Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7435
Seen the text of the collective state of action and social intervention 2015-2017, (Convention number 99016085012007 code) that was signed dated May 13, 2015, in part by the Spanish Association of companies of Social initiative and social services (AEEISSS), the State Association of organizations and action and Social intervention (OEIS) and the Association of enterprises of services of care person (AESAP) on behalf of the companies in the sector, and on the other, by the unions General Workers Union (UGT) and Comisiones Obreras (CC. OO.), on behalf of the workers, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995, of 24 March, and in Royal Decree 713/2010, 28 of may, on registration and deposit agreements and collective labour agreements , This Directorate-General of employment meets: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Official Gazette».
Madrid, 22 of June of 2015.-the Director General of employment, Xavier Jean Braulio Thibault Aranda.
Convention collective State action and intervention SOCIAL 2015-2017 chapter I legal nature of the Convention and the preamble bargaining structure.
The signatory parties of this Convention agree on the need to value the sectoral framework as a formula for stability, uniformity and legal certainty which allows the establishment of homogeneous working conditions in line with the economic and social needs at all times.
This agreement will therefore be the minimum framework of application is mandatory for all entities, organizations or companies that do not have own agreement and for those matters that have not been reserved as priority for the Convention according to article 84.2 of the TRET.
The coexistence of the sectoral agreements, company agreements and agreements in the sector should not be reason for conflict or meet, therefore a destabilizing role, but rather on the contrary. The complementarity between the different levels of negotiation must be flexible enough to adapt in each case, the reality of the entities within the sector and to respond as well to the needs that may occur in this area.
Thus, the respective employer and Trade Union representations of social organizations and signatory companies of the present collective agreement, agree to be firm in the defense of the sectoral framework and company conventions to respect it in such a way that they serve as a flexible and complementary tool in matters in which the business Convention has application priority.
Article 1. Signatory parties.
The employers associations representing the sector of social intervention are signatory parties of the Convention on behalf of the Trade Union Party majority unions General Union of workers (UGT) and the workers commissions (CCOO) and on behalf of the employer part AESAP, AEEISSS, OEIS.
The signatory parties are mutually recognized legitimacy to negotiate and sign the Convention collective.
Article 2. Legal nature.
The present collective agreement has been negotiated on the basis of title III of the Statute of workers and in particular according to articles 83 and 84 of the cited legal text.
Its provisions have normative nature and overall effectiveness, so obliged to all entities and undertakings included within its functional, personal and territorial scope in accordance with the principles set out in this chapter.
Article 3. Structure of collective bargaining in the sector, efficiency and competition.
Under cover of as provided for in article 84, in connection with the 83.2 of the Statute of workers, the concurrence of lower level collective agreements it will be addressed, unless express provision of this agreement, apply the contents of the Convention of lower level until the end of its natural term, at which time the new collective bargaining shall conform to the provisions of this Convention , which will be direct compliance and obligatory observance in all sectoral collective bargaining and company that are carried out within its functional scope, in the terms laid down in its articles, minimum conditions, during his term and respecting stated in article 84 of the Statute of workers, relating to the company and conventions with respect to the matters therein.
They will be affected by these rules of competition those sectoral agreements, regional or provincial level that their functional areas coincide in part or in its entirety with the State Convention being those of priority application in relation to this which has in its articles for the affected territory.
Representations of the companies and workers that the entry into force of this Convention are affected by other collective agreements existing company or bonding of subsidiarity to a third party, may expressly adhere to the present, or indirectly linked to the same, by mutual agreement of the parties legitimized to do so, in terms which determines the article 92.1 of the aforementioned recasted text of the law of the Statute of workers Notice joint parties to this collective agreement State and the Directorate-General of employment.
The article concerning subrogation clause, being reserved matter and minimum condition to the present agreement, will be enforceable, without their incorporation into collective agreements of lower level, from the moment of its publication in the «Official Gazette», and if some lower-level collective agreement regulation on this matter, from the moment of the completion of its agreed term.
In accordance with article 84.1, 84.3 and 84.4 of the workers ' Statute, this Convention may be unaffected by another different insofar as it is in force. On the other hand, during its term, you will be affected in any matter by Convention of regional or provincial level respecting as minimum requirements the regulated by this Convention on matters of trial period, modalities of engagement, professional classification, the annual maximum day of work, the disciplinary system, the minimum standards in the field of prevention of occupational hazards and geographical and functional mobility as well as the structure and salary regime, compensation, and absorption of more beneficial conditions and subrogation.
The collective state of action and Social intervention forces for the entire time of their validity to all the institutions regardless of the legal form of their Constitution and workers falling within its sphere of application, as it determined the article 82.3 of the revised text of the workers ' Statute Act and article 37.1 of the Spanish Constitution which guarantees its binding force.
Collective agreements of company or enterprise groups will only have application priority with respect to the State Convention or with respect to the regional or provincial conventions in matters covered by article 84.2 of the Statute of workers.
In other matters, they will be considered minimum conditions regulated in the Convention and the regional or provincial to its territorial scope.
This Convention shall be of minimum necessary law for all companies, regions and provinces that do not have any agreement or collective agreement which les applies and also for those whose normative content does not regulate any or some of the materials that constitute its object.
Chapter II scopes and standards general article 4. Territorial scope.
This collective agreement is applicable to all entities and companies, as well as projects, which develop their activities anywhere in the territory of the Spanish State, without prejudice to the prevalence of implementation of existing territorial sectoral conventions of lower level and company and that meets all or part of the functional scope of the Convention.
In the disposal additional first regulates territorial development recognized as existing, notwithstanding that are incorporated in the future new agreements of less than the State territorial scope.
Article 5. Personal scope.
This collective Convention shall apply to all employees who have employment contract employed with institutions, organizations or enterprises included in their functional scope.
Article 6. Temporary scope.
This collective agreement shall enter into force the day of its publication in the «Official Gazette» and will be in force until 31 December of the year 2017. However its economic effects will be to date 1 January 2015.
The present Convention shall be automatically extended by annuities, without express denunciation and in writing of the same. The complaint should be done by some of the parties of the Convention, in a period of at least three months before the expiry of its validity.
Denounced the Convention, except for the duty of peace, it will continue existing and fully applicable in the rest of its provisions until it is replaced by the new Convention.
If, within the period of twelve months counting from the complaint, the parties had not reached an agreement on the negotiation of a new agreement that will replace the present, shall decide, by common agreement, whether they attend or not the procedure of mediation or voluntary arbitration provided for in the legislation in force.
Once the complaint has been made, collective agreement extended its validity from the date of the complaint and until its replacement by a new one.
In any case, this Convention shall remain in force until its replacement by the new Convention or the arbitral award that becomes, in his case.
Article 7. Functional area.
This Convention shall apply in all those companies, associations, foundations, centres, institutions or similar organizations (in later organizations) whose main activity is the realization of action and social intervention activities, whose legal nature is not governed by public law, or whose sole or main shareholder other than a public service.
Action and social intervention, means the activities or actions, formal and organized way, which respond to social needs and offer care to people who are in particular situation of social vulnerability, whose purpose can be both detect, prevent, alleviate, overcome or correct processes of social exclusion, to promote processes of inclusion or social participation.
The areas of social action, as well as the socio-labour or the health, socio-cultural and socio-educational will be affected by this Convention.
This functional area focuses on the reference catalogue of social services collected in the resolution of April 23, 2013 of the Secretary of State for social services and those that can be replaced, modified or incorporated by the Central Administration and the respective regional Governments, except for those that already have a regulatory framework for conventional alike.
They also will be affected by this agreement all activities, programs, services, resources, etc., including generically in action and social intervention under the definition of the preceding paragraphs, for groups in situation or risk of social exclusion unless they are regulated by the current functional area collected in State juvenile reform and protection under the Convention. Socio-cultural animation, and leisure and free time activities developed for fulfillment of the purposes outlined above except that it was them application Convention of educational entertainment and socio-cultural animation are understood including.
There are also included, exclusively, within the scope of this Convention, international cooperation and development assistance on the terms contained in the second transitional provision.
The effect of describe and clarify the present functional scope complemented the definition with the catalogue of activity that indicates in the first final provision of this agreement, this catalog is not an exhaustive and definitive description of the functional scope of this agreement and may be completed on the proposal of the Joint Commission's interpretation and monitoring of the Convention (CPIVC) of the Convention by the evolution of labor here regulated who will meet in order to decide the call of the Negotiating Committee for the Convention to adapt to the new situation.
Equally, this functional area any less functional scope, not may gleaned is unless a proposal of the Joint Commission (CPIVC), the convocation of the Negotiating Committee decided to adapt the Convention to the new situation by reducing the functional scope, less intended scope, to avoid the crowd, after necessary modification to enable the negotiation of minor fields. Just as you can recommend and commend to future negotiations and bargaining committees the need for developments more comprehensive and specific within the Convention of various activities in successive renewals of the same.
The limitations of application of this Convention, are determined by the definition of its functional scope and exceptions as contained in this Convention and related concurrency rules and others. By way of example and without that the same agote the description of all of them, some of the groups which we refer are: by age groups, children, adolescents, young people, adults and older people not covered by other conventions, collective of women victims of gender violence, other groups of elderly people who suffer from abuse by family violence, immigrants homeless, people with disorders by dependence on any type of addiction and former addiction, mental, unemployed and unemployed health, people prisoners and former prisoners, etc., in all cases people or groups who are in risk or social exclusion situation and on which it is necessary to promote social inclusion, among others.
Divisions, lines of business, sections or other units dedicated to the provision of services of the functional area, even when the activity of the organisation in which are integrated is different or has more than one activity belonging to different sectors, except that the conditions agreed for these organizations are most beneficial to those agreed in this agreement are equally affected by this collective agreement , in which case the same shall be of minimum guaranteed.
Also expressly excludes the application of this Convention the activities covered by the conventions listed in the first additional provision of this agreement.
Article 8. Link to all and review.
All clauses stipulated in the present collective agreement will be reviewed in the event that provision legal, regulatory or judicial decision is declared the nullity of one or more of the agreed clauses.
The parties will be obliged to start negotiations within a month - or the correction period fixed by the labour administration-, remembering the nullity, but only of the clauses affected by the judgment or of the agreement, if it is deemed that dictated nullity affects or may affect the whole of the normative text.
In any case, if within the period of six months is not reached agreement, the initially agreed text will lose its effectiveness for all purposes. Insofar as it does not take this period will remain temporarily force the content of the agreement not affected by the Court ruling declaring nullity or illegality. The linking of the parties to an arbitration or mediation in the event of disagreement can be estimated.
The conditions of the present collective agreement form an all organic and indivisible and, for the purposes of their application, they will be considered globally, assuming the parties compliance with links to all of the same.
In the case of existing collective agreements, concurrent with this inferior to the same scope, whether industry conventions, regional, provincial or local level, or company collective agreements, may not expected the implementation of one or several of its rules, forgetting the rest, but all the effects must be applied and observed a single collective agreement in all its integrity According to provisions of the Statute of workers and in the articles of this Convention.
Article 9. Application of optimum conditions.
9.1 signed and published this agreement and having deployed all its effects, if any, prior to it, more beneficial conditions of personal implemented by organizations, or sections, or units of production, when those exceed those specified in this agreement in a global and annual way will remain entirely so that any working person may be made worse by the introduction of any paragraph agreed to in this agreement.
Similarly, when to the entry into force of this Convention decayeren conventions, agreements or similar lower scope, regardless of its causes, more beneficial conditions in global and annual computation that workers on staff at that time, disfrutaren will have to be considered and recognized as more beneficial conditions of individual personal.
The best economic conditions that come enjoying prior to the signing of this Convention, will be integrated into the staff salary complement "ad personam". Decision of each entity, the complement may be or not tradable annually in line with salary increases occurring derivatives of the negotiating processes.
Of the decision to not revalue the complement must follow a procedure that ensures that only will be affected those economic quantities whose perception stems from a concept not picked up at the Convention as follows: 1 the total salary mass come enjoying the worker as the date of application of the Convention , will be distributed among the Base salary that corresponds by its professional group and the 'ad personam' wage supplement that will pick up the difference, if any, to the yearly total of this mass.
2 of the so-called salary complement "ad personam" will be extracted and they will assign those economic accessories defined in this Convention of jobs that correspond to the worker, these add-ons will be considered consolidated.
3rd once adequate professional classification and the corresponding wage implementation, salary complement "ad personam" resulting will respond to the best economic conditions of personal nature that come enjoying the worker on the provisions of the Convention. This supplement shall be wage consolidatable.
9.2. workers and workers who develop their professional activity in the field of international cooperation or humanitarian aid, economic perception, for exercising the same functions, which would be in the national territory will be guaranteed.
Article 10. Suppletive law.
For matters not provided for in this agreement it shall apply provisions of the Statute of workers, law on freedom of Association, statute of the field worker, other provisions of general character and the specific rules of application in the field of action and Social intervention and social services, as well as the legislation of application on this subject and that is enacted in the field of the different autonomous communities.
Article 11. Joint Committee on interpretation and monitoring of the collective agreement (CPIVC).
Creates a joint Commission (CPIVC) composed of 8 members who shall be appointed by each of the signatory parties, Trade Union and employer, in the way that decide the respective organizations and that pursuant to article 85.3. e) of the Statute of workers means the following issues: a. General functions.
1 surveillance, control and monitoring of the Convention.
2. interpretation of the totality of the provisions of this Convention.
3. prior knowledge and resolution of issues arising from the application/non-application and interpretation of the present collective agreement.
4 receive information from collective agreements governing conditions of work at lower territorial areas.
5 authorizing the opening of new functional areas of negotiation and are from the same territorial scope of this agreement.
6. be informed of the opening of trading on lower territorial areas.
B. specific functions.
1. know and understand the differences in criteria which result from the application of this Convention could arise in the professional classification of workers.
2. at the request of any of the signatory parties, mediate or try to reconcile in their case, and arrangement of these at the request of the same, to arbitrate in conflicts and many times, all of them collective, may give rise to the application of this Convention.
3 in situations of disagreement in the Joint Commission (CPIVC) in the interpretation of the application of this agreement in any of the following matters: a) structure of collective bargaining.
(b) business subrogation.
(c) lift wage or derogating from Convention.
(d) complaint, validity and scope of application.
The parties agree to submit such discrepancy to the arbitration procedure provided for in the agreement on autonomous settlement of labour disputes (ASAC), whose decision shall be binding on both parties provided that it had such a character according to the regulations of the issuing body.
4 knowing and understanding prior to any judicial on the approach of collective disputes arising from the interpretation of this Convention.
5 be informed in procedures of substantial modification or disapplication of the collective working conditions in a period not exceeding three business days from the date of its presentation to the legal representation of workers corresponding by such modification and in the rest of cases according to the provisions of the second additional provision of this agreement.
6. If during the term of this agreement changes occur in the legislation on matters affecting the rules contained therein, the Joint Commission (CPIVC) will meet in order to decide whether to call for the Negotiating Committee for the Convention to adapt to the new situation.
7. be created, within the framework of the Joint Commission (CPIVC), a Committee to develop a proposal that will transfer to the Joint Commission (CPIVC) in order to facilitate the integration of the scope of international cooperation and humanitarian aid outside the Spanish territory to the content of this agreement.
(C) the internals of the Joint Commission (CPIVC).
The Joint Commission (CPIVC) will be established within the month following the signing of this Convention. It will meet on a regular basis, once a semester, and with extraordinary proposal of any of the representations that integrate it, as many times as it deems necessary. Call for proposals and meetings shall be governed by its own rules of operation that will be approved by the own Commission joint (CPIVC) at its first meeting.
The resolutions of the Joint Commission (CPIVC) will require, in any case, vote the majority of each of the two parties, Trade Union and employer, in accordance with its own rules. Resolutions which interpret the Convention, shall have the same legal validity as the norm that has been interpreted.
Establishes that in previous issues of its competence be promoted before the Joint Commission (CPIVC), they shall take, in reply, written form both the promotion and its content will be sufficient to examine and analyze the matter informed and must have as mandatory: exhibition concise and specific topic.
Reasons and foundations that understand attend le proposer.
Proposal and/or specific request formulated by the Joint Commission (CPIVC).
The notice of proposal shall be accompanied by documents is understood to be necessary for the understanding and resolution of the issue.
The Joint Commission (CPIVC) will have a period not exceeding 7 working days to obtain the additional information that it deems appropriate for the resolution of the issue, past which shall have a period of no more than 30 days to resolve the issue raised.
Within this period without resolution or being this disagreement, means that the commission waive to broadcast it and will open avenues of dispute resolution that apply depending on the nature of the Treaty issue.
For the purposes of facilitating the functions of the Joint Committee (CPIVC) the employer associations commit themselves to seek and provide the necessary and sufficient resources for its normal operation and in this sense, it will be regulated in the regulation of internal operation of the Joint Commission (CPIVC). The CPIVC will have their postal address at the headquarters of CCOO, calle Fernández de la Hoz, 21, 1st floor, 28010 Madrid. The CPIVC may modify the same, ensuring registration and publication.
Article 12. Organization of work.
In accordance with the legislation in force, the Faculty and responsible for the Organization of work, as well as the evaluation and incentives for productivity, it will be entities, without loss of powers and rights conferred by law to workers and women workers, as well as to their legal representatives.
The Organization of the work is based, among others, on the following principles: • the suitability of the templates to allow a level of provision of the service agreement, as a minimum, the parameters and requirements established by the public administrations.
• Rationalization and improvement of the processes of social treatment, preventive, inclusion and accompaniment and social promotion.
• The professionalisation and promotion.
• Training and recycling of the staff.
• The efficiency at work.
• The efficient use of all resources.
• The evaluation of the jobs according to the fit between the profile of the post and the skills, training and professional experience of the occupant of the.
Chapter III contract, provision of vacancies and promotion and extinction article 13 systems. Subrogation.
1. general principle.
The signatory parties of the Convention to comply with the principles of stability and quality of employment of workers in the sector, agree to establish a mechanism of business subrogation, or for whom happen or capture part of the activity of another organization, the assumptions and conditions which are detailed below.
1.1 terms and conditions.
They are expressly excluded from the application of the process of subrogation contained in this article: to) members of the governing bodies of institutions, companies or cooperatives, always that their activity in the same only involves the realization of tasks inherent to his position.
(b) managers in the same, regardless of the legal form of organisations that exercise their positions, while they perceive economic supplements linked to the exercise of the above charges.
(c) the liberal professionals and technical advisors, scientists or teachers linked to institutions or companies under civil or commercial contract.
(d) the staff making activities for institutions or companies, linked to the development of their studies, training or research situation already regulated by signing the appropriate agreement of collaboration with educational institutions that apply on a scholarship basis.
(e) the personnel belonging to other organizations other than the employer and that provide their professional services for the same based on a contract, contract or entry to temporary provision of services.
(f) social volunteer work, which shall be governed by the provisions of the respective laws of volunteering.
(g) the members of religious communities, which, as such, provide your service centres or programmes on which such orders have ownership or management.
(h) workers or expatriates as they provide their service in mission or destination within the framework of international cooperation for the development of their organizations outside the national territory that are specifically governed by the laws of international cooperation for development and the status of the field worker.
The change in ownership in the provision of services or equivalent legal formula contract, signed between entities or companies affected by the present Convention and the recipients of that service or customers implies that the new entity or company won the contract for the service or continuation of the activity, is subrogated to the rights and obligations which the former had regarding its workers , partners and workers members and cooperative workers.
The company or entity that termination of the service will have to inform workers subrogation on the social reason of the new proprietor and his home whenever possible.
At the time of subrogation, the company or entity earnings will have to make and pay the individual settlement of the proportion and assets accrued to each of the subrogated except earrings to enjoy holidays.
For the case in which the labourer had outstanding vacation at the time of the change of ownership, the company or incoming entity it must allow the enjoyment of these, in accordance with the work schedule and in accordance with the legislation in force.
The company or outgoing entity will have to pay to the company or incoming entity - in the time of the subrogation-the economic amount in respect of accrued and holiday enjoyment by Mediterrenean workers and its respective price earrings.
The transferee shall have obligation to stand in the relationship of the worker or a worker who has not served on the Centre or physical space provided during the six months immediately prior to the completion of the previous contract, service or ownership, unless the contract of service signed by the company or entity outgoing is less than six months , and in this case it will add the time provided in the immediately preceding dealer.
In the event that low, absences, leave, etc., the worker has been replaced by an interim, the new proprietor or licensee have to subrogate two workers in identical conditions, i.e., once determined the cause that had given rise to the replacement, interim cause final decline in the company.
If in the workplace they serve their workers or workers with discontinuous fixed contract or contract suspended due to legal - except those who are on voluntary leave according to article 46 of the E.T.-six months to that referred to above should be the immediate prior to the suspension of their respective contracts.
Understood as being a time of service, periods of holiday, temporary disability or suspension of contract for legal cause, except the unpaid leave contained in article 46 of the E.T.
The entity or company outbound, within a period of seven days since it has knowledge of the completion of their services and, in any case, before transfer service, have to deliver incoming corporate or entity or the entity or company that pass to take charge of the service a document containing the following data: 1. number of workers on staff affected by subrogation, with identification of the type of contract.
2 list of workers, including in subrogation, with temporary contract and types of contract last year and, in a situation of temporary disability or legal or forced leave.
3. agreements existing own and subrogated.
4 day and hours of work agreed with each worked and worker, as well as any change made in the last six months, with justification for this.
5. wages agreed upon individually superior to Convention and justification for any change made in the last six months. In any case, the entity or incoming company it is not bound to comply with wage increases that have occurred in the last six months, provided that these do not arise from application of the Convention or the signed pacts with the representation of workers, provided, these last ones were registered and deposited in the register of conventions and collective agreements in the geographical area that appropriate prior to the new adjudication or subrogation.
6 holiday calendar.
7. certificate of the competent body to be aware of payment to Social Security.
8 photocopy - if any-, book tours of the Center.
9 sheets of wages or receipt of assets of workers subrogated in the last twelve months.
10. receipts of liquidation of the shares.
11. photocopies of the TC - 1 and TC-2 of the last twelve months.
12 of each worker and temporary worker who is subrogated should facilitate, together with the current temporary contract and its extensions, the previous temporary contract - if any - as well as liquidations, UPS and downs in the welfare contracts.
13. the entity or outgoing company must inform the new owner of all outstanding Government Labor Affairs.
For the personnel that will be subrogated, when it is necessary to confront or supplementing information from the entity or company outbound, you will need to facilitate the new holder, prior to its subrogation, the necessary documentation to the effect, if you have it.
In the event that the staff affected by the subrogation any unpaid, discovered Social security or irregularities in wages, generated by the entity or outgoing company or others from previous workers must also be subrogated by the new owner, without prejudice to liability for such defaults, discovery or irregularities remaining outgoing company. In any case, the entity or company alleged infringer will have to answer for all of the damages caused by its breach.
Where the recipient of the service or customer decides to unilaterally close or directly manage service temporary or permanently, you need to take to the personnel assigned to the said service.
The binding of the subrogation does not disappear in the case that the Administration suspend the service for a period not exceeding one year.
The subrogation will not proceed to high management of the entities or companies.
Both the entity or company incoming and the outgoing have to notify the execution of surrogacy legal representation of their workers when they have knowledge of the same.
2. guarantees of the unitary and Union representation.
Will remain unified and Union representative bodies existing at the time of subrogation, delegates, committees and unions in the centers affected, in accordance with the following criteria and safeguards: to) representing exclusively the Center object of subrogation: maintenance of current unitary and Union representation, namely, as well as the list of alternates, which emanated from the last trade union elections safeguarding the capacity of representation in the Centre and on the collective in the company or organisation of destination, as well as the rights and guarantees arising from its status as legal representation of workers, all up to the realization of a new Union election process.
(b) in another case: If subrogation require integration into a centre with representation, will keep the rights and guarantees emanating from its status as legal representation of workers, all of this until the new Union elections. Without hold legal capacity of representation in the new center but with voice and right to participation of labour relations of the same, next to the existing representation.
Except as provided in the preceding paragraph of this same paragraph b), those delegates of personnel or members of the Committee of company, if any, that were fixed template of the entity or company outbound within the six months prior to the effective date of the change of contractor, had been transferred and assigned to the work center that is the subject of such a change they will have the option to join the new bidder or to remain in the template of the outgoing concessionaire, provided that it exists because of your professional group. In the latter case, the delegate, delegate or member of the Committee, you must accept work assigned in accordance with the labour legislation.
Article 14. Provision of vacancies and newly created posts.
Revenue systems and provision of vacancies shall be governed by the principles of equality of opportunity, transparency, publicity and technical competence.
From the entry into force of this Convention, for the coverage of these posts will be in any case a process of internal communication in which square will be offered to the staff of the company, Center or institution, in accordance with the selection criteria that the company establish in each case.
It will favour internal promotion of the Organization's staff.
In any case, from the signing of this Convention, all organizations that need them application, shall develop a standard of internal application, and mandatory, that at least covers the requirement to first the range of vacancies and positions, which do not refer to positions of trust, to workers of the provider entity having at least six months of seniority recognized. This Regulation shall contain, at least, information, procedures, and rights of participation and consultation. Once made this norm shall be communicated to the Joint Committee of the agreement (CPIVC) for your registration.
Article 15. Recruitment.
In order to give the sector a stable model of labour relations, which will benefit both institutions and personnel, that eliminates inequalities in access to employment and conditions of work with respect to women, young people, immigrants, people with disabilities and for those with temporary or part-time, work that contributes to the recruitment of talent from the entities and companies reduction of temporality and job rotation, and in order to get attention to the users is of the highest quality and more possible qualified, will prioritize the indefinite hiring.
With a temporary contract and fixed-term staff will have the same rights as staff with contract of indefinite duration, without prejudice to the specific peculiarities of each one of the contractual arrangements in the area of extinction of the contract and those expressly provided for in the law in relation to training contracts and practices.
In the scope of the present Convention, contracts, extensions or modifications thereof must be made in writing, taking the hired person the right to receive a copy of the contract at the time of the signing. On the other hand, organizations will be required to provide legal representation of workers basic copy within a period short, not more than ten days, starting from the signature of this.
The modalities that are regulated by the legislation in force at any time will be used.
The effects related to the minimum content of the contract and its essential validity requirements shall apply to arranged in article 8.5 of the army or the legislation in force at any time.
Article 16. Indefinite contracts.
Subject to the exceptions established by law and those indicated in the following articles, staff included in this agreement means contracted for an indefinite time.
Staff hired by companies and/or entities without agree no special mode with respect to the duration of the contract shall be considered fixed once the trial period has elapsed.
Staff will have the status of indefinite if, after the maximum period of duration of the contract continues to develop their work unless the very nature of the activity be deducted its temporary character.
The contract for an indefinite time of fixed discontinuous arrange for jobs that have fixed character batch and will not be repeated at certain dates, within the normal scope of activity of the company.
The assumptions of batch jobs that are repeated on certain dates it will be of application regulation of the part-time contract concluded for an indefinite time, as established in article 15 of the Statute of workers.
The permanent-intermittent workers will be called in the order and as determined in the respective lower level collective agreements, or agreements with the RLT on the level of the undertaking.
Article 17. Temporary hiring.
They may contracts of duration determined in the following cases: a. the contract for work or specific service.
As set forth in the legislation in force, it aims at the realization of a project or specific service, with autonomy and own substantivity within the activity of the company, and whose execution, although limited in time, is in principle of uncertain duration. It shall not apply therefore to contracts that they are made to carry out facilities or services that are considered as a subjective right or guaranteed delivery in different laws of State or regional level governing the sector.
This type of contract will be used to meet the needs of those jobs that correspond to programs, centres or services regulated through agreements or grants which are subject to a time-bound or have limited time financing.
Their possible extinction (closing of the service by the non-renewal of the agreement or exhaustion of the grant or assistance) will be considered as a completion of work and service that will be applicable as provided for these cases, the Statute of workers, both for general or specific legislation that is applicable to this type of contract.
In this sense are identified as contracts of work and service in the following cases: 1. those who are linked to the creation of new programs, centres or services whether by agreement, grant or initiative of the entities in the sector. The duration of this contract will be the time required for the completion of the work or service of the contract which may not be more than three years.
However the parties agree that they may be extended up to the maximum of 4 years time where the duration of the work or service funded by third parties more than three years.
After both times, continue to service the / the same worker/a for the same work or service, will acquire the status of permanent workers of the company.
Consistent with the above, this type of contract will not accept more than two extensions.
In the contract of employment, you must specify clearly, what activity or project is attached the temporary contract.
B. any circumstances of production contracts.
The realization of hiring eventually will have character exceptional in the sector of intervention Social, will come given by the increase subsequently of needs or by the realization of works sporadic and occasional of duration limited. This contractual modality will be duly motivated and will obey circumstantial reasons and, where appropriate, a transitional measure.
In such cases, the contracts may have a maximum duration of twelve months, within a period of eighteen months, from the moment in which such reasons occur. Where the contract had been concluded by less than the maximum 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.
Where the eventual contract is terminated at the end of its duration, not is can hire any other worker or any worker to fill the same post until five months have elapsed.
For the implementation of temporary contracts, company or entity shall be subject to the provisions of articles 15 and 49 of the Statute of workers.
C. interim or replacement.
You will be made when you try to replace workers or workers with right to reservation of the job, provided that in the contract of employment specifying the replaced name and the cause of replacement. The personal interim ceasefire will take place when the person who replaced, in the manner and time, legally established to reintegrate.
In addition to the cases regulated by law and legal, are established the following reasons for its application: suspension of employment and salary for disciplinary reasons, leave of absence with job reservation, by promotion in probation, parental leave, maternity leave or risk during pregnancy, temporary disability by medical or other cases referred to by law.
D. contract practices.
Engagements undertaken to effect by companies benefiting from this agreement on modalities of contract practices, will have limitations and qualifications requirements laid down in the Statute of workers.
Will only be liable to contract in practice who have University, vocational degree degree medium or higher degrees officially recognized as equivalent, within the five years following completion of the corresponding studies, or seven years when the contract is concluded with a worker or a worker with functional diversity, following the termination of the corresponding studies.
The maximum length of such contracts may not exceed two years or be less than 6 months.
Internship contracts shall be considered as ordinary contracts indefinitely if the worker to continue serving after having exhausted the maximum duration of the contract and there had been no express denunciation.
The remuneration may not be less than 70% Convention according to professional group wage during the first year, and not less than 85% during the second year.
The trial period may not exceed one month for qualified media and certificates of professionalism of level 1 and 2, and two months for qualified academics and professionalism of level 3 certificates.
Termination of contract practices, the company delivered to the labourer a certificate which will comprise the length of practices and the post or held jobs.
In not established in the collective agreement, will be for any interpretation of this paragraph the provisions of the Statute of workers.
E contract for training and learning.
Contract for training and learning: the object of this contract will be the professional qualifications of workers in a system of alternation between paid work and training activities in the framework of the system of vocational training for employment or educational system. The maximum number of contracts for training that companies may make will be 12% of the workforce.
This contract may enter into with workers or workers over the age of sixteen and under twenty-five years lacking professional skill. The duration maximum of this type of contracts not may exceed of 3 years nor be less to 1 year.
Effective working time shall be compatible with the time devoted to training activities in accordance with the agreement between the contracting entity/organization and the SEPE and may not exceed 75%, during the first year, or 85%, for the second and the third year, the annual maximum day provided for in this Convention.
These workers or workers may not perform overtime or night work or shift work.
Contracts for the training will be considered as ordinary contracts indefinitely if the labourer to continue serving after having exhausted the maximum duration of the contract and there had been no express denunciation.
If at the end of the contract the worker or a worker were to continue in the company not a new trial period you may enter into and the training period be calculated for all purposes as of old in the same.
The remuneration of the worker hired for training and learning will be proportional to agreed effective working time and in any case in accordance with the minimum of 70% the first year, 80% the second year and 90% for the third year of the salary of the position of reference.
In not set out in the collective agreement will be followed for any interpretation of this paragraph the provisions of the Statute of workers.
F. relief contract.
Companies may conclude part-time contracts with their own workers or workers who meet the General conditions to be entitled to contributory old-age pension, except age, that will be as you establish the legislation in force.
The contract of respite care will be formalized to full-time or part-time. Continuation of part-time work and their remuneration shall be compatible with the perceive of the pension Social Security recognized at the labourer.
In order to celebrate this contract, the company will hire the contract of respite care, simultaneously to other unemployed labourer or that has contracted with the company a contract for a fixed term, as a minimum, by working day that has reduced the labourer relieved.
In the event that the relieved labourer does not reduce your day up to the maximum limit as provided, you can at the beginning of successive calendar years reduce gradually the day up to that limit. The company simultaneously expand the day worker or a worker hired relay.
As a general rule, once terminated the contract of respite care, the labourer who had been hired will go into the permanent status, provided job stays in the company.
Article 18. Trial period.
All new personnel will be subject to a trial period, which will be six months for technical graduates with indefinite contracts and two months for the rest.
During the trial period, both the person contracted and the ownership of the organization may freely solve the employment contract without notice and without compensation.
The period of testing the worker or a worker it will become part of the staff of the Organization computing for all purposes in this period.
When temporary staff is subjected to successive engagements, do not require trial period, provided that the duration of the previous temporary contract or previous temporary contracts exceeds the test period for your professional group.
The situation of temporary disability, maternity and paternity leave be interrupted trial unless agreed between the parties.
The labourer who has passed a testing period for the exercise of his post, will not be subject to other periods of test for that same job.
Article 19. Reserve your place for people with functional diversity.
Institutions and companies linked by this Convention undertake, as a minimum, to the strict fulfilment of existing obligations in every moment in the field of labour insertion of people with functional diversity.
The company, prior relevant technical advice, will determine which are reserved jobs to be able to comply with this purpose, according to the characteristics of the degrees of disability, as well as necessary adaptations to the post.
Article 20. Voluntary cessation.
Staff who voluntarily want to cause the company low shall notify it in writing at least one month for groups of 0 and I and 15 days for the other groups.
The lack of established notice will enable the contracting entity to deducted at the time of the liquidation and settlement, the equivalent daily of their actual remuneration for each day of delay with respect to the established in advance.
The company comes forced to accuse receipt of the communication made by the worker or worker.
Chapter IV classification professional article 21. Classification professional.
1. provisions General.
1.1 is understands by system of classification professional it management legal by which, with base technical and organizational, is contemplates the inclusion of those workers / as in groups professional that set of way general them different committed labour.
1.2 is understood by group professional which gathers unitarily them skills professional, qualifications and content general of the provision. Within a same group may coexist different qualifications and skills professional, as well as different contents of the provision, as may include different tasks, functions, specialties professional or responsibilities assigned to them workers.
1.3. the professional classification system will be the basis on which shall be governed the way to carry out functional mobility and their different assumptions.
1.4. the professional classification system shall apply to staff whose work develops within the activity framed in the functional scope of this Convention. Entities and organizations affected to this Convention, will benefit from a maximum of six months from the entry into force of the same for the adaptation of the personnel, professional classification established.
2. basic aspects of classification.
2.1 establishing professional classification system, primarily, according to the criteria set by article 22 of the E.T. for the existence of a professional group: professional skills, qualifications and general content of the provision.
2.2. the professional classification is carried out in areas of activity and professional groups for interpretation and application of general objective factors and the tasks and functions that workers develop. These, according to the professional activity to develop, will be attached to a particular area of activity and a professional group of those laid down in the present chapter, circumstances that will define its position in the organisational and remuneration scheme of the company.
The possession by a worker or a worker of some or all capabilities of a particular professional group, does not necessarily mean their allegiance to him, but that his classification is determined by the demand and the effective exercise of such capabilities relevant to their job functions. In any case, such knowledge by the worker/a will valid you and the company shall take them into account in promotions that may arise.
The professional classification established does not oblige to dispose of all the activities, tasks and / or functions that here are reflected in the different professional groups and activity areas if the need, the nature and the volume of activity of the company or entity does not require it.
2.3. the factors that will guide the professional classification of workers and that, therefore, will be indicative of the membership of each of these to a specific professional group, all according to certain criteria in article 22 of the E.T., are those defined below: 2.3.1 training: factor for whose valuation shall take into account the body of knowledge experience and skills required for the normal performance of a job, referring to a function or business activity. This factor is formed by: • degree: considered the minimum initial level and sufficient theoretical knowledge that a person must possess in order to satisfactorily perform the functions of the job.
• Specialization: It is considered complementary to the basic initial training or specialized knowledge requirement.
2.3.2. initiative: for whose valuation factor be taken into account the degree of compliance to standards, procedures or guidelines for the execution of tasks or functions.
2.3.3 autonomy: factor for whose valuation shall take into account the degree of dependence on hierarchical in the performance of the functions, as well as the degree of decision and action granted to a particular occupation to achieve established outcomes.
2.3.4 responsibility: whose valuation factor will take into account the degree of autonomy of action of the role holder, the level of influence on the results and the relevance of the management of the human, technical and productive resources.
2.3.5 control: whose valuation factor will take into account the degree of supervision and management functions and tasks, the ability of interrelation, characteristics of the collective and the number of people over which it has control.
2.3.6 complexity: factor for whose valuation shall take into account the number and the degree of integration of the various factors listed in the task or entrusted post.
3. functional areas.
He is understood by functional area or activity the company organizational groupings, taking into account both the content of the posts that comprise it as the essential objectives that define them. Also, will guide the natural path of a professional career and possible horizontal mobility within each professional group. The functional areas common to all professional groups are as follows: 3.1 Area of social intervention and direct attention: all jobs whose mission is the development of the vocational and technical activity for the nature and purpose of the Social intervention sector, all this framed in the functional scope of the present Convention are integrated in this area of activity.
3.2 planning and management area: are enclosed in this area of activity all the posts that have the primary functions work planning, internal control of the company, cross-cutting administrative services, overall management of information and documentation of a technical or administrative nature and whose aim is to give support to the area of social intervention and direct attention to good order and operation. Groups tasks of Secretariat, economic, administrative and human resources management, as well as, where appropriate, the commercialization.
3.3 area of services and not technical auxiliary activities: gathers job functions auxiliary and ancillary to the principal activity.
4. professional groups.
Functions or duties described to determine the overall content of the provision for example in all occupational groups that are listed below, have a character, including, without limitation, and should serve as a reference for the assignment of similar positions that already exist under another name, as well as which may arise after fruit of the evolution of the sector.
From the moment that exist in a company or entity a labourer who routinely perform the specific functions of the definition of a group and professional activity, shall be paid, at least with the remuneration which it is assigned in this agreement.
In those cases that the affiliation to a particular group and its corresponding task is accurate or professional activity come not collected in the present collective agreement, it will be carried to the Joint Commission (CPIVC).
Professional groups are as follows: 0 professional group.
General criteria: the overall content of the provision determined among other functions of coordination, planning, organization, direction and control to the highest level of the different areas of activity of the company.
The responsibilities of the personnel belonging to this group are aimed at the realization of the business or organizational guidelines aimed at the efficient use of human and material resources, taking responsibility for the planned objectives. Decisions affecting key aspects of activity of the company or organization and the performance of managerial positions in different areas of activity and departments are also included.
The staff of this professional group is freely appointed by the company valuing their professional and personal abilities.
Professional group 1.
General criteria: Different assumptions, attending to the conjugation of the functions with the factors that influence the classification are included in this group.
The general content of the provision is defined, among others, features that require a high degree of autonomy, professional knowledge and responsibilities which are exerted on one or more departments or sections of the organization. They are based on very broad guidelines, must give an account of its management managers of areas of activity or existing departments.
Functions which consist of complex tasks and diverse, with defined objectives and high degree of autonomy and responsibility requirement.
Include, in addition, the performance of complex tasks that may or not imply command responsibility, and in any case require a high intellectual or human interaction content. They can develop the coordination of collaborators in its functional area or activity.
Education: University degree. Degree of FP complemented with extensive professional experience and/or specialized training. Or failing that, with knowledge acquired in the performance of their profession, supplemented with specific training in the workplace that is equivalent to the qualification concerned.
In any case, the requirements of specific qualification for the performance of their profession, on all that is thus established by legal regulations will be respected.
In this group, similar to the concerned professional activities are included below and which may give rise to the application of the «Add job» is relinquished.
So general and guidance will integrate this group those skilled technicians who assume a high complexity in the solution of problems associated with their area of specialty. Their frame of reference is defined by legal and deontological regulations related to the activities, as well as the policies defined by the organization. Tasks which require high intellectual content and perform complex tasks without that necessarily imply a command.
• May be responsible for projects, centers, programs or services of particular relevance and uniqueness with a high degree of determination, autonomy and responsibility. They combine technical, economical, organizational type and variables with high impact of their results in the organization.
• In the same way can develop the coordination of collaborators in its functional area.
Indication we can mention the positions of: Economist, Social educator, Graduado Social, psychologist, Social worker, or any that is the name that each organization use provided that it conforms to the definition of functions above.
Professional group 2.
General criteria: are posts that require understanding and mastery of the theoretical and practical foundations. The decisions taken and their level of autonomy are related to the application of systems, guidelines, procedures and methods of work previously defined.
Functions: they consist of performing tasks in complex medium and characterized by the performance of a set of well-defined operational professional activities, with the ability to use tools and techniques that concern mainly a job of execution, which may be self-employed in the limit of these techniques. These activities are limited to areas of professional expertise.
Training: Vocational upper or middle grade, or academic equivalent, complemented with knowledge acquired by demonstrated experience in your job and complemented by specific training necessary to develop the feature work.
This group includes professional activities similar to the concerned then by way of indication and that may lead to the application of the «Add job» is relinquished: Social integration technician, technician in Socio-cultural animation, computer programmer, technician in administration and finance. Cook entitled, technical administrative, etc.
Professional group 3.
General criteria: autonomy and complexity are given by the own normative or procedural framework of activities and may have operational responsibility for update, treatment, availability and control of information, documentation, especially in administrative support positions.
Your liability is limited by a direct and systematic supervision.
Duties: tasks consisting in the execution of activity that, even if they are made under the instructions you need, require adequate professional knowledge and practical skills.
Required knowledge, skills, and domain within your specialty within an area of functional activity. They run auxiliary activities of support or support to other jobs or projects, corresponding to well defined and standardized processes.
Training: Require competition derived from the academic and/or professional training of medium, or equivalent degree, completed with an experience or professional qualification required for the development of its function.
In this group, similar to the concerned professional activities are included below and which may give rise to the application of the «Add job» is relinquished.
Indication: Monitor program or workshop, Assistant home, auxiliary health worker help service / family, kitchen, personal maintenance, Administrative Assistant, etc.
Professional Group 4.
General criteria: will be normally put support assistant who follow routines and specific instructions simple and repetitive.
Functions: tasks which consist of activities carried out by a method of precise, with a high degree of supervision work. They require professional knowledge of elementary character and a brief period of adjustment.
Training: basic training required is ESO or equivalent basic vocational training, which can be complemented with specific training environment or professional experience.
This group includes professional activities similar to those referring then to guide: goal, Ordinance, Concierge, personal cleaning, warehouse and delivery personnel, telephone operator.
Both parties expressed their interest in the tender documents that establish the administrations for the procurement of services and / or activity framed within the functional scope of the agreement of action and Social intervention are especially friendly with the professional and salary classification that are established in the same. Likewise express their interest in that the requirements of these calls respect scrupulously the terms established for the secondment to the professional group and wage level, according to the functions to develop, the required training and other factors set forth for this purpose as provided in this collective agreement.
Them conditions labor and wage that is set in this Convention not is will be affected by the conditions established in such spreads.
Chapter V days, holidays and article 22 permits. Day.
The annual maximum working effective work during the term of this collective agreement is set to 1,750 hours a year.
This annual day will be valid for all staff employed by the companies or entities in normal cycle services.
Continuous cycle means those activities which are developed without interruption 24 hours a day 365 days a year.
It is defined as effective working time that which the labourer is develop real work, from the time of input to the output of your job.
Working hours effective those engaged in internal or external coordination, planning, scheduling, preparation, monitoring, evaluation, writing reports or memoirs, meetings, shopping, or any other analog or necessary tasks for the proper development of the entrusted work, are also considered provided that they are developed in the center of work or place indicated by the company for this purpose.
For who its activity develops essentially centers or places of work not fixed or itinerant, the computation of the ordinary day start from the established place of collection or meeting, or control center, both at the entrance as in the output of the work.
Provided that the duration of the day exceeds 6 hours, a rest period will be established during the 15-minute, which shall be regarded as effective time of work for all purposes.
Exceptions to the system and general assignment and realization of time working computation referred will be realized by agreement between the legal representation of workers, and the address of the entity, in particular for those activities or services requiring continuous cycle.
Companies and organizations come annually required to proceed to publication of the general work schedule which includes working hours, the annual distribution of the working days, public holidays and General breaks. Such publication will be sought prior to 22 December of the preceding year prior communication and consultation to the legal representation of the workers.
The organisations of the sector seek to establish a flexible hours a minimum of half an hour at the entrance and exit whenever permitted by the needs of the service.
Article 23. Night work.
Hours worked during the period between the twenty-two hours and six in the morning shall be regarded as day night, not yielding the corresponding functional complement of night in the case of specific contracts for this type of night work mode, it shall be governed by the specific conditions agreed with the worker, including their remuneration and this includes , as a minimum, the compensation in the complement of night or the compensation has been agreed this work by breaks.
Likewise, will have the character of holiday or Sunday when the night day starts the Halloween holiday or Sunday.
Article 24. Overtime.
In order to foster a solidarity-based social policy that promotes job creation, suppression is agreed common overtime and is recommended to the organizations covered in this agreement that replaced the realization of these hours with new hires or forms of work organisation more effective to the extent of its possibilities.
Depending on the objective of aforementioned employment and international experiences in this matter, the parties of the Convention considered positive to designate their representatives the possibility of preferably compensate overtime that exceptionally they may occur for time off instead of their remuneration and that are classified as follows: 1. force majeure overtime compulsory, which come demanded by the need to prevent or remedy accidents and other analogs whose implementation does not produce obvious and serious damage to the organization or to third parties and to be compensated at the rate of per made extraordinary hour, 1 hour and 20 minutes of break from Monday to Friday, and every extraordinary hour performed on Saturday , Sundays and/or public holidays, 2 hours of rest.
2 overtime on a voluntary basis necessary for periods of end of work or specific circumstances of production and/or service when these periods are unforeseeable or non-realization produce serious breach of activity, such as unforeseen absences, the implementation of projects, unexpected of shift changes and similar to be compensated at the rate of per hour from Monday through Friday by 1 hour and 20-minute rest, and by extraordinary hourly carried out on Saturdays, Sundays or public holidays, 2 hours of rest.
If carried out, they compensated by rest periods within 6 months of its realization.
Article 25. Weekly rest.
Workers are entitled to an uninterrupted weekly rest for two days.
In the cases in which no can be guaranteed that the weekly rest period coincides always on weekend, efforts are made to at least match on Saturday and Sunday in alternate weeks and will be a minimum clearance of a full weekend every two consecutive weekends of work.
Week working on Saturday and Sunday, the clearance shall comprise two consecutive same week days, except that accumulated weekly breaks for periods of time longer, and may not exceed in any case such periods 14 days.
This general rule will not apply to staff hired for the coverage of the service on public holidays or weekends.
For the days of the cycle in which the activity occurs Monday through Sunday, the staff is entitled to a minimum continuous weekly rest of 36 hours, to which must be added the twelve hours rest between consecutive days. This rest is set on a schedule of shifts.
Article 26. Holiday.
All workers are entitled to enjoy 23 working days of vacation per year worked or the proportion that corresponds according to the time worked. In any case, annual leave shall include in computation of hours which correspond to the day of the labourer by the number of days to which is entitled.
Enjoy the annual holiday period into two periods at the choice of the labourer, and may opt for fractionation into three periods only in cases that they have express authorization of their respective entity, unless concerned entities, projects or services having set a closing date for vacation.
The concretion of the date of the holiday will be by mutual agreement between the entity or company and the labourer, and the entity may exclude holiday period as one in which occur tips or increased workload.
Holiday dates have to be known two months in advance at the beginning of the possible enjoyment. For this purpose personnel should formalize the request of its preference at least three months in advance regarding the date of commencement of the possible enjoyment.
When the holiday period set out in the company vacation calendar coincides in time with a temporary disability arising out of pregnancy, childbirth or breastfeeding or the period of suspension of the contract of employment provided for in article 48.4 of the Statute of workers, are entitled to enjoy holidays on a date different from the temporary incapacity or the enjoyment of the permission for application of this precept It corresponded, at the end of the period of suspension, although he finished the calendar year to correspond.
In the event that the holiday period coincides with a temporary disability for contingencies other than those set forth in the preceding paragraph which hinders the worker to enjoy them, total or partially, during the calendar year to which correspond, the worker may do so once end their inability and always that not after more than eighteen months from the end of the year that have originated.
In any case, seek the staff ensure a minimum of 10 working days continued in summer period between June 1 and September 30.
However the above in the case of international cooperation while it develops its work outside the Spanish territory the entity and the worker may set a mutual agreement of the parties than enjoyment.
Staff who ceases during the year, is entitled to the enjoyment of their proportional share of holiday or your compensation.
Article 27. Reduction in working hours.
Staff which, by reason of the legal guard, has direct care one person under twelve years of age, anyone with situation of recognized in severe dependence or high dependency, under 18 with serious illness or person with physical, mental or sensory disability that does not perform another paid activity, who require responsible for the direct care of a family member up to the second degree of consanguinity or affinity which for reasons of age, accident or illness could not fend for itself, parents or guardians in cases of births of premature children or who, for whatever reason, must remain hospitalized (for the duration of hospitalization), the victims of violence of gender are entitled to a reduction of their daily working day , is reduction may be monthly and enjoy is in days full whenever the needs organizational and of the since so it allow.
The reduction can be extended between one-eighth, as a minimum, and half of the duration of the day, maximum. The salary shall be reduced proportionately. In the event of a reduction in working hours for persons under 18 with severe disease the reduction in working hours may be extended beyond the half of the duration of the day in accordance to the article 37.5 ET.
If two or more people to generate this right by the same subject that causes, entities may limit its simultaneous exercise for justified reasons of performance. The concretion time and the determination of the period of enjoyment of the permission of reduction in working hours, for any reason that generates such right of enjoyment of reduction in working hours, that correspond to the worker or employee, within the different forms of management time existing in the company.
To exercise this right, the labourer must notice in writing, except for force majeure with at least 15 days in advance, indicating the date they begin reduction of day as well as the conditions in accordance with the provisions of this article, likewise you must notice fifteen days in advance of the date where re-join your ordinary day.
Article 28. Not paid licenses.
Personnel with a continued working relationship over a year may request, by particular interest, not paid leave of a minimum of fifteen calendar days and a maximum of three consecutive months duration every two years, provided that no while enjoying simultaneously this type of permission more than 5% of the staff of the entity or 20% of their work or professional group team. The application for the licence must be made with at least fifteen days prior to the date in which it is intended to begin to enjoy.
to) permission not paid for hospitalization or illness serious of the spouse, sons, daughters or relatives up to the second degree of affinity or consanguinity.
You can request this permit that worker, man or woman, justifying the hospitalization mentioned.
The worker, male or female interested should request it as far in advance as possible.
This permit shall be a maximum of eight days natural/year additional to those established as a paid license.
The granting of this permission by the management of the company shall be subject to service needs and approval.
Article 29. Paid licenses.
(a) staff shall have the right, through the appropriate justification, leave paid by the times and following causes: 1. by reason of own marriage or couples in fact, whenever they contained registered in the corresponding register, the labourer shall be entitled to a license of 15 calendar days. The labourer that new marriage or again constitutes couple in fact provided that they contained entered in the corresponding register, fulfilling the requirements, shall have the right to the granting of a new license of the same duration.
2. three days of which at least two will be labour in the case of birth or adoption of a son or daughter in the same province of residence or a day more if it is more than 200 km.
3. three days of which at least two will be working in case of accident or serious illness, surgery, hospitalization, surgical intervention without hospitalization requiring rest house or death of relatives to the second degree of consanguinity or affinity. Where, for these reasons, the worker or a worker need to move more than 200 km, the permission will be one more day. In cases of hospitalization, intervention, serious illness or accident, be allowed permission fractionation, enjoy the same way discontinuous duration of this situation and up to eight days after discharge from hospital or ten calendar days counted from the day in which occurs the causal event, including. You can expand these days discounting them vacation, upon request of the employee and it permitted the proper organization and functioning of the service.
4. a weekday by transfer of usual address.
5. the day of the marriage ceremony of relatives to the second degree of consanguinity or affinity.
6. a weekday's own affairs throughout the calendar year.
(b) staff shall have the right, through the appropriate justification, to leave his post for the time necessary:
1. for the fulfilment of an inexcusable duty of public and personal nature understood the exercise of right to vote, as well as a jury membership or attendance at trial when the presence of the worker indispensable.
2. by the time necessary for the medical care of the worker in the public health services.
3. by the time necessary, for the accompaniment in medical care in the public health services of children under 8 years must be justified later to a medical visit to the minor.
4. by the time necessary, for the accompaniment in the medical assistance to the public health services up to the first degree of consanguinity or affinity of family member with disability, age, accident or illness that could not fend for themselves and not play paid activity, provided that no reduction in working hours has been requested by this same circumstance.
((c) them parents will have right, through the timely justification, to permissions paid by them times and causes following: to) for the realization of tests prenatal and technical of preparation to the childbirth, that should perform is within the day of work, by the time that last them same until a maximum of 2 hours daily.
(b) up to a maximum of two hours a day to cater for premature or newborn children who must remain hospitalized after birth during the period hospitalization, provided no reduction in working hours has been requested by this same circumstance.
(c) up to a maximum of 3 working days for the submission of previous medical or clinical justification for the treatment reproduction techniques.
For the purposes of this article, the relationship of consanguinity or affinity includes: first degree: spouse, parents, in-laws, children, son-in-law and daughter-in-law.
Second grade: grandparents, brothers, in-laws and grandchildren.
Article 30. Permissions for personal, family and working life and for reason of gender violence.
As the interest of the parties of the Convention show its firm support to the improvement of measures favoring a greater quality of life towards the reconciliation of working life, personal and family, remember this article as follows: 1. permit paid maternity leave.
Maternity leave will last for 16 weeks uninterrupted, enlargeable in two weeks in the event of childbirth, adoption or foster care multiple, single-parent families, sons or daughters with disabilities or for each child or daughter from the third party/a (included).
In the event of death of the son or the daughter, the period of suspension will not be reduced unless, after six weeks of mandatory rest, mother requested to return to his post. This is applicable even if the fetus does not meet the conditions laid down for acquiring personality (life birth, detached entirely from the mother's womb), provided that it had stayed in the womb for at least 180 days.
In the case of adoption or foster care, pre-adoptive and permanent, under six years of age and older under six years of age in the case of children with disabilities or that by their circumstances and experiences a personal or that come from abroad, they have special social and family integration difficulties duly accredited by the competent social services, permission will be calculated at the option of the employee , from the administrative or judicial decision of foster care, from the judgment by which the adoption is constituted.
In cases of premature deliveries, lack of weight and those others that the infant or self-evaluation precise, by any clinical condition, hospitalization after childbirth, for a period of a) seven calendar days or less: mother, prior notice to company, may be absent from work with right to remuneration, as many days as the born or the born is hospitalized with a maximum of four days including that you can accumulate with the license for cases of serious illness.
(b) greater than seven calendar days: mother, notice to the company may be absent in as many days as the born or the born is hospitalized, with a maximum of 13 additional weeks.
In cases of multiple births where match periods of hospitalization of infants, the worker may leave his post, entitled to remuneration and prior notice to the company, so many days as they have agreed periods of hospitalization for each of infants from the second. This permission can enjoy until the or the children met twelve months.
For the purposes of the computation will be taken into account the hospital admissions initiated during the 30 calendar days following childbirth.
Enjoy all the permissions referred to in this paragraph, by the other parent.
The enjoyment of this permit may be made on basis of full-time or part-time, at the request of the / of the employee in the conditions, legal or regulations, serving in any case to the service needs of the entity that grants it.
In the non-extendable term of five days from the date of delivery, you will accompany the downward birth issued by the family doctor, a photocopy of the registration in the book of family, certifying the birth, with the Department of administration or which corresponds from the entity that grants it.
(c) distribution and enjoyment in the event of childbirth when both parents are working. The permit period will be distributed at the option of the applicant provided that six weeks immediately after childbirth. Maternity leave can be computed, at the request of the mother or, in the case that she is missing, the father, the date of discharge from hospital where premature birth of sons or daughters or those who, for whatever reason, they have to remain hospitalized after the birth. Although the six weeks immediately following childbirth are excluded from this computation to be compulsory for the mother rest.
However, in the event that both parents work, notwithstanding the six weeks immediately following childbirth of rest required for the mother, the rest can be enjoyed by two parents by option exercised by the mother at the beginning of the rest by maternity, to the other parent enjoy a part determined and uninterrupted from the postnatal rest period either simultaneous or successive form with the mother. The other parent can still make use of the period of suspension for maternity initially assigned, even if on schedule for the incorporation of the mother to work this is in a situation of temporary disability.
(d) distribution and enjoyment in the case of adoption and foster care, pre-adoptive and permanent of children under six or lower older than six years of age with disabilities or problems of social integration by come from abroad when father and mother to work.
In the case of adoption and foster care, pre-adoptive and permanent, under six years of age and older under six years of age in the case of children with disabilities or for their circumstances and personal experiences or that come from abroad, have special social and family integration difficulties duly accredited by the social services responsible, if the father and the mother work , the period of suspension shall be circulated to the choice of the interested, that will enjoy it way simultaneous or successive, part-time or full, always uninterrupted periods and with the limits given.
In the event of simultaneous enjoyment, the sum of the periods may not exceed sixteen weeks laid down or which apply in the event of adoption or foster care multiple.
(e) permission for international adoption. In cases of international adoption when necessary the previous displacement of the parents to the country of origin of the / the adoptee / a, the period of authorization can be started up to four weeks before the resolution by which the adoption is constituted. The above-mentioned permission may divide into two fractions, when it is necessary to carry out, as a result of the adoption process, more than one trip to the country of origin of the / of the adopted / to.
2 permission not paid maternity leave.
1) at the request of the woman the 16 weeks of maternity leave may be extended to two more and achieve 18 weeks. These weeks shall be regarded as non-paid leave, and shall be borne by the salary of the worker.
(2) permission not paid in the case of international adoption. You can request this permission that worker, man or woman, justifying which is in the process of international adoption when the previous displacement of the parents to the country of origin of the adoptee is necessary and provided that the employee to comply with the requirement of one year of seniority in the company.
The worker, male or female interested should ask a least fifteen days in advance.
This permit shall be a maximum of 15 calendar days.
The worker, male or female, can also, if you mentioned permission granted, request an advance payment of a monthly fee.
The granting of this permission by the management of the company shall be subject to service needs and approval.
(3) permit paid by breastfeeding.
To facilitate the natural or artificial lactation the / worker/a may choose to enjoy between the following options: to) by a son or daughter less than nine months until an hour and a half's absence from work may be divided into two fractions. This right may be replaced by a reduction of the normal day in an hour and a half at the beginning or at the end of the day with the same purpose. This right may be exercised either by one or other of the parents.
(b) by a son or daughter under twelve months up to one hour's absence from work may be divided into two fractions. This right may be replaced by a reduction of the normal day in one hour at the start or at the end of the day with the same purpose. This right may be exercised either by one or other of the parents.
For organizational reasons and conciliation of family life, the worker or a worker may opt to accumulate breastfeeding with a permit of 20 calendar days or 15 working days agreed with the entity that granted it and subject to the organizational requirements of the. This buildup can enjoy time working full or part time, can make the option at any time during the period. The lease time for the care of son or daughter less than nine months or 12 months is combined with the reduction in working hours for reasons of legal guardian.
When there are two or more sons or daughters under the age of nine or twelve months the lease time is multiplied by the number of sons or daughters to care for.
Permissions make reference the preceding paragraphs will be awarded with fullness of economic rights.
(f) earned and unused vacation.
In the event of maternity or paternity leave is allowed to enjoy the holiday period once completed permission, including, where appropriate, the period accumulated by breastfeeding, even though it has expired the calendar year to which such period corresponds.
Maternity and/or paternity that takes place once started the period holiday appropriate and for your enjoyment will result in interruption of the same, continuing the enjoyment of the holidays on immediate dates consecutive upon completion of maternity and/or paternity leave or, where appropriate, the cumulative period of lactation.
For the purposes of the accumulation referred to in this paragraph, it should be taken into account that in cases of expected date of delivery subsequent to September 15, workers or workers have had to enjoy a minimum of 10 working days, being the remaining 13 which may, if necessary to accumulate.
(4) paternity leave.
In the event of the birth of a son or daughter, adoption or foster care in accordance with article 45.1. d) et, the worker shall be entitled to the suspension of the contract for thirteen consecutive calendar days that may be expandable in the scope of each organization and at the discretion of the direction of the same, in two days more.
The suspension of the contract you can enjoy in full-time or part-time a minimum of 50%, prior notice to the company.
The suspension of contract will be 15 uninterrupted calendar days, when the new birth, adoption or foster care occurs in a large family, when the family acquires this condition with the new birth, adoption or foster care, or when born or adopted child or foster child have a disability to a degree equal to or greater than 33% or when the family existed previously a disabled person , to a degree equal to or greater than 33%.
Shall be deemed identical permit adoption or foster care, pre-adoptive and permanent, to enjoy one of the parents/parents, whose computer will start from the administrative or judicial decision for the judgment of adoption or foster care.
Article 31. Permission to officially recognized qualifications exams.
The labourer shall be entitled to the enjoyment of paid permission to attend exams, as well as a preference to choose work shift, if such is the regime established in the company, when he studied on a regular basis to obtain a degree officially recognized.
The labourer shall be entitled to the adaptation of the ordinary working day for attendance at vocational training courses or to the appropriate permit from training or professional development with job reservation.
Chapter VI leave and retirement article 32. Unpaid leave.
The worker or a worker with at least one antiquity in the company of a year is entitled to is to recognize the possibility of placed on unpaid leave for a period not less than four months and not more than five years. This law only may be exercised again by the same worker or a worker if four years have passed since the end of the previous leave.
Surplus staff retains only a preferential right to re-entry on vacancies of same or similar category to yours that had or should occur in the company.
Article 33. Legal absence.
The workers are entitled to a period of leave of not more than three years to cater for the care of each son or daughter under the age of three, both when it is so by nature, as for adoption, or in cases of foster care, both permanent and pre-adoptive, although these are provisional, counting from the date of birth or , where appropriate, the judicial or administrative decision.
They will also be entitled to a period of leave of absence, not more than three years, workers and women workers to attend to the care of a relative up to the second degree of consanguinity or affinity, which for reasons of age, accident, illness or disability can not stand by itself, and not carry out paid activity.
The leave of absence referred to in this paragraph, whose period can enjoy fractional form, is an individual right of the workers. However, if two or more people from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.
As a new subject that causes turned right into a new period of leave of absence, the home of the same will end to which, if any, come enjoy.
The period in which the worker or a worker is on leave in accordance with the provisions of this article shall be computable for purposes of seniority and the labourer shall be entitled to assistance to vocational training courses, to whose participation should be called or convened by the company, especially on the occasion of their reinstatement.
During the first year is entitled to the reserve of their job.
However, when the labourer is part of a family that has officially recognized the status of large family, the reservation of your job will be extended up to a maximum of 15 months in the case of a large family of general category, and up to a maximum of 18 months if it's special category.
Article 34. Forced leave of absence.
The compulsory leave, will give the right to the conservation of the post and to the computation of the antiquity of its entry into force, shall be granted for the designation or election to public office which hinders work attendance. Re-entry must be requested within the month following the termination of public office.
The workers performing Union functions of provincial or higher level during the exercise of their representative office may also request their passage to the situation of extended leave of absence in the company.
Article 35. Suspension of the employment contract.
It is entitled to the suspension of his contract in the cases and under the conditions referred to in articles 45 to 48 of the Statute of workers.
Article 36. Retirement.
Those normative provisions in force with regard to the retirement of workers in the sector that defines this Convention shall apply.
Chapter VII rights Union and collective representation article 37. Workers and their representatives.
He is understood in the context of articles 7 and 129 of the Spanish Constitution and article 4 of the revised text of the Statute of the workers registered the participation of workers in the enterprise, as well as the different methods and procedures set out in the general Convention.
Workers are entitled to the assistance and advice of its representatives in the terms recognized in the law and in the Convention.
It means workers representatives to enterprise committees, staff delegates and to the delegates Union of the section Trade Union of company (SSE), which will have the powers, rights, duties and guarantees laid down for them by law of freedom Union, statute of workers and the general Convention.
Councils, delegates and delegates of personal or Trade Union will be within the framework of the provisions of articles 64 et seq. of the workers ' Statute and provisions of the LOLS, functions and rights there, notwithstanding that remembereth quote and develop the following:
1 having information in writing of all sanctions imposed on its entity by the application of the sanctions regime, for the serious or very serious mistakes.
2 meet at least quarterly statistics, absenteeism rate and causes, accidents at work, occupational diseases and its consequences, casualty rates, periodic or specific studies of the working environment and prevention mechanisms that use.
3. of surveillance pursuant to the regulations on labor, Social Security, occupation and also in the rest of the Covenants, conditions and usages in force in the company, developing, if necessary, legal actions before the same and bodies or courts.
4. for monitoring and control of conditions of occupational safety and health in the exercise of the work in-house, with characteristics which provides for article 19 of the Statute of workers and without prejudice the powers the LPRL specifically recognizes the delegates of prevention.
5. is available in all workplaces of bulletin boards, of dimensions sufficient and placed in visible locations, for the information of the Enterprise Committee and for each of the unions. Your installation will be carried out by the company, according to Union representation. Will be the responsibility of trade union representatives placement on bulletin boards of those notices and communications that have made and create relevant. You will facilitate communication through electronic means in terms that are negotiated in each company or entity.
6. the entity provide company committees, executive staff, and unions, locals and material means that may be necessary for the proper performance of its functions, in terms that are negotiated in each company or entity.
Workers in the same company or work center have the right to gather in Assembly in accordance with the provisions of articles 77 et seq. of the TRET. In the so-called of agree is with the company that the Assembly have place in hours of work is agreed also them measures appropriate for ensure that your development not harm the provision of the service.
Delegates and delegates of personnel, committees of company or centres of work, or by a number of workers not less than 33% of the workforce, can convene meetings, with a minimum of 48 hours in advance, upon notice in writing to the company, providing the names of persons not belonging to the company expected to attend the Assembly. It will remember with the address of the company measures to avoid damages in the normal activity of the company.
Article 38. Trade unions and trade union delegates.
1. the signatory parties, by the present provisions, once again confirm their status as valid interlocutors, and are also recognized as such, in order to implement labour relations rational, based on mutual respect and aimed through their organizations to facilitate the resolution of many conflicts and problems may raise our social dynamics.
Trade unions, especially those with consideration of more representative, are basic and specific elements to deal with necessary labour relations between workers and employers through them. All without demerit of the powers conferred by the Act, and developed in the present agreements, representatives of workers.
2 in order to ensure the full exercise of freedom of Association, they shall be null and void the regulatory provisions, clauses of collective agreements, individual agreements and unilateral decisions by the employer which contain or entail any kind of discrimination in employment, working conditions, are favorable or adverse, by reason of the accession or not a Trade Union to its agreements, or the exercise of trade union activities in general.
3. in companies or, where appropriate, at the workplace with staff exceeding 100 workers, trade union sections that can be constituted by workers belonging to trade unions that have presence in the committees of the company shall be represented by a trade union delegate chosen by and among their members in the company or in the workplace in the form and with the rights and guarantees provided for in the organic law 11/1985, 2 of August, on freedom of Association.
Trade Union sections which may constitute, in accordance with provisions in the statutes of a Trade Union, unless they meet the requirements above mentioned, can be represented also by a steward, who will be the functions of representing and defending the interests of the Trade Union who represents, and affiliates in the company and serve as a communication tool between your central or Union and the management of the respective companies without that in his case it may involve the attribution of rights provided for delegates referred to in the preceding paragraph, except with the agreement in the field of company.
4. the delegates of personnel, members of the Committee of company and trade union representatives belonging to the same Union, can earn credit hours which they are legally entitled in a bag of hours that will be managed by the abovementioned Trade Union.
The trade union section will be, which adopt the corresponding internal agreement of accumulation, without prejudice to the individual entitlement to credit.
This accumulation will be alternative, non-cumulative, and incompatible with the regulated in the following article for the members of the committees and staff delegates opting the Union at the level of the undertaking, to the exercise of a regulation and thus to the company in the following terms: in General, the Trade Union, through the trade union section shall inform the company, at least monthly in advance, the list of representatives included in the stock exchange hours, - including all the representatives, cede or not hours-, with an indication of the number of hours that legally belong to each one, and which are assigned for a period, to the less quarterly, as a result of the practiced accumulation , in accordance with the following criteria: maximum limit of hours that a representative can accumulate will be equivalent to 50% of their monthly day, each representative must be kept a minimum credit of eight hours per month, which may not be subject to assignment.
In the field of business they may agree other distinct accumulation criteria.
The regulation of the Convention shall not affect agreements that were already incorporated in collective agreements or company covenants, that will be respected on its terms, unless parties agree their modification to maturity on this subject.
Article 39. Of Councils.
1 will have, within the exclusive scope that is one them, capacity, competence and guarantees that the law and the general Convention expressly determined in each moment, as well as the obligations inherent in the performance of their duties.
2 they will have the credit of paid monthly hours determined by the law. Legal credit hours of the various members of the Committee of delegates of personnel and company will build up. You must notify the company, through their representatives, by quarterly periods, the person or persons for which accrue such hours, as well as on account of who or who is the accumulation.
In the field of business they may agree criteria of accumulation, distribution and frequency that is set in each case, by agreement between the representatives of the workers and the management of each company.
3. without exceeding the legal maximum, may be consumed the paid hours available to members of Union representation, to provide them assistance to training courses organised by their unions, training institutes or other entities.
Chapter VIII disciplinary regime article 40. Principles the disciplinary regime informants.
The provisions on disciplinary regime aim to ensure normal living and working environment, as well as technical management and the Organization of institutions, preserving the disciplinary powers of the direction of the entities in relation to the template.
For the application of the sanctions established under the present Convention, in the exercise of disciplinary power development, they should take into account attendant circumstances in the sanctioned event, as well as the type of conduct negligent or intentional, sustained or sporadic, relapsed or not of the worker concerned or affected worker.
They draw and measure depending on: • degree of intentionality.
• damage to the interests and principles of the organization.
• re-offending or recidivism.
Activity sanctioning avoid forms of surprising application of the exercise of disciplinary power, which will be developed with respect for the principles of equality of treatment, proportionality, weighting and equanimity.
Article 41. Graduation of faults.
Any failure by workers and be constitutive of a contractual breach guilty can be punished by the direction of the company, each lack must be classified as mild, serious or very serious.
A minor misconduct.
1. the delay, negligence or neglect excusable in the performance of their duties, as well as the improper use of the premises, materials or documents of the entity (owned or in use).
2 no communication superior, with due notice, of the lack of attendance at work due to justified, unless proven inability to do so.
3. the lack of attendance at work, up to 2 days, without just cause.
4. the modification, unauthorized by the superior or not justified, the times assigned to each type of work.
5. the accumulation of between 3 and 5 lack of timeliness without reason within a period of 30 days.
6. the failure of any of the functions of the job in the course of a day.
7 do not respect, by negligence, carelessness or self-will, measures and safety regulations for the prevention of risks at work, when of this may result a slight risk to the health, other workers or users.
8. the poor execution of the work entrusted repeatedly, whenever it is not stemmed serious inconvenience for workers, persons targeted for the entity or public administrations with which they collaborate.
9. the use improper and inappropriate of equipment and facilities of the Organization for Affairs personal or private (printers, copiers, phones, Internet, etc.).
10. the lack of toilet and cleaning staff.
B. faults serious: 1. The indiscipline or the disobedience in any field of work.
2. the lack of timeliness in the work of between 6 and 8 days in the period of 30 days.
3. the lack of assistance to the work, without cause justified, up to 4 days in the period of a month.
4. the neglect of some of them functions own of the since of work in the course of two days in the period of a month.
5. the Commission of up to 3 fouls mild, although are of different nature in the term of four months and whenever is had sanctioned with previously.
6. the neglect repeated in the try with them users and/or with those colleagues and companions.
C. very serious fault: 1. the breach of the duty of keeping secret regarding the data of a personal nature that are known because of the activities carried out. As well as crash or violation of secrets must reserve that produce serious harm.
2. the neglect of any of the functions of the job, provided there is repetition and there have been previous admonishment.
3. the simulation of disease or accident.
4. the misrepresentation or the concealment of information transmitted to superiors regarding the activities actually developed.
5. offences or child abuse physical, psychic or moral very serious target of service persons or their families, colleagues, as well as professionals from other entities with which they collaborate on intervention.
6. non-compliance and violation, negligence, carelessness or self-will, measures and safety regulations for the prevention of risks at work, when of this might arise serious risk for own health, other workers or persons the service target.
7. the appropriation of goods materials, documentary, economic, etc. of persons targeted, the entity or other workers or workers.
8. fraud, disloyalty and the breach of trust, as well as any constituent conduct of intentional crime.
9. the absence from work, without just cause, of more than four days in the period of one month.
10. the insubordination or disobedience reiterated in any field of work, without the need for prior sanction.
11. the sexual harassