Having regard to the text of the collective agreement of wholesalers and importers of industrial chemicals and drugstores, perfumery and annexes (convention code number 99001095011981), which was signed on 18 June 2015, a part of the Spanish Federation of Distributors of Perfumery, Drogueria and Annexes (FEMPDA), the Spanish Association of Chemical Trade (AECQ) and the Catalan Business Federation of the Chemical Sector (FEDEQUIM), representing the companies of the The Committee on the Economic and Industrial Affairs and Industrial Affairs and the Committee of the European Services to the Mobility and Consumption of UGT (SMC-UGT), 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 Royal Decree Legislative 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

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

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, July 20, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

COLLECTIVE AGREEMENT OF WHOLESALERS AND IMPORTERS OF INDUSTRIAL CHEMICALS AND DRUGSTORES, PERFUMERY AND ANNEXES

In accordance with the provisions of Title III of the Workers ' Statute, it is stated that this collective agreement has been negotiated and concluded as parts of it on behalf of workers by the trade union organizations CC.OO-Industry and the Federation of Services to Mobility and Consumption of UGT (SMC-UGT) and in representation of the companies of the sector the business organizations Spanish Federation of Wholesale of Perfumery, Drogueria and Annexes (FEMPDA), the Spanish Association of Chemical Trade (AECQ) and the Federation Catalan Business of the Chemical Sector (FEDEQUIM).

The parties recognize initial, full and decision-making in the functional, personal, and territorial scope of the collective agreement, and thus enjoy general regulatory effectiveness in their field.

CHAPTER I

Scope

1. Territorial scope.

The rules of this Convention shall govern throughout the territory of the Spanish State, except as provided for in the concurrency article of conventions.

2. Functional scope.

All companies that have as their main activity one of the following are subject to the agreement stipulations:

Import, export and wholesale trade of industrial chemicals.

Import, export and wholesale trade of perfumery and drogery.

Import, export and wholesale trade of plastics products.

Import, export and wholesale trade of paint products.

Import, export and wholesale trade of colorants.

Import, export and wholesale trade of scientific medical equipment.

Import, export and wholesale trade of pharmaceutical raw materials.

Import, export and wholesale trade of laboratory and orthopaedic material.

Import, export, and wholesale trade of orthopedics products.

The reference that is made, in this article under the name "Trade", is merely an enunciative title and to distinguish this activity from the attention to the public in retail activity.

3. Personal scope.

This Convention shall affect all staff employed in the work centres of undertakings falling within the territorial and functional scope described above, with the exception of Articles 1 (3) and (2). of the Workers ' Statute.

4. Temporary scope.

This Convention shall enter into force on the basis of its publication in the Official Gazette of the State. Its duration shall be until 31 December 2017.

The economic effects will be rolled back to January 1, 2015 for the first year of its term and January 1 in the following two years of validity (2016-2017).

The payment of any salary arrears accrued on the occasion of the economic retroactivity shall be paid within one month from the day of publication in the "Official Gazette of the State", or before agreement with the workers ' representatives.

However, the undersigned organizations recommend to their associates the immediate application of the economic effects of this agreement.

This agreement will be understood as being denounced without the need for media communication, both parties committing themselves to initiate the negotiation of a new agreement in November 2017. At the first meeting after setting up the negotiating table, the parties shall formulate their negotiating proposals and set the timetable for meetings.

5. Indivisibility of the convention.

The conditions agreed in this Convention form an organic and indivisible whole and for the purposes of their practical application they will be considered as global and jointly as a result of the fact that the employment authority in the exercise of its powers would challenge any of its clauses, would be without practical effectiveness in its entirety, and should reconsider all its content.

In such a case, the Joint Joint Committee shall be obliged to initiate the new deliberations within a maximum of three days from the notification of the administrative decision.

6. Structure of collective bargaining in the sector.

This collective agreement has been negotiated under Article 83.2 of the Workers ' Statute and articulates collective bargaining in the sector of Distributors and Importers of Industrial and Industrial Chemicals. Drogery, Perfumery and Annexes via the following negotiating structure:

(a) National collective agreement: The current Mayorists and Importers of Industrial Chemicals and Drogueria, perfumery and Annexes in its current edition, which is directly applicable to the companies that are located within its functional scope, with the exception of those currently affected by its own business agreement or other sectoral agreement.

(b) Collective agreements of a company or a working centre. The parties to the Convention express that the national collective agreement constitutes an exclusive and effective reference to regulate anything that is not expressly provided for in those company agreements.

7. Personal guarantees.

The working conditions above those laid down in this Convention, considered as a whole and in annual computation, shall be respected individually. Such a guarantee shall be of a purely personal nature, without it being capable of being linked to a job, professional categories and/or professional groups and other circumstances, and therefore the staff of the new income shall not be able to plead in their favour. the most beneficial conditions enjoyed by the workers who previously employed the jobs to which they are intended or promoted.

8. Conditions following the entry into force of the convention.

The future legal provisions that will lead to a change in all or some of the existing remuneration concepts at the date of the enactment of the new provisions or which involve the creation of new, unique and They shall have practical effectiveness only as long as they are considered in their entirety and in annual accounts to exceed the total level of this agreement. Otherwise they shall be deemed to be absorbed by the terms of this Convention.

9. Extra duty.

The Staff Regulations shall be applied to this Convention in a way that does not object to the content of this collective agreement and consistent rules.

CHAPTER II

Professional classification

10. Functional classification.

The workers affected by this collective agreement, in consideration of the functions they perform and in accordance with the definitions specified in the following article, will be classified in groups professionals.

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

11. Definition of professional groups.

This article defines the professional groups that group the various tasks and functions that are performed in the companies of Commerce and Importers of Industrial Chemicals and Drogueria, Perfumeria and Attachments, within the functional organic divisions in which they can be divided.

Such functional organic divisions can be:

a) Warehouse Labors, Services, and Auxiliary Activities.

b) Maintenance.

c) Administration and computing.

d) Sales and sales.

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

Autonomy: Factor for which the highest or lowest hierarchical dependency in the performance of the function to be developed should be taken into account.

Command: Factor for which assessment should be taken into account:

A) Task ordering capability.

B) Interrelation capacity.

C) Nature of the collective.

D) Number of persons on whom the command is exercised.

Responsibility: Factor for whose assessment the degree of autonomy of action of the function holder should be taken into account, as well as the degree of influence on the results and importance of the consequences of the management.

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

Initiative: Factor for which the highest or lowest submission to guidelines or rules for the execution of the function should be taken into account.

Complexity: Factor whose assessment is based on a larger or smaller number, as well as a greater or lesser degree of integration of the various factors listed above, in the task or entrusted.

It should also be taken into account when qualifying the jobs, the size of the company or the productive unit in which the function is developed.

12. Professional group number 1.

General criteria: Functions that are executed according to the specific instructions clearly established, with a high degree of dependency of the most direct, or hierarchical, responsible, emanated in one or several times on the same day or in different days, which preferably require physical effort and/or attention, and do not need specific training.

Training: Knowledge at the elementary level of training.

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

Simple machine elementary operations, such as those that do not require specific training and knowledge.

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

Tasks that consist of recesses, assignments, manual transport, carrying or matching, driver assistant, etc.

Elementary recovery tasks.

Cleaning tasks in general, even machinery and other things.

Packaging and packaging operations.

Building and local monitoring without special requirements.

Any other analogous function that meets the general and training criteria attributed to this professional group.

13. Professional group number 2.

General criteria: Functions consisting of operations carried out following a precise and concrete working method, being supervised by its hierarchical responsibility, requiring professional knowledge to be carried out prior to general character and practical experience.

Training: Required basic training is the equivalent of School Graduation.

Examples: In this professional group are included all those activities that by analogy, are comparable to the following:

Order preparation, understanding the function of removing the products from the shelves, packaging them, and labeling them for further shipment.

Transport and palletizing tasks, performed with mechanical and motor-drive elements.

Quality verification and control auxiliary tasks.

Operating activities in conditioning with regulation, tuning, and cleaning of machines such as:

Wrapping, packers, packers, and other auxiliary machines in the industry.

typing, file, record, calculation, billing, or similar administration tasks.

Charges for collections (old collector).

Functions referred to receiving and making phone calls and/or visitation attention.

Functions relating to telex or fax operations.

Masonry, electricity, carpentry, painting, and mechanical tasks performed by operators who start in practice.

Any other analogous function that meets the general and training criteria attributed to this professional group.

14. Professional group number 3.

General Criteria: Functions that are executed according to the instructions of the hierarchical officer, with a certain degree of autonomy and responsible for their work before the same, requiring them for proper execution professional knowledge and practical skills.

Training: The basic training required is the equivalent of the School Graduate, completed professionally by a specific training of this character or by the professional experience.

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

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

Operator/computer.

Secretariat/or, capable of directly drafting mail for processing according to verbal indications.

Drafting of business correspondence, pricing in the view of offers received, receipt and fulfillment of orders, and making proposals for response.

Tasks that consist of setting, based on accounting documents, a portion of the accounting.

Calculation of salaries and assessment of personnel costs.

Order fulfillment, merchandise review, and distribution tasks with record in books or machines to the effect of daily movement.

Outline and drawing tasks.

Driving functions with distribution, with class C, D or E carnet, understanding that you can combine the activity of driving with the distribution of goods.

Commercial tasks (sales agents or the like).

Functions regarding the reception and realization of telephone calls and/or visits with foreign language/s requirements.

Any other analogous function that meets the general and training criteria attributed to this professional group.

15. Professional group number 4.

General Criteria: Functions that are executed with a high degree of responsibility and autonomy and realizing what has been done before your immediate superior, coordinating and directing your group.

Training: The required level of training is the equivalent of the BUP or the Middle Grade FP, which can be completed or replaced by a practical and specific professional experience.

Examples: In this professional group are included all those activities that by analogy, are similar to the following:

Translation tasks, correspondent, taquimecanography and telephone with foreign language proficiency.

Computer programming functions.

Accounting tasks, consisting of gathering the items supplied by the helpers and drawing up states, balance sheets, costs, forecasts of treasuries and other similar works, and on the basis of the company's accounting plan.

Direct command tasks on a group of operators, with supervision of the group's activity, following orders from its immediate superior. It may also be responsible for a unit of production, services, or administrative process, which for the reduced dimensions of the company do not require organic subdivisions.

Performing technical functions, which require an average academic level, which can be used to collaborate in research, quality control, studies, control of industrial processes or in professional services, or scientific advice. At the same time, they can develop and develop projects, for which specific instructions have been received.

Any other analogous function that meets the general and training criteria attributed to this professional group.

16. Professional group number 5.

General criteria: Functions that are executed by coordinating and integrating under their command a number of persons, either of a section or several, composing an organization chart of production and management, with a high degree of responsibility and autonomy in terms of the direction of work, while at the same time having professional experience in the company itself or in other specific knowledge of the work to be developed and academic training necessary for the performance of the work.

Training: Knowledge equivalent to medium-grade academic training, completed with a period of practice or experience acquired in similar work, or by the specific studies necessary for the development of its function.

Examples: In this professional group are included all those activities, which by analogy, are similar to the following:

Activities involving responsibility for a shift, which may be seconded by one or more lower professional group workers.

Computing application analysis functions.

Healthcare Technical Assistant.

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

Performing functions that involve research tasks, or control of work with training to study and solve the problems that arise.

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

Any other analogous function that meets the general and training criteria attributed to this professional group.

17. Professional group number 6.

General criteria: These include the functions that consist of performing complex activities with defined objectives and with a high degree of exigency in the factors of autonomy and responsibility, and which normally lead a a set of functions that conduct a specialized technical or professional activity.

Training: Equivalent to higher academic qualifications, or average grade completed with a long professional experience.

