Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7946
Seen the text of the collective agreement of educational entertainment and socio-cultural sector (code Convention: 99100055012011) that was signed dated May 21, 2015, in part by FOESC, AEEISSS and ANESOC on behalf of the sector, and other companies on FAITH-CCOO and FSP-UGT on behalf of workers, and in accordance with the provisions of article 90 paragraphs 2 and 3 of the law of the Statute of workers , Text consolidated approved by Royal Decree legislative 1 / 1995, of 24 of March, and in the Real Decree 713 / 2010, of 28 of mayo, on registration and deposit of conventions and agreements collective of work, this address General of employment resolves: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Official Gazette».
Madrid, 3 of July of 2015.-the Director General of employment, Xavier Jean Braulio Thibault Aranda.
II CONVENTION COLLECTIVE FRAMEWORK STATE OF LEISURE EDUCATION and ANIMATION socio-CULTURAL determination of parties: this collective agreement pacta the employer organization State Federation of business organizations of educational entertainment and socio-cultural animation (FOESC), the National Association of business education, training and socio-cultural animation (ANESOC), the Spanish Association of entities of Social Entrepreneurship and social services (AEEISSS) and the trade union organizations , the Federation of teaching of CCOO (FE-CCOO) and the Federation of services public of UGT (FSP-UGT).
CHAPTER 1 General provisions article 1. Territorial scope.
This Convention is applicable throughout the territory of the Spanish State, without prejudice in the first additional provision to the autonomous communities, given their nature normative and overall effectiveness in the terms provided for in title III of the Statute of workers their content will force all companies and workers and included within their functional areas personal and territorial during its period of validity, unless obtained by application to the same any other sector agreement. Except for the exclusions explicit reflected in article 4.
Article 2. Scope functional.
This Convention regulates labour relations in enterprises or entities, private, dedicated to the provision of educational entertainment and socio-cultural services, aimed at children, youth, adults and seniors. (The benefits of services regulated in this Convention consist in activities complementary to the education formal with the objective of develop habits and skills social as form of educate integrally to the person, whose activity main understand any of them following activities: to) activities of education in the leisure, activities of education not formal, of guard and custody in period of transport school (, extracurricular educational activities in the school dining room, patio and morning classrooms, school reinforcement, urban camps,... b) sociocultural animation, organization and management of educational and socio-cultural services both of equipment as socio-cultural programmes, such as those aimed to civic and cultural centers, entertainment centers and socio-cultural centers for elderly, sport animation, libraries, reading rooms and meeting, youth equipment (, youth information centres, centres of time services free, museums, cultural weeks, exhibitions, workshops, activities in the dynamization of the heritage and, in general, any type of management of facilities, programs and events of cultural and socio-cultural education in leisure action,... c) homes of colonies and children's and youth hostels, camps, environmental interpretation, activities and programs of environmental education centers and other facilities , comparable activities at the former and educational services to outdoor activities in the natural and urban environment.
Effected relationship means not closed, by what is considered included any other activity that exists or newly created, provided that its function may be framed in the previous list.
Of action and social intervention activities aimed at detecting, alleviate and correct situations of risk of social exclusion are excluded from the functional scope. Also excluded are those activities not integrated in programmes of educational entertainment and socio-cultural education and environmental interpretation.
Article 3. Temporary scope.
The present Convention enters in force from the date of its publication in the «BOE». The term of this agreement is from January 1, 2014 to December 31, 2016, date in which, if it has not been reported, means that it extends year-by-year, and, if it has been subject of complaint from either of the parties two months before the expiration, the next negotiations will begin.
All of the articles of the Convention will continue to force since the denunciation of this Convention until the signing of the next.
Article 4. Personal scope.
This agreement shall apply to all workers and workers who provide their services in the companies included in the functional and territorial scope of the same.
They are excluded from the scope of application of this agreement: to) the personal officer or labour service of the administration of the State, regional and municipal administrations.
(b) professional that, because of their exercise professional free, concluding work, studies or collaborations with them companies included in the field functional of the Convention and, consequently, maintain a relationship of lease of services with those.
Article 5. Structure of collective bargaining in the sector.
The present collective agreement has been negotiated under the auspices of article 83 and matching of the workers ' Statute, and articulated the collective bargaining in the sector of leisure education and socio-cultural animation, through the following structure: to) collective agreement State framework, which is of direct application to companies included within the functional area defined in article 2 of this chapter.
(b) collective agreements territorial, whether these regional or provincial.
(c) conventions collectives of enterprises.
(d) agreements on specific subjects.
This collective agreement State framework and conventions and agreements could be negotiated in the aforementioned areas, among them a relationship of subordination and dependence of the seconds of the first, not being able the agreements or of less than the collective agreement scope frame State to modify the materials not available this, exception made of the exclusions reflected in the first additional provision.
For these purposes materials non-negotiable and unavailable to lower areas will be considered: the period of test, professional groups, the modalities of engagement, except in aspects of adaptation to the level of the undertaking, the disciplinary regime, minimum standards in occupational health and planned on geographic mobility, as well as a higher maximum day established in this Convention , exception made of the exclusions reflected in the available additional first.
Them representations Union and business signatories of the present Convention collective, manifest its will of that the same is reference effective for the regulation of the conditions of work in the sector of leisure educational and animation socio-cultural; for this purpose, agree that the companies with conventions collective of company or group of companies is submit to this Convention collective in them matters regulated in the same, as well as in quality of right supplementary. Stimulate, also, the accession to this of such conventions by pacts that concluded in the framework of their respective areas them cited representations.
As provided for in article 84 of the Statute of workers, collective agreements of scope under this Convention collective and exceeding the levels of company, which could be negotiated starting from the signature of this Convention, trade unions and associations business that meet the Standing requirements provided for in articles 87 and 88 of the Statute of workers can negotiate agreements or agreements on matters governed by this Convention always that decision get the support of majorities required to constitute the Negotiating Committee in the relevant bargaining unit. These collective agreements will be sent to the Second collective Convention State framework matters governed in this, as a supplementary law or qualified right to minimum necessary matters. Establish referral collective agreements at this point articulation to the Second collective Convention or accession state framework of these conventions through pacts that concluded in the framework of their respective fields the above representations.
In the case referred to in the previous paragraph, are non-negotiable and unavailable materials for the aforementioned areas specified in this article.
Article 6. Convention and lower level agreements.
The Convention recognizes the regulation of conventions, agreements and collective agreements of lower scope whose validity, application and areas of application will define its connection with the collective agreement State and this framework with those.
In autonomous areas of negotiation may reached compensation agreements and other matters deemed suitable parties legitimised for this. These possible agreements achieve effectiveness must be taken by Trade Union and employer organizations in conformity with Standing requirements provided for in the Statute of workers.
The agreements of the company referred to in this article must be sent to the Joint Commission of the Convention collective state framework for registration and deposit.
Agreements, covenants or agreements developed by the parties legitimized within the scope of article 1 of this collective agreement shall establish joint committees for follow-up and resolution of conflicts raised by the own field, in which case consultations which they are entitled should be addressed to this Committee as an institution appropriate to attention to the statements made in those consultations.
Article 7. Concurrence of conventions.
In accordance with provisions of articles 83.2 and 84 of the workers ' Statute, the assumptions of competition between different conventions must be resolved in favour of the application of provisions contained in the supraempresarial collective agreement specific to based on the so-called principle of speciality, except as provided in paragraph 2 of the own article 84 of the ET that specifies "the regulation of the conditions laid down in an agreement of company (, group of companies or a plurality of intercompany for organizational or productive, and namely identified reasons referred to in article 87.1 of the ET, which will be negotiated at any time the duration of higher level collective agreements, will have priority application of sectoral Convention State, autonomic or lower in the subject field: to) the amount of base salary and salary supplements , including those linked to the situation and results of the company.
b) manure or overtime compensation and retribution specifies the working shift.
(c) the timetable and the distribution of working time, the regime of work shifts and annual vacation planning.
(d) the adaptation to the level of the undertaking of the workers professional qualification system.
(e) the adaptation of those aspects of them modalities of recruitment that is attributed by the present law to them conventions of company.
(f) measures to facilitate the reconciliation between work, family and personal life.
(g) those others that have agreements and collective agreements referred to in article 83.2 of the ET.
«Them agreements and conventions collective that is concerns the article 83.2 of the ET not may have of the priority application planned in this paragraph.»
Article 8. Suppletive law.
The rules contained in this agreement will regulate relations between companies and their staff. For it not intended in this Convention is will be to it established in the Statute of the workers, law organic of freedom Union, law of prevention of risks labour and others provisions labour of character general.
Article 9. Mediation and arbitration.
Them parts negotiating of the present Convention is adhere to the agreement on solution extrajudicial of conflicts labor (ASEC), as well as to its regulation of application that linked to it all of them companies and to the whole of them workers and workers represented, acting in first instance the Commission joint of this Convention.
Article 10. Rights 'ad personam'.
They must be respected as rights 'ad personam', the most advantageous conditions in global computing, recognized employment contracts that were in force at the entry into force of this Convention when concurring in the condition of homogeneity, are most beneficial to workers.
The wage difference between tables agreed in the current Convention and the wages received previously to this Convention, shall be as plug-ins 'ad personam' not compensated or absorbable. The add-in 'ad personam' not be charged increases agreed upon during the term of this agreement.
Article 11. Guarantee of the most beneficial conditions.
All them conditions that sets this Convention have the consideration of minimum, by what those pacts, them clauses, them conditions and them situations current implanted individually or collectively between entrepreneurs and workers that in joint involve conditions more beneficial that them agreed in this Convention must respect is entirely.
CHAPTER 2 Joint Commission article 12. Commission joint.
The negotiating parties of this Convention agree to the creation of the Joint Commission as the Agency interpretation, reconciliation and monitoring compliance.
Representative organizations signatories of the Convention, agreed the regulation operating of the Joint Commission, while this constituted by members of each of them; among them they will elect a Chair and a Secretary.
In addition, the Joint Commission can use permanent or occasional services of advisers on all matters falling within its competence.
(Them functions specific of the Commission joint are the following: to) interpret the Convention and resolve them issues or them problems that both parts subject to its consideration or in them cases that provides specifically this text.
(b) intervene in the conflicts collective exercising the functions of mediation, prior audience of both parties.
(c) monitor the compliance of what has been agreed.
(d) analyze the evolution of the relations between the parties contracting.
He exercise of them functions previous not should hinder in any case the competition respective of them jurisdictions administrative and contentious that envisage them provisions legal.
The home of the Joint Commission is established at the headquarters of FOESC, Avda. Córdoba, no. 21, 28026 Madrid.
Queries issued to the Joint Commission, shall conform to the model attached in annex 3 of this agreement.
Both parties agree to inform the Joint Commission's doubts, disagreements and conflicts that may exist as a result of the interpretation and the application of the Convention, the Commission to give an opinion or act intended as intended.
Agreements shall be taken by qualified voting and the vote of 50% of each of the representations is required for approval of agreements. The agreements of the Joint Commission shall be binding.
The Commission shall meet on a regular basis, once the quarter and, on an extraordinary basis, every time that prompted one of the signatory trade unions or employer organizations Convention.
In both cases, the call must be in writing, at least 10 working days with an indication of the order of the day and the date of the meeting, along with the necessary documentation. Only in case of emergency, recognized by both parties, the time limit may be lower.
During the first six months of the entry into force of this agreement the Joint Committee thereof, commits to prepare a "catalogue of activities of the functional scope of the Convention organized by areas or activities', to be published.
CHAPTER 3 article 13 work organization. Powers and responsibilities.
The Organization of work, subject to the rules of the following article, is private school of the company, through its managing bodies, which is responsible for your use with the competent authority, without prejudice to the right of the legal representatives of workers.
Article 14. Functional mobility.
Functional mobility is one of the characteristics of the provision of educational leisure and socio-cultural animation.
Functional mobility may only be performed within the same professional group, meeting the requirement of title and accredited work experience.
They shall exercise limit for functional mobility, fitness requirements for the performance of the tasks entrusted to the worker or worker, as well as respect for their dignity and pay came receiving on the job prior to the object of mobility.
When mobility occurs to a better paid job you shall be paid in accordance with the latter. Working conditions related to the use of work - day, schedule, permissions - time shall apply with the criterion of best condition in the previous position, if it were the case, or in the best condition when it is in the new job.
To them effects of this article, is means that exists the fitness required when the capacity for the performance of the new task is peel of it previously made and the worker or working have the level of training, qualification professional or experience professional accredited required for the development of the provision labor in the new since of work.
To the workers and working object of such mobility them will be guaranteed their rights economic and professional.
The company or entity shall notify the legal representation of workers, if any, any case of functional mobility prior to its execution. The representation legal of them workers and workers, if them has, may collect information about them decisions taken by the address of the company in matter of mobility functional, as well as of the justification and cause of them same, being forced them companies to facilitate it.
Article 15. Transfers. Mobility geographical.
The geographical mobility of workers shall be governed by the provisions of article 40 of the Statute of workers.
As a general rule workers will be hired and assigned to perform its functions in a particular workplace.
Exceptionally, the company or entity may proceed to the transfer permanent of their workers and workers to centers of work different, that require changes of address usual of the worker or worker affected / to, when are reasons economic, technical, organizational or of production that it justify.
Article 16. Functional mobility by decision of the victim of gender violence.
In order to avoid the possibility of being with her attacker, the victim of gender violence that have recognized this condition and make their labor provision outside the registered office of the company, will have preferential right to occupy other post, in the same professional group, that the company has a vacancy in any of its services or the change of the aggressor to another service. In such cases, the company shall be obliged to inform the victim vacancies at this time or that may occur in the future.
For the purposes of this article the condition of victims of gender-based violence must be accredited, social care services or health services, well judicially or by other recognized procedures.
Article 17. Geographical mobility of the victim of gender violence.
The victim of gender violence that forced to abandon job in the town which had been providing its services, to enforce your protection or his right to comprehensive social assistance, will have preferential right to occupy other post, in the same professional group, that the company has a vacancy in any other of its services. In such alleged, the company will be obliged to communicate to the victim them vacancies existing in said time or which is could produce in the future. Aside from the right, if the victim si la victima lo desea you want you can request the geographical mobility of the aggressor.
The transfer or the change of service will have a duration initial of 6 months, during which the company will have the obligation of book the since of work that previously occupied the victim. After this period, the victim may choose to return to their previous job or continuity in the new. In the latter case, will decay the aforementioned obligation to reserve.
For the purposes of this article the condition of victims of gender-based violence must be accredited, social care services or health services, well judicially or by other recognized procedures.
Article 18. Mobility geographic by regrouping family.
If by moving one of the spouses or partners in fact change residence, the other, if worker or worker of the same company, you will have preferential right to fill the vacancies that may arise in the new service he intended spouse or couple in fact whenever thus expressly requests it and there is vacancy in same or similar job to which come developing.
CHAPTER 4 professional classification article 19. Classification of the staff.
The staff included in the scope of this collective agreement shall be integrated within any of the professional groups and with the assignment to a job.
The staff, in accordance with their qualification, experience or professional accreditation and the work being done in the Centre or physical workspace, is classified in one of the groups and following jobs: group I. managers Managing - Director/a group II. Personal management and of management.
Head of Department.
Director for programs and equipment.
Coordinator for educational projects, hobbies and leisure.
Entitled / grade a.
Technician in management.
Group III. Direct staff in facilities of culture of proximity and socio-cultural projects.
Mediator to Intercultural education.
Expert at workshops.
Informant to youth.
Group IV. Personal's attention directly in the Leisure and time free education.
Coordinator / to's activities.
Monitor / to of leisure and time free.
Group V. staff of administration.
Group VI. General Service staff.
A employee of maintenance.
A employee of cleaning.
General Service Assistant.
Article 20. Jobs.
Definitions for the different jobs are those listed in annex 1, which forms an integral part of this agreement.
Define the basic functions of workplaces in General. Job-specific features will be determined by the national catalogue of qualifications of the national qualifications Institute.
Companies are forced to make new hires following as provided in this collective agreement following the publication in the «Official Gazette», however not involve the obligation of having provided all of them.
The companies affected by this Convention collective must adapt them ancient categories professional to them new positions of work defined by them services to which is engaged.
Them companies will recognize them skills acquired through the experience labor for its accreditation of face to the obtaining of them corresponding certified of professionalism, of conformity with the procedure established in the legislation existing.
Article 21. Mode of operate for the adaptation of the classification professional in the companies.
The transposition of the categories professional to them positions of work established in this Convention collective is will proceed to negotiate between the company and them representatives of them workers and workers. In the course of having agreement, is will be to it agreed. Of not have agreement, the parties is subject, voluntarily, to the mediation or arbitration of the Commission joint.
In the annex II of the Convention, it includes the table of equivalences. Also will be available, at the request of either party, the Joint Commission issue the corresponding opinion on designated transposition of this new professional classification in the company, which will not be binding, in accordance with the following requirements: to) when the query affects more than 10% of the workforce in active, only after the corresponding internal negotiation between company and representatives of the workers can go to the consultation procedure Act of disagreement showing, among other issues, the position of the parties in each of the disputed positions and special reference to the description of functions on which there is discrepancy and its valuation must be sent along with this last.
(b) where there are no representatives of workers, these can go directly to the Joint Commission, presenting the inquiry through any of the trade union organizations that compose it.
(c) in the case of individual query or that they do not affect more than 10 per 100 active template, must register before the Joint Committee that, prior to the consultation, has been presented by the worker or workers concerned the corresponding claim to the address of the company, directly or through representatives of workers. This requirement will be equally enforceable in the case referred to in subparagraph (b)) above.
To resolve the proposed mediation, arbitration, or respond to the query made, business or trade union organizations represented on the Joint Committee may examine characteristics of the object of disagreement or consultation activity in the enterprise in question.
After meeting the Joint Commission's interpretation, the direction of the company apply the new classification professional, being however open the relevant courts for any claims.
Queries issued to the Joint Commission, shall conform to the model attached in annex 3 of this agreement.
CHAPTER 5 hiring, probationary period, vacancies and dismissal of personnel article 22. Contract indefinitely.
Will acquire the condition of workers fixed, any that has been the mode of its recruitment, which not had been given of high in it security Social, a time elapsed a term equal to which legally had could set for the period of test, unless of it own nature of them activities or of them services contracted is deduct clearly it duration temporary of them same all this without prejudice to the other responsibilities to any place in law.
Article 23. Interim contract.
He personal interim is the hired for replace the personal of the company or entity during their absences, as consequence of permissions, holiday, inability temporary, leave forced or any another cause that obligate to the company or entity to book the plaza of the / it worker / to absent. The name must be specified in the contract of the / the worker substituted and the cause of the replacement.
Article 24. Training contracts.
1 contract practices. - work practices in contract may enter into with those who are in possession of college degree or vocational training of middle or superior degree or degrees officially recognized as equivalent, that enable for professional practice, certificate of professionalism (organic law 5/2002 of 19 June) within five or seven years when the contract is concluded with a worker with disabilities (following the completion of the relevant studies, in accordance with the following rules: to) work should allow the obtaining of professional practice adequate to the level of education.
(b) the duration of the contract not may be lower to six months nor exceed of two years.
(c) no worker/a may be hired in practices in the same or different company for more than two years under the same degree or professional certificate.
(d) the trial period may not exceed one month for contracts concluded with workers who are in possession of degree medium or certificate of professionalism of level 1 or 2, or to two months for contracts in practice with workers who are in possession of the title of top grade or certificate of professionalism of level 3 practices.
(e) the remuneration may not be less to 60 by 100 during the first or the 75 by 100 in the second year of the contract, respectively, of the salary set at Convention for a worker who performs the same or an equivalent job.
(f) if to the term of the contract the / it worker continue in it company not may arrange is a new period of test, computing is the duration of the practices to effect of antiquity in the company.
2 contract formation - the contract for training and learning will be intended, the professional qualifications of workers in a system of alternation of paid work activity, in a company with training activity has been received, within the framework of the system of vocational training for employment or educational system.
((a) until the unemployment rate in our country is below 15 percent contracts for training and learning may be made with workers under 30 years of age without the application of the maximum age limit established in paragraph first of article 11.2. a) of the Statute of workers.
The maximum age limit shall not apply when:-the contract is concluded with persons with disabilities or groups in a situation of social exclusion foreseen in law 44/2007, of December 13th, for the regulation of the system of the enterprises of insertion, in cases that are hired by insertion companies that are qualified and active in the corresponding administrative register.
-When the contract is concluded with unemployed that is incorporated as student-workers to them programs of workshops of employment or is concerned of people with disability.
(b) in the field below this Convention conventions can be established, depending on the size of the template, the maximum number of contracts to carry out, as well as the jobs of this contract.
In addition, company collective agreements may establish the maximum number of contracts to perform depending on the size of the template, on the assumption that there will be a training plan from company.
(c) the duration minimum of the contract will be for six months and the maximum of two years. However, by means of collective agreement may set different durations of contract, according to needs, organizational or production companies, without that minimum can be less than six months the maximum two years, or three years, when the contract is concluded with a person with disabilities, taking into account the type or degree of disability and the characteristics of the training process to make.
If the contract is had concerted by a duration lower to the maximum legal or conventionally established, may extend is through agreement of them parts, until by two times, without the duration of each extension can be lower to six months and without the duration total of the contract can exceed of such duration maximum.
(d) expired on the maximum duration of the contract for training and learning, worker/a not may be hired under this modality by the same or different company, except that inherent in the new contract training aims at obtaining different professional qualification.
Contracts for the training that relate to the qualification for a job that has been performed previously by the worker in the same company for more than 12 months time may not be held.
(e) the time of effective work, which shall be compatible with the time devoted to training activities, may not exceed to 75 per cent, during the first year, or 85 per cent, during the second year, of the maximum day provided for in the collective agreement or, failing that, to the maximum legal working. Workers may not work overtime, except in the case provided for in article 35.3 of the Statute of workers. They may not perform night work or shift work.
When the / worker/a hired for training has not finished the educational cycles included in compulsory schooling, the theoretical training will immediate aim at completing such education.
Theoretical training requirement shall be fulfilled when the / the worker to prove, through certification of the competent public administration, who has completed a course of occupational vocational training appropriate to the office or workstation object of contract. In this case, the remuneration of the worker will increase proportionally to the time not devoted to theoretical training.
When the / the hired for training workers to be a person with mental disability, theoretical training may be replaced wholly or partly prior report of valuation multiprofessional teams corresponding, for the realization of procedures of rehabilitation or setting personal and social in a psychosocial centre of social rehabilitation.
(f) the effective work that the / the worker to the company must be related to the tasks of the occupational level, occupation or job object of the contract.
(g) at the end of the contract, the employer due to the worker a certificate stating the duration of the theoretical training and gained practical training level. The / worker/a request of the competent public administration, prior tests required, issue you the corresponding certificate of professionalism.
(h) the remuneration of the / worker/a hired for training and learning, will be in proportion to the time of effective, pursuant to collective agreement, without that it may be less than the national minimum wage in proportion to the effective working time.
(i) the protective action of Social security of the / worker/a contracted training shall include all contingencies, yielded situations and benefits, including unemployment. Also be entitled to coverage of the wage guarantee fund.
((j) in the course of that the / the worker / to continue in the company to the term of the contract is will be to it established in the paragraph f), of this article.
(k) the contract for the training shall be presumed common or ordinary character when the company or entity fails to comply with all their obligations in the field of theoretical training.
Article 25. Contract possible by circumstances of the production.
You may celebrate this type of contract when the circumstances of the market, accumulation of tasks or excess of services requested by the client so require, whilst being the normal activity of the company. In such cases, the contracts may have a maximum duration of six months, within a period of twelve months, counting from the moment in which such reasons occur. In the conventions of less than this Convention area, you can modify the maximum duration of these contracts and the period within which can be carried out in response to the seasonal nature of the activity in which such circumstances may occur.
In such case, the maximum period within which may be will be eighteen months, and may not exceed the duration of the contract three-quarters of the reference period established or, a maximum of twelve months.
Where the contract had concluded for a duration less than the maximum legally or conventionally established, it may be extended by agreement of the parties, by only once, while the total duration of the contract does not exceed the maximum duration.
Activities that can hire temporary workers, as well as establishing general criteria relating to the proper relationship between the volume of this contractual modality and the total staff of the company may be determined in agreements of less than this Convention area.
Article 26. Contract of work or service given.
They are designed to the realization of a work or service determined with autonomy and own substantivity within the activity of the company. The contract must specify with clarity and precision the nature of procurement and identify enough work or task that constitutes its object. The duration of the contract not may be superior to them four years.
For the purposes of application of the preceding paragraph, the contract of employment by work or particular service is identified and shall be valid where the undertakings affected by this agreement, enter into agreements with third parties - both private companies of any order as institutions and public administrations of any field - to serve them and hire workers to carry out activities related to the provision of the services resulting from such contracts or agreements.
The identification or so-called of recruitment by work and service, described in the paragraph previous, is understands without prejudice of any other application or use of this mode of recruitment labor allowed legally.
Upon termination of this agreement the / worker/a is entitled to receive the financial compensation that corresponds according to the legislation in force.
Is may be in areas lower determine those other activities in which also can apply is said contract.
Article 27. Hiring fixed discontinuous mode.
The contract for an indefinite time of permanent-intermittent arrange for jobs which have the character of permanent-intermittent and do not recur on certain dates, within the normal scope of activity of the company.
When the peculiarities of the activity so it justify, is may use them contracts permanent-intermittent in the mode of time partial, as well as them requirements and specialties for the conversion of contracts temporary in contracts of permanent-intermittent.
Likewise, to meet the needs arising from the compliance and enforcement of contracts concluded with public administrations and any other needs objective, you can use this modality, as foreseen in the 15.8 of the workers ' Statute and other regulations in force application.
In cases of discontinuous jobs that are repeated in certain dates will be application regulation of the part-time contract concluded for an indefinite time. Them / them workers / as fixed discontinuous will be called in the order and the form that is determine in them conventions collective of range lower, can the / it worker / to, in case of breach, claim in procedure of dismissal before the jurisdiction competent, starting is the term for this from the moment in that had knowledge of the lack of call. In the event that there Convention of lower rank that mark different criterion, as a general rule the order of call is established according to strict order of seniority in the workplace.
This contract is must formalize necessarily by written in the model that is set, and in he must appear an indication on it duration estimated of it activity, as well as antique, making recorded equally, of way indicative, the day labor estimated and its distribution time.
In not regulated in this article, you will be provisions in the legislation in force at any time.
Article 28. Contract of retirement partial and of relay.
The special conditions in which workers, included in the scope of application of this collective agreement, develop their professional duties shall be entitled to the use of this type of procurement, which will be regulated in accordance with the legislation in force.
Article 29. Condition of fixed.
All workers are automatically fixed condition if, after the period fixed in the contract, continue to develop their activities without having new contract or extension of the former.
Article 30. Form of the contract.
The contract must, in all cases, formalized in writing, and is fit to what is planned in the current legislation regarding the control of procurement.
In all cases, one of the basic copies of the contract should be available to the legal representation of the workers.
Cases of dismissal should be communicated to the legal representation of workers, before the formalization of the same.
Article 31. Trial period.
Staff again entering the company, if there is no agreement in the opposite direction, is subject to a probationary period that must be formalized in writing and which may not exceed that indicated in the following table:-staff including group 1: six months.
-Staff within Group 2: two months.
-Staff covered by groups 3, 4, 5 and 6: a month, except for the graduates of top grade and middle-grade, which is two months.
During the trial period, the parties may freely the contract without having more obligation, by the company, that the pay wages earned during the period worked.
All those contracts should be subject to the provisions legal force.
Article 32. Coverage of vacancies.
Before the possibility of cover squares vacant, is must use preferably to them workers or workers of the same company, both if are fixed as if are any, both for it provision horizontal as vertical. This article will develop in negotiations of field lower.
Article 33. Equality and non discrimination.
In all them aspects of the process productive and of provision of services, the company must respect and must make respect the principle of equality of try and must avoid any discrimination by reason of age, disability, sex, origin (included the racial or ethnic), State civil, condition social, religion or convictions, ideas political, orientation sexual and identity of gender, affiliation or not to them unions and to their agreements , bonds of kinship with other workers in the enterprise and language within the Spanish State. Positive discrimination provided for in current legislation, shall apply at the level of the undertaking, without prejudice to what has been suggested before.
It must respect the principle of equality, especially access, training and promotion to all jobs within the company, both for men and for women, without any discrimination.
Article 34. Equality plan.
More than 250 workers companies will have the obligation to draw up a Business Plan of equality, and fewer than 250 employees of measures that promote equality, agreed with the legal representation of workers. Both plans as the measures will affect the entire template, will have an annual validity and pursue at least the following objectives: general objective: prevent and eliminate situations of inequality between men and women in the company.
Specific objectives: balancing the number of men and women who make up the staff of the company.
Balancing the male or female presence in those positions or categories where there is a smaller representation.
Ensure equality of opportunities in the professional development of women and men.
Promote access to the training of all staff and basically who incorporated permissions or suspensions of work.
Ensure a payment system for all concepts that will not lead to discrimination on grounds of sex.
Reconcile the management of working time, through the adoption of measures making compatible the personal, family and working life.
Prevention of harassment.
Introduction of the gender perspective into the company's internal and external communication.
To promote the reconciliation of family life in the case of men.
The Plan will affect, at least to the following fields of application: • structure of the template.
• Day and holiday.
• Reconciliation of the life work, personal and family.
• Prevention of the harassment sexual and of the harassment by reason of sex.
• Awareness-raising and communication.
1. it will create a Commission formed of way joint and will have as objective develop the Plan.
2. the Plan must make is in certain phases and with a methodology of work, that will be the following: 1st phase: analysis. The company will provide the information requested by the Committee on work created for the implementation of the Plan, and will analyze the information provided in order to be able to have a composition of place relative to the situation that should be the subject of study.
2nd phase: diagnosis. Is will reach the conclusions of the analysis prior and thus, is will determine them fields priority / concrete's performance.
3rd phase: definition of actions to take. Is will define the measures to take in the different materials that must develop is in this Plan, that should be concrete and measurable.
4th phase: application/implementation of measures. They will be launched well defined measures.
5th phase: monitoring and evaluation. Will create the equal Commission whose mission will be to periodically review the balance of sexes in the company, as well as equal opportunities for men and women, ensure the implementation of the measures and analysis which has been carried out; all this in order to evaluate their outcome and propose new actions. Also take to out the process of denunciation of the harassment.
Article 35. Reservation of places for people with disabilities.
Must adjust is to it willing in the law 13 / 1982, of 7 of April, of integration social of them disabled (LISMI) and their standards regulations of development, including those as the Real Decree 364 / 2005, of 8 of April («BOE» of the 20), that regulates the compliance alternative with character exceptional of the share of book in favor of workers with disability , order of 24 July 2000 MTAS ("BOE" of 2 August), and the Royal Decree 290/2004, of 20 February ("BOE" of 21), which regulates labour enclaves as a promotion of the work of persons with disabilities.
Article 36. Completion of the relationship work.
Company or entity, in more than 6 months temporary hires, should notice a labourer in advance of 15 days in the case of termination of the employment relationship. He breach of this obligation gives right to the worker or worker to be indemnified with the amount of the wage of 1 day for each day of delay, with the limit of the number of days of notice.
Article 37. Voluntary cessation.
He worker or working that want to cesar voluntarily in the service to the company or entity, is forced to put it in knowledge of this by written, complying the requirements of notice following: Personal understood in the Group 1: two months.
Staff in Group 2: A month.
Personal understood in those groups 3, 4, 5 and 6: fifteen days (except them graduates of grade upper and of grade average, that is of a month).
For less than six months contracts: fifteen days.
Failure of the worker or workers from the obligation of preavisar indicated in advance entitles to the company or entity to deduct her settlement the amount of the salary of a day for each day of delay in the notice.
Article 38. Right of subrogation.
In order to encourage the stability of employment, including in the scope of this Convention, affected by the dynamics of substitution of awarded contracts, sets this article, in virtue of which the award of a contract to an entity or company for the management of a facility, service or program that was previously being managed by another entity , will be the maintenance of the employment through the subrogation and of them new hires, in them terms that are developed in this article.
The subrogation by the change in ownership in the services agreement signed between the companies affected by the present Convention and its customers shall apply to all workers and workers fixed / as. All workers and workers with a contract of work or specific service mode are expressly excluded.
Public administration or contracting entity that intends to award the management of a facility, service or program through public tender or any other means of adjudication, will reflect in the corresponding specifications or document containing the basis for the award of the contract, the existence of the subrogation provided for in this article and the list of workers concerned, including the economic and working conditions of the same and excluding sensitive data in accordance with the data protection ACT.
Preference will be given to the legal representatives of the workers to continue in the same company or entity.
The company or entity that ceases in the provision of the service shall inform workers, subrogated / ACE, on the social reason of the new owner and his address. At the time of subrogation, the loss of profits should be and pay the individual settlement of shares and assets earned in each of the subrogated.
In the case that the labourer has outstanding vacation at the time of the change in ownership, the company or entity incoming must allow you 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 subrogation, vacation accrued and outstanding enjoyment by subrogated working men and women and their contribution.
The new proprietor has no obligation to stand in the employment relationship of the worker or a worker who has not rendered its services to the Centre or physical space of corresponding work during the last four months immediately prior to the completion of the previous contract, service or ownership, except where the contract for services entered into by the company or entity outgoing is less than four months , and in this case you would add the time provided in the immediately previous concessionaire.
In the event of casualties, absences, leave, etc., the labourer has been replaced by an interim, the new proprietor or licensee both under identical conditions, namely that once should subrogation solved the causal event that had given rise to the replacement, interim causes definitive low in the company.
If in the Center or space physical of work lend their services workers and workers with contract fixed discontinuous or with contract suspended by cause legal, them four months to is concerns the paragraph previous must be them immediately previous to the suspension of their respective contracts.
Is understood as time of service them periods of holiday, of incapacity temporary or of suspension of contract by cause legal.
It company or entity outgoing, in a term of ten days since has knowledge of the completion of its service and, in all case, before transfer the service, must deliver to the company or entity incoming, that pass to do is charge of the service, a document in which is collected them following data:-list of workers and workers in situation of disability temporary , suspension legal or leave of absence.
-Own and subrogated existing pacts.
-Day and agreed with each labourer working hours, as well as any modification in the past 6 months, with the justification for this.
-Agreed wages higher than the Convention, and justification for any change made in the last 6 months. In any case, the incoming company is not bound to comply with wage increases that have occurred in the last 6 months, provided that these do not arise from the application of the Convention or of the pacts signed with the legal representation of workers.
-Certificate of the competent body to be aware of payment to Social Security.
The document must accompany the photocopies of the following:-Guestbook from the Center.
-Payroll for the last six months.
-Receipt of payment of shares.
-Photocopy of the TC-1 and TC-2 of the last six months.
Both the incoming and the outgoing company will deliver the information indicated above to the legal representatives of workers.
The subrogation not is can produce where the company or entity outgoing fails to comply with manifestly it established in those paragraphs earlier. In such case, the workers and workers will continue to in the company outgoing, that must facilitate them others posts of work.
The company or entity outgoing must inform to the new holder of all those Affairs labour pending of organisms official.
He personal that should be subrogated, when is necessary confront or supplement the information of it company outgoing, must facilitate to the new holder, before proceed to its subrogation, the documentation necessary to the effect, if it has.
Where has in it template affected unpaid, discovered of it security Social or irregularities in wages, generated by the company or entity outgoing u others previous, them workers and workers must be also subrogated by the new holder, without prejudice of that the responsibility by such unpaid or discovered continue being of the company outgoing.
In any case, the company or entity infringing you must answer for all of the damages caused by the breach.
In the event that the company or entity outgoing didn't get all the stipulated documents to the company or entity incoming, generating this economic damage or loss of social improvements to the workers:-the legal representatives of workers or, in their absence, the representative trade unions in the sector, may require documentary rectify the company or entity outgoing.
-The company or entity incoming must pay attention to amendments to that Act the new documentation.
-The company or entity outgoing should do is charge of them damages economic suffered by those workers / as subrogated.
In the event that the client decides to unilaterally close or manage the service on an interim basis or definitive, provided that you pass to pay with its own employees, the company or entity that is paying the service must not assume that service staff. However, if subsequently the main company decides to outsource the service, and does so within the period of one year from the earlier decision, the outgoing company workers should be subrogated by the incoming, or the incoming must pay to the outgoing allowances protrusion would have had to pay by cause of extinction of contract workers who have not been subrogated.
Not will be subrogable or the spouse or the personal with kinship until second degree of consanguinity or affinity with the entrepreneur outgoing or that have some cargo Executive in it company or shareholder or partner of the company.
Both the company or entity incoming as outgoing must inform the execution of surrogacy legal representation of workers when becoming aware, as well as deliver all documentation deemed appropriate and necessary in relation to surrogacy.
The present article will be of application imperative and of forced compliance to them companies and workers / as welcomed total or partially in them areas functional and personal of them present conventions collective, with inclusion of all them conventions of field lower, even them autonomic, provincial and of company. Labour relations in administrative contracts, whose introduction object is incardinated in the indicated areas functional and personal are also affected by subrogation.
For the purposes of avoid the competition unfair that can alter the free concurrence, is pacta expressly that them / as workers / as that is have built-in to a new entity under the subrogation business planned in this article, knowing them conditions pre-existing of them / as workers / as in which licitaba in equality of opportunities concerning the rest of entities concurrent , cannot see affected their working conditions through the application of a company agreement, for at least a period of 3 years from the date of subrogation, to always stay current this Convention.
The present regulation of the subrogation business is pacta with independence of it application of the article 44 of the Statute of the workers to them alleged referred expressly in the same.
CHAPTER 6 wage policy article 39. Wage structure.
All staff affected by this Convention should receive appropriate remuneration, in accordance with the structure and concepts following: monthly remuneration of the worker or worker set depending on the Group and workplace to which it belongs and personal allowances that apply to you. The retribution of them workers and workers hired full-time partial will be proportional to the day maximum effective of work established in the present agreement.
The payroll must be supplied to regular workers within a maximum period of one month from the date of contract, procedure or by telematic systems.
Payment of wages must be made effective, in General, between the 30th of the month and the 5th day of the month following the month. The interest by mora of the salary will be the ten per cent annual of it owed.
Article 40. Complement of festivity and mandatory weekly rest.
To the personal that has of provide services them days of its rest weekly and holidays, established in its calendar labor, is you will compensate with a complement wage by each day of your rest weekly or festive established in their calendar labor, equivalent to the increase of the 40% of the wage base by each day worked in these conditions, without prejudice of that enjoy of the rest compensatory of them set as of work in the calendar labor of each worker or working.
If the workday, in festive set to your work schedule or mandatory weekly rest, was less than the ordinary day this complement in proportion shall be paid to hours actually worked in the holiday or compulsory weekly rest.
If the day worked exceeded to the ordinary that fixed the Convention, be understood as hours extraordinary; without prejudice to possible agreements on this complement of holiday or work in compulsory weekly rest, and for these assumptions can be formalised between the company management and the legal representation of workers, in accordance with the stipulated in article 1 of this collective agreement.
The workers who, at the date of publication of the Convention in the «official Gazette», come perceiving some amount for this concept, it will be absorbed to the wage supplement regulated in this article; If it is higher than the regulated in this article, the worker will continue perceiving it as a personal complement. In any case, in addition to this remuneration supplement paid, the company will compensate with a day off for each day worked in festive set to your work schedule or mandatory weekly rest period.
Article 41. Night supplement.
Workers carrying out receive the complement of night hours between 10 p.m. and 6 hours of o'clock the next day. These hours will be satisfied with the increase of 15% of base salary.
For the application of the collection of night time in the corresponding payroll of any month of the year, we will proceed to initially perform the calculation of the value of ordinary time for these effects. For which will proceed to multiply salary monthly basis by fourteen pay, in order to obtain the annual base salary. Then divides this salary annual basis between the number of hours a day maximum effective working time on an annual basis established in the Convention. After obtaining the ordinary time value value is increased by 15%.
The formula to apply is: Comp. night = salary monthly base × 14 × 0.15 × No. nocturnal hours worked annual maximum day present complement absorbs all quantities that, nowadays, by any title, could come perceiving workers by this or similar concept. However will maintain the best conditions those workers and workers that came perceiving the complement of night in conditions different to them regulated in this article whenever them are more favorable.
Article 42. Responsibility complement.
Is set to remunerate to those workers or workers that, with the category of monitor / to, have to their charge 5 monitors or less. In addition, they are entitled to perceive this complement, those workers, and workers who develop tasks are not you own, either in a timely manner or on an ongoing basis, and that involve an explicit liability.
It is only seen during the time that it is occupying a job or developing the characteristics mentioned tasks, in amount of 10% of their base salary.
Article 43. Plug-in availability.
This supplement pays special circumstances and conditions of workers when they perform on-site services with 24-hour availability in homes of colonies, children's and youth hostels, camps or other similar equipment. This supplement must be paid in view of its special irregular distribution of the day, their total availability time and the sporadic implementation of reservation services that involve moving to another work center. Their remuneration must be 10% of the daily base salary earned daily for this add-on. The perception of this add-on is incompatible with the compulsory weekly rest and festivity and snap the complement of night.
Article 44. Employee wage remuneration corresponding to the years 2014, 2015 and 2016, will be published in annex 4, whose salary increases correspond to the percentages and following periods: period of accrual salary increase with respect to the latest tables published - percentage of 01 October 2014 to 31 July 2015 0.5 August 01, 2015 to 31 December 2015 0.5 01 January 2016 to the 31 of December 2016 0.5 article 45. Clause of non-application salary.
Those companies or entities that by reasons economic, technical, organizational or of production not could make facing them conditions agreed in the present Convention, must prove, objective and convincingly, them causes by which these conditions put in danger the viability of the company or entity.
To be eligible for this clause in the corresponding year, the company must start a period of consultation with the legal representatives of the workers. In them alleged of absence of representation legal of them workers and the workers in the company, these may attribute its representation to a Commission designated according to it willing in the article 41.4 of the Statute of them workers. The agreement shall be notified to the Joint Committee on the Convention.
In case of discrepancies in the negotiation of the agreement, both the company and the representation of workers and women workers or Commission appointed on their behalf, may request the mediation of the Joint Commission.
The condition priority for welcome is to the present article is it of ensure the maintenance of the current levels of employment in the company.
Companies must provide supporting documentation of their status to legal representation of the workers in the enterprise, or Commission appointed on his behalf or, in your case the Joint Commission of the Convention: a. balance sheets and income statements of the past year, with corresponding audits or censoring of accounts and declarations of corporation tax that showed a negative cash flow as well as equally negative forecast for the current year. In the case of a company integrated in a group of the same activity that the company in question, is necessary that these data are relating to them results integrated consolidated of the group.
b. plan of viability, with the measures for the improvement of the productive, commercial, financial management, investments, etc., aimed at overcoming the negative economic situation and ensuring the future industrial and employment of the company.
c. study of the incidence of the wages in the structure general of the company.
d. void actions that omit these documentations or which are made after the deadline.
For the exercise of their functions, the referred Commission joint will have them powers and duties following: them technical designated by them parts that integrate the Commission joint, will have access to all the documentation required for study and check the application.
Where is required a jury of accounts or similar sensor performance, their fees shall be borne by the applicant company.
Them members of the Commission joint and their advisors are obliged to treat and keep with the maximum book the information received and them data to which is has had access as consequence of their respective functions.
The Joint Commission shall issue a decision within the maximum period of seven days from the date of receipt of the request.
The resolution issued by the Joint Commission in any of its phases, may not be subject to appeal by the applicant company and the final decision will be fully Executive.
The resolution issued by the Joint Commission, should provide for the following: a. the economic increase to be applied instead of the general that he has agreed, that in any case can not be less than 1/3 of what has been agreed in the collective agreement.
b. the procedure to recover, in the years following, them increases wage that is have left of perceive in the year of derogating. In any case, the maximum period of recovery may not exceed three years.
c. except for the wage increase agreed upon, in an amount different from the general increase in the Convention, this is of full implementation in the company.
d. a same company not can apply the clause of derogating from the Convention collective two years consecutive, or more than two times in a period of five years.
Article 46. Procedure for the amendment substantially of conditions of work.
Of compliance with the article 41 of the Statute of them workers, when exist proven reasons economic, technical, organizational or of production the company may agree modifications substantial of them conditions of work recognized in the contract of work, in agreements or pacts collective or much enjoyed by these under a decision unilateral of the entrepreneur of effects collective, which has of follow the procedure established in the article 41 of the ET.
Article 47. Extra payments.
Workers and workers falling within the scope of this Convention should perceive, complementing periodic maturity exceeding one month, the amount of 2 extraordinary bonuses, equivalent each to a monthly payment of base salary and the proportional part of annual average specific add-ins. They must be paid before 1 July and 23 December.
Effects of computation for the calculation of the extra payments, sets the deadline of July 1 to June 30 to pay summer and January 1 to 31 December for Christmas pay.
The extra payments will be assessed in 12 monthly installments, prior agreement of the parties.
CHAPTER 7 day, schedules, overtime and holiday article 48. Day's work.
For the year 2014 and following the day of work on an annual basis will be 1742 hours maximum time of effective work, dedication, distributed in 38 hours and 30 minutes of maximum effective working time weekly sessions.
It means dedication throughout that carried out within the working day that is related to the activity, time of preparation, evaluation, programming, direct relationship with users and other duties of a similar nature.
Article 49. Irregular day.
The irregular day may apply in the companies when there is a greater demand for services that could not be served with the ordinary working week. Irregular hours shall not exceed in any case the use of 100 hours of computation of annual day of actual work time.
The uneven distribution of the day may never exceed the 50 hours a week as effective working time, according to daily and weekly rest periods. The 50 hours weekly are applicable to contracts in time full, applying is the proportionality in them contracts on time partial.
In consideration for the excesses of day arising, in monthly computation, labourer can have a break-time for each hour of work. Them breaks by compensation should be set of common agreement between company and worker or working and must be enjoyed, unless in these days is produce more activity that the rest of the days of the week.
In any case, when by application of it distribution irregular of the day is produce, in computation annual a difference of hours in favor of the worker or working that not have been used by the company, these will be for your benefit without you can be demanded its realization subsequently.
In any case, the extension of day consequence of this distribution irregular and of the application of them hours flexible, not may be of application to workers and workers that have limited their presence by reasons of security, health, care of minor, pregnancy, periods of lactation or disability.
Article 50. Hour extraordinary.
Both parties, given the situation general of employment and to foster them political of promotion of new hires, agree it not realization of hours extraordinary except situations of force greater or of emergency.
If necessary for the completion of overtime, their compensation, as general and priority criterion, must be through the granting of breaks, or by mutual agreement between the parties, through the economic compensation, with the equivalent compensation in both cases of the 45% increase with respect to the corresponding ordinary time.
Article 51. Weekly rest.
Weekly rest days should be, preferably, with general criterion, on Saturday and Sunday.
In cases that impedes it the activity of the company or entity, and that this rest can not take place on Saturday and Sunday, he has to enjoy legally established breaks. Workers and workers affected by this circumstance will enjoy, preferably a Saturday and a consecutive Sunday free every two weeks.
The company should establish a regime of day's work for the personnel in accordance with the special circumstances and needs of each work center.
The enjoyment of compensatory breaks provided for in this article may not be replaced by financial compensation, except in cases of termination of employment for reasons other than those derived from the duration of the contract.
Article 52. Holiday.
All workers and workers affected by this Convention must enjoy, each year full of active service, a paid vacation of 30 calendar days.
If time worked, in each calendar year, is less a year, should be entitled to the days that correspond in proportion.
Holidays are enjoying, preferably, in the periods of cessation of activity or reduced activity of the enterprises or workplaces considered individually.
In those companies whose main activity is regulated by the school calendar its workers enjoy, preferably, at least 50% of your vacation in the summer period.
Staff who ceases in the course of the year is entitled to the proportion of holiday by legal provisions apply to you, depending on the time worked during this period.
If with prior to the home of them holiday the worker or worker is located in situation of IT derived of accident of work or of disease common that required hospitalization, may enjoy of them holiday below of the high medical or in another period, of common agreement between them parts, although has finished the year natural that corresponds.
In the case of IT arising from pregnancy, childbirth or breastfeeding natural, equal to that in permission of maternity leave, the worker is entitled to a new date of enjoyment of the holidays as distinct from IT, at the end of the period of suspension, although you have aunque haya terminado finished the calendar year to which correspond, according to article 38.3 of the status of workers and by organic law 3/2007 , 22 March, effective equality of women and men.
Article 53. Day special.
According to the specificity of services as: colonies, hostels and camps comparable activities at the former establishes the possibility for special days, meaning special day, the form of uneven distribution of effective working hours, set by mutual agreement between the company and the / worker/a, without exceeding the maximum working established in this Convention.
Article 54. Calendar working.
The company, in accordance with the representation of workers, establish the annual calendar for each work center, in which at least contemplating taking into account the maximum days agreed upon in the collective agreement: to) the distribution of working time with the limits established by this collective agreement.
(b) the hours of work.
(c) the annual distribution of the working days.
(d) the holidays.
(e) public holidays and breaks between days or weekly, and other non-working days.
The work schedule will be agreed annually. The company will draw up the work schedule, regardless of may have legal representation of workers or not, and always before the start of the working year.
In the assumed that not is arrived to an agreement in the elaboration of the calendar work, would be the company which would establish the calendar, following criteria of organization of the process educational and respecting, in all case, them rights of them workers and workers. In these cases of lack of agreement, the legal representation of 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 settlement of the agreement.
The working calendar for the work center will be ensuring their knowledge by all staff.
He calendar labor will be in accordance with the regulation that annually performs the Ministry of work and affairs social of them days disabled to effects labour, paid and not recoverable and them established by each community autonomous and municipalities corresponding, being fourteen days the whole of these.
The work schedule shall set, in its application for each worker and worker, his days of work and their breaks, and calculated as working time hours carried out by the employee or worker taking into account the maximum effective working time stops provided for in the relevant articles of this collective agreement.
When Additionally to said calendar of work and, therefore, of form extraordinary, a worker or worker work a day of which had referred to initially as of rest, will have right as compensation to enjoy of a day of them set initially as of work in their calendar labor and to the complement regulated in the article 40 of the present Convention.
CHAPTER 8 training and professional development article 55. Principles General. The training objectives.
The training is a basic factor to increase the motivation and the integration of workers within companies and entities regulated by the Convention.
1. with the aim of promoting the professionalism and continuous improvement of training in companies governed by this Convention, the parties consider that it should be oriented a: a. promote the personal and professional development of workers.
b. contribute to economic efficiency, improving the competitiveness of enterprises.
c. adapt to changes motivated both by technological innovation processes, and by new forms of work organisation.
d. contribute to continuing vocational training to promote development and innovation of the activity of the companies or entities.
e training priority given to the most disadvantaged groups (women, youth, people with disabilities, older than 45 years, immigrants, unskilled workers, etc.), to facilitate the integration in the sector.
2. in accordance with article 23 of the revised text of the Statute of the workers and to facilitate their training and career development, workers and workers affected by this Convention shall have the right to see studies for academic or professional degree officially recognized training courses organised by enterprises themselves and institutions or other bodies provided.
3. the companies and entities regulated by the Convention and the legal representation of workers recognized as secondary employment legislation, training and promotion at work.
4. the education and training of the labourer (whatever his job) to provide its services in enterprises and entities regulated by the Convention and in accordance with the needs of them, is open, without discrimination of any kind and with the only limitations that may come from the capacity and provided knowledge that must be individually accredited.
5 training in companies and entities regulated by this Convention will be oriented towards the following objectives: to) adaptation to the job and the same modifications.
(b) performance and the updating of professional knowledge required in the category and job.
(c) specialization in different grades, in any sector or field of work.
(d) facilitate and promote the acquisition by them workers and workers of titles academic and professional, related with the field of action of the present Convention, as well as enlargement of them knowledge of them workers and workers that les allow thrive and sucking to promotions professional and acquisition of them knowledge of others posts of work.
(e) meet the working conditions of their job to prevent occupational hazards.
(f) promote equality of opportunity between women and men, as a tool to promote women's access to those jobs where they are less represented.
(g) prioritization of training within working hours to facilitate the reconciliation of work, personal and family life.
(h) any other object that benefits both to the worker or the worker and to the dynamics of companies and entities regulated by the Convention or the effective care of users served professionally.
6. the training will be held preferably during working hours. In the case of those courses that are scheduled outside the working hours of the worker or the worker, this time of formation will be compensated with an equivalent rest in the terms established in the framework of the sectoral joint training Commission.
Article 56. Time of formation.
1. the time of training for each worker or worker will be of a minimum of 20 hours annual, proportional to the day, and will have the consideration of time effective of work. Is means fulfilled said time, when, as minimum, in each company, in terms of half by employee, in proportion of the day half of recruitment of it company is had reached a half of 10 hours annual of training, is will ensure the universality in the access to the same, as measure of action positive, is will boost the access of them collective disadvantaged by reason of gender , age and level professional.
This time of training is allocated to the realization of actions training of interest for the performance professional entrusted or that can entrust is, as well as of the projection of the career professional of them employees.
2. the time of training here regulated may adapt is proportionally in the course of days that thrown a computation annual different to the established in character general.
3. these hours can be accumulated over a period of up to two years in those cases in which organizational or functional needs are unused annually, except for certain cases, for exceptional reasons, you may need to extend that period to three years. The accumulation of these hours will be conditioned to the duration of the contract, which will have to be greater than the period that is intended to accumulate.
4. in them so-called of days different of it regulated in the present Convention, the time dedicated to training will be object of them corresponding adaptations with regard to it established in the paragraph first, making them compatible with the functionality of the action training.
5. the compulsory activities do not count for purposes of the maximum of training activities which can be ordered.
Article 57. Commission joint sector of education.
To understand many issues arise on vocational training within the scope of this Convention, a sectoral joint training Commission has been established under the protection of the existing collective agreement ("BOE" on August 19, 2010).
This Commission is composed of eight members, four by the social party and four by the employer, all of them with their respective substitutes; keeping the proportionality of the representation of Association and employer. They are entitled to be part of the training Commission the employers and Trade Union signatories of the present collective agreement.
Operation: 1. the operation of the sectoral joint training Commission shall be governed by the existing rules of the same.
2. the agreements of the Commission joint sectoral of training is adopt always by most absolute of each an of them parts, employer and representation Union, collecting is them votes negative or abstentions if them had. To be able to adopt agreements shall attend the meeting of the Commission, more than half of the components by each of the parties represented.
3. in it relating to them expenses of representation and funding of them members of the Commission we refer to agreements later.
4. the sectoral joint training Commission shall draw up or ratify a protocol containing the criteria of participation, justification, support, processing, etc. of training actions annually.
5. those other functions that are agreed by unanimity by the own Commission joint sectoral of training.
The Commission's formation, with the ability to develop their competencies in territorial areas appropriate and competent agencies that apply, will assume in addition the following functions: establishing orientative criteria for the elaboration of the plans of formation in this field, priorities of training initiatives that can be play in the sector, guidance regarding the groups of workers and working target training actions and criteria that will facilitate the linkage of vocational training sector with the system of classification professional.
Propose the realization of activities, studies or investigations of its sector, particularly for the detection of training needs; consider participation in projects within their competence and make proposals in relation to the national system of qualifications and national reference centres for its scope.
Know and promote vocational training for employment between firms and workers, especially favouring the access of those most vulnerable groups against the employment.
Perform the monitoring, evaluation and support of it offer training sectoral imparted in the scope of the Convention.
Examine the discrepancies, and if 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 quota deduction, provided that these discrepancies are due to reasons of discrimination, development of formative activities that do not correspond to the business activity or abuse of right.
Make an annual report of implementation of the agreements, as well as evaluation of the training actions carried out in the sector.
(Monitoring of the compliance of access to the training of them collective collected in the article 55.1 e) of the Convention.
Any other that is attributed to him.
The sectoral joint training Committee shall draw up its own rules of operation.
A time after it force of the present Convention, the Commission joint sectoral of training will continue to operational in their terms, with the denomination that them parts agreed, developing them functions and powers attributed in the paragraph previous, especially which you attributed it normative regulatory of the subsystem of training professional continuous.
Article 58. Training action in companies.
Without prejudice to the provisions on a sectoral basis in articles precedents and specific training actions that can develop, companies, before implementing a training plan, be completed as provided for in article 64(1), AP. 4th c of the Statute of workers, relating to the powers of the legal representation of workers in this field.
To this end, it will be noted that is will contemplate the following companies will be provided prior to the legal representation of workers at a company training plan: 1. objectives and contents of the training programs to develop.
2 selection criteria and collective 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 offered, once carried out training actions.
In the case of formative actions that companies financed with charge to your credit for continuing education through reductions in the contributions to Social Security, in accordance with the rules and regulations governing such financing system, shall apply to these effects forecasts contained therein and concordant on the matter.
In special cases, when the dimension of the company or the complexity of the training actions become necessary, legal representation of workers, to promote the dialogue on this issue, may entrust to one of its members the performance of own tasks related to vocational training.
At the level of the undertaking you can negotiate the establishment of a joint Commission of formation between the company management and the legal representation of workers, with the composition, powers and operating rules that the parties may agree.
Article 59. Development of the training.
1. it Commission joint sectoral of training through a study detailed will determine the needs of training, on whose base is shall draw up a plan of training, scheduled annually of courses to perform by them companies, all this in the term of nine months to the entry in force of the present Convention.
(2. that Plan should give priority to those groups collected in the article 55.1 e) of the Convention.
3. in accordance with the provisions of article 23 of the Statute of workers and to facilitate the training and career development at work, workers and workers affected by the present Convention, shall be entitled to the adaptation of the ordinary working day for attendance at courses of training or professional development with job reservation.
Article 60. Individual training permits.
Workers and workers affected by the present Convention, may apply for permits individual training under the terms agreed at the last national agreement of training or successive.
Companies or entities put all media so that upon request to access this training modality.
Training actions, approved by the joint sectoral training Commission, for which education may be requested shall: a. be the actions financed on the training plan of the company.
b. be aimed to the development or adaptation of the technical qualities of the worker and his personal training.
c. be recognized by an official degree.
d. are excluded of the permission of training the actions training that does not correspond with the training face-to-face.
Article 61. Funding.
Them organizations signatory agree develop them negotiations timely for the funding of those projects that consolidate and develop the sector of leisure educational and animation socio-cultural.
Without prejudice of it earlier, in the field of company can establish is the application of resources own additional with character complementary, depending on their needs and characteristics.
Article 62. Certificate of attendance.
Them certificates of assistance and use, as well as them ratings and ratings obtained in such courses, is will make consist in them records of who them made, and will have relevance in its promotion professional.
Article 63. Criteria of selection in the assistance to courses.
Companies or entities together with the representation of workers will develop objective criteria for attendance at training courses for workers, this will be taken into consideration: workers who have participated in fewer times in training, mandatory actions designed by the company, those others who are performing jobs related directly to the course subject matter or will develop them in the future Next, the proportionality of the different jobs that make up the template of the undertakings or entities,
The seniority in the company or entity.
Type of contracting, taking prevalence temporal modalities.
(Give priority to those groups collected in the article 55.1 e) of the Convention.
Any criterion that ensures the compliance of the objectives of the training continuous.
CHAPTER 9 permissions and leave article 64. Paid permits.
The labourer, the notice and communication of the causal event, has the right to be absent from work with a right to remuneration for the reasons referred to in article 37 of the Statute of workers and with the following improvements: a) up to three days in the event of the birth of a son or daughter.
(b) until two days in case of accident or disease serious, intervention surgical, hospitalization, intervention surgical without hospitalization that precise rest house or death of relatives to the second degree of consanguinity or affinity. When these reasons worker or a worker need to move, the permit shall be four days.
(c) the day of the wedding of a relative up to the first degree of consanguinity or affinity.
(d) a day by the change of domicile without change of municipality.
(e) fifteen days by marriage or beginning of life of workers, regardless of their sexual orientation and gender identity. Until is regulated by law must demonstrate this home of life in common, through the sheet certificate of unions civil of them town halls that have or act Attorney, whenever not is notorious.
(f) by the time necessary for the realization of prenatal tests and techniques of preparation for delivery to be made within the working day.
Article 65. Permissions not paid.
Staff may request up to ten days of permission without pay in the course of a year.
(The application and award of these days of permission not paid must comply in its processing with them following requirements: to) the worker or worker will indicate the number of days in which is extend the time of permission.
(b) the worker or employee shall deliver the request for permission to the address of the company in advance, at least fifteen days to the start date of the permit.
(c) the application of permissions not paid that by reasons of urgent need is request by the worker or working without to meet them deadlines planned in this article is addressed by the address of the company with character extraordinary.
(d) by the time necessary for official examinations that free matter.
These permissions do not may be never before or after holidays, or between days considered holidays.
The company in the event that the requirements above, may not refuse such permission except in the case justify the negative effect on the permission on the proper functioning of the service.
Article 66. Unpaid leave.
The unpaid leave can be granted to the worker or a worker upon the request in writing; they may request all who have at least one year of seniority in the company or entity and not enjoyed leave of absence during the four previous years.
The permission of unpaid leave is to be granted for a period not less than four months nor more than five years, unless agreed between company and worker in another sense.
The labourer that enjoyment of unpaid leave shall retain the right to re-entry if there is a vacancy in your specialty or job category in the workplace. During this time is computed not antiquity. The labourer shall request the reinstatement to the job with a minimum period of one month in advance.
Article 67. Forced leave of absence.
You are entitled to compulsory leave as a result of the designation or election to public office which hinders work attendance. The labourer must notice the company and/or any entity in writing one month in advance.
Missing the cause that motivates the leave of absence, the labourer has 30 calendar days to return to his post, and in case of failure to do so, cause ultimate low.
Workers who enjoy leave of absence for Trade Union mandate, in accordance with the Statute of workers, must return to work within sixty days of the end of this period of leave of absence, with advance notice of thirty days prior to the reinstatement.
The compulsory leave should be granted automatically, upon presentation of supporting evidence.
Article 68. Leave of absence to care for son or daughter.
The woman working, starting from the completion of it low by maternity, by adoption or of the enjoy of them holiday will have right, prior request, to enjoy leave with book of since of work and computation of antique until three years for attend to the care of each son / to, both when it is by nature as by adoption them workers and workers will have right to a period of leave of duration not top to three years for meet to the care of each child, both when it is by nature, as by adoption, or in them alleged of foster care, both permanent as pre-adoptive, although these are provisional, to count from the date of birth or, in its case, of the resolution judicial or administrative. This leave of absence can enjoy is of form fractional.
However, if two or more workers or workers from the same company to generate this right by the responsible subject, businessman or businesswoman may limit its simultaneous exercise by reason of running the business.
Article 69. Leave to care for family members.
The labourer is entitled to that shall be granted the status of temporary leave to attend a family within the second degree of consanguinity or affinity, or couple indeed, which for reasons of age, accident, illness or disability can not stand by itself. The maximum length for this cause of leave of absence shall be two years, without having the labourer to be granted that right during the same to receive any payment.
Without prejudice to increase duration by agreement between the parties.
In these cases you must request, always in writing, in advance, at least thirty days from the date of its inception, unless for demonstrable reasons, of urgent need, and must receive a reply written by the Center within the period of five days.
During the situation of leave, it vacant may be cover by another worker or working alternate and this shall cease in its committed, giving by after your relationship labor in the time of the incorporation of the holder of the since.
He period in that the worker or worker remain in situation of leave will be computable for the purposes of antiquity and the worker or working will have right to it assistance to courses of training professional, to whose participation must be convened by the entrepreneur or entrepreneur, especially with occasion of his reinstatement. During the first year will have right to the book of its because of work. After said term, the book will be referred to a since of work of the same group professional or category equivalent.
Article 70. Taking care of children or family members who can not fend for themselves.
Staff, for reasons of guardian to care any less than twelve years or a person with physical, mental or sensory disability that does not carry out paid activity and could not fend for itself, entitled to a daily reduction of the workday, with the proportional decrease of wages between, at least, an eighth and a maximum of half of the length of that one. Shall have the same right who require responsible for the direct care of a relative up to the second degree of consanguinity or affinity, who for reasons of age, accident or illness can not fend for itself.
The parent, adopter or cosy pre-adoptive or permanent nature, will be entitled to a reduction of the working day, with the proportional decrease of the wage, at least half of the duration of that care, during hospitalization and treatment continued, their dependent child affected by cancer (malignant tumors, melanomas and carcinomas), or any other serious illness , that involves an income Hospital of long duration and require the need of his care direct, continuous and permanent, accredited by the report of the service public of health u organ administrative health of the community autonomous corresponding and, as maximum, until the less meets them 18 years.
If two or more workers or workers from the same company to generate this right by the responsible subject, businessman or businesswoman may limit its simultaneous exercise by reason of running the business. The time realization of the daily reduction in working hours corresponds to the labourer, who should notice to the businessman or businesswoman with fifteen days prior to the date that will re-join his ordinary day.
From the direction of the company will attempt to facilitate leading measures to achieve the appropriate balance between work and personal life, making possible agreements with the legal representation of workers that saving the needs of the service made more flexible working hours are those in charge of children children or relatives with disabilities or older than 65 years who can not fend for themselves.
Article 71. Maternity and paternity leave.
(to) maternity.-in the so-called of childbirth, the suspension will have a duration of sixteen weeks uninterrupted, expandable in case of childbirth multiple in two weeks more by each child / to starting from the second. The period of suspension will be distributed at the option of the applicant provided that six weeks immediately after childbirth. In the event of death of the mother, regardless of which this conduct or not some task, the other parent may make use of the whole or, where appropriate, of the part remaining of the suspension period, computed from the date of childbirth, and without that is discount the same part that the mother had been able to enjoy prior to the birth.
In the so-called of death of the child, the period of suspension not is will see reduced, unless, a time completed them six weeks of rest required the mother request reinstate is to your since of work.
Notwithstanding the foregoing, and notwithstanding the six weeks immediately following childbirth of rest required for the mother, in the event that both parents work, the mother, at the beginning of the rest period for maternity leave, you can choose to the father to enjoy part determined and uninterrupted from the postnatal rest period , well as simultaneous or successive with the of the mother. The other parent may continue making use of the period of suspension for maternity initially assigned, although at the time provided for the reinstatement of the mother to work, it is in a situation of temporary disability.
(In the event the mother not had right to suspend its activity Professional with right to benefits, in accordance with them standards that regulate this activity, the other parent will have right to suspend its contract of work by the period that had corresponded to the mother, which will be compatible with the exercise of the right recognized in the paragraph b) following.
In cases of premature labor and those who, for any reason, the newborn must remain hospitalized following birth, the period of suspension may compute, at the request of the mother, or in the absence of the other parent, the date of discharge from hospital. Excluded from this computation the six weeks after delivery, of mandatory suspension of the contract of the mother.
In them cases of births premature with lack of weight, and those others that the infant precise, by any condition clinical, hospitalization following of the childbirth, by a period superior to seven days, the period of suspension is will expand in so many days, as the born is find hospitalized, with a maximum of thirteen weeks additional.
In the event of adoption and foster care, in accordance with article 45.1. d) of the Statute of workers, the suspension will last for sixteen weeks uninterrupted, which may be increased in the case of adoption or foster care multiple in two weeks for each child from the second. This suspension, will produce its effects at the option of the employee, or from the judgment by which constitutes is the adoption, or from the administrative or judicial fostering, provisional or definitive, decision without any a same minor can give right to several periods of suspension.
If both parents work, the period of suspension is distributed to option of them interested, that may enjoy it of form simultaneous or successive, always with periods uninterrupted and with the limits designated.
In cases of simultaneous rest periods of enjoyment, the sum of them may not exceed sixteen weeks provided for in the preceding paragraphs, or which apply in the event of childbirth, adoption or foster care multiple.
In the event of disability of the child or of the child adopted or embraced, the suspension of the contract, referred to in this paragraph, will have additional lasts two weeks. When both parents work, this additional period will be distributed to stakeholders option, and who can enjoy it either simultaneous or successive, and always continuously.
Them periods to which is concerns the present paragraph may enjoy is in regime of day full or full-time partial, prior agreement between them entrepreneurs and them workers / as affected, in them terms that statutorily is determined.
In the cases of intercountry adoption, when necessary previous displacement of the parents to the country of origin of the adoptee, the suspension period for each case in this article, can start up to four weeks before the resolution by which the adoption is constituted.
(Them workers and workers is benefit of any improves in the conditions of work to which had could have right during the suspension of the contract, in them alleged in which is refers this paragraph, as well as in them planned in the paragraph b) following.
((b) paternity. - in case of birth of a child, adoption, or foster care, in accordance with article 45.1. d) of the Statute of workers, workers are entitled to the suspension of the contract for thirteen days uninterrupted, expandable in case of childbirth, adoption or foster care multiple in two days more for each child / from the second.
(This suspension is independent of the enjoy shared of the periods of rest by maternity, regulated in the paragraph to) of the present article.
In the event of delivery, the suspension corresponds exclusively to the other parent. (In them alleged of adoption or foster care, this right will correspond only to one of them parents, to choice of them interested, however, when the period of rest regulated in the paragraph to) of the present article is enjoyed in its whole by a them parents, the right to the suspension by paternity only may be exercised by the other.
The worker who exercises this right may be made during the period since the end of the license for birth of child, or from the Court ruling by constituting the adoption, or from the administrative or judicial of foster care, decision pending the suspension of the contract for maternity leave or immediately after the completion of this suspension.
The suspension of the contract referred to in this paragraph, you can enjoy in full-time or contract of part-time, from a minimum of 50 per 100, prior agreement between the employer and the worker, according is determined according to the rules. The worker must communicate for the employer, with due notice, the exercise of this right.
(c) risk during pregnancy. - in case of pregnancy, on the assumption that there is risk in carrying out the work to the worker or the foetus, according to the medical report, the company shall take appropriate measures to prevent the exposure of the worker or the foetus at risk, facilitating change to another job within their professional category and usual day , returning to her since once completed it cause that motivated the change.
He Committee of safety and health of the company will appreciate what posts of work are considered for them working pregnant as of risk for your health or the of the fetus.
In the event that the worker is found in a since of risk and the company not could minimize it or, offer a since of work alternative not contraindicated or, not was organizationally possible, may declare is the step of it worker affected to the situation of suspension of the contract by risk during the pregnancy. In this so-called the company will complement the benefits of it security Social to the amount full of their remuneration from the first day.
Article 72. Breastfeeding.
Workers, male or female, nursing of a child for nine months, will be entitled to one hour's absence from work, that can be divided into two fractions of half an hour. Similarly, this right may be replaced by a reduction of their day in an hour with the same purpose, or accumulate in 15 calendar days to immediately enjoy the usufruct of the permit after maternity leave; This permission can be enjoyed either by the father or the mother in the case that both work. All this in the terms foreseen in the article 37.4 of the ET.
The permission of breastfeeding will increase proportionately in case of childbirth or adoption or foster care multiple.
CHAPTER 10 diets and displacements article 73. Diets and displacements.
1. diets.-If by needs of the service, of character extraordinary, the worker or it worker has that make travel or displacement to populations different of those in that file its center of work, will perceive a diet of 10 euros when perform a food and overnight in your domicile, of 20 euros when have that perform two meals out, sleeping in your domicile , and of 70 euros if, in addition, overnight outside his domicile.
2. displacement.-will be to cargo of the company them expenses of locomotion in them commissions of service, corresponding to the same the determination of the medium of transport to use. When by needs of the company the worker or the worker should use vehicle own, will perceive as supplemented, the amount of 0.19 euros by kilometer tour.
CHAPTER 11 code of conduct work article 74. Fouls.
(All missing committed by a worker or worker is classified, according to the importance, in: to) faults minor.
(b) lacks serious.
(c) failures very serious.
Article 75. Minor fouls.
They are minor misconduct: 1. two to five timely assistance to the work, without appropriate justification, fouls committed in the period of thirty days of service.
2 fail to notify, within 24 hours of the absence, the reasons that could justify the failure to work, unless it is demonstrated that it is impossible to do so.
3. negligence in the conservation of material and installations that do not cause harm to the company. If they cause economic harm, failure can be considered serious.
4 absent from work for two days in a period of thirty days of service without cause. If the absentee has to be relieved by a companion, failure is deemed serious.
Article 76. Serious offenses.
They are serious offenses: 1. six to ten flaws in the timely assistance to the work, without appropriate justification, committed during a period of sixty days of service.
2. missing more than two days to the work during a period of thirty days of service without cause justified. Is sufficient a single missing, when by reason of the since of work that the worker or worker occupies, it not assistance cause prejudice about the attention that the subject attended requires.
3. the reiteration or the recidivism in the missing mild within a same quarter, provided that has been sanctioned and is firm.
4. neglect serious in the conservation of the material and of the installations that cause prejudice to the company. If cause a prejudice to economic relevant it failure can be considered very serious.
Article 77. Fouls very serious.
Are fouls very serious: 1. more than 15 fouls not justified of punctuality in the assistance to the work committed in the period of a year.
2. the missing unjustified to the work during three days consecutive or five alternate, committed in a period of thirty days of service.
3 neglect notorious and widespread knowledge in breach of labour and causes serious damages to the service.
4. the simulation of disease or accident, or the development of duties remunerated during the location of IT.
5. habitual drunkenness and consumption of any drug or narcotic drugs during working hours.
6. the ill-treatment of Word or work, and lack of respect or consideration, both coworkers and users of the services.
7. if pushed, regardless of their position or function, directed toward any other conduct of sexual harassment, whether verbal, physical intimidation or other (blackmail, etc.).
8. the reiteration or recidivism in serious misconduct, always committed within a quarter and that have already been sanctioned.
9. fraud, disloyalty or breach of confidence in the development of functions or tasks assigned.
Article 78. Sanctions.
Given the grade of them failures, them sanctions maximum that is can impose are: by missing mild: reprimand by written, suspension of salary and work up to three days.
For serious misconduct: Suspension of salary and work from four to fifteen days.
By very serious offence: Suspension of salary and work sixteen days to 60 days or dismissal.
All sanction must be communicated in writing to the labourer, indicating the date and the fact that motivates it. Copy of the communication should be forwarded to the legal representation of workers.
In no event may be any kind of sanction any of the following causes: to) membership of a trade union organization.
(b) have the status of representative of workers or the performance in this quality that sets the legal order.
(c) the submission of complaints or the intervention in proceedings against the employer or business of the company or entity responsible for alleged breach of the labour standards or social security.
(d) the race, sex, marital or cohabitation status in fact, religion, political opinion or social origin, sexual orientation and gender identity nor pregnancy and private moral, nor, in general, exercise free of a right recognized in the Constitution.
Article 79. Record penalties for very serious misconduct.
For a very serious sanction is considered valid must met the following procedures: 1. by written communication to the labourer and the legal representatives of workers, the start of the disciplinary record along with the sheets of charges.
2. the labourer has five working days to formulate arguments in order to defend themselves.
3. the sanction will be Executive from the moment of its notification.
4. the record sanctioning, since is start until is notify the sanction to the worker or worker not may prolong is in the time more than 45 days, but suspended them deadlines of prescription of it missing, provided in the article following.
Article 80. Prescription of them failures.
The prescription of them fouls will be: for fouls mild: after ten days working since the company has knowledge of its Commission.
For faults serious: after twenty days business since the company has knowledge of its Commission.
For faults very serious: after sixty days business since the company has knowledge of its Commission.
The sanctions, if not is had made effective after the communication timely, are cancelled in them terms following starting from the communication: in failures mild: A month.
In faults serious: two months.
In fouls very serious: three months.
If the sanctions are challenged legally, is understands that is interrupted the term of prescription of the compliance of the sanction.
Article 81. Fouls and penalties from employers or entrepreneurs.
Omissions or actions committed by companies or entities that are contrary to the provisions of this agreement, and the rest of labor provisions, are labour offences.
In any case, are all those defined and classified in the law on offences and sanctions in the social order.
Article 82. The sexual and moral harassment.
Companies or entities and the representation of staff, where appropriate, should create and maintain a workplace where respect for the dignity and freedom sexual and personal of all the people who work, keeping the preserved from any physical, psychological or moral attack.
Refers to sexual harassment, in the framework of the employment relationship, all offensive behavior and not loved by the aggrieved person and that determine a situation which affects working conditions and that creates an offensive, hostile, intimidating and humiliating work environment as well as requests for sexual favors, overtones and attitudes involving the improvement of the working conditions or the stability at the workplace to the approval or denial of such favors.
Means moral harassment, within the framework of the employment relationship, all the behaviors of the holder, managers or the rest of workers and workers to, belittle personal dignity, exert a psychological violence systematically and recurrent, for a long time, about a person or persons in the workplace.
In order avoid that is produce any attack of these features, by tiny that is, it representation labor or Union and, especially, the company and/or entity as guarantor last of it health labor in them centers of work, should: 1. ensure that in them evaluations of risks psychosocial is evaluate also them risks derived of the Organization of the work.
2. organize the work of a way healthy, through it put up of measures concrete that help a: foster the support social collective among them workers and workers, enhancing the work in team and it communication, fighting actively the insulation.
Promote the autonomy, enhancing the participation at the time of taking decisions related with them methods of work and teaching.
Ensure the respect and the try just to them people, providing stability in the employment and in the conditions of work in accordance with the functions and the rating of the since of work.
Also ensure equity and equality of opportunity in matters of hiring, wages, internal promotion among all persons, without distinction as to sex, age, race, membership of a Trade Union, sexual orientation and identity of gender, ideology, religion and any other options or circumstances of a personal nature.
Promote organizational, clarity and transparency by defining the jobs and tasks assigned to each, as well as the roles of each person.
Provide all the information necessary, suitable and sufficient for the individual development of the work and the prevention of occupational risks.
Prevent all type of manifestation of violence.
Prevent any manifestation of authoritarianism, sectarianism or dogmatism, ensuring the maintenance of the freedom of expression and the ideology of the company or entity.
The address of the company or entity must define and make public the political business of management of them resources human, that contains a declaration of reject radical of this type of performances. This statement should be included in the ideology of the company or entity in the internal regime regulations, if it is, and must be to involve users and users and their families, incorporating it in the pedagogical line.
Article 83. Protection for victims of gender-based violence.
Victims of gender-based violence are entitled, under the terms laid down in the Statute of workers, the reduction or the reorganization of its work (article 37.7 LT) time, geographical mobility and change of place of work (art. 40.3. bis and 49.1. LT m) collected in articles 16 and 17 of the Convention; the suspension of the employment relationship subject to job (art. 45.1. LT n 48.6) and the extinction of his contract (art. 52.d, and 55.5. b) the let.
Also les will be of application all them benefits for this purpose provided in the law organic 1 / 2004, of 28 of December, of measures of protection comprehensive against the violence of gender.
CHAPTER 12 Union Rights article 84. Of all the workers.
No worker or a worker can be discriminated against at any time by reason of their trade union membership, and all workers can present their views at the Center.
All worker or worker can be elector and eligible to occupy charges Union as Executive or associate, or in a section Trade Union, whenever gather them conditions legal to the effect, with a minimum of three months of antiquity.
Article 85. Of the Assembly of workers and workers.
1 it can be constituted by workers from a center of work or several centers of the company or entity.
2. must be convened by delegates and delegates of the staff, by the Committee, by a trade union section or by 30% of workers in the template.
3. the Assembly can meet in a local company or entity in hours that do not adversely affect the works of the Center and/or physical workspace, without the presence of the company or entity, which must receive a notice within forty-eight hours.
4. you must have of a Board mural for communications of type Union.
Article 86. The delegates or staff delegates and works councils.
Them delegates or delegated of personal and committees of company as representatives legal of them workers and workers in the company: 1. exert their functions in all them cases recognized by the law or provided by this, and in those others that recognizes expressly this Convention.
2 they have the right to communicate freely with all workers and workers of the company or entity and to meet outside normal working hours or having their hours of paid leave, in accordance with current legislation, with a minimum notice of 24 hours, in this second case. Between the company and the representation of them workers / as is may agree, by Covenant Express, the use of them instruments telematic so this communication between the representation legal of them workers / as and these can produce is through these media.
3. have right to receive information about all them Affairs, them projects or them decisions of the company or entity that can affect to their represented, on: situation economic of the company or entity.
Projects of records of crisis or restructuring of the template, enlargement or reduction, with one month in advance.
Intention of decisions affecting the Organization and distribution of the work collective in character, with a minimum notice of two weeks.
4. the collection of costs generated by the performance in the Trade Union functions may also negotiate in areas under the Convention.
Article 87. Trade Union section in the enterprise.
Workers and workers affiliated to a trade union or trade union centre may constitute trade union sections within the company or entity.
The unions have all the rights that the law recognizes them and who determines this Convention, including: 1. freely in the company or entity of their publications, announcements and opinions.
2. meeting on the premises of the company or entity, under the same conditions as referred to the Assembly of workers.
Article 88. Of collective bargaining.
For the purposes of collective bargaining for the agreement, the legal representatives of workers that are part of the Negotiating Committee can use the hours needed to attend meetings, warning previously and later justifying it.
Article 89. Accumulation of Union hours.
To facilitate trade union in the company or entity and the autonomous community activity, the trade unions with the right to be part of the negotiating table of the collective agreement can accumulate the hours of the different members of the works councils and, where appropriate, delegate or delegates of their organizations in those workers , delegates or members of the company that the Plants Committee to designate.
To make effective the provisions of this article, trade unions should communicate to the employer your desire to accumulate the hours of their delegate or delegates.
Companies and/or entities affected by this agreement must be made effective wages of those freed or released according to the legislation in force.
Trade unions have the obligation to inform the company or entity name his labourer released, with prior acceptance of this.
CHAPTER 13 social improvements article 90. Payment during the period of IT.
When temporary incapacity is the result of an occupational disease or work-related injuries, the worker to paid as salary supplement, on behalf of the entrepreneur, the difference that exist since the amount of the subsidy up to 100% of the monthly remuneration previous downward for temporary disability.
In them alleged of inability temporary by disease common or accident not labor, them workers and workers will have right to charge from the fourth to the twenty first day of the low the 75% of the base regulatory of the month previous to its low.
Article 91. Children / as with disability.
Them workers / as with children / as with disability physical and/or psychic or sensory, recognized, equal or superior to a 33%, have right, with the notice timely, to reduction of day and permissions of absence of the since of work for to attend to meetings or visits in them centers educational special or health where receive support. The reduction of day of work will be with the declining proportional of the wage. Workers with children with disabilities physical and/or mental and/or sensory, equal or greater than 33%, will have priority in shift changes to reconcile their schedules to the care needs of their children.
They also have the right to flexible hours to be able to reconcile the schedules of the centres of special education or other centers where the child or child with a disability receives attention.
Article 92. Clothing and material.
You will be provided to workers of team work clothes according to the needs of the service they provide, for the replacement of the same delivery of the damaged material is mandatory. Also each company will be responsible for providing all individual protective equipment safety necessary for the execution of the works.
Article 93. Civil liability insurance.
All companies and/or entities have to formalize an insurance that guarantees the civil responsibility of staff included in this agreement.
This insurance is to be extended automatically and must have a minimum of 300.000 euros amount, unless by special regulation, depending on the activity, the law dictates not another superior.
The policy must provide for free legal assistance to the labourer since the beginning of the proceedings until its completion, to the assumption that it was claimed you or could arise from civil liability against the worker or a worker accidentally produced.
Article 94. Retirement.
In this respect it will be to the current Spanish legislation.
However, enterprises or entities and their employees and affected workers / os by the present collective agreement, by mutual agreement, may deal with systems of early retirements that existing legislation.
It also sets the formula for relief, in accordance with the legislation in force contract.
CHAPTER 14 safety and occupational health article 95. Occupational health and safety. Information workers and general principles.
Centres, companies and the staff of these fall within the scope of application of this Convention undertake to apply the current legal framework, and comply with the provisions contained in the law 31/1995 of 8 November, on prevention of risks occupational safety and occupational health and the regulations that develop it. Also, ensure by the quality of the service of those specialties of prevention of risks labor and health labor that are concerted with them services of prevention of risks labor outside.
Information to workers: in order to comply with the duty of protection set out in article 18 of the law of prevention of occupational risks (LPRL) enterprises will adopt appropriate measures so that workers receive all the necessary information regarding: 1. the security risks and health affecting the company as a whole and for each type of job or function.
2. the measures and activities of protection and prevention applicable to them risks indicated in the paragraph above.
3. the emergency measures adopted in accordance with the provisions of article 20 of the LPRL.
The information to is refers to the present article is will facilitate by the company to the workers and workers through their representatives in matter of prevention; However, you must be informed directly each labourer of the specific risks relating to his work or function and measures of protection and prevention applicable to such risks.
Them companies, through the address of them different centers of work is committed to communicate to all worker or working them measures preventive that should adopt is where exist risk of collapse diseases derived of the contact with users of the Center, as well as other information that had as objective the Elimination of said risk.
All these measures safeguard the right to privacy of all users of the centers of the companies.
Article 96. Health surveillance.
1. surveillance of the health.-the company will ensure the surveillance periodic of the health of them workers and workers through honors medical specific depending on them risks inherent to the work that made and to the environment labour in that is develop. These awards were made in accordance with protocols established by the Ministry of health and Social policy in terms of content and periodicity.
In any case will take place respecting the right to privacy, the dignity of the person and the confidentiality of the information related to your state of health. The company not may have knowledge of the content concrete of them tests medical or of its result without the consent express and reliable of the worker or working, or may use such information with late discriminatory in prejudice of the worker or working.
Medical examinations will be voluntary, except when, following a report from the Committee on safety and health, it is essential to assess the State of health of the labourer to verify if the State of health of them can be a hazard to themselves, others, or others associated with the company.
Them workers and workers that perform works in the shift of night in periods long of more than six months in a same year, may request of way voluntary and every six months a recognition specific that collect a study of your situation physical and psychic.
In accordance with the legislation currently in force, health monitoring will be free for the labourer, assuming the company the cost of any measure relating to safety and health at work resulting from the different risk assessments.
Consequence of it previous, the realization of them honors medical will be within the day labor, in case of not be within it day labor, is will compensate the time invested in the same, including the time of displacement.
2. assessment of risks. - the company to carry out the prevention of occupational risks through the initial evaluation of the risks and the adoption of measures necessary for the protection of the safety and health of workers, through the Constitution of an organisation and the means in the terms established in chapter IV of the law of prevention of occupational risks.
These workplace risk assessments will be conducted by the senior technicians that are part of the prevention service of the company or in their absence of the external prevention service. Risk assessments will be reviewed and consulted with the prevention of each Center delegates before being reflected in the Plan of prevention.
3 diseases professionals. - refers to occupational disease the collapsed as a result of the work executed employed in activities that are specified in the table of occupational diseases which is approved by the provisions of application and development of the General Social Security Act, and that it is caused by the action of the elements or substances in said table are indicated for each occupational disease. The system of notification and registration will be provided by the RD 1299 / 2006 of 10 November.
The company will pay special attention and analyze factors of psychosocial risks in risk assessments and organizational, studying and assessing the situations of stress and bullying that occur at work. Also implemented stress prevention programs.
Also will incorporate the knowledge and management of casualties to be able to relate cause and risks to health.
The signatory parties, by virtue of the provisions of article 22 of the law of prevention of occupational risks, in relation to article 116 of the General Social Security Act, undertake to be interested in the incorporation, through the corresponding procedure, new diseases related to the sector of leisure education and socio-cultural animation in the box of occupational diseases that law to which end they shall encourage the necessary through the ministries of labour and health.
4. protection of health. - the company will adopt the measures necessary for the protection of the safety and health of workers, including prevention of occupational hazards, information and training activities.
Shall be adopted, specifically, preventive measures in order to avoid the effects of specific working conditions that can cause damage to health or physical or mental integrity of the labourer. The company will ensure proper ergonomics in the workplace.
The company is committed also a: design strategies that allow integrate it perspective environmental in all them areas educational, flexible them curricula and schedules for favor the incorporation of projects of education environmental and devote time enough for its realization.
To promote the design and planning of environmental education activities around the Center projects that take into account environmental needs.
Promote and facilitate practices educational that imply commitments and actions real to solve those problems environmental.
Seek the support and cooperation of other agencies related to the environment.
Develop an environmental purchasing policy that values the suppliers of raw materials, machinery, etc. that have certified environmental management systems.
Article 97. Protection of workers particularly sensitive to certain risks.
The company in accordance with article 25 of the LPRL, will ensure the protection of the workers, who are particularly sensitive to the potential risks arising from work by their own personal characteristics or known biological state, specifically. For this, is must have in has such features personal in the assessments of risks, and depending on these, is shall take the measures preventive and of protection necessary.
Workers, shall not be employed in those jobs in which, because of their personal characteristics, physical, mental or sensory disability duly recognized, could endanger or cause damage to themselves, to other workers or other people associated with the company.
Article 98. Plans of self-protection.
The personal will adopt the plans of self-protection established in each center of work.
1. all the centers of work should count with a plan of emergency updated that include the plan of evacuation, in accordance with the R.D. 485 / 1997, of 14 of April, on provisions minimum in matter of signaling of safety and health in the work.
2. the self-protection plan will inspire in the Royal Decree 393/2007 which approves the basic standard of self-defense centers, settlements and buildings, devoted to activities that may give rise to emergency situations: as in the law of 21 January 1985 ("BOE» of January 25) on civil protection. The Committee on safety and health, or in their absence, the delegate for prevention, will participate in the preparation, implementation and evaluation of plans and programs of prevention. Also, and as established them provisions legal listed is held annually drills of evacuation and will be revised and modified both depending on their efficiency as when is change or alter any of them places or jobs of work.
3 sets the term of six months from the signing of the agreement, to develop a plan of self-protection of each workplace.
Article 99. Delegates / ACE of prevention.
The delegates of prevention are the representation of workers with specific functions in the field of prevention of occupational risks.
Will be designated by and between the representation of the workers and working according to the article 35 of the law of prevention of risks labour.
Competences and powers of the delegates of prevention shall be those defined in article 36 of the law of prevention of occupational risks.
Prevention delegates have the right to access and copy of all the documentation that is required for the exercise of their functions in relation to the Plan of prevention of the Centre, as well as emergency and evacuation Plan.
Them delegates of prevention will receive them diets corresponding to the expenses of displacement derived of the exercise of their functions, to charge of the company.
Delegates time credit of prevention: the time credit of the delegates of prevention will be which corresponds to them as representative of workers in this specific matter, in accordance with the prevented in article 68 of the Statute of workers and in article 37 of the 31/1995 law of prevention of occupational risks, and , also the time required for the development of all its functions.
(Not is fall to the credit schedule the time necessary for the development of the following committed: to) the corresponding to the meetings of the Committee of security and health.
(b) the corresponding to meetings convened by the employer or entrepreneur in the field of risk prevention.
(c) the intended to accompany to the technical in the assessments of character preventive.
e) the intended to accompany the inspection of labour and Social Security on visits to the work center.
(f) the derived of the visit to the center of work to know the circumstances that have given place to a damage in the health of them workers and workers.
(g) intended for their training.
Training: the training is must facilitate by it company by their own media or through concert with agencies or entities specialized in the matter and must adapt is to it evolution of them risks and to the appearance of others new.
They will receive, at a minimum, a formation of 30 hours for their initial training, regardless of the hours aimed at continuing education reflected in the Convention.
Health and safety committees: the health and safety Committee is the joint and collegiate organ of representation and participation, intended for regular consultation on the performances of workplaces in the field of prevention of occupational risks.
A health and safety Committee will be established in all undertakings and workplaces with 50 or more workers and workers.
He Committee will be formed by the delegates of prevention, of a part, and by the entrepreneur and/or their representatives in number equal to the of them delegates of prevention, of the other.
The health and safety Committee will meet bi-monthly and whenever any of the representations of the same request.
Meetings as a matter of urgency may also convene where the importance or seriousness of the case imply the existence of an imminent risk to the safety and health of workers, facilities or the environment.
Safety and health committees will have skills and abilities that set out in article 39 of the law of prevention of occupational risks.
Article 100. Training in occupational health.
Within the training plans that companies, centers and entities should undertake annually and in accordance with article 19 of the law of prevention of occupational hazards will be provided to each of the workers a theoretical and practical training, sufficient and appropriate, established in the Prevention Plan in the company, which shall be charged with charge to the hours of training laid down in the collective agreement. This training, as sets the art. 19.2 of the law of prevention of risks labour, must impart is whenever is possible within the day of work, or in its defect, in others hours but with the discount in that of the time invested in the same.
The training will be provided both at the time of recruitment, such as when changes in duties or changes or new technologies are introduced into the teams which can result in a risk to the worker, to colleagues or third parties. Training should be specifically focused on your job and adapt to the risk assessment.
Article 101. Joint sectoral body for the promotion of health and safety at work between 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 April 2015, and within the framework of the actions foreseen in its objectives included, strengthening the role of the social partners and the involvement of employers and workers in the improvement of the safety and health at work.
This State sectoral joint body will search for lines of action that promote the involvement of employers and workers and their representatives in preventive activities in the company, thereby favouring an integrated preventive management.
These lines of action must have the dual purpose of, on the one hand, promote the implementation of the preventive obligations business, facilitate the effective exercise of the rights of information, consultation and participation of workers in the field of prevention of occupational risks, and promote the fulfilment of the obligations thereof in the field of prevention of occupational risks and their cooperation with the employer.
To this end, the parties have decided to constitute 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. Constitution remembers a specific organ for the promotion of health and safety at work, of joint character and State level in the sector of leisure education and socio-cultural animation that it will develop programmes aiming to disclose and report of occupational risks existing in the sector, as well as rights and preventive obligations of employers and workers, and the promotion of preventive actions.
2. this body will assume all competencies referred to in the Spanish strategy for safety and health at work (2015-2020) and provisions of development, in its case, and perform actions, actions, planning, visits, projects, reports, etc., they are accurate, as well as an annual assessment to analyze the preventive effects of the programs.
3. the body is called «Joint sectoral body for the promotion of health and safety at work in the Sector of leisure education and socio-cultural animation».
The State sectoral joint body functions are as follows: to) disclosure and information about occupational risks existing in the sector of leisure education and socio-cultural animation, as well as rights and preventive obligations of employers and workers in this matter.
(b) propose the strategy, programmes of action and formulate plans to continue to promote health and safety in the sector.
(c) establish training programmes and content-specific in terms of health and safety of workers in the sector.
(d) elaboration of a memory annual.
(e) evaluation annual of them effects preventive of those programs and actions that are carried out.
(f) monitoring of the accident labor and elaboration of statistics own of accidents serious and deadly.
(g) Organization and control general of visits to the companies with templates between 6 and 50 workers / as that lack of representation of those workers and workers. The performances or tasks to develop not should interfere in them of them services of prevention (own or outside) or of others entities preventive that provide support to the companies.
(h) proposals of solutions for the reduction of the accidents.
(i) seek from the Ministry of labour and immigration, as well as the autonomous governments, official recognition as a sectoral social partner in the field of safety and health, both in its legislative aspect and in the development of plans and training measures.
The headquarters of the organ joint sectoral for the promotion of the safety and health in the Sector of leisure educational and animation socio-cultural is establish of form simultaneous in each an of them headquarters of them organizations signatory.
Composition: 1. the joint body is made up of the signatories to this Convention, and shall have at least one representative of each of the signatories to the Convention, being equal to the number of components of the social, as the employer part part.
2. at the first meeting that is held it will appoint a Chairman and a Secretary from among its members. Them charges of President and Secretary will be rotating, each year, relapsing Alternately, in a representative of the employer and in a representative of them organizations Trade Union. If the presidency lies for a year with the employer, the secretariat will fall on the social side, and on the contrary, when the Presidency falls on the social part, the secretariat will rely on the employer side.
3. the representatives designated in the paragraph 1 of the composition may attend to them meetings accompanied of them advisers that consider necessary.
Appointments: The members of the joint body shall be designated by organizations who represent, on the one hand by the different employer signatories of the Convention, and on the other hand by the various trade union organizations of the present Convention.
Their members shall exercise its mandate of representation by a period of four years, can be re-elected by periods of equal duration, except for the Presidency and the Secretariat, whose mandate will be of 1 year, according to it willing previously (point 2 of the composition).
CHAPTER 15 provisions first additional provision. Articulation of negotiation through the recognition of pre-existing collective agreements in their functional areas of concurrent with the functional scope of the second Convention framework State educational entertainment and socio-cultural animation.
The need of cohesion and organization of the field State of negotiation collective, forced to the concordance and recognition of them conventions collective pre-existing to the first Convention frame State of leisure education and of animation socio-cultural.
This second collective agreement State educational entertainment and socio-cultural framework articulates and vertebra future collective bargaining in the sector, while respecting the provisions of articles 83 and 84 of the Statute of workers.
Thus are expressly recognized as agreements existing to this second Convention collective framework State of educational leisure and Sociocultural animation, which already were in the first Convention collective framework State of educational leisure and Sociocultural animation in concurrent functional areas: Conveni collective in the sector of the Lleure Educatiu i Catalunya Sociocultural.
Code Convention No. 79002295012003.
Territorial collective of Bizkaia in the sector of Social intervention.
Code Convention No. 48006185012006.
Collective agreement for companies in the Sector of hospitality of Alava.
Code of Convention No. 01000755011981.
Collective agreement of hospitality of Gipuzkoa from 2008-2010.
Code of Convention No. 20000705011981.
Collective agreement for the sector of catering of Bizkaia.
Code of Convention No. 48001205011981.
Collective agreement of companies awarding of the accompaniment of school transportation and service courtyard caretakers dependent on the Department of education, universities and research of the Basque Government for the years 2004, 2005, 2006, 2007, 2008 and 2009 for the school years (until August 31, 2009).
Code of Convention No. 86002445012005.
Collective agreement of companies of communities in school canteens of direct management dependent on the Department of education, universities and research of the Government Basque for the years 2003, 2004, 2005, 2006 and 2007 for the school years (up to August 31, 2008).
Convention No. 86002235012003 code.
Collective agreement for the sector of playgrounds and leisure time in Aragon.
Convention No. 72000185012002 code.
Without prejudice to exclude any other collective agreement that could exist in lower areas.
Second additional provision. No dissemination of data personal.
Dissemination of personal data shall be subject to law 15/1999, of 13 December, of protection of data.
Provision additional third. Adaptation to the regulations.
The legislative amendments that may occur will apply during the term of this agreement.
Provision additional fourth. Table technique.
The period of three months from the entry into force of this agreement, will create a technical table for the promotion of the Convention, constituted by a representative organization signatory of the Convention, with the function of promoting their compliance to companies, workers and Governments, exercising on behalf of the Joint Commission and the organizations comprising the legal actions and all orders that are accurate for this purpose.
This technical table meetings will be quarterly, except cases of need that require more often. An internal regulation that defines the functions and powers of this table will be created.
Within them functions that has this table, is the study and adaptation of the categories professional defined in this Convention, and their adaptation to the catalogue national of qualifications professional. The parts is committed to have said study finished, during the first year of validity of the present Convention.
Provision additional fifth.
The Joint Commission of the Convention will ensure the effective implementation of the same in all areas, avoiding any practices to circumvent compliance, and shall exercise appropriate action to that end, promoting companies, workers and public administrations is subject to the same.
CHAPTER 16 annexes ANNEX 1 classification professional group I. Personal management is personnel with direct responsibility and decision-making that affects the whole of the company.
A/Director/Manager: Is who, to the most high-level assumes global objectives within the company and is responsible for them, planning, organizing and managing all the departments and programs, and understanding among its functions analysis, planning, organization, execution and control of the activities to be carried out.
Group II. Managers and management is the personnel that directs to specific areas of the entity responsible, managing resources, both in the design, follow-up and elaboration of projects of the company.
Department head/a: is the one who fulfill the requirements for training or experience required, is responsible for the direction and coordination of a functional or strategic area of the company.
Director for programs and equipment: is who, fulfilling the requirements of training or experience required performs and manages programmes ludico-educativos and sociocultural, understanding its functions both the preparation of reports, the management of budgets and the human resources assigned to them and the relations with the client with a high degree of autonomy.
Coordinator/a pedagogical projects, leisure and free time: is the one who oversees the coordinators from the different sites and projects of their assigned area, within the pedagogical framework established by the company and / or entity, as well as monitoring of contacts with clients, organize meetings, control and manage the material, and develop memories.
Entitled grade: is who gathering graduate of grade requirement, performs complex tasks and impact, develops programs and technical applications in production, services or administration requiring specific qualifications of degree, as specified in the administrative rules that govern them.
Is you requires demonstrate a high level of competencies in matter of planning and programming, development of other people and takes of decisions, besides them competencies cross common to the sector.
Technical / to of management: is who has to his charge the design and the Organization of projects educational, pedagogical, of the company or entity. Depending on it, them different functions of design and execution, being tanto of the legislation and the provisions official. Likewise, will be responsible of the tasks administrative and of management to give coverage to the design and organization of such projects.
Group III. Personal direct care in facilities of culture of proximity and socio-cultural projects is the staff having direct responsibility in development projects and has a hotline with the users.
Socio-cultural animator/a: is who, gathering the corresponding training, develops practical aspects of a program or project, exercising its function of dynamic, having a global vision of the medium in which he works allowing you to planning, managing and evaluating community development programs in the field of socio-cultural entertainment.
Mediator to intercultural education: is who, gathering the corresponding specific and specialized training, exercises functions of planning, management and evaluation in intercultural programs, facilitating communication between different cultures, always within socio-cultural programmes.
Expert / to in workshops: is who teaches workshops and activities in equipment cultural, sports, educational and is in charge of run and develop them content that you are entrusted by the project in which is marks its activity. Performs an educational work, following methodological and pedagogical guidelines specific to the project. Required of a high and consistent level of training, both to level theoretical as practical, backed by degrees or certified official and/or experience accredited.
Youth informer/a: is the one who develops his professional activity in the areas: information, guidance, counseling, documentation, dynamic, socio-educational, socio-cultural, communication, dissemination, networking, training, coordination, within the framework of a project. May develop its task in any organization that contemplate the realization of programs of information, with support and direction of a professional of level upper, if it has.
Informer/a: is who, being in possession of the required qualification, performs outreach and socio-cultural information (from civic centers, cultural events and any other assimilated specialty).
Technician/a specialist: one who, gathering the necessary training, is hired to perform a specific function of your qualification that can be executed with autonomy, as well as the knowledge and skills needed to use instruments and techniques necessary for the development of the project concerned. May develop its task in any organization that contemplate the realization of programs of the field functional of the Convention, with support and direction of a professional of level top.
Group IV. Personal care direct is the staff having direct attention with the users.
Coordinator / to of activities and projects of Center: is it person that with it degree required and/or experience accredited, coordinates the team of monitors / as of leisure educational in the joint of their functions in the center of work: organizes meetings with the team of monitors / as of leisure educational, the address of the Center, the families of them users; It controls and manages the budget and material; elaborates them memories and ensures the correct coordination between the project pedagogical of the activity to your charge and the project pedagogical of Center, having presence continued in the same or in the space physical where is develops it activity.
Monitor for educational entertainment and leisure: is the person who, with the academic qualifications required by the legislation and/or experience in the activity, stimulates the development of the programs of educational entertainment or leisure, within the pedagogical framework established by the activity in accordance with the legislation in force, transmitting their knowledge, methods and strategies , directed to the development group and individual of their components.
This category is applicable to staff in the following jobs, among others: monitor/a morning classroom, school transport, school room, programs and projects in the natural environment, extracurricular activities, colonies and camps, holiday activities and other assimilated within the framework of educational leisure and socio-cultural animation.
Group V. Personal of administration official administrative: is the person responsible of the tasks administrative and that can assume the address of others / as workers / as or auxiliary administrative.
Commercial agent: one who is dedicated to the promotion and sale of services of educational and socio-cultural entertainment of the company, under the supervision of the holder of this.
Auxiliary administrative / a: is it person that, under the orders of his immediate upper, performs functions administrative bureaucratic.
Receptionist/telephone operator: Is the one who, during their workday serves, preferably the switchboard and bureaucratic or reception issues.
Group VI. General Service staff is staff responsible for the additional services to the educational activity and socio-cultural animation.
Cook/a: is the Manager for the preparation of food are responsible their good condition and presentation, as well as the cleanliness of the premises and kitchen utensils.
Kitchen Assistant/a: is who, under the orders of the Cook, helps him in his duties.
Driver/a: is the one who provided permission license of the appropriate class, is entrusted driving and caring for its normal functioning.
A employee of maintenance: is who, with experience or specific qualifications required by the legislation, develops the functions of care, repair and maintenance of the elements of the property.
Employee / to of cleaning: is the person that performs the cleaning of the areas assigned.
Auxiliary of services General: is who distributes, reproduces and transmits the information and documentation required in them tasks administrative and of management, internal and external, as well as perform procedures elementary of verification of data and documents to requirement of technical of level higher with efficiency, in accordance with instructions or procedures established.
This category would include the since of goalkeeper / to, caretaker / a, Taquillero / to and driver / to of rooms.
ANNEX 2 table of equivalences between categories existing and new groups professional and positions of work I CC frame State leisure educational and animation Sociocultural II CC frame State leisure educational and animation socio-cultural group I. Personal management.
Director / to-Manager.
Director / to-Manager.
Group II. Personal management and of management.
Head / to's Department.
Head / to's Department.
Director / to of programs and facilities.
Director / to of programs and facilities.
Coordinator / to from projects educational, leisure and time free.
Coordinator / to of project teaching, leisure education and time free.
Entitled for grade.
Technical / to of management socio-cultural.
Technical / to from management.
Group III. Personal of attention directly on equipment of culture of proximity and projects socio-cultural.
Mediator to Intercultural education.
Expert at workshops.
Expert / to in workshops.
Informer / to youth.
Technical / a of information.
Informer / to.
Entitled / a of degree.
Technical / to specialist.
Driver for rooms.
Group IV. Direct staff in educational recreation and leisure.
Coordinator for activities and projects of Center (Group III).
Coordinator for activities and projects of the Centre.
Monitor for educational entertainment and leisure time (Group III).
Monitor for educational entertainment and leisure time.
V. personnel administration group.
Technician in administrative management (Group IV).
Official administrative/a (Group IV).
Commercial agent (Group IV).
Administrative Assistant (Group IV).
Receptionist/telephone operator (Group IV).
Group VI. General Service staff.
Cook/a (Group V).
Assistant Cook (Group V).
Assistant / to's kitchen.
Driver / a (Group V).
Driver / to.
Technical / to of maintenance (Group V).
Employee / a of maintenance.
Cleaner / to (Group V).
Employee / a of cleaning.
General Service Assistant.
APPENDIX 3 here an image appears in the original. See the PDF document official and authentic.
ANNEX 4 tables wage year 2014. From October 1 to December 31.
Year 2015. From January 1 to July 31 (I) categories according to II CC State framework educational entertainment and animation socio-cultural monthly salary - € gross annual salary - € group I. managers.
Manager to Manager.
1.420,91 19.892,73 Group II. Managers and management.
1.243,30 17.406,14 director for programs and equipment.
Coordinator / to of project teaching, of leisure and time free.
1.198,89 16.784,49 grade degree.
1.198,89 16.784,49 technician for management.
1.198,89. 16.784,49 group III. Direct staff in facilities of culture of proximity and socio-cultural projects.
Technical / to specialist.
1.154,49 16.162,84 animator/a Sociocultural.
1.110,09 15.541,20 mediator to Intercultural education.
1.110,09 15.541,20 expert / to in workshops or workshops.
1.043,48 14.608,72 informant to youth.
1.043,48 14.608,72 informant / to.
932,47 13.054,61 Group IV. Staff of care direct.
Coordinator for activities and projects of the Centre.
1.065,68 14.919,55 monitor / to of leisure education and time free.
932,47 13.054,61 Group V. Administration staff.
932,47 13.054,61 administrative officer.
932,47 13.054,61 auxiliary administrative.
843,67 11.811,31 receptionist / telephone operator.
843,67 11.811,31 Group VI. Staff of services General.
1.110,09 15.541,20 Assistant to kitchen.
929,37 13.011,23 employee / a of maintenance.
763,74 10.692,35 employee for cleaning.
763,74 10.692,35 General Services Assistant.
763,74 10.692,35 year 2015. From the 1 of August to the 31 of December (II) categories according to II CC frame State leisure educational and animation socio-cultural salary monthly-€ salary gross annual-€ Group I. Personal management.
Director / to Manager.
1.428,01 19.992,19 Group II. Personal management and of management.
Head / to's Department.
1.249,51 17.493,17 director / to of programs and facilities.
1.249,51 17.493,17 Coordinator / to of project teaching, of leisure and time free.
1.204,89 16.868,42 entitled / a of degree.
1.204,89 16.868,42 technical / to from management.
1.204,89. 16.868,42 Group III. Direct staff in facilities of culture of proximity and socio-cultural projects.
1.160,26 16.243,66 animator/a Sociocultural.
1.115,64 15.618,91 mediator to Intercultural education.
1.115,64 15.618,91 expert workshops or workshop instructor.
1.048,70 14.681,76 informant to youth.
1.048,70 14.681,76 informant/a.
937,13 13.119,88 Group IV. Direct care staff.
Coordinator for activities and projects of the Centre.
1.071,01 14.994,14 monitor for educational entertainment and free time.
937,13 13.119,88 Group V. Administration staff.
937,13 13.119,88 administrative officer.
937,13 13.119,88 Administrative Assistant.
847,88 11.870,37 receptionist / telephone operator.
847,88 11.870,37 Group VI. General Service personnel.
1.115,64 15.618,91 Assistant to kitchen.
934,02 13.076,29 employee / a of maintenance.
767,56 10.745,81 driver / to.
767,56 10.745,81 employee / a of cleaning.
767,56 10.745,81 auxiliary of services General.
767,56 10.745,81 year 2016. From the 1 of January to the 31 of December categories according to II CC frame State leisure educational and animation socio-cultural salary monthly-€ salary gross annual-€ Group I. Personal management.
Director / to Manager.
1.435,15 20.092,15 group II. Personal management and of management.
1.255,76 17.580,63 director for programs and equipment.
1.255,76 17.580,63 Coordinator/a pedagogical projects, leisure and free time.
1.210,91 16.952,76 entitled to grade.
1.210,91 16.952,76 technician for management.
1.210,91. 16.952,76 Group III. Direct staff in facilities of culture of proximity and socio-cultural projects.
1.166,06 16.324,87 animator/a Sociocultural.
1.121,21 15.697,00 mediator to Intercultural education.
1.121,21 15.697,00 expert workshops or workshop instructor.
1.053,94 14.755,17 informant / to youth.
1.053,94 14.755,17 informant / to.
941,82 13.185,48 Group IV. Staff of care direct.
Coordinator / to's activities and projects of Center.
1.076,37 15.069,12 monitor / to of leisure education and time free.
941,82 13.185,48 Group V. staff of administration.
941,82 13.185,48 official administrative.
941,82 13.185,48 Administrative Assistant.
852,12 11.929,72 receptionist / telephone operator.
852,12 11.929,72 Group VI. General Service personnel.
1.121,21 15.697,00 Assistant to kitchen.
938,69 13.141,67 employee for maintenance.
771,40 10.799,54 employee for cleaning.
771,40 10.799,54 General Services Assistant.
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