Having regard to the text of the Collective Agreement of the Educational Leisure and Sociocultural Animation Sector, (Convention Code: 99100055012011), which was signed on 21 May 2015, on the one hand by FOESC, AEEISSS and ANESOC on behalf of companies in the sector, and from another by FE-CCOO and FSP-UGT on behalf of the employees, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text approved by Royal Decree Legislative 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on registration and deposit of collective labour agreements and agreements,

This Employment General Address resolves:

First.

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

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, 3 July 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

II COLLECTIVE AGREEMENT STATE FRAMEWORK FOR EDUCATIONAL LEISURE AND SOCIOCULTURAL ANIMATION

Determination of the parties: This collective agreement is agreed between the employers ' organization State Federation of Business Organizations of Educational Leisure and Sociocultural Animation (FOESC), the National Association of Enterprises Education, Training and Sociocultural Animation (ANESOC), the Spanish Association of Social Initiative and Social Services Entities (AEEISSS) and trade union organizations, the CCOO Teaching Federation (FE-CCOO) and the Federation of Services UGT (FSP-UGT) public.

CHAPTER 1

General provisions

Article 1. Territorial scope.

This agreement is applicable throughout the territory of the Spanish State, without prejudice to the provisions of the Additional Disposition First concerning the Autonomous Communities, given its normative nature and its general effectiveness in the terms provided for in Title III of the Workers ' Statute shall be binding on all undertakings and workers within their functional, personal and territorial areas during their term of office, without any (a) a sector agreement that is applicable to the same sector. Exception made from explicit exclusions reflected in Article 4.

Article 2. Functional scope.

This convention regulates industrial relations in companies and/or entities, private, dedicated to the provision of educational leisure services and sociocultural animation, aimed at children and youth, adults and adults. older people. The services provided in this agreement consist of activities complementary to formal education with the aim of developing social habits and skills as a way of integrally educating the person, whose activity main understand any of the following activities:

(a) Activities in leisure education, non-formal education activities, on-call and custody in school transport, educational activities in the school, yard, after-school and morning classrooms, reinforcement school, urban camps, ...

b) Sociocultural animation, organization and management of socio-cultural and educational services, both of equipment and of socio-cultural programs, such as those aimed at civic and cultural centers, centers of animation and centers sociocultural older people, sports animation, libraries, reading and meeting rooms, youth equipment, youth information services, ludoteca, free time centers, museums, cultural weeks, exhibitions, workshops, activities for the dynamisation of heritage and, in general, any type of management of equipment, programmes and events of sociocultural and cultural action of education in leisure time, ...

c) House of colonies and children's and youth hostels, camps, environmental interpretation centers, environmental education activities and programs and other equipment, activities similar to previous ones and services Outdoor education in the natural and urban environment.

The relationship made is not understood to be closed, so any other activity that exists or is newly created is considered to be included, provided that its function can be framed in the previous relationship.

The activities of action and social intervention aimed at detecting, alleviating and correcting situations of risk of social exclusion are excluded from the functional scope. Also excluded are those activities of environmental education and interpretation that are not integrated into educational leisure and sociocultural animation programs.

Article 3. Temporary scope.

This convention enters into force from the date of its publication in the "BOE". The period of validity of this agreement is from January 1, 2014 to December 31, 2016, when, if it has not been denounced, it will be understood to be extended year by year, and, if it has been the subject of denunciation by either party. Two months before the expiry date, the negotiations of the following shall be initiated.

The entire article of the agreement will continue to apply from the denunciation of this agreement until the signing of the next.

Article 4. Personal scope.

This agreement will apply to all workers who provide their services in the companies included in the functional and territorial scope of the agreement.

Excluded from the scope of this convention:

(a) The official or labor personnel of the State Administration, the Autonomous and Municipal Administrations.

(b) Professionals who, by reason of their free professional practice, have worked, studies or collaborations with the companies included in the functional scope of the convention and, consequently, maintain a leasing of services with those.

Article 5. Structure of collective bargaining in the sector.

This collective agreement has been negotiated under Article 83 and agreed to the Workers ' Statute, and articulates collective bargaining in the area of educational leisure and sociocultural animation, through the next structure:

(a) A state framework collective agreement, which is directly applicable to companies within the functional scope defined in Article 2 of this Chapter.

b) Territorial collective agreements, whether these are autonomous and/or provincial.

c) Collective agreements of companies.

d) Agreements on concrete matters.

This collective state framework agreement and the agreements and agreements that could be negotiated in the aforementioned areas, maintain between them a relationship of subordination and dependence of the latter with respect to the former, not being able to agree on the agreements or agreements under the collective State Framework Convention, to modify the non-available materials of this, except for the exclusions reflected in the Additional Disposition first.

For these purposes, non-negotiable and unavailable subjects will be considered for lower areas: the trial period, the professional groups, the modalities of recruitment, except for the aspects of adaptation to the scope of the company, the disciplinary regime, minimum standards for occupational health and the provision of geographical mobility, as well as a higher maximum working day set out in this convention, except for the exclusions reflected in the Additional Provision First.

The trade union and business representatives of the present collective agreement express their willingness to make it an effective reference for the regulation of working conditions in the educational and leisure sector. sociocultural animation; to this effect, they agree that companies with collective agreements of companies or group of companies refer to this collective agreement in the matters regulated in it, as well as in quality of the supply. They shall also encourage the accession to the Convention of such conventions by means of agreements concluded within the framework of their respective areas.

As provided for in Article 84 of the Workers ' Statute, in the collective agreements falling under this collective agreement and above that of the business areas, which could be negotiated from the firm of this Convention, trade unions and business associations which fulfil the conditions of legitimation provided for in Articles 87 and 88 of the Staff Regulations may negotiate agreements or agreements on matters governed by the law of the This agreement shall be the subject of a decision obtaining the support of the majorities required for constitute the negotiating body in the relevant negotiating unit. These collective agreements shall be referred to the second collective State framework convention in the fields covered by the Convention, as a supplementary right or in those matters which are qualified as the minimum necessary. They shall establish the collective agreements referred to at this point for the accession or articulation to the second collective agreement of the State framework of those conventions by means of the agreements concluded in the framework of their respective fields.

In the case referred to in the preceding paragraph, they are non-negotiable and unavailable matters for those areas as specified in this Article.

Article 6. Lower scope agreements and agreements.

This agreement recognizes the regulation of agreements, covenants and collective agreements of a lower scope whose validity, application and scope of application will define their connection with the collective agreement between the State and the State with those.

In the autonomous areas of negotiation, the agreements on retributive matters and other matters considered by the parties to be legitimate for this purpose may be reached. In order for these possible agreements to be effective they must be taken by the trade union and employers 'organizations in accordance with the requirements of legitimization provided for in the Workers' Statute.

The business agreements referred to in this Article shall be sent to the Joint Commission of the State Framework Collective Agreement for registration and deposit.

Agreements, pacts or agreements developed by the parties legitimized within the scope of Article 1. of this collective agreement will create own Joint Commissions for the monitoring and resolution of conflicts (a) to be referred to the Commission as an appropriate institution for the attention to the approaches formulated in these consultations, in which case the appropriate consultations should be addressed to the Commission as appropriate institution.

Article 7. Concurrency of conventions.

In accordance with Articles 83.2 and 84 of the Workers ' Statute, the alleged concurrency between the conventions of different areas should be resolved in favour of the application of the provisions of the specified in the specific supra-business collective agreement on the basis of the so-called speciality principle, except as provided for in Article 84 (2) of the ET which specifies ' The regulation of the conditions laid down in a business agreement, group of companies or a plurality of companies, linked for reasons Organisational or productive and nominally identified as referred to in Article 87 (1) of the ET, which may be negotiated at any time during the term of collective agreements at a higher level, shall have priority to apply to the Convention State, regional or lower sector sector in the following areas:

(a) The amount of the basic salary and salary supplements, including those linked to the company's situation and results.

b) Credit or compensation for overtime and specific pay for shift work.

c) Time and distribution of working time, shift work arrangements and annual holiday planning.

d) Adaptation to the business of the professional classification system of workers.

e) The adaptation of the aspects of the procurement modalities that are attributed by this law to company agreements.

f) Measures to promote reconciliation between work, family and personal life.

(g) Those other than the collective agreements and agreements referred to in Article 83.2 of the ET.

The collective agreements and agreements referred to in Article 83.2 of the ET may not have the application priority provided for in this paragraph. "

Article 8. Extra duty.

The rules contained in this agreement will govern relations between companies and their staff. For the purposes of this agreement, the provisions of the Workers ' Statute, the Organic Law on Freedom of Association, the Law on the Prevention of Labor Risks, and other labor provisions of a general nature will be established.

Article 9. Mediation and arbitration.

The negotiating parties to this agreement adhere to the agreement on out-of-court settlement of labour disputes (ASEC), as well as to its implementing regulation which will link all companies and the entire the workers represented, acting in the first instance the Joint Committee of this Convention.

Article 10. "ad personam" rights.

Should be respected as "ad personam" rights, the most advantageous conditions in global computation, recognized in the contracts of employment that were in force at the entry into force of this convention when they compete in the The condition of homogeneity is more beneficial for workers and workers.

The salary gap between the tables agreed in the current agreement and the salaries previously received in this agreement will be added as "ad personam" supplements that are neither compensable nor absorbable. The "ad personam" supplement shall not be applied to the increments agreed upon during the term of this agreement.

Article 11. Guarantee of the most beneficial conditions.

All the conditions set out in this agreement are considered to be minimal, so the covenants, clauses, conditions and situations currently implemented individually or collectively between businessmen and workers who together involve more beneficial conditions than those agreed in this agreement must be fully respected.

CHAPTER 2

Joint Commission

Article 12. Joint Commission.

The negotiating parties to this agreement agree to the creation of the Joint Commission as a body for interpretation, reconciliation and monitoring of their compliance.

The representative organisations which are signatories to this Convention shall agree on the Rules of Procedure of the Joint Committee, which shall consist of members of each of them; they shall elect a Presidency from among them. and a secretary.

The Joint Commission may also use the permanent or occasional services of advisers in all matters falling within its competence.

The specific functions of the Joint Commission are as follows:

(a) Interpret the Convention and resolve the issues or problems that both parties submit to their consideration or in the cases specifically provided for in this text.

b) To intervene in collective conflicts by exercising mediation functions, after hearing from both parties.

c) Watch for compliance with the agreed.

d) Analyze the evolution of the relations between the contracting parties.

The exercise of the above functions should not in any case hinder the respective jurisdiction of the administrative and litigation jurisdictions that provide for the legal provisions.

The domicile of the Joint Commission is established at the headquarters of FOESC, avda. de Córdoba, n. º 21, 28026 Madrid.

The consultations issued to the Joint Commission shall be in accordance with the model attached in Annex 3 to this Convention.

Both parties agree to bring to the attention of the Joint Committee all doubts, discrepancies and conflicts which may exist as a result of the interpretation and application of the Convention, so that the Commission issue an opinion or act in the prescribed regulatory manner.

The agreements will be made by qualified vote and the favorable vote of 50% of each of the representations is required for the approval of agreements. The Joint Committee's agreements will be binding.

The Commission shall meet, on an ordinary basis, once a quarter and, on an extraordinary basis, each time it is requested by any of the trade union or employer organisations which have signed the agreement.

In both cases, the call must be made in writing, at least ten working days in advance, with an indication of the agenda and the date of the meeting, together with the necessary documentation. Only in case of urgency, recognised by both parties, the time limit may be lower.

During the first six months of this agreement the joint committee of the same, undertakes to elaborate a "Catalog of activities of the functional scope of the convention organized by areas and/or activities", which is publish.

CHAPTER 3

The organization of the job

Article 13. Powers and responsibilities.

The organization of the work, subject to the rules of the following article, is the private faculty of the company, through its management bodies, which is responsible for its use with the competent authority, without prejudice to the the right of the legal representatives of the workers.

Article 14. Functional mobility.

Functional mobility is one of the characteristics of the provision of educational leisure and sociocultural animation services.

Functional mobility can only be carried out within the same professional group, fulfilling the qualification requirement and/or accredited work experience.

Exercise the limit for functional mobility, the suitability requirements necessary for the performance of the tasks entrusted to that worker or worker, as well as the respect for their dignity and the remuneration that (i) come from the job prior to the subject of mobility.

When mobility occurs at a higher-pay job, it will be paid in accordance with the latter. The working conditions linked to the use of working time-working time, hours, permits, etc.-will be applied with the criterion of best condition in the previous post, if it were the case, or in the best condition when it is found in the new job position.

For the purposes of this article, it will be understood that the required suitability exists when the capacity for the performance of the new task is detached from the previously realized and the worker or worker has the level of training, professional qualification or accredited professional experience required for the development of the labour supply in the new job.

Workers and workers subject to such mobility will be guaranteed their economic and professional rights.

The company or entity shall notify the legal representation of the workers, if any, of any case of functional mobility prior to its execution. The legal representation of workers, if any, may obtain information on the decisions taken by the management of the undertaking in respect of functional mobility, as well as the justification and cause of the companies are obliged to make it easier.

Article 15. Transfers. Geographical mobility.

The geographical mobility of workers will be governed by the provisions of Article 40 of the Workers ' Statute.

As a general rule, workers will be hired and assigned to perform their duties in a given workplace.

Exceptionally, the undertaking or entity may proceed to the permanent transfer of its workers to different job centres, requiring changes in the usual domicile of the worker or worker concerned, when they are for economic, technical, organisational or production reasons to justify this.

Article 16. Functional mobility by decision of the victim of gender-based violence.

In order to avoid the possibility of meeting your attacker, the victim of gender violence who has recognized this condition and who performs his or her work outside the company's headquarters, will be entitled to (a) to occupy another job, of the same professional group, which the undertaking has vacant in any of its services or the change of the aggressor to another service. In such cases, the undertaking shall be obliged to inform the victim of the vacancies existing at that time or those which may occur in the future.

For the purposes of applying this article, the status of a victim of gender-based violence must be accredited, either by the social services of health care or services, or by other procedures. recognized.

Article 17. Geographical mobility of the victim of gender-based violence.

The victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make effective her protection or her right to comprehensive social assistance, will have the right of preference to another job, of the same professional group, which the undertaking has vacant in any other of its services. In such cases, the undertaking shall be obliged to inform the victim of the vacancies existing at that time or those which may occur in the future. Regardless of the right, if the victim wants to apply for the attacker's geographic mobility.

The transfer or service change will have an initial duration of 6 months, during which the company will have an obligation to reserve the job previously occupied by the victim. After this period, the victim will be able to choose between the return to his previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

For the purposes of applying this article, the status of a victim of gender-based violence must be accredited, either by the social services of health care or services, or by other procedures. recognized.

Article 18. Geographical mobility by family reunification.

If by transfer one of the spouses or couple in fact changes residence, the other, if he is a worker or worker of the same company, will have the right to occupy the vacancies that may occur in the new service to the that has been intended for your spouse or partner in fact whenever you expressly request it and there is a vacancy in the same or similar job as the one you were developing.

CHAPTER 4

Professional classification

Article 19. Classification of staff.

The staff included in the scope of this collective agreement will be integrated into one of the professional groups and with the assignment to a job.

Staff, in accordance with their professional qualifications, experience or accreditation, and the work they do in the workplace or physical space, are classified into one of the following groups and jobs:

Group I. Managing Staff	Manager-Director/
Group II. Management and management personnel.	Head of Department.
	Director Programs and Equipment
	Technician/From Grade.
		Management.
Group III. Direct care personnel in proximity culture equipment and socio-cultural projects.	Animator/a Sociocultural.
	Mediator/a Educational Intercultural.
	Expert/a Workshops.
	Informator/to Youth.
	Informator/a.
		Technician/Specialist.
Group IV. Direct care staff at leisure and educational time.	Coordinator of Activities
	/a Leisure and Time Free.
Group V. Administration Staff.	Administrative Officer.
	Agent Commercial.
	Administrative Auxiliary.
	Receptionist/Telefonista.
Group VI. General services staff.	Cook/a.
	assistant
	/to Maintenance
	/Cleanup.

Article 20. Jobs.

The definitions for the different jobs are as set out in Annex 1, which forms an integral part of this agreement.

The basic functions of the jobs are defined in general. The specific tasks of the jobs will be determined by the National Qualifications Catalogue of the National Institute of Qualifications.

Companies are obliged to make the new hires by complying with this collective agreement from the publication of the contract in the "Official State Gazette", however they do not have the obligation to have all of them provided.

The companies affected by this collective agreement must adapt the old professional categories to the new jobs defined by the services to which they are dedicated.

Companies will recognise the skills acquired through work experience for their accreditation in order to obtain the corresponding certificates of professionalism, in accordance with the established procedure. in the legislation in force.

Article 21. How to operate for the adequacy of professional classification in companies.

The transposition of the professional categories into the jobs established in this collective agreement will be negotiated between the company and the workers ' representatives. In the case of an agreement, it will be agreed. If there is no agreement, the parties shall voluntarily submit to the mediation or arbitration of the Joint Commission.

In Annex II of the Convention, the Table of Equivalences is included. The Joint Committee may also be consulted, at the request of either party, to give its opinion on the transposition of this new professional classification into the enterprise, which will not be of a nature binding, according to the following requirements:

(a) Where the consultation affects more than 10% of the workforce, only after the relevant internal negotiations between the company and the workers ' representatives can be used for the procedure of consultation, the minutes of disagreement should be sent along with the latter, indicating, among other things, the position of the parties in each of the posts questioned and a special reference to the description of the functions on which the there is a discrepancy and its assessment.

(b) Where workers ' representatives do not exist, they may go directly to the Joint Commission, presenting the consultation through any of the trade union organisations that make up the Commission.

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

In order to resolve the proposed mediation, arbitration, or reply to the query, the business and/or trade unions represented in the Joint Commission may examine the characteristics of the activity object of disagreement or query.

After the interpretation of the Joint Commission is known, the management of the company will apply the new professional classification, however the relevant court is still open for any complaint.

The consultations issued to the Joint Commission shall be in accordance with the model attached in Annex 3 to this Convention.

CHAPTER 5

Hiring, trial period, vacancies and staff cessation

Article 22. Indefinite contract.

They will acquire the condition of fixed workers, whatever the modality of their hiring, those who would not have been discharged into the Social Security, after a period of time equal to that which would have been legally may be fixed for the probationary period, except where the nature of the activities or the services contracted is clearly the duration of the period of the trial, without prejudice to the other responsibilities to which it has place in law.

Article 23. Contract of interinity.

Interim staff are hired to replace the staff of the company or entity during their absences, as a result of leave, vacation, temporary incapacity, forced leave or any other cause that forces the company or entity to reserve the place of the worker/absent. The name of the worker/replaced and the cause of the replacement must be specified in the contract.

Article 24. Training contracts.

1. Contract of traineeship.-The contract of work in practice may be concluded with those who are in possession of a university degree or professional training of a medium or higher degree or officially recognised as equivalent qualifications, which enable for the professional exercise, or certificate of professionalism (Organic Law of June 19) within the five, or of the seven years when the contract is designed with a worker with disabilities, following the termination of the corresponding studies, according to the following rules:

(a) The job position must enable the appropriate professional practice to be obtained at the level of studies completed.

(b) The duration of the contract may not be less than six months or exceed two years.

(c) No worker may be engaged in practices in the same or different undertaking for more than two years by virtue of the same degree or certificate of professionalism.

(d) The probationary period may not exceed one month for contracts in practice concluded with workers who are in possession of a medium degree or certificate of professionalism level 1 or 2, not two months for contracts in practice concluded with workers who are in possession of a higher grade degree or a level 3 certificate of professionalism.

(e) The remuneration may not be less than 60 per 100 during the first or 75 per 100 in the second year of the term of the contract, respectively, of the salary fixed in agreement for a worker who performs the same or equivalent job position.

(f) If at the end of the contract the worker continues in the company, a new probationary period cannot be arranged, the duration of the practices to be used in the company.

2. Contract of training.-The contract for training and apprenticeship shall be for the purpose, the professional qualification of workers in a system of alternance of paid employment, in a company with training activity received, in the the framework of the vocational training system for employment or the education system.

(a) Until the unemployment rate in our country is below 15%, contracts for training and learning with workers under the age of 30 will be able to be awarded without the maximum limit of age laid down in the first paragraph of Article 11.2.a) of the Staff Regulations.

The age limit will not be applicable when:

-The contract is designed with persons with disabilities or with the social exclusion groups provided for in Law 44/2007, of December 13, for the regulation of the system of the insertion companies, in the cases in which they are engaged by insertion undertakings which are qualified and active in the relevant administrative register.

-When the contract is designed with unemployed people who are employed as a student-worker to the employment workshop programs or are disabled people.

(b) In the context of the agreements falling under this Convention, the maximum number of contracts to be made, as well as the posts covered by this contract, may be established, depending on the size of the staff.

In addition, collective business agreements can set the maximum number of contracts to be performed based on the size of the template, in the event that a business plan exists.

(c) The minimum duration of the contract shall be six months and the maximum duration of two years. However, by collective agreement, different durations of the contract may be established, depending on the organizational or productive needs of the undertakings, without the minimum duration being less than six months or the maximum of two years, or three years, when the contract is designed with a person with a disability, taking into account the type or degree of disability and the characteristics of the training process to be performed.

In the event that the contract has been concluded for a duration less than the legal or conventionally established maximum, it may be extended by agreement of the parties, up to twice, without the duration of each extension. may be less than six months and without the total duration of the contract exceeding that maximum duration.

(d) The maximum duration of the contract for training and learning is expirated, the worker may not be hired under this mode by the same or different undertaking, unless the training inherent in the new contract has by the purpose of obtaining a different professional qualification.

No contracts may be concluded for training which have as their object the qualification for a job which has previously been carried out by the worker in the same undertaking for a period of more than 12 months.

e) Effective working time, which must be compatible with the time spent on training activities, may not exceed 75%, during the first year, or 85%, during the second year of the day the maximum of the collective agreement or, failing that, the maximum legal day. Workers shall not be able to perform overtime, except in the case provided for in Article 35.3 of the Staff Regulations. They will also not be able to do night work or shift work.

When the worker/a contract for the training has not completed the educational cycles included in the compulsory education, the theoretical training will have for immediate purpose to complete this education.

The theoretical training requirement shall be understood when the worker/accredite, through certification by the competent public administration, has carried out an occupational vocational training course appropriate to the job or job object of contract. In this case, the remuneration of the worker shall be increased in proportion to the time not devoted to theoretical training.

When the worker/contract for the training is a person with a mental disability, the theoretical training may be replaced, in whole or in part, with a report from the multi-professional assessment teams. for the performance of rehabilitation or personal and social adjustment procedures in a psychosocial or sociolaboral rehabilitation centre.

(f) The effective work that the worker/employee provides in the enterprise must be related to the tasks of the occupational level, trade or job object of the contract.

g) At the end of the contract, the employer must provide the worker with a certificate stating the duration of the theoretical training and the level of practical training acquired. The worker may request from the competent public authority that, prior to the necessary tests, he or she is issued with a certificate of professionalism.

(h) The remuneration of the worker/contract for training and learning shall be set in proportion to the working time, in accordance with the provisions of collective agreement, without being able to be less than the salary an interprofessional minimum in proportion to effective working time.

i) The protective action of the Social Security of the worker/contract for the training shall comprise, all contingencies, protective situations and benefits, including unemployment. You will also be entitled to the coverage of the Wage Guarantee Fund.

j) In the event that the worker/a continuance in the company at the end of the contract will be within the meaning of paragraph (f) of this article.

(k) The contract for training shall be presumed to be of a common or ordinary nature where the undertaking or entity completely fails to fulfil its theoretical training obligations.

Article 25. Eventual contract due to circumstances of production.

This type of contract may be concluded when the circumstances of the market, accumulation of tasks or excess of services requested by the customer so require, even in the case of the normal activity of the company. In such cases, the contracts may have a maximum duration of six months, within a period of 12 months, from the date on which such causes occur. The maximum duration of these contracts and the period within which they may be carried out in the light of the seasonal nature of the activity in which those circumstances may be carried out may be modified in the lower-level agreements covered by this Convention. produce.

In such a case, the maximum period within which they may be made shall be eighteen months, not exceeding the duration of the contract by three quarters of the reference period established or, at most, twelve months.

In the event that the contract has been concluded for a duration less than the legal or conventionally established maximum, it may be extended by agreement of the parties, for one only time, without the total duration of the contract may exceed that maximum duration.

In the agreements under this Convention, the activities in which temporary workers may be hired may be determined, as well as the general criteria for the appropriate relationship between the volume of the of this contractual mode and the total company template.

Article 26. Contract of work or service determined.

They have as their object the realization of a specific work or service with autonomy and their own substance within the activity of the company. The contract must specify precisely and clearly the nature of the contract and identify sufficiently the work or task that constitutes its object. The duration of the contract may not exceed four years.

For the purposes of applying the preceding paragraph, the contract of work or service determined shall be identified and shall be valid when the undertakings affected by this agreement enter into agreements with third parties. private of any order as institutions and public administrations of any scope-to provide services to them and to hire workers to carry out activities related to the provision of the services derived from them contracts or agreements.

The identification or assumption of hiring by work and service, as described in the preceding paragraph, is without prejudice to any other application or use of such legally permitted employment contracts.

At the end of this contract, the worker will be entitled to receive the financial compensation corresponding to the current legislation.

It will be possible in lower scopes to determine those other activities where such a contract can also be applied.

Article 27. Hiring discontinuous fixed mode.

The indefinite fixed-discontinuous time contract will be arranged to perform work that has the character of discontinuous fixs-and is not repeated on certain dates, within the normal volume of activity of the company.

When the peculiarities of the activity so warrant, the fixed-discontinuous contracts may be used in the part-time mode, as well as the requirements and specialties for the conversion of temporary contracts in Fixed-discontinuous contracts.

In order to address the needs arising from the fulfillment and execution of contracts signed with the Public Administrations and for any other objective needs, this modality may be used, according to The provisions of Article 15 (8) of the Staff Regulations and other existing rules of application.

In the case of discontinuous work that will be repeated on certain dates, the regulation of the part-time contract concluded for an indefinite period of time will apply to them. The discontinuous fixed workers will be called in the order and the form to be determined in the collective agreements of lower rank, being able the worker/a, in case of non-compliance, to claim in procedure of dismissal before the competent jurisdiction, the time limit for such action being initiated from the time when the competent jurisdiction was aware of the failure to convene. In the event that there is no lower range convention that marks different criteria, as a general criterion the order of call is set according to strict order of age in the job center.

This contract must necessarily be formalized in writing in the model to be established, and in it an indication of the estimated duration of the activity, as well as seniority, must be indicated, guidance, the estimated working day and its hourly distribution.

As not governed by this Article, the provisions of the legislation in force shall be in force at any time.

Article 28. Partial retirement and relief contract.

The special conditions in which workers, including in the field of application of this collective agreement, develop their professional duties will be entitled to the use of this procurement, which shall be regulated in accordance with the provisions of the legislation in force.

Article 29. Fixed condition.

All workers automatically become fixed if, after the deadline set in the contract, they continue to carry out their activities without any new contract or extension of the previous one.

Article 30. Form of contract.

The contract must be formalized in writing, in all cases, and will be limited to what is provided for in the current legislation regarding the control of the procurement.

In all cases, one of the basic copies of the contract must be available for the legal representation of the workers.

Dismissal cases should be communicated to the legal representation of workers, prior to the formalization of workers.

Article 31. Test period.

The staff back in to the company, if there is no pact to the contrary, is submitted to a test period that must be formalized in writing and cannot exceed what the following table indicates:

-Staff in group 1: six months.

-Staff in group 2: two months.

-Staff in groups 3, 4, 5 and 6: one month, except for graduates of a higher grade and a middle grade, which is two months.

During the trial period, the parties may freely terminate the contract without there being more obligation, on the part of the company, than to pay the wages accrued during the period worked.

All contracts must be subject to the current legal provisions.

Article 32. Coverage of vacancies.

In the face of the possibility of filling vacancies, the workers of the same company must be used preferably, whether they are fixed or possible, both for horizontal and vertical provision. This article will be developed in lower-level negotiations.

Article 33. Equality and non-discrimination.

In all aspects of the production process and the provision of services, the company must respect and enforce the principle of equal treatment and must avoid any discrimination based on age, disability, sex, origin (including racial or ethnic), marital status, social status, religion or belief, political ideas, sexual orientation and gender identity, affiliation or not to trade unions and their agreements, relationships with other workers the company and language within the Spanish State. The positive discriminations provided for in the current legislation will be applicable in the field of the enterprise, without prejudice to what has been indicated above.

We must respect the principle of equality, especially of access, training and promotion to all jobs within the company, both for men and women, without any discrimination.

Article 34. Equality Plan.

Companies of more than 250 workers will have an obligation to draw up an Equal Business Plan, and those of less than 250 workers to establish measures to promote equality, agreed with the legal representation of workers. workers. Both the plans and the measures will affect the entire workforce, will have an annual effect and will pursue at least the following objectives:

General objective:

Prevent and eliminate situations of inequality between men and women in the company.

Specific goals:

Balance the number of women and men that make up the company template.

Balancing the female or male presence in those positions or categories where there is less representativeness.

Ensuring equal opportunities in the professional development of women and men.

Favor access to the training of the entire workforce and fundamentally of those who incorporate permits or work suspensions.

Ensure a system of remuneration, for all concepts, that does not generate discrimination on the basis of sex.

Reconcile work time management, by adopting measures that support personal, family, and work life.

Prevention of harassment.

Introduction of the gender perspective in the internal and external communication of the company.

Encourage the reconciliation of family life in the case of men.

The Plan will affect at least the following application scopes:

• Structure of the template.

• Hiring.

• Day and holidays.

• Promotion.

• Training.

• Retribution.

• Reconciliation of work, personal and family life.

• Prevention of sexual harassment and harassment by reason of sex.

• Awareness and communication.

1. A Joint Commission will be set up and will aim to develop the Plan.

2. The Plan should be carried out at certain stages and with a working methodology, which will be as follows:

1. Phase: Analysis. The company will provide the data requested by the Commission of work created for the implementation of the Plan, and will analyse the information provided with a view to being able to have a composition of place regarding the situation that must be the object of study.

2. Phase: Diagnosis. The conclusions of the preliminary analysis will be reached and the priority/concrete fields of action will be determined.

3. Phase: Definition of measures to be taken. The measures to be taken in the different areas to be developed in this Plan will be defined, which must be concrete and measurable.

4. Phase: Application/Execution of Measures. The defined measures will be put in place.

5. Phase: Monitoring and evaluation. The Equality Commission shall be set up to review, on a regular basis, the gender balance in the undertaking, as well as the equal opportunities for men and women, to ensure the implementation of the measures and to analyse those which have been carried out; all in order to assess their outcome and propose new actions. It will also conduct the harassment reporting process.

Article 35. Reservation of places for people with disabilities.

It must comply with the provisions of Law 13/1982, of 7 April, of the social integration of the disabled (LISMI) and its regulations of development, including those as Royal Decree 364/2005, of 8 April ("BOE" of the 20), which regulates alternative compliance with an exceptional nature of the reserve quota in favour of workers with disabilities, the Order of the MTAS of 24 July 2000 ("BOE" of 2 August), and Royal Decree 290/2004 of 20 February ("BOE" of the 21), which regulates labour enclaves as a measure of promoting the work of people with disability.

Article 36. Completion of the employment relationship.

The company or entity, in temporary hiring over 6 months, must prewarn the worker or worker in advance of 15 days in the case of termination of the employment relationship. Failure to comply with this obligation entitles the worker or worker to be compensated with the amount of the 1-day salary for each day of delay, with the limit of the number of days of notice.

Article 37. Voluntary cessation.

The worker or worker who wishes to cease voluntarily in the service to the company or entity is obliged to inform the company or entity in writing, meeting the following notice requirements:

Staff in group 1: Two months.

Staff in group 2: One month.

Staff in groups 3, 4, 5 and 6: Fifteen days (except for graduates of a higher grade and a middle grade, which is one month).

For contracts less than six months: Fifteen days.

Failure by the worker or worker of the obligation to pre-notify the undertaking or entity in advance gives the company or entity the right to disclose the amount of the salary of one day for each day of the liquidation. delay in warning.

Article 38. Right of Subrogation.

In order to promote stability in employment, which is included in the scope of this Convention, affected by the dynamics of the replacement of successful tenderers in contracts, this Article is hereby established, under which the the award of a contract to an institution or undertaking for the management of a centre, service or programme which was previously managed by another entity, will involve the maintenance of employment through the subrogation and the new hiring, in the terms that are developed in this article.

The subrogation for change of ownership in the service contract between the companies affected by this agreement and its clients will be applicable to all workers and workers. All workers with the employment of a given mode of work or service are expressly excluded.

The public administration or contracting entity seeking to award the management of a centre, service or programme by public tender or any other means of award shall reflect in the relevant contract the conditions or document setting out the basis for the award of the contract, the existence of the subrogation provided for in this Article and the listing of the workers concerned, including the economic and labour conditions of the workers and excluding personal data in accordance with the LOPD.

Workers ' legal representatives will be given preference to continue in the same company or entity.

The company or entity that ceases to provide the service must inform the workers, subrogates, about the social reason of the new owner and his address. At the time of the subrogation, the default must be performed and paid by the individual settlement of proportional parts and earned in each of the surrogates.

In the event that the worker or worker has a pending vacation at the time of the change of ownership, the incoming company or entity must allow the worker to enjoy, in accordance with the work schedule and in accordance with the legislation in force.

The outgoing company must pay to the incoming, at the time of the subrogation, the accrued and outstanding holidays of the workers and their contribution.

The new holder has no obligation to subrogate himself in the employment relationship of the worker or worker who has not provided his services to the corresponding center or physical space of work during the last four months. immediately prior to the termination of the previous contract, service or entitlement, unless the service delivery contract entered into by the undertaking or the outgoing entity is less than four months, and in this case the time shall be added lent at the dealership immediately above.

In the event that the worker or worker has been replaced by an interim worker, the new holder or the dealer must be subrogated under the same conditions, that is, once the worker or the worker has been replaced by an interim worker. resolved the causative fact that had given origin to the substitution, the interim cause definitive low in the company.

If in the workplace or physical space of work are provided by workers with fixed contract discontinuous or with contract suspended for legal reason, the four months referred to in the previous paragraph must be the immediately prior to the suspension of their respective contracts.

It is understood as a service time for periods of vacation, temporary incapacity, or contract suspension for legal reasons.

The outgoing company or entity, within ten days of having knowledge of the completion of its service and, in any case, before the service is transferred, must deliver to the incoming company or entity, which will be service charge, a document in which the following data is collected:

-List of workers in temporary disability, legal suspension or leave of absence.

-Existing and subrogated Pacts.

-Day and working hours agreed with each worker or worker, as well as any modification made in the last 6 months, with the justification of this.

-Salary agreed in excess of the agreement, and justification for any changes made in the last 6 months. In any event, the incoming company is not obliged to respect the wage increases that have occurred in the last 6 months, provided that these do not result from the application of the agreement or the agreements signed with the legal representation of workers.

-Labor calendar.

-Certificate from the competent body to be current for payment to Social Security.

The document must be accompanied by the following photocopies:

-Center visitation book.

-Nominations for the last six months.

-Proportional Party Settlement Receipt.

-Photocopy of TC-1 and TC-2 for the last six months.

Both the outgoing and incoming companies will deliver the information indicated in the paragraphs above to the legal representatives of the workers.

Subrogation cannot be produced in case the outgoing company or entity manifestly fails to comply with the above paragraphs. In this case, workers will continue in the outgoing company, which will have to provide them with other jobs.

The outgoing company or entity must inform the new holder of all pending labor matters from official bodies.

The staff to be subrogated, when it is necessary to confront or to supply the information of the outgoing company, must provide the new holder, before proceeding with its subrogation, the necessary documentation to the effect, if the has.

In the event that there is in the affected template unpaid, discovered Social Security or irregularities in wages, generated by the outgoing company or entity or previous ones, the workers must be also subrogated by the new holder, without prejudice to the fact that the liability for such unpaid or uncovered remains of the outgoing undertaking.

In any event, the infringing company or entity must answer for all the damages caused by the non-compliance.

In the event that the outgoing company or entity does not send all the required documentation to the incoming company or entity, generating this economic injury or loss of social improvements to the workers:

-Workers ' legal representatives or, failing that, representative trade unions in the sector, may require the documentary to be provided to the undertaking or the outgoing entity.

-The incoming company or entity must address the modifications that the new documentation will behave.

-The outgoing company or entity must take charge of the economic damage suffered by the subrogated workers.

In the event that the customer unilaterally decides to close or self-manage the service on a provisional or definitive basis, provided that he or she is to pay with his/her own workers, the company or entity that is providing the service shall not assume the staff assigned to that service. However, if the main company subsequently decides to re-outsource the service and does so within one year of the previous decision, the workers in the outgoing company must be subrogated by the incoming, or the The incoming compensation must be paid to the outgoing compensation that the outgoing employee would have had to pay for the termination of the contract of the workers who have not been subrogated.

It shall not be subrogable neither the spouse nor the staff with parentage to the second degree of consanguinity or affinity with the outgoing businessman or who has any executive office in the company or shareholder or partner of the company.

Both the incoming and outgoing business or entity must communicate to the legal representation of the workers the execution of the subrogation at the time it becomes aware, as well as to deliver the entire documentation that is considered appropriate and necessary in relation to the subrogation.

This Article shall be of mandatory application and shall be enforced for undertakings and workers fully or partially in the functional and personal fields of these collective agreements, including all the lower-level agreements, including the autonomous, provincial and company agreements. Also affected by the subrogation are the labor relations that have arisen in administrative contracts, the purpose of which is to be incardinated in the indicated functional and personal areas.

For the purpose of preventing unfair competition which may alter the free competition, it is expressly agreed that the workers who have been incorporated into a new entity under the business subrogation provided for in this In the case of workers in the field of employment, the Commission has been able to take the necessary measures to ensure that the conditions laid down in Article 3 (1) of the Treaty are met. company agreement, for at least a period of 3 years from the date of subrogation, provided that this convention remains in force.

The present regulation of the business subrogation is agreed independently of the application of Article 44 of the Staff Regulations to the assumptions expressly mentioned therein.

CHAPTER 6

Pay Policy

Article 39. Wage structure.

All staff affected by this agreement should receive the corresponding remuneration, in accordance with the following structure and concepts:

Monthly Remuneration of the worker or worker who is fixed according to the group and job to which he belongs and the personal allowances that correspond to him. The remuneration of part-time contract workers shall be proportional to the maximum working day set out in this Convention.

Payrolls must be delivered to workers within a maximum of one month from the date of recruitment, by usual procedure or by telematic systems.

Payment payments must be made in general between the 30th day of the month and the 5th of the month following the month of the month. The interest in arrears of the salary will be ten per cent a year of the due.

Article 40. Mandatory weekly holiday and rest supplement.

Staff who are to provide services on the days of their weekly rest and holidays, set out in their work schedule, will be compensated with a salary supplement for each day of their weekly or festive break established in their work schedule, equivalent to the increase of 40% of the basic salary for each day worked under these conditions, without prejudice to the compensatory rest of those fixed as working in the working calendar of each worker or worker.

If the working day, in a public holiday set in your work schedule or mandatory weekly rest, is less than the ordinary day, this supplement will be paid in proportion to the hours actually worked in the day Mandatory weekly rest or rest.

If the working day exceeds the ordinary time fixed by the agreement, it shall be understood as overtime; without prejudice to any agreements which may be concluded on this supplement of the holiday or the compulsory weekly rest period, and for these assumptions, can be formalized between the company's management and the legal representation of the workers, in accordance with the provisions of Article 1 of this collective agreement.

Workers and workers who, at the time of publication of this agreement in the "BOE", come to receive some amount for this concept, it will be absorbed to the salary supplement regulated in this article; if The worker or the worker will continue to receive it as a personal supplement. In any event, in addition to the payment of this remuneration supplement, the company shall compensate by a day of rest for each day worked in a holiday established in its work schedule or mandatory weekly rest period.

Article 41. Complement of Nocturnity.

workers who carry out hours between 22 hours and 6 hours of the following day shall be charged with the supplement to the Community. These hours will be met by an increase of 15% of the base salary.

To perform the application of night time collection on the corresponding payroll of any month of the year, we will proceed to initially perform the calculation of the value of the ordinary hour for these purposes. For this purpose, the monthly basic salary shall be multiplied by fourteen pages in order to obtain the annual basic salary. This annual base salary is then divided between the number of hours of the maximum working day of the annual working time established in the agreement. After obtaining the ordinary time value, its value is increased by 15%.

The formula to apply is:

Comp. Nocturnity =

Monthly Base Salary × 14	× 0.15 × n. hours worked
Annual Maximum

The present complement fully absorbs the amounts that, at present and by any degree, could come to be perceived by the workers and workers by this or similar concept. However, the best conditions will be maintained by those workers who come to perceive the complement of nocturnity under conditions other than those regulated in this article, provided that they are more favourable to them.

Article 42. Additional responsibility.

It is established in order to remunerate those workers who, with the category of monitor, have 5 monitors or less. In addition, they will be entitled to receive this supplement, those workers who develop tasks that are not their own, either on a timely basis or on an ongoing basis, and which imply an explicit responsibility.

It is only to be perceived during the time that you are taking up a job or developing tasks of the mentioned characteristics, in the amount of 10% of your base salary.

Article 43. Availability add-on.

This supplement pays for the special circumstances and conditions of workers when they hold face-to-face services with 24-hour availability in colony houses, children's and youth shelters, camps and/or other similar equipment. This supplement should be paid in attention to its special irregular distribution of the day, its total hourly availability and the sporadic performance of reservation services that involve its displacement to another work center. Their remuneration must be 10% of the daily base salary for each day accrued from this supplement. The perception of this supplement is incompatible with the mandatory weekly rest and holiday complement and the complement of nocturnity.

Article 44. Remuneration

The salary remuneration for the financial years 2014, 2015 and 2016 shall be published in Annex 4, the salary increases of which correspond to the following percentages and periods:

accrual period	Wage increment with respect to the last published tables - Percent
October 01, 2014 to July 31, 2015	0.5
From 01 August 2015 to 31 December 2015
From 01 January 2016 to 31 December 2016	0.5

Article 45. Salary inimplementation clause.

Those undertakings or entities which, for economic, technical, organizational or production reasons, cannot cope with the conditions agreed in this Convention, must prove, objectively and reliably, the causes for which those conditions endanger the viability of the undertaking or entity.

In order to qualify for this clause in the corresponding year, the company will have to start a period of consultation with the legal representatives of the workers and workers. In the case of the absence of legal representation of workers and workers in the undertaking, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the Staff Regulations. The agreement reached must be notified to the Joint Committee of this Convention.

In case of discrepancies in the negotiation of the agreement, both the company and the legal representation of the workers and the workers or commission appointed in its representation, can request the mediation of the Commission Peer.

The priority condition for this article is to ensure that the current levels of employment in the company are maintained.

Companies must provide documentation of their status to the legal representation of workers and workers in the company, or commission designated in their representation or, if appropriate, to the Joint Commission. of the convention:

a. Last year's balance sheets and results accounts, with the corresponding audits or accounts censorship, and the corporate tax returns that show a negative cash flow as well as the forecast for the current year Similarly negative. In the case of an integrated company in a group of the same activity as the undertaking in question, it is necessary for this data to relate to the consolidated consolidated results of the group.

b. Feasibility plan, with the measures to improve the production, commercial, financial, investment, etc., aimed at overcoming the negative conjuncture and to guarantee the industrial future and the employment of the company.

c. Study of the incidence of wages in the overall structure of the company.

d. Actions that omit these documents or those that are made out of time are left without effect.

For the exercise of its functions, the Joint Commission shall have the following powers and duties:

The technicians appointed by the parties to the Joint Commission will have access to all the necessary documentation to study and verify the application.

In the event that the professional performance of a sworn or similar auditor is required, his or her fees shall be borne by the applicant company.

Members of the Joint Commission and their advisers are obliged to treat and maintain with the maximum reserve the information received and the data to which they have been accessed as a result of their respective duties.

The Joint Commission shall issue a resolution within a maximum of seven days from the date of receipt of the request.

The resolution issued by the Joint Commission in any of its phases cannot be the subject of an appeal by the applicant company and the final decision will be fully enforceable.

The resolution issued by the Joint Commission should provide for the following:

a. The economic increase that will be applied instead of the general that has been agreed, which in any case cannot be less than 1/3 of the agreed upon the collective agreement.

b. The procedure for recovering, in the following years, the wage increases that have been lost in the year of implementation. In any case, the maximum recovery period cannot exceed three years.

c. Except for the agreed wage increase, in a different amount from the general increase of the agreement, this is fully implemented in the company.

d. The same company cannot apply the non-application of the collective agreement two consecutive years, or more than twice in a period of five years.

Article 46. Procedure for substantial modification of working conditions.

In accordance with Article 41 of the Workers ' Statute, where there are proven economic, technical, organisational or production reasons, the undertaking may agree to substantial changes in working conditions. recognized in the contract of employment, in collective agreements or agreements or enjoyed by them by virtue of a unilateral decision of the employer of collective effects, which must follow the procedure laid down in Article 41 of the ET.

Article 47. Extraordinary pagas.

Workers falling within the scope of this Convention should, as a periodic supplement to a maturity of more than one month, receive the amount of 2 extraordinary bonuses, equivalent each to a base salary monthly allowance and the proportional share of the specific allowances on an annual average. They must be effective before 1 July and 23 December.

For computation purposes for the calculation of the extraordinary payments, the period from July 1 to June 30 is set for the summer pay and from January 1 to December 31 for the Christmas pay.

Extraordinary pages may be prorated in 12 monthly instalments, subject to agreement by the parties.

CHAPTER 7

Day, hours, overtime and holidays

Article 48. Workday.

For the year 2014 and following the annual working day will be 1742 hours of maximum working time, of dedication, distributed in weekly days of 38 hours and 30 minutes of maximum working time cash.

It is understood by dedication all that carried out within the working day that is related to its own activity, preparation time, evaluations, programming, direct relationship with users and users and others tasks of a similar nature.

Article 49. Irregular day.

The irregular day will be applied in companies when there is a greater demand for services that cannot be taken care of with the weekly ordinary day. The irregular working day shall in no case exceed the 100-hour use of the annual working time working time.

The irregular distribution of the day will never be able to exceed 50 hours per week as an effective working time, respecting the daily and weekly rest periods. The 50 hours per week are applicable to full-time contracts, the proportionality being applied in part-time contracts.

In consideration for the excess of working hours, in monthly computation, the worker or worker can have an hour of rest for each hour of work. Compensation breaks should be set by common agreement between company and worker or worker and should be enjoyed, unless in these days more activity occurs than the rest of the days of the week.

In any case, when by application of the irregular distribution of the day occurs, in annual computation a difference of hours in favor of the worker or worker that have not been used by the company, these will be for their benefit without being able to be required to do so later.

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

Article 50. Overtime.

Both parties, given the overall employment situation and to encourage policies to encourage new hires, agree to the non-performance of overtime except for situations of force majeure or emergency.

In the event of the need for extraordinary hours, their compensation, as a general and preferential criterion, must be through the granting of breaks or, by mutual agreement between the parties, by means of the remuneration economic, with the equivalent compensation in both cases of 45% increase over the corresponding ordinary hour.

Article 51. Weekly rest.

Weekly rest days should be, preferably, with general criteria, on Saturday and Sunday.

In cases where the activity of the company and/or entity prevents it, and that this rest cannot take place on Saturday and Sunday, it must be possible to enjoy the legally established breaks. Workers affected by this circumstance will, preferably, enjoy one Saturday and one consecutive free Sunday every two weeks.

The business must establish the right working day regime for the staff in accordance with the special circumstances and needs of each workplace.

The benefit of the compensatory breaks provided for in this Article may not be replaced by economic compensation, except in the case of termination of the employment relationship for reasons other than those arising from the duration of the contract.

Article 52. Holidays.

All workers affected by this agreement must enjoy, for each full year of active service, a paid vacation of 30 calendar days.

If the time worked, within each calendar year, is lower than the year, you must be entitled to the days that correspond in proportion.

Holidays should be enjoyed, preferably, in periods of cessation of activity or of lower activity of the companies or workplaces considered individually.

In those companies whose main activity is regulated by the school calendar their workers will, preferably, enjoy at least 50% of their holidays in the summer period.

Staff who cease in the course of the year are entitled to the proportional share of holiday that is due to legal provisions, according to the time worked during this period.

If, before the start of the holiday, the worker or worker is in a situation of IT resulting from an accident at work or a common illness requiring hospitalization, he/she will be able to enjoy the holidays to continuation of the medical discharge or in another period, by common agreement between the parties, even if the relevant calendar year is completed.

In the case of IT arising from pregnancy, childbirth or natural breastfeeding, as in maternity leave, the worker is entitled to a new date of enjoyment of the holiday on a different date from the IT, at the end of the suspension, even if the calendar year to which they correspond, according to Article 38.3 of the Workers ' Statute and the Organic Law 3/2007 of 22 March, of effective equality of women and men, has ended.

Article 53. Special day.

Taking into account the specificity of services such as: colonies, shelters, camps, and activities similar to the previous ones, the possibility of holding special days is established, with special day, the form of irregular distribution of the working day, fixed by common agreement between the undertaking and the worker, without exceeding the maximum day laid down in this Convention.

Article 54. Work schedule.

The company, according to the representation of the workers, will establish the annual calendar for each work center, in which it is contemplated at least, taking into account the maximum days agreed upon in this collective agreement:

a) The distribution of the working day with the limits set forth in this collective agreement.

b) The work schedule.

c) The annual distribution of work days.

d) Holidays.

e) Weekly holidays and breaks, or between days, and other business days.

The work schedule will be agreed annually. The company will draw up the work schedule, regardless of whether workers are legally represented or not and always before the start of the work year.

In the event that no agreement was reached in the elaboration of the labor calendar, it would be the company that would establish the calendar, following criteria of organization of the educational process and respecting, in any case, the rights of workers and workers. In these cases of lack of agreement, the legal representation of the workers in the company or the legal representation of the company may request the intervention of the Joint Commission of the collective agreement to mediate in the solution of the agreement.

The work schedule of the work center will be disseminated by ensuring your knowledge by all staff.

The work schedule will be in accordance with the annual regulations of the Ministry of Labour and Social Affairs of the working days for work, paid and non-recoverable and those established by each Community. Autonomous and corresponding Aymunicipalities, being fourteen days the totality of these.

The working calendar will determine, in its application for each worker and worker, their working days and their breaks, and the working time must be calculated as the hours worked by the worker or worker taking into account the maximum effective working time ceilings provided for in the corresponding articles of this collective agreement.

When in addition to this work schedule, and therefore, in an extraordinary way, a worker or worker works one day from which he or she was initially referred to as a rest period, will be entitled to compensation to enjoy a day of the initially fixed as working on its work schedule and the complement regulated in Article 40 of this Convention.

CHAPTER 8

Vocational training and training

Article 55. General principles. Objectives of the training.

A basic factor for increasing the motivation and integration of workers within the companies and entities covered by this convention is training.

1. In order to promote the professionalisation and permanent improvement of continuing training in enterprises governed by this Convention, the parties consider that the same should be directed to:

a. Promote the personal and professional development of workers.

b. Contribute to economic efficiency by improving the competitiveness of businesses.

c. Adapt to changes motivated by both technological innovation processes and new forms of work organization.

d. Contributing to professional training continues to foster the development and innovation of the activity of companies or entities.

e. Give training priority to the most disadvantaged groups (women, young people, people with disabilities, over 45 years of age, immigrants, unskilled workers, etc.), to facilitate labour integration in the sector.

2. In accordance with Article 23 of the recast text of the Staff Regulations and in order to facilitate their vocational training and promotion, workers affected by this Convention shall be entitled to provide the carrying out studies for the purpose of obtaining officially recognised academic or professional qualifications, the carrying out of vocational training courses organised by the undertakings themselves and entities or other bodies.

3. Companies and entities governed by this convention and the legal representation of workers recognize as a right derived from the employment relationship, that of training and promotion at work.

4. The training and training of the worker or worker (regardless of his or her job) which provides services to the undertakings and entities covered by this Convention and in accordance with the requirements of this Convention, is open, without discrimination of any kind and with the only limitations that may arise from the expected capacity and knowledge to be individually accredited.

5. Training in the undertakings and entities covered by this Convention shall be directed towards the following

:

a) Adaptation to the job position and modifications to it.

b) Acting and updating the professional knowledge required in the category and job.

c) Specialization in its various degrees, in some sector or own matter of work.

d) Facilitate and promote the acquisition by workers of academic and professional qualifications, related to the scope of the present agreement, as well as the extension of the knowledge of the workers to enable them to thrive and aspire to professional promotions and acquire the knowledge of other jobs.

e) Know the working conditions of your job to avoid occupational risks.

f) Promoting equal opportunities for women and men as a tool to promote women's access to jobs where they are less represented.

g) Priorization of training within the working day to promote the reconciliation of family, personal and work life.

(h) Any other object that is professionally beneficial to both the worker or the worker, as well as to the dynamics of the companies and entities regulated by this agreement or to the effective care of the users in question.

6. Training will preferably be given during working hours. In the case of courses which are scheduled outside the working time of the worker or worker, this training time will be compensated by an equivalent rest in the terms to be laid down in the framework of the Joint Committee. Training Sector.

Article 56. Training time.

1. The training time for each worker or worker will be a minimum of 20 hours a year, proportional to the day, and will have the consideration of effective working time. That time shall be understood when, at least, in each undertaking, in terms of average per employee, in proportion to the average working day of the undertaking, an average of 10 hours per year of training would have been achieved; the universality of access to it, as a measure of positive action, will enhance the access of disadvantaged groups by reason of gender, age and professional level.

This training time will be used to carry out training actions of interest to the professional performance entrusted or to be entrusted, as well as the projection of the professional career of the employees.

2. The training time here regulated may be adjusted proportionately in the event of days which will give an annual calculation other than the one established in general.

3. These hours may be accumulated over a period of up to two years in cases where, for organisational or functional purposes, they are not used annually, except for certain cases where, for exceptional reasons, it is necessary extend that period to three years. The accumulation of these hours will be conditional on the duration of the contract, which will have to be higher than the period to be accumulated.

4. In the case of days other than those covered by this Convention, the time spent on training shall be subject to the corresponding adaptations as to the first subparagraph, making them compatible with the functionality of the of the training action.

5. Activities of a compulsory nature do not count for the purpose of the maximum of training activities that may be requested.

Article 57. Sectoral Joint Training Committee.

order to understand how many questions are raised about vocational training in the field of this Convention, a Joint Training Commission has been set up under the current collective agreement ("BOE" of 19). August 2010).

This Commission consists of eight members, four from the social side and four from the employers 'side, all with their respective alternates; keeping the proportionality of the union and employers' representation. They are entitled to form part of the Training Commission the employers ' and trade union organisations which are signatories to this collective agreement.

Operation:

1. The functioning of the Sectoral Training Joint Committee shall be governed by the rules in force.

2. The agreements of the Joint Sectoral Training Commission shall be adopted by an absolute majority of each of the parties, employers and trade union representatives, the negative votes being collected and/or abstentions if any. In order to be able to adopt agreements, more than half of the components for each of the parts represented must be attended by the Commission.

3. As far as the costs of representation and financing of the members of the Commission are concerned, we refer to subsequent agreements.

4. The sectoral Joint Training Committee shall draw up or ratify each year a protocol setting out the criteria for the processing, participation, justification, assistance, etc. of the training actions.

5. Those other functions which are unanimously agreed by the Joint Committee on Training.

The Training Commission, with the capacity to develop its competences in the relevant territorial areas and with the relevant competent bodies, will also assume the following functions:

Set the guiding criteria for the preparation of training plans for this area, priorities of the training initiatives to be undertaken in the sector, guidance on the groups (a) workers who are eligible for training actions and criteria to facilitate the linking of vocational training with the vocational qualification system.

Propose the realization of activities, studies or research of its sector, especially for the detection of training needs; to propose participation in projects within its competence, and to make proposals in relationship with the national system of qualifications and national reference centres corresponding to their scope.

To know and promote vocational training for employment among companies and workers, especially favoring the access of those most vulnerable groups in the face of employment.

To track, assess and support the sectoral training offer provided in the scope of the agreement.

Examine the discrepancies, and in your case mediate, in the event of disagreement of the legal representation of the workers with the formation of the company financed by a system of bonuses or deduction of quota, always that these discrepancies are due to discrimination, to the performance of training actions that do not correspond to the business activity or abuse of law.

Make an annual implementation of the agreements, as well as evaluation of the training actions developed in the sector.

Surveillance of the access to the training of the collectives collected in the art. 55.1 e) of the convention.

Any other that is attributed to you.

the Joint Training Joint Committee shall draw up its own Rules of Procedure.

After the end of the term of this Convention, the Joint Sectoral Training Commission shall continue to be operational in its terms, with the name of the parties to agree, developing the functions and powers conferred on it. in the preceding paragraph, in particular those conferred on it by the regulatory regulation of the continuing vocational training subsystem.

Article 58. Training action in enterprises.

Without prejudice to the provisions of the foregoing Articles and those specific training actions which may be developed, the undertakings, before implementing a training plan, must complete the provided for in Article 64.1, AP. 4. c of the Staff Regulations, concerning the powers of the legal representation of workers in this field.

To this end, it will be taken into account that in an enterprise training plan the following extremes will be contemplated that companies will have to facilitate with character prior to the legal representation of the workers:

1. Objectives and content of the training actions to be developed.

2. Selection and collective criteria affected.

3. Calendar of execution.

4. Pedagogical means and places of delivery of training actions.

5. Estimated cost of training actions.

6. Memory of the training courses taught, once the training actions have been carried out.

In the case of training actions that the companies finance from their credit for continuing training through bonuses in social security contributions, in accordance with the regulations governing such a system The forecasts contained in the same and agreed on the subject matter will apply to these effects.

In special cases, when the size of the company or the complexity of the training actions is made precise, the legal representation of the workers, in order to promote the dialogue in this field, may entrust any of its members with the performance of their own tasks related to vocational training.

In the field of the company, the constitution of a joint commission of training between the management of the company and the legal representation of the workers, with the composition, competences and norms of the company, can be agreed. operation that the parties agree to.

Article 59. Development of training.

1. The training needs of the sectoral Joint Training Committee will be determined by a detailed study, on the basis of which a training plan will be drawn up, which will be carried out annually by the companies, all in the nine months from the date of entry into force of this Convention.

2. This Plan should give priority to the collectives collected in the art. 55.1 e) of the convention.

3. In accordance with Article 23 of the Staff Regulations and in order to facilitate vocational training and promotion at work, workers affected by this Convention shall be entitled to the adjustment. of the ordinary working day for the attendance of vocational training or training courses with the reserve of the job.

Article 60. Individual training permissions.

Workers and workers affected by this Convention may apply for individual training permits in the terms agreed upon in the last National Continuing or Continuing Training Agreement.

Companies or entities will put all means for those who request it to access this training mode.

The training actions, approved by the Joint Training Committee, for which training permits may be requested, should:

a. Not being in the actions funded in the company's training plan.

b. To be directed to the development or adaptation of the technical-professional qualities of the worker and their personal training.

c. To be recognised by an official qualification.

d. Training actions which do not correspond to the training of the person concerned are excluded from the training permit.

Article 61. Funding.

The signatory organizations agree to develop timely negotiations for the financing of projects that consolidate and develop the educational leisure and sociocultural animation sector.

Without prejudice to the foregoing, the application of additional own resources may be established at company level on a complementary basis, depending on their needs and characteristics.

Article 62. Certificate of assistance.

The certificates of assistance and use, as well as the assessments and qualifications obtained in these courses, will be included in the files of those who perform them, and will have relevance in their professional promotion.

Article 63. Selection criteria in course attendance.

Companies or entities along with the representation of workers will develop the objective criteria for the assistance to the training courses of the workers, to this end it will be consideration:

Workers who have participated in training actions, which are mandatory in nature, are designed by the company.

To those others who are either directly involved in the subject matter of the course or who are going to develop them in the near future,

The proportionality of the different jobs that constitute the template of companies or entities,

The age of the enterprise or entity.

Hiring mode, with prevalence of temporary modes.

Give priority to collectives collected in art. 55.1 e) of the convention.

Any criteria that will ensure compliance with the objectives of continuing training.

CHAPTER 9

Permissions and Exceeds

Article 64. Paid leave.

The worker or worker, with the notice and communication of the causative fact, has the right to be absent from the job with the right to pay for the reasons set out in Article 37 of the Workers ' Statute and with the following enhancements:

a) Up to three days in case of birth of a child or child.

b) Up to two days in the event of an accident or serious illness, surgical intervention, hospitalization, surgical intervention without hospitalization requiring home rest or death of relatives up to the second degree of consanguinity or affinity. When for these reasons the worker or worker needs to move, the permit will be four days.

c) The wedding day of a relative to the first degree of consanguinity or affinity.

d) One day for the change of domicile without change of municipality.

e) Fifteen days by marriage or start of life in common for workers, regardless of their sexual orientation and gender identity. Until it is regulated by law it must demonstrate this common-life start, by means of the certified leaf of civil unions of the municipalities that have them or notarial act, provided that it is not noticeable.

f) For the time indispensable for the conduct of prenatal tests and preparation techniques to be performed within the working day.

Article 65. Unpaid leave.

All staff can apply for up to ten days of unpaid leave over the course of a year.

The application and grant of these days of unpaid leave shall comply with the following requirements:

a) The worker or worker will indicate the number of days in which the permit time will be extended.

(b) The worker or worker must submit the permit application to the management of the company at least 15 days before the date of commencement of the permit.

(c) The application for unpaid leave which on grounds of urgent need is requested by the worker or worker without being able to meet the deadlines set out in this Article shall be addressed by the management of the undertaking with extraordinary character.

d) For the time indispensable for the carrying out of official examinations that release matter.

These permissions may never be before or after holidays, or between days considered holidays.

The company in the event that the above requirements are met, will not be able to refuse such permission except in the case of justifying the negative impact of the permit on the proper functioning of the service.

Article 66. Voluntary leave.

Voluntary leave may be granted to the worker or worker with the prior written request; all those who have at least one year of seniority in the company and/or entity may be required and have not enjoyed excess over the previous 4 years.

Voluntary leave of absence should be granted for a period of not less than four months and not more than five years, except for a business-to-worker agreement.

The worker or worker who enjoys voluntary leave will retain the right to re-entry if there is a vacancy in the workplace or category of employment. During this time the age is not computed. The worker or worker shall apply for reinstatement to the job with a minimum period of one month in advance.

Article 67. Forced leave.

You will be entitled to forced leave as a result of the appointment or election for a public office that makes it impossible for you to attend work. The worker or worker shall be required to provide the undertaking and/or entity in writing with a period of notice of one month.

Missing the cause that motivates the surplus, the worker or worker has 30 calendar days to return to his job and, if not, cause a definitive low.

Workers who enjoy a trade union mandate, in accordance with the Workers ' Statute, must be reinstated to the post after 60 days of termination of this period of leave of absence, with notice of thirty days prior to reinstatement.

Enforced leave must be automatically granted upon presentation of the appropriate supporting documentation.

Article 68. Child or child care leave.

The working woman, from the end of the maternity leave, by adoption or enjoyment of the holiday will be entitled, upon request, to enjoy leave of absence with a job reserve and age up to three years to care for each child's care, both when it is by nature and by adoption

Workers shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, either by nature or by adoption or in the case of a child. (a) a permanent and pre-adoptive period, even if they are provisional, from the date of birth or, where appropriate, from the judicial or administrative decision. This excess may be enjoyed in a split form.

However, if two or more workers of the same undertaking generate this right by the same deceased person, the employer or entrepreneur may limit his or her simultaneous exercise for justified reasons of operation. of the company.

Article 69. Leave of absence for family care.

The worker or worker shall have the right to be granted the status of leave to attend to a family member, within the second degree of consanguinity or affinity or partner in fact, who for reasons of age, accident, disease or disability cannot be used by itself. The maximum duration for this cause of excess shall be two years, without the worker or worker being granted the right to receive any remuneration during the period.

Without prejudice to increasing the duration by agreement between the parties.

In such cases it must be requested, in writing, at least thirty days before the date of its commencement, unless for demonstrable reasons, of urgent need, and must receive a written reply from the the centre within the following five days.

During the situation of excess, the vacancy may be covered by another worker or alternate worker and this will cease in his/her role, giving to the end his/her employment relationship at the time of the incorporation of the holder of the position.

The period in which the worker or worker remains in a situation of leave shall be computable for the purposes of seniority and the worker or worker shall be entitled to assistance to vocational training courses, to which participation must be called by the entrepreneur or businesswoman, especially on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

Article 70. Care for minors or family members who cannot fend for themselves.

The staff, who for reasons of keeping are in their care for a period of less than twelve years or a person with physical, mental or sensory disability who does not carry out paid activity and who cannot avail himself, shall be entitled to a daily reduction of the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of the working day. It will have the same right to care for the direct care of a family member until the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself.

The parent, adopter or welcoming of a preadoptive or permanent character, will be entitled to a reduction of the working day, with the proportional reduction of the salary of at least half the duration of the work, for the care, during hospitalization and continued treatment, of the child's child affected by cancer (malignant tumors, melanomas, and carcinomas), or any other serious illness, involving long-term hospital admission and requiring need for their direct, continuous and permanent care, accredited by the Service report Public Health or administrative body of the Autonomous Community concerned and, at most, until the child is 18 years of age.

If two or more workers of the same company generate this right for the same deceased person, the employer or entrepreneur may limit his or her simultaneous exercise for justified reasons of operation of the company. The time-frame of the daily reduction is the worker or worker, who must pre-notify the employer or entrepreneur 15 days in advance of the date to be rejoined to their ordinary day.

From the direction of the company we will try to facilitate the measures conducive to achieving the appropriate balance between the working and personal life, enabling agreements with the legal representation of the workers To save the needs of the service, the working day will be relaxed for those who have children or family members with disabilities or over the age of 65, who cannot avail themselves.

Article 71. Maternity and paternity.

a) Maternity. -In the case of delivery, the suspension will last for sixteen weeks uninterrupted, expandable in case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is undertaking any task, the other parent may make use of the entire or, where appropriate, the portion of the suspension period, computed from the date of delivery, and without the party which the mother may have been able to enjoy before the birth is neglected.

In the case of the child's death, the period of suspension will not be reduced, unless the mother is asked to return to her job after the end of the six-week compulsory rest period.

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

In the event that the mother does not have the right to suspend her professional activity entitled to benefits, in accordance with the rules governing this activity, the other parent will have the right to suspend her employment contract. the period which would have been for the mother, which shall be compatible with the exercise of the right referred to in paragraph (b) below.

In cases of preterm birth and in those who, for any other cause, the newborn must remain hospitalized after delivery, the period of suspension may be computed, at the mother's request, or in the absence thereof, from the other parent, from the date of discharge. Excluded from this calculation are the six weeks after the birth, the mandatory suspension of the mother's contract.

In cases of premature births with a lack of weight, and those other than the neonate, for a period of more than seven days, the period of suspension is longer than seven days, for a period of more than seven days. be extended in as many days as the child is hospitalized, with a maximum of thirteen additional weeks.

In the cases of adoption and acceptance, in accordance with Article 45.1 (d) of the Staff Regulations, the suspension shall be for an uninterrupted period of 16 weeks, which may be extended in the case of adoption or acceptance. multiple in two weeks for each child from the second. Such suspension shall produce its effects at the discretion of the worker, or on the basis of the judgment in which the adoption is constituted, or on the basis of the administrative or judicial decision of a provisional or final acceptance, without any Case the same minor may be entitled to several periods of suspension.

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

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

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

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

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

Workers will benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract, in the cases referred to in this paragraph, as well as as provided for in paragraph (b) below.

b) Fatherhood.-In the case of child birth, adoption or acceptance, in accordance with Article 45.1 (d) of the Staff Regulations, the worker shall be entitled to the suspension of the contract for 13 days uninterrupted, expandable in the course of delivery, adoption or multiple reception in two more days for each child/from the second.

This suspension is independent of the shared enjoyment of maternity rest periods, as provided for in paragraph (a) of this Article.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned, however, where the period of rest provided for in paragraph (a) of this Article is enjoyed in his/her the parent, the right to a paternity suspension may only be exercised by the other.

The worker exercising this right may be made during the period from the end of the child's birth license, or from the judicial decision making the adoption, or from the administrative or judicial decision of the host country, until the termination of the maternity contract or immediately after the termination of this suspension.

The suspension of the contract referred to in this paragraph may be granted on a full-time basis or on a part-time basis, at least 50 per 100, after agreement between the employer and the worker, and determine regulentarily. The worker must inform the employer, in good time, of the exercise of this right.

(c) Risk during pregnancy. -In case of pregnancy, in the event that in the performance of the usual work there is a risk for the worker or the fetus, according to the medical report, the company will take the necessary measures to avoid the exposure of the worker and/or the fetus to such a risk, facilitating the change to another job within their professional category and usual day, returning to their post once the cause of the change ends.

The company's Safety and Health Committee will assess which jobs are considered for pregnant workers as being at risk for their health or that of the fetus.

In the event that the worker is in a position of risk and the company is unable to minimize it or to offer an alternative job which is not contraindicated or is not organized, it may be declared the worker's transition to the situation of suspension of the contract for risk during pregnancy. In this case, the company will supplement the benefits of Social Security up to the full amount of its remuneration from the first day.

Article 72. Breastfeeding.

Workers, men or women, who are breastfeeding for less than nine months, will be entitled to an hour of absence from the job, which may be divided into two half-hour fractions. Similarly, this right may be replaced by a reduction of your working day in an hour for the same purpose, or accumulated in 15 calendar days immediately after the use of maternity leave; this permit may be enjoyed interchangeably by the father or mother in the event that both work. All this in the terms set out in Article 37.4 of the ET.

Breastfeeding permit will increase proportionally in case of delivery or adoption or multiple acceptance.

CHAPTER 10

Diets and offsets

Article 73. Diets and displacements.

1. Diets. -If, for the needs of the service, of extraordinary character, the worker or the worker has to make trips or trips to populations other than those in which they radiate their work center, they will receive a diet of 10 euros when you have a meal and stay at your home, 20 euros when you have to make two meals outside, overnight at your home, and EUR 70 if you also stay outside your home.

2. Displacements.-The company will be responsible for the expenses of the service commissions, corresponding to the determination of the means of transport to be used. When the worker or the worker is required to use his own vehicle for the needs of the company, he shall receive the amount of EUR 0,19 per kilometre travelled.

CHAPTER 11

Labor Code of Conduct

Article 74. Fouls.

Every fault committed by a worker or worker is classified, according to the importance, in:

a) Mild high.

b) Severe high.

c) Very severe high.

Article 75. Minor fouls.

They are minor faults:

1. From two to five faults of punctuality in the attendance at work, without the timely justification, committed in the period of thirty days of service.

2. To stop notifying, within 24 hours of the absence, the reasons that may justify the lack of work, unless it is shown that it is impossible to do so.

3. Negligence in the preservation of the material and facilities which do not cause injury to the undertaking. If they cause economic damage, the fault may be considered to be serious.

4. Missing work for two days in a period of thirty days of service without a justified cause. If the missing person is to be relieved by a partner, the fault will be considered serious.

Article 76. Serious fouls.

Serious faults:

1. From six to ten faults of punctuality in the work attendance, without the timely justification, committed during a period of sixty days of service.

2. Miss more than two days to work for a period of thirty days of service without cause. A single fault is sufficient, when, because of the job that the worker or worker occupies, the non-attendance will cause harm to the care that the subject is required.

3. Reiteration or recidivism in the mild lack within a single trimester, provided that it has been sanctioned and is firm.

4. Serious negligence in the preservation of the material and facilities causing injury to the undertaking. If it causes significant economic injury, the fault can be considered very serious.

Article 77. Very serious fouls.

Very serious faults:

1. More than fifteen non-justified faults in the timeliness of work attendance committed in the one-year period.

2. The unjustified lack of work for three consecutive days or five alternate days, committed within thirty days of service.

3. Notorious negligence and widespread knowledge of non-compliance with work and causing serious harm to the service.

4. The simulation of illness or accident or the development of paid tasks during the IT situation.

5. The usual drunkenness and consumption of any type of drugs or narcotic drugs in working hours.

6. The ill-treatment of word or deed and the lack of respect or consideration, both to the coworkers and to the users and users of the services.

7. If a partner or partner, regardless of their position and/or function, directs towards another conduct of sexual harassment, be it verbal, physical or other intimidation (blackmail, etc.).

8. Reiteration or recidivism in serious misconduct, provided that they are committed within the same quarter and have already been sanctioned.

9. Fraud, disloyalty or breach of trust in the development of tasks or tasks entrusted to them.

Article 78. Penalties.

Given the degree of faults, the maximum penalties that can be imposed are:

For a slight lack: A written statement, pay suspension, and work for up to three days.

For serious misconduct: Suspension of pay and work of four to fifteen days.

For a very serious lack: Suspension of pay and work of sixteen days to sixty days or dismissal.

Any sanction must be communicated in writing to the worker or worker, indicating the date and the fact that motivates it. A copy of the communication must be sent to the legal representation of the workers.

In no case can any of the following causes be caused by any of the following causes:

a) Membership of a union organization.

b) To have the status of representative of the workers and workers or the performance in this quality in which it establishes the legal order.

(c) The filing of complaints or intervention in proceedings against the employer or businesswoman responsible for the undertaking and/or entity for alleged failure to comply with this labour or social security standards.

d) Race, sex, marital status or coexistence in fact, religion, political opinion or social origin, sexual orientation and gender identity, neither pregnancy nor private morality, nor, in general, exercise free of a right recognized in the Constitution.

Article 79. Penalty file for very serious faults.

For a very serious penalty to be considered valid the following formalities must be completed:

1. Written communication to the worker or worker and to the legal representatives of the workers, the beginning of the sanctioning file together with the charge sheets.

2. The worker or worker has five working days to make allegations in order to defend himself.

3. The sanction shall be enforceable from the moment of its notification.

4. The sanctioning file, from which it is initiated until the penalty is notified to the worker or worker, may not be prolonged in more than 45 days, but shall suspend the time limits for the limitation of the absence provided for in the following Article.

Article 80. Prescription of faults.

The prescription of faults will be:

For minor faults: Within ten business days since the company becomes aware of its commission.

For serious faults: Within twenty business days since the company becomes aware of its commission.

For very serious faults: Within sixty business days since the company has knowledge of its commission.

Sanctions, if not effective after timely communication, are cancelled in the following terms from the communication:

In mild faults: One month.

In serious faults: Two months.

In very serious faults: Three months.

If the sanctions are challenged judicially, it is understood that the limitation period for the compliance with the sanction is interrupted.

Article 81. Faults and penalties for employers or entrepreneurs.

Omissions or actions committed by companies and/or entities that are contrary to the provisions of this agreement, and to other labor provisions, are labor violations.

In any case, they are all defined and typified in the Law of Violations and Sanctions in the Social Order.

Article 82. Sexual and moral harassment.

Companies and/or entities and the representation of personnel, if any, should create and maintain a working environment where the dignity and sexual and personal freedom of all working people are respected. preserved from any physical, mental or moral attack.

It is understood by sexual harassment, in the framework of the employment relationship, all the offensive and unwanted conduct by the person assaulted and that determine a situation that affects the working conditions and creates a working environment offensive, hostile, intimidating and humiliating, as well as requests for sexual favors, insinuations and attitudes that associate the improvement of working conditions or the stability in the job to the approval or refusal of such favors.

It is understood by moral harassment, within the framework of the employment relationship, all the conduct of the owner, the commanders or the other workers who, belittling personal dignity, exercise psychological violence in a way that systematic and recurrent, for a long time, on a person or persons in the workplace.

In order to prevent any such attack from occurring, however tiny, the labor or union representation and, especially, the company and/or entity as the ultimate guarantor of occupational health in the centers of job, must:

1. Ensure that risks arising from the organisation of work are also assessed in psychosocial risk assessments.

2. Organize work in a healthy way, by putting in place concrete measures to help:

Foster collective social support among workers, empowering teamwork and communication, actively combating isolation.

Promote autonomy, enhancing participation in decision-making related to methods of work and teaching.

Ensuring respect and fair treatment of people, providing stability in employment and working conditions according to the roles and qualification of the job.

Also ensure equity and equal opportunities in terms of recruitment, salary, internal promotion, etc. among all persons, without distinction of sex, age, race, union membership, sexual orientation and gender identity, ideology, religion and any other personal choice or circumstance.

Promote organizational clarity and transparency, defining the jobs and tasks assigned to each, as well as the roles of each person.

Provide all necessary, adequate and sufficient information for the right individual development of work and for the prevention of occupational risks.

Prevent all forms of violence.

Prevent all forms of manifestation of authoritarianism, sectarianism or dogmatism, by ensuring the maintenance of professorship and the ideary of the company and/or entity.

The management of the company and/or entity must define and make public the business policy of human resources management, which contains a statement of radical rejection of this type of actions. This statement should be included in the company's ideary and/or entity, in the rules of procedure, if any, and users and their families should be involved, incorporating it in the pedagogical line.

Article 83. Protection for victims of gender-based violence.

Victims of gender-based violence will be entitled, in the terms provided for in the Workers ' Statute, to the reduction or rearrangement of their working time (Article 37.7 of the LET), to geographical mobility and to the change of work centre (art. 40.3.bis and 49.1.m of the LET) referred to in Articles 16 and 17 of this Convention; the suspension of the employment relationship with the reserve of work (art. 45.1.n 48.6 of the LET) and the extinction of his employment contract (art. 52.d, and 55.5.b) of the LET.

It will also apply to them all the benefits to this effect provided for in Organic Law 1/2004, of December 28, of measures of comprehensive protection against gender-based violence.

CHAPTER 12

Trade union rights

Article 84. Of all the workers.

No worker or worker can be discriminated against at any time by reason of their union membership, and all workers can expose their opinions in the center.

Every worker or worker can be elector and eligible to occupy union positions as a delegate or delegate, or in a union section, provided that he meets the legal conditions to the effect, with a minimum of three months of age.

Article 85. From the workers ' assembly.

1. It can be made up of the workers of a working centre or of various centres of the company and/or entity.

2. It should be convened by delegates and delegates of staff, by the business committee, by a trade union section or by 30% of the workforce.

3. The assembly may meet in a company premises and/or entity in hours that do not impair the work of the center and/or physical space of work, without the presence of the company and/or entity, which must receive prior communication before forty and eight hours.

4. A mural board for union-type communications should be available.

Article 86. Delegates or delegates of staff and works councils.

Delegates or delegates of staff and works councils as legal representatives of workers in the company:

1. They exercise their functions in all cases recognized by law or provided by the law, and in those cases expressly recognized by this convention.

2. They have the right to communicate freely with all the workers of the company and/or entity and to meet outside the working hours or to have their hours of paid leave, in accordance with the legislation in force, with a warning minimum of 24 hours, in this second case. Between the company and the representation of the workers, the use of the telematic instruments can be agreed, by express pact, so that this communication between the legal representation of the workers and these can be produced through these means.

3. They are entitled to receive information on all matters, projects or decisions of the company and/or entity that may affect their represented, on:

Economic situation of the company and/or entity.

Crisis case projects or template restructuring, extension or reduction, with one month in advance.

Intent on decisions affecting the organization and distribution of work of a collective nature, at least two weeks in advance.

4. The collection of expenses incurred in the performance of trade union functions may also be negotiated in areas below this agreement.

Article 87. From the trade union sections in the company.

Workers affiliated to a union or trade union union may constitute trade union sections within the company and/or entity.

The union sections have all the rights that the law recognizes and those that determine this convention, among which:

1. Free dissemination in the company and/or entity of its publications, notices and opinions.

2. Meeting at the premises of the company and/or entity, under the same conditions as mentioned for the workers ' assembly.

Article 88. From collective bargaining.

For the collective bargaining of the agreement, the legal representatives of the workers who are part of the negotiating commission can use the necessary hours to attend the meetings, advising and subsequently justifying it.

Article 89. Accumulation of trade union hours.

In order to facilitate trade union activity in the company and/or entity and in the autonomous community, the trade unions with the right to be part of the bargaining table of the collective agreement can accumulate the hours of the different members of the works councils and, where appropriate, delegates or delegates of staff of their organisations to those workers, delegates or members of the business committee which the power plants appoint.

In order to make this article effective, the unions must communicate to the employer their desire to accumulate the hours of their delegates or delegates.

Companies and/or entities affected by this agreement must make the wages of those released and/or released under current legislation effective.

Unions have an obligation to communicate to the company and/or entity the name of their released worker or worker, with prior express acceptance of this.

CHAPTER 13

Social enhancements

Article 90. Collection during the IT period.

Where temporary incapacity is the result of a occupational disease or occupational accident, the worker shall, on behalf of the employer, receive the difference from the amount of the allowance to the employer. up to 100% of the monthly remuneration prior to temporary disability leave.

In cases of temporary incapacity for common illness or non-work accident, workers shall have the right to charge from the fourth to the twenty-first day of the discharge of 75% of the month's regulatory basis prior to its discharge.

Article 91. Children with disabilities.

Workers with children with physical and/or mental and/or sensory disabilities, recognized, equal to or greater than 33%, are entitled, with timely notice, to reduced working hours and leave of absence from the job to be able to attend meetings or visits at the special educational or health centres where they receive support. The reduction of working hours will be with the proportional reduction of the salary. Workers with children with physical and/or mental and/or sensory disabilities, equal to or greater than 33%, will have a preference in shifts to reconcile their schedules to the care needs of their children.

They also have the right to time flexibility to be able to reconcile the schedules of special education centers or other centers where the child or daughter with disabilities receives care.

Article 92. Costume and material.

The workers will be provided with the equipment of work items according to the needs of the service they provide, for the replacement of the same will be mandatory the delivery of the damaged material. Each company will also be responsible for providing all the individual security protection equipment necessary for the performance of the work.

Article 93. Liability insurance.

All companies and/or entities have to formalize insurance to ensure the civil liability of all personnel included in this agreement.

This insurance should be automatically extended and must be at least EUR 300,000, except for special regulation, depending on the activity, the law does not impose a higher one.

The policy must provide for free legal assistance to the worker or worker from the beginning of the dispute to the end of the case, in order to be claimed or could be derived from civil liability against the worker. worker or worker for the accident produced.

Article 94. Retirements.

In this respect, it will be established in the current Spanish legislation.

However, companies and/or entities and their workers and workers affected by this collective agreement, by mutual agreement, will be able to process the early retirement systems provided for in the current legislation.

The replacement contract formula is also established, in accordance with the current legislation.

CHAPTER 14

Safety and health care

Article 95. Safety and occupational health. Information to workers and general principles.

The centers, companies, and personnel included in the scope of this agreement undertake to apply the current legal framework, and to comply with the provisions on safety and occupational health contained in the law. 31/1995, of 8 November, of prevention of occupational risks and the regulations that develop it. It will also ensure the quality of service of those specialties of occupational risk prevention and occupational health that are concerted with the Services of prevention of non-occupational risks.

Information to workers:

In order to comply with the duty of protection provided for in Article 18 of the Law on the Prevention of Occupational Risks (LPRL), companies will take appropriate measures to ensure that workers receive all the information required in relation to:

1. The health and safety risks that affect the company as a whole as to each type of job or function.

2. The protection and prevention measures and activities applicable to the risks identified in the previous paragraph.

3. The emergency measures taken in accordance with the provisions of Article 20 of the LPRL.

The information referred to in this article will be provided by the company to workers through its representatives in the field of prevention; however, it should be reported directly to each worker or worker of the specific risks affecting his or her job or function and of the protective and preventive measures applicable to those risks.

Companies, through the management of the various workplaces, undertake to communicate to every worker or worker the preventive measures that should be taken in the event that there is a risk of disease as a result of contact with users of the centre, as well as other information intended to eliminate this risk.

All of these measures will safeguard the right to privacy of all users of business centers.

Article 96. Health surveillance.

1. Health surveillance. -The company will ensure the periodic monitoring of the health of workers through specific medical examinations based on the risks inherent in the work they perform and the work environment in that is developed. These surveys will be carried out in accordance with the protocols established by the Ministry of Health and Social Policy in terms of content and periodicity.

In any case they will be carried out respecting the right to privacy, to the dignity of the person and to the confidentiality of all the information related to their state of health. The undertaking may not be aware of the specific content of the medical tests or of its outcome without the express and feisty consent of the worker or worker, nor shall it be able to use such information for discriminatory purposes to the detriment of the worker or worker.

Medical examinations shall be voluntary, except where, after a report of the Safety and Health Committee, it is essential to assess the health status of the worker or worker to verify whether the health status of the worker health of the same may constitute a danger to themselves, to others, or to other persons related to the company.

Workers who perform work on the night shift in extended periods of more than six months in the same year, may voluntarily and semi-annually apply for a specific recognition to collect a study of your physical and mental situation.

According to the legislation currently in force, health surveillance will be free for the worker or worker, assuming the company the economic cost of any measure related to safety and health at work that derived from the different risk assessments.

Consequence of the above, the realization of the medical examinations will be within the working day, If it is not within the working day, the time spent in it will be compensated, including the time of offset.

2. Risk assessment. -The company will carry out the prevention of occupational risks through the initial assessment of risks and the adoption of all measures necessary for the protection of the safety and health of workers and workers, by setting up an organization and the necessary means in the terms laid down in Chapter IV of the Law on the Prevention of Labor Risks.

These risk assessments of the work centers will be carried out by the higher technicians who are part of the company's own prevention service or in the absence of the foreign prevention service. Risk assessments will be reviewed and consulted with the prevention delegates at each center before being reflected in the Prevention Plan.

3. Occupational diseases. -It is understood by occupational disease to be contracted as a result of the work carried out by an employed person in the activities specified in the table of occupational diseases approved by the provisions of the implementation and development of the General Law on Social Security, which is caused by the action of the elements or substances indicated in that table for each occupational disease. The notification and registration system shall be that established by RD 1299/2006 of 10 November.

The company will pay special attention and analyze in risk assessments the factors of psychosocial and organizational risks, studying and assessing the situations of stress and moral harassment that develop at work. Preventive stress programs will also be implemented.

It will also incorporate knowledge and management of casualties in order to link the cause and the health risks.

The signatory parties, pursuant to Article 22 of the Law on the Prevention of Occupational Risks, in conjunction with Article 116 of the General Law on Social Security, undertake to take an interest in the incorporation, through the corresponding procedure, of new diseases related to the sector of educational leisure and sociocultural animation in the picture of occupational diseases covered by the law, to which they will urge the necessary through the Ministry of Labour and Health.

4. Health protection. -The company shall take the necessary measures to protect the safety and health of workers, including the activities of prevention of occupational risks, information and training.

Preventive measures shall be taken, specifically, to avoid the effects of specific working conditions which may cause damage to the health or physical and/or mental integrity of the worker or worker. The company will ensure adequate ergonomics in the workplace.

The company also commits to:

Designing strategies to integrate the environmental perspective in all educational areas, making curricula more flexible, and programming to encourage the incorporation of environmental education projects and dedicate time sufficient for its realization.

Promote the design and planning of environmental education activities around downtown projects that take environmental needs into account.

Promote and facilitate educational practices that involve real commitments and actions to solve environmental problems.

Seek support and collaboration from other environmental-related instances.

Develop an environmental procurement policy that values the suppliers of raw materials, machinery, etc. that have their environmental management systems certified.

Article 97. Protection of workers particularly sensitive to certain risks.

The company, in accordance with Article 25 of the LPRL, will specifically guarantee the protection of workers, who, by their own personal characteristics or known biological status, are especially sensitive to the possible risks arising from work. To this end, these personal characteristics must be taken into account in the risk assessments, and the necessary preventive and protective measures will be taken into account.

Workers, will not be employed in those jobs where due to their personal characteristics, physical, mental or sensory disabilities duly recognized, they could put in danger or cause damage to themselves, to other workers and workers or to other people related to the company.

Article 98. Self-protection plans.

Staff will adopt the self-protection plans set out in each job center.

1. All work centres should have an updated emergency plan including the evacuation plan, in accordance with R.D. 485/1997 of 14 April on minimum requirements for safety and health signs in the workplace. job.

2. The self-protection plan will be inspired by Royal Decree 393/2007, which approves the Basic Standard of Self-Protection of the centers, establishments and dependencies, dedicated to activities that can give rise to emergency situations: as in the Law of 21 January 1985 on civil protection ("BOE" of 25 January 1985). The Committee on Safety and Health, or failing to do so, will be involved in the preparation, implementation and evaluation of prevention plans and programmes. In addition, and as laid down in the legal provisions listed, there shall be an annual exercise of evacuation drills and shall be reviewed and modified in terms of their effectiveness as well as when any of the places or places of evacuation are changed or altered. job.

3. The deadline of six months, starting with the signing of the agreement, is established to develop the self-protection plan for each working center.

Article 99. Prevention delegates.

Prevention delegates are the representation of workers with specific roles in the prevention of occupational risks.

They will be designated by and among the representation of workers under Article 35 of the Law on the Prevention of Occupational Risks.

The powers and powers of the prevention delegates shall be as defined in Article 36 of the Law on the Prevention of Occupational Risks.

Prevention delegates are entitled to access and copy of all documentation necessary for the exercise of their functions in relation to the Centre's Prevention Plan, as well as the Emergency Plan and evacuation.

Prevention delegates shall receive the allowances corresponding to the travel expenses arising from the performance of their duties, by the undertaking.

Credit prevention: The credit schedule of the delegates and the delegates of prevention will be the one that corresponds to them as the representative of the workers in this specific matter, according to the Article 68 of the Workers ' Statute and Article 37 of the Law 31/1995 on the prevention of occupational risks and, in addition, the time required for the development of all their functions.

Time credit shall not be charged for the time required for the development of the following tasks:

(a) The corresponding to the meetings of the Safety and Health Committee.

(b) The corresponding to meetings convened by the entrepreneur or entrepreneur in the field of risk prevention.

c) The intended to accompany technicians in preventive character assessments.

e) The intended to accompany the Labour and Social Security Inspectorate in the visits to the work centre.

f) The derivative of the visit to the workplace to know the circumstances that have resulted in damage to the health of the workers.

g) The intended for your training.

Training: Training must be facilitated by the company by its own means or by means of a concert with bodies or entities specialised in the field and must be adapted to the evolution of the risks and the appearance of other new.

You will receive at least one 30-hour training for your initial training, regardless of the hours spent on continuing training reflected in this agreement.

Safety and Health Committees: The Committee on Safety and Health is the joint and collegiate body for representation and participation, which is intended for regular consultation on the actions of the workplace in the field of health and safety. prevention of occupational risks.

A Safety and Health Committee will be set up in all businesses and workplaces that have 50 or more workers.

The Committee shall be composed of the prevention delegates, on the one hand, and the employer and/or their representatives in number equal to that of the prevention delegates, on the other.

The Safety and Health Committee will meet bimonthly and whenever you request any of the representations of the Safety and Health Committee.

Meetings may also be convened as a matter of urgency when the importance and/or gravity of the case involves the existence of an imminent risk to the safety and health of workers, facilities or for the environment.

The Health and Safety Committees shall have the powers and powers that are set out in Article 39 of the Law on the Prevention of Occupational Risks.

Article 100. Training in occupational health.

Within the training plans that companies, centers or entities must undertake annually and in accordance with Article 19 of the Law on the Prevention of Occupational Risks, each worker will be taught a sufficient and adequate theoretical and practical training established in the Plan of Prevention in the enterprise, which will be charged to the hours of continuing training established in this collective agreement. This training, as set out in art. 19.2 of the Law on the Prevention of Occupational Risks, it must be provided whenever possible within the working day, or in its absence, in other hours but with the discount on that time spent on it.

Training will be facilitated both at the time of your recruitment, as well as when changes to your functions occur or new technologies are introduced or changes in work equipment that may cause risks for your own worker, for your colleagues or third parties. The training should be focused specifically on your job and be adapted to risk assessment.

Article 101. Sectoral Joint Body for the promotion of health and safety at work between trade unions and employers.

This body will be constituted in accordance with the Spanish Strategy for Safety and Health at Work (2015 -2020) approved by the National Commission on Safety and Health at Work and endorsed by the Council of Ministers on 24 March. April 2015, and in the framework of the actions foreseen in its objectives, it includes, strengthening the role of the social partners and the involvement of the employers and workers in the improvement of safety and health in the job.

This state sector-specific joint body will seek lines of action that will encourage the involvement of employers and workers, and their representatives, in the preventive activities of the company, favoring with this integrated preventive management.

These lines of action must have the dual objective of, on the one hand, promoting compliance with business preventive obligations and, on the other, facilitating the effective exercise of the rights of information, consultation and participation of workers in the prevention of occupational risks, as well as promoting compliance with the obligations of workers in the field of occupational risk prevention and their cooperation with the employer.

To this end, the parties have decided to set up a state sectoral joint body for the promotion of health and safety at work, in the terms and conditions contained in the following articles:

1. It is agreed to set up a specific body for the promotion of health and safety at work, of a joint nature and state in the field of educational leisure and sociocultural animation, which will develop programmes with the objective of disseminate and report on the professional risks in the sector, as well as on the rights and preventive obligations of the employer and the workers, and the promotion of preventive actions.

2. This body will assume all the powers set out in the Spanish Strategy on Safety and Health at Work (2015 -2020) and development provisions, if any, and will carry out how many actions, actions, planning, visits, projects, reports, etc., are accurate, as well as an annual assessment to analyse the preventive effects of the programmes.

3. The organ is called the "Sectoral Joint Body for the Promotion of Health and Safety at Work in the Educational Leisure and Sociocultural Animation Sector".

The functions of the State Sectoral Joint Body are as follows:

a) Disclosure and information of the occupational risks in the educational leisure and sociocultural animation sector, as well as the rights and preventive obligations of the employer and the workers in this subject.

b) Propose the strategy, the action programmes and formulate the plans to be followed for the promotion of health and safety in the sector.

c) Establishing specific training programmes and content in the field of risk prevention of workers in the sector.

d) Elaboration of an annual memory.

e) Annual assessment of the preventive effects of the programmes and actions carried out.

f) Tracking the work accident and drawing up statistics specific to serious and fatal accidents.

g) General organization and control of visits to companies with templates between 6 and 50 workers who lack representation of the workers. The actions or tasks to be carried out should not interfere with the prevention services (own or foreign) or other preventive entities providing support to enterprises.

h) Proposals for solutions to reduce accidents.

(i) to obtain from the Ministry of Labour and Immigration, as well as the Autonomous Governments, official recognition as a sectoral social partner in the field of health and safety, both in its legislative and in the development of plans and training measures.

The headquarters of the Sectoral Joint Authority for the Promotion of Safety and Health in the Sector for Educational Leisure and Sociocultural Animation will be established simultaneously in each of the venues of the signatory organizations.

Composition:

1. The Joint Body is composed of the signatories to this Convention, and must have at least one representative for each of the signatories of the Convention, the number of components of the social part being equal, as of the employers ' party.

2. The first meeting to be held shall include a President and a Secretary from among its members. The posts of President and Secretary shall be rotating, each year, alternately, in a representative of the employer and in a representative of the trade union organizations. If the presidency falls for a year in the employers 'office, the secretariat will be placed on the social side, and on the contrary, when the presidency falls on the social side, the secretariat will rest on the employers' side.

3. The representatives referred to in paragraph 1 of the composition may attend the meetings accompanied by the advisors they consider necessary.

Appointments: The members of the Joint Body shall be appointed by the organizations to whom they represent, on the one hand, the various employers who are signatories to this Convention, and on the other hand, trade union organisations of this Convention.

Its members shall exercise their mandate of representation for a period of four years, and may be re-elected for periods of equal duration, with the exception of the Presidency and the Secretariat, whose term of office shall be 1 year, above (point 2 of the composition).

CHAPTER 15

Provisions

Additional disposition first. Articulation of the negotiation through the recognition of pre-existing collective agreements in their functional areas concurrent with the functional scope of the Second State Framework Convention of Educational and Animating Leisure Sociocultural.

The need for cohesion and organization of the state level of collective bargaining, forced the agreement and recognition of the pre-existing collective agreements to the First State Framework Convention on Educational and Animation Leisure Sociocultural.

This Second Collective Convention of the State Framework of Educational Leisure and Animation Sociocultural articulates and vertebra the future collective bargaining in the sector, respecting the provisions of Articles 83 and 84 of the Statute of the Workers.

Thus are expressly recognized as pre-existing agreements to this Second Collective Convention of the State Framework of Educational Leisure and Sociocultural Animation, those that already were in the First Collective Convention of the State Framework of Leisure Educational and Sociocultural Animation in its concurrent functional areas:

Conveni col.lectiu del sector del Lleure Educatiu i Sociocultural de Catalunya.

Convention Code No. 79002295012003.

Bizkaia territorial collective agreement of the Social Intervention sector.

Convention Code No. 48006185012006.

Collective Agreement for companies in the Alava Hotel Sector.

Convention code No. 01000755011981.

Gipuzkoa Hostelry Collective Agreement of 2008-2010.

Convention code No. 20000705011981.

Collective Agreement for the Bizkaia Hostels Sector.

Convention code No. 48001205011981.

Collective agreement of the contracting companies of the school transport monitoring service and patio caregivers of the Department of Education, Universities and Research of the Basque Government for the years 2004, 2005, 2006, 2007, 2008 and 2009 for school years (until 31 August 2009).

Convention code No. 86002445012005.

Collective Agreement of Collectivities in Direct Management School Dining Rooms under the Department of Education, Universities and Research of the Basque Government for the years 2003, 2004, 2005, 2006 and 2007 for school years (up to 31 August 2008).

Convention code No. 86002235012003.

Collective agreement of the Aragón leisure and leisure sector.

Convention Code No. 72000185012002.

Without prejudice to excluding any other collective agreements that might exist in lower scopes.

Additional provision second. Non-dissemination of personal data.

The dissemination of personal data will be subject to the Organic Law 15/1999, of December 13, of data protection.

Additional provision third. Adaptation to the regulations.

For the duration of this convention, any legislative changes that may occur shall apply.

Additional provision fourth. Technical Table.

In the period of the first three months from the entry into force of this agreement, a Technical Bureau will be created to promote the fulfillment of the agreement, which will be constituted by a representative of the organization that is a signatory of the agreement. with a view to promoting their compliance with undertakings, workers and public administrations, by exercising on behalf and representation of the joint committee and the organisations which make up the joint legal and administrative action which are accurate to that end.

The meetings of this technical table will be quarterly, except for cases of need that require more frequency. An internal regulation shall be established defining the functions and powers of this bureau.

Within the functions that this table has, there is the study and adequacy of the professional categories defined in this agreement, and its adaptation to the National Catalogue of Professional Qualifications. The parties undertake to have such a study completed during the first year of validity of this agreement.

Additional provision fifth.

The Joint Committee on this Convention shall ensure effective implementation of this Convention in all its fields, avoiding any practices to circumvent its compliance, and shall exercise appropriate action to this end, companies, workers and public administrations are subject to the same.

CHAPTER 16

Attachments

ANNEX 1

Professional classification

Group I. Managing staff

It is the staff with direct responsibility and decision-making capacity that affects the company as a whole.

Director//Manager: It is who, at the highest level, assumes global objectives within the company and takes responsibility for them, planning, organizing and directing the whole of the departments and programs, and understanding among its functions the analysis, planning, organization, execution and control of the activities to be performed.

Group II. Management and Management Personnel

It is the staff that you lead by having specific areas of the entity in charge, managing the necessary resources, both in the design, monitoring and project development of the company.

Head of Department: Who, meeting the requirements of training or experience required, is responsible for the direction and coordination of a functional or strategic area of the company.

Director of programs and equipment: It is who, meeting the requirements of training or experience required, performs and manages the educational and sociocultural programs, understanding among its functions both the The development of memories, the management of budgets as the human resources attached to them and the relations with the client with a high degree of autonomy.

Coordinator of pedagogical, leisure and leisure projects: He is the one who supervises the coordinators of the different work centers and the projects of his assigned area, in the pedagogical framework established by the company and/or entity, as well as contact tracing with clients, organize meetings, control and manage the material, and elaborate the memories.

Titled of Degree: It is the one who reuniting the requirement of degree titled, performs complex and impact tasks, develops programs and technical applications of production, services or administration that require specific certification of level, as specified in the administrative rules governing them.

It is required to demonstrate a high level of competence in planning and programming, other people's development and decision-making, in addition to the transversal competences common to the sector.

Technical/Management: It is the one who is responsible for the design and organization of educational, pedagogical, company or entity projects. Depending on it, the various design and implementation functions, being aware of the legislation and the official provisions. It will also be responsible for administrative and management tasks to cover the design and organisation of such projects.

Group III. Direct Care Personnel in Proximity Culture Equipments and Sociocultural Projects

It is the staff who have direct responsibility for the development of the projects and who have direct attention with the users.

Animator/a sociocultural: It is who, gathering the specific training concerned, develops practical aspects of a program or project, exercising its function of dynamization, having an overall view of the environment in which works to enable you to plan, manage and evaluate community development programs within the socio-cultural leisure field.

Educational Intercultural/Mediator: It is who, by bringing together specific and specialized training, exercises functions of planning, management and evaluation in intercultural programs, facilitating communication between different cultures, always within socio-cultural programs.

Expert in Workshops: It is the person who teaches workshops and activities in cultural, sports, educational and educational equipment and is responsible for executing and developing the contents that are entrusted to him by the project in which he/she is marked activity. It carries out educational work, following methodological and pedagogical guidelines of the project. It requires a high and consistent level of training, both on a theoretical and practical level, endorsed by official qualifications or certificates and/or accredited experience.

Informador/a Juvenile: It is who develops their professional activity, in the areas: information, guidance, advice, documentation, dynamization, socio-educational, sociocultural, communication, dissemination, network, training, coordination, in the framework of a project. They may carry out their work in any organisation which provides for the implementation of information programmes, with the support and direction of a higher-level professional, if any.

Informador/a: It is who, being in possession of the required degree, carries out outreach and sociocultural information activities (of civic centers, sociocultural events and any other assimilated specialty).

Technician/Specialist: It is the one who is gathering the necessary training, is hired to fulfill a specific function of his or her degree that can be executed with autonomy, as well as with the knowledge and capabilities necessary for use its own instruments and techniques for the development of the project concerned. They will be able to carry out their work in any organisation that provides for the implementation of programmes of the functional scope of the convention, with support and direction from a higher-level professional.

Group IV. Direct Care Personnel

It is the staff who have direct attention with the users.

Coordinator of activities and projects of the center: It is the person who with the required qualification and/or experience accredited, coordinates the team of educational leisure monitors in the set of their functions in the center of work: organizes meetings with the team of educational leisure monitors, the management of the center, the families of the users; controls and manages the budget and the material; elaborates the memories and ensures the correct coordination between the project teaching of the activity in his office and the pedagogical project of the center, having a presence continued in the same and/or physical space where the activity is developed.

Monitor/to educational leisure and free time: It is the person who, with the academic qualification required by the current legislation and/or experience accredited in the activity, dynamizes the development of educational leisure programs and/or free time, within the pedagogical framework established by the activity in accordance with current legislation, transmitting its knowledge, methods and strategies, aimed at the group and individual development of its components.

This category applies to the staff in the following jobs, among others: matinee classroom monitor, school transport, school dining, programs and projects in the natural environment, activities extracurricular, colony and camp, holiday activities and other similar in the context of educational leisure and sociocultural animation.

Group V. Management Staff

Administrative Officer: Is the person responsible for the administrative tasks and who can assume the management of other workers or administrative assistants.

Commercial Agent: It is the one who is dedicated to the promotion and sale of the educational and sociocultural leisure services of the company, under the supervision of the owner of the company.

Administrative Auxiliary: Is the person who, under the orders of his immediate superior, performs bureaucratic administrative functions.

Receptionist/Telefonista: It is who, during his working day, preferably attends the switchboard and bureaucratic or reception issues.

Group VI. General Services Staff

It is the staff in charge of the services complementary to the educational activity and sociocultural animation.

Chef: It is the manager of the food preparation responsible for its good state and presentation, as well as the pulchiness of the local and kitchen utensils.

Kitchen Assistant: It's who, at the orders of the cook, helps him in his/her duties.

Driver: It is who, provided with the driving licence of the relevant class, is entrusted with the driving of vehicles and the care of their normal operation.

Employee/Maintenance: It is who, with specific experience and/or qualifications required by the current legislation, develops the functions of care, repair and preservation of the elements of the building.

Cleaning Employee: This is the person who performs the cleanup of the allocated zones.

General Services Auxiliary: It is the one who distributes, reproduces and transmits the information and documentation required in the administrative and management tasks, internal and external, as well as carrying out elementary procedures verification of data and documents at the request of higher level technicians effectively, in accordance with established instructions or procedures.

This category would include the post of Portero/a, Celer/a, Trap/a and Controller/a of Salas.

ANNEX 2

Table of equivalences between existing categories and new professional groups and jobs

Titled/to Grade.

	I CC State Framework Educational Leisure and Sociocultural Animation	II CC State Framework Educational Leisure and Sociocultural
Group I. Managing staff.	Director/a-Manager.	Director/a-Manager.
Group II. Management and management staff.	Head of Department.	Head of Department
	Director/a Programs and Equipment.	Director of Programs and Equipment
	Coordinator of Pedagogical Projects, Leisure, and Free Time.	Coordinator of Pedagogical Projects, Educational Leisure and Time Free.
		Degree Titled.
	Sociocultural Management Technician.	Management Technician.
Group III. Direct care personnel in proximity culture equipment and sociocultural projects.	Animator/a Sociocultural.	Animator/a Sociocultural.
		Educational Intercultural Mediator/Mediator.
	Expert/a in Workshops.	Expert/a in Workshops.
		Informator/Youth.
	Technician/Information.	Informator/a.
	Technician/Specialist.
Group IV. Direct care staff at leisure and educational time.	Coordinator of Activities and Projects of Center (Group III).	Coordinator Center Activities and Projects
	Monitor/a Educational Leisure and Free Time (Group III).	Monitor/a Educational Leisure and Free Time.
Group V. Administration staff.	Administrative Management Technician (Group IV).
	Administrative Officer (Group IV).	Administrative Officer/a.
	Commercial Agent (Group IV).	Agent Commercial.
	Administrative Auxiliary (Group IV).	Administrative Auxiliary.
	Receptionist/Telefonista (Group IV).
Group VI. General services staff.	Cook/a (Group V).	Cook/a.
	Kitchen Assistant (Group V).	Kitchen assistant.
	(Group V).	Technician/Maintenance (Group V)
		Maintenance/Maintenance Employee.
	Cleaner/a (Group V).	Employee/to Cleanup.
Portero/a-Celador/a.	General Services Auxiliary.

ANNEX 3

An image appears in the original. See the official and authentic PDF document.

ANNEX 4

Pay tables

Driver/a.

	Year 2014. From October 1 to December 31
	Year 2015. From 1 January to 31 July (I)
	Categories according to II CC State Framework Educational Leisure and Sociocultural Animation	Monthly Salary - €	Annual Gross Salary - €
Group I. Managing Staff.	Manager/Manager.	1.420, 91	19.892.73
Group II. Management and Management staff.	Head/Department of Department.	1.243.30	17.406.14
	Director of programs and equipment.	1.243.30	17.406.14
	Coordinator/a of pedagogical, leisure, and free time projects.	>1.198, 89	16.784.49
	Titled.	1.198,89	16.784.49
	1.198,89		16.784.49
Group III. Direct care personnel in proximity culture equipment and socio-cultural projects.	Technician/Specialist.	1.154.49	16.162.84
	Animator/a Sociocultural.	1.110.09	15.541.20
	Mediator/Intercultural Education.	1.110.09	15.541.20
	Expert/a in Workshops or Tallerist.	1.043, 48	14.608.72
	Informator/to Youth.	1.043.48	14.608.72
	Informator/a.	932.47	13.054.61
Group IV. Direct care staff.	Coordinator/activities and center projects.	1,065.68	14,919.55
	Monitor/to educational leisure and Free Time.	932.47	13.054.61
Group V. Management Staff.	932.47		13.054.61
	Administrative Officer.	932.47	13.054.61
	Administrative Auxiliary.	843.67	11.811.31
843.67		11.811.31
VI. General Services Staff.	Cook/a.	1.110.09	15.541.20
	929.37		13,011.23
		Maintenance.	763.74	10.692, 35
	763.74	10.692.35
	Cleaning Employee.	763.74	10.692.35
	General Services.	763.74	10.692, 35

Titled/to Grade.

Maintenance.

	Year 2015. From 1 August to 31 December (II)
	Categories according to II CC State framework Educational Leisure and Sociocultural Animation	Monthly salary - €	Annual Gross Salary - €
Group I. Managing Staff.	Manager/Manager.	1.428.01	19.992.19
Group II. Management and Management staff.	Head/Department of Department.	1.249.51	17.493.17
	Director of programs and equipment.	1.249.51	17.493.17
	Coordinator/a of pedagogical, leisure, and free time projects.	>1.204, 89	16.868.42
	1.204.89	16.868.42
1.204.89		Centro_table_body " > 16.868, 42
Group III. Direct care personnel in proximity culture facilities and socio-cultural projects.	Technician/Specialist.	1.160.26	16.243.66
	Animator/a Sociocultural.	1.115.64	15,618.91
	Educational Intercultural Mediator.	1.115.64	15,618.91
	Workshops or Tallerist Expert.	1.048, 70	14.681.76
	Informator/to Youth.	1.048.70	14.681.76
	Informator/a.	937.13	13.119.88
Group IV. Direct care staff.	Coordinator/activities and center projects.	1.071.01	14.994, 14
	Monitor/to educational leisure and Free Time.	937.13	13.119, 88
Group V. Management Staff.	937.13		13.119.88
		Administrative Officer.	937.13	13.119.88
	Administrative Auxiliary.	847.88	11.870.37
	847.88		11.870.37
VI. General Services Staff.	Cook/a.	1.115.64	15,618.91
	934.02		13.076.29
	767.56	10.745, 81
		Driver/a.	767.56	10.745.81
/Cleanup.	767.56	10.745.81
General Services	767.56	10.745, 81

Group III. Direct care personnel in proximity culture equipment and socio-cultural projects.

Group VI. General Services Staff.

Maintenance.

	Year 2016. From 1 January to 31 December
	Categories according to II CC State Framework Educational Leisure and Sociocultural Animation	Monthly salary - €	Annual Gross Salary - €
Group I. Managing Staff.	Manager/Manager.	1.435, 15	20.092.15
Group II. Management and Management Personnel.	Head/Department of Department.	1.255.76	17.580.63
	Director of programs and equipment.	1.255.76	17.580.63
	Coordinator/a of pedagogical, leisure, and free time projects.	1.210, 91	16.952.76
	-to-Grade.	1.210.91	16.952.76
	1.210.91		16.952, 76
Technician/Specialist.	1.166.06	16.324.87
Animator/a Sociocultural.	1.121.21	15.697.00
Educational Intercultural Mediator.	1.121.21	15.697.00
Workshops or Tallerist Expert.	1.053, 94	14.755.17
	Informator/to Youth.	1.053.94	14.755.17
Informator/a.	941.82	13,185.48
Group IV. Direct care staff.	Coordinator/activities and center projects.	1.076.37	15.069, 12
	Monitor/to educational leisure and Free Time.	941.82	13.185, 48
Group V. Management Staff.	941.82		13,185.48
	Administrative Officer.	941.82	13.185.48
	Administrative Auxiliary.	852.12	11.929.72
852.12	11.929.72
Cook/a.	1.121.21	15.697.00
938.69		13.141.67
771.40	10.799.54
	Driver/a.	771.40	10.799.54
/Cleanup.	771.40	10.799.54
General Services Auxiliary.	771.40	10.799.54