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

Coordination, monitoring, and sorting of heterogeneous administrative jobs or the set of medium-type administrative activities.

Responsibility for the exploitation of a computer, or the set of data processing services in medium-sized units.

The functions that are consistent with planning, ordering, and monitoring systems, services, processes, and work circuits.

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

Making general approaches to the effective use of human resources and material aspects.

Doctor.

Any other analogous function that meets the general and training criteria attributed to this professional group.

18. Professional Group 0.

General criteria: Workers who make decisions or participate in their preparation are included in this group. They have senior management or execution positions of the same levels in the Departments, Divisions, Groups, Factories, etc., in which the company is structured and which always respond to the particular ordination of each.

Training: Equitable to higher academic levels completed with specific studies and extensive professional experience.

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

Elaboration of the policy of organizing and controlling activities.

Establishment and maintenance of productive and support structures.

Determination of industrial, financial, or commercial policy.

Any other analogous function that meets the general and training criteria attributed to this professional group.

Notes:

1. The classification contained in this article shall be performed by interpretation and application of the general criteria and by more representative basic activities developed in the examples.

In the case of concurrency in a job of basic tasks corresponding to different professional groups, the classification will be carried out according to the activities of the professional group in which I dedicate the greater part of their journey, in any case the criterion of work of equal value in order to avoid any kind of discrimination.

2. The classification will not in any case mean that the work of each professional group will be excluded from the completion of complementary activities that could be basic to the positions of the groups. different professionals.

19. Mode of operation to establish the new professional classification.

Due to the collective implications of the new professional classification structure, and the need for the maximum possible agreement in the application of this new classification that is to be modified Substantially the one set so far, the following mode of operation is set:

A) The negotiations between the company and the workers ' representatives shall be carried out.

B) In the event of an agreement, the parties may bring to the attention of the Joint Committee the content of the agreement.

C) In the event of no agreement reached between the company and the workers ' representatives, they may submit jointly to the mediation or arbitration of the Joint Commission.

D) The two parties may also consult the Joint Committee to issue the relevant opinion, which will be binding if adopted unanimously.

E) Where workers ' representatives do not exist, they may be directly involved in the Joint Commission.

In order to resolve the proposed mediation or consultation, the Joint Commission may examine in the company the characteristics of the activity which is the object of the disagreement, as well as to make the arrangements that they consider appropriate within it. for the issue of the requested opinion.

After the interpretation and/or opinion, or the Arbitration of the Joint Commission, the Management of the Company will apply the new professional classification, however open the relevant jurisdictional way for any reclamation.

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

In order to prevent any kind of discrimination when changing from one system to another, to all those workers who came together in a situation of lower or higher valuation for the needs of the organisation of the work, shall be included in the same professional group in which the other workers who perform the duties or functions performed before the present time change are included.

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

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

The consultations on the professional classification, issued to the Joint Committee, shall be in accordance with the model set out in Annex I.

21. Functional mobility.

A functional mobility may be carried out within the professional groups, when this does not involve a transfer of locality. They shall exercise limit for the same the requirements of suitability and fitness necessary for the performance of the tasks entrusted to that worker.

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

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

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

22. Work of a different professional group.

In case of need, the company may be able to direct the workers to carry out work from a different professional group to their own, reintegrating the worker to their old post when the cause of the change ceases.

In the case of a higher group, this change shall not be longer than six months uninterrupted, sickness, accident at work, licences, special leave and other similar causes, in which case it shall be prolonged as long as the circumstances that have motivated her remain.

Retribution, as long as the higher group work is performed, will be the same.

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

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

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

CHAPTER III

Hiring, revenue, test periods, promotions, and cesses

23. Recruitment.

By reason of the characteristics of the service in the company, the workers are classified in: fixed, contracted by certain times, eventual, interim and contracted part time, in training and practices. In addition, any type of employment contract may be concluded, the modality of which is contained in the legislation in force at any time.

Labor relations will, as a priority, be of an indefinite nature. In the field of employment contracts, the most important legal and conventional provisions will be in the field of employment, both of a general and special nature, as well as of the provisions of this Convention, with the interrelationship between Such rules set out Article 3 of the Workers ' Statute.

23.1 Contracts of a given duration: Workers hired for a given time will have the same rights and equal treatment in employment relationships as other employees of the workforce, except for limitations which are derived from the nature and duration of the contract.

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

23.2 Contract of work or service: In order to enhance the use by companies of the sector of the contracting modalities provided by the Law, and to avoid the maximum the use of forms of external contracting to the undertakings, the contract of work or service determined, as provided for in Article 15.1 of the Staff Regulations, shall be used.

Such contracts may cover all those tasks or works sufficiently differentiated by the additional volume of work which represents, which are limited in time and the duration of which can be envisaged, to be directly or collaterally related to the production process of the company.

Prior to the use of this contractual modality, the company will account to the representatives of the workers of the cause object of the contract, as well as the working conditions of the same, specifying the number of workers affected, professional groups to be assigned and expected duration. This inclusion in this Convention may not be understood in any case as a limitation to the contractual modality provided for in Article 15.1 of the Staff Regulations.

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

A particular work and service contract that is signed for a duration exceeding three years shall be converted into contracts of indefinite duration. The provisions of this paragraph shall affect the contracts for work and service concluded after 2 November 2011.

At the end of the contract, the worker shall be entitled to receive the legally established termination allowance.

23.3 Interinity Contracts: Interinity contracts may be concluded to replace workers entitled to a job reserve in the cases provided for in Articles 37, 38, 45, 46 and 48 of the Staff Regulations. Workers.

The contracts to be agreed shall include the name of the worker to whom it is replaced and the reasons for their replacement. Its duration will be determined by the date of reinstatement of the holder to the job.

23.4 Interim Contract for Legal Guardian: In order to provide new solutions to the coverage of the vacant hours that occur in the work centers of the companies as a result of the exercise of the right to the Reduction of day by legal guardian, a single contract of interinity may be arranged to replace several workers with reduced working hours.

For companies with several work centres in limited geographical areas, workers to be replaced must provide services with the distance between the different 15 km centres; except in Madrid and Barcelona where they are located. the distance may not exceed 20 km. In these cases, the undertaking shall compensate the worker for the transport costs caused by the movement between the centres.

The formalization of this type of contract will be subject to the following rules:

(a) That the total number of hours reduced by workers in a reduced day status by legal guardian is the equivalent of a full day.

(b) In addition to this type of contract, the contract worker for conciliation purposes would accept the novation of his contract to a part-time contract with a maximum contracted working day of the worker to whom he/she replaces from that time. The clause to subscribe model will be as follows:

" In accordance with the provisions of Article 12 (4) of the Staff Regulations, the worker expressly and voluntarily accepts the conversion of his full-time contract into a contract with the part-time with a minimum of 50% of the working day of a comparable full-time worker when there is a return of some of the workers to whom it is replaced, replacing from that time to another with a day not exceeding 50% referred to. '

c) As long as the reinstatement of the total number of workers has not occurred, the replacement shall not end the interinity relationship or the cause justifying the interinity.

The company's management will communicate to the legal representation of the workers in each field on a regular basis the number of people with reduced time by legal guardian, the total number of hours reduced, the center of work which belong and the interinity contracts entered into for replacement.

In companies that do not have RLT, a copy will be sent to the joint commission of the convention.

23.5 Contracts for training and learning: Contracts for training in accordance with the law in force, and the collective agreement itself, will be aimed at promoting vocational training and training in posts which by its very nature requires certain knowledge and experience.

The duration of the contract may not be less than six months or exceed three years. The test period may not exceed one month.

The guaranteed remuneration of contract workers will be 75 per 100 in the first year and 85 per 100 for the following two years, from the SMG of the professional group provided for in the collective agreement and in which the activity, during, respectively, the first and second year of the contract.

The time spent on theoretical training for each training contract to be signed will never be less than 25% for the first year and 15% for the second and third years.

23.6 Practical contracts: They will be understood as referring to this contractual modality, those aimed at concluding with those in possession of a university degree or of higher or middle-grade training, officially titled recognised as equivalent or professional certificates, all in the form provided for in Article 11.1 of the Staff Regulations.

With the aim of reducing youth unemployment, the remuneration of these contracts will be adapted, which will be for the new contracts of employment which they subscribe from the entry into force of the collective agreement of 70% and 80% of the SMG of the the professional group in which the performance of their employment relationship is performed, during the first and second year of the contract, respectively.

The duration of this contract may not be less than six months or more than two years. If the contract has been concluded for a period of less than two years, the parties may agree to extend the contract, not being the duration of each period of less than six months or exceed the total duration of the contract.

The probationary period of these contracts may not exceed one month for those who are in possession of a medium degree or a certificate of professionalism level 1 or 2, or two months for the duration of the contract. concluded with workers who are in possession of a higher grade degree or a level 3 certificate of professionalism.

23.7 Part-time contracts: The contract of employment shall be deemed to be part time when the provision of services has been agreed for a number of hours per day, week, month or year, less than the day The company's full-time rija.

Workers engaged in part-time will have the same rights and equal treatment in employment relationships as other workforce workers, except for limitations arising from the nature and duration of their employment. contract. By agreement between the company and the employees ' representatives, the number of additional hours provided for in this contractual mode may be extended to 50% of the hours covered by the contract. In any case, the sum of the ordinary hours and the additional hours must be lower than the maximum day for the company. Part-time contracts may be of a given or indefinite duration, except in the contract for training.

23.8 Relay Contracts: In those companies in which the circumstances permitting the contract of relief occur, they will be obliged to complete the necessary formalities for the performance of the corresponding replacement contract, provided that the worker concerned so requests. The said contract of relief shall be governed by its formalities and requirements in accordance with the provisions of the legislation in force. However, by mutual agreement between a company and a retired worker, the accumulation of the latter's time may be agreed upon at a certain time of year.

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

This contract must necessarily be formalized in writing in the model to be established, and must include an indication of the estimated duration of the work, on the form and order of the call and the day estimated labor and its hourly distribution.

Prior to the report and consultation of the workers ' representatives, the order and form of call will be established with objective and non-discriminatory criteria. The call to the worker, as well as the notification to the RLT, shall be made at least seven days ' notice.

The Company's Management will inform the workers of the discontinuations regarding vacancies regarding contracts of indefinite duration of an ordinary character that arise in the company.

23.10 Common system of fixed-term contracts. Workers employed for a given time shall have the same rights and equal treatment in employment relationships as other employees of the workforce, except for the limitations arising from the nature and duration of their employment. contract.

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

fixed-term contracts which have a maximum duration of a duration of a duration of less than the maximum legally established, including training contracts, shall be construed tacitly, up to the corresponding maximum duration, where no complaint or extension is expressed before its expiry and the worker continues to provide services.

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

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

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

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

In application of Article 15.7 of the Staff Regulations, the company must inform workers on fixed-term contracts, including training contracts, on the existence of employment contracts. vacancies, in order to ensure the same opportunities for access to permanent posts as other workers.

24. Temporary work companies.

Making contracts concluded with temporary work companies will serve to cover occasional activities according to the legal and conventionally established.

By virtue of the provisions of Law 29/1999 and 14/1994, as well as in the State Convention of Temporary Work Companies in force, companies which, as users, occupy ETT workers, are obliged to (a) to ensure that these workers receive the same remuneration as the employees of the user undertaking who perform the same or similar functions, excluding the allowances provided for in Article 1 (1) (a) of Regulation (EEC) personal.

25. Revenue.

The income of the workers will be in accordance with the general rules on employment and the special rules for specific groups.

A preferential right of entry on equal terms who have performed or perform functions in the undertaking in an eventual, interim, contract of employment for a given time, part time or training contract.

The employer will communicate to the workers ' representatives the jobs he intends to cover and the conditions required of the applicants and he will be obliged to make delivery to the representation of the workers of a copy of the contracts to be performed.

26. Outsourcing of activities.

In accordance with the provisions of Article 42 of the Staff Regulations, where the undertaking concludes a contract for the provision of works or services with a contractor or subcontractor, it shall inform the representatives of workers on the following points:

a) Social name, address, and tax identification number of the contractor or subcontractor.

b) The object and duration of the contract.

c) Place of contract execution.

d) Where appropriate, the number of workers to be employed by the contract or subcontract in the main company's employment center.

(e) Measures to be taken to coordinate activities from the point of view of the prevention of occupational risks.

27. Test period.

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

Professional Group 1: One month.

Professional groups 2 and 3: Two months.

Professional Group 4: Six months.

Professional groups 5-6 and 0: Eight months.

Only the worker is understood to be subject to the probationary period if it is written in the contract.

During the trial period, both the worker and the company will be able to freely resolve the contract without notice, and without the right to compensation.

Elapsed the trial period, workers will enter the template, the test period being computed for all purposes.

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

28. Promotions.

Promotions will conform to the following system:

1. The promotion of workers to tasks or jobs involving command or confidence, such as those of Directorate, and Head, as well as of Inspection, Counseling, Recovery, Surveillance or Guardian, Delegate and/or in charge, shall be of free designation of the Company.

2. For the promotion of the rest of the workers, companies will be able to establish a concourse based on the objective system, taking as a reference the following circumstances: adequate certification, academic assessment, knowledge of the job, professional history, having performed the function of a higher professional group and successfully overcoming the tests that are established.

29. Unilateral termination of the contract.

The staff covered by this Convention who intend to cease in the service of the undertaking must communicate it in writing at least 15 days in advance, with the exception of the cessation of the termination of the service. test period.

Failure by the worker of the obligation described in the preceding paragraph will entitle the company to discount the settlement of the amount of one day's salary for each notice delay date.

The employer must notify in writing the end of the contract 15 days in advance, in contracts of more than one year. Failure to comply will result in compensation of one day's salary for each day of communication delay.

30. Crisis situations.

Companies affected by this collective agreement will give priority in the process of readjustment to internal and external mobility processes (moving/displacements), as well as to assume organisational changes. and flexibility, which are regulated in this Convention, in respect of the use of the flexible hours bag, which will enable the existing resources to be used properly. In any case, the options identified will be the subject of negotiation with the legal representatives of the workers.

Companies are committed to using the procedures of Article 51 of the Workers ' Statute as a final ratio and not without having exhausted internal procedures and means of conciliation and mediation online. with the comments in the previous paragraph.

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

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

CHAPTER IV

Matches, holidays, licenses, and exceed

31. Workday.

The maximum duration of the ordinary working day will be 1,754 (one thousand seven hundred and fifty-four) annual working hours, during the duration of this collective agreement, that is, during the present year 2015 until its completion on December 31, 2017.

Those companies that currently have an annual day lower than the one described in the previous paragraph should continue with their most beneficial working day regime.

In the continuous days of six or more hours, a time of rest (snack) of a minimum duration of 15 minutes will be established, which will be considered effective time of work, respecting in any case the longer-lasting breaks in companies prior to the publication of this convention.

On the calendar that rija in the company, the management of the company may have a flexible working day or schedule of up to 140 hours each year of the Convention, which are considered ordinary in nature, despite its character. irregular, they will be part of the annual computation of the day. Such flexible hours will be applicable in the working days for each worker of the calendar that rips in the company, and can be exceeded the daily limit of 9 hours referred to in the Law, with respect to the minimum breaks already indicated.

The flexibility provided for in the preceding paragraph may consist of increases or decreases in working time (which may not imply any remuneration or labour law) and for its implementation, shall be taken into account the criteria for causation and explanation of the technical or organizational technical reasons which justify it to the representatives of the workers, as well as those directly concerned, five days in advance of the adoption of such a decision.

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

When the flexibility has been extended by day, the compensation of the flexible or free hours made available will be as follows:

A mandatory break time for each flexible hour, up to the tenth hour of daily work, including this one.

1.5 hours for each flexible hour performed, from the tenth hour of daily work. In this case, one hour shall be mandatory rest, and the additional half-hour may be rested or repaid, in accordance with the provisions of the following subparagraph.

The corresponding compensatory rest period shall be enjoyed at the latest within 12 months of the date on which the prolongation of the day occurred, within the agreed annual day, provided that it does not coincide with (a) a period of up to two periods of production, and to ensure that they are fixed by agreement with the representatives of the employees or with the employees concerned. In the event of disagreement, it shall be accumulated on full days and shall be enjoyed, on dates agreed between the undertaking and the worker, within the maximum period of four months from the start of the flexible working period.

The average additional hours of flexible hourly compensation exceeding 10 hours of daily work may be carried out in time of rest or paid at the option of the worker and in the event of disagreement with respect to the date of enjoy, if at rest, the worker shall decide.

The flexible 140-hour bag regulated in the previous paragraph may be used in reverse to address exceptional, and temporary, production situations related to the decrease in the number of hours. of the volume or workload motivated by economic, productive, organizational or technical causes. It shall be used as a preferred instrument prior to the adoption of decisions affecting the maintenance of employment, whether fixed or temporary.

1. Causes. Undertakings which intend to apply the reverse flexibility provided for in this Article shall provide a reasonable proof of the existence of any such economic, productive, organisational or technical cause of any such economic, productive, organisational or technical reason. the adoption of the measure is objectively justified.

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

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

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

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

(a) The company shall notify the worker in writing, in a reasoned manner and 5 days in advance of the effectiveness of the reverse flexibility measure, of the need to replace the hours of effective delivery of his/her work which determine the undertaking for a compulsory break without any remuneration or labour law. The period of notice to the worker may be at the same time as the period of consultation with the representatives of the workers mentioned above.

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

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

(d) Reverse flexibility may not apply to persons who are limited in their presence for reasons of safety, health, time-setting by legal guardian, pregnancy or lactation periods.

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

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

32. Overtime.

The value of overtime will be calculated on the individual hourly wage, which will be added for all staff by a surcharge of 75 per 100 except for those worked on a Sunday or a public holiday, the surcharge of which will be 150 per cent. 100, unless otherwise provided for in law, compensation shall preferably be made for rest periods.

For the purposes laid down in the legal provisions in force, they shall be regarded as overtime, those which are motivated by force majeure, compensation for claims, catastrophe or peak periods of production not foreseeable and provided that the performance of such hours was not possible to replace them by the hiring of workers for the temporary systems provided for by the Law.

Companies will be able to agree with their workers on the compensation of overtime in equivalent free time and not on their economic compensation.

The receipt of wages must include the total amount received during this period of time on the occasion of overtime, as well as its number.

In order to promote employment, in no case will it be possible to carry out more overtime than legally permitted.

33. Work schedule.

Within one month of the publication of the official calendar in the "Official State Gazette", the companies will point out, according to the workers ' representatives, the official work schedule for the company.

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

In addition to the parties established in general and local by the administration, it is established as public holidays on the 24 and 31 December of each year, except for the workers affected prior to the intervention of the legal representation of workers.

34. Holidays.

Regardless of the professional group of the worker, the annual leave will have a minimum duration of thirty calendar days, according to the legal norms. The holidays will be enjoyed at the time of common agreement between the worker and the company. The same will be possible, preferably between the months of May and October, both inclusive, provided the technical and productive conditions permit. In the case where they are enjoyed outside the months before, the duration shall be thirty-five calendar days if they are complete, or thirty-two and a half days in the case of being enjoyed a fortnight in each of the periods referred to, as long as this circumstance occurs due to organizational need of the company.

If the worker requests it, fifteen days of the annual leave will be enjoyed between May and October.

For the purposes of the holiday period, it shall be taken as such in the calendar year concerned, i.e. from 1 January to 31 December, in any event the worker shall enjoy the time taken by him within the period of his/her year, without prejudice to any legal cases in which it may be enjoyed at a later date.

However, workers who on the date determined for the enjoyment of the same, would not have completed a calendar year in the company template, will enjoy these dates of the number of days proportional to the time of services provided.

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

The remuneration of the holiday shall be made on the request of the person concerned before the start of the holiday, and shall be paid on the basis of the average of the worker for all the concepts in normal working time, in the three months prior to the date of initiation of the same.

The staff with the right to leave in the course of the year will be entitled to the proportional portion of the vacation, according to the number of months worked, and the fraction of it is completed as a whole week. In the case of death you will be satisfied with your successors.

In the event that the holiday distribution is effected by the shift system, the shift system will be distributed among the workers through the annual rotation system.

When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 and 48a of the Staff Regulations, shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which is the application of that provision concerned, at the end of the period of suspension, even if finished the calendar year to which they correspond.

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

35. Turnness.

Those companies in which the implementation or modification of a system of collective shifts is carried out must negotiate with the workers ' representatives the new working conditions that could be derived from such a situation as well as any counter-items.

In cases of disagreement between undertakings and workers, the mediation and/or arbitration procedures provided for in this collective agreement must necessarily be used.

36. Licenses.

The worker, whenever possible, may miss work entitled to remuneration for any of the reasons and for the time set out below:

1. Fifteen calendar days in marriage cases.

2. Two days by birth of a child, which may be extended by two others in case of illness or when the worker needs a displacement to the effect.

3. Two calendar days in case of serious illness, hospitalization, accident, surgical intervention or death of relatives up to second degree of consanguinity and affinity, which may be extended when necessary to move to the effect.

Degrees of consanguinity and affinity

	First degree	Second grade
Parent-parent.		Grandparents.
	Children.	Brothers.
		Nietos.

Note: In accordance with the case law of the Supreme Court, the second degree of affinity is understood to include the spouse of the worker's brother.

In paragraphs 2 and 3 of this Article, when the posting to be carried out by the worker involves covering a distance greater than 100 kilometres and less than 200 kilometres, they shall enjoy the third day; and if the distance to cover more than 200 kilometres shall enjoy a fourth day.

4. A natural day in the case of marriage of parents, children, brothers or political brothers at the date of the celebration of the ceremony.

5. For one day per usual home move.

6. 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, in more than twenty per cent of the working hours in a period of three months, the company may pass to the worker Article 46 of the Staff Regulations concerned with the situation of surplus regulated in Article 46 (1).

In the event that the worker is in charge of the duty or the performance of the charge, the amount of the salary to which the company is entitled will be deducted.

7. For the duration of the examination and the posting for general educational rights and vocational training in the cases and in the regulated form in the legislation in force.

Test assistance, be it partial or final, provided that they are regularly cured and used for official studies, and provided that the examinations cannot be made compatible with the work schedule.

8. For the time required to obtain the driver's license by collecting the license on the specific day of the examination and up to a maximum of three times.

9. To perform trade union or staff representation in the terms laid down in the Workers ' Statute, as well as in the Organic Law on Freedom of Association.

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

As for the paragraphs 1 to 3 in duly accredited extraordinary cases, such licences shall be granted for the time specified in the circumstances, agreed, the undertaking and the worker concerned, the conditions of the concession, with the possibility to remember the non-perception of haberes.

37. Rights in relation to the birth and care of children or family members.

37.1. Breastfeeding. In the case of child birth, adoption or acceptance in accordance with Article 45.1 (d) of the Staff Regulations of Workers for the Breastfeeding of the Child until the child is nine months old, workers shall be entitled to an hour of absence from the work, which may be divided into two fractions. The duration of the permit shall be increased proportionally in the cases of birth, adoption or multiple acceptance.

Whoever exercises this right, by his will, can replace him with a reduction of his working day in half an hour for the same purpose. This permit constitutes an individual right of workers, men or women, but may only be exercised by one of the parents in case both work.

