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Resolution Of 3 July 2015, Of The Directorate-General Of Employment, Which Is Recorded And Published The National Collective Agreement In The Sector Of Bread Flour And Semolina 2015, 2016.

Original Language Title: Resolución de 3 de julio de 2015, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo nacional del sector de harinas panificables y sémolas 2015, 2016.

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Having regard to the text of the national collective agreement of the flour and meal sector 2015, 2016 (convention code No. 99002455011981), which was signed on 11 March 2015, on the one hand, by the Association of Manufacturers of Harinas and Semolas of Spain representing companies in the sector, and of another, by the union FEAGRA-CC. OO. on behalf of the workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text, approved by Royal Legislative Decree 1/1995 of 24 March, and in the Royal Decree Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:


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


Arrange your publication in the "Official State Bulletin".

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




Art. 1. Functional.

This Convention regulates the relationship between the companies engaged in the manufacture of flours and semolas and the personnel who provide their services.

Art. 2. No. Staff.

The Convention affects all workers employed in the work centres of the Spanish flour and meal industries.

Art. 3. Territorial.

The rules of this Convention shall apply in all provinces of the Spanish territory.

Art. 4. Temporary.

a) Vigency. From 1 January 2015 to 31 December 2016.

b) Form and reporting conditions of the convention.

This Convention shall be extended for periods of one year, provided that it does not mediate the timely denunciation, with a minimum of one month in advance. The representation making the complaint shall communicate it to the other party, expressing in detail in the communication, which shall be in writing, the legitimization it holds, the areas of the convention and the subjects under negotiation. The communication must be carried out simultaneously with the act of the complaint. From this communication, a copy, for the purposes of registration, shall be sent to the corresponding labour authority.

c) Maximum time for the start of the negotiation.

Once the Convention has been denounced, within a maximum of one month from the date of the communication, the negotiating commission will be set up. The receiving party of the communication must respond to the proposal for negotiation and both parties will establish a timetable or negotiation plan, and it must start within a maximum of fifteen days after the constitution of the commission. negotiation.

d) Maximum time for negotiation.

The maximum period for negotiation will be determined according to the duration of the validity of the previous agreement. This period shall be 12 months when the validity of the previous year has been two or more years, from the date of the end of the previous agreement.

Exhausted the maximum period for negotiation, the parties will be able to voluntarily adhere to the procedures of the Interconfederal Mediation and Arbitration Service (SIMA), in order to effectively solve the existing discrepancies. after the end of the maximum negotiation period without reaching an agreement.

e) Ultraactivity.

The parties expressly agree that, irrespective of the time of the negotiations, the entire content of this Convention and its annexes shall remain in force and full application, until the signature of a new convention is reached. replace it.


General provisions

Art. 5. The concurrency structure and rules.

1. Structure of collective bargaining in the sector:

By virtue of this Convention and in accordance with Article 83.2 of the Workers ' Statute, the structure of collective bargaining in the sector of Panifiables and Semolas, is articulated at the following levels: convention nouns:

(a) State Convention of the Breadmaking Flour Sector and Semolas: its content regulates the general working conditions to be applied throughout the sector and with the validity that is established in the Convention itself.

(b) Collective Agreements and Agreements: the content to be negotiated in this negotiating unit shall be on the development or adaptation of matters of this State Convention, when it is established by express remission. They shall be the subject of negotiation by means of collective agreements of undertakings, matters not covered by this State Convention. This is without prejudice to the provisions of Article 84.2 of the Treaty.

With the stated structure, the signatory parties consider sufficiently covered, within the statutory framework, the collective bargaining in the sector of Panifiables and Semolas.

2. Concurrency rules.

This Convention, has a preference for all and each of its contents, with respect to other lower-level bargaining units. Without prejudice to the provisions of Article 84.2 of


Therefore, given the character of the exclusive rule and in the attention of its singular nature, the matters which are established in this Convention, may not be negotiated in lower bargaining units, either sectorial or company, except as set out in the preceding paragraphs.

Art. 6. º

In any case not provided for in this Convention, it shall be subject to the applicable laws of enforced application.

Art. 7. º Effectiveness, signatory parties and binding to the whole.

7.1 Effectiveness and signers.

This Collective Agreement has general rules and effectiveness, in accordance with the provisions of Title III of the Workers 'Statute, with the signatories being the employers' association, AFHSE, and FEAGRA-CC. OO. for the union side, as more representative organizations at the state level in the sector. As from its entry into force, the matters provided for in this Convention are regulated in full and exclusively in accordance with the terms laid down here, and the legislation in force.

7.2 Link to all.

The conditions agreed in this Convention, whatever their nature and content, form an organic and indivisible whole and, for the purposes of their practical application, shall be considered as a whole, assuming the parties ' compliance with the whole of the same.

On the assumption that the competent authority or jurisdiction, in use of the powers that are of its own, will not approve or resolve to leave out some of the clauses of this Convention. The signatory parties to this Convention shall meet within 10 working days of the determination of the relevant resolution in order to resolve the problem raised. If within forty-five working days from the date of the finality of the resolution in question, they have not reached an agreement, the signatory parties shall go to the SIMA mediation services and to persist the discrepancies and the Disagreement on the act of the same, shall be subject to the arbitration decision through the Fifth Agreement on the Autonomous Settlement of Conflicts.

Art. 8. Individual Guarantees.

The working conditions above those laid down in this Convention, considered as a whole and annual computation, shall be respected individually. Such a guarantee shall be of a personal nature only, without it being understood as being linked to a job, professional categories and other circumstances, so that the staff of the new income may not claim the conditions more beneficial to the benefit of the workers who previously employed the jobs to which they are intended or promoted.

Art. 9. Economic conditions prior to the entry into force of the Convention.

All remuneration concepts existing in undertakings prior to the entry into force of this Convention shall be compensable and absorbable with the conditions agreed in this Convention. For these purposes, the provisions of the previous Article shall be provided.

Art. 10. No Conditions after the Convention enters into force.

The future legal provisions that will lead to a variation in all or some of the existing remuneration concepts at the date of the enactment of the new provisions or which involve the creation of new, unique and exclusively have practical effectiveness as soon as they exceed the total level of this Convention, considered in full and in annual computation. Otherwise, they shall be deemed to be absorbed by the terms of this Convention.


Practical organization of the job.

Art. 11. The practical organization of the work corresponds to the management of the Company.

A worker who performs higher-class functions than those corresponding to the professional category that he/she has recognised-for a period of more than three months for a year, or six for two years-can claim against the address of the Company the appropriate professional classification.

The exercise of this right implies a demonstration of your competence and responsibility in the performance of the charge, in accordance with the professional category you perform.

Against the Company's refusal and prior report of the Committee or, if applicable, of the Staff Delegates, it may claim before the competent jurisdiction.

When performing higher-category functions, but not legally or conveniently the promotion, the worker shall be entitled to the retributive difference between the assigned category and the function that he effectively performs.

If, for the purposes of the productive activity, the employer needs to assign a worker to tasks corresponding to his or her lower category, he/she can only do so for the necessary time, keeping the remuneration and other rights derived from its professional category, and communicating it to the legal representatives of the employees.

Art. 12. º Loading and unloading.

For the loading, unloading and stowage of the trims, flours, semi-waves and by-products, the packages shall not exceed a weight of 50 kilograms and provided that the packages exceed 40 kilograms net of unit weight, they shall be handled by two workers. The stacking of the sacks in the work or warehouse of the clients may not exceed ten heights.

In the unloading of trucks, when the distance between them and the customer's warehouse exceeds 20 meters, a truck, or similar vehicle, will be made available to the workers to facilitate the unloading.


Job Regime

Art. 13. Extraordinary Hours.

The criterion of principle of absolute abolition of the usual overtime is established with the aim of strengthening, as far as possible, the promotion of recruitment, stability in employment and the improvement of quality of life. this.

You will be able to work, however, within the limits and conditions of the art. 35º of the Workers ' Statute, the extraordinary hours required for periods or orders of production, unforeseen absences, shift changes, load termination of trucks, or required by other circumstances arising from the nature of the harinera activity.

Extraordinary hours on local public holidays and public holidays will be exceptional and can only be established when the technical and organisational reasons provided for in Article 47 of the Royal Decree are met. 2001/1983 of 28 July. These overtime hours shall be remunerated by reason of 3 for 1, the employer being the one who decides, within 15 days immediately after completion, if they are paid or offset by days of rest. After that period, without the employer having said that, it shall be the worker himself who takes the decision.

The Company's management will report monthly to the Company or Staff Delegate Committees on the number of overtime hours, specifying the causes and the distribution by sections. Likewise, according to this information and the above criteria, the Company and the legal representatives of the workers will determine the nature and nature of the overtime.

They shall not be counted as overtime, nor shall they be taken into account for the purposes of the maximum ordinary working life, nor for the calculation of the maximum number of the authorised overtime, without prejudice to their payment as if treat overtime, excess work to prevent or repair claims or other extraordinary or urgent damages.

Art. 14. º Hours of presence.

They will be in full accordance with the Royal Decree of the Ministry of Labour and Social Affairs 1561/95 of 21 September.

In accordance with the provisions of Article 8.1 of the said Royal Decree, it shall be considered in any event effective working time that in which the worker is at the disposal of the employer and in the exercise of his activity, carrying out the functions of the vehicle or other auxiliary work carried out in connection with the vehicle or its load. They are established as hours of presence for the driver and for the discharge staff accompanying the driver, those who exceed the legal day established and up to an maximum of eleven hours, including in these the time of the truck stop for the lunch, lunch etc. The hours of presence shall be paid as normal hours and those in excess of the eleven shall be paid as overtime or be compensated in time of rest. Presence times may not exceed 20 weekly average hours in a reference period of one month.

Compensation in time of rest and enjoyment: The worker shall have the right to be compensated for each hour exceeding eleven, with one hour and thirty minutes of rest period. The hours compensated for breaks may be accumulated up to 8 hours. For the benefit of the worker, the worker shall pre-notify the undertaking at least 15 days in advance of the date on which he or she shall enjoy the rest period and shall be granted.

Art. 15. Vacation.

Workers will enjoy 31 calendar days of vacation per year, always in proportion to the time effectively worked in the 12 months prior to their enjoyment, which will be paid on the base salary, increased in the The percentage of the age that corresponds to each one (this increase will not occur in the contracts signed after 1 January 1995), plus convention and plus of nocturnity, excluding overtime and other concepts. For the purpose of the calculation, the average salary for the last 180 calendar days shall be considered as the supplement to the total.

The following cases will be understood as effectively worked:

1. All the time of I.T.

2. All licenses and paid leave.

3. The cases of accidents at work.

4. Women's motherhood.

The holiday period may not be replaced by economic compensation, nor cumulated from one year to the next, except in cases established in the E.T.

The holiday calendar will be completed before 1 January of each year.

When the holiday period fixed in the company's holiday calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the contract (a) the right to enjoy the holiday on a date other than that of the temporary incapacity or to the enjoyment of the permit which, by application of that provision, the person concerned is entitled to leave the end the period of suspension, even if the calendar year is over.

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

In everything else, the rules of art will be observed. 38. of the Workers ' Statute.

Art. 16. º Excessences.

Excesses may be voluntary or forced.

Voluntary leave may be requested by the employees of the Companies, provided that they are one year old.

These are unavoidable conditions for granting the following:

a) Written request, with expression of the reasons.

(b) A formal commitment that during the time of leave the worker will not be engaged in the same activity of the Company which has been granted it, neither for his own account nor for an employed person. The breakdown of this commitment will be sufficient cause for the extinction of the employment relationship, with the loss of the benefit obtained, as a reason included in the art. 49.2 of the Staff Regulations.

The right to the application for voluntary leave for workers who are victims of gender-based violence is recognised.

The time of voluntary leave will be in accordance with the provisions of art. 46.2 of the Workers ' Statute.

One month before the end of the period of leave, the worker must notify the Company, in a feisty manner, of his will to return, well understood that this right will be understood, losing the benefit of return to the employment relationship and become extinct, not to do so in this way and within the deadline.

The surplus worker retains only a preferential right to reentry into the vacancies of equal or similar category to his or her that would have been or would occur in the Company.

Enforced leave will be granted in the following cases:

1. Appointment to public office.

2. Union office exercise of provincial and/or national relevance.

The surplus personnel will remain in that situation as long as they are in the exercise of the position, returning to the Company if requested within one month at the end of the performance of the same. The reinstatement of the fixed worker, from compulsory leave, will determine the termination of the interim worker who has been hired to replace him, who must be notified, at least 14 days in advance, and will be given preference again. income in the Company.

It will have a compulsory leave of absence for maternity up to three years.

In everything not foreseen in this article will be the provisions of the Workers ' Statute.

Art. 17. º Licenses and Permissions.

By warning in advance, the staff affected by this Convention may be absent from work, entitled to the receipt of the salary, for some of the reasons and during the periods of time:

a) For 18 calendar days in case of marriage.

b) Three days of work in the event of accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest, parents, children, spouse and siblings, as well as grandparents and grandchildren, both in line of affinity and of consanguinity up to 2. degree, expandable in two more days in case of displacement greater than 200 kilometers.

This permit may be enjoyed by the worker in a discontinuous manner prior notice to the company, and only in cases where two or more workers of the same company with family ties to 2. affinity and consanguinity, and whenever the causative fact persists, that is why.

c) Three days of work in the cases of death and/or burial of parents, children, siblings, grandparents and grandchildren, both in the line of consanguinity and of affinity up to 2. degree, extending to five days in case of need displacement greater than 200 kilometers.

In case of death of the spouse, 7 days of leave, and in the event of having minor children in charge, an additional 7 days will be granted, in care of the children.

A working day in the case of the death of a third-degree family member.

(d) Five days of paid leave in respect of paternity leave by birth or adoption of children, without prejudice to the period of suspension of the 13 days granted in the Equality Act.

e) For two days by moving from your usual address.

f) For the time indispensable for the fulfillment of an inexcusable, public and personal duty.

g) For a maximum of two days, to obtain the driving card and the time required for the assistance to the psychotechnical examination for its review, comprising at least one day's day, the essential being the documentary justification of the time used for this.

h) For one day, by marriage of parents, siblings and children, both in line of consanguinity, and of affinity.

i) For the time required for medical consultations in healthcare facilities, for the spouse, children, and parents of the worker. It shall be necessary to submit to the undertaking the part, supporting evidence or certificate issued by the relevant optional, where it will necessarily include the time spent for that purpose.

j) For a maximum of 10 days per year to attend vocational training courses within the scope of the Convention, and provided that the worker has notified at least one month's advance on the start of the course to the Company's Directorate.

Workers enrolled in courses organized in official centers to obtain an academic degree, as well as those who oppose entry into the Corps of Public Officials, will be entitled to:

To the required permits, for the maximum time of 10 days a year, to attend final exams, without alteration or decrease of their labor rights.

To provide your services, in Enterprise where there are several work shifts, in the one that best facilitates your school work.

k) One day for your own affairs.

(l) Workers, who are breastfeeding for a child under nine months of age, will be entitled to an hour of absence from work, which may be divided into two fractions. The woman, by her will, can substitute this right for a reduction of her working day in half an hour for the same purpose. This permit may be enjoyed by either the mother or the father in case both work.

Art. 18. Retirement Award.

The worker covered by this Convention who, at least 15 years of age, applies for early retirement, shall receive from his/her Enterprise a reward of the following amount:

Of five months of the salary of the Convention, when this retirement is requested five years in advance at the age fixed for the receipt of 100% of the salary for this concept.

Four and a half months of salary from the Convention, when requested four years in advance.

Four months of the Convention salary, when requested three years in advance.

Three and a half months of Convention salary, when requested two years in advance.

Of three months ' salary of the Convention when requested with only one year in advance at the age set for the receipt of 100% of the salary for this concept.

Workers who retire early at age 64, benefiting from the benefits provided for in the previous Article, shall not be entitled to any prize.

The worker who retires with 100% of his/her salary for having met the statutory age will not be entitled to the receipt of any gratification for this concept.

The covenant salary includes the monthly base salary, the age, the plus monthly agreement and the overtime pay, while excluding the plus of transportation.

Art. 19. Partial retirement and relief contract.

a) Relay Contract.

The duration of the reliever's work contract shall be at least as long as the retired worker is partially missing in order to reach full retirement, after which the worker will be subject to the condition (i) of contract indefinitely, provided that there is a position available in the same professional category.

b) Partial Retirement.

All workers who meet the requirements set out in the law will have the right to access partial retirement in the following terms:

Each worker concerned will have to apply in writing to the company's Directorate at least six months in advance of the date on which he is interested in the partial retirement situation, the workers with Qualification and specialist qualification must be requested one year in advance.

With respect to applications that meet the above requirements, the company's management must access the partial retirement request and hire another employee in the form of temporary replacement contract, except that the worker has reached the statutory retirement age.

With regard to the hiring of the reliever, the company's management will determine the totality of the contracting conditions, respecting what is established in the collective agreement.

The percentage reduction of the day will be the maximum legally allowed unless the company and the worker agree on a lower percentage.

As for the workday to be performed by the retired worker, it will be mutually agreed, and the schedule to be performed will be determined, adjusting to the following parameters:

The day will be the business of the company and therefore it will not be possible to fix intermittent or isolated working days.

In any case, the partially retired worker will be assigned functions in accordance with his or her professional category and experience.

Art. 20. º Collective Accident Insurance.

Companies will have a Collective Accident Insurance in favour of their employees for 23,100 euros of compensation for the case of total permanent death or invalidity and of 33,000 euros for absolute invalidity.

The above paragraph should be interpreted as restrictive and limited to accidents, except for any other contingency, such as occupational disease.

Art. 21. Disease and accidents

On the economic benefits of Social Security, as a result of these events, the Companies will pay the following supplements:

(a) In cases of common sickness longer than 14 days, only from the 15th day, and up to the maximum of 24 weeks, the sick worker will receive 25% of the social security contribution base, with a maximum complement in any case, of 100% of that contribution base.

b) Where temporary incapacity is the result of an accident at work, occupational disease or risk during pregnancy, the worker concerned shall receive, from the undertaking, from the first day and up to the maximum year, the difference between 75% paid by the Social Security on the basis for fixing the premiums to be entered in the same and 100% of this base.

(c) In cases where, as a result of common illness, professional or occupational accident, surgical intervention or hospitalization is necessary, the following supplement shall be collected from the first day.

Art. 22. Job Contract.

New income workers will be formalized written contract of work, endorsed by the Committee or Staff Delegate, and registered with the Employment Office.

A copy of these new job contracts will be delivered to the union representatives.

Art. 23. º Work Prendas.

Technical and cleaning staff will be provided with two gowns per year, and workers ' staff two monkeys or divers and cap, as well as suitable footwear, and this before March 31 each year. The working garments, in any case, will be suitable for the activities of each job.

The use of these garments will be mandatory for all staff, who will be careful to keep them in a clean state.

Art. 24. º Withdrawal of the Carnet of Driving.

To the staff drivers in the Companies to which this Convention is affected, when in compliance with their employment obligations the Carnet is withdrawn for a time not exceeding six months, without any other penalty or penalty. Deprivation of liberty, they will be respected for the job with equal pay, assigning them an appropriate role.

In this case, and only when the Carnet removal from driving is imputable to the driver, the enjoyment of the holiday will take place during the Carnet's time of deprivation.

This rule will not apply when the sanctioned act has constituted a lack of work specified in this Convention.

The driver whose work is governed by this Convention, which, as a result of the periodic medical advice to which they are submitted, will be withdrawn from his Carnet, will be attended by the rights granted to him by the legislation in force.


Safety and hygiene at work.

Art. 25. Safety and hygiene at work.

I. Safety and hygiene.

I. 1 The worker in the provision of his/her services shall be entitled to effective protection in the field of safety and hygiene, for which the provisions of the Law on the Prevention of Occupational Risks shall be provided.

I. 2 The worker is obliged to observe in his work the laws and regulations of safety and hygiene.

I. 3 In the inspection and control of such measures which are enforced by the employer, the worker has the right to participate by means of his legal representatives in the workplace, if he does not have organs or specialised centres competent in the field under the legislation in force.

I. 4 The employer is obliged to provide practical and appropriate training in the field of safety and hygiene for workers who are engaged, or when they change jobs or have to apply a new technique which can cause serious risks to the worker himself or to his colleagues or third parties, either with his own services or with the intervention of the official services concerned. The worker is obliged to follow these teachings and to carry out the practices when they are held within the working day or in other hours, but with the discount on those of the time spent on them.

I. 5 The internal organs of the Enterprise competent in the field of safety and, failing that, the legal representatives of the workers in the workplace, who appreciate a serious and serious probability of accident by the Failure to comply with the applicable legislation in this field shall require the employer in writing to take appropriate measures to remove the risk status; if the request is not addressed within four days, they shall be addressed to the competent authority; if the circumstances alleged are to be assessed, by means of a reasoned resolution; require the employer to take appropriate security measures, or to suspend his activities in the area or place of work or the hazardous material. You may also order, with precise technical reports, the immediate cessation of work if an accident is estimated to be serious.

If the risk of accident is imminent, the cessation of the activities may be agreed upon by decision of the competent organs of the Enterprise in the field of safety or by seventy-five percent of the representatives of the workers in enterprises with discontinuous processes and all the same in those whose processes are continuous; such an agreement will be communicated immediately to the Company and to the labor authority, which in twenty-four hours will cancel or ratify the agreed standstill.

Art. 26. º Hygiene Services.

The workplaces will have sufficient and easily accessible drinking water. Any circumstance which makes it possible for drinking water to be contaminated shall be avoided. Water sources shall indicate whether the water source is suitable for consumption or not, provided that there can be doubts about it.

The working places will have, in the vicinity of the working and changing rooms, local toilet with mirrors, wash basins with hot and cold running water and in addition they must be provided with soap and towels.

Hot and cold water showers will be available in the changing rooms when dirty, polluting or high sweating work is usually done.

Locker rooms and lockers must be separated by sex, between men and women, with the necessary time being granted to companies so that they can undertake the necessary modifications to this effect.

The dimensions of the changing rooms, the rooms of the toilet, as well as the respective endowments of seats, lockers or lockers, hangmen, sinks, showers and toilets, must allow the use of these equipment and facilities without difficulties or inconvenience to the operators of the companies, the following rules shall be observed:

The number of toilets will be one per 25 workers.

The number of mirrors will be one for every 25 workers.

The number of toilets will be one per 25 workers.

Art. 27. º Medical Recognition.

The workers affected by this Basic Convention, who voluntarily manifest it, will have the right to have an annual medical examination within the working day and at no cost to the workers. same.

Regardless of the above, medical examinations shall be carried out on a compulsory basis and on a regular basis to those workers in whom it is essential to assess the effects of their work or conditions of the same have on their health, in the same way shall be carried out when it is necessary to verify the health of the worker/to that it may constitute a risk or danger, for himself, for the others or for the persons related to the company.

It shall also be compulsory medical recognition where it is established in a legal provision, in relation to the protection of specific risks and activities of particular hazard.

Any medical recognition is voluntary or mandatory, including a chest X-ray, immunobiological analysis, spirometry, and a standard allergic test.

Transport expenses, if necessary, will be borne by the companies in their entirety. In any case, the worker shall use, whenever possible, a means of public transport.

Art. 28. º Penosity and toxicity.

The provisions of the legislation in force in this field will be implemented in a taxatively way, in that it refers to Fabricas de Harinas.


Revenue, Ascensuses, and Templates.

Art. 29. º Revenue.

The entry of personnel of any professional category in the Flours of Harinas and/or Semolas, will be done according to the provisions in force on placement, being able to give priority to those workers who are in possession of a certificate issued by the National Institute of Mining and Cerealist Industries or other official institutions that may be created in the future.

Art. 30. Test Period.

A probationary period may be entered in writing which, in no case, may exceed six months for qualified technicians or three months for other workers, except for those who are not qualified, in which case the duration of the period maximum of 15 working days.

The entrepreneur and the worker are, respectively, required to perform the experiences that constitute the object of the test.

During the probationary period, the worker shall have the rights and obligations corresponding to his or her professional category and to the job he performs, as if he were a staff member, except for those arising from the at the request of any of the parties, during their course, with prior notification and without any right to compensation. After the trial period without the withdrawal of the contract, the contract will have full effect.

The Temporary Disability situation affecting the worker during the trial period interrupts the worker's computation, provided that agreement is reached between the two parties.

Art. 31. Vacants.

To provide the vacancies that occur in the various jobs, the criterion of combining seniority with capacity will be followed.

The promotions of workers to tasks or jobs that involve command or trust as Chief Moliner, Master Moliner and Head of Office and Accounting, shall be of free designation by the Company.

Art. 32. Template.

Given the technical differences between the companies in the sector, the staff will adapt to the needs of the factory in each case, seen among the workers ' representatives and the management of the Company, without the obligation to have all the categories defined in this Basic Convention provided.

Art. 33. Acting Staff.

In order to replace the sick staff, with leave or leave of absence, the employer may, at the same time, hire temporary staff, for as long as the causes indicated are necessary, that he will cease to provide his services as soon as the worker to whom he replaces reoccupies his post, without any right to compensation.

Art. 34. º Recruitment.

All matters relating to the types of contracts, duration, suspension and termination of contracts shall be governed by the provisions of the legislation in force at any time, with the following particularities:

A) Formative Contracts:

a) Practices work contract:

May be held for all categories included in the professional groups reflected in Annex No. 6.

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

The remuneration of the worker shall be 90% and 95% during the first and second year of the term of the contract, respectively, of the salary fixed in this agreement for a worker who performs the same or equivalent post job.

b) Contract for training:

May be held for all categories included in the professional groups, as reflected in Annex No. 6.

The minimum duration of this contract will be 12 months and the maximum of two years. In the case of contracts less than two years, the parties may agree to an extension of 12 months.

The remuneration of the worker shall be 85%, 90, and 95% during the first, second or third year of the term of the contract, respectively, of the salary fixed in this agreement for a worker who performs the trade or job the object of the contract, in proportion to the time of the effective work.

B) Fixed duration contracts:

The parties to this Convention agree that the use of temporary employment, and temporary employment, does not contribute to the necessary stability of employment in the sector, the training of workers and the workers, and improving the productivity and competitiveness of companies, and therefore agree:

a) Contract for the realization of a given work or service:

Contracts of this nature may be arranged when the worker is to perform any of the jobs or tasks that are subsequently determined:

Construction, expansion, rehabilitation and repair of works in general.

Mount and start up:

Machinery and equipment.

Transport items.

Activities related to organizational, industrial, commercial, administrative, and service processes, such as:

Research and development.

New product or service to completion.

Market studies and surveys.


Implantation modification, or replacement of computer, accounting, administrative, and personnel management and human resources systems.

b) eventual contract due to market circumstances, accumulation of tasks or excess orders:

The use of this type of contract must be of a causal nature, with the definition of criteria and conditions for its eventual use.

In this sense, during the term of this collective agreement, these eventual contracts may be arranged, for the execution of unforeseen orders and not contemplated within the productive plans of the companies.

The maximum duration of these contracts will be 12 months, within a period of 18 months. If they are arranged for a shorter time, they may be carried over by agreement of the parties, but without exceeding the sum of the periods contracted, no more than 12 months.

Workers who have concluded such a contract in accordance with this Article and who are resolved by the company in a period equal to or greater than one year, without therefore acquiring the status of fixed, they will receive compensation for 16 days per year of service.

C) Temporary Work Companies:

In order to ensure the smooth functioning of the labour market and in order to promote stable employment, it is agreed that firms will be able to enter into contracts with temporary employment companies, to deal with the following needs:

1. Cover low I.T. derivatives, in periods not exceeding 45 days.

2. For unforeseen absences.

3. Jobs which, by their special qualification, cannot be covered by staff, provided that they do not exceed 45 days.

Companies will reduce 25% of contracts made through ETT.

D) Common Provisions for Finished Or Temporary Training And Duration Contracts:

At completion, fixed-term or temporary contracts, including training contracts, and in order to facilitate stable placement, may be converted into indefinite employment contracts.

Within this framework, they will become contracts for an indefinite period of time, in any of its modalities, the temporary staff workers for each worker who retires.


Staff Classification

Art. 35. º

The classification of the personnel of this Convention is merely indicative and does not imply the obligation to have all the places and categories listed, if the needs and volume of the Company do not require it.

Every worker is obliged to carry out as many works as his superiors, within the competence of his or her professional or similar group and without prejudice to the provisions of Articles 23 and 39 of the Staff Regulations. Workers.

Those operators whose professional groups are not defined in this Basic Convention, shall be assimilated to those who, within the later exposed, are more closely resembling.

Art. 36. º

The staff who provide their services in the companies referred to in the art. 1. of this Basic Convention, shall be classified, taking into account the function it performs, in the following groups:

First: Technicians.

Second: Administrative.

Third: Workers.

Fourth: Subalters.

Art. 37. Technical.

This group includes the Chief Technical Molineers, the Moliner Masters and Laboratory Technicians.

The first two categories may technically lead to the Factory, but for the former it will be necessary to be in possession of the corresponding certificate, either official or private, duly approved.

Art. 38. Chief Technical Officer Molinero.

It is the one that, possessing the necessary degree, technically directs the industry, having entrusted the march of the manufacturing in general. It will be essential to have knowledge for the interpretation and modification of production diagrams, analysis and conditioning of wheat and flour, as well as the interpretation of alveograms and pharograms.

Master Moliner.

It is the one that, from a practical point of view, directs the manufacturing process, having elementary knowledge of analysis of trims and flours and, at least, specifically, of moisture, ashes and proteins. This charge excludes Chief Technical Officer Molinero.

Lab Technician.

It is the one that holds an official professional degree of university character, or of a Technical School of Higher Degree, performs in the Company's own functions.

Art. 39. Administrative Staff.

The general concept of Administrative Personnel includes those who perform office functions, such as accounting, billing, calculation, collection, correspondence and specific details in the present Convention.

Constituted such group by Heads of Office, Chief Accounting Officers, Administrative Officers, Administrative Assistants, Laboratory Assistants, Travelers, Vendors and Buyers.

The position of Administrative Officer and those of Travellers, Sellers and Buyers, are exclusionary.

Art. 40. ° Head of office.

It is the employee who, provided with powers, bears the responsibility and direction of one or more Administrative Sections, directing and distributing the work, as well as assuming responsibility and administrative management of the Company.

Chief Accounting Officer.

It is the employee who, with sufficient qualifications and knowledge-administrative knowledge, assumes the responsibility and accounting direction of the Company.

Administrative Officer.

Conceptuase as such to the employee who, under the direction of the Head of Office and/or Accounting, performs the following functions: cashier, no bond or signature, current account book transcript, Journal, Mayor, invoices, correspondence, statistics, parts, payroll, social security contributions, or other similar to the above.

Administrative Auxiliary.

The employee shall be considered as such to perform elementary administrative functions inherent in the office work.

You will have a preference to access the category of Administrative Officer, when in the Company there is any vacancy of that category, and provided that you accredit your competence for it.

Lab Auxiliary.

It is the person who performs functions merely material or mechanical in the laboratory work, and for which no professional title is required.

Travellers, Sellers, and Buyers.

They are those who, at the service of the Company whose staff members belong, carry out, traveling or not, operations to purchase raw materials or sales of products, obeying the orders and orders of the Enterprise Directorate, in the routes, prices, etc. During the stay in the locality in which the Company may perform administrative or technical functions, assimilated to Administrative Officer.

Art. 41. º skilled workers ' staff.

The following categories are included in this group: Warehouse Loaded, Second Moliner, Cleaner, Mechanic, Driver, Carpenter and Electrician, and Albanese.

Unqualified workers ' staff.

The following categories are included in this group: Empager, Factory Auxiliary, Warehouse Mozo, and Aspiring 16 or 17 years old.

Art. 42. º Store-loaded.

It is responsible for the distribution of the work, ordering both the reception and the shipment of goods, feeding of the Factory and distribution of finished products, carrying Records of Entries, Salings and control of stocks.

Second Moliner.

It will replace the Chief or Master Moliner with absence or disease, taking care of the engine grease and control of manufactured products. It must have the same knowledge as a minimum, which the rest of the staff who carry out their works in the body of the Factory.

For the designation of the Master Moliner, the second Moliner will be mainly taken into account, provided that it meets the ideal conditions for this.


He is in charge of the cleaning of the wheat, taking charge of the care and monitoring of the devices that constitute that, as well as the cleaning of the floors and corresponding machinery and the classification of the products of clean; it will be essential to have the necessary knowledge on the conditioning of the trims to achieve a correct transformation.


It is the operator that attends to the repair of the machinery on the same, or in workshop located in other dependencies of the Company, as well as the tools or tools of motor force and repairs and modifications advisable for the best production.


It is the worker who, provided with the carnet of the class corresponding to the vehicle he has entrusted, and theoretical-practical knowledge of the car, maintains the normal operation of the same and is responsible for the execution of the transport. It will help the unloading of the goods inside the vehicle, outside the premises of the Factory, depositing the packages at the end of it, and will be responsible for its delivery.

The driver will have a plus of 4.85 euros for Table A and 5.62 euros for Table B, for each day he collaborates in the download, whatever the number of packages or trips he makes.


It is the one that, with knowledge appropriate to its trade, performs the works of it in the Companies subject to this Basic Convention.


You have the task of performing the masonry works and repairs that need to be verified at the Factory.


They are the workers who, with the appropriate knowledge, have as special mission to take care of the normal operation of the electrical installations of the Factory or start up of the hydroelectric or motor groups, to the This time it executes the most necessary repairs on the same, as well as the installation and assembly, both of the force and light, as well as the energy transport, in the cases of enlargement and reform of the existing ones.

Art. 43. Empacator.

It is in charge of packing, weighing and disposal for their expedition, of all finished products. You will also take care of cleaning your apartment.

Factory Auxiliary.

It is the worker who is in charge of the floor in which the equipment for the sifting, cleaning and selection of semolas are located, in addition to the cleaning and grease of the machinery installed in its dependency, the monitoring of the general progress of the goods, transit of goods, and attending to the staff of other floors or premises of the factory, if necessary.

Store Mozo.

It is entrusted with the movement of wheat, flour and by-products, loading and unloading, and other stores, attended to the needs of the Company and according to the custom.

The three categories mentioned above (Empacer, Factory Auxiliary and Warehouse Mozo) when necessary, will carry out the work of the non-qualified personnel, communicating such a circumstance to the Staff Delegate.

Art. 44. Subalternate Staff.

The following categories are included in this group: Guardas or Serenos, Repaser/a sacks and Cleaning Personnel.

Art. 45. º Guardas or Serenes.

It is the one who performs functions of order, vigilance, etc., fulfilling his duties subject to the provisions indicated by the Laws that regulate the exercise of the mission assigned to him.

Art. 46. ° Functional Mobility.

Functional mobility within the same professional group will have no more limitations than those laid down in the Worker's Statute.


Fouls and Sanctions. Procedural rules

Art. 47. º Fhighs.

Every fault committed by a worker will be classified, attended to its importance, transcendence and malice, in Leve, Grave and Very Grave.

Art. 48. No. Mild Fhighs.

The following are minor faults:

1. From one to three faults of punctuality in the assistance to the work (up to 30 minutes of delay), without the due justification, committed during the period of one month.

2. Do not take appropriate leave in due time when the work is missing for justified reasons, unless it is proved impossible to have done so.

3. The abandonment, without justified cause, of the service, even if for a short time. If, as a result of the case, any consideration is given to the Company or to the cause of accident to his or her colleagues, this fault may be considered to be serious or very serious, as the case may be.

4. Small neglects in the preservation of the material.

5. Lack of grooming and personal cleansing.

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

7. Do not communicate to the Company changes of residence or domicile.

8. Discussions on foreign affairs to work, within the Company's premises or during service events. If such discussions produce a notorious scandal, they may be considered to be very serious.

9. Missing work one day per month, without cause for justification.

Art. 49. º severe high.

The following are classified as serious faults:

1. More than three non-justified errors of punctuality in the attendance at work, up to 30 minutes of delay, committed over a period of 30 days. When you have to relieve a colleague, two faults of punctuality, up to 20 minutes, will suffice for this to be considered serious.

2. Missing two days to work, for a period of 30, without cause.

3. Do not communicate with punctuality due to changes in the family, which may affect the benefits of Social Security.

Malicious misconduct in this data will be considered to be very serious.

4. Surrender to games or distractions, whatever they are, being of service.

5. Do not pay attention to the work entrusted.

6. The simulation of illness or accident. Where this case is intended to receive the benefits of social or supplementary security, it shall be deemed to be very serious.

7. Disobedience to the management of the Company that makes it difficult or detrimental to the normal development of the work. If there is a breach of the discipline or of the discipline, the Company may be deemed to be very serious.

8. Simulate the presence of another worker, by signing or signing on.

9. Neglect or neglect at work, which affects the good running of the service.

10. Recklessness in acts of service. If there is a risk of accident to the worker, to his or her companions or danger of damage to the facilities, it may be considered to be very serious.

11. Without the appropriate permission to work during the day, as well as use for own uses of the Company tools, even when this occurs outside of the working day.

12. The recidivism in a slight lack (excluding punctuality), even if it is of different nature, within a trimester and having mediated verbal or written admonition.

13. Those derived from what is foreseen in cause 3. of the previous article.

Art. 50. Very serious high-ups.

Very serious faults:

1. More than ten non-justified punctuality in attendance at work (up to thirty minutes ' delay), committed within a period of six months or 20 offences committed for one year.

2. Fraud in the management and theft or theft, either to the company, to his or her colleagues or to any other person within the premises of the workplace, or during the service at any place.

3. Make it disappear, disable or cause damage to raw materials, tools, machinery, appliances, installations, buildings, appliances, or documents of the Company.

4. Violate the secret of the correspondence or reserved documents of the Company.

5. The conviction for theft, theft, embezzlement, committed outside the Company, or any other kind of fact that may imply for this distrust of its author.

6. Reveal to foreign elements the required reservation data.

7. Ill-treatment or serious lack of respect and consideration to his or her superiors, colleagues or deputies provided they do not constitute a cause for disciplinary dismissal.

8. Causing serious accidents by negligence or inexcusable recklessness.

9. Abandon work in positions of responsibility.

10. The voluntary, continuous and proven decrease in the normal performance of your work.

11. Cause frequent and unjustified squabbles and pendences with your coworkers.

12. The recidivism in serious misconduct committed within the same semester, even if it is of different nature.

13. Moral and sexual harassment.

Art. 51. Sanctions.

The maximum penalties that may be imposed on those who are missing will be as follows:

For minor faults:

Verbal or written admonition.

Two-day job and salary suspension.

For severe faults:

Suspension of employment and salary from three to fifteen days.

For very serious faults:

Suspension of employment and salary from twenty to sixty days.

Disciplinary dismissal.

In cases where the absence involves non-compliance with the contract and in accordance with the conditions set out in Article 55 of the Workers ' Statute.

The minor faults will be prescribed at ten days, the serious ones at twenty days, and the very serious ones at the age of sixty days, from the date on which the Company became aware of its commission and in any case, six months after the committed.

Art. 52. ° Rules of Procedure.

1. Companies shall communicate to the legal representation of workers and to the Trade Union Delegate, penalties for serious or very serious misconduct, which they impose on workers.

2. In cases where a penalty is imposed for serious, or very serious, misconduct, to the legal representatives of the workers who are in the performance of their posts, or to those for whom a year has not elapsed since the extinction of its term of office, the opening of a file shall be required to comply with the following rules:

(a) The Company shall notify the worker of the opening of the file, simultaneously communicating the statement of objections containing the facts on which the file is based.

(b) In the same document as the opening of the file, a Secretary and an Instructor of the impartial file shall be appointed by the Company.

(c) The Company shall forward the written statement to the person concerned so that, within ten days, it shall expose the allegations and propose the practice of the evidence it considers relevant.

Likewise, this document will be notified to the legal representation of the workers, so that, within five days, make, as appropriate, any allegations that you deem appropriate.

(d) Finished the opening of the file, the Company shall notify the worker, in writing, of the sanction imposed, the date from which it will take effect and the facts on which it is founded.

Failure to comply with any of these requirements will imply the nullity of the penalty imposed.

Art. 53. Business infractions of the Businessman.

This will be in accordance with current legislation.


Additional provisions


The parties to this agreement express their express adherence to the V Agreement on the Agreement on the Autonomous Solution of Labour Conflicts (out-of-court system), published in the "BOE" of 23 February 2012.


The negotiating parties agree to transfer to the Joint Commission the development of the work of study necessary to facilitate the updating of Chapter VII of this Convention-Classification of Personnel-with the object of To adapt it to the reality of the sector, to study the possible situations especially dangerous for the safety of the worker that could be present in the activity of unloading, as well as those matters related to Safety and Hygiene in the work that is deemed appropriate.

Once the previous studies have been completed, on the subject of the above issues, all the parties entitled to the negotiations will be called upon to adopt the agreements they consider and can be incorporated into the negotiations. text of this Collective Agreement if they so decide.


Final disposition.

Companies during the duration of the collective agreement may be able to apply to the procedure for the application of the working conditions laid down in this collective agreement, when the cases are given and in the conditions laid down in Article 82.3 of the Staff Regulations.

In this case, the procedure will be as follows:

In the cases of absence of legal representation of workers in companies, this will be understood to be attributed to the most representative trade unions in the sector who are entitled to be part of the Commission. Negotiation of the collective agreement of application to it, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the E.T.

The employer must first provide the legal representatives of the employees and the Joint Committee of the Convention with the supporting documentation of the cause of the business decision.

Once the negotiation period on the application of conditions under the company's framework has been initiated, an agreement in that field will be reached, which will be understood as validated. The employer must be sent to the Joint Committee of the Convention and must be registered with the Labour Authority for the purposes of deposit.

In the absence of agreement within the company, at the request of either party, the intervention of the Joint Commission may be required in order to resolve the discrepancies, which will have a maximum period of seven days for the your intervention.

In the absence of a statement or agreement within the Joint Committee of the Convention, the parties shall have recourse to the mediation procedure laid down in the SIMA or equivalent autonomic body, the rules provided for in the said agreement.

If an agreement is not reached after such mediation, the parties shall undergo the arbitration procedure referred to in the V ASAC. Therefore, the time limit for developing it, the appointment of the arbitrator or arbitrators and the formalities shall be those which generally provide for the applicable Agreement. Only the subjects arising out of the request for amendment or application made by the employer may be submitted to arbitration. Arbitration shall be governed by law and without conditions, without any arbitration of equity or condition, which could only be established by agreement of those concerned.

The award shall be subject to the provisions of the applicable agreement and its effectiveness shall be the agreement itself in the period of consultations, thereby linking the parties to those terms.

Any of the interested parties, including those who were a party to the arbitration, may use the award in the terms of the article. 91 of the ET, being the challenge procedure, therefore, the challenge of collective agreements. The grounds for challenge in addition to the failure to comply with the requirements and formalities required under the agreement or agreement and the resolution of aspects not subject to arbitration shall also be those arising from the referral to the proceedings. of contestation collective agreements.

For the future and for the duration of this Chapter concerning the "Inapplication of Working Conditions", new and new agreements shall be established by means of Interprofessional Agreements which affect the present Convention. General and direct application procedures to address discrepancies, including binding arbitration, arising out of the negotiation of the agreements set out in Articles 41.6 and 82.3 of the E.T., the parties to this Convention State shall, where appropriate, adapt to the procedures laid down in the abovementioned Agreements. Interprofessionals.

Progressive recovery of salary conditions and salary updates:

The inapplication agreement must determine exactly the new conditions in the company and in that it neglects the remuneration to be paid by the employees of the company, being able to establish in its case and in the attention of the disappearance of the causes that determined it, a programming of progressive convergence towards the recovery of the inapplied conditions established in the collective agreement of application.


Trade Union Rights

Trade Unions and Enterprise Committees.

Companies will respect the right of all workers to be freely stated; they will admit that workers affiliated with a union can hold meetings, collect quotas and distribute union information outside of hours. and without disturbing the normal business of the Company; it will not be able to subject the employment of a worker to the condition that he or she renounces or renounces his union membership, nor to dismiss a worker or to harm him in any way, because of their membership or trade union activity. Trade Unions may send information to all undertakings in which they have sufficient and appreciable membership, in order for it to be distributed, outside the working hours, and without, in any event, the exercise of such practice. to interrupt the development of the production process. In workplaces with a staff of more than 100 employees, notice boards shall be available in which the duly established trade unions may insert communications, to which they shall make a copy thereof, in advance, to the Center's Address or Entitlement.

In those job centres with a workforce of more than 125 workers, and when the trade unions or the Central Unions have a membership of more than 15%, the representation of the Union or Central will be held by a Delegate. The Union which claims to have the right to be represented by personal ownership in any company must prove it to the union in a manner which, in recognition of its status as a representative of the Union for all intents and purposes.

The Trade Union Delegate must be an active worker of the respective Companies, and designated in accordance with the Statutes of the Trade Union Central to whom it represents. He will be a member of the Enterprise Committee.

Functions of the Trade Union Delegates.

1. Represent and defend the interests of the Union to whom it represents, and of the members of the Union in the Company, and serve as an instrument of communication between the Trade Union Central and the Directorate.

2. They may attend meetings of the Committee of Enterprise, Committees on Safety and Hygiene at Work and the Joint Committee for Interpretation, with a voice and without a vote, provided that such bodies admit their presence in advance.

3. They shall have access to the same information and documentation that the Company must make available to the Committee of Enterprise, in accordance with the provisions of the Law, being obliged to keep professional secrecy in the matters in which the Company is legally proceed. It will hold the same guarantees and rights as collected by the Law and Collective Agreements to the members of the Enterprise Committees.

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

5. They shall be informed and heard by the Company with prior character:

a) About layoffs and penalties that affect Union affiliates.

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

c) The implementation or review of the work organization system and any of its possible consequences.

6. In order to facilitate the dissemination of those notices that may be of interest to the respective members of the Union and to the workers in general, the Company will make available to the Union whose representation the Delegate is, a board notices to be established within the Company and in place where it is ensured, as far as possible, adequate access to it by all workers.

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

8. In those institutions where this is materially feasible, and which have a staff of more than 1,000 employees, the management of the Company shall facilitate the use of a premises, in order to be exercised by the representative of the Union. functions and tasks that correspond to you.

9. Delegates will have their tasks to perform the trade union functions that are their own.

10. Union Share. At the request of the employees affiliated to the Central or Trade Unions holding the representation referred to in this paragraph, the companies shall be deducted from the monthly payroll of the workers the amount of the Trade Union Fee. corresponding. The worker interested in carrying out such an operation shall forward to the Management of the Company a letter in which the order for the discount, the Central or the Union to which he belongs is clearly expressed, the amount of the fee, and the number of the current account or savings bank account, to which the corresponding amount must be transferred. The undertakings shall carry out the following actions, except for a pact or order to the contrary, for periods of one year.

The Company's Management will submit a copy of the transfer to the union representation at the Company, if any.

11. Participation in the negotiations of collective agreements. To the Trade Union Delegates or relevant offices in the Central Banks recognized in the context of the Interconfederal Framework Agreement, implemented nationally, and to participate in the negotiating commissions of Collective Agreements, maintaining their ties as active workers of some Company, will be granted paid leave for them, in order to facilitate their work as negotiators and during the course of the above negotiation, provided that the Company is affected by the negotiation in question.

Enterprise Committees.

1. Without prejudice to the rights and powers granted by the Laws, the Business Committees are recognized as follows:

A. To be informed by the Enterprise Directorate:

a) Quarterly, on the general evolution of the economic sector to which the Company belongs, on the evolution of the business and the situation of the production and sales of the entity, on its production and evolution program probable employment in the Company.

b) Annually, to know and to have at its disposal the Balance, the Account of results, the Memory and, in the case that the Company magazine the form of Society for actions or participations, of how many documents are to be made known to the partners.

c) Prior to their execution by the Company, on the restructurings of staff, total or partial closures, final or temporary, and the reductions in day, on the total or partial transfer of the business facilities and on the business training plans of the Company.

d) Depending on the subject matter:

1. On the implementation or revision of the system of work organization and any of its possible consequences; time studies, establishment of premium system or incentives and valuation of jobs.

2. On the merger, absorption or modification of the Company's legal status, where this implies any impact affecting the volume of employment.

3. The employer shall provide the Business Committee with the model or models of employment contract that he habitually uses, the Committee being entitled to make the relevant claims to the Company and, where appropriate, the competent Labour Authority.

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

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

B. Carry out surveillance work on the following subjects:

(a) Compliance with the rules in force in the field of work and social security, as well as the respect of the agreements, conditions or uses of the Company in force, making the legal and appropriate actions before the Company and the Competent bodies or courts.

b) The quality of teaching, and the effectiveness of teaching, in the training and training centers of the Company.

c) The conditions of safety and hygiene in the development of work in the Company.

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

D. Collaborate with the Company's management to achieve the fulfillment of how many measures are needed to maintain and increase the productivity of the Company.

E. The Committee of Enterprise is recognized as a procedural capacity, as a collegiate body, to exercise administrative or judicial actions in all matters relating to the field of its competence.

F. The members of the Enterprise Committee, as a whole, shall observe professional secrecy in respect of paragraphs (a) and (c) of this Article, even after they cease to belong to the Committee of Enterprise, and in particular to all of them. matters for which the Directorate expressly points out the reserved character.

G. The Committee shall ensure not only that the rules in force or agreed upon are complied with in the selection process, but also by the principles of non-discrimination, gender equality and the promotion of a rational employment policy.

Staff Delegate.

1. The representation of workers in enterprises or workplaces with less than fifty and more than ten employees, corresponds to the Staff Delegates. There may also be a Staff Delegate in those enterprises or centres which have six to ten employees, if they so decide by a majority.

The workers shall choose by free, secret and direct suffrage, the Staff Delegates at the following amount: up to thirty workers, one; thirty-one to forty-nine, three.

2. The Staff Delegates shall exercise the representation for which they were elected to the employer, intervening in all matters relating to the working conditions of the staff they represent and formulating complaints to the employer, the labour authority or the social security management bodies as appropriate, on compliance with the rules on hygiene and safety at work, and on social security.

Trade union delegates and trade union sections will have notice boards and, whenever possible, a local to be able to carry out their activities, as established by the Organic Freedom of Association Act.


(a) No member of the Staff Committee may be dismissed or punished during the performance of his or her duties, or within the year following his termination, unless the latter occurs by revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker in the legal exercise of his or her representation. If the dismissal or any other sanction for alleged serious or very serious misconduct, in accordance with other causes, is to be dealt with in a contradictory case, in which the interested party, the Enterprise Committee, or the other Delegates of the Staff, and the Delegate of the Union to which he belongs, in the event that he is recognized as such in the Company.

They will have priority of staying in the Company or Work Center, with respect to other workers, in the cases of suspension or extinction due to technological or economic causes.

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

c) They may exercise the freedom of expression within the Company, in the matters of their representation being able to publish or distribute without disturbing the normal development of the productive process, those publications of employment or social interest, communicating all of this in advance to the Company and exercising such tasks in accordance with the legal standard in force.

(d) Dispose of the credit of paid monthly hours that the Law determines, which shall in no case be less than 20 hours a month, even if the Company does not reach the minimum required workers.

These hours, without exceeding the maximum set in the preceding paragraph, may be accumulated in one or more of the components of the Business Committee or Staff Delegate of the work centre, with the following requirements:

a) Accumulation shall be made between members belonging to the same Trade Union Central.

(b) As a general rule, a notice shall be given to the Management of the Company, with a period of not less than five days in which the persons on whom the accumulation and the number of hours to accumulate are designated. In a circumstance that cannot be predicted and considered exceptional, this transfer or accumulation shall be communicated as far as possible.

(c) The duration of these accumulations shall be established for a period of not less than three months.

(d) In the same way, the excess over the same will not be computed within the legal maximum of hours due to the designation of the Delegates of Personnel or members of Committees as components of the Negotiating Commissions of the Collective agreements in which they are affected, and with regard to the holding of official sessions through which such negotiations take place, provided that the undertaking concerned is affected by the field of negotiation referred to.

e) Without exceeding the legal maximum, the paid hours available to the members of the Committees or the Staff Delegates may be consumed, in order to provide for the assistance of the same to training courses organized by their staff. Trade Unions, Training Institutes or other Entities.

(f) Workers ' representatives shall have a maximum of three days in a period of three years, to participate in Union Congress at national level, without any remuneration.

Anti-union practices.

Regarding the assumptions of practices that, in the opinion of some of the parties, may qualify as anti-union, the provisions of the Laws will be in place.

This agreement shall maintain the general validity of the Convention, unless in the course of that period a law on this matter is provided for, in which case the parties shall make appropriate accommodations or adjustments by way of new covenant on this matter.

Intercenter Committees.

From the time of the present convention, union plants that meet the requirements laid down in the legal regulations may constitute Intercenter Committees.

These may be set up in companies that have the same or more than three job centers. The abovementioned Committee shall be set up at the initiative of any trade union meeting the requirements laid down and the number of members shall be at least five members and not more than nine.

The Intercenters Committee may only exercise its functions from the five days after the formal communication to the management of the company. The competences will be the same as the legislation in force for the works councils.

Joint Commission.

A Joint Commission, composed of eight members, will be set up, of which four will correspond to the signatory trade union organisations and four others to the business organisations, whose functions and responsibilities will be the following:

1. Knowledge and resolution of how many issues of application and interpretation of the Convention are subject to it.

2. The development of adaptation functions to the current legislation.

3. Resolve how many discrepancies are submitted to you and set forth in the ET 82.3.

4. Monitoring of all the agreements adopted in the Convention.

5. To issue a resolution, on the consultations referred to in relation to the activity of a particular sub-sector or undertaking and whether they are linked or not, to the functional scope of this Convention.

6. To receive prior and subsequent information from the consultation periods in the event of a substantial change in the working conditions and the failure to apply the conditions laid down in collective agreement.

To ensure the speed and effectiveness of the same and the safeguarding of the rights concerned, the following procedures and deadlines for action by the Joint Committee are established:

The corresponding information, communication and/or request for intervention of the Joint Commission will be sent in writing and for the purpose of notifications and calls to the headquarters of the Association of Manufacturers of Harinas and Semolas of Spain, sita on Calle Ayala, n. 13, 1. º Left, Madrid or by e-mail to the address

Received such information, communication and/or request for action addressed to the Joint Committee, it shall be forwarded to the other signatory organisations of the Convention within a period of not more than two days, proposal of dates for your treatment.

However, a maximum period of intervention by the Joint Commission of 15 days from the date of receipt of the request for intervention, with the exception of paragraph 2, shall be set for a maximum period of seven days.

If, once the Joint Committee has been convened, the discrepancies within that committee have been maintained or the said term has been completed, the Joint Committee has not met, the parties shall be subject to the non-judicial systems of corresponding conflict resolution.

It is agreed that once the Joint Committee is established the month following the publication in the "BOE" of the Convention, the Joint Commission will study the following subjects within a maximum of one year:

1. The updating of the professional classification of the sector.

2. Clarify the wording of Article 21 of the Collective Agreement.

3. Carry out a study on the situation of absenteeism in the sector and propose possible mechanisms for correcting it.

4. Other matters of interest to the parties.


Labor Day

Both on-day and on-day, the annual maximum day will be 1,784 effective working hours, distributed at 273 working days per year.

Working time shall mean a day where there is an uninterrupted rest of at least one hour.

In the continuous day, and within the concept effective work, we understand the time of rest called "the snack", with a duration of 15 minutes in each day. The calendar will be prepared by the Company and the Staff Delegates or Business Committees.

In the event of modification of the time agreed upon in this Convention by some subsequent legal provision, the assembled members empower the Joint Joint Committee of the Sector for the implementation of such a day in all its extension.


Economic Conditions

Wage Regime.

The remuneration of this Convention is as shown in this Annex.

Base Salary.

It is the one that is listed as such in the first column of the Salarial Tables A-for workers with a contract prior to 31 December 1994-and B-for workers with contract after that date-of the present Annex.


(a) For workers with a contract dated before 31 December 1994, it is established as a periodic increase for service time, two biennies of 5% and four five-year periods of 10%, on the basis of the base salary entered in the Salary Table A.

(b) For contract workers signed from 1. January 1995 there will be no wage increase for this concept.

Extraordinary pages.

It will be four yearly, payable on 1. May, 15 July, the pay for studies during the month of September and December 15 of each year, for a amount of 30 days on the base salary and, for the workers with a contract dated 31 December 1994, the date of service of the contract, as well as on the Plus Convention, as set out in the second column of Tables A and B of this Annex.

However, it may be possible for undertakings to carry out the pro rata of the extraordinary payments in 12 monthly instalments in accordance with the legal representation of the employees or in their absence by agreement of the Joint Committee, the request of one of the undertakings or workers.

Expense by offset.

Workers who have to travel for service reasons of the Company will receive the normal justified expenses.

Plus convention.

As a salary supplement, this plus is set out in the 2nd column of the Salarial Tables, which will be paid during the 12 months of the year, and in the established Extraordinary Pages.

Plus transport.

It will be governed, as far as its origin and value, by the legal norms in force.


The principle of absolute suppression of the usual overtime is set.

However, it will be possible to perform within the limits and conditions of the art. 35. of the Workers ' Statute, the extraordinary hours required by orders or peak periods of production, unforeseen absences, shift changes, load-shedding of trucks or required by other circumstances arising from the nature of the harinera activity.

The Company's Management will report monthly to the Company or Personnel Delegates Committees on the number of hours, specifying the causes and, where applicable, the distribution by sections. Likewise, according to this information and the above criteria, the Company and the legal representatives of the workers will determine the nature and nature of the overtime.

They shall not be counted as overtime nor shall be taken into account for the purposes of the maximum duration of the ordinary working day, without prejudice to their payment as if it were overtime, the excess of the to prevent or repair claims or other extraordinary or urgent damages.

Extraordinary hours performed on working days will have a 75% surcharge and will be rotated according to the following formula.

. base + Antig. (*) + Plus Conv. + Extra pages

× 1.75 = extraordinary time

1,784 hours (*)

Extraordinary hours held on Sundays, public holidays and local holidays will have a surcharge of 300% and will be rotated according to the following formula.

. base + Antig. (*) + Plus Conv. + Extra pages

× 3 = extraordinary time

1,784 hours (*)

(*) When applicable.

(*) The number of hours of each year of the convention will be within the range.

Plus of Nocturnity.

Those workers who make their journey between 22:00 and 06:00 hours will receive, a plus of nocturnity according to the following formula:

Salary + Antiquity (*) + Plus Convention + Extra Pages × 25%

1,784 hours (*)

(*) When applicable.

(*) The number of hours of each year of the convention will be within the range.

Wage increases.

Pay tables 2015: a salary increase of 0.75% is agreed on the final salary tables for the year 2014. These salary tables will apply from 1 January 2015, regardless of their date of publication in the "BOE".

Salary Tables 2016: the parties agree a maximum period of three months, that is, until 31 March 2016 to agree on the wage increase. In the absence of agreement in this regard, the salary tables of 2015 will continue to be applied until the end of the temporary validity of the agreement.


Commission for Equal Opportunities and Non-Discrimination

1. The "Commission for Equal Opportunities and Non-Discrimination" (DIOND), will consist of four components of the business representation and four of the signatory unions.

By the time the composition of that commission, necessarily two members will be female, one for each union representative in this Convention, whether or not they hold office or union responsibility, The same way the business party undertakes to be present in this commission two members of the female sex of their association if any.

This commission shall meet four months on an ordinary basis or at the request of either party, on its own initiative or at the request of a worker or worker, with a week's notice, with extraordinary character.

For the proper performance of its tasks, the Commission shall be in accordance with its internal rules of operation, and the trade union representation of the Commission shall have the necessary and paid time-to-time credit. the companies that correspond to the performance of their functions. This time credit will comprise the effective day of the meeting and either the previous afternoon or the next morning.

2. The following are the functions of this Commission:

2.1 To ensure that both women and men enjoy equal opportunities in terms of employment, training, promotion and the development of their work.

2.2 To ensure that the working woman has the same equalization as man in all aspects of the salary, so that the woman always has equal pay.

2.3 To ensure that the working woman has the same opportunities in the company as the male in cases of promotions and duties of greater responsibility.

2.4 To ensure that in the professional categories there is no distinction between male and female categories.

2.5 In order to achieve a more balanced participation of men and women in all professional groups, the Commission will examine and propose for its incorporation into the Convention, implementing measures in the functional mobility for the coverage of positions of an indefinite nature.

2.6 In order to ensure the principle of non-discrimination, the Commission will ensure and monitor possible discrimination, both direct and indirect.

2.7 To carry out a study on employment trends and equal opportunities in the sector and on the basis of active policies to eliminate any discrimination that might be detected by reason of sex, marital status, age, territorial origin and other circumstances which may lead to discrimination or bankruptcy of the principle of equal opportunities.

2.8 Develop a good behavior guide in the sense of this provision for the industry.

3. The Commission will ensure compliance with the new Equality Act, committing to continue working on this path under the Law.

4. The rights of reconciliation of personal, family and work life to workers are recognized, so that the balanced assumption of family responsibilities is encouraged, avoiding discrimination based on their exercise.

5. Protection of Motherhood:

The company shall take the necessary measures to prevent the exposure of workers in pregnancy or recent birth to the risks identified in the assessment referred to in Article 16 of Law 31/1995, which may affect the health of workers and the unborn child, through an adaptation of the conditions or working time of the worker concerned in accordance with the terms laid down in Article 26 of the said Law and in accordance with which it is It will also take into account the possible limitations on the performance of night work and shift work.

6. Moral Harassment.

It will include, as a very serious lack of moral harassment, understanding as such the practice of work consisting of repetitive and degrading acts and behaviors performed against the worker/his superiors, companions, or some and others, and affecting and attacking the dignity, physical or moral health of the person concerned.

7. Sexual Harassment.

The Directorate is committed to creating and maintaining a working environment where the dignity and sexual freedom of all people working within the sector's work environment are respected. It shall be considered to constitute sexual harassment, verbal or physical conduct, of a sexual nature, developed in the field of organisation and management of an undertaking, or in relation to or as a consequence of a working relationship, carried out by the a working person who knows, or should know, that it is offensive and unwanted for the victim, determining a situation that affects employment and working conditions, and/or creating an offensive, hostile, intimidating or humiliating work environment.

The person who is the victim of sexual harassment may, verbally or in writing, account, through his representative or directly, to the management of the company of the circumstances of the concurrent event, the active subject of the harassment, conduct, proposals or requirements in which it has been possible and the negative consequences that have been derived or, where appropriate, may have been derived.

The employer will be able to transfer to the competent bodies of the complaints made by the workers. The finding of sexual harassment in the case in question will always be considered to be very serious, and if such conduct or behaviour is carried out in a hierarchical position it will be an aggravating circumstance of that.



From 1 January to 31 December 2015

the national collective bargaining agreement of the Harinera and semi-smoler industry

Administrative Auxiliary

Personal Cleanup


Monthly Base Salary



Plus Monthly Convention



Chief Technician:

Chief Molinero Technician



Master Moliner



Lab Technician



Chief Administrative:




Accounting Manager



Administrative Officer



Travellers, Sellers, and Buyers





Lab Auxiliary



worker staff:

and Second Moller loaded



Chofer, Mechanics, and Electrician



Cleaner, Carpor, and Albanese



Unqualified worker staff:

Empager and Mozo Warehouse



Subalternate Staff:

Saves and Serenes





The driver will have a plus of 5.08 euros for each day he collaborates in the download, whatever the number of packages and trips he makes.


From 1 January to 31 December 2015

the national collective bargaining agreement of the Harinera and semi-smoler industry

Cleaning Staff


Monthly Base Salary



Plus Monthly Convention



Chief Technician:

Chief Molinero Technician



Master Moliner

1.042, 74


Lab Technician



Chief Administrative:


1.042, 74


Chief Accounting Officer



Administrative Officer



, Sellers, and Buyers



Administrative Auxiliary



Lab Auxiliary



worker staff:

and Second Moller loaded



Chofer, Mechanics, and Electrician



Cleaner, Carpor, and Albanese



Unqualified workman staff:

Empager and Mozo Warehouse



Subalternate Staff:

and Sees





The driver will have a plus of 5.88 euros for each day he collaborates in the download, whatever the number of packages and trips he makes.



Saves and Serene


Training Contract

Practical Contract

Chief Technician:

Technical Manager Molinero



Master Moliner




Head of Accounting



Administrative Officer


, Vendors and Buyers


Administrative Auxiliary



Manager and 2. Molinero


Chofer, Mechanic, and Electrician




Unqualified Workers:

, Empager, and Mozo Store


Subalternate Staff: