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Seen the text of the Convention collective of wholesale e importers of products chemical industrial and of drugstore, perfumery and annexes (code of Convention number 99001095011981), that was subscribed with date 18 of June of 2015, of a part by the Federation Spanish of wholesale of perfumery, drugstore and annexes (FEMPDA), the Association Spanish of trade chemical (AECQ) and the Federation business Catalan of the Sector chemical (FEDEQUIM) on behalf of the companies in the sector, and on the other, by the trade unions CC. OO.-industry and the Federation of services to the mobility and the consumption of UGT (SMC-UGT), in representation of them workers, and of conformity with it ready in the article 90, paragraphs 2 and 3, of the law of the Statute of them workers, text consolidated approved by Real Decree legislative 1 / 1995, of 24 of March, and in the Real Decree 713 / 2010 May 28, on registration and deposit agreements and collective work agreements, this General Directorate of employment meets: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Bulletin official of the State».
Madrid, 20 July 2015.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.
CONVENTION COLLECTIVE OF WHOLESALE E importers OF OF PRODUCTS CHEMICAL INDUSTRIAL and OF DRUGSTORE, PERFUMERY and ANNEXES in accordance with the provisions of the title III of the Statute of them workers, is makes noted that the present Convention collective has been negotiated and concluded as parts of the same in representation of them workers by them organizations Union CC. OO-industry and services Federation UGT (SMC-UGT) consumption and mobility and on behalf of the companies in the sector business organizations, Spanish Federation of wholesalers of perfumery, drugstore and annexes (FEMPDA), the Spanish Association of the chemical trade (AECQ) and the business Catalan Federation of the industry chemical (FEDEQUIM).
The parts is recognize legitimation initial, full and decision-making in the field functional, personal and territorial of the Convention collective, by what the same enjoys of efficiency general normative in its scope.
CHAPTER I scope of application 1. Territorial scope.
The rules of the present Convention will govern in all the territory of the State Spanish, except it willing in the article of concurrency of conventions.
2. functional scope.
All those companies that have any of the following as main activity are subject to the provisions of the Convention: import, export and trade to the wholesale of industrial chemicals.
Import, export and trade to the by largest of perfumery and drugstore.
Import, export and trade to the wholesale of plastic products.
Import, export and trade to the wholesale painting products.
Import, export and trade to the wholesale products.
Import, export and trade to the by largest of material scientific health.
Import, export and trade to the wholesale of pharmaceutical raw materials.
Import, export and trade to the by largest of material of laboratory and orthopedic.
Import, export and trade to the wholesale of orthopaedic products.
The reference which is made in this article under the name «Trade», is merely to title without limitation and to distinguish this activity of the attention to the public in retail operations.
3. personal scope.
This Convention will affect the staff employed in the premises of the companies included in the territorial and functional scope described above with the exception of the covered in articles 1 (3) and 2 of the Statute of workers.
4. temporary field.
This Convention shall enter into force from their publication in the "Official Gazette". Its duration will be until December 31, 2017.
The economic effects are retrotraerán on January 1, 2015, for the first year of its term, and on January 1 in the two years following (2016-2017).
The payment of possible wage arrears accrued during economic retroactivity, credited to within a month from the day of its publication in the «Official Gazette», or in advance by agreement with the representatives of the workers.
However, the organizations signatory, recommended to their associated it application immediate of the effects economic of the present Convention.
This Convention is means denounced without need of that mediate communication, committing are both parties to start the negotiation of a new Convention in the month of November of the year 2017. In this first meeting after constitute the table negotiating is be formulated by them parts their proposals of negotiation and is set the calendar of meetings.
5. indivisibility of the Convention.
Them conditions agreed in the present Convention form an all organic e indivisible and for the purposes of its application practice will be considered global and jointly by what in the so-called of that the authority labor in the exercise of their powers where any of their clauses, would be without efficiency practice in its whole, must reconsider all its content.
In such case, the Commission mixed joint will come obliged to start them new deliberations in the term maximum of three days, counted starting from the notification of the resolution administrative.
6. structure of collective bargaining in the sector.
The present collective agreement has been negotiated under the auspices of article 83.2 of the Statute of workers and articulated the collective bargaining in the sector of wholesalers and importers of industrial chemicals and drugstore, perfume and annexes through the following negotiating structure: to) national collective agreement: the current agreement wholesalers and importers of industrial chemicals and drugstore perfumery and annexes in its current issue that is of direct application to companies that are within its functional area, with the exception of which are currently affected by their own agreement of company or other sectoral agreement.
(b) collective agreements of company or workplace. The signatory parties of the agreement expressed that the national collective agreement is exclusive and effective reference to regulate everything that was not expressly provided in the conventions of company.
7. personal guaranties.
Conditions of work exceeding those laid down in this Convention, considered as a whole and on an annual basis will be respected on an individual basis. Such warranty is unavailable only staff, unless it can be linked to job, professional categories and/or professional groups and other circumstances, so new entry personnel may not plead in their favour more advantageous conditions enjoyed by workers who previously to address the jobs to be aimed or promoted.
8. conditions after the entry into force of the Convention.
The future legal provisions that lead to a variation in whole or in any of the retributive concepts existing on the date of enactment of the new provisions or creation of new ones, that are exclusively will have practical efficiency as that considered in its entirety and on an annual basis exceed the total level of this Convention. Otherwise shall be considered absorbed by the terms of this Convention.
9. supplementary law.
It will be of supplementary application to the Convention the status of workers in what does not object to the content of the collective agreement and consistent standards.
CHAPTER II classification professional 10. Classification functional.
The workers / as affected / as by the present Convention collective, in attention to them functions that develop and in accordance with the definitions that is specified in the article following, will be classified in groups professional.
This structure professional aims to obtain a more reasonable structure productive, all this without diminishes of the dignity, opportunity of promotion and fair remuneration that corresponds to each worker. The current posts of work and tasks is adjusted to them groups established in the present agreement.
11. definition of those groups professional.
In this article is defined them groups professional that grouped them various tasks and functions that is performed in the companies of trade to the by greater e importers of of products chemical industrial and of drugstore, perfumery and annexes, within them divisions organic functional in which is can divide it same.
Such functional organic divisions can be: to) store tasks, services and ancillary activities.
(c) Administration and information technology.
(d) business and sales.
Definition of the factors influencing the determination of a certain professional group membership: autonomy: Factor for whose valuation shall take into account the higher or lower hierarchical dependency on the performance of the function that develops.
Control: Whose valuation Factor should be taken into account: A) capacity management tasks.
(B) capacity of interrelation.
(C) nature of the collective.
(D) number of persons over which it has control.
Responsibility: Whose valuation Factor taken into account both the degree of autonomy of action of the role holder, as the degree of influence on the results and the consequences of management importance.
Knowledge: For whose valuation Factor should be taken into account, in addition to the basic training required to meet successfully the task, the degree of knowledge and experience acquired as well as the difficulty in acquiring such knowledge and experiences.
Initiative: Factor for whose valuation shall take into account the greater or lesser submission guidelines or standards for the execution of the function.
Complexity: Factor whose valuation is based more or less number, as well as greater or lesser degree of integration of the previously listed factors, in the task or entrusted post.
It should also be present to qualify the jobs, the size of the company of the production unit in which the function is developed.
12. professional group number 1.
Criteria General: functions that is running according to the instructions specific clearly established, with a high grade of dependency of the responsible more direct, or hierarchical, emanating in an or several times in the same day or in different days, that require preferably effort physical or attention, and that not need of training specific.
Training: Knowledge at the level of basic training.
Examples: This professional group includes all those activities which, by analogy, are comparable to the following: elementary operations of simple machine, attending by such those that do not require training and specific knowledge.
Operations of load and download manual or with help of elements mechanical simple.
Tasks which consist of performing errands, assignments, transportation manual, carry or take correspondence, assistant conductor, etc.
Tasks basic of recovery.
Cleaning operations in general, including machinery and other equipment.
Operations of packaging and packaged.
Surveillance of buildings and premises without special requirements.
Any other similar function that meets the general criteria and training attributed to this professional group.
13. Group professional number 2.
General criteria: functions which consist of operations following a precise and concrete working method, being supervised by their hierarchical responsible, requiring to carry out prior professional knowledge of General and practical experience.
Training: Basic training required is equivalent to graduate school.
Examples: in this group Professional is include all those activities that by analogy, are comparable to them following: preparation of orders, understanding by such the function of remove them products of the shelves, packing them and tagging them for its rear shipping.
Tasks of transport and palletizing, carried out with mechanical elements and traction motor.
Tasks auxiliary of verification and control of quality.
Operative activities in conditioning with regulation, tuning, and cleaning of machines such as: wrapping machines, packaging machines, packaging and other auxiliary machines in the industry.
Tasks of type, file, registration, calculation, billing or similar of administration.
Management of collections (antique collector).
Functions related to receiving and making phone calls and/or visits attention.
Functions relating to operations of telex or fax.
Tasks of masonry, electricity, carpentry, painting and mechanical, made by operators that is initiated in the practice of the same.
Any other similar function that meets the general criteria and training attributed to this professional group.
14. Group professional number 3.
General criteria: functions that are executed according to instructions of the person in charge hierarchically, with a certain degree of autonomy and responsible for its work to itself, requiring to run adequate professional knowledge and practical skills.
Training: Basic training required is equivalent to the graduate school, completed professionally by this character specific training or professional experience.
Examples: This professional group includes all those activities which, by analogy, are similar to the following: tasks of masonry, electricity, carpentry, mechanical paint, etc., with sufficient capacity to perform the normal tasks of the trade.
Secretariat/o, able to directly write mail processing according to verbal directions.
Drafting of correspondence commercial, calculation of prices to the view of offers received, reception and processing of orders and make proposals of reply.
Tasks which consist in establishing, on the basis of accounting documents, a part of the accounting.
Calculation of salaries and estimation of costs of personal.
Tasks of dispatch of orders, review of goods and distribution with registration in the books or machines to the effect of the movement daily.
Tasks of drafting and drawing.
Functions of driving with cast, with licence of class C, D or E, understanding that can combine the activity of driving with the cast of goods.
Tasks commercial (agents of sales or similar).
Functions referred to the reception and realization of calls telephone and/or attention of visits with requirement of language / s alien / s.
Any other function analog that respond to those criteria General and of training attributed to this group professional.
15. Group professional number 4.
Criteria General: functions that is running with a high grade of responsibility and autonomy and giving has of it acted to his immediate superior, coordinating and managing to your group.
Training: The training level required is the equivalent of the BUP or FP medium level, and may be supplemented or replaced by a practical and specific professional experience.
Examples: This professional group includes all those activities that, by analogy, are similar to the following: tasks of translation, correspondent, typewriting and telephone with foreign language proficiency.
Computer programming functions.
Accounting tasks, gather the items supplied by the helpers and make balance sheets, States, Treasury forecasts, costs and other analogs, and works on the basis of the chart of accounts of the company.
Tasks of direct control over a group of operators, under the supervision of the activity of the group, following orders from his immediate superior. And can also be responsible for a unit of production, services, or administrative process, which by the small dimensions of the company do not require organic subdivisions.
Carrying out technical functions, requiring average academic level, which can consist of working in professional or scientific advisory services or work in research, quality control, studies, industrial process control. Being able to both make and develop projects, for whose implementation, specific instructions have been.
Any other similar function that meets the general criteria and training attributed to this professional group.
16. professional group number 5.
General criteria: functions that run coordinating and integrating under his command to a number of people, both a section or more, making up a flow chart of production and management, with a high degree of responsibility and autonomy in terms of the direction of the work, and must have at the same time professional experience at the enterprise or at other specific work to develop knowledge and academic training necessary for the performance of the same.
Training: Knowledge equivalent to academic intermediate training, completed with a period of practice or experience gained in similar work, or by specific studies required for the development of its function.
Examples: in this group Professional is include all those activities, that by analogy, are assimilated to the following: activities that involve the responsibility of a shift, that can be endorsed by one or several workers of group professional lower.
Functions of analysis of applications of computing.
Assistant technical health.
Responsibility of planning, order and supervise the execution of tasks of production, maintenance, services or administration or of the set of all those in a company of dimensions reduced.
Realization of functions that involve tasks of research, or control of works with training for study and solve them problems that are raised.
Monitoring technical of a group of services or of the whole of them themselves and even of all them processes technical in companies of type half.
Any other similar function that meets the general criteria and training attributed to this professional group.
17. professional group number 6.
General criteria: include functions which consist of complex activities with defined objectives and high degree of autonomy and responsibility factors demand, and normally run a set of functions that involve specialized technical or vocational activity.
Education: Equivalent to academic qualification of middle-grade or higher, complete with extensive professional experience.
Examples: This professional group includes all those activities which, by analogy, are similar to the following: coordination, supervision and management of heterogeneous administrative jobs or administrative activities of medium.
Responsibility of the exploitation of a computer, or on the set of services from processes of data in units of dimensions middle.
The functions consisting of planning, management and monitoring of systems, services, processes and circuits work.
The development of tasks of management and of research to high level with the programming, development and responsibility by those results.
Preparation of general approaches to the effective use of human resources and material aspects.
Any other similar function that meets the general criteria and training attributed to this professional group.
18. 0 professional group.
General criteria: this group includes workers who make decisions or participate in its elaboration. Play high posts of address or execution of them same levels in those departments, divisions, groups, factories, etc., in that is structure the company and that respond always to the particular management of each a.
Training: Comparable to higher academic levels with specific studies and extensive professional experience.
Examples: This professional group includes all those activities which, by analogy, are similar to the following: elaboration of the policy of organization and control of the activities.
Establishment and maintenance of structures productive and of support.
Determination of commercial, financial or industrial policy.
Any other similar function that meets the general criteria and training attributed to this professional group.
Notes: 1st the classification contained in the present article, is held by interpretation and application of those criteria General and by activities basic more representative developed in them examples.
In the case of attendance in a job of basic tasks corresponding to different professional groups, classification will be made depending on the activities of the professional group that spend most of their day, attending in any case the criterion of equal face value works to prevent any kind of discrimination.
2nd the classification not will be in any case is exclude in them posts of work of each group professional the realization of activities complementary that could be Basic for posts of work included in groups professional different.
19. mode of operation to establish the new professional classification.
(Due to them implications collective that has the new structure of classification professional, and by the need of that exist the maximum agreement possible in the application of this new classification that comes to modify substantially the established until the time, is sets the following mode of operate: to) is will proceed to negotiate between the company and them representatives of them workers.
(B) in the event there is agreement, parties may inform the Joint Commission content of such an agreement.
(C) in the so-called of not reach is agreement between the company and the representatives of them workers, may submit is jointly to the mediation or arbitration of it Commission mixed.
(D) in addition, both parties may also consult the Joint Commission issue the corresponding opinion which will be binding if adopted unanimously.
(E) where not there are representatives of the workers, these may go directly to the Commission mixed.
To resolve the mediation or proposed consultation, the Joint Commission can examine the characteristics of the activity subject of disagreement in the company as well as make in the bosom of the same efforts deemed appropriate for the issuance of the requested opinion.
Following the interpretation or opinion, or the arbitration of the Mixed Commission, the address of the company apply the new professional classification, however leaving open the via relevant jurisdictional for any claim.
In any case, the negotiation does not presuppose the need for mutual agreement at the level of enterprise, among the representatives of the workers and the direction for the establishment of the new professional classification, therefore should not be forgotten that in disputes over professional classification will be the worker or workers concerned which would have to accept or reject its new professional classification.
In order to prevent any kind of discrimination to produce a system change to another, playing positions of lower or higher rating by needs of the organisation of work, will include all those workers who came coincidentally on the same professional group in which to include the rest of workers carrying out the function or functions to those performed before the cyclical changes.
20. procedure of adaptation of the classification professional and model binding of consultations.
Is will examine annually the adequacy of the existing classification professional in the company to them modifications produced as result of the evolution technological or of organization of the work. In the so-called of disagreement between the company and them representatives of them workers, is will proceed as is indicated in the article earlier.
Consultations regarding professional classification, issued to the Joint Commission, shall conform to the model attached in annex I.
21 functional mobility.
You can be conducted functional mobility in the interior of the professional groups, when it does not involve transfer of locality. They will have limit to the same requirements of suitability and fitness for the performance of the tasks entrusted to the employee.
For the purposes of this article, means that there is the required suitability when the ability to perform the new task to detach from the previously made or the worker have the level of training or experience required. Not to produce the previous requirements should the company provide worker before concerned training.
To the workers subject to such mobility will be guaranteed them their economic and professional rights in accordance with the law.
The representatives of the workers, if any, may collect information about the decisions taken by the direction of the company in the field of functional mobility, as well as the justification and cause them, coming forced companies to provide it.
22. work of other professional group.
The company, if necessary, may allocate workers to realize works of different professional group than their own, reintegrated into the worker to his former position when ceases the cause that gave rise to the change.
In the case of a top group, this change may not be of more than six consecutive months, disease, accident work, licensing, special leave and other similar causes, in which case runs while exist circumstances which have motivated it.
Retribution, as performs work of higher group, will be the corresponding to it.
In the case of a lower group, this situation may not be extended for more than two consecutive months. However, this period may be extended if thus it is expressly agreed between the company and the representatives of the workers on the basis of exceptional reasons justifying it and with the forecast of measures to resolve the problem. In any case, the worker will retain remuneration corresponding to his group of origin, unless change occurs at the request of the worker, in which case your salary is condicionaría according to the new professional group. In any case, change of group will involve erosion of human dignity. It will prevent reiterate the work of group bottom with a same worker.
In them cases of workers attached with character forced to a group professional lower, by excess of template, should be reinstated to the Group of origin as soon as there are vacant of your group.
Them workers paid to destajo or raw that pose the perception of complements special of retribution, not may be attached to others works of different regime, except when any causes of force greater or them demands technical of the exploitation it require.
CHAPTER III contract, income, periods of test, promotions and cease 23. Recruitment.
Because of the characteristics of the service in the company, the workers are classified into: fixed, employed by certain, casual, temporary and contracted part-time times, in training and practice. Any kind of contract of employment whose mode is collected in the legislation in force at any time may also hold.
Labour relations will be, first and foremost, indefinite. In terms of hiring you will be legal and conventional provisions of higher rank if any on this matter, both General as special, as well as provided in this agreement, with the interrelation that for such standards established in article 3 of the Statute of workers.
23.1 term contracts: workers hired by time will have the same rights and equal treatment in labour relations to other workers of the template, except for the limitations arising from the nature and duration of the contract.
The contracts of duration determined by circumstances of the market, accumulation of tasks or excess of orders, may have a duration maximum of 12 months in a period of 18 numbered starting from the moment in that is produce such causes.
23.2 contract of work or service: in order enhance the use by them companies of the sector of them modalities of hiring planned by the law, and avoid to the maximum the use of forms of hiring external to them companies, is used preferably them contract of work or service determined, according to it planned by the article 15.1 of the Statute of them workers.
Such contracts may cover all those tasks or work sufficiently differentiated by the volume additional of work that represents that, limited in the time and whose duration can provide is, are direct or collaterally related with the process productive of the company.
Prior to the use of this contractual modality, the company will find representatives of the workers of the cause object of the contract, as well as working in the same conditions, specifying the number of affected workers and professionals to assign groups and expected duration. The present inclusion in this Convention may not be understood in any case limited to the contractual modality foreseen in the referred Article 15(1) of the Statute of workers.
It mobility functional for them workers hired under this mode contractual is limited to them activities derived of the work and service that serves of cause for it recruitment.
Contracts of work and specific service who sign-up for a period exceeding three years will be converted into contracts of indefinite duration. The present paragraph affect work and service contracts entered into after November 2, 2011.
To the completion of the contract, the worker will have right to receive the compensation at last of contract established legally.
23.3 interim contracts: interim contracts may be arranged to replace workers with the right to book of job in the cases referred to in articles 37, 38, 45, 46 and 48 of the Statute of workers.
Them contracts that is concluded will make record the name of the worker / to to which is replaces and the causes that motivate his replacement. Its duration will be determined by the date of reinstatement of the owner to the job.
23.4. interim contract by legal guardian: in order to provide new solutions to the coverage of the vacant hours occurring in workplaces of the companies as a result of the exercise of the right to the reduction in working hours by a legal guardian, may enter into a single interim contract to replace several / workers with day reduced by legal guardian.
For companies with several sites in limited geographic areas, to replace workers must provide services with the limit of distance between the various centres of 15 km; except in Madrid and Barcelona where the distance not may be superior to 20 km. In these cases the company will compensate workers transport costs caused by the offset between the centers.
The formalization of this type of contract is subject to the following rules: to) that the total number of hours reduced by workers of day reduced by legal guardian is the equivalent of a whole day.
(b) in endorsement of this type of contracts, worker with interim by reasons for conciliation agreement would accept the renewal of its contract to a contract of part-time interim with contracted maximum working of the worker who replace thereafter. He model of clause to subscribe will be the following: «in accordance with it planned in the article 12 paragraph 4 of the Statute of them workers, the worker / to accepts expressly and of form voluntary the conversion of its contract of interim of time full in a contract full-time partial with a minimum of the 50% of the day of a worker / to full-time full comparable when is produce the reinstatement of some / s of them / as workers / as to» «which is replaced, replaced thereafter to another / a day not more than 50% referred to.»
(c) while the reinstatement of the total number of employees which replaces had failed it will not end the relationship of interim or cause that justifies it.
The address of the company communicated to the representation legal of them workers in each field of form periodic the number of people with day reduced by keeps legal, the total of hours reduced, the center of work to which belong and them contracts of interim subscribed for its replacement.
In enterprises having no RLT, a copy will be sent to the Joint Commission of the Convention.
23.5 contracts for training and learning: the contracts for the training in accordance with current legislation and the collective agreement itself, will be directed to promote professional training and training in jobs that by their very nature requires certain knowledge and experience.
The duration of the contract may not be less than six months or exceed three years. The trial period may not exceed one month.
Guaranteed remuneration of workers employed in formation will be 75 by 100 the first year and 85 per 100 the following two years, the SMG of the professional group provided for in the collective agreement and that development activity, during, respectively, the first and second year of the contract.
The time dedicated to theoretical training for each contract of training who signs up will never be less than 25% during the first year and 15% the second and third year.
23.6 contracts in practice: are understood to be referring to this contractual modality, the aim to coordinate with those who were in possession of a university degree or training of grade average or higher titles officially recognised as equivalent or certified professional, all in the manner provided for in article 11(1) of the Statute of workers.
With the goal of reducing youth unemployment, adapts the remuneration of these contracts which will be for the new employment contracts which have agreed after the entry into force of the collective agreement of 70% and 80% of the SMG of the professional group that can perform the delivery of their employment relationship, during the first and second year of the contract , respectively.
The duration of this contract may not be less than six months nor more than two years. If the contract had been concluded for less than two years time parties may agree extensions not being able to be the duration of each less than six months nor exceed the total duration of the contract.
The trial period of these contracts may not exceed one month to those held with workers who are in possession of medium degree or certificate of professionalism of level 1 or 2, or two months for those held with workers who are in possession of the title of top grade or certificate of professionalism of level 3.
23.7 part-time contracts: contract of employment shall held part-time when delivery has been agreed upon services for a number of hours a day, a week, a month or a year, less than the day of full time governing in the company.
Workers employed part-time shall have equal rights and equal treatment in labour relations to other workers of template, except for the limitations arising from the nature and duration of his contract. By agreement between the company and the representatives of them workers, may expand is the number of hours complementary intended by this mode contractual until a 50% of them hours object of the contract. In any case, the sum of the regular hours and the complementary must be less than the maximum day governing in the company. Part-time contracts may be of duration specified or indefinite, except in the contract for the training.
23.8 relief contracts: in those companies in which the circumstances that enable the relief contract occur, these will come to complete the formalities necessary for the realization of the corresponding contract of respite care, provided that the worker concerned requests it. The aforementioned relief contract will be governed regarding its formalities and requirements as provided in the legislation. However, mutual agreement between company and worker retired you agreed the accumulation of the time of the latter at a certain time of the year.
23.9. the contract of permanent-intermittent: is the appointment to carry out works that have permanent-intermittent character and will not be repeated at certain dates, within the normal scope of activity of the company. The discontinuous fixed contract differs from the eventual because their services are repeated in time and are inherent to the production process of the company and without which the realization of the activity of the same would not be possible.
This contract is must formalize necessarily by written in the model that is set, and in he must appear an indication on it duration estimated of the activity labor, on the form and order of the appeal and the day labor estimated and its distribution time.
Report and consultation of the workers representatives, will be established order and form of call with objective and non-discriminatory criteria. It called to the worker, as well as the notification to the RLT, is made with a notice minimum of seven days.
The address of the company inform permanent-intermittent workers about vacancies relating to contracts of indefinite duration of a regular nature arising in the company.
23.10. common system of fixed-term contracts. Them workers hired by time given will have them same rights e equality of try in them relations labour that them others workers of the template, except them limitations that is derived of the nature and duration of his contract.
They will acquire the condition of fixed, whatever that has been the mode of recruitment, which would not have been discharged in Social Security, after a period as that had been set for the trial period, unless from the nature of the activities or services contracted are deduce clearly the temporal duration of the same.
Them contracts of duration determined that have established term maximum of duration concerted by a duration lower to the maximum legally established, included them contracts training, is understand carried over tacitly, until the corresponding duration maximum, when not any mediated denounces or extension express before its expiration and the worker continue paying services.
Contracts for training and learning may be extended by agreement of the parties, up to two times, while the duration of each extension can be less than six months and the total duration of the contract does not exceed the maximum duration provided for in the legislation in force.
Expired such duration maximum or it of the extension express of the contract eventually, executed the work or service, or produced it cause of extinction of the contract of interim, if not had denounces express and the worker continue paying their services the contract is considered extended tacitly by time indefinite, except test in contrary that accredits the nature temporary of the provision.
Provided that the contract has a duration exceeding one year, the party making the complaint is obliged to notify the other of the completion of the contract with a minimum notice of 15 days, except in the contract of interim which shall apply to the agreement.
The breach by the company of the period referred to in the previous paragraph will result in a compensation equivalent to the wage corresponding to the days in which the term is non-compliant.
In application of the article 15.7 of the Statute of them workers the company must report to them workers with contracts of duration determined, included them contracts training, on the existence of positions of work vacant, in order ensure them same opportunities of access to posts permanent that them others workers.
24. temporary employment agencies.
Provision contracts with temporary employment agencies will be used to cover occasional activities in accordance with legal and conventionally.
Under it willing in them laws 29 / 1999 and 14 / 1994, as well as in the Convention State of companies of work temporary existing, them companies that in quality of users occupy to workers of ETT is obligated to the contract of put to available ensure it designated in such standards in the sense of that these workers will receive them same remuneration that them workers of the company user that perform functions identical or similar excluding personal allowances.
The income of workers will adjust General employment legal rules and the special ones for specific groups.
Will have right preferential for the income in equality of merits who have played or play functions in the company with character eventually, interim, with contract of work by time determined, on time partial or contract of training.
The employer shall inform the representatives of the employees jobs intending to cover and the conditions demanded of aspiring and will be obliged to deliver to the representation of workers in a copy of the contracts that are carried out.
26. subcontracting of activities.
In accordance with the provisions of current article 42 of the Statute of workers, when the company concluded a contract for the provision of work or service with a company contractor or subcontractor, shall inform the representatives of the workers on the following points: to) name or business name, address and the company tax identification number contractor or subcontractor.
(b) object and duration of the contract.
(c) place of execution of the contract.
(d) in its case, number of workers that will be occupied by the contracts or subcontracts in the center of work of the company main.
(e) measures for the coordination of activities from the point of view of the prevention of occupational risks.
27. probationary period.
The income of workers shall be considered made by way of proof, whose period is variable, depending on the nature of the posts to cover, and that in no case may 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 means that the worker is subject to the trial period if it thus consists in writing in the contract.
During the period of test, both the worker as the company may resolve freely the contract without term of notice, and no right to compensation.
Elapsed the period of test, those workers will join in the template, computing is to all them effects the period of test.
When the worker that is find doing the period of test not it exceeds, the address of the company will come obliged to communicate it to them representatives of them workers.
Them promotions is adjusted to the system following: 1. the rise of them workers to tasks or posts of work that involve control or confidence, such as them of address, and headquarters, as well as of inspection, counseling, collection, surveillance or keeps, delegate / to and responsible / to, will be of free designation of the company.
2. for the rise of the rest of them workers, them companies may establish a competition based on the system of character objective, taking as reference them following circumstances: degree adequate, valuation academic, knowledge of the since of work, history professional, have played function of upper group professional and overcome successfully them evidence that to the effect is established.
29. cease unilateral of the contract.
He personal understood in the present Convention that are propose cesar in the service of the company must communicate it by written with fifteen days of advance as minimum, with the only exception of that the cessation is produce in the period of test.
It breach from the worker of the obligation described in the paragraph previous will give right to the company to deduct of the settlement the amount of the wage of a day by each date of delay of the notice.
The entrepreneur must notify in writing the end of the contract with 15 days in advance, on contracts of more than one year. Non-compliance will result in compensation from one day's wage for each day of delay in the communication.
30. situations of crisis.
Companies affected by the present collective agreement shall give priority in the processes of reset template to the processes of internal and external mobility (transportation/travel), as well as to assume the organizational changes and flexibility, regulated in the Convention, in terms of the use of the bag of flexible hours, enabling a proper use of existing resources. In all case, the options indicated will be object of negotiation with those representatives legal of them workers.
The companies assume the commitment of use them procedures of the article 51 of the Statute of them workers as last ratio and not without before have exhausted them procedures internal and way of conciliation and mediation in line with it commented in the paragraph above.
In this sense, and prior to the formal presentation of the procedures of article 51 of the Statute of workers, they are structured with the representatives of the workers in the enterprise, information systems in order to avoid as far as possible recourse to such procedures. All this, without prejudice, where applicable, the final presentation by the direction of the company.
In the elaboration of plans against the crisis situations referred to in article 51 of the Statute of workers (extinction of contracts due to economic, technical, organizational or production), companies assume the need to establish, to address such issues, a plan in which clothing must provide own and market data that justify the measures proposed make an adequate diagnosis of the situation and propose alternative front the situation so that the extinction of contracts will be always in the last one. To these effects them addresses of them companies must consult previously with them representatives of them workers, in accordance with the law, the content of the plan with the mood and will of get the possible agreement in relation to them solutions more effective to the problems raised.
CHAPTER IV day, holidays, licenses and leave 31. Day of work.
The maximum duration of the ordinary working day will be of 1,754 (seven hundred fifty-four) annual hours of effective work, during the term of this collective agreement, i.e., during the present year 2015 until 31 December 2017.
Those companies that currently have a day annual lower to the described in the paragraph above should continue with its regime of day more beneficial.
Sessions continued for six or more hours duration, is set to a time of break (snack) of a minimum duration of 15 minutes, which will be considered effective working time, respecting in any case existing in companies top duration breaks before the publication of this agreement.
On the calendar that governs the company, the address of this available as day or flexible up to 140 hours hours each year of entry into force of the Convention, be considered ordinary nature, despite its irregular nature, form part of the annual computation of the day. Such hours flexible will be of application in them days working that result for each worker of the calendar that rija in the company, and can overcome is the bumper daily of day of 9 hours referred in the law, with respect of them breaks minimum already designated.
Easing regulated in the previous section may consist of increases or decreases of day (which may not involve loss of pay or no labor law) and for its application, account shall be taken criteria of causality and explanation of technical productive or organisational reasons justifying it to the representatives of the workers, as well as those directly affected , five days prior to the adoption of that decision.
In any case, the extension of day result of that distribution irregular and of the application of them hours flexible, not may be of application to those workers / as that have limited their presence by reasons of security, health, care of minor, pregnancy or periods of breastfeeding.
When easing has consisted in extension of day, flexible hours or made available compensation will be as follows: A mandatory break-time for flexible hourly, until the tenth hour of daily work, including this one.
1.5 hours for each hour flexible made, from the tenth hour of work daily. In this case, one hour will be compulsory rest, and the additional half-hour can be rested or remunerated, in accordance with the following paragraph are available.
The corresponding compensatory rest period you will enjoy maximum within the period of twelve months from the date it occurred prolongation of the day, within the agreed annual day, provided that does not coincide with periods end of production, and ensuring that the same look by agreement with the representatives of workers or affected themselves. In the event of disagreement will be accumulated in days and will be enjoyed on dates agreed between the company and the worker, the maximum period of four months from the beginning of the period of flexible working.
The Middle hours additional of compensation by schema flexible upper to ten hours of work daily may be made in time of rest or paid to option of the worker and in case of disagreement concerning the date of enjoy, if is in rest, will decide the worker.
Regulated in paragraph 140 hours flexible bag may be used also in the opposite direction to deal with production of exceptional and temporary situations in time, related to the reduction of the volume or workload caused by economic, productive, organizational or technical reasons. It will be used as preferred and prior to the adoption of decisions affecting the maintenance of employment, whether it is this fixed or temporary nature.
1 causes. Them companies that intend to go to the flexibility reverse regulated in the present article must accredit of mode reasonable it existence enough and current of any of them cited causes economic, productive, organizational or technical, in which is justify objectively the adoption of the measure.
When decreases in demand in products or services that offer the company in the market are unavailable structural, cyclical or seasonal, i.e. own activity or production cycle of the sector to which they belong, shall not apply reverse regulated flexibility in this section but, in any case, other measures such as those provided for in the preceding paragraph.
2 procedure. Upon delivery to the representatives of the workers of the information and supporting documentation, as well as measures of reverse flexibility which the company intends to implement, will open a period of consultation with representatives of the workers who will have a maximum duration of five days.
Prior consultation with representatives of workers will focus on motivating causes of business decision, the possibility to avoid or reduce its effects, measures to mitigate its consequences directly affected workers and the maintenance of employment commitments.
Companies can apply flexible hours in the opposite direction while continue causes justifying the adoption of the measure in accordance with the following requirements and limitations: to) the company will notify worker in writing, in a reasoned way and 5 days prior to the effectiveness of the measurement of reverse flexibility, the need to replace the hours of effective delivery of its work that determines the company by a mandatory break without loss of remuneration or right Labour one. The period of notice the worker may be simultaneous to the period of consultations with the representatives of the workers designated above.
(b) the company shall notify worker in writing, in a reasoned way and seven days in advance, the need to recover hours of effective work had been replaced by a mandatory break in the framework of inverse flexibility. Such recovery shall apply on weekdays which resulted for each worker of the calendar that governs the company, unless otherwise agreed with the representatives of the workers, and must in any case respect rest regime established in the law and in the present collective agreement.
(c) the hours of reverse flexibility applied as mandatory rest during the first eight months of the calendar year should recover within the latter. Reverse flexibility hours generated in the last four months of the calendar year may recover within six months of the following calendar year.
(d) reverse flexibility may not be applicable to persons who have limited their presence for reasons of safety, health and time concreteness by legal guardian, pregnancy or lactation periods.
(e) in the implementation of the flexibility of reverse rotation systems in such a way that not be done always by the same people, as well as the possibility of exchanges between them will be established provided that these are organizationally possible and based on the voluntary nature of those affected be taken into account.
(f) during the period of recovery from hours to which this paragraph refers also may seek regulated flexibility in the previous far, provided that does not exceed the sum of hours of recovery, between them, more than 100 hours per year of validity of the collective agreement.
The value of overtime shall be calculated on the individual hour salary, which will be added to the staff a surcharge of 75 per 100 except for the worked in Sunday or holiday, the surcharge will be 150 by 100, unless otherwise specified by law, the compensation will be done preferably by rest time.
For the purposes specified in the legal provisions in force, shall be considered as overtime, those that are caused by force majeure, repair claims, catastrophe or not foreseeable end of production periods and provided that the realization of these hours it's not possible to replace them by the recruitment of workers by temporary schemes provided for by law.
Companies may agree with their workers compensation overtime equivalent free-time and not in their compensation.
In the receipt of wages must appear the amount total perceived during this period of time with occasion of the realization of hours extraordinary, as well as also their number.
In order to promote employment, more overtime than those legally permitted can be made in any case.
33. Calendar work.
Within the period of one month from the publication of the official calendar in the «Official Gazette», enterprises will point, according to the representatives of workers, labour official schedule for the company.
This timetable must include local festivals and dates to the enjoyment of the holidays, as well as fixing bridges if any.
In addition to celebrations established by way of general and local administration, set how holidays on 24 and 31 December of each year, unless agreed with the workers affected prior intervention of the legal representation of the workers.
Regardless of the professional worker group, annual holidays will have a minimum of thirty calendar days, in accordance with the laws. Vacation will enjoy at the time by common agreement the worker and the company set. The same to be possible, is will enjoy preferably between them months of mayo and October, both inclusive, whenever the conditions technical and productive so it allow. In the event that they enjoy outside the referred months duration will be thirty-five calendar days if they were complete, or thirty-two and a half days if you enjoy fifteen days in each of the periods concerned, provided that this circumstance occurs by the company organizational need.
If the worker it requested, fifteen days of the holiday annual will be much enjoyed between the months covered between mayo and October.
For the purposes of the computation of the holiday period, will be taken as the calendar year in question, i.e. from 1 January to 31 December, and must in any case worker enjoying the time that corresponds within the year, without prejudice to the legal assumptions that can enjoy in aftermath.
However, them workers that in the date determined for the enjoyment of them same, not had completed a year natural in the template of the company, will enjoy by those dates of the number of days proportional to the time of services rendered.
The switchboard of holiday will be on display in advance of three months or more in bulletin boards for knowledge of the staff.
Holiday remuneration will take place upon request of the person concerned before the beginning of the same, and they credited in accordance with the average obtained by the worker for all concepts in normal working hours, in the three months prior to the date of the initiation of the same.
Staff entitled to holidays that end in the course of the year shall be entitled to the proportional part of the holiday, according to the number of months worked, computing as week comprehensive fraction thereof. In the case of death, it will satisfy their dependants.
In the course of that holiday distribution is carried out through the shift system, these will be distributed among the workers through the system of annual rotation.
When the period of holiday set in the calendar of holiday of it company to which is concerns the paragraph previous match in the time with a disability temporary derived of the pregnancy, the childbirth or the breastfeeding natural or with the period of suspension of the contract of work planned in the article 48.4 and 48 bis of the Statute of them workers are entitled to enjoy holidays on a date other than the temporary incapacity or the enjoyment of the permission for implementation of this obligation paid you, at the end of the period of suspension, although finished the calendar year to which they relate.
In the so-called of that the period of holiday coincides with a disability temporary by contingencies different to them indicated in the paragraph previous that hinders to the worker enjoy them, total or partially, during the year natural to correspond, the worker may make it a time end their inability and whenever not have elapsed more than eighteen months starting from the end of the year in that is have originated.
Those companies that proceed to implementation or modification of a collective shift system, shall be negotiated with the representatives of the workers new working conditions that may arise from such a situation as well as possible counterparts.
In cases of disagreement between employers and workers must seek advice necessarily mediation and/or arbitration procedures provided for in this collective agreement.
The worker, alerting whenever possible, may miss work with right to remuneration, for any of the reasons and during the time that they are then exposed: 1. fifteen days in cases of marriage.
2. two days by birth of son, that may be carried over by others two in case of justified illness or when the worker need a displacement to the effect.
3. two calendar days in the event of serious illness, hospitalization, accident, surgery, or death of relatives up to the second degree of consanguinity and affinity, which may be extended when mediate need to offset the effect.
Degrees of consanguinity and affinity first grade second grade worker-spouse.
Note: in conformity with the jurisprudence of the Court Supreme, in the second grade of affinity is understands included to the spouse of the brother of the worker.
In the paragraphs 2 and 3 of the present article, when the displacement to perform by the worker suppose cover a distance superior to 100 kilometers e lower to 200 kilometers will enjoy of the third day; and if the distance to cover were superior to 200 kilometers will enjoy of a fourth day.
4. a day natural in case of marriage of parents, children, brothers or brothers political in the date of celebration of the ceremony.
5. during a day by transfer of registered office routine.
6. by the time essential to the fulfilment of a duty inexcusable of character public and personal.
When the fulfillment of the duty before concerned involves the impossibility of providing due work, in more than twenty percent of working hours over a period of three months, the company can move to the worker affected the situation of absence regulated in paragraph 1 of article 46 of the Statute of workers.
In the so-called of that the worker by compliance of the duty or performance of the charge perceived a compensation, is deducted the amount of the same of the wage that had right the company.
7. by the time of duration of the examination and of the displacement to them rights educational General and of it training professional in them alleged and in the form regulated in the legislation current.
Assistance to exams, are these partial or late, whenever curse with regularity and exploitation studies official, and whenever them referred examinations not can compatible is with the schedule of work.
8. by the time necessary for obtaining the driving licence with the license on the day of examination and up to a maximum of three times.
9. to perform functions of staff representation in the terms established in the Statute of workers, as well as in the law on freedom of association or trade union.
In all the cases referred to in this article, the right to paid leave to conventional marriages and couples in fact legally registered in public records created will be recognized or that may be created for this purpose in any geographical area or, in the absence of the latter, to the accredited by notarial deed granted must be jointly demonstrate reliably before the enterprise requirements set forth above for the corresponding enjoyment of the license.
As stated in paragraphs of the 1 to 3 in exceptional cases duly accredited, such licences will be awarded by the time required depending on circumstances, agreeing, the company and the worker concerned, the conditions of the concession, and can remember not perception of assets.
37. rights related to birth and caring for children or relatives.
37.1 lactation. In the case of birth of a child, adoption, or foster care in accordance with article 45.1. d) of the Statute of workers to nurse the child until it is nine months, workers shall be entitled to one hour's absence from work, which may be divided into two fractions. The duration of the permit will proportionally increase in cases of multiple birth, adoption or foster care.
Who exercise this right, by his will, may replace it with a reduction of its day in half an hour with the same purpose. This permission constitutes an individual right of workers, male or female, but can only be wielded by one of the parents where both work.
Them people that have right to this reduction of day may replace it, to his will, by a period of time of permission paid equivalent to the sum of a time by day effective of work and the enjoyment of this right must produce is, necessarily, of form consecutive to the permission by maternity or by paternity. The exercise of this right should contact the company minimum notice of one month before its inception.
37.2 birth of sons preterm or that by any cause must remain hospitalized following of the delivery. In cases of premature child birth or that, for whatever reason, they need to stay hospitalized following birth, the mother or the father shall have the right to be absent from work for one hour a day, without loss of economic compensation. In addition, have the right to reduce their working hours to a maximum of two hours a day, with the proportional decrease in salary. For enjoyment of this permission it will be to the article 37 paragraph 6 of the Statute of workers.
37.3. reduction in working hours to care for children affected by serious illness. Shall be entitled to a reduction in working hours of at least 50% of its duration with proportional decrease in your salary the parents, adopters or welcoming of pre-adoptive or permanent nature in those cases in which both work, care of child(ren) who are responsible and are affected by cancer (malignant tumors, melanomas and carcinomas), or any other serious illness , that requires income Hospital of long duration, during the time of hospitalization and treatment continued of the disease, accredited by the service public of health or other organ administrative health of the community autonomous corresponding.
This right shall terminate if, prior report of the SPS or sanitary administrative body of the corresponding Autonomous Community, stop the need for direct, continuous and permanent care of the son or the less welcomed by the beneficiary, or when the minor reaches 18 years of age.
This right can be accumulated in days complete, if so it decided the person caretaker to the home of the enjoyment of the reduction of day.
37.4. reduction in working hours by legal guardian. Who by reasons of keeps legal have to its care direct some less of twelve years or a person with disability physical, psychic or sensory, that not play an activity paid, will have right to a reduction of it day of work daily, with it decrease proportional of the wage between, at least, an eighth and a maximum of it half of the duration of that.
You will have the same right to who responsible for the direct care of a relative up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness can not stand by if needed, and who performs no paid activity.
The reduction of the day referred to in the present paragraph constitutes a right individual of them workers, men or women. However, if two or more employees from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.
37.5 suspension of the permit by maternity. In the event of childbirth, suspension will last for sixteen uninterrupted weeks extendable in the event of multiple birth in two weeks for each child from the second. The period of suspension is distributed to option of it interested whenever six weeks are immediately subsequent to the delivery. In the event of death of the mother, regardless of which this conduct or not work, the other parent may make use of the whole or, where appropriate, of the part remaining of the suspension period, computed from the date of childbirth, and without that is discount the same part that the mother had been able to enjoy prior to the birth. In the event of the death of the child, the period of suspension will not be reduced, except that, after six weeks of mandatory rest, mother requested to return to his post.
However it previous, and without prejudice of them six weeks immediately later to the delivery of rest mandatory for it mother, in the event that both parents work, the mother, to the start is the period of rest by maternity, may opt by that the other parent enjoy of a part determined e uninterrupted of the period of rest rear to the childbirth well form simultaneous or successive with the of the mother. The other parent may continue making use of the period of suspension for maternity initially assigned, even if on schedule for the reinstatement of the mother to work this is in a situation of temporary disability.
In the event that the mother did not have right to suspend his professional activity with entitlement to benefits in accordance with the rules governing such activity, the other parent shall have the right to suspend her employment contract for a period which would have corresponded to the mother, which will be compatible with the exercise of the right recognized in the following article.
In cases of premature labor and in those in which, for any reason, the newborn must remain hospitalized after the birth, the period of suspension may compute, at the request of the mother, or in the absence of the other parent, the date of discharge from hospital. Excluded from the computation the six weeks after delivery, of mandatory suspension of the contract of the mother.
In cases of premature deliveries, lack of weight and those in which the newborn required, by any clinical condition, hospitalization after childbirth, for a period longer than seven days, the period of suspension will be expanded in as many days as the newborn is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which to develop regulations.
(In those alleged of adoption and of foster care, in accordance with the article 45.1. d) of this law, the suspension will have a duration of sixteen weeks uninterrupted, expandable in the so-called of adoption or foster care multiple in two weeks by each lower starting from the second. Such suspension will produce their effects, to choice of the worker, well starting from the resolution judicial by which is is it adoption, well starting from the decision administrative or judicial of foster care, provisional or definitive, without in any case a same less can give right to several periods of suspension.
If both parents work, the period of suspension is distributed to option of them interested, that may enjoy it of form simultaneous or successive, always with periods uninterrupted and with the limits designated.
In them cases of enjoy simultaneous of periods of rest, the sum of them same not may exceed of them sixteen weeks provided for in them paragraphs earlier or of which correspond in case of childbirth, adoption or foster care multiple.
In the event of disability of the child or the child adopted or welcomed the suspension of the contract referred to in this section will have additional lasts two weeks. In the event that both parents work, this additional period will be distributed to choice of stakeholders, who can enjoy it either simultaneous or successive and uninterrupted.
The periods referred to in this paragraph can enjoy on a full-time or part-time basis, agreement between the employers and the workers concerned, in terms to be determined by regulation.
In them supposed of adoption international, when is necessary the displacement prior of them parents to the country of origin of the adopted, the period of suspension, intended for each case in the present paragraph, may start is until four weeks before the resolution by which is is it adoption.
Them workers is benefit of any improves in the conditions of work to which had could have right during the suspension of the contract in them alleged to is concerns this paragraph, as well as in them planned in the following paragraph and in the article 48 bis.
38. assistance to clinic doctor.
When for reasons of illness the worker/a precise medical office assisting, shall be entitled to paid leave, for the time necessary for this purpose, provided that such office hours is coincidental with the of your workday, and justified it with the corresponding wheel endorsed by the optional, or duly accredited personnel whether or not Social Security.
Worker/a, to the extent possible, shall ensure that medical office assisting not repeatedly coincide within their working day. It is not entitled to the license referred to in this article when assistance to medical consultation occurs in a private facility and the physician chosen by the worker ensures attention both in morning and evening.
Provided that this justification does not undermine any fundamental rights of the worker.
Proceed in the same way, when the assistance is for children younger than age or parent of the employee, even though, in the case of children, when both parents are working, only can be exercised this right by one of them. For parents of the worker, this permission is will enjoy only when mediate impossibility physical, psychic, sensory or by reason of age of the person that should attend to consultation medical or Center Hospital, without need of live with the person working, whenever mediate the prescription of said accompaniment or them parents are older of 80 years.
39 leaves of absence.
39.1 leave voluntarily. Workers with one year of service in the enterprise may apply for the unpaid leave for a period not less than four months and not more than five years, not computing the time that lasts this situation to no effect, and that in no case may occur in fixed-term contracts.
The requests of leave of absence will be determined by the company in the term maximum of a month.
The worker who do not apply for re-entry before the end of his unpaid leave, cause definitive low in the company. To qualify for another unpaid worker must meet a new period of at least four years of effective service in the company.
When the worker it request, the re-entry will be conditioned to has vacancies in its group professional and if not exist vacant in the Group professional own and itself in the lower, the over may opt between occupy this plaza with the wage to she corresponding until is produce a vacant in your group professional or not re-enter until is produce such vacant.
39.2 leave of absence to care for children. In the leave for care of children, workers shall be entitled to a period of leave of absence, not more than three years, to cater for the care for each child, both when it is by nature as by adoption, counted from the date of the birth, or date of adoption. Them successive children will give right to a new period of leave that, in his case will put end to which is was enjoying. When the father and the mother work in the same company, for justified reasons of operation thereof, the employer could limit simultaneous pursuit.
He period in which the worker remains in situation of leave according to it established in this paragraph will be computable for the purposes of antiquity and the worker will have right to the assistance to courses of training professional, to whose participation must be convened by the address of the company, especially with occasion of its reinstatement.
During the first year of leave, will be entitled to the reserve of their job. Elapsed said term the reinstatement will be to an activity of the same group professional. It will result in the loss of the right to re-entry automatic, if during the leave of absence there are jobs by employment or regular account on their own.
39.3 leave special. You may be granted to the worker leave of absence up to a maximum of a year, with automatic re-entry, addressing disease of a serious nature of the spouse, or parents or unmarried children, when the spouse work and they live together with them. So the nature of the disease, by official medical certificate, as well as the need for attention to the sick will be justified.
40. gender violence.
Them parts signatory of the present Convention being especially sensitive to this problematic, agree introduce in this article them aspects labour regulated in it law Integral against it violence of gender, that is realized in them following rights: so them workers victims of the violence of gender can exercise them rights of character labor have that accredit such situation before the entrepreneur through it order of protection dictated by the judge in favor of the victim , or exceptionally with the report of the public prosecutor's Office to indicate the existence of evidence that the applicant is victim of gender violence, until not issued the protective order.
Entitled the worker victim of gender violence, to enforce your protection or his right to comprehensive social assistance, the reduction of the workday with proportional decrease in salary, or, the rearrangement of working time, through the adaptation of the schedule, and the extension and flexibility of other forms of time.
The worker victim of gender violence seen forced to abandon job in the town where had been providing its services, to enforce your protection or his right to comprehensive social assistance, will have preferential right to occupy other post, in the same group professional or equivalent to that the company has vacant in any of their places of work.
In such cases, the company shall be obliged to inform the worker vacancies, at such time or which may occur in the future.
The transfer or the change of Center of work will have a duration initial of six months, during which, the company will have the obligation of book the since of work that came occupying it worker.
Finished this period it worker may choose the return to your since of work earlier or to the continuity in the new. In this last case, will decay the mentioned obligation of booking.
By decision of the worker who is forced to leave his post as a result of being a victim of domestic violence, the period of suspension shall have an initial duration not exceeding six months, unless the actions of judicial feels that the effectiveness of the right to protection of the victim it required the continuation of the suspension in this case, the judge may extend the suspension for three months, with a maximum of 18 months.
The period of suspension of the contract is considered contribution period to effect the corresponding Social Security benefits.
While the worker victim of domestic violence, both in cases of suspension as a termination of the contract, being perceived benefit, the public employment service will take into account their situation when it comes to demand the fulfillment of the commitment to activity (obligation to actively seek employment, accept a proper placement, vocational integration to increase their employability, etc.)
It recognizes the right of the worker to extinguish his contract when she is forced to leave his post as a result of being a victim of gender-based violence. You are entitled to receive unemployment provision that for such purposes is not considered a voluntary termination of the contract.
Absences or punctuality of the worker shortage caused by the physical situation or psychological derived from gender-based violence, shall be considered justified, when so determined by social care services or health services, notwithstanding that such absences are communicated by the employee to the company.
If a worker victim of gender violence is dismissed while you are exercising their right to reduction or rearrangement of their time of work, geographical mobility and change of Center work or suspension of their contract, the dismissal shall be declared null and the employer is obliged to the reinstatement of the worker.
Absences to work caused by the physical or psychological situation arising from gender-based violence, accredited by social care services or health services may not be taken into account to justify the dismissal of the worker by objective causes caused by absenteeism from work.
In issues not regulated in the present agreement in this matter shall apply provisions of the Act.
CHAPTER V economic conditions 41. Wage structure.
Wage remuneration of the personnel covered by this agreement will be constituted by the wage base (SB) and the same plug-ins.
1. without prejudice of it provisions in the existing article 84 paragraph 2 of the Statute of the workers, the wage base (SB) is the wage minimum guaranteed of each group professional.
The guaranteed minimum wage will be composed of the totality of the retributive concepts perceived by workers in every enterprise in normal or habitual activity in works not measured. Not is includes in the same the following concepts: antiquity and complements variables that depend on of amount and/or quality of work.
2. for those workers who perceive greater than base salary compensation, establishing a personal complement for the difference between the base salary or and the actually perceived. This plug-in will not have the character of absorbable or compensable, and will be tradable, up to a maximum amount of 35,000 euros of total annual salary. The amount that exceed this amount, will be absorbable, compensable and tradable the free discretion of the company, reporting to the representation of the / workers of the amounts left of perceiving, broken down by occupational groups.
42. tables of salaries basis by professional groups for 2015.
The following table of base salary is set for 2015: occupational groups wage base annual 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 or 20.783,80 43. Tables of salaries basis by professional groups for 2016.
Is set for 2016 the following table of wage base, result of apply to them wages Bases of 2015 an increase wage of the 1.30% starting from the 1 of January of 2016: groups professional salary base annual 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 SAW 19.049,67 group or 21.054,00 44. 2015-2016 salary review clause.
In the so-called of that the sum of the index of prices to the consumption (IPC) general Spanish corresponding to them years 2015-2016 is a figure superior to the sum of them increases agreed in the present Convention collective for them referred years, is will proceed to regularize them concepts economic regulated in the present Convention collective, without Effects retroactive, in it difference existing.
The new values will form the basis for the calculation of wage increases that could agree to the year 2017.
45. 2017 salary increase. Wage bases by 2017 professional groups table.
He increase wage initial for the year 2017 will be of the 1.60% on the wage base of them groups professional final of 2016 that is of the application of the provisions earlier.
In the first two months of the year 2017 the Joint Commission of the Convention will meet in order determine whether given the evolution of the inflation RATE to 2015-2016 corresponds to revise the basis of calculation of salaries table bases that serve as the basis for 2017. At the same meeting and noted once the above circumstance, shall draw up wage bases table by professional groups for 2017 requesting registration, registration and publication by the labour authority.
45 bis. 2017 wage review clause.
In the assumed that the index of prices to the consumption (IPC) general Spanish corresponding to the year 2017 exceeds the increase agreed in the present Convention collective for said year, is will proceed to regularise them concepts economic regulated in the present Convention collective, without Effects retroactive, in the difference existing.
The new values will form the basis for the calculation of wage increases that could agree to the year 2018.
46. clause of non-application of the Convention collective.
When any of the companies included in the functional scope of the present Convention start consultation with the representation of the workers for the non-application of working conditions provided for in this Convention, all this in accordance with article 82.3 of the workers ' Statute, it must notify the Joint Commission.
In cases of absence of legal representation of workers in the company, these may be attributed its representation to a Commission designated pursuant to article 41.4 of the Statute of workers or the business or trade union organisations that signed the collective Convention.
When the period of consultations end with agreement must be notified to the Commission joint of the Convention collective and to the Authority work.
In case of disagreement during the consultations either party may refer the discrepancy to the Joint Commission of the Convention which shall have a maximum period of seven days to decide, to tell since the discrepancy was raised. When this don't reach an agreement, the parties may resort to procedures for the out-of-court settlement of disputes existing in the territory corresponding to the alleged failure.
47. complement personal of antiquity.
The personnel covered by this Agreement shall receive periodic increases for years of service, consisting of cuatrienios, in the amount of 5 per 100 each, within the limits established by the Statute of workers.
Except those who have established more beneficial conditions, the basis for the calculation of the complement of antiquity during the years of entry into force of the Convention will be 410,00 euros.
This supplement shall be paid on each of the two payments established by the company, including those mentioned in the following article 48.
48 gratifications of July, Christmas and March.
In the 15 days of the months of March, July and December, companies paid consistent gratification each one of them in the amount corresponding to thirty days of agreement wage seniority, where appropriate. In the case of the March pay, this may be prorated over the twelve months of the year.
However, companies may agree with the legal representatives of the workers and failing with employees payment of assets accrued annually prorating them by the number of pay deemed most appropriate.
49. snap-in case of incapacity temporary.
In the case of temporary incapacity by illness, suspension of contract risk for the pregnancy or accident, duly accredited by the Social Security, the company will complete the mandated benefits up to the amount full of their compensation up to the limit of twelve months, even if the worker has been replaced.
Correction of absenteeism.-them parts signatory of the present Agreement recognize the serious problem that for our society supposed the absenteeism and understands that its reduction implies both an increase of the presence of the worker in the since of work as it correct Organization of the medicine of company and of it security Social, together with some appropriate conditions of security, health and environment of work , in order to effective protection of the physical and mental health of workers.
Similarly, the parties are aware of the serious deterioration causing absenteeism when certain levels are exceeded, in the economy as well as the need to reduce it, given its negative impact on productivity.
To achieve these objectives properly agree to: 1. do their utmost to suppress the absenteeism due to causes related to the working environment in order to an effective improvement of the working conditions, taking into account the ILO standards. To do this, both sides will meet annually in order to analyse the causes of absenteeism from the previous year and rating, if applicable to the type of action that may arise from such an analysis.
2. the representatives of the workers must be consulted in all decisions relating to technology, organization of work and use of raw materials that have impact on the physical and/or mental health of the worker.
3. to the quantified and classified causes of absenteeism, will not be Computable for purposes of such quantification following absences, prior and duly justified, within the legally established in the following cases: marriage.
Birth of a child or serious illness or death of a relative up to the second degree of consanguinity or affinity.
Transfer of habitual residence.
By the time necessary for the fulfilment of a duty of public and personal character.
Realization of Trade Union functions or in the terms established legally or conventionally staff representation.
Absences for nursing one child under nine months.
Absences arising from hospitalization.
Absences due to injury.
The absences caused by the suspension of the activity in the event of risk of accident when it has so ordered by the Authority work or own entrepreneur, so decides whether or not at the request of the representatives of the workers.
Cases of suspension of employment contract due to legally established, except for temporary incapacity.
Not is considered to these effects the fouls uninterrupted of more than twenty-one days or those in which is concerned of hospitalization, accident of work or maternity and licenses.
4. for reduce the absenteeism (understood as such it inability temporary, in accordance with the heading previous and it lack not justified), when it encrypts individual of absenteeism exceeded of the 4 by 100 of the day / time to work during the period of three months natural, the worker affected will leave of perceive the complement of disability temporary. Such computation is held quarterly and, in the supposed that the worker had perceived unduly the complement, the company will proceed to its deduction in the first month of the following quarter.
5. the Faculty of withdraw the complement of disability temporary, referred in the paragraph earlier, may be used by them companies, although not it had exerted with previously.
6. companies, in any case, support increase in inferred economic complement of this article, whether by legislative or regulatory changes the percentage reductions occur in Social Security benefits.
7. in this chapter, both parties shall be governed by the basic criterion to seek the reduction of the causes that generate it and focus on those in which realistic and negotiating action can get its reduction in the short and medium term.
The destination given to the amount of funds that will be created with the add-in no longer perceived by those affected, will be decided with the participation of representatives of workers in meeting dedicated to this purpose, in the first quarter of the year on the previous year, 50. Payment of the salary.
Payment of wages will be made by check, Bank heel, or bank transfer system. In the latter case, the company will ensure that the payment on the account of worker, occurs in the usual date of payment.
The period of payment of wages can be weekly, bi-weekly or monthly.
Workers are entitled to receive advances for work performed while these may exceed 90 per cent of the total amount of wages earned.
Those companies that did the payment of them assets through check or heel banking and that the schedule of work coincides with the of box of them entities Bank, will come forced to agree with them workers affected the form in that these can make effective such collections.
Those companies in which is appropriate to the implementation or to the modification of a system of incentives of character collective must negotiate with them representatives of them workers them new conditions labor that could derive is of such situation as well as the possible counterparts.
In cases of disagreement between employers and workers must seek advice necessarily mediation and/or arbitration procedures provided for in this collective agreement.
In line with the will of them organizations signatory of advance in a greater relationship between pay and productivity, to initiative of them companies may establish is systems of retribution by yields that improve the productivity and accordingly, the wage of them workers and workers.
Increased productivity of labour aims to limit 40% of the normal performance, whereby the needs of increased productivity of the companies of 100%, 200%, 1,000%, etc., does not depend on labor, but the enterprise robotizando, machining and computerized processes that can be.
Confining ourselves to the productivity of labor and given that organizations that subscribe to this Convention, are full members of the ILO, accept the concepts of the publications issued by this body, and in what refers to productivity, this organization sets for the productivity of the labour force reference 100 for normal yields and 140 for optimum yields. The valuation of the works will make it free and optionally each company that want it for one of the five techniques that exist for rating jobs, according to the type of work that develop each company, using the technique that is most profitable. Such five technical are: assessment by statistics of performances in work earlier, sampling of work, timing, times standard and times default.
However, if some companies that are attached to this Convention used other various activities and performance scales, may continue with having if so deemed suitable, understanding that the normal activity 100 is the same reference at all scales although designated with a different figure, (75 Gombert, 60 Bedaux, etc.)
In order to increase the wages of workers, is recommended by the signatory parties of the Convention, establish enterprises technique or techniques of the five expressed that it suits the types of work carried out to establish the yields of normal, as well as systems of economic incentives for superior returns to normal, incentives that, in any case , passed to form part of the wage agreement that perceived by the consideration of the performance normal 100. This article on productivity remains open face to its enlargement in successive agreements according to needs that demands the subject.
Procedure for the implementation of a new system of performance and incentives.
For the introduction of a new system of performance based on bonuses or incentives, fixing of the normal and optimal activity and change in working methods proceed as follows: 1 the management of the company must previously inform in writing of the new system which is intended to implement the works Committee or delegate of staff and stewards , if the any, or representatives of the sections Trade Union of company.
2nd on the assumption that there is no agreement between management and the workers representatives, in connection with the implementation of a new system of organization of work, any of the parties may request the mediation of the Joint Commission, both parties by mutual agreement, to arbitration as provided for in the agreement on extra-judicial settlement of disputes of existing nationally.
3rd not having produced the agreement demanded or requested external arbitration the implementation of the new system of performance or work will be faculty and decision of the direction of the company, irrespective of legal actions that correspond to those affected, if they interpret these modifications gotten injured their contractual rights. Meanwhile insofar is not reached agreement on the procedure of mediation, or arbitration award handed down or judicial resolution firm, applies the new performance system ordered by the Directorate, in accordance with the time limits provided for in article 41 of the ET for cases of substantial working conditions change.
53 clause of non-discrimination and affirmative action.
To contribute effectively to the implementation of the principle of non-discrimination and low development concepts of equal conditions of work of equal value, it's necessary to develop a particularly positive in the conditions of recruitment action, salary, training, promotion and working conditions in general, so that of fitness equal preference will be persons of gender under-represented in the professional group concerned.
In matter wage is da by reproduced the article 28 of the Statute of them workers that sets them conditions of principles of equality of remuneration by reason of sex and says that is refers both to the remuneration direct as indirect, wage as extrasalarial.
CHAPTER VI displacements and transfers 54. Displacement.
Companies, by the service needs, can confer their workers any Commission out of habitual residence, in which case the worker shall be entitled to be paid expenses has been made upon presentation of the corresponding receipts.
The conditions in which movements must be performed shall appear on the enterprise Pact if any. If it were not regulated in the heart of the company, minimum diet that people will perceive that shall make such displacements will be 12 euros if it makes a meal outside the home, euros if it makes lunch and dinner and 100 euros if you need to spend the night outside their home, these amounts shall be collected at the time of start is the offset.
Where movement involves for the worker the continuous absence of the workplace of more than 30 calendar days, it will have character of transfer and shall be made by common agreement between the parties.
The transfer of personal to different centres of work that involves change of residence, not may be imposed as sanction.
In the event that the company has to spend to a worker, group of workers, or all of your template, to another work center, follow the procedure laid down in article 40 of the current statute of workers.
In them cases of change of domicile of the company within the same town or community autonomous where already came exerting its activity, is proceed of such mode that, in all case, are safeguarded them interests of them workers.
CHAPTER VII Prevención de riesgos laborales 56. Development framework.
The protection of the health of workers is a basic and priority goal of the signatory parties, and considered that to achieve it is required the establishment and planning of preventive action in the workplace and in companies that have finally the elimination or reduction of risks at source, from its assessment which shall take into account also the concepts of gender and psycho-social taking necessary measures, both in the correction of the existing situation and technical and organizational developments of the company to adapt work to the person and protect their health.
In many matters relating to the prevention of health and safety of workers, shall apply the provisions contained in the law 31/1995 of 8 November, prevention of occupational hazards, and concordant rules, which constitute rules of law required minimum and unavailable.
57. the preventive action in the company.
Preventive action in companies from the scope of this Convention will be inspired by the following principles: avoid and combat the risks at source.
Assess those which can not be avoided.
Replaced as far as possible the dangerous which involves little or no danger.
Personal protective equipment must be used when risks may not be avoided or not can be limited sufficiently by technical means of collective protection or by measures, methods or procedures of work organization.
Adopt measures that put the protection group to the individual.
Plan for prevention.
Adapt the work to the person, especially in what respects to the conception ergonomic of the posts of work, and of organization of the same.
58 obligations of the / as workers in the field of prevention of occupational risks.
1. corresponds to each worker ensure, according to their possibilities and through the compliance of them measures of prevention that, in each case are adopted, by its own security in the work and by it of those other people to which can affect your activity professional, because of their acts and omissions in the work of conformity with its training and them instructions of the entrepreneur.
2. workers according to their training and following the instructions given by the employer, shall in particular: 3. use properly, in accordance with their nature and the foreseeable risks, machines, devices, tools, dangerous substances, equipment transport and in general, any other means with which to develop their activity.
4 use the means and necessary protective equipment by the employer, in accordance with the instructions received from this.
5. do not put out of operation and use existing safety devices or that they are installed in the media related to your activity or in workplaces in which takes place.
6. inform immediately to its upper hierarchical direct and to them / as workers / as designated for perform activities of protection and prevention, in its case, to the service of prevention about any situation that to your trial, involves by reasons reasonable, a risk for the security and the health of them / as workers and workers.
7. contribute to the fulfilment of the obligations laid down by the competent authority in order to protect the safety and health of the / as workers on the job.
8 cooperate with the entrepreneur so that this can ensure working conditions that are safe and do not involve risks to the safety and health of the / as workers.
9. them / as workers and workers minor of 18 years, women pregnant and in period of breastfeeding not may perform Conference top to eight hours of work effective.
59. protection of motherhood.
1. the risk assessment shall entail the determination of the nature, degree and duration of exposure of the workers in a situation of pregnancy or recent childbirth, agents, procedures or working conditions that can adversely affect the health of workers or of the fetus, in any activity that can present a specific risk. If the results of the evaluation reveals a risk to safety and health and a possible effect on the pregnancy or breastfeeding of workers mentioned, the employer shall take measures necessary to avoid exposure to this risk, through an adaptation of the conditions or the working time of the affected worker. These measures will include, when is necessary, it not realization of work night or of work to shift.
2. when conditions or working time adaptation is not possible or, in spite of such adaptation, employment conditions could adversely affect the health of the pregnant woman or the fetus, and so certified physician attending on the applicable Social security system optionally worker This will play a post from work or function different and compatible with her condition. The entrepreneur must determine, prior consultation with them representatives of them workers, the relationship of them positions of work exempt of risks to these effects.
The change of position or function will be carried out in accordance with the rules and criteria to be applied in cases of functional mobility and will have effects until the moment in which the State of health of the worker allow his reinstatement to the previous post.
In the course of that, even applying the rules referred to in the preceding paragraph, did not exist because of work or compatible function, the worker may be destined to a not corresponding to your group or equivalent position, although it will retain the right to set fees from its place of origin.
(3 If this change of position is not technically or objectively possible, or not be can reasonably be required for justified reasons, it may be declared the passage of the employee affected the situation of suspension of the contract for risk during pregnancy, as referred to in article 45.1. d) of the Statute of workers, during the period necessary to protect her safety or health while persists the impossibility of returning to his former position or to another post compatible with her condition.
4 in previous issues of this article shall also apply during the lactation period, if working conditions could adversely affect the health of the woman or the child and thus certifies it the doctor, where the applicable Social security system, optionally attend the worker.
5. pregnant women are entitled to be absent from work, entitled to remuneration, to carry out prenatal tests and birth preparation techniques, notice to the employer and justification of the need for its implementation within the working day.
60. medical examinations.
Medical examinations carried out must be specific, adapting to the risks present in the posts and centres of labour and raw materials or additives that are handled in each workplace. These awards will take place with the frequency determined in the Protocol of surveillance of the health of the workplace, without prejudice to that standard of higher rank, different periods may be established.
Those workers and groups of workers who, by their personal characteristics, by their greater exposure to risk conditions or other circumstances, have increased vulnerability to it, will be monitored in particular.
The realization of the recognition medical is held within the day labor, the time employee will be the necessary, including the time of displacement and them expenses of transport that run to charge of the company and will be considered to all them effects as time of work effective.
Choice of mutual: the management of the company will notify in writing the delegates of prevention, discussed in the Committee on safety and health, at a meeting convened at the effect, with a minimum notice of 15 days, the changes that may occur in the choice of mutual, as well as the decision to cede the management of common to these contingencies to effects that can issue the corresponding report , that does not have character binding. Also, with character annual, the address of the company will facilitate to them delegates of prevention information required so in the breast of the Committee of security and health is can evaluate the management of the mutual.
Also, them companies must deliver by written the evaluation of risks to it representation Union responsible of the prevention and the safety and health of them people in the field of it company.
CHAPTER VIII improvements social 61. Items of work.
Them workers that provide their services in sections whose work involves a wear of garments upper to the normal as well as to all the personal junior, the company les will facilitate overalls, monkeys or garments appropriate to the work (pants, etc.) that made, at least two times to the year, whenever the provision so it requires.
The companies must provide of clothing and footwear waterproof to the personal that usually have that perform the work to the weather; also to those workers whose usual permanent job requires handling of bulk products which could damage your footwear by its peculiar nature.
Work clothing are not considered property of the worker and for replacement shall deliver the used clothing.
Companies may require that garments engraving name or anagram thereof, and of the section to which they belong.
Costs incurred for this reason shall be borne by the company.
62. award of bonding.
In order to proceed to reward workers who have lent their services to the company for twenty-five years, this will come to meet an award of 45 days of the last salary credited to them on the date of compliance. Similarly those who reach the forty years of service will receive an award of 75 days of the last salary accredited.
For the calculation of the price per day it will divide a fixed annual gross salary between 365 days by multiplying it by the days corresponding to each award.
63. support for death and disability.
In case of death, inability absolute or great disability of the worker with a year of antiquity in the company, will have right to perceive, or in its defect to their IMSS users, a helps consistent in the equivalent to three monthly payments of the last wage accredited, through a safe concerted to the effect by them companies, with a capital that is as minimum the mentioned amount. Such assistance will have their effect until retirement or decline in the company's worker.
CHAPTER IX 64 Union rights. Book of hours for the representatives of the workers.
The representatives of the workers, will benefit monthly for the exercise of trade union representation, a credit of 32 hours, regardless of the number of workers that have the company.
He credit of hours paid corresponding to them members of those committees, delegates of personal and delegates Union, will be cumulative by periods annual prior notification to the company from them organizations Union in whose candidacies is have presented or in representation of which act syndicate. The management of such hours bag will correspond to such unions previous cession signed by individual holders of those rights.
He Union, or in its name the section Trade Union corresponding, shall notify monthly to the company the use of hours from them delegates Union, delegates of personal and members of Committee.
65. Trade Union sections.
In them companies or centers of work affected by the present Convention collective is may constitute sections Union based on it willing in it law organic of freedom Union and in the paragraph following, and may develop its action Union with them contained that then is expressed: 1. them workers affiliate to a Union may in the field of the company or center of work (: a) constitute trade union sections in accordance with provisions in the statutes of the Trade Union.
b) hold meetings, notice the entrepreneur, raise fees and distributing Trade Union information, outside of the working hours and without disturbing the normal activity in the company.
(c) receive the information that forward your Union.
(2. them sections Union of them unions more representative and of which have representation in them committees of company or have with delegates of Personal will have them following rights: to) with the purpose of facilitate it broadcasting of those notices that can interest to them affiliates to the Union and to them workers general, it company will put to your disposal a plank of ads that must place is in the center of work and in place where is ensure a adequate access to the same workers.
(b) to collective bargaining, in the terms established in the specific legislation.
(c) to the use of a local right in which may develop their activities in those companies or centers of work with more than 250 workers.
66. public office.
Them workers that have charges Union representative of character public, will enjoy of them appropriate facilities for the performance of them themselves, having right to the perceive full of all them remuneration established in the present Convention, in them so-called of absences motivated by the performance of those must be justified in each case properly.
67. plank of announcements.
In each one of them centers of work of the companies included in this Convention, is will have of a plank of ads for its use by them representatives of them workers in which is inserted those information of interest to their represented.
It will place so that, without being in the public eye outside the center of work, the location of the same by workers is easy.
68. the right to non-discrimination.
Workers affiliated to a Trade Union Confederation may not be discriminated against on the basis of their trade union membership.
69. special leave by reason of his trade union office.
Every worker in asset that has been elected to Trade Union Office of provincial or higher level, is entitled to recognition of the situation of trade union leave.
This leave is extended for the time of duration of the charge for which he was elected and this reservation of the job.
The surplus worker drop automatically to your job whenever you request it in the thirty days following the date of its termination of the charge.
CHAPTER X disciplinary workers may be sanctioned by the management of the companies, in accordance with the graduation of fouls and penalties set out in the following articles.
70. graduation of failures.
All lack committed by a worker shall be classified, according to their importance, significance and intention, in mild, serious or very serious.
71 minor misconduct.
They are considered minor misconduct as follows: to) a three fouls not justified of punctuality in the incorporation into work, in a period of 30 days, provided that these delays are not caused serious damages to the company and in which case it will qualify for serious misconduct.
(b) pursue the corresponding medical, timely when it fails to work for justified reason, unless it is proven the impossibility of completing it.
(c) the abandonment of the service without cause founded, even if it is for a short time. As consequence of it, is subject to any consideration of the company originates or were cause of accident to his fellow working, is missing may be considered as serious or very serious, according to cases.
(d) small oversights in the conservation of the material.
(e) lack of cleanliness and personal hygiene, as such, that may affect the production process of the company.
(f) not to attend the public with due diligence and the correction.
(g) not to communicate to the company changes of residence or domicile.
(h) the discussions on matters unrelated to the work within the premises of the company. If such arguments produce scandal notorious, may be considered as lacking serious or very serious.
(i) absent to the work a day to the month no cause justified.
72. lacking serious.
(Is considered faults serious the following: to) more than three faults not justified of punctuality, in the assistance to the work in a period of thirty days.
(b) absence without cause justified, for two days during a period of thirty days.
(c) not communicate with the punctuality due, the changes experienced in the family, that can affect to the Security Social. The missing malicious in these data are considered as missing very serious.
(d) deliver it to games or distractions in the hours of work.
(e) the simulation of disease or accident.
(f) the disobedience to his superiors in any field of work. If it involved a manifest breach of discipline, or it is stemmed noticeable damage to the company, it may be considered as very serious.
(g) to simulate the presence of another worker, recruiting, answering or signed by him.
(h) neglect or carelessness at the workplace, affecting the smooth running of the service.
(i) the negligence Act of work. If it implied risk of accident for worker, co-workers or danger of breakdown for the facility, it may be regarded as very serious.
j) carry out, without the appropriate permission private works during the day, as well as tools of the company for own applications. Drunkenness outside Act of service wearing the company uniform, always by the uniform can be identified to the company.
(k) recidivism in slight lack (excluded from punctuality), albeit of a different kind, within a quarter and having upon written communication.
73. very serious offences.
The following very serious misconduct shall be considered: to) more than ten unjustified lack of punctuality, exceeding five minutes committed over a period of six months or twenty a year.
(b) the fraud, disloyalty or abuse of confidence in them steps assigned and the theft or theft, both to the company as to them companions of work or any other person within them dependencies of it company or during the work in any other place.
(c) make disappear, disable, destroy or cause damage in first materials, useful, tools, machinery, equipment, facilities, buildings, enseres and documents of the company.
(d) it condemns by crime of theft, theft or embezzlement, committed out of the company, or by any other class of made that can involve for this, distrust concerning its author, and in all case, it of duration upper to six years, dictated by them courts of Justice.
(e) the continued and habitual lack of cleaning of that kind, which produces justified complaints from co-workers.
(f) the habitual drunkenness that have a negative impact to the work.
(g) violate the secrecy of correspondence or reserved documents of the company or disclose to foreign materials at the same forced reservation data.
(h) abuse of Word or work, abuse of authority or a serious lack of respect and consideration heads or relatives, as well as peers and subordinates.
(i) cause serious accidents due to negligence or imprudence.
(j) leave work in position of responsibility.
(k) the decrease in voluntary and continued in the normal performance of the work, provided that it is not motivated by the exercise of any right recognized by law.
(l) the cause of frequent fights and quarrels with coworkers.
(m) the recidivism in lack serious, although is of different nature, whenever is kite within the six months following of have is produced it first.
(n) the abuse of authority by the bosses will be always considered very serious. Which it suffer it will put immediately in knowledge of the direction of the company.
(or) is considered missing very serious, any form of harassment sexual.
74. regime of sanctions.
It corresponds to the company the power to impose sanctions in accordance with the provisions of this Convention.
The sanction of the faults minor and serious, or very serious will require communication written motivated to the worker.
Shall be fulfilled the requirement of opening of disciplinary record in cases of very serious misconduct, with the written communication to the employee stating the charges that are against him. It will be awarded to the worker, a period of at least three working days and maximum one week to the effect that may, the affected, make those arguments it deems appropriate.
In any case, the company will realize the representatives of workers the same day to the affected, of all sanction or disciplinary open.
75. sanctions maximum.
The maximum penalties which may be imposed in each case, according to the severity of the foul, will be as follows: for minor misconduct: verbal reprimand, admonishment by writing, suspension of employment and salary up to two days.
For serious misconduct: Suspension of employment and salary of three to fifteen days.
By fouls very serious: from the suspension of employment and salary of sixteen to sixty days, until the termination of the contract of work, in them alleged in that the missing out qualified of a grade maximum.
The Faculty of it company for punish, is barred for them failures mild, to them ten days, for them failures serious to them twenty days, and for them fouls very serious, to them sixty days starting from the date in that that had knowledge of its Commission, and in any case to them six months of have is committed.
77. graduation of fouls.
To them alone effects of graduation of failures, not is will have in has those that is have committed with previously in accordance with the following deadlines: fouls mild: three months.
Serious faults: six months.
Fouls very serious: a year CHAPTER XI training professional in the field labor 78. Training for employment at sectoral level.
The organisations that signed the Convention considered the continuous training of workers as a strategic element that allows you to combine the increased competitiveness of the companies with individual training and professional development of the worker.
Accordingly, the organisations that signed the collective Convention will assume in the field of the sector functions that the existing legislation on the subject entrusted them in order to facilitate and promote the actions of training for employment in the workplace.
CHAPTER XII Commission mixed and procedure of solution independent of conflicts 79. Joint Commission.
The signatory parties of the present Convention, Obreras-Industria commissions (CCOO - industry) and the Federation of services to mobility and consumption of UGT (SMC-UGT) on the one hand, and the Spanish Federation of wholesalers of perfumery, drugstore and annexes (FEMPDA), the Spanish Association of the chemical trade (AECQ) and the business Catalan Federation of the industry chemical (FEDEQUIM) on the other hand, agree to establish a joint Commission and Paritaria as a body of interpretation , arbitration, conciliation, restructuring and monitoring of the Convention.
Fixed the domicile of the Joint Commission in: CC. OO.-industry, in calle Ramírez de Arellano, 19, 6th floor, 28043 Madrid.
SMC - UGT, in avenida de América, 25, 8th, 28002 Madrid.
FEDEQUIM, on calle Roger de Llúria, 44, 2nd, 08009 Barcelona.
AECQ, in calle Viladomat, 174, 08015 Barcelona.
FEMPDA, in calle Orense, 68, 5, 28020 Madrid.
The Joint Commission shall be composed equally of four workers and four representatives of employers, who between them, will choose one or two Secretaries.
This Commission may use the services of advisers in few materials are of their competition. Such advisors will be designated freely by each an of the parts.
Matters submitted to the Joint Committee shall take the character of ordinary or extraordinary. Be awarded such rating any of the associations Union and business signatories of the Convention collective.
In the first case, the Joint Commission must resolve within fifteen days, and the second, in seventy-two hours, without prejudice to the fulfilment of the legal deadlines in those procedures specifically have it fixed for the intervention of the Joint Commission.
Proceed to convene the Commission mixed, interchangeably, any of the parts that it integrated.
They are specific functions of the Joint Committee the following: 1. interpretation of the Convention. Such an interpretation will take place according to the following guidelines: 1.1 when either of the parties of the Joint Commission receives a request for intervention will transmit it to other parts of the same, so that each of these may collect information that it deems necessary, giving the ordinary or extraordinary character each issue for the purpose of resolution of the same term.
1.2 the resolution of the Commission mixed is held in all them cases based on it raised by the part consultant, having also in has the documentation complementary received and them own valuations that it Commission mixed perform. The relevant effects, this documentation will be filed by the Joint Committee and shall constitute an integral part of the resolution of this. The Joint Commission shall notify parties involved for each visit the resolution adopted.
1.3. the agreements of the Joint Commission for the interpretation of the Convention will have the same value as the text of this pursuant to article 91 (4) of the Statute of workers. In any case those affected by the decision may bring an action before the competent court in defence of their interests.
2 mediating or arbitrating in the treatment and resolution of many issues and collective disputes may arise in the field of application of the present collective agreement.
In this sense, the Joint Commission will coordinate its actions with existing mediation, conciliation and arbitration mechanisms or they can be up and running in the future, both nationally and in the regional according to the territorial scope of the conflict.
3. monitoring of the compliance with collective of it agreed.
4 understand in terms of consultation or mediation, of prior and compulsory form to the administrative and jurisdictional via on the filing of collective disputes arising in companies affected by this Convention arising out of the same application or interpretation.
5 make the necessary steps before the central or regional administration, in order to obtain aid that allow a higher termination of collective disputes.
Of get are such objectives the Commission mixed corresponding would include in the text of the Convention the procedure relevant.
6 develop the list of mediators and arbitrators as such exercise in the conflicts that arise in the sector of wholesale of chemical products, drugstore, perfume and related in accordance with the procedure laid down in the agreement of autonomous solution of disputes existing.
7. with regard to the regime, procedure, rights of consultation of them representatives of them workers and effects of them modifications substantial of them conditions of work both individual as collective is will be to it willing in the article 41 of the Statute of the workers.
Developing of the preven1ido in the article 41.4 of the Statute of workers, the procedure to be followed for the modification of the conditions which referred to in paragraphs 5 and 6 of the said article 41, shall be as follows: at the beginning of fifteen days consultation period the company delivered to the representation of workers in writing information justifying the measure , the objectives that are intended to cover, the impact of the measure on the progress of the company and/or employment, as well as in relation to measures to mitigate the impact on those affected and evaluating occupational hazards that may lead to the substantial changes in working conditions that are intended to specifically implement.
Up to a maximum of 30 days consultation period may be extended by mutual agreement.
Also parties may at any time replace agreement consultation period referred to in article 41.4 of the workers ' Statute by mediation and/or arbitration of the Joint Committee of this Convention.
The agreement which in your case is reached will detail 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 established objectives.
In case of disagreement, the parts must request the mediation or, in your case, the arbitration of the Commission mixed in them terms indicated in them articles 79 and following of the present Convention.
However, in cases of substantial on working conditions change refers to which article 41.5 of the Statute of workers, the implementation of the procedures of mediation and arbitration referred to in the previous paragraph will not disrupt the implementation of the modifications ordered by the management of the company once exhausted the period of consultation. In the event of implant finally said modifications shall be informed previously affected the potential new risks and adaptations that come in the occupational risk prevention plan will also be.
The intervention as partners before the address of the company in the procedure of consultations will correspond to them sections Union when these so it agree, whenever join it most of them members of the Committee of company or between them delegates of personal.
In the event of absence of legal representation of the workers in the enterprise, this means attributed to the most representative trade unions and legitimacy to be part of the negotiating Commission of the present collective agreement and unless workers decide to attribute its representation to a Commission composed of workers of the company appointed in accordance with article 41.4 of the Statute of workers.
Individual or collective material working conditions modifications which are contrary to the regulation of conditions listed in this agreement and/or developed in collective agreements or covenants on joint whose purpose is to ensure the principle of equality of opportunities between women and men and non-discrimination on grounds of sex, will not be possible or when involving a loss of dignity.
8. in the case of negotiation at the level of company's non-application of the collective agreement it will be to the article which is developed in the text.
83. voluntary dispute resolution procedures.
Also them parts signatory of the present Convention declare their accession voluntary, in case of conflict, to it established in the V agreement on solution autonomous of conflicts labour (System extrajudicial) (BOE of 23 of February of 2012) or standard that it replace during the validity of this Convention.
Any discrepancies that may arise in the development of the functions of the Joint Commission according to the provisions of this agreement may be resolved pending mediation and/or arbitration by schemes of extra-judicial settlement of existing conflicts.
In each case is submit the question to the system that by the field territorial of the conflict is competent and in accordance with the regulations of each one of them.
CHAPTER XIII equal opportunities 84. Equality of opportunity.
Them organizations signatory of the Convention, both Union as business, understand that is necessary establish a frame normative general of intervention to level sectoral for ensure that the right fundamental to the equality of treatment and opportunities in them companies is real and effective. Therefore, agree to the following sectoral objectives: to) establish guidelines regarding the development, structure and procedure of plans in order to achieve optimal management of human resources to avoid discrimination and to offer equal opportunities, supported by a permanent resource to social dialogue.
(b) constitute a sectoral Committee for equality whose competences are designated in article 90 of the Convention to the effect that you can develop an effective work in the field of equal treatment and opportunities in the work.
85. plans of equality.
In accordance with the provisions of organic law 3/2007, companies are obliged to respect the equality of treatment and opportunities in the workplace and, to this end, shall take measures to avoid any kind of discrimination between women and men, measures which should negotiate, and if agreed, with representatives of the workers in the form determined by labour legislation.
In them companies of more than 250 workers, have one or more centers of work, them measures of equality to is refers the paragraph previous should go is to the elaboration and application of a plan of equality.
The companies also shall devise and implement a plan of equality, prior negotiation or consultation, where appropriate, the legal representation of workers, when the labour authority had agreed in a sanctioning procedure replacement of accessory sanctions for the elaboration and implementation of such a plan, in the terms established in the indicated agreement.
The elaboration and implementation of plans of equality will be voluntary for them others companies, prior consultation to the representation legal of them workers.
Effects of regulated in the Convention regarding equality plans and the Diagnostics of the situation should be taken into account in article 5 of the organic law 3/2007, according to which, shall not constitute discrimination in access to employment, including the necessary training, a difference of treatment based on a characteristic related to sex when , due to the nature of them activities professional concrete or to the context in which is carried to out, such characteristic constitutes a requirement professional essential and determinant, provided the objective is legitimate and the requirement provided.
To this end, the Convention then collects a series of guidelines and rules in relation to equality plans and diagnosis of situation that may continue to be more than 250 workers companies included within its scope and whose purpose is to facilitate the application and implementation of the organic law 3/2007 to the latter.
86. concept of the plans of equality.
As laid down in the organic law 3/2007 plans of the companies are a set ordering of measures, adopted after a diagnosis of the situation, to achieve equal treatment and opportunities between women and men in the company and eliminate discrimination on grounds of sex.
Them plans of equality fixed them concrete objectives of equality to reach, the strategies and practices to adopt for his achievement, as well as the establishment of systems effective of follow-up and evaluation of them objectives set.
87. diagnosis of the situation.
Prior to fixing the objectives of equality be achieved where appropriate, companies will make a diagnosis of the situation agreed with the RLT whose purpose will be to collect data disaggregated by sex with regard to working conditions, and with special reference to matters such as access to employment, training, classification and career development and remuneration conditions and management of the day , conciliation of work, family and personal life, etc. All for the purpose of identify, if any, the existence of situations of inequality of treatment or opportunities for men and women without an objective and reasonable justification, or situations of discrimination on grounds of sex involving the need to set such goals.
All this will rise together with Union representation Act.
(He diagnosis of situation must provide data disaggregated by sexes in relationship, between others, with some of the following issues: to) distribution of the template in relation to ages, antique, Department, level hierarchical, groups professional and level of training.
(b) distribution of the template types of contracts.
(c) distribution of the template in relation to wage and occupational groups.
(d) distribution of the template in relation to management of the day, annual hours of work, regime shifts and measures for reconciling work and family life.
(e) distribution of the template in relation to Union representation.
(f) income and work produced in the past year specifying the professional group, age and type of contract.
(g) levels of absenteeism by specifying causes and indicating the corresponding permits, disabilities or other.
(h) leaves of absence last year and the reasons.
(i) promotions last year specifying jobs and professional group has been promoted that, as well as promotions linked to geographical mobility.
(j) training hours last year and type of training actions.
They must also be diagnosed: the criteria and information and/or communication channels used in the processes of selection, training and promotion, the methods used for the description of jobs and professional profiles, language and content of the offers of employment and application forms to participate in processes of selection, training and promotion.
88. goals of equality plans.
Once the diagnosis of situation specific targets may be established to achieve on the basis of the data obtained and which may consist in the establishment of positive action on those issues in which it has found the existence of situations of inequality between women and men devoid of objective justification, as well as in the establishment of General measures for the effective implementation of the principle of equal treatment and non-discrimination.
(Such objectives, that will include them strategies and practices for its achievement, Iran destined preferably to them areas of access to the employment, training, classification and promotion professional, conditions remuneration and of day, conciliation of the life family, etc., and, between others, may consist in: to) promote processes of selection and promotion in equality that avoid the segregation vertical and horizontal and the use of the language sexist. This is pretend to make procedures transparent selection for admission to the company through the drafting and non-discriminatory dissemination of vacancies and the establishment of evidence objective and appropriate to the requirements of the position offered, exclusively related to the assessment of skills and individual abilities.
(b) to promote the inclusion of women in jobs that involve control or responsibility.
(c) establish specific programmes for the selection/promotion of women in jobs in which they are underrepresented.
(d) review the incidence of non-standard forms of employment (part-time contracts and temporary hiring arrangements) in the collective of workers compared to workers and take corrective measures in case of greater incidence on these of such forms of recruitment.
(e) guarantee the equality of men and women access to company internal and external training, in order to ensure the permanence in the employment of women, developing their educational level and their adaptability to the requirements of the demand for employment.
(f) information specific to the women of the courses of training for jobs that traditionally have State occupied by men.
(g) to conduct specific courses on equal opportunities.
(h) to review add-ins that make up the wage to verify that they are not enclosing a discrimination on women workers.
(i) promote and establish deadlines to correct the possible wage differences between men and women.
(j) get a greater and better conciliation of the life family and labor of men and women through campaigns of awareness, broadcasting of them permits and sabbaticals legal existing, etc.
(k) establish measures to detect and correct potential risks to the health of women, especially pregnant women, as well as actions against possible cases of moral, sexual harassment and gender, for what is consensuarán preventive, educational awareness, protection, measures establishing protocols for this purpose.
89. competences of companies and representatives of the workers in the preparation of plans for equality and transitional arrangements.
Competition of the company will be make the diagnosis of the situation. Documentation that detach from the diagnosis will be facilitated for purposes of report to the representatives of the workers.
A time made the diagnosis of situation, them companies affected by them present provisions must negotiate with them representatives of them workers the corresponding plan of equality without this prejudge the result of the negotiation since, both the content of the plan as them measures that in its case should adopt is will depend on always of the diagnosis prior and of that have been observed in the company situations of inequality of try. In the event that discrepancies occur and were nature of conflict as laid down in the law, will be competent organs of mediation and arbitration of the Joint Commission.
A time implanted the plan of equality in the company is informed to them representatives of them workers with character annual on its evolution, can these last issue report itself so it estimate timely.
The companies will have a period coincident with the entry into force of the present collective agreement for the purposes of applying the provisions of the preceding articles with respect to diagnoses of the situation and plans.
90. the sectoral joint Commission for equality of opportunities.
(Is agrees to constitute a Commission joint sectoral by the equality of opportunities between them signatory of the present Convention to address them commitments assumed in the present chapter XIV of the Convention collective, with them following powers: to) understand in terms of consultation on them doubts of interpretation and/or application that can arise in them companies in relation to them provisions on plans of equality established in them articles earlier.
(b) monitoring of the evolution of equality plans agreed in enterprises of the sector.
(c) possibility of producing technical opinions on aspects related to the equality of opportunities and treatment between women and men in the work at the request of the Joint Commission.
If so it agrees in the bosom of the same, elaborate a specific study related to equal opportunities in the sector and, in particular, an assessment of the employment situation and employment of women, to be carried out by the sectoral survey of implementation of the Convention and to which will be necessary that the data presented in the latter disaggregated by gender.
The result of the sharing of these reports and its conclusions, will constitute the annual report on equal opportunities in the sector.
91. Protocols of prevention against harassment, on grounds of sex and sexual harassment.
In accordance with the provisions of the second additional provision of the previous collective agreement the parties agreed dated 6 February 2012 at the heart of the Joint Committee a model protocol of prevention against harassment, sexual and gender at sectoral level.
Such Protocol whose text is incorporates in this article to the Convention collective is apply in all the companies affected by this Convention collective that not available of one own agreed in its case with the representation legal of them workers.
1. Declaration of principles. Among the principles of conduct and action of the companies included in the functional scope of the present collective agreement is the "Respect for people" how essential for individual and professional development, having its most immediate reflection on the principles of "Respect for legality" and "Respect human rights" that regulate the activity of all persons in the exercise of its functions that it forces to observe a deal proper, respectful and dignified, guaranteeing the safeguarding of the fundamental rights of labour, personal privacy and equality.
In this same sense, it law organic 3 / 2007, of 22 of March, for the equality effective of women and men recognizes that the equality is a principle legal universal recognized in various texts international on rights human, instituting it obligation of promote conditions of work that avoid the situations of harassment, as well as umpiring procedures specific for its prevention and give runway to them complaints or claims that can formulate who have been object of the same.
The undersigned organizations of the present collective agreement consider that the conduct that is contrary to the principles above statements, and more specifically, those that present text identified as harassment behaviors, are unacceptable, and therefore a mutual commitment to collaboration, in any type of harassment zero tolerance should be taken at all levels.
He present Protocol has as objective prevent that is produce the harassment in the environment labour and, if occurs, ensure that is has of them procedures adequate to treat the problem and avoid that is repeat. These measures is intended to ensure companies working environments free of harassment, where all persons are obliged to respect their integrity and dignity in the professional and personal.
By the above, and in 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 23, the parties agree to the following protocol: 2. personal scope. This Protocol shall apply to the staff of the companies included in the functional scope of article 1 of the present collective agreement that did not have an own protocol.
3. definitions and preventive measures.
(to) harassment moral (mobbing): is understands as such all conduct abusive or of violence psychological that is make of form prolonged in the time on a person in the field labor, manifested through repeated behaviors, made, orders or words that have as purpose discredit, disregarding or isolate to a person to get an auto-abandono of the work producing a damage progressive and continuous in its dignity or integrity psychic. Is considered circumstances aggravating the made of that the person that exerts the harassment holds any form of authority hierarchical in the structure of the company on the person harassed.
The harassment moral is can present of three forms: i. of form descending, when who harasses occupies a charge top to the alleged victim of the harassment.
II. horizontally, when it occurs between people of the same hierarchical level, normally looking for who haunts to hinder the work of who is suffering in order to impair the professional image of this and even be attributed to itself other merits.
III. ascending, when who harass is a person who occupies a position of lower hierarchical level of the alleged victim.
(b) harassment sexual. Of conformity with it established in the article 2.1 d of the directive 54 / 2006, of 5 of July, and article 7 of the law organic 3 / 2007 of 21 of March, is considered harassment sexual the situation in which is produces any behavior verbal, not verbal or physical, of nature sexual with the purpose or the effect of attempt against the dignity of a person , in particular when you create an intimidating, hostile, degrading, humiliating or offensive environment.
(c) harassment on grounds of sex. In accordance with the provisions of article 2.1 c of the directive 54/2006, of July 5, and article 7 of the organic law 3/2007, of 21 March, is defined as the situation in which occurs a behavior related to the sex of a person with the purpose or effect of violating 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 configured in article 7.3 of the organic law 3/2007 for the effective equality of women and men as discriminatory acts, being the same express prohibition in the principles of behavior and performance, enjoying the special protection afforded by the Spanish Constitution on fundamental rights.
(e) preventive measures. (Is set as measures preventive of harassment, the following: 1) sensitize to the template both in the definition and forms of manifestation of them different types of harassment, as in them procedures of performance certain in this Protocol, case of produce is.
(2) respect the principle of not tolerating these behaviors, using if necessary, the disciplinary measures provided for in the labour legislation of application.
(3) establish the principle of stewardship of all the workers in the surveillance of them behaviors labour.
(4) define training programmes and/or communication, which encourage communication and proximity in any of the levels of the organization.
4. procedure of action. Companies affected by this Protocol guarantee activation of the procedure described below when there is a complaint of sexual harassment or gender, counting with the participation of the representatives of the workers.
(a) principles of the procedure of action. The procedure of action shall be governed by the following principles, which shall be observed at all times: guarantee of confidentiality and protection of the privacy and dignity of the persons involved, guaranteeing in all cases the preservation of the identity and personal circumstances of who renounce.
Priority and handling urgent.
Thorough investigation of the facts, and if necessary, managed by specialized professionals.
Guarantee of performance by adopting the measures necessary, including, where appropriate, the disciplinary, against the person or persons whose behaviors of sexual harassment or harassment on grounds of sex are tested, as well as in relation to who make accusation or complaint false, mediating bad faith.
Indemnity against reprisals, guaranteeing that there will be adverse treatment or negative effect on a person as a result of the submission of his party complaint or protest in any sense directed to prevent the situation of harassment and to initiate these proceedings (without prejudice to disciplinary measures which could be taken in situations of complaint manifestly false).
Guarantee that the person harassed can continue in his job under the same conditions if that is his will.
(b) scope. This procedure is internal, therefore, does not exclude nor determines the legal actions that could be exercised by handicapped persons.
(c) initiation of the procedure. The procedure will begin by implementing knowledge to the human resources managers of the center of work, the situation of sexual harassment or gender, which may be any of the following ways: 1. directly by the person concerned.
2 by the representatives of the workers.
3. for any person that has knowledge of the situation.
(d) instruction. The examination of the case will always be borne by persons responsible for human resources of the company which will be responsible for instructing the procedure and monitored during the same respect for principles informers who gathered in the procedure of action.
Those disposal case, except that the person affected by the harassment revealed otherwise, for which you will be asked specifically, put in knowledge of the representatives of the workers situation, keeping them abreast of his performances. While not record the express consent of the alleged victim may therefore be the situation to the attention of the representatives of the workers.
Persons involved in the instruction (address, trade unions or any) are subject to the obligation of professional secrecy on the information that they have access during the processing of the record. Failure to comply with this obligation may be sanctioned.
Exceptionally and in response to special circumstances that could go in any case, the examination of the case, may delegate another person who appoint the Directorate of human resources.
(e) procedure. Start-up knowledge of the situation of harassment, will start automatically a procedure, which aims to solve the problem immediately, since sometimes, merely express the person who allegedly harasses another offensive or intimidating consequences generated by their behavior, is sufficient so that the problem is corrected.
At this stage of the procedure, the person who instructed the record interview is with the parties in order to clarify the facts and reach a solution accepted by both.
The procedure is highly recommended, but optional anyway for the alleged victim. Once started, and in the case that the same does not finish within ten days since its inception having resolved the problem of harassment, will lead necessarily to the initiation of the formal procedure.
(f) Formal procedure). The formal procedure begins with opening, on the other hand instructor, an informative dossier.
For the development of the same, the instruction can practice many proceedings deemed necessary for clarification of the facts, keeping the formality procedure of hearing to the parties involved.
In the shortest possible time, without never exceed a maximum of 30 days, you must write a report containing the description of the facts alleged, attendant circumstances, the same intensity, the reiteration in the conduct and the degree of involvement of the job duties and the working environment of the alleged victim.
In all case must collect the conviction or not of the part instructor of have is committed them made reported, specifying them made that have been objectively accredited based on the proceedings practiced.
(g) measures precautionary. During the processing of the record to proposed of the part instructor, the address of the company may take them measures precautionary necessary conducive to the cessation immediate of it situation of harassment, without such measures can assume prejudice in them conditions labour of them people involved.
(h) assistance to the parties. During the processing of the record the parts involved may be assisted and accompanied by a person of trust, is or not representative of them workers, who must save stealth on the information to have access.
This person of confidence may be present in it takes of statements and in the communications that it part instructor direct to the people involved.
(i) closing of the record. Corporate direction, taking into consideration the gravity and importance of accredited facts, shall take corrective action within a maximum period of 15 days, and may be these ratification as definitive measures precautionary taken in processing the case.
In any case the representatives of the employees shall be informed of the final result of all the files that can be processed, as well as measures taken, except for the identity and personal circumstances of the alleged victim of harassment, (if this requested that the facts were not made known to it).
In any case, should the sexual or gender harassment imposed disciplinary sanction measures provided for in the law. Similarly, if it is accredited, shall be considered also acts of discrimination on grounds of sex.
In the case that determined the non-existence of harassment in all its forms, and also the bad faith of the complaint is determined, the corresponding disciplinary measures shall apply.
Provision additional first. Alternative fulfilment of the obligation of reservation of template in favor of disabled workers.
This Convention includes the possibility provided for by article 1, paragraph 1, of the Royal Decree 364/2005, of 8 April, so that the companies can make the alternative measures set out in the Royal Decree.
ANNEX I model of consultation of the Joint Committee Annex I professional classification
Model to filling for consultations of professional qualification for the Joint Committee the Convention of wholesalers and importers of industrial chemicals, drugstore, perfumeries and annexes sheet 1 functional location: location of the company: professional classification by the (Group) company: professional classification proposed by the representatives of the workers concerned (Group): date: Fdo... (the company): signed... (the / interested/a)
Sheet 2 job description main functions performed in your workplace (for clarity, draw a horizontal line separating each task of the next): daily tasks: periodic or occasional tasks (indicating medium periodicity): blade 3 knowledge necessary for the performance of the function (point x on each concept level required for the position) academic training.
Primary studies. Acquired knowledge in practice.
Title THAT, graduated in THAT or studies equivalent.
Bachelor or equivalent studies.
Title of degree University or, more courses of some complex technical or social.
University degree more master of vocational training.
Title of degree College more Master or doctorate.
Training professional-second grade, more training courses administrative, commercial, etc. Training or careers in the frameworks of training in-house.
No precise language.
Knowledge of a foreign language.
Mastery of a foreign language.
Domain of a language abroad and knowledge of another.
Fluent in two foreign languages.
Experience required for the function.
Up to one month.
Up to three months.
Up to nine months.
Up to eighteen months.
Up to three years.
More than three years.
Sheet 4 initiative and burn autonomy: a) in which sometimes decides on their own?
(b) which sometimes it decides according to fixed standards?
(c) which occasionally ask your boss?
Difficulties: Complexity of work: special skills: environmental conditions: responsibility: responsibility for function or result (liability for faults or errors which may occur in the performance of the function): responsibility for internal or external relations (with other company personnel or external to it).
Command: Designation of the upper post occupies that or that relies on hierarchically.
Designation of the position: jobs or subordinated units.
The number of people.
The number of people.
The number of people.
Tasks which coordinates:
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