Persons entitled to this reduction of working time may replace it, at their will, for a period of paid leave equivalent to the sum of one hour per day effective work and the enjoyment of this right (i) must, necessarily, take place consecutively to maternity leave or paternity leave. The exercise of this right shall be communicated to the undertaking at least one month before the start of the exercise.

37.2 Birth of preterm children or who for any cause should remain hospitalized after delivery. In the case of the birth of a premature child or who, for any reason, must remain in hospital after delivery, the mother or father shall be entitled to leave the work for one hour on a daily basis, without loss of remuneration. economic. They will also have the right to reduce their working hours to a maximum of two hours a day, with a proportional reduction in wages. For the enjoyment of this permit, the provisions of Article 37 (6) of the Workers ' Statute shall apply.

37.3 Reduction of day care for children affected by severe illness. They shall be entitled to a reduction in working time of at least 50% of their duration with a proportional reduction in their salary for parents, adopters or welcoming persons of a pre-adopted or permanent nature in those cases where the two work, for the care for children who are in their care and are affected by cancer (malignant tumors, melanomas and carcinomas), or by any other serious illness, requiring long-term hospital admission, during the time of hospitalization and continued treatment of the disease, accredited by the Public Health Service or another body Health administrative of the relevant Autonomous Community.

This right shall be extinguished when, after a report of the SPS or administrative body of the Autonomous Community concerned, the need for direct, continuous and permanent care of the child or the child has been discontinued. of the beneficiary, or when the child is 18 years old.

This right may be accumulated in full days, if the caregiver decides to do so at the beginning of the enjoyment of the reduction.

37.4 Reduction of day by legal guardian. Those who, for reasons of legal guardian, have a direct care of a person of less than 12 years or a person with physical, mental or sensory disabilities, who do not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of that.

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

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

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

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

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

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

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

In the cases of adoption and acceptance, in accordance with Article 45.1 (d) of this Law, the suspension will last for sixteen weeks uninterrupted, extensible in the event of adoption or multiple acceptance in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without No case of the same minor may be entitled to several periods of suspension.

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

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

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

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

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

The workers will benefit from any improvement in the working conditions to which they could have been entitled during the suspension of the contract in the cases referred to in this paragraph, as well as those provided for in the the following paragraph and in Article 48a.

38. Medical office assistance.

When, for reasons of illness, the worker requires assistance to a doctor's office, he will be entitled to paid leave, for the time indispensable to the effect, provided that the time of the office is coincident. with that of his or her working day, the same shall be justified with the corresponding flyer endorsed by the optional, or duly accredited staff whether or not they are Social Security.

The worker, as far as possible, will ensure that medical practice does not coincide repeatedly within the working day. The licence referred to in this Article shall not be entitled if the assistance for medical consultation takes place in a private centre and the optional person chosen by the worker ensures the care both in the hours of tomorrow and in the afternoon.

Whenever this justification does not imply undermining any fundamental rights of the worker.

It will be done in the same way, when the assistance is for the children under age or parents of the worker, but in the case of the children, when both parents work, only this right can be exercised by one of them. In the case of a worker's parents, this permit shall be enjoyed only when physical, mental, sensory or age-related impossibility of the person who is to attend a medical consultation or hospital, without the need to live with the working person, provided that the prescription of such accompaniment is measured or the parents are over 80 years old.

39. Excess.

39.1 Voluntary Exceding. Workers with a year of service in the company may apply for voluntary leave for a period of no less than four months and no longer than five years, not for the duration of this situation to any effect, and without in any case being can be produced in fixed-term contracts.

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

The worker who does not apply for re-entry prior to the termination of his or her voluntary leave will cause the company to be permanently low. To qualify for another voluntary leave the worker must cover a further period of at least four years of effective service in the undertaking.

When the worker requests, the re-entry will be conditional on vacancies in his professional group and if there is no vacancy in the Professional Group of his own and if at the bottom, the surplus will be eligible to occupy this place with the corresponding salary until a vacancy occurs in your professional group or you do not re-enter until such vacancy occurs.

39.2 Care for child care. In excess of child care, workers shall be entitled to a period of leave of absence, not exceeding three years, to take care of the care of each child, whether by nature or by adoption, from the date of birth. of this, or date of adoption. Successive children shall be entitled to a new period of leave of absence which, if appropriate, shall end the period of their enjoyment. Where the parent and the parent are working in the same undertaking, for reasons that are justified, the employer may limit his or her simultaneous exercise.

The period in which the worker remains in a situation of leave in accordance with this paragraph shall be computable for the purposes of seniority and the worker shall be entitled to assistance with training courses. professional, whose participation must be convened by the management of the company, especially at the time of its reinstatement.

During the first year of leave, you will be entitled to the reservation of your job. After that period the reinstatement shall be an activity of the same professional group. The loss of the right to automatic re-entry will occur if paid work is carried out on behalf of an employed or self-employed person during leave.

39.3 Special Exceding. The worker may be granted leave of absence for up to one year, with automatic re-entry, to attend to a serious illness of the spouse, or a single parent or child, when the spouse works and they live with them. To this end, the nature of the disease shall be justified by means of an official medical certificate, as well as the need for care for the patient.

40. Gender-based violence.

The parties to this Convention, being particularly sensitive to this problem, agree to introduce in this Article the labor aspects regulated in the Comprehensive Law against Gender Violence, which are concretized on the following rights:

In order for female victims of gender-based violence to be able to exercise their employment rights, they must prove such a situation to the employer by means of the order of protection given by the judge in favour of the victim, or exceptionally with the report of the Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender-based violence, until the protection order is issued.

The female victim of gender-based violence will have the right, to make her protection or her right to comprehensive social assistance effective, to the reduction of the working day with a proportional reduction of the salary, or, to the reordering of working time, through the adaptation of time, and the expansion and flexibility of other forms of time management.

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

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

The transfer or change of the job centre will have an initial duration of six months, during which time the company will have an obligation to reserve the job that the worker was taking.

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

By decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence, the period of suspension will have an initial duration that will not exceed six months, unless the proceedings of judicial protection have resulted in the effectiveness of the victim's right of protection requiring the continuity of the suspension, in this case the judge may extend the suspension for periods of three months, with a maximum 18 months.

The period of suspension of the contract is considered a period of contribution for the corresponding benefits to the Social Security.

While the worker who is a victim of gender-based violence, both in the cases of suspension and termination of the contract, is receiving benefit, the public employment service will take into account her situation when she is required to compliance with the commitment of activity (obligation to actively seek employment, accept appropriate placement, professional insertion to increase employability, etc.)

Recognizes the worker's right to terminate her employment contract when she is forced to leave her job as a result of being a victim of gender-based violence. You are entitled to receive unemployment benefits so that such effects are not considered as a voluntary termination of the contract.

The absence or lack of punctuality of the worker motivated by the physical or psychological situation resulting from gender-based violence, will be considered justified, when the social services of attention are determined or health services, without prejudice to the fact that such absences are communicated by the worker to the undertaking.

If a female victim of gender-based violence is dismissed while exercising her right to the reduction or reordering of her working time, geographic mobility, change of work center or suspension of her contract, the Dismissal shall be declared null and void and the employer shall be obliged to take back the worker.

Absences to work motivated by the physical or psychological situation arising from gender-based violence, accredited by the social services of care or health services, may not be taken into account to justify the dismissal of the worker for objective reasons motivated by work absenteeism.

In the matters not covered by this Convention in this matter, it shall be as set out in that Law.

CHAPTER V

Economic Conditions

41. Wage structure.

The salary remuneration of the staff covered by this agreement shall be the basis of the basic salary (SB) and the allowances for the salary.

1. Without prejudice to the provisions of Article 84 (2) of the Staff Regulations, the basic salary (SB) is the minimum guaranteed salary for each professional group.

The guaranteed minimum wage shall be composed of all the remuneration concepts to be paid by the employees of each undertaking in normal or normal activity in unmeasured work. The following concepts are not included: age and variable supplements that depend on quantity and/or quality of work.

2. For those workers who receive higher pay than the basic salary, a personal supplement is established for the difference between the basic salary or the actual salary. This supplement shall not be absorbable or compensable, and shall be revalorizable, up to a maximum amount of EUR 35,000 of total annual salary. The amount exceeding that amount shall be absorbable, compensable and revalorizable according to the free discretion of the undertaking, informing the representation of the workers of the amounts left to be collected, broken down by group professionals.

42. Base salary tables by professional groups for 2015.

The following base salary table is set for 2015:

	Groups	Annual Base Salary 2015
Group I	14.705.60
Group II	15.271.20
Group III	15.694.40
Group IV	16.118.60
Group V	16.825.60
Group VI	18.805.20
Group O	20.783.80

43. Base salary tables by professional groups for 2016.

The following basic salary table is established for 2016, as a result of applying to the 2015 Base Salaries a salary increase of 1.30% from 1 January 2016:

	Groups	Annual Base Salary 2016
Group I	14.896.77
Group II	15.469.72
Group III	15.898.43
Group IV	16.328.14
Group V	17.044.33
Group VI	19.049.67
Group O	21,054.00

44. Wage revision clause 2015 -2016.

In the event that the sum of the Spanish General Consumer Price Index (CPI) for the years 2015-2016 is higher than the sum of the increases agreed in this collective agreement for the For years, the economic concepts covered by this collective agreement shall be regularised, without retroactive effect, in the existing difference.

The new values obtained will serve as the basis for the calculation of the wage increases that could be agreed for the year 2017.

45. 2017 wage increase. Table of salaries bases by professional groups 2017.

The initial wage increase for the year 2017 will be 1.60% on the base salary of the final professional groups of 2016 resulting from the application of the above provisions.

In the first two months of the year 2017 the Joint Commission of the convention will meet for the purposes of verifying if given the evolution of the CPI 2015-2016 it is appropriate to revise the base of calculation corresponding to the table of salaries bases that will serve as a basis for 2017. At the same meeting and once the previous circumstance has been established, the salary table will be compiled by professional groups for 2017, requesting their registration, registration and publication by the labor authority.

45 bis. 2017 salary review clause.

In the event that the Spanish General Consumer Price Index (CPI) for the year 2017 exceeds the increase agreed in this collective agreement for that year, the economic concepts will be regularized. regulated in this collective agreement, without retroactive effect, in the existing difference.

The new values obtained will serve as the basis for the calculation of the wage increases that could be agreed for the year 2018.

46. Clause for the implementation of the collective agreement.

When any of the companies included in the functional scope of the present agreement initiate period of consultations with the representation of the workers for the inapplication of the working conditions foreseen in the present The agreement, in accordance with Article 82.3 of the Workers ' Statute, must be communicated to the Joint Committee.

In the cases of absence of legal representation of employees in the company, they may attribute their representation to a commission designated in accordance with Article 41.4 of the Workers ' Statute or to the business and/or trade union organisations which are signatories to this collective agreement.

When the consultation period ends with agreement, it must be notified to the joint commission of the collective agreement and the labor authority.

In case of disagreement during the period of consultation either party may submit the discrepancy to the Joint Committee of the Convention which will have a maximum of seven days to decide, to be counted since the Discrepancy was raised. Where an agreement is not reached, the parties may use the procedures for the out-of-court settlement of existing conflicts in the territorial area corresponding to the intended application.

47. Personal complement of seniority.

The staff covered by this agreement shall receive periodic increases for years of service, consisting of four years, in the amount of 5 per 100 each, with the limits established by the Workers ' Statute.

Except for those who have more beneficial conditions, the basis for the calculation of the seniority supplement during the years of validity of this Convention shall be EUR 410,00.

This supplement will be paid in each of the payments established by the company, including those mentioned in the following article 48.

48. Bonuses for July, Christmas and March.

On the 15th of July, December and March, the companies will pay a consistent gratification each in the amount corresponding to thirty days of salary of the most ancient convention, if any. In the case of the March payment, it may be prorated throughout the twelve months of the year.

However, companies will be able to agree with the legal representatives of the workers and in their absence with their employees the credit of the earned assets annually prorating them among the number of pages they consider more appropriate.

49. Complement in case of temporary incapacity.

In the case of temporary disability due to illness, suspension of contract for risk of pregnancy or accident, duly accredited by the Social Security, the company will complete the mandatory benefits up to the amount full of their remuneration up to the limit of 12 months, even if the worker has been replaced.

Correction of absenteeism. -The parties to this agreement recognize the serious problem that the absenteeism poses to our society and understands that its reduction implies both an increase in the worker's presence in the The Committee on Social Affairs, Employment and the Working Environment, and the Committee on Social Affairs, Employment and the Working Environment, together with appropriate safety, health and working conditions, have in order to ensure effective protection of the physical and mental health of workers. workers.

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

To properly achieve these goals agree:

1. To do everything possible to suppress absenteeism due to causes related to the work environment in order to an effective improvement of working conditions, taking into account the ILO regulations. To this end, both parties will meet annually in order to analyze the causes of the absenteeism of the previous year and to assess, if appropriate, the type of actions that could be derived from such analysis.

2. Workers ' representatives shall be consulted in all decisions relating to technology, organisation of work and use of raw materials which have an impact on the physical and/or mental health of the worker.

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

Marriage.

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

The usual home move.

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

Performing union or staff representation in terms established legally or conventionally.

Breastfeeding absences of a child under nine months of age.

Absences from hospitalization.

Absences due to an occupational accident.

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

Maternity/paternity leave.

Contract suspension assumptions for legally established causes, except temporary incapacity.

Such effects shall not be considered to be uninterrupted offences of more than twenty-one days or those in respect of hospitalisation, accident at work or maternity and leave.

4. To reduce absenteeism (understood as such the Temporary Incapacity, in accordance with the previous heading and the unjustifiable lack), when the individual number of absenteeism exceeded 4 per 100 of the day/hour to work during the period of Three calendar months, the worker concerned shall no longer receive the temporary incapacity supplement. Such a calculation shall be made on a quarterly basis and, in the case where the worker has wrongly received the supplement, the undertaking shall deduct it in the first month of the following quarter.

5. The power to withdraw the temporary disability supplement, as referred to in the previous paragraph, may be used by the undertakings, even if they have not previously been used.

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

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

The fate of the amount of these funds that will be created with the supplement no longer received by the affected persons, will be decided with the participation of the Representatives of the Workers in a meeting dedicated to this purpose, in the first quarter of the year over the previous year,

50. Salary payment.

The payment of wages will be made through the check system, bank heel, or bank transfer. In the latter case, the company shall ensure that the payment in the worker account occurs at the usual date of payment.

The salary payment period may be weekly, fortnightly, or monthly.

The worker will be entitled to receive advances for the work performed without these being able to exceed 90 percent of the total amount of the earned salary.

Those companies that made the payment of the assets through a cheque or bank account and that the work schedule coincides with the bank's box office, will be obliged to agree with the workers affected. the way in which they can make such charges effective.

51. Incentives.

Those companies in which the implementation or modification of a system of collective incentives is necessary will have to negotiate with the workers ' representatives the new working conditions that could derived from such a situation as well as any counter-items.

In cases of disagreement between undertakings and workers, the mediation and/or arbitration procedures provided for in this collective agreement must necessarily be used.

52. Productivity.

In line with the willingness of the signatory organisations to move towards greater pay-to-productivity ratio, remuneration systems may be set up at the initiative of companies to improve their performance. the productivity and consequently the wages of the workers.

The increase in labor productivity is limited to 40% on normal performance, so the needs for higher productivity in companies of 100%, 200%, 1,000%, etc., do not depend on the workforce. but the company robotizing, mechanizing and informatizing the processes that can be.

Circumscribing us to the productivity of the labor force, and since the organizations that subscribe to this Convention, are full members of the ILO, accept the concepts of the publications issued by this body, and In terms of productivity, this organization establishes for the productivity of the labor force the reference 100 for the normal yields and that of 140 for the optimal yields. The evaluation of the work will make it free and optionally every company that wants it for one of the five techniques that exist to value jobs, according to the type of work that each company develops, using the technique that is more profitable. Such five techniques are: assessment by performance statistics in previous work, job sampling, timing, normalized times, and predetermined times.

However, if some companies that are attached to this Convention will use other different scales of activities and yields, they will be able to continue with the one that they have if they consider it appropriate, understanding that the normal activity 100 is the same reference on all scales even if they are designated with a different figure, (75 Gombert, 60 Bedaux, etc.)

In order to increase the remuneration of workers, it is recommended by the signatory parties to the Convention, to establish in companies the technical or technical of the five expressed that most suits the (a) in order to establish normal returns, as well as systems of economic incentives for higher than normal yields, incentives which, under no circumstances, will become part of the Salary Convention which it perceives by the Normal performance consideration 100. This article on productivity is open in view of its enlargement in successive Conventions according to the needs of the topic.

Procedure for the implementation of a new system of returns and incentives.

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

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

2. In the event that there is no agreement between the Management and the representatives of the workers, in relation to the implementation of a new system of organization of work, either party may request the mediation by the Joint Commission or, both parties by mutual agreement, to the arbitration as provided for in the Agreement on Extrachautional Settlement of Labour Conflicts at the national level in force.

3. In the absence of the required agreement or the request for external arbitration, the implementation of the new system of performance or work will be the faculty and decision of the management of the company, regardless of the actions The Court of Justice held that the Court of Justice held that the Court of Justice held that the As soon as no agreement is reached in the mediation procedure, or the arbitral award or final judicial decision is made, the new system of returns ordered by the Directorate shall be applied, all in accordance with the deadlines laid down in the Article 41 of the ET for assumptions of substantial modification of working conditions.

53. Non-discrimination and positive action clause.

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

In the field of wages, Article 28 of the Staff Regulations, which lays down the conditions for the principle of equal pay on grounds of sex and points out that it relates both to direct pay, is reproduced in Article 28 of the Staff Regulations. as indirect, salary as extrasalarial.

CHAPTER VI

Offsets and Moves

54. Displacements.

Companies may, for the purposes of the service, confer on their employees some commission outside their habitual residence, in which case the worker shall have the right to be paid the costs he has previously incurred. presentation of the relevant supporting documents.

The conditions under which the displacements are to be made will be included in the business pact if you have it. If it is not regulated within the undertaking, the minimum diet to be collected by the persons to be carried out shall be EUR 12 if a meal is made out of home, EUR if it makes food and dinner and EUR 100 if it is necessary for the Stay away from your home, such amounts shall be collected at the time of the start of the posting.

When a posting assumes for the worker the uninterrupted absence of the work centre of more than 30 calendar days, it shall be of a transfer character and shall be carried out by mutual agreement between the two parties.

55. Shipments.

The transfer of personnel to different workplaces that involve change of residence cannot be imposed as a penalty.

In the event that the company has to direct any worker, group of workers, or all of its staff, to another working centre, the procedure laid down in Article 40 of the current Staff Regulations will be followed. Workers.

In cases of change of domicile of the company within the same locality or autonomous community where it has already been exercising its activity, it will proceed in such a way that, in any case, the interests of the workers.

CHAPTER VII

Prevention of work risks

56. Development Framework.

The protection of workers ' health is a basic and priority objective of the signatory parties and considers that to achieve this, the establishment and planning of preventive action in the centres is required. (a) at the end of the period of work and in undertakings which at last has the elimination or reduction of the risks at source, on the basis of its assessment in which the concepts of gender and psycho-social are taken into account, taking the necessary measures, both in the correction of the existing situation as in the technical and organizational evolution of the enterprise for adapt the work to the person and protect their health.

In all matters concerning the prevention of the health and safety of workers, the provisions contained in Law 31/1995 of 8 November on the Prevention of Occupational Risks and Regulations shall apply. concordant, which constitute minimum necessary and unavailable rules of law.

57. The preventive action in the company.

The preventive action in companies within the scope of this Convention shall be based on the following principles:

Avoid and combat risks at source.

Evaluate those that cannot be avoided.

Replace as far as possible the dangerous so you enter little or no danger.

Individual protective equipment must be used when the risks cannot be avoided or cannot be sufficiently limited by technical means of collective protection or by means of measures, methods or procedures organization of the job.

Adopt measures that put collective protection before the individual.

Plan prevention.

Adapt the work to the person, especially in respect to the ergonomie conception of the jobs, and the organization of the work.

58. Obligations of workers in the field of occupational risk prevention.

1. It is up to each worker to ensure, according to his or her possibilities and through compliance with preventive measures, that in each case they are adopted, for their own safety at work and for those other persons to whom they may affect their professional activity, because of their acts and omissions in the work in accordance with their training and the employer's instructions.

2. Workers in accordance with their training and following the employer's instructions shall in particular

3. To use properly, according to their nature and the foreseeable risks, machines, appliances, tools, hazardous substances, transport equipment and in general, any other means with which they develop their activity.

4. Correctly use the necessary means and equipment for protection by the employer, in accordance with the instructions received from the employer.

5. Do not put out of operation and use the existing security devices correctly or install them in the media related to their activity or in the places of work in which they take place.

6. Immediately inform your immediate superior and the designated workers to carry out activities of protection and prevention, if any, to the Prevention Service about any situation that in your opinion, you enter for reasons reasonable, a risk to the safety and health of workers and workers.

7. Contribute to the fulfilment of the obligations established by the competent authority in order to protect the safety and health of workers at work.

8. Cooperate with the employer so that the employer can ensure safe working conditions and do not pose risks to the safety and health of workers and workers.

9. Workers under the age of 18 years, pregnant and breastfeeding women will not be able to hold days in excess of eight hours of effective work.

59. Protection of maternity.

1. The risk assessment shall include the determination of the nature, degree and duration of the exposure of workers in the situation of pregnancy or recent birth, to agents, procedures or working conditions which may influence negatively on the health of the workers or the fetus, in any activity likely to present a specific risk. If the results of the assessment reveal a risk to safety and health or a possible impact on the pregnancy or breast-feeding of the workers concerned, the employer shall take the necessary measures to avoid exposure to such a risk. risk, through an adaptation of the working conditions or working time of the affected worker. Such measures shall include, where necessary, non-performance of night work or shift work.

2. Where the adaptation of the conditions or working time is not possible or, in spite of such adaptation, the conditions of a job may have a negative impact on the health of the pregnant worker or the foetus, and (a) certify that the doctor who, under the applicable social security scheme, is able to provide the worker with the right to provide the worker with a different job or function and compatible with her state. The employer shall determine, after consultation with the representatives of the employees, the relationship between the positions and the risk-free jobs.

The change of position or function will be carried out in accordance with the rules and criteria applied in the functional mobility assumptions and will have effects until the time the worker's health status permits reinstatement to the previous post.

In the event that, even applying the rules mentioned in the preceding paragraph, there is no work or compatible function, the worker may be assigned to a position not corresponding to her group or category. equivalent, although it shall retain the right to the set of remuneration of its place of origin.

3. If such a change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons, the worker concerned may be declared to have passed on to the situation of suspension of the contract for risk during the pregnancy, as referred to in Article 45.1 (d) of the Staff Regulations, for the period necessary for the protection of their safety or health as long as the failure to return to their former post or other post is not possible compatible with its status.

4. The provisions of this Article shall also apply during the period of lactation, if the working conditions may have a negative effect on the health of the woman or the child and the doctor who, on the basis of the Social security scheme, which is applicable to the worker.

5. Pregnant workers shall be entitled to be absent from work, entitled to remuneration, for the carrying out of prenatal examinations and preparation techniques, prior notice to the employer and justification of the need for their performance. within the workday.

60. Medical acknowledgements.

The medical examinations to be carried out must be specific, adapting to the occupational risks present in the positions and workplaces and to the raw materials or additives that are handled in each workplace. These surveys shall be carried out at intervals as determined in the health surveillance protocol of the workplace, without prejudice to the fact that different periods may be established by higher standard.

Those workers and groups of workers who because of their personal characteristics, due to their conditions of greater exposure to risks or other circumstances have greater vulnerability to it, will be monitored in a way particular.

The realization of the medical recognition will be carried out within the working day, the time used will be the necessary one, including the time of displacement and the expenses of the transports that will be borne by the company and will be considered for all purposes as effective working time.

Choice of Mutuals: The Management of the Company will notify the Prevention Delegates in writing, examining in the Committee on Safety and Health, at a meeting called to the effect, at least 15 days in advance, the changes which may occur in the choice of Mutua as well as the decision to grant the management of the contingencies common to them for the purpose of the issuing of the relevant report, which shall not be binding. Also, on an annual basis, the Directorate of the Company shall provide the Prevention Delegates with information necessary to enable the management of the mutual trust to be evaluated within the Committee on Safety and Health.

In addition, companies will be required to submit in writing the risk assessment to the union representation in charge of the prevention and safety and health of individuals at the company level.

CHAPTER VIII

Social enhancements

61. Workwear.

Workers who provide services in sections whose work involves wear of garments superior to normal as well as all junior staff, the company will provide them with apologists, monkeys or garments suitable for work (trousers, etc.) which they perform, at least twice a year, provided that the benefit so requires.

Companies will have to provide clothing and waterproof footwear to staff who usually have to do the work in the open, as well as those workers whose permanent permanent job is required by the company. handling of bulk products which, due to its peculiar nature, could deteriorate its footwear.

Garments shall not be considered as the property of the worker and shall be provided with the garment used for replacement.

Companies may require that their garments be engraved with the name or anagram of the garments, and of the section to which they belong.

The expenses incurred for this reason will be borne by the company.

62. Bind award.

In order to proceed to reward those workers who for twenty-five years have provided their services for the company, the company will be able to satisfy them on the date of their fulfillment a 45-day prize established fixed salary. Similarly, those who reach forty years of service will receive a 75-day prize of the last accredited fixed salary.

For the calculation of the price per day it will be divided into the annual gross salary between 365 days multiplied by the days corresponding to each prize.

63. Help with death and disability.

In the event of death, absolute incapacity or great invalidity of the worker with a year of seniority in the undertaking, he shall be entitled to receive, or in his absence from his successors, a support consisting of the equivalent of three (a) a sum of the last credited salary, by means of a guarantee arranged for the purpose by the undertakings, with a capital which is at least the said amount. Such aid shall have its effect until retirement or at the end of the worker's undertaking.

CHAPTER IX

Trade union rights

64. Booking of hours for workers ' representatives.

Workers ' representatives will have a monthly payment for the trade union representation of a 32-hour credit, regardless of the number of workers with which the company counts.

The credit of paid hours corresponding to the members of the Committees, staff delegates and union delegates, shall be cumulative for annual periods prior to notification to the company by the organizations trade unions in whose applications they have been submitted or on behalf of which they act. The management of such a stock exchange shall be the responsibility of such trade union organisations after the transfer signed by the individual holders of such rights.

The union, or on its behalf the corresponding trade union section, will notify the company monthly of the use of hours by the union delegates, staff delegates and committee members.

65. Trade union sections.

In companies or workplaces affected by this collective agreement, union sections may be established on the basis of the provisions of the Organic Law on Freedom of Association and the following paragraph, and may develop their trade union action with the following content:

1. Workers affiliated to a trade union may be in the field of the enterprise or the workplace:

a) Constituting trade union sections in accordance with the provisions of the union statutes.

b) Hold meetings, after notification to the employer, collect fees and distribute union information, outside the working hours and without disturbing the normal business activity.

c) Receive the information sent to you by your union.

2. The trade union sections of the most representative trade unions and those with representation in the Enterprise Committees 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 their specific legislation.

(c) The use of an appropriate premises where they can carry out their activities in those enterprises or workplaces with more than 250 workers.

66. Public charges.

Workers who hold representative trade union positions shall enjoy the appropriate facilities for the performance of the same, having the right to the full receipt of all remuneration established in this Convention, in the case of absences motivated by the performance of those must be duly justified in each case.

67. Bulletin board.

In each of the business centers of the companies included in this agreement, a bulletin board will be available for use by the workers ' representatives in which the information will be inserted interest to their represented.

It will be such that, without being in the public eye of the workplace, it will be easy to locate it by the workers.

68. Right to non-discrimination.

Workers affiliated with a trade union plant cannot be discriminated against on the basis of their union membership.

69. Special leave for trade union office.

Every active worker who has been elected to a union office at a provincial or higher level will be entitled to be recognized as a union surplus.

This surplus will be extended by the length of time of the charge for which you have been elected and this will be subject to the job.

The surplus worker will automatically be reinstated to your job whenever you request it within thirty days of your termination of office.

CHAPTER X

Disciplinary regime

Workers may be sanctioned by the Business Address, in accordance with the graduation of the faults and penalties provided for in the following articles.

70. Graduation from fouls.

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

71. Minor fouls.

The following are considered minor faults:

(a) From one to three non-justified faults of punctuality in the incorporation to the work, in a period of thirty days, provided that these delays do not result in serious damages for the company and in which case it will be called severe.

(b) Do not take appropriate medical leave in due time, when the work is lacking for justified reasons, unless it is proved impossible to have done so.

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

d) Small neglects in the preservation of the material.

e) Lack of grooming and personal cleansing, where such, that may affect the production process of the company.

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

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

h) Discussions on matters outside the work within the company's dependencies. If such discussions produce a notorious scandal, they may be considered as serious or very serious misconduct.

i) False to work one day per month without justified cause.

72. Serious fouls.

The following are serious faults:

a) More than three unjustifiable faults of punctuality, in attendance at work in a period of thirty days.

b) Absence without cause, for two days for a period of thirty days.

c) Do not communicate with due punctuality, changes experienced in the family, that may affect Social Security. Malicious misconduct in this data will be considered to be very serious.

d) Deliver to games or distractions at work hours.

e) The simulation of illness or accident.

f) Disobedience to his superiors in any matter of work. If there is a manifest breach of the discipline, or if there is a manifest injury to the undertaking, it may be considered to be very serious.

g) Simulate the presence of another worker, by signing, answering, or signing by.

h) Denial or desidia at work, affecting the good running of the service.

i) The recklessness in the act of work. If there is a risk of accident to the worker, to his or her companions or danger of damage to the facilities, it may be considered to be very serious.

j) Perform, without the appropriate permission, particular works during the day, as well as employing company tools for own uses. The drunkenness out of act of service wearing the uniform of the company, provided that in the uniform can be identified to the company.

k) The recidivism at a slight lack (excluding punctuality), even if it is of different nature, within a quarter and having mediated written communication.

73. Very serious fouls.

The following are considered to be very serious:

(a) More than ten unjustifiable faults of punctuality, exceeding five minutes committed within a period of six months or twenty for one year.

(b) Fraud, disloyalty or breach of trust in the management and theft or theft, either to the company or to the co-workers or any other person within the company's premises or during the work anywhere else.

c) Make the company disappear, disable, destroy or cause damage to the company's first materials, tools, tools, machinery, appliances, installations, buildings, articles and documents.

d) The conviction for the offence of theft, theft or embezzlement, committed outside the company, or any other kind of facts that may involve it, distrust of its author, and in any case, the duration of more than six years, dictated by the Courts of Justice.

e) The continued and usual lack of grooming and cleaning, such as to produce justified complaints from colleagues.

f) The usual drunkenness that negatively impacts the work.

g) Violate the secret of the correspondence or reserved documents of the company or reveal to foreign elements the same required reservation data.

(h) The ill-treatment of words or work, abuse of authority or a serious lack of respect and consideration for the bosses or family members, as well as the companions and subordinates.

i) Causing serious accidents through negligence or recklessness.

j) Abandon the job as a liability.

k) The voluntary and continuous decrease in the normal performance of the work, provided that it is not motivated by the exercise of any law recognized by the laws.

l) The occurrence of frequent rines and pendences with coworkers.

m) The recidivism in a serious fault, even if it is of a different nature, provided that it is committed within six months of the first occurrence.

n) The abuse of authority by the bosses will always be considered to be very serious. The one who suffers it will immediately put it in the knowledge of the company's management.

or) It will be considered to be very serious, any form of sexual harassment.

74. Sanctions regime.

It is up to the company to impose sanctions in the terms of the provisions of this convention.

The sanction of minor and serious misconduct, or very serious, will require written written communication to the worker.

The requirement for the opening of a disciplinary record shall be understood in those cases of very serious misconduct with the written communication to the worker in which the charges against him are established. The worker shall be granted a period of at least three working days and a maximum of one week for the purposes of the worker's ability to make such claims as he considers appropriate.

In any case, the company will account to the employees ' representatives on the same day as the affected person, of any sanction or disciplinary record opening.

75. Maximum penalties.

The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:

For minor faults: Verbal, written warning, suspension of employment and salary up to two days.

For serious faults: Suspension of employment and salary of three to fifteen days.

For very serious faults: From the suspension of employment and salary from sixteen to sixty days, until the termination of the contract of employment, in the cases where the fault is qualified to a maximum degree.

76. Prescription.

The power of the company to sanction, shall prescribe for minor faults, at ten days, for serious faults within twenty days, and for very serious faults, at sixty days from the date on which the undertaking had knowledge of his or her commission, and in any case within six months of having been committed.

77. Graduation of faults.

For the sole purposes of the graduation of faults, no account shall be taken of those that have been previously committed according to the following deadlines:

Mild fouls: three months.

Serious fouls: six months.

Very Serious Faults: One Year

CHAPTER XI

Professional training in the field of work

78. Training for employment at sectoral level.

The organisations which are signatories to this Convention consider the continuing training of workers as a strategic element which makes it possible to reconcile the greater competitiveness of companies with individual training and training. professional development of the worker.

In this sense, the organizations that are signatories to this collective agreement will assume in the field of the sector the functions that the legislation in force in the field entrusts them in order to facilitate and to promote the actions of training for employment in the workplace.

CHAPTER XII

Mixed Commission and Conflict Autonomic Solution Procedure

79. Joint committee.

The parties to this agreement, the Comisiones Obreras Industria (CCOO-Industry) and the Federation of Mobility and Consumer Services of UGT (SMC-UGT) on the one hand, and the Spanish Wholesale Federation of Perfumeria, Drogueria and Annexes (FEMPDA), the Spanish Association of Chemical Trade (AECQ) and the Catalan Business Federation of the Chemical Sector (FEDEQUIM), on the other hand, agree to establish a Joint and Joint Commission as an organ of interpretation, arbitration, reconciliation, restructuring and monitoring of the Convention.

The address of the Joint Commission is fixed at:

CC. OO. -Industry, in Calle Ramírez de Arellano, 19, 6. th floor, 28043 Madrid.

SMC-UGT, in Avenida de América, 25, 8. ª, 28002 Madrid.

FEDEQUIM, in Calle Roger de Lluria, 44, 2. º, 08009 Barcelona.

AECQ, in Viladomat Street, 174, 08015 Barcelona.

FEMPDA, en Calle Orense, 68, 5. º, 28020 Madrid.

80. Composition.

The Joint Committee shall be composed of four representatives of the employees and four representatives of the employers, who shall elect one or two secretaries.

This commission will be able to use the services of advisors on all matters within its competence. Such advisers shall be freely appointed by each of the parties.

81. Procedure.

The cases submitted to the Joint Committee shall take the form of ordinary or extraordinary. They will award such qualification any of the union and business associations that are signatories to the collective agreement.

In the first case, the Joint Committee will have to resolve within a period of 15 days, and in the second, within the maximum of seventy-two hours, without prejudice to the compliance with the legal deadlines in those procedures that specifically is fixed for the intervention of the Joint Committee.

The Joint Committee will proceed to convene, without distinction, any of the parts that make it up.

82. Functions.

The following are specific functions of the Mixed Commission:

1. Interpretation of the Convention. Such interpretation shall be carried out on the basis of the following guidelines:

1.1 Where any of the parties to the Joint Committee receives an application for intervention, it shall transmit it to the other parties of the Joint Committee, so that each party may obtain the information it deems necessary, each case the character of ordinary or extraordinary for the purposes of the term of the judgment of the same.

1.2 The joint Commission resolution will be carried out in all cases on the basis of the information provided by the consulting party, taking into account the additional documentation received and the assessments of the Joint Committee. perform. For the relevant purposes, all this documentation shall be archived by the Joint Committee and shall be an integral part of the Joint Committee's own resolution. The Joint Committee shall notify the parties concerned by each consultation of the decision taken.

1.3 The agreements of the Joint Commission for the interpretation of the Convention will have the same value as the text of the Convention in accordance with the provisions of Article 91 (4) of the Workers ' Statute. In any case, those affected by the resolution may appeal to the competent jurisdiction in defence of their interests.

2. To mediate or to adjudicate in the treatment and resolution of any collective issues and conflicts that may arise within the scope of this collective agreement.

In this regard, the Joint Committee will coordinate its actions with the mechanisms of mediation, conciliation and arbitration that exist or that can be put into operation in the future, both at national and regional level. depending on the territorial scope of the conflict.

3. Monitoring the collective compliance of the agreed upon.

4. To understand in terms of consultation and/or mediation, prior and compulsory to the administrative and judicial route on the interposition of collective conflicts arising in the companies affected by this Convention by the application or interpretation derived from it.

5. To take the necessary steps before the Central or the Autonomous Administration, in order to obtain aid that would allow for greater de-judicialization of the collective conflicts.

To achieve these objectives the relevant Joint Committee would include in the text of the Convention the relevant procedure.

6. Draw up the list of mediators and arbitrators to exercise as such in the conflicts arising in the sector of the Wholesale Chemicals, Drogueria, Perfumeria and related products in accordance with the procedure laid down in the Agreement Autonomous Solution of Labor Conflicts in force.

7. With regard to the arrangements, procedure, rights of consultation of workers ' representatives and the effects of substantial changes to the conditions of work, both individual and collective, the provisions of Article 41 of the Treaty shall apply. of the Workers ' Statute.

Under the provisions of Article 41.4 of the Staff Regulations, the procedure to be followed for the amendment of the conditions referred to in paragraphs 5 and 6 of Article 41 shall be the next:

At the beginning of the 15-day consultation period, the company will provide the representation of the workers in writing with the information justifying the measure, the objectives to be met, the impact of the measure on the progress of the undertaking and/or employment, as well as the measures necessary to mitigate the consequences for the persons concerned and to assess in a specific manner the occupational risks which may result from the substantial changes of working conditions to be implemented.

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

Furthermore, the parties may at any time replace by agreement the period of consultations referred to in Article 41.4 of the Staff Regulations by the mediation and/or arbitration of the Joint Committee of the Present Convention.

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

In the event of disagreement, the parties shall request mediation or, where appropriate, the arbitration of the Joint Committee in the terms set out in Articles 79 et seq. of this Convention.

However, in the cases of substantial modification of working conditions referred to in Article 41.5 of the Workers ' Statute, the application of the mediation and arbitration procedures referred to in the The above paragraph shall not interrupt the application of any modifications ordered by the Management of the Company after the period of consultation has been exhausted. In the event of the eventual implementation of these changes, the parties concerned shall be informed in advance of any new risks and the adjustments to the occupational risk prevention plan shall also be made.

The intervention as interlocutors to the company's management in the consultation procedure will be the responsibility of the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

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

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

8. In the case of negotiation at the level of the company of non-application of the collective agreement, the article that is developed in this text will be included.

83. Voluntary dispute settlement procedures.

Likewise, the parties to this Convention declare their voluntary adherence, in the event of a conflict, to the provisions of the Fifth Agreement on the Autonomous Settlement of Labour Conflicts (the Extra-Judicial System) (BOE of 23 July). February 2012) or rule to replace it for the duration of this Convention.

Discrepancies that may arise in the development of the functions of the Joint Commission in accordance with the provisions of this Convention may be resolved in the process of mediation and/or arbitration by the solution systems. Existing conflicts extra-judicial.

In each case the question will be submitted to the system which, by the territorial scope of the conflict, is competent and according to the rules of each one of them.

CHAPTER XIII

Equal opportunities

84. Equal opportunities.

The Convention's signatories to the Convention, both trade unions and employers, understand that there is a need to establish a general regulatory framework for intervention at sectoral level to ensure that the fundamental right to equal treatment and opportunities in companies is real and effective. They therefore agree on the following general sectoral objectives:

(a) Establish guidelines for the elaboration, structure and procedure of equality plans in order to achieve the optimal management of human resources in order to avoid discrimination and be able to offer equality of real opportunities, building on a permanent resource for social dialogue.

b) a Sectoral Commission for Equality whose powers are referred to in Article 90 of this Convention for the purpose of the development of an effective work on equal treatment and opportunities in the job.

85. Equality plans.

In accordance with the provisions of the Organic Law 3/2007, companies are obliged to respect equal treatment and opportunities in the field of employment and, for this purpose, must adopt measures aimed at avoiding any type of employment discrimination between women and men, measures to be negotiated, and where appropriate agreed, with workers ' representatives in the form to be determined in the labour law.

In companies of more than 250 employees, have one or more job centers, the equality measures referred to in the preceding paragraph shall be directed to the elaboration and implementation of an equality plan.

Companies will also develop and implement an equality plan, subject to negotiation or consultation, where appropriate, with the legal representation of workers, when the employment authority has agreed in a sanctioning procedure. the replacement of ancillary penalties for the preparation and implementation of such a plan, in the terms set out in the said agreement.

The development and implementation of equality plans will be voluntary for other companies, after consultation with the legal representation of workers.

For the purposes of the provisions of this Convention regarding the equality plans and the diagnosis of situation, it must be taken into account in Article 5 of the Organic Law 3/2007, according to which it will not constitute discrimination in access to employment, including the necessary training, a difference in treatment based on a sex-related characteristic when, due to the nature of the specific professional activities or the context in which it is carry out, such a characteristic constitutes an essential and determining professional requirement, provided that where the objective is legitimate and the requirement provided.

To this end, the present Convention follows a set of guidelines and rules in relation to the equality plans and the situation diagnoses which may be followed by the companies of more than 250 workers included within its scope and the purpose of which is to facilitate the implementation and implementation of the Organic Law 3/2007.

86. Concept of equality plans.

As established by the Organic Law 3/2007, the plans for equality of companies are a set of measures, adopted after a diagnosis of the situation, aimed at achieving in the company equality of treatment and opportunities between women and men and eliminate discrimination on grounds of sex.

The equality plans will set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives. fixed.

87. Situation diagnosis.

Prior to the setting of the equality objectives to be achieved, the companies will make a diagnosis of the situation agreed with the RLT, the purpose of which will be to obtain data disaggregated by gender in relation to with the working conditions, and with particular reference to matters such as access to employment, training, classification and professional promotion, the remuneration and organisation of the day, the reconciliation of working life, family and staff, etc. All for the purposes of finding, if any, the existence of situations of unequal treatment or opportunities between men and women lacking objective and reasonable justification, or situations of discrimination on grounds of sex, assume the need to set those objectives.

This will result in a joint agreement with union representation.

The situation diagnosis should provide data disaggregated by gender in relation to, among others, some of the following issues:

a) Distribution of the template in relation to ages, seniority, department, hierarchical level, professional groups and level of training.

b) Distribution of the template in relation to contract types.

c) Distribution of the template in relation to professional groups and wages.

d) Distribution of the template in relation to the organisation of the working day, annual working hours, shift arrangements and measures to reconcile family and work life.

e) Distribution of the template in relation to union representation.

f) Revenue and ceases produced in the last year specifying professional group, age and type of contract.

g) Levels of absenteeism by specifying causes and breaking down those corresponding to permissions, disabilities, or others.

h) Last year excedences and reasons.

i) Last year promotions specifying professional group and posts to which it has been promoted, as well as promotions linked to geographic mobility.

j) Last year training hours and type of training actions.

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

88. 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 which may consist of the establishment of positive action measures in those areas the existence of situations of inequality between women and men lacking objective justification, as well as in the establishment of general measures for the effective implementation of the principle of equal treatment and not discrimination.

Such objectives, which shall include strategies and practices for their achievement, shall preferably be aimed at the areas of access to employment, training, classification and professional promotion, remuneration and working conditions, reconciliation of family life, etc., and, among others, may consist of:

a) Promote equality selection and promotion processes that prevent vertical and horizontal segregation and the use of sexist leguage. This will aim to ensure transparent selection procedures for entry into the company through the non-discriminatory drafting and dissemination of job vacancies and the establishment of objective and appropriate tests for the requirements of the of the position offered, related exclusively to the assessment of individual skills and abilities.

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

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

d) Review the incidence of atypical forms of recruitment (part-time contracts and temporary hiring arrangements) in the working group in relation to workers and take corrective action in the event of of higher incidence on these forms of procurement.

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

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

g) Conduct specific courses on equal opportunities.

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

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

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

k) Establish measures to detect and correct possible risks to the health of women workers, especially pregnant women, as well as actions against possible cases of moral, sexual and sexual harassment, that preventive measures, awareness training, guardianship, are agreed, establishing protocols for this purpose.

89. Competence of the undertakings and the representatives of the employees in the preparation of the plans for equality and transitional arrangements.

It will be up to the company to perform the situation diagnosis. The documentation to be provided for such diagnosis shall be made available for the purpose of informing the employees ' representatives.

Once the diagnosis of the situation has been made, the companies affected by these provisions will have to negotiate with the workers ' representatives the corresponding plan of equality without prejudging the result. the negotiation since, both the content of the plan and the measures that in its case must be adopted will depend always on the previous diagnosis and that have been found in the company situations of inequality of treatment. In the event that there were discrepancies and a review of conflict in accordance with the provisions of the law, the mediation and arbitration bodies of the Joint Committee shall be competent.

Once the equality plan has been implemented in the company, the workers ' representatives will be informed on an annual basis about their evolution, with the latter being able to issue a report if they consider it appropriate.

Companies shall have a period of time that is consistent with the validity of this collective agreement for the purposes of applying the provisions of the foregoing articles in respect of the situation diagnoses and the equality plans.

90. The Sectoral Joint Committee for Equal Opportunities.

It is agreed to constitute a Sectoral Joint Commission for Equal Opportunities among the signatories to this Convention in order to address the commitments made in this Chapter XIV of the Collective Agreement, with the following competencies:

a) Understand in terms of consultation on questions of interpretation and/or application that may arise in companies in relation to the provisions on equality plans set out in the previous articles.

b) Follow up on the evolution of the equality plans agreed in the companies in the sector.

c) Possibility to draw up technical opinions on aspects related to equal treatment and opportunities between women and men at work at the request of the Joint Committee.

If this is done in the same way, it will be able to produce a specific study in relation to the equality of opportunities in the sector and, in particular, an evaluation of the employment and employment situation of women, to realize through the sectoral survey of the implementation of the convention and for which it will be necessary for the data to be presented in the latter disaggregated by gender.

The outcome of the pooling of these reports and their conclusions will be the annual report on equal opportunities for the sector.

91. Prevention protocols for harassment, sexual harassment and for sex.

In accordance with the provisions of the second collective agreement of the previous collective agreement, the parties agreed on 6 February 2012 within the Joint Commission on a model of the protocol for the prevention of harassment, sexual harassment and by reason of sex in the sector.

Such a protocol, the text of which is incorporated in this article into the collective agreement, will apply in all companies affected by this collective agreement that do not dispute one of their own agreements with the legal representation of workers.

1. Declaration of principles. Among the principles of conduct and action of enterprises within the functional scope of this collective agreement is the "Respect for Persons" as an indispensable condition for individual and professional development, with its more immediate reflection on the principles of "Respect for Legality" and "Respect for Human Rights" which regulate the activity of all persons in the exercise of their functions, which requires the observation of an appropriate, respectful and dignified treatment, ensuring the safeguarding of fundamental rights of a working nature, personal privacy and equality.

In this same sense, the Organic Law 3/2007, of March 22, for the effective Equality of Women and Men recognizes that equality is a universal legal principle recognized in various international texts on rights human rights, instituting the obligation to promote working conditions that prevent situations of harassment, as well as by arbitrating specific procedures for their prevention and to give caution to complaints or complaints that may be made by those who have been object of the same.

The undersigned organizations of this collective agreement consider that conduct contrary to the principles previously stated, and more specifically, those that the present text identifies as acts of harassment, they are unacceptable, and therefore a mutual commitment of collaboration, in zero tolerance to any kind of harassment, must be adopted at all levels.

This protocol aims to prevent harassment in the working environment and, if it occurs, to ensure that appropriate procedures are available to deal with the problem and avoid a repeat. These measures are intended to ensure that workplace environments are free of harassment, in which all persons are obliged to respect their integrity and dignity in the professional and personal field.

For the above, and in the development of the duty laid down in Article 48.1 of the Organic Law 3/2007 of 22 March for the Effective Equality of Women and Men, "Official Gazette of the State" of 23, the signatory parties agree the following protocol:

2. Personal scope. This Protocol shall apply to all personnel of undertakings falling within the functional scope of Article 1 of this Convention which do not have their own protocol.

3. Definitions and preventive measures.

a) Moral Harassment (mobbing): Any abusive conduct or psychological violence is understood to be carried out in a prolonged manner over time on a person in the field of work, manifested through repeated behaviour, facts, orders or words which aim to discredit, disregard or isolate a person in order to achieve a self-abandonment of work, resulting in progressive and ongoing damage to his or her dignity or mental integrity. It is considered an aggravating circumstance that the person exercising the harassment has some form of hierarchical authority in the structure of the company about the person being harassed.

Moral harassment can be presented in three ways:

i. In descending order, when the victim is in charge of the alleged victim of the harassment.

ii. Horizontally, when it occurs among people of the same hierarchical level, usually seeking who acts to hinder the work of those who suffer it in order to deteriorate the professional image of this and even to attribute itself merits others.

iii. In ascending form, when the person who acts is a person who occupies a position of lower level than that of the alleged victim.

b) Sexual harassment. In accordance with the provisions of Article 2.1 (d) of Directive 54/2006 of 5 July 2006 and Article 7 of the Organic Law 3/2007 of 21 March, sexual harassment is considered to be the situation in which any verbal, non-verbal or non-verbal behaviour occurs. physical, of a sexual nature with the purpose or effect of attacking the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

c) Harassment by reason of sex. In accordance with Article 2.1 (c) of Directive 54/2006 of 5 July 2006 and Article 7 of the Organic Law 3/2007 of 21 March 2007, the situation in which a person's conduct, relating to the sex of a person, occurs, is defined as with the purpose or effect of attacking the dignity of the person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

(d) discriminatory acts. Both sexual harassment and harassment on grounds of sex are set out in Article 7.3 of the Organic Law 3/2007 for the Effective Equality of Women and Men as discriminatory acts, the same object of prohibition being expressed in the principles conduct and conduct, enjoying the special protection afforded by the Spanish Constitution to fundamental rights.

e) Preventive measures. They are established as preventive measures of harassment, the following:

1) Raise the awareness of the template in both the definition and the forms of manifestation of the different types of harassment, as well as in the procedures for action identified in this protocol, in case of occurrence.

2) Respect the principle of not tolerating such conduct, with the use of necessary disciplinary measures in implementing labour law.

3) Establish the principle of co-responsibility of all workers in the surveillance of work behaviors.

4) Define educational and/or communication programs that favor communication and closeness in any of the levels of the organization.

4. Procedure for action. The companies affected by this protocol guarantee the activation of the procedure described below when there is a complaint of sexual harassment or because of sex, counting for this with the participation of the representatives of the workers.

(a) Principles of the action procedure. The procedure for action shall be governed by the following principles, which shall be observed at all times:

Guarantee of confidentiality and protection of the privacy and dignity of the persons involved, guaranteeing in any case the preservation of the identity and personal circumstances of the person who reports.

Priority and urgent processing.

Comprehensive investigation of the facts, and if necessary, directed by specialized professionals.

Guarantee of action by taking the necessary measures, including, where appropriate, those of a disciplinary nature, against the person or persons whose conduct of sexual harassment or harassment on grounds of sex is proven, as well as in relation to the one who formulates imputation or false denunciation, mediating bad faith.

Indemnification against retaliation, ensuring that no adverse treatment or negative effect on a person will occur as a result of the filing of a complaint or demonstration in any direction aimed at preventing the the situation of harassment and the initiation of the present proceedings (without prejudice to disciplinary measures which may be arbitrated in cases of manifestly false denunciation).

A guarantee that the person who is harassed can continue in his or her job under the same conditions if that is his will.

b) Scope. The present procedure is internal, therefore, it does not exclude or condition the legal actions that may be exercised by the injured persons.

c) Initiation of the procedure. The procedure shall be initiated by bringing to the attention of the human resources responsible for the workplace, the situation of sexual harassment or by reason of sex, which may be carried out in any of the following ways:

1. Directly by the affected person.

2. Through the workers ' representatives.

3. For anyone who has knowledge of the situation.

d) Instruction. The instruction in the file shall always be carried out by the persons responsible for human resources of the undertaking who shall be responsible for instructing the proceedings and shall ensure that the reporting principles are respected during the procedure. they are included in the action procedure.

Those who instruct the case, unless the person affected by the harassment manifests the contrary, for which they will be expressly asked, they will put in the knowledge of the workers ' representatives the situation, keeping them at all times to the stream of his performances. As long as the express consent of the alleged victim is not recorded, it is not possible to put the situation in the knowledge of the workers ' representatives.

The persons participating in the instruction (address, trade unions or any) are subject to the obligation of professional secrecy on the information to which they have access during the processing of the file. Failure to comply with this obligation may be subject to sanction.

Exceptionally and in particular circumstances that may occur in any case, the instruction of the file may be delegated to another person who designates the Human Resources Directorate.

e) Previous procedure. With the knowledge of the situation of harassment, a preliminary procedure will be initiated automatically, the aim of which is to resolve the problem immediately, as on occasions, the mere fact of manifesting the person who allegedly In addition to the offensive or intimidating consequences of their behavior, it is sufficient for the problem to be solved.

At this stage of the procedure, the person who will instruct the file will meet with the parties in order to clarify the facts and reach a solution accepted by both parties.

The prior procedure is highly recommended, but in any case optional for the alleged victim. Once initiated, and in the event that the same does not end within ten days from the start having resolved the problem of harassment, it will necessarily lead to the opening of the formal procedure.

f) Formal Procedure. The formal procedure shall be initiated with the opening, by the investigating party, of an information file.

For the elaboration of the same, in the instruction you will be able to practice how many actions are considered necessary for the clarification of the facts denounced, keeping the formality of giving the parties to the proceedings involved.

In the shortest possible time, without never exceeding a maximum of 30 days, a report containing the description of the reported facts, the concurrent circumstances, the intensity of the same, the reiteration in the the conduct and degree of involvement in the work obligations and the working environment of the alleged victim.

In any case, you must be convinced or not of the investigating party to have committed the facts reported, making explicit the facts that have been objectively accredited based on the due diligence.

g) Precautionary measures. During the processing of the file on a proposal from the investigating party, the Directorate of the Company may take the necessary precautionary measures leading to the immediate cessation of the situation of harassment, without such measures being liable to prejudice the working conditions of the persons involved.

h) Assistance to the parties. During the processing of the file the parties concerned may be assisted and accompanied by a person of trust, whether or not representing the employees, who shall keep the information to which he or she has access.

This trusted person may be present in the statements and communications that the investigating party directs to the persons involved.

i) Closing the case. The Management of the Company, taking into consideration the gravity and transcendence of the facts accredited, will adopt, within a maximum period of 15 days the necessary corrective measures, being able to be the ratification as definitive of the measures precautionary measures taken in the handling of the file.

In any case workers ' representatives shall be aware of the final result of all the files which may be processed, as well as of the measures taken, with the exception of identity and personal circumstances. of the alleged victim of the harassment, (if the victim requested that the facts not be brought to the attention of the victim).

In any case, if sexual harassment is found or because of sex, the disciplinary measures provided for in the Law will be imposed. Similarly, if it is accredited, it shall also be deemed to be an act of discrimination on grounds of sex.

In the event that the non-existence of harassment is determined in any of its modalities, and the bad faith of the complaint is also determined, the corresponding disciplinary measures shall apply.

Additional disposition first. Alternative fulfilment of the template reserve obligation in favour of disabled workers.

This Convention provides for the possibility laid down in Article 1 (1) of Royal Decree 364/2005 of 8 April 2005 that undertakings may adopt the replacement measures set out in that Royal Decree.

ANNEX I

Professional classification mixed commission query models

Annex I

Model to be completed for professional classification consultations with the Joint Committee of the Convention of wholesalers and importers of industrial chemicals and drugstores, perfumeries and annexes

Sheet 1

Functional location:

Company's geographical location:

Professional classification by company (group):

Professional classification proposed by the representatives of the affected workers (group):

Date:

Fdo ........................................ (the company):

Fdo ......................................... (el/interested party)

Sheet 2

Position description

Main functions you perform in your job (for clarity, draw a horizontal line by separating each task from the following):

Daily tasks:

Regular or occasional tasks (indicating average periodicity):

Sheet 3

Knowledge required for function performance

(note with an X in each concept the level required for the position)

Academic training.

Primary studies. Knowledge acquired in practice.

ESO Title, Undergraduate in ESO or equivalent studies.

Bachelor's degree or equivalent studies.

Degree of University Degree or more courses of some technical or social complexity.

Degree of University Degree plus master of higher vocational training.

Master's Degree Degree plus Master and/or Doctorate degree.

Professional Training.

Second-degree vocational training, more courses of administrative, commercial training, etc. Vocational training or careers in the training frameworks of the company itself.

Languages.

Do not require languages.

Knowledge of a foreign language.

Domain of a foreign language.

Domain of one foreign language and knowledge of another.

Domain of two foreign languages.

Experience required for the function.

Up to a month.

Up to three months.

Up to nine months.

Up to eighteen months.

Up to three years.

Over three years.

Sheet 4

Initiative/Autonomy

Autonomy:

a) On what occasions do you decide on your own?

b) On what occasions do you decide according to fixed rules?

c) On what occasions do you consult your boss?

Difficulties:

Complexity of the job:

Special skills:

Environmental conditions:

Responsibility:

Responsibility for function and/or result (liability for possible failures or errors that may occur in the performance of the function):

Responsibility for internal or external relationships (with other or external company personnel).

Command:

Denomination of the top post that you are occupying or hierarchically dependent on.

Naming of the position you occupy:

Jobs or subordinate units.

Number of people.

Number of people.

Number of people.

Tasks that you coordinate: