all other conditions, the provisions of the legislation in force contained in Law 3/2012 of 6 July and Royal Decree 1529/2012 of 8 November.

Article 34. Relief contract.

The contract of relief shall be entered into only after agreement of the parties legitimized for this purpose, under the conditions and requirements laid down in the regulations in force.

For the collectives referred to in Article 8 of the Royal Legislative Decree of March 15, the following convention will be applied to the following: " During the term of the Convention (up to 31 de In December 2016), the workers in the area of employment will be employed full-time and for an indefinite period of time when the employee is replaced by a replacement for partial retirement from the age of 60 and with a maximum reduction of 85%. day, to prove at the time of the causative fact, at least 6 years old in the company and 30 years ".

In the rest of the cases covered by the legislation in force, the relievist will remain in the company indefinitely at the end of the relief period when, even if his job is amortised, there are in the job vacancies of the same professional level and qualification.

Information on all vacancies generated in all Professional Groups will be provided to the Business Committee, as set out in Article 64 of the Workers ' Statute. In the event of a discrepancy in the existence and management of these vacancies, the matter shall be referred to the Joint Committee.

Article 35. Test period.

In the work contracts, a trial period may be agreed in writing, which in no case may exceed:

1. Levels 7 and 8: 15 working days.

2. Levels 5 and 6: one month.

3. Levels 3 and 4: two months.

4. Levels 1 and 2: six months.

5. Engaged in practices to provide services at levels 8, 7, 6, 5 and 4: one month.

6. Engaged in practices to provide services at levels 3, 2 and 1: two months.

Article 36. Ceses and preads.

1. The termination of contract termination workers shall be communicated in writing to the worker at least 15 calendar days in advance, except for contracts for interment or replacement and without prejudice to the written notification. However, without prejudice to the written notification of termination, the company may replace this notice with compensation equivalent to the amount corresponding to the days of notice omitted.

2. Likewise, workers who wish to cease voluntarily in the company's service will be obliged to communicate it in writing to the company at least 15 calendar days in advance. Companies may deduct compensation equivalent to the amount corresponding to the days of notice omitted.

Article 37. Retirement.

Retirement, in its various forms, shall be governed by the provisions of the legislation in force; however, in so far as it does not contradict that legislation and in particular in accordance with the provisions of Article 34 of the present For all the collectives referred to in Article 8 in the RDL article of 15 March of 15 March, the text of the Convention shall be maintained in respect of partial retirement and early retirement during the term of this Convention. previous to be transcribed:

1. Partial retirement.

Under Article 166.2 of the Social Security Law and Article 12.6 of the Workers ' Statute, both parties understand that this mechanism favors the generational change, as well as an adequate training for workers. new incorporated, the subjective right to apply for the company is recognized, the partial retirement and the reduction of the day, legally provided at each moment, when the established requirements are met.

The exercise of this right, once the agreement of both parties (Business-Worker) has been declared, will be regulated by the terms of Law 40/2007 of 4 December.

People who wish to retire in part must communicate at least two months in advance, committing the company in turn to act with the utmost diligence to make the necessary steps.

The percentage of the day to be performed by the partially retired worker can be continued on a continuous basis in full days, provided that this accumulation is in the interest of the practical training of the Reliever worker. In addition, the working time may be accumulated in full days, when, due to the special circumstances of the sector, the provision of services at peak periods of production will facilitate the generational change. However, the Company shall, on a monthly basis, split the payments and contributions corresponding to the said percentage of the day, over the duration of the part-time contract. The salary thus earned will be affected only by the annual revaluation that is agreed in the collective agreement, depending on the day agreed in the part-time contract.

2. Early retirement.

Businesses and workers will be able to agree, early retirement at age 64-the Worker who is sixty-four years old during the term of this Convention and intends to benefit from early retirement, established in the Royal Decree 1194/85, of 17 July, will request it in writing. The undertaking shall, within 30 days of receipt of the request, decide whether or not to accept the requested retirement. In the event of non-acceptance, it shall communicate it to the Joint Committee, stating the reasons for the simple knowledge. If the company is accepted and the company is entitled to the established benefits, it shall be obliged to hire another worker who is registered as unemployed in the relevant employment office.

The application of the provision of work by reason of a new contract may be carried out by the company in the workplace other than the one in which the retired worker paid for his services.

3. Forced retirement.

Similarly, in order to facilitate the necessary generational replacement, the retirement of the staff affected by the Convention will be forced upon the age of 65 years, provided that the current legal provisions governing the (a) the conditions and conditions and conditions laid down by them, unless the right to a contributory pension pension is not established in the social security system, in which case the employment relationship may continue, only, until such time as the minimum requirements are met for the right to be entitled to it.

CHAPTER VII

Code of Conduct

Article 38. General criteria for the code of conduct.

1. Undertakings may, in the absence of work, sanction the actions or omissions of workers who occur on the occasion or as a result of the employment relationship and who assume a contractual breach of their employment duties, and agreement with the graduation of the faults that is set out in the following articles.

2. The penalty of the faults will require written communication to the worker, stating the date and the facts that motivated it; in any case, in case of serious lack will be heard the worker previously to the sanction and in case of very serious lack Conflicting case will be dealt with.

When the infringement relates to sexual harassment, the proceedings, processing and resolution of the facts shall be carried out in accordance with the provisions of the protocol of action provided for in Article 63 of this Convention.

3. The company shall provide the legal representatives of the employees with any penalty for serious or very serious misconduct.

4. If the sanction is imposed, the temporary enforcement of the sanction may be extended to 60 days after the date of its imposition.

5. Any failure committed by the workers shall be classified, in the light of its transcendence or intention, in light, severe or very serious.

Article 39. Minor fouls.

The following are considered minor faults:

a. Unjustifiable impuntuality at the entry or exit of work of up to three occasions in a period of one month

b. The unjustified one-day inattendance at work in the one month period.

c. Do not notify on a prior basis, or if appropriate, within 24 hours, the inattendance at work, unless it is proved impossible to do so.

d. The abandonment of the service or job without justified cause.

e. Minor deterioration in the conservation or maintenance of the equipment and work material for which he was responsible.

f. The lack of attention or lack of correction in dealing with the company's customers or suppliers.

g. Do not communicate to the company the changes of residence or domicile, provided that they may cause some type of conflict or harm to their colleagues or to the company.

h. Do not communicate with the punctuality due to the changes experienced in the worker's family/to have an impact on the Social Security or the tax administration.

i. All those faults that assume non-compliance with prescriptions, orders or mandates of a superior in the regular exercise of their functions, that do not behave prejudice to the company or risks to the people and the things.

j. Inattendance at courses of theoretical or practical training, within the ordinary working day, without proper justification.

k. Discuss with colleagues, with clients or suppliers within the workday.

l. The inebriation or consumption of drugs not usual at work.

Article 40. Serious fouls.

The following are considered to be serious faults:

a. The unjustifiable impuntuality at the entrance or exit of the job on more than three occasions in a period of one month.

b. Non-justified inattendance at work of two to four days, over the period of one month. A single failure to work shall be sufficient where the work is affected by the replacement of a partner or if, as a result of the inassistance, the undertaking is subject to any consideration.

c. The malicious distortion or omission of data that has a tax impact or a social security.

d. Surrender to games or distractions of any kind during the working day in a repeated manner and thereby causing injury to the development of work.

e. The abandonment of service or the post of work without justified cause, if any consideration is given to the undertaking as a result.

f. Disobedience to the orders or mandates of persons who are organically dependent on the regular exercise of their duties.

g. The lack of grooming and personal cleansing that produces justified complaints from coworkers and provided that they have previously mediated the timely warning by the company.

h. Impersonate another worker, by altering the records and input or output controls to the job.

i. Negligence or neglect of work affecting the good progress of the work, provided that it does not result in serious harm to persons or things.

j. The realization without prior consent of the company of particular works, during the working day, as well as the employment for own or other uses of the useful, tools, machinery or vehicles of the company, even outside of the day

k. The recidivism in the commission of a slight lack even if it is of different nature, within a trimester and having mediated sanction.

l. The inebriation or consumption of drugs, not usual, if they have a negative impact on the job or constitute a harm or danger in the level of protection of the safety and health of workers at work.

m. Environmental sexual harassment that manifests in verbal or physical offenses, lack of respect for the privacy or dignity of persons, without prejudice to the provisions of Article 41 n.

Article 41. Very serious fouls.

The following are considered to be very serious:

a. Unjustifiable impuntuality at the entrance or exit of the job on more than ten occasions during the six-month period, or more than twenty in one year.

b. Inattendance at work for three consecutive days or five alternate days in a period of one month.

c. Fraud, disloyalty or breach of trust in the management and theft or theft, both to your colleagues and to the company or to any other person within the company's premises, or during work in any other place.

d. The simulation of illness or accident. It will be understood that there is an infraction of work, when the worker is in the absence of any of the causes mentioned, doing work of any kind on his own or foreign account. Any manipulation carried out to prolong the discharge by accident or disease shall also be considered to be very serious.

e. The abandonment of the service or job without cause for a short time, if, as a result of it, is caused by considerable damage to the company or to the workers, to the danger of safety or to the cause of accident.

f. The violation or violation of secret obligation of the company.

g. The performance of activities involving unfair competition to the company.

h. Voluntary and continuous decline in the performance of normal or agreed work.

i. The ill-treatment of words or work, the lack of respect and consideration of their superiors or their relatives, as well as their coworkers, suppliers and clients of the company.

j. The recidivism in serious misconduct, even if it is of different nature, provided that the faults are committed in the two-month period and has mediated sanction.

k. The disobedience to the orders or commands of his superiors in any matter of work, if it implies a noticeable disservice for the company or his colleagues of work, except that they are due to the abuse of authority. They shall be treated as an abuse of authority, acts performed by managers, heads or intermediate officers, with a manifest and deliberate infringement of the legal provisions, and with prejudice to the worker.

l. Negligence or neglect in the work affecting the good progress of the work, provided that this is caused by serious injury to the company, persons or things.

m. Any conduct or conduct, in the field of work, that atents to the respect of the privacy and dignity of the woman or the man through the offence, physical or verbal, of a sexual character. If such conduct or behavior is carried out by prevalding its hierarchical position, it will constitute an aggravating circumstance.

n. Sexual harassment, as well as the sexual harassment of racial or ethnic origin, religion or belief, disability, age or sexual orientation or gender, the employer or the people working in the company.

Article 42. Infringements in the field of risk prevention.

Non-compliance by workers with the obligations laid down in Article 29 of the Law on the Prevention of Occupational Risks may be punished as a minor fault.

Where serious damage to the company, damage to the premises or machines, or the resulting or arising out of serious consequences for the individual, is caused by the non-compliance, it may be punished as a fault severe.

When you are at risk of an accident with very serious consequences for people or give rise to it, they will be punished as a very serious matter.

Article 43. Penalties.

The maximum penalties that may be imposed by the commission of the faults identified are as follows:

a. For minor fouls: Amonstation in writing.

b. For serious faults:

Admonishment in writing.

Suspension of employment and salary of two to twenty days.

c. For very serious faults:

Admonishment in writing.

Suspension of employment and salary of twenty-one to sixty days.

Firing.

Article 44. Prescription.

Depending on your graduation, the faults prescribe the following days:

Minor Faults: Ten Days.

Severe Faults: Twenty days.

Fatal faults: Sixty days.

The prescription of the faults indicated will begin to count from the date on which the company became aware of its commission and, in any case, within six months of having been committed.

CHAPTER VIII

Trade union rights

Article 45. General trade union rights.

The following are set:

(a) Companies will respect the right of all workers to be freely given to a particular trade union; they may hold meetings, collect fees and distribute union information, all outside the hours of Without disturbing the normal activity of the company, nor disrupting the development of the production process.

The communication between the various committees will be facilitated in those companies with several work centres, within the limits of the availability of the monthly hours provided for in Article 68 (e) of the Staff Regulations. Workers.

(b) In workplaces with a workforce of more than 100 employees, notice boards shall be made available to the trade unions and the Committee or Personnel Delegates. In any event, the companies will make notice boards or similar form of communication available to the workers ' representatives. Any communication that is stipulated or inserted in bulletin board will be previously addressed, by copy, to the Work Center Address.

(c) The trade union representatives who participate in the collective bargaining commissions, while maintaining their links as workers in an enterprise, will be granted paid leave by the companies, in order to facilitate their work as negotiators during the course of the above negotiation, provided that the company is affected by the negotiation in question.

(d) The temporary workers will not be discriminated against in their union action, although in the exercise of their trade union rights the temporary nature of their contracts will not be disclosed. They may elect representatives in accordance with the provisions of Article 72 of the Staff Regulations, whatever the modality of temporary employment.

Article 46. Trade union sections and delegates.

1. Trade union sections: Trade union sections of the most representative trade unions of those with representation in the Enterprise Committee or with Staff Delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to trade union members and workers in general, the company shall make available to it a notice board to be placed in the work centre and where appropriate access to the same worker is ensured.

b) To collective bargaining, in the terms set out in the specific legislation.

c) The use of a suitable premises where they can develop their activities in those companies or workplaces with more than 250 workers.

2. Union delegates: In companies or, where appropriate, in the job centres that occupy more than 250 workers, whatever the class of contract, the trade union sections that may be constituted by the workers affiliated to the trade unions with presence in the Enterprise Committees, shall be represented, for all intents and purposes, by the trade union delegates elected by and among their affiliates in the enterprise or in the workplace.

The number of union delegates per union section of the trade unions that have obtained 10 per 100 of the votes in the election of members of the Enterprise Committee, will be determined according to the following scale:

250 to 750 workers: One.

From 751 to 2,000 workers: Two.

From 2,001 to 5,000 workers: Three.

From 5,001 onwards: Four.

Trade union sections of those unions that have not won 10 per 100 of the votes in their election will be represented by a single union delegate.

In accordance with the foregoing, the legally constituted union shall communicate in writing to the Company's Directorate the person or persons who shall perform the duties of the trade union delegate.

Article 47. Duties of trade union delegates.

The union delegates have the following functions:

1) Represent and defend the interests of the union to whom it represents, and of the members of the union in the company, as well as to serve as an instrument of communication between its central or trade unions and the Directorate of the respective companies.

2) Attend meetings of the Enterprise Committees and the company's internal organs in the field of safety and hygiene, with voice and no vote.

3) You will have access to the same information and documentation that the company must make available to the Business Committee, in accordance with the provisions of the Law, being obliged to keep professional secrecy in the fields legally applicable. They will hold the same guarantees and rights as recognized by the Law, Collective Agreements, etc., to the Enterprise Committees.

4) They will be heard by the company in the treatment of those problems of a collective nature that affect the workers in general and the members of the union.

5) They shall also be informed and heard by the company on the basis of:

a) About layoffs and penalties affecting union affiliates.

(b) In the case of restructurings of staff, regulations on employment, the transfer of workers when they are a collective magazine or the general working centre, and in particular any project or business action which may affect substantially to the interests of the workers.

c) The implementation or review of work organization systems and any possible consequences.

6) In the case of meetings, as regards procedure, both parties will adjust their conduct to the current legal regulations.

7) The trade union delegate, for the purposes of the accumulation of trade union hours, will be considered as a member of the Enterprise Committee. In this respect, it shall only be entitled to accumulate such hours in those members of the Enterprise Committee belonging to its same trade union centre.

8) They may collect fees from their affiliates, distribute union propaganda and hold meetings with them, all outside of effective working hours.

Article 48. Union quota.

At the request of the employees affiliated to the central or trade unions representing the representation referred to in this paragraph, the companies will discount the amount of the union quota on the monthly workers ' payroll corresponding. The worker concerned in carrying out such an operation shall forward to the Management of the undertaking a letter in which the order for the discount, the central or the union to which it belongs, the amount of the quota, and the number of the current account or savings book to which the corresponding amount must be transferred. The undertakings shall carry out the following measures, unless otherwise specified, for periods of one year. The Company's Directorate will deliver a copy of the transfer to the union representation in the company, if any.

Article 49. Functions of the Staff Committee and Delegates.

Without prejudice to the rights and powers granted by the laws, the following functions are recognized to the Company and Delegates of Personnel Committees:

a) Be informed by the Company Address:

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

2. Annually, to know and to have at its disposal, the Balance, Account of Results, the Memory and, in the case that the company magazine the form of society by actions or participations, of how many documents are made to know the partners.

3. Prior to their execution by the undertaking, on the restructuring of staff, total or partial closures, final or temporary, and the reductions in day, on the total or partial transfer of the business premises and on the company's vocational training plans.

4. Depending on the subject matter in question:

On the implementation or revision of systems of work organization and any of its possible consequences, studies of times, establishment of systems of premiums or incentives and valuation of jobs.

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

Know the written work contract models that are used, as well as the documents relating to the termination of the employment relationship. This will be extended to contracts concluded with temporary work companies, on making available.

On penalties imposed for very serious misconduct and, in particular, on dismissal scenarios.

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

b) Exercise a surveillance task on the following subjects:

1. Compliance with the existing rules on employment and social security, as well as the respect of the agreements, conditions or uses of the company in force, making, where appropriate, the appropriate legal actions before the company and the agencies or competent courts.

2. The quality of teaching and the effectiveness of teaching in the training and training centers of the company.

3. To participate, as a regulation is determined, in the management of social works established in the company for the benefit of the workers or their family members.

4. Collaborate with the company's management to achieve the fulfillment of how many measures to maintain and increase productivity in the company.

5. The Committee on Enterprise is recognised as a body to be a collegiate body in order to exercise administrative or judicial action in all matters relating to its jurisdiction.

6. The members of the Enterprise Committee, as a whole, shall observe professional secrecy in respect of numbers 1, 2, 3 and 4 of Article 64 (1) of the Staff Regulations, even after they have no longer been a member of the Committee of Company and, in particular, in all matters on which the Directorate expressly points out the reserved character.

7. The Committee will ensure not only that in the selection of staff the agreed rules are complied with, but also by the principles of non-discrimination, gender equality and the promotion of a rational employment policy.

8. They shall ensure that the working conditions are in accordance with the safety and hygiene rules laid down in the legislation in force and in the requirements set out in this Convention.

Article 50. Guarantees.

The Company or Staff Delegates Committees will have the following guarantees:

1. No member of the Staff Committee or Staff Delegate may be dismissed or punished during the performance of his duties or within the year following his or her termination, unless the latter occurs by revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker in the legal exercise of his representation. If the dismissal or any other penalty for alleged serious misconduct is due to other causes, a contradictory file shall be dealt with, in which the interested party, the Business Committee or the other Staff Delegates and the Delegate shall be heard. of the union to which it belongs, in the event that it is recognised as such in the company.

In the event of dismissal of legal representatives of workers, the option will always be the same, being obliged to take back if the worker chooses this.

They will have priority of staying in the company or workplace, in respect of other workers, in the cases of suspension or extinction due to technological or economic causes.

2. They may not be discriminated against in their economic or professional promotion, because of the performance of their representation.

3. They will be able to exercise the freedom of expression within the company in the matters of their representation, being able to publish or distribute, without disturbing the normal development of the productive process, those publications of work interest or social, communicating all of this in advance to the company and exercising such tasks in accordance with the regulations in force.

4. They shall have the credit of paid monthly hours that the Act determines.

It will be possible at the company level, to accumulate the hours of the different members of the Committee and Delegates of Personnel, in one or more of its components, without exceeding the total maximum that determines the Law, being able to be relieved or relieved of the works without prejudice to their remuneration. This should be communicated to the company.

In addition, it will not compute, within the legal maximum of hours, the excess over the same one will occur on the occasion of the designation of Delegates of Personnel or members of committees as components of negotiating commissions of agreements collective agreements in which they are affected and as regards the holding of official sessions through which such negotiations will take place, and where the undertaking concerned is affected by the field of negotiation referred to.

5. Without exceeding the legal maximum, the paid hours available to the members of staff committees or delegates may be consumed, in order to provide for the assistance of such committees to training courses organised by their trade unions, training or other entities.

Article 51. Assemblies.

Workers at a working centre have the right to meet in Assembly, which will be convened and chaired in any case by the Enterprise Committee or by the Staff Delegates jointly; the call and the order of the day, will be previously transferred to the Company Address.

The meeting site will be the job center and take place outside of the work hours.

The entrepreneur will make it easier to local if the job center meets conditions for it.

The employer may refuse the premises for the Assembly if the workers do not comply with the above provisions, if less than two months have elapsed since the last meeting, and in the case of legal closure of the company.

Information meetings on collective agreements that apply to them shall not be affected by the limitation of the two months referred to in the preceding paragraph.

CHAPTER IX

Security and Health

Article 52. Safety and occupational health.

I. In compliance with the duty to the effective protection of the safety and health of workers, he/the employer shall take all necessary measures: risk assessment, information, training, health surveillance, participation and consultation with the prevention delegates.

The employer will develop a permanent action to combat the risks in accordance with the principles of occupational health and safety and occupational health risks.

On the other hand, the individual workers who are considered are obliged, after sufficient and adequate information and training, theoretical and practical, referred to in paragraph IV, to comply with the instructions. received in the field of Safety and Health. In particular, they shall be advised on the use of means and personal protective clothing.

II. In the work centres of less than 50 employees, a Delegate/a Delegate shall be selected from among the delegates of staff; in the others it shall be applicable as laid down in Law 31/1995 on the Prevention of Risks. Labor, and other legal provisions in place at any time.

In those whose workforce is equal to or greater than 50 workers, a Committee on Occupational Safety and Health will be set up.

The Prevention Delegates will have the guarantees set forth in the current Law 31/1995, of the Prevention of Labor Risks, and other provisions in force in the field.

The time for meetings of the Committee on Safety and Health and any other meetings of the employer in respect of the time taken shall not be imputed to the time credit referred to in Article 50 of this Convention. prevention, as well as that intended for the visits provided for in points (a) and (c) of Article 36 of Law 31/1995, of the Law on the Prevention of Occupational Risks.

Also, the Prevention Delegates will have the paid leave necessary for the assistance to training courses in the field of Safety and Health and be called by the official agencies or institutions. competent in the field (art. 37.2 of Law 31/1995) or by the services of the trade union organizations which are signatories to this Convention, in matters which are empowered by the competent bodies. The enjoyment of these permits must be authorized by the company. In the event of a refusal, recourse may be made to the Joint Joint Committee of the Convention, which shall take a decision.

III. The Committee on Safety and Health at Work, previously convened in accordance with the provisions of Article 38 of the Law 31/1995 on the Prevention of Occupational Risks, shall meet on a quarterly basis with an ordinary character and, in addition, when requested by the majority of its members or the entire representation of staff on that Committee.

For these purposes, as well as to exercise your powers of proposal to take other specific joint agreements in your case, it is understood that the members appointed by the employer/the employer always and exclusively have a number of votes equal to that of representatives appointed by the staff.

For each meeting of the Committee on Safety and Health, the corresponding record will be extended, one of whose copies will be given to each of the delegates of the Trade Union Sections referred to in the Article 46 of this Convention.

IV. In application of the Law on the Prevention of Occupational Risks, all companies are obliged to ensure that each worker receives sufficient and adequate theoretical and practical training in preventive matters, both at the time of his/her recruitment, is the mode or duration of the mode, such as when changes occur to functions that perform or introduce new technologies or changes to work equipment.

Training may be provided by means of its own or by concerting it with non-approved services. The legal representation of the staff must be informed of the training processes that the company develops in accordance with this paragraph.

V. The Committee on Safety and Health, together with the Prevention Services, will have the powers and responsibilities assigned to the legal provisions in force at any time.

VI. The main undertaking shall lay down the measures necessary for the coordination of activities relating to the prevention of occupational risks, with the undertakings or services undertakings, in order to ensure that the staff are the same conditions. The safety of their workers.

The bodies responsible for the prevention of the main undertaking will have, in this field, the powers to be established in the measures envisaged for the coordination of prevention activities.

Article 53. Health surveillance.

Companies will guarantee workers and workers at their service, the periodic monitoring of their health status according to the risks inherent in the work they do (incorporating health information to the workers). Risk assessments and Prevention Plans).

This medical surveillance will be performed with a minimum periodicity established in the various protocols by the Health specialists of the Prevention Services or contracted.

To this end, the company will inform the Prevention Delegates and the Health and Safety Committee of the Prevention Service through which health surveillance will be carried out. In the event that an alien Prevention Service is chosen, it will provide both the Prevention Delegates and the Committee on Safety and Health with information about the technical characteristics of such a concert.

This health surveillance shall be carried out in accordance with the specific protocols derived from risk assessments or health authority criteria.

The rest of the health surveillance tests must be voluntary, except in the cases of risk to third parties. The information will be given individually to each worker/to the confidentiality (except express authorization). This surveillance should be ensured after incorporation into the work or a new job and after a prolonged absence due to health reasons.

The employer shall ensure that the workers at their service are regularly monitored for their health in the light of the risks inherent in the work.

This surveillance can only be carried out when the worker gives his/her consent. Of this voluntary nature, only the cases in which the conduct of the surveys are essential for assessing the effects of the working conditions on the health of workers or for verifying whether the state of work is necessary shall be exempt. the health of the worker may constitute a danger to the worker himself, to other workers or to other persons connected with the undertaking or where he is established in a legal provision in relation to the protection of specific risks and activities of particular hazard.

In any case, you will have to choose to carry out those examinations or tests that cause the least discomfort to the worker and that are proportional to the risk.

Measures for the supervision and control of workers ' health shall be carried out in accordance with the right to privacy and the dignity of the person of the worker and the confidentiality of all related information. with your health status. Notwithstanding the foregoing, the employer and the persons or bodies with responsibility for prevention shall be informed of the findings arising from the examinations carried out in relation to the ability of the worker to the performance of the job or the need to introduce or improve the protection and prevention measures, so that they can properly carry out their preventive functions.

Medical acknowledgements will be performed at work time.

Health screening will be performed in accordance with the provisions of the Prevention Services Regulation.

Article 54. Staff with diminished capacity.

1. In cases where the mobility of staff is necessary because of the diminished capacity of the worker and he has his or her origin in a occupational disease or accident at work, provided that he does not prevent him from developing another In this case, the management will be able to choose the worker between the salary and the premium corresponding to the new job, or the salary and premium of the former, in this second case, the premium that is will be the average of the one obtained in the year before the change of job and will be reviewed annually increasing by the same percentage as that set for your old salary.

2. Where the decrease in capacity has its origin in natural physical wear in the company or any other disease, provided that it does not prevent it from developing another job, the Directorate will be able to attach to this staff more appropriate, assign to the worker, without any option, the salary and the premium corresponding to the new job.

3. In any case, the representation of the workers shall be informed in advance.

Article 55. Pregnant woman.

Any pregnant woman, prior to the report of the doctor of company or of the specialist or Service of external prevention, if that does not exist, and when the worker or the company so request, if she develops a painful, or dangerous job for your state, you will be temporarily changed from your job to another more comfortable, if any, without risk to your state, retaining the right to reintegrate into your original position and level.

In this case, the Directorate of the company, heard by the Committee of the Company or the Delegate/Staff, will designate the person who will have to cover the post left vacant by the pregnant woman, and that due to the character of The provisionality of the situation will be incorporated in your previous post, when the pregnant woman rejoins her post of origin.

Both the pregnant worker and the worker/affected by the change will receive the remuneration corresponding to the position they occupy at any time.

CHAPTER X

Principle of equality and non-discrimination

Article 56. Formalization.

The organizations that have signed the Convention, aware of their responsibility in the configuration of a framework of industrial relations that guarantees the practical effectiveness of the principle of equality and non-discrimination recognized in the Articles 14 of the Spanish Constitution and 4.2.c) and 17.1 of the Workers ' Statute, they wish to express express in this text of their will to influence-by way of regulations, even-in the overcoming of the negative conditions that are They are based on the basis of attitudes of segregation, intolerance or contempt. are sexist, racist, xenophobic, religious, ideological, cultural or social.

Article 57. Principle of equal treatment and opportunities.

Women and men are equal in dignity, as well as in rights and duties. The principle of equal treatment between women and men implies the absence of any discrimination, whether direct or indirect, by reason of sex, and, in particular, those arising from maternity, the taking of family obligations and the marital status.

By means of the regulation contained in this chapter, the right of equal treatment and equal opportunities, among women and men, in the sector of the state of the metal sector, in particular through the elimination of discrimination against women, regardless of their circumstances or conditions, in accordance with the provisions of the Organic Law 3/2007.

Article 58. Non-discrimination in industrial relations.

The principle of equal treatment and equal opportunities for women and men, applicable in the field of work in the metalworking sector, will be guaranteed, in the terms laid down in the applicable legislation, on access to employment, in the vocational training, in professional promotion, in working conditions, including remuneration and redundancy, and in membership and participation in trade unions and employers ' organisations.

Measures for the effective implementation of the principle of equal treatment and non-discrimination in working conditions between women and men, including those for positive action, are as follows:

1. Access to employment. -No one can be discriminated against because of sex in access to work. Job vacancies must, in any case, be made to both men and women, not being able to exclude, directly or indirectly, any worker or worker by reason of their sex.

Personnel selection tests performed by companies will not be able to establish a difference or advantage related to the sex of those who aspire to the selection. Employment contracts may not be determined in the light of the sex of the worker or worker, except for the establishment of positive action measures in favour of the least-represented sex which may be established in the field of employment. of the company.

2. Professional classification. -The system of professional classification, which establishes this convention, is based on common criteria for workers of both sexes and has been established to exclude discrimination based on sex.

3. Professional promotion.-In matters of professional promotion and promotion, the overcoming of the deficit of the presence of women (or of the less represented gender) in the case that exists, through the introduction of measures of positive action established in the legislation in force at any time.

4. Vocational training.-In the training activities of the companies, their staff will be guaranteed access with absolute respect to the principle of equal treatment and equal opportunities for women and men. For this purpose, quotas, reserves or other advantages may be established in favour of workers of the least-represented sex, in the field to which those activities of vocational training are intended.

5. Remuneration.-For the same work or for a work to which the same value is attributed, discrimination shall be eliminated, either directly or indirectly, by reason of sex, in all the elements and conditions of the remuneration. The collective agreements of the metalworking sector, whatever their scope, in the setting of remuneration levels, salary tables and the determination of any salary supplement or extranalarial allowance, shall be made in particular by the application of this the principle of equal pay on grounds of sex, in particular by monitoring the exclusion of indirect discrimination. The non-sexist names of professional groups and levels set out in Chapter II of this Convention governing the system of professional classification must be reproduced by the collective agreements at the lower level in their case, in the establishment of their salary levels and salary tables.

6. Other working conditions.-In the determination of the other working conditions, including those relating to the termination of the contract of employment, the sex of the worker or worker concerned shall not be taken into account unless there is a established as an express measure of positive action, in order to facilitate the recruitment or maintenance of the employment of workers, the sex of which is less represented and provided that it is reasonable and proportionate.

7. Protection against discrimination based on sex and sexual harassment. It will not be tolerated in companies in the metalworking sector, the situation in which unwanted behaviour occurs, related to the sex of a person, with the purpose or the effect of attacking the dignity of the person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. The situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs, with the purpose or effect of attacking the dignity of a person, in particular when creating an environment, shall not be tolerated. intimidating, hostile, degrading, humiliating or offensive.

Article 59. Equality plans and other measures to promote equality.

1. Companies in the sector are obliged to respect equal treatment and opportunities in the field of employment and, for this purpose, must take measures to prevent any kind of discrimination between women and men, they must negotiate, and in their case agree, with the unitary and trade union representation, if any, with the scope and content set out in this chapter.

2. In the case of companies in the metalworking sector of more than two hundred and fifty workers, the equality measures referred to in the previous paragraph shall be directed towards the negotiated preparation and implementation of an equality plan, with reference to in terms of scope and content as set out in this chapter.

3. The development and implementation of equality plans will be voluntary for other companies, after consultation with the unitary and union representation bodies.

4. The plans for equality of enterprises are an ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving equality of treatment and opportunities between women and men in the enterprise and eliminating the discrimination on grounds of sex.

5. The equality plans shall determine the specific objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective monitoring and evaluation systems for the objectives set.

6. In order to achieve the objectives set, the equality plans shall include, inter alia, matters of access to employment, professional classification, promotion and vocational training, remuneration, organisation of working time, conciliation of personal, family and work life, and the prevention of sexual harassment and harassment on grounds of sex.

7. The equality plans shall include the whole of a company, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

8. In any case, the access of the unitary and trade union representation or, failing that, of the workers concerned themselves, to the information on the content of the equality plans and the achievement of their objectives, is guaranteed.

Article 60. Situation diagnosis.

In order to establish the objectives of equality which should be achieved, companies will make a diagnosis of the situation by obtaining data disaggregated by gender in relation to the conditions of the work, with particular reference to matters such as access to employment, training, professional qualifications, the remuneration and management of working time, and the reconciliation of personal, family and work life. All for the purposes of finding, if any, the existence of situations of unequal treatment or opportunities between men and women lacking objective and reasonable justification, or situations of discrimination on grounds of sex, assume the need to set those objectives.

Of all this, the companies will give written account to the unitary labor representation and, if any, union, being able such representations to issue the corresponding report if they consider it appropriate.

The situation diagnosis should provide data disaggregated by sex. Attached model in Appendix II

The criteria and channels of information or communication used in the selection, training and promotion processes should also be diagnosed, the methods used for the description of professional profiles and posts of work, language and content of job vacancies and application forms to participate in the selection, training and promotion processes.

In Appendix II to this Chapter, a situation diagnosis template is incorporated into the enterprise of effective equality of women and men in order to provide a reference for the work of data collection for carry out the corresponding diagnosis and assessment of the situation of equality, which may be used by companies in the sector.

Article 61. Objectives of the equality plans.

Once the diagnosis of the situation has been carried out, the concrete objectives to be achieved can be established on the basis of the data obtained and may consist of the establishment of positive action measures such as those identified in the This chapter covers issues where the existence of situations of inequality between women and men lacking objective justification has been established, as well as in the establishment of general measures for effective implementation. of the principle of equal treatment and non-discrimination.

Such objectives, which will include strategies and practices for their achievement, will preferably be aimed at areas of access to employment, classification, professional promotion and training, remuneration and management of working time to promote, in terms of equality between women and men, personal, family and work reconciliation, and prevention of sexual harassment and harassment on grounds of sex, and the following may be established among others:

(a) Promote selection and promotion processes on equality that prevent vertical and horizontal segregation, consisting in the maintenance, where appropriate, of situations of work and professional activity distributed by reason of sex, or occupation to a greater extent from positions of responsibility on the part of men to the detriment of women, as well as to avoid the use of sexist language. This will aim to ensure transparent selection procedures for entry into the company through the non-discriminatory drafting and dissemination of job vacancies and the establishment of objective and appropriate tests for the requirements of the of the position offered, related exclusively to the assessment of individual skills and abilities.

b) Promote the inclusion of women in positions involving command or responsibility.

c) Establish specific programs for the selection and promotion of women in positions in which they are underrepresented.

d) Review the impact of the different forms of recruitment on the workers ' collective in relation to workers and take corrective action in the event of a higher incidence of workers, of the forms of hiring used.

e) Ensuring equal access for women and men to the training of both internal and external enterprises, in order to ensure that women remain in employment, developing their training level and adaptability to the requirements of the demand for employment.

f) Specific information for women in training courses for positions that have traditionally been held by men.

g) Conduct specific courses on equal opportunities.

h) Review the supplements that make up the salary to verify that they are not closing discrimination against women workers.

i) Promote processes and set deadlines to correct the possible gender pay gaps between men and women.

j) To achieve greater and better reconciliation of the personal, family and work life of men and women through awareness campaigns, dissemination of permits, existing legal surplus or other measures.

k) Establish measures to detect and correct possible risks to the health of women workers, especially pregnant women, as well as actions against possible cases of sexual, sexual and sexual harassment.

Article 62. Development and monitoring of equality plans.

Once the situation diagnosis has been made, the metalgraphic companies affected by this chapter will have to negotiate, with the unitary labor representation and, where appropriate, the union representation, the corresponding plan of equality under the principle of good faith.

Once the equality plan has been implemented, the company will inform the unitary and union representation on an annual basis about its evolution, with the latter being able to issue a report if they consider it appropriate.

Companies will have a period of 12 months from the publication of the agreement in the "Official State Gazette", in order to apply the provisions of the previous articles for the preparation of the first plan of the equality.

The equality plan will last for four years, after which the content of the equality plan will be reviewed, applying the provisions of this chapter.

Article 63. Specific measures to prevent sexual harassment and harassment by reason of sex in work and protocol of action.

1. Introduction.-Companies should promote working conditions that prevent sexual harassment and harassment on the basis of sex and to arbitrate specific procedures for their prevention and to give caution to complaints or complaints that they may formulate. who have been the subject of the same.

To this end, measures can be established to be negotiated with unitary labour representation and, where appropriate, union representation, such as the elaboration and dissemination of codes of good practice, carrying out information campaigns or training actions.

Both unitary and union representation should contribute to the prevention of sexual harassment and harassment on the basis of sex at work by raising awareness among workers and workers, informing the the company's management of the behaviors or behaviors on which they were aware and which could lead to it.

2. Definition. -Article 7 of the Organic Law 3/2007, of March 22, for the effective equality of women and men, defines sexual harassment as any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect to attack the dignity of a person, in particular when creating an intimidating, degrading or offensive environment and harassment by reason of sex such as any behaviour performed according to the sex of a person, with the purpose or the effect of attacking their dignity and creating an intimidating, degrading or offensive environment.

3. Adoption of a code of conduct. -Without prejudice to the provisions of this Article, as a preventive measure in sexual harassment and harassment situations on the basis of sex, it is proposed to adopt by companies in the sector, with appropriate adaptations, of the 'Code of Conduct on Measures to Combat Sexual Harassment', drawn up by the Commission of the European Communities, pursuant to the Commission Recommendation of 27 November 1992 on the protection of the dignity of the child the woman and the man at work, which is listed as Appendix I to this Chapter.

The purpose of the code of conduct, which must be disseminated within the companies, is to provide them and their staff with practical guidance on the protection of women and men at work, and to establish clear and precise recommendations and procedures to prevent sexual harassment and harassment on grounds of sex.

4. Protocol for the action of metalworking companies in cases of sexual harassment and harassment on grounds of sex. -The principles on which the action protocol is based are the effectiveness and effectiveness of the procedures, as well as the speed and the confidentiality of the proceedings.

(a) Informal procedure.-In the light of the fact that in most cases the intention is simply that the undesired conduct should cease, first and as an unofficial procedure, the possibility of following a informal procedure, under which the person concerned clearly explains to the person showing the unwanted behaviour, that such conduct is not well received, offensive or uncomfortable, and that it interferes in his work, in order to to cease in the same.

Such an unofficial procedure may be carried out, if the person concerned so decides and, at his or her choice, by a representative of the workers in the company, both the unitary and, where appropriate, the trade union body, by the immediate superior, or by a person responsible for the company's personnel department.

This procedure could be appropriate for the alleged non-direct, but environmental, workplace harassment, in which what is affected is the work environment, creating an offensive, humiliating, intimidating or hostile.

(b) Formal proceedings. -In cases where, as a result of direct harassment, due to the circumstances of the case, or because the informal procedure has been unsuccessful, the procedure is not appropriate, formal procedure.

1. The formal procedure shall be initiated with the submission of a letter, which shall include the list of incidents, as detailed as possible, drawn up by the person concerned who is the subject of sexual harassment.

The person to whom the letter is addressed shall be, at the choice of the person concerned, a person responsible for the department of staff, or a person from the management of the company. Also, if the worker or worker so decides, a copy of the same will be transferred to the unit and union representation in the company.

2. The presentation of the document shall give rise to the immediate opening of an information file, which is intended to ascertain the facts, giving a hearing to all the interveners, including the unitary representations and, where appropriate, union if the person concerned is not opposed, and the necessary steps are taken to clarify the veracity of the events.

3. During the processing of such actions, those involved shall be allowed, if they so wish, to change the position of work, provided that this is possible, until a decision has been taken in this respect.

4. The intervention of all the actuators, including any witnesses and, where appropriate, the unitary or trade union representatives of the staff, must observe the confidential nature of the proceedings, for directly affecting the privacy, dignity and honorability of people. Due respect will be observed both to the person who has filed the complaint and to the person who is the subject of the complaint.

5. The finding of the existence of sexual harassment or by reason of sex shall result in the imposition of the penalties provided for in the code of conduct of this Convention.

6. Where the finding of the facts is not possible, and no disciplinary action is taken, in no case will the complainant be represented, rather the situation will be monitored with particular attention to ensure that the harassment is not produces. In addition, and whenever possible, an organisation of work shall be sought to prevent the continued contact of those affected.

However, if the conduct of sexual harassment or harassment on grounds of sex involves or involves, by its evidence, notoriety or gravity, a direct or immediate attack on the dignity of the woman or man, the company shall take the measures Any disciplinary action that may be considered appropriate, without the need to refer to this procedure.

APPENDIX I

Code of conduct on sexual harassment and harassment on grounds of sex for companies in the Metalgraphic Sector

I. The management of the company expresses its concern and commitment to avoid and resolve the alleged sexual harassment and harassment on the basis of sex, and to such effects it expresses its wish that all personnel be treated with dignity, not allowing tolerating sexual harassment and harassment on the basis of sex at work.

II. Sexual harassment means the situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs for the purpose or effect of attacking the dignity of a person, in particular when creating an environment bullying, hostile, degrading, humiliating or offensive. Sexual harassment is understood to mean any behavior performed according to the sex of a person, with the purpose or effect of attacking his or her dignity and creating an intimidating, degrading or offensive environment.

III. All people have a responsibility to help create a working environment in which dignity is respected. For their part, the persons in charge of each department shall ensure that sexual harassment and harassment on grounds of sex in the sectors under their responsibility do not occur.

IV. All staff have the right to file a complaint if sexual harassment or sexual harassment occurs; these complaints will be treated with seriousness, readiness and confidentiality. They shall contain the description of the incidents and must be addressed, at the choice of the person concerned, to a person responsible for the department of staff or to a person from the management of the undertaking, in accordance with the terms laid down in the Chapter X of the State Collective Convention of the Metalgraphic Industry.

V. Article 41 of the aforementioned convention provides that it may be considered until very serious, punishable by suspension of employment and pay of 21 to 60 days or with disciplinary dismissal, " any conduct or conduct, in the field of employment, which is binding respect for the privacy and dignity of women or men through physical or verbal offence, of a sexual nature. If such conduct or behavior is carried out by prevalding a hierarchical position, it will constitute an aggravating circumstance of that position. "

In cases where a person incurs sexual harassment or harassment on grounds of sex, the person shall be punished as required by the prescribed provision.

APPENDIX II

Situation diagnostic template between women and men in metal companies

This template must be made by job center, as well as globally for the entire enterprise.

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CHAPTER XI

Joint Commission

Article 64. Joint Joint Committee.

A Joint Joint Committee is set up comprising five representatives of the workers and five of the employers, who are elected by the trade union members who are signatories to the Convention and the latter by the AME. the person to be appointed by the Commission by agreement of both parties, although it may act without President, if agreed. The parties may be assisted by advisers, with a maximum of two for each of them.

1) The Joint Joint Committee will be committed:

(a) As a main function, interpret the clauses of the Convention, and the development of all those issues arising from its application, as well as inform and advise on the initiative of the interested party on the application of the In the case of an arbitration in the contested questions, which shall be held for a month, it shall also, at the request of one of the parties, appoint an arbitrator to decide on the question referred.

(b) A functional division of its task shall be established by means of specialised committees, with the establishment of specific working groups with a mixed character at the zonal level for specific cases, which shall inform the Joint Joint Committee in order for the resolution to be taken.

c) Special attention will be paid to the implementation of the current legislation on the prevention of occupational risks, with the relevant studies being carried out in order to implement this legislation in practice in the sector metallographic. The work shall be carried out within the period of validity of this Convention.

2) Take Action Procedure:

Claims to the Joint Commission may be made by the Company, the Enterprise Committee, the Trade Unions legally constituted and with affiliates affected by the Collective Agreement, through one of the trade unions signers.

The Commission shall meet as soon as possible without exceeding the seven-day deadline for the resolution of the discrepancies presented in consultation processes in cases of non-application of working conditions, and of one month. from receipt of the claim in the rest of the assumptions.

The Joint Committee, after the meeting, must issue a report with its resolution within three (3) working days of the meeting. Such a period may be extended, if agreed by both parties, in the event that the extent of the subject matter requires further study. Such a decision shall be forwarded by the Secretaries to the claimant on the following working day, and shall be binding on the parties, if it has been taken unanimously.

In the event that no agreement is reached within the Joint Commission, the Joint Commission is not binding, and considers that the resolution infringes its rights, the latter may exercise the actions it deems relevant, after exhaustion of the out-of-court dispute settlement procedure referred to in Article 65 of this Convention.

The parties agree to submit the discrepancies produced in their breast to the out-of-court dispute settlement systems established through interprofessional agreements at the state level.

CHAPTER XII

Extra-conflict resolution of conflicts

Article 65. Accession of the metalworking and metal packaging sector to the agreement on out-of-court settlement of labour disputes.

The parties agree to their full and unconditional adherence to the Fifth Agreement on the Autonomous Settlement of Labor Conflicts, in full compliance with the mediation and arbitration bodies established by the Interconffederal Service of Mediation and Arbitration (SIMA).

Additional disposition first. Training and retraining.

The signatory parties adhere to the Tripartite Agreements on Continuing Training that have been signed between CEOE, CESME, UGT, CC OO and the Government, as well as those who subscribe in the future.

Also, regardless of what is included in Article 1 (functional scope), for training purposes and as soon as there is no specific sectoral foundation, the parties adhere to the programming of the Foundation of the Metal for Training, Qualification and Employment.

Additional provision second. Specific add-on (ex-age).

Workers attached to this Convention will continue to perceive "ad personam" the specific complement (ex-seniority) that they were receiving, increased in their case, annually in the percentage that both parties agree. This supplement will be collected in the 14 pages of the Convention.

For illustrative purposes, this supplement was created by reference to the professional category and the seniority of the workers at December 31, 1995. Situation which has since remained unchanged, except in the revaluation of the amount for the purposes of the above paragraph.

The amounts of the specific complement (ex-seniority) that each worker perceives, increased, according to tables 2008, by 20%.

For the duration of this Convention, this concept shall be updated as agreed in Articles 17 and 18.

Tables, calculated with the above criteria, are attached as Annex 5.

First transient disposition. Exceptionally toxic, dangerous and painful work.

The percentages of the pluses provided for in Article 60 of the Labour Ordinance repealed from 1 December 1971 of the Metalgraphic Industry shall be applied, in the form that it is established, as long as it is not reached an agreement on its amendment by the Negotiating Committee of the Convention, which commits itself to its negotiation and adaptation.

Second transient disposition. Framework agreement on the application of professional classification.

Given the recent implementation of the new professional classification, the agreement on the application of the professional classification dated 6 May 2008, published in the Bulletin, is understood as an integral part of this Convention. Officer of the State of 21 July 2008. However, for the sake of convenience, the compensation, absorption, acquired rights and guarantee section "ad personam", of the said agreement, is reproduced below:

1. In the case of compensation, absorption and acquired rights shall be as set out in

following paragraphs:

(a) The worker is guaranteed the right to the minimum perception equivalent to that for the same tasks before, while the same conditions are maintained. The above will be extended to those workers who have been put out of their employment contract, for reasons of non-imputables, are newly hired.

(b) The excess which the workers may receive on an annual basis, in respect of amounts legally or conventionally due to all the concepts, shall be charged with the same character as accrual.

In the same way, those workers who prior to the application of this agreement, perceive or supplement any kind and amount, derived from their job, or those workers who in the future promote these jobs, have the right to maintain and/or to receive the aforementioned plusses or complements in the same or similar manner and all this provided that the contrary is not established in the Collective Bargaining or the Company Pact.

(c) Future legal provisions which entail an economic variation in all or any of the existing remuneration concepts, or which involve the creation of new ones, will only have practical effect as soon as possible. These are considered to be in full, above the current level of remuneration, and should be understood, if not, by the improvements agreed in this agreement.

d) The fact of grouping different categories at one level does not imply that the complementary remuneration concepts existing before the new classification should be extrapolated to the other members of that level (p. ex.: personal, quality or amount of work, ...). However, when these add-ons are not associated with a particular function or task, their current recipients will keep them "ad personam".

Transitional provision third. Joint Committee on Professional Classification.

According to the Agreement on the Application of the Professional Classification dated 6 May 2008, published in the "Official State Gazette" of 21 July 2008, a specific Joint Commission on Classification professional to ensure the application, interpretation, arbitration, reconciliation and monitoring of the new system of this professional classification agreement based on professional levels and functional groups.

Any conflict and/or discrepancy that may arise between the management of the company and the legal representation of the employees in the application of the professional classification, must be submitted in the first instance to the Joint Commission.

The Joint Committee must resolve the consultation carried out within a period of not more than 30 days from the date on which the Commission is aware of the consultation; in the event of no reply within the time limit, it shall be given By completing this procedure, the parties may, from that moment, turn to the appropriate instances.

The Joint Commission shall be composed of a maximum of 8 members, between employers and employees, as well as the advisers deemed necessary by the parties. The minutes of the agreements to be taken shall be drawn up.

The Joint Committee on Professional Classification will meet, as many times as necessary in order to verify the application of the new system of professional standards.

For the purposes of notification the Joint Commission on Professional Classification, has its registered office in: Calle Príncipe de Vergara, number 74, 5. th floor, Madrid, giving transfer to the parties.

Transitional disposition fourth. Manual of valuation of jobs.

Both parties agree that the Joint Commission should use as a tool to assist in the resolution of consultations which are carried out as a result of tasks not initially foreseen in this professional classification, manual for the assessment of jobs which is incorporated as Annex 2. A model of the questionnaire for the definition of the job is attached as Annex 3 and an analysis model for its use within the Commission (sheets of paper) is attached as an annex 4. requirements of the post).

Transient disposition fifth. Table of equivalences.

A guideline is attached to the equivalence table between the professional levels and the old professional categories.

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Transitional disposition sixth. Referrals to the defunct Labor Ordinance for the Metalgraphic Industry.

The referrals that in the collective agreements of inferior scope are still being made to the provisions of the extinct Metallographic Work Ordinance will be understood realized, in relation to the subjects here negotiated, to the provisions in this Convention.

ANNEX 1

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ANNEX 2

Job Assessment Manual

1. Introduction.

This Manual is intended to evaluate the various positions of the Professional Levels of the Companies attached to the State Collective Agreement of the Metalgraphic Industry, and the manufacture of packaging Metal.

It is based on the system known for discontinuous scales assessment, recognized by the International Labour Office of Geneva, and for its use it is appropriate to take into account the following considerations:

1. You must have performed the descriptions, in detail, of each of the tasks to be evaluated.

2. To assess correctly, it should be noted that the job is valued and not the person who occupies it.

3. During all valuation sessions, a single evaluation criterion must be maintained. To this end, it should be noted that for the allocation of a degree in any assessment factor, it is not essential that the task being valued is adjusted to all the definitions of the same, although together they give a level idea that aid to the award of a degree in case of doubt.

4. º When in a grade of any valuation factor is not expressed express reference of a certain concept, it is assumed that the expressed it is maintained with respect to the same in previous degrees.

5. If when assessing a factor the doubt exists between the award between two consecutive degrees, exceptionally, and provided that it is demonstrated as absolutely justified, an intermediate grade may be assigned to it.

2. Factor index.

This manual includes 6 general factors and 12 sub-factors, and for each job a total of 3 general factors and 8 sub-factors have to be assessed.

General factors:

A. Knowledge.

B. Initiative.

C. Autonomy.

D. Responsibilities.

E. Command.

F. Complexity.

Subfactors:

Knowledge:

A. 1 Basic training.

A. 2 Language knowledge.

A. 3.a Experience.

A. 3.b Learning.

From Responsibilities:

D. 1.a On sensitive data.

D. 1.b About the work team.

D. 2.a On errors.

D. 2.b On material handling/work process.

D. 3.a About contacts with others.

D. 3.b On security of others.

Complexity:

F. 1 Difficulty of the job.

F. 2 Working Conditions.

As can be seen in the previous relationship, the general factors of knowledge and responsibilities are divided into several sub-factors, and of these, in turn, those designated with numbers A. 2, D. 1, D. 2, and D. 3 In the case of direct production, it is clear that they are the same as those identified by the letter a for jobs generally known as Indirect (Administration, Technical, Commercial, etc.), and those that are marked with the letter b for direct jobs of production. It may be the case that a job is being valued in the framework of those defined as 'direct' and that it would be better to assess for the same certain factors of those identified with the letter a (for "indirect" posts), or vice versa. In this case, the two factors of the same number (and point a and b) shall be assessed and included in the assessment of the post which is valued to a greater degree.

Factor A: Knowledge.

Subfactor A. 1. Basic training.

Definition: This factor measures the initial level of theoretical knowledge that a person of average capacity must possess in order to be able to successfully perform the functions of the job that is valued.

Grade 1:

a. Always perform the same job, simple and repetitive.

b. Minimum specific theoretical knowledge.

Examples:

Read and write letters and numbers.

Read and annotate control device indicator values.

Know and interpret visual or auditory informational device symbols.

Carry out strict verbal commands.

Express verbally using a usual vocabulary.

Perform load and unload operations.

Grade 2:

a. Perform more than one job, but all simple and repetitive.

b. Theoretical knowledge at the general culture level.

Examples:

Know how to interpret simple documents or elementary written instructions, simple.

Make small annotations on cards, tokens, or the like.

Fill in printed numeric statistics.

Add and subtract. Number or make simple counts.

Run material or product carry work, using simple transport elements (hand trucks, forklift, etc.).

Grade 3:

a. The task is to use more than one simple working procedure or to handle multiple elementary facilities.

b. Knowledge at the level of compulsory or similar secondary education.

Examples:

Interpret written writings with regular language or expressions of work.

Report on the work done, using a suitable vocabulary (very limited number of words or expressions).

Perform elementary calculations with decimals.

Drive and regulate a simple handling facility with few variables in the process (drills, pallet trucks, etc.).

Limited handling of typewriters, calculators, copiers, etc.

Interpret simple drawings (up to 3 views in general).

Grade 4:

a. The task is to use a somewhat complex work procedure or to handle a normal installation.

b. Knowledge at the level of compulsory or similar secondary education, plus complementary courses of specialization for the job.

c. Monitoring of jobs valued at the lower grades of this factor.

Examples:

Driving forklift trucks within the company enclosure.

Write reports of the work done, incidents of it, etc., using a limited vocabulary without spelling precautions.

Normal use of the rule of three and simple formulas; calculation of percentages, fractions, and proportions.

Reading control devices, interpreting their indications.

Interpret cutting drawings or technical tabs and simple sets.

Typing simple writings or entering data into the computer through your keyboard.

Grade 5:

a. Performing a single job, which is relatively complex, requires certain specific theoretical knowledge in its execution.

b. Drive a simple handling installation with few variables in the process.

c. Knowledge at the level of Baccalaureate, Middle Grade Professional Training, or equivalent.

d. Monitoring of jobs valued at the lower grades of this factor.

Examples:

Interpret relatively complicated writings, written with regular language or expressions of work.

Compose internal writings, interpreting the instructions given for this.

Monitor the gear of electric motors, pumps, compressors, steam boilers or the like by regulating their controls, without calculation.

Notions of mathematics applied to technical jobs.

Managing machines for calculating in varied operations.

Typing usual writings or using a program on the computer that requires specific training to know how to use it.

Interpretation of facilities or normal electrical schemes.

Grade 6:

a. Perform several jobs, which as being relatively complex, require certain specific theoretical knowledge in their execution.

b. Driving multiple installations or equipment that do not require large accuracy.

c. Knowledge at the level of Middle or similar vocational training, plus specialization courses.

d. Monitoring of jobs valued at the lower grades of this factor.

Examples:

Compose simple, routine correspondence for customers or suppliers (orders, acknowledgements, etc.), as indicated by a superior.

Using tables and forms.

Interpretation of complicated cutting drawings (assemblies, installations, complicated electrical schemes).

Use spreadsheet, database, graphics, etc., in all your capabilities.

Verify, measure, or control, deciding on subsequent acceptances or rejections.

Grade 7:

a. Jobs that require the domain of a craft, in which tasks must be performed commonly known as "ex officio".

b. Knowledge at the level of Higher or similar Professional Training.

c. Supervision of jobs valued in the lower grades of this Factor.

Examples:

The characteristic knowledge of material utilization.

Croking parts, installations, electrical schemes, etc.

Make measurements of dimensions, alignments, perpendicularities, etc., in mechanisms or structures.

Performing simple calculations.

Write reports, writings, and correspondence, with brief comments, explanations, or own reasoning, and a good spelling.

Interpret written texts with normal language or expressions, but which might be strange to those commonly used for the job.

Handling machines for calculating or basic scientific or financial software.

Grade 8:

a. Jobs that require the theoretical/practical knowledge of a profession sufficient for the development of all the tasks entrusted to it, with the logical limitations of the lack of experience or knowledge complementary.

b. Knowledge at the level of Higher Grade Vocational Training, more specialization or general courses, or similar.

c. Monitoring of jobs valued at the lower grades of this factor.

Examples:

Execution of cutting drawings, facility schemes, projections.

Project of distributions in plant, simple elements of installations, etc.

Mathematical insights that enable you to run autonomously and follow established processes, a series of data determination and analysis operations.

Interpret complicated texts, written with common language or expressions, peculiar to a craft other than your own.

Very diversified correspondence writing, which requires extensive information, be it from the knowledge itself, already by summary indications of a superior.

Industrial drawing.

Grade 9:

a. Tasks that require both theoretical and practical knowledge of a profession, being able to perform any task assigned to it, solving all the problems presented to it.

b. Knowledge at mid-grade or similar college career level.

c. Supervision of jobs valued in the lower grades of this Factor.

d. Extensive drawing and industrial design knowledge.

Examples:

Drafting complex texts, which require a wide domain of language and the profession of their own.

Calculation of resistance of materials, structures, mechanisms, etc.

Grade 10:

a. Carry out work requiring deep expertise in a professional field that includes various interrelated areas, which allow to establish or modify operational sequences to achieve the objectives set for the own job position.

b. Knowledge at the middle or similar level of university career, plus specialization courses, or higher-grade college career.

c. Supervision of jobs valued in the lower grades of this Factor.

Examples:

Drafting very complex texts that require a wide domain of language and the profession of their own.

Tailoring and drafting reports for publication in both national and international journals.

Implementation of research and analysis systems following known procedures.

Subfactor A. 2. Language knowledge.

Definition: This subfactor measures the knowledge of foreign languages that are needed to develop the job functions.

Assignment:

Grade 1. No foreign language is required for use.

Grade 2. Knowledge of a foreign language

Grade 3. Domain of a foreign language or knowledge of more than one.

Grade 4. Domain of a foreign language and knowledge of another or others.

Grade 5. Domain of more than one foreign language.

Note:

It is understood by knowledge of a language, possessing sufficient knowledge to maintain a simple conversation or to interpret simple texts.

It is understood by domain of a language, possessing sufficient knowledge to maintain a conversation with total release, as well as to be able to read and write correctly and broadly.

Subfactor A. 3.a. Experience.

Definition: This subfactor determines the time period required for a person of average capacity and possessing the training specified above, to acquire the skill and practice required to perform the job work, getting sufficient performance in quality and quantity.

Assignment:

Grade 1: Less than one month of experience.

Grade 2: Up to three months of experience.

Grade 3: Up to nine months of experience.

Grade 4: Up to eighteen months of experience.

Grade 5: Up to three years of experience.

Grade 6: Over three years of experience.

Subfactor A. 3.b. Learning.

Definition: This sub-factor measures the time required for an orderly training plan to perform correctly the specific tasks or tasks assigned by the Company to the job, by a average capacity person who has the training valued in the basic training subfactor.

Assignment:

Grade 1: Jobs that require a maximum of one week's period of ordered and continuous learning.

Grade 2: Preparation acquired for an ordered and continuous learning period of up to two weeks.

Grade 3: Preparation acquired for an ordered and continuous learning period of up to four weeks.

Grade 4: Preparation acquired for an ordered and continuous learning period of up to eight weeks.

Grade 5: Preparation acquired for an ordered and continuous learning period of up to 12 weeks.

Grade 6: Preparation acquired for an ordered and continuous learning period of more than 12 weeks.

Factor B: Initiative.

Definition: This factor values the capacity required of the occupant of a job to act with greater or lesser independence when making determinations, planning, analyzing or choosing among several alternatives, considering the greater or lesser degree of dependence on guidelines or standards for the execution of their duties.

Assignment:

Grade 1:

a. Simple repetitive or routine tasks.

b. Acting according to exact and specific verbal or written instructions.

c. Works whose initiative is assumed by the direct command of the occupant of the job.

d. Tasks that practically do not require making determinations or schedules for being all in detail.

Grade 2:

a. Perform simple, varied jobs within your craft.

b. Work with detailed instructions that require the use of a certain capacity for discernment.

c. Determine when a simple job is successfully finished.

Grade 3:

a. Perform work of some complexity within your craft.

b. Work without instructions, with normal initiative in a known job.

c. Determine when a normal job is successfully completed.

Grade 4:

a. Plan the execution of a complicated or unusual job, from which only the general method is available.

b. Make decisions that require considerable initiative on known jobs.

c. Plan, before launching, complex operations that do not yet have established procedure.

Grade 5:

a. Work independently to achieve overall application results.

b. Organize complex and non-repetitive jobs.

c. Make determinations about new situations of complex tasks that require a high degree of initiative.

Factor C. Autonomy.

Definition: This factor measures the greater or lesser degree of hierarchical dependency to which the occupant of a job is subject in the performance of his or her functions, depending simultaneously on more than one hierarchical superior.

Assignment:

Grade 1:

a. Job position submitted to close monitoring.

b. Job position to single-parent orders, through whom all work orders are received.

Grade 2:

a. A job that receives final monitoring to ensure the correct execution of the job.

b. Job position at single-parent orders, but requests from other people should be addressed sporadically.

Grade 3:

a. A job that receives occasional supervision, performed randomly at the discretion of the supervisor, or expressly requested by the occupant of the job.

b. A job that is at the orders of a single superior, requests from other people must be addressed by occupying approximately half of their working day.

Grade 4:

a. The tasks of this job do not receive supervision. Its occupier is responsible for all the same, on which it must take broad resolutions.

Grade 5:

a. A job in which the occupant acts in a totally autonomous manner when planning his or her tasks, in order to obtain the requirements of the tasks.

Factor D. Responsibilities.

Subfactor D. 1.a. Responsibility for confidential data.

Definition: This sub-factor measures the responsibility required of the occupant of a job of not disclosing information about data that he knows by reason of his task. The type of information you know and the economic damage or the internal and external conflict that your dissemination may cause to the Company must be considered.

The type of damage that can be caused is described below:

Severe damage. When the disclosure of an information assumes:

An economic loss of small amount or very little importance for the Company's progress.

A conflict of analogous characteristics.

Less severe damage. When the disclosure of an information assumes:

An economic loss, immediately recoverable with subsequent corrective actions.

A conflict of analogous characteristics.

Serious damage. When the disclosure of an information assumes:

An important but recoverable economic loss over time.

A conflict of analogous characteristics.

Very severe damage. When the disclosure of an information assumes:

An economic loss (money, contracts, impossibility of obtaining grants, etc.), which will influence the future of the Company's activities.

A conflict of analogous characteristics.

Assignment:

Grade 1. No authorized access to any confidential information.

Grade 2. Occasional access to confidential information, the disclosure of which could lead to low-level damage.

Grade 3. Frequent access to or work with confidential data, the disclosure of which could cause less serious damage to the Company.

Grade 4. Occasional access to confidential information, the disclosure of which can cause serious damage to the Company.

Grade 5. It usually works with confidential information, the disclosure of which would cause serious damage to the Company.

Subfactor D. 1.b. Responsibility for the work team.

Definition: This sub-factor measures the responsibility assumed by the occupant of the job to prevent the damage it could cause to machines, tools, or facilities that it uses to perform its work.

When the occupant of a job acts for the installation or repair of machines or equipment used in other jobs, the result of his/her performance must be assessed in the sub-factor D. 2.b, responsibility on material handling/work process.

Assignment:

Grade 1. By using manual-type elements, the deterioration is normal to wear-and-wear, and easily reponible.

Grade 2. Operate with simple mechanical elements, such as auxiliary machines; the use of the same in good or poor conservation status can be quickly observable and subsable deficiencies.

Grade 3. Carry out works with machines, equipment and fundamental facilities, of which proper assembly or conduction depends on their good conservation status. You can normalize your use with significant expense.

Grade 4. Perform works by means of special machines or equipment of marked complexity or precision of operation, of which incorrect conduction is caused serious damage for its conservation and use.

Grade 5. Operate with facilities of great complexity, requiring special care, or for the great precisions required, or for their high value. Improper use produces heavy expenses until you normalize your tuning.

Subfactor D. 2.a. Responsibility for errors.

Definition: This factor contemplates the obligation of the occupant of a job to put all his attention and discernment into not making mistakes in his task.

Assignment:

Grade 1. Errors can be easily discovered and their correction is easy and implies little loss.

Grade 2. Most tasks are subject to checks or are reviewed in subsequent controls by those responsible for the work area. Errors can cause time losses or difficulties in checking.

Grade 3. If errors are not discovered, they can affect other areas of work, producing time losses. In general they are discovered when they have already produced some losses.

Grade 4. Difficult to detect errors that can cause delays, loss of information, experiences, materials, facilities, termination of contracts with companies or entities, denial of grants, etc.

Grade 5. Errors can lead to serious delays or lack of vital materials. Errors in research work leading to wasted investments, serious losses of information that involve repetition of experiences. They may also be the cause of loss of prestige, major penalties for the company, or financial losses directly affecting the continuity of their activities.

Subfactor D. 2.b. Responsibility for handling materials/work process.

Definition: This subfactor measures the responsibility of the occupant of the job on the handling of materials or products that manipulates, taking into account the care required to avoid a qualitative decrease or quantitative of the results of the work, as well as the impact that poor performances can have on their activity.

Assignment:

Grade 1:

a. Direct handling of materials. For example: load and unload operations, material storage, facility power, internal parts transport, or mechanism.

b. The results of the work are not directly involved in the overall activity of the activity and do not cause any changes in the activity.

Grade 2:

a. Perform operations of handling or transformation of normal, low-cost parts, materials or mechanisms.

b. The operations it performs can produce slight alterations in the activity's progress. Such alterations are considered normal for the actual fact of performing a job.

Grade 3:

a. Their intervention may result in deficiencies in the work process or in the advancement of the activity higher than those considered normal.

b. Perform handling or transformation operations of fragile or delicate, low-cost parts, materials or mechanisms.

Grade 4:

a. Because of the quantity and quality required, their performance must be particularly careful; otherwise, substantial errors in the work processes or major delays in the progress of the activity could be derived.

b. Perform handling or transformation operations of normal, high cost parts, materials or mechanisms.

Grade 5:

a. Both because of the great accuracy of the work and the high cost of the tasks in which it has an intervention, the action must be highly careful, otherwise the activity of the activity would be seriously impaired.

b. Perform handling or transformation operations of parts, materials or fragile or delicate, high cost mechanisms.

Subfactor D. 3.a. Responsibility for contacts with others.

Definition: This factor contemplates the skill that a job requires of its occupant to effectively maintain the relations that officially and in representation of the Company has to assume, both with persons of the own organization as with people external to it.

Assignment:

Grade 1:

a. Jobs in which the occupant is only in contact with their Chiefs and colleagues in their section.

b. The occupant of the job can have responsible contacts with people from other work groups, areas, departments, etc.

Grade 2:

a. The job occupant must have responsible contacts with people from other work groups, areas, departments, etc.

b. The occupant of the job must have routine contacts with people outside the company (reception of visits, handling of telephone calls, delivery of documents, etc.).

Grade 3:

a. The occupant of the job can have responsible contacts with people outside the company. The contacts that originate commitment for the Company are subject to review.

Grade 4:

a. The occupant of the job must have responsible contacts with people outside the company. The contacts that originate commitment for the Company are subject to review.

Grade 5:

a. Frequent or regular contacts, without supervision, with persons from other institutions of the Company or external entities, requiring tact and considerable knowledge. The goal of these contacts can be to get resources or get contracts.

Subfactor D. 3.b. Responsibility for the security of others.

Definition: This factor measures the obligation to prevent damage or accidents that, because of the performance of a task, could be derived from other people who are supposed to respect the established safety rules. It is also part of the assumption that all the security devices, whose operation is not responsible for the occupant of the post, are functioning properly.

Assignment:

Grade 1:

a. For isolated or non-hazardous jobs.

b. It is totally impossible for the others to suffer damages because of the inwarning of the occupant of the post.

c. Direct control over isolated or non-hazardous jobs.

Grade 2:

a. For jobs in which normal care must be taken to avoid accidents to other people who are within the area of their activity.

b. The occupant of the job is responsible for acting with normal care to the staff who depend on him directly, in order to avoid any accidents that may cause themselves or other persons within the area of his/her activity.

Grade 3:

a. The safety rules issued for the job should be observed in order to avoid accidents to others.

b. The occupier of the job is responsible for enforcing the safety rules laid down for the occupants of the posts on which he exercises direct command, in order to avoid accidents which may cause themselves or others to people who are within the area of your activity.

Grade 4:

a. Constant care must be maintained to avoid accidents to others because of the danger of the post.

b. The occupant of the job is responsible for keeping a constant care of the staff who depend on him directly, in order to avoid accidents that may cause themselves or others who are within the area of their activity.

Grade 5:

a. The safety of others depends exclusively on the occupant of the workplace acting, monitoring or being effective in making his or her subordinates work properly, all in order to avoid accidents to others. Their negligence in any of these tasks can lead to fatal accidents to others, even collectively.

Factor E. Command.

Definition: This factor values the responsibility of organizing, teaching and directing the work of the subordinates or collaborators of the occupant of the job, thus obtaining a good overall performance and a good climate of job.

The personality and preparation needed to achieve the desired results, form and frequency of contacts, and whether they are intended to give or receive information, should be considered.

Assignment:

Grade 1:

a. The occupant is solely responsible for his or her own work.

Grade 2:

a. Delegated command or functional monitoring situations.

b. Follow the work of a team of people, providing them with information or ideas for the achievement of a goal.

c. Instruct or direct the work of one or two people.

Grade 3:

a. Responsibility for instructing, coordinating and directing the work of up to 3 people.

Grade 4:

a. Responsibility for instructing, coordinating and directing the work of up to 10 people.

b. Responsible for coordinating the work of personnel with grade 3 command of this factor.

Grade 5:

a. Responsibility for instructing, coordinating and directing the work of up to 25 people.

b. Responsible for coordinating the work of staff with grade 4 command of this factor.

Grade 6:

a. Responsibility for instructing, coordinating and directing the work of up to 50 people.

b. Responsible for coordinating the work of personnel with grade 5 command of this factor.

Grade 7:

a. Responsibility for instructing, coordinating and directing the work of more than 50 people.

b. Responsible for coordinating the work of staff with grade 6 command of this factor.

Grade 8:

a. Responsible for coordinating the staff work with grade 7 command of this factor.

Factor F: Complexity.

Subfactor F. 1. Difficulty of the job.

Definition: This subfactor measures the required capacity to the occupant of a job to attend to correlative or simultaneously a greater or lesser number of tasks, integrated with each other to a greater or lesser degree, without loss of effectiveness, or to be effective in a number of productive unit work stations.

Assignment:

Grade 1:

a. Make a single task easy, without interruptions of any kind.

b. Need to master the task of a single workstation of the productive unit.

Grade 2:

a. Make a single task difficult, without interruptions of any kind.

b. The job position comprises up to three easy tasks, performed in a correlative and seamless manner.

c. Need to master the task of a minimum of two workstations, and have an elementary knowledge of at least one other.

Grade 3:

a. To do up to three difficult tasks, performed in a correlative and uninterrupted manner.

b. The Job Post comprises up to three easy tasks that force some interruptions to address interference.

c. Need to master the task of a minimum of three workstations, and have an elementary knowledge of at least one other.

Grade 4:

a. The job consists of four to six easy tasks, performed in a correlative and seamless manner.

b. The job includes up to three difficult tasks that require frequent interruptions to address interference.

c. Need to master the task of a minimum of four workstations, and have an elementary knowledge of at least one other.

Grade 5:

a. The job consists of four to six difficult tasks, performed in a correlative and uninterrupted manner.

b. The job consists of four to six easy tasks that require frequent interruptions to address interference.

c. Need to master the task of a minimum of five workstations, and have an elementary knowledge of at least one other.

Grade 6:

a. The job position comprises more than six easy tasks performed correlative and without interruption.

b. The job consists of four to six difficult tasks that require frequent interruptions to address interference.

c. Need to master the task of a minimum of six workstations, and have an elementary knowledge of at least one other.

Grade 7:

a. The workplace comprises more than six easy tasks that require frequent interruptions to address interference.

b. The job title comprises more than six difficult tasks, performed in a correlative and uninterrupted manner.

c. Need to master the task of a minimum of seven workstations, and have an elementary knowledge of at least one other.

Grade 8:

a. The workplace comprises more than six difficult tasks that require frequent interruptions to address interference.

b. Need to master the task of more than seven productive unit workstations.

Subfactor F. 2. Working conditions.

Definition: This subfactor values the conditions (in total 13) of penosity and/or structural hazard of a job. That is to say, what remains of them after all the regulatory corrective measures to eliminate them and which can therefore be considered as inherent in the post. In addition, they must be present in the same way as usual and not occasionally or sporadically.

Criteria:

A. Work environment.

Proximity to radiant heat (ovens, etc.) or to intense cold.

Harmful particles in suspension and/or vapors.

Unfavorable light conditions by technical requirement.

Weathering or semi-weathering.

Noise greater than 80 dB and/or vibrations.

B. Security.

Jobs in height.

Handling of corrosive liquids or molten metals.

Medium and high voltage.

Proximity to hot spots.

Circular with vehicles on public roads.

C. Physical/mental load.

Permanent handling (more than 60% of the day) of loads and/or efforts exceeding 10 kilograms.

Painful positions, for more than 15% of the day, such as: crouching, kneeling, squatting, lying, etc.

Mental or psychological fatigue arising from routine work such as the introduction of data into a computer for more than 60% of the day.

Assignment:

Grade 1: The job position does not require working with any of the conditions of hardship and/or structural dangerousness of the above listed.

Grade 2: The job position requires working with one of the conditions of penosity and/or structural dangerousness of the above listed.

Grade 3: The job position requires working with two of the conditions of penosity and/or structural dangerousness of the above listed.

Grade 4: The job position requires working with three of the conditions of penosity and/or structural dangerousness of the above listed.

Grade 5: The job requires to work with more than three of the conditions of penosity and/or structural dangerousness of the previously listed.

COLLECTIVE AGREEMENT FOR THE METAL INDUSTRY

Job assessment

Professional levels score limits

Level

Scoring
8	Up To 140
7	From 140.1 to 188
6	From 188.1 to 236
5	From 236.1 to 284
4	From 284.1 to 332
3	From 332.1 to 380
2	From 380.1 to 428
1	More than 428

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ANNEX 3

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ANNEX 4

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ANNEX 5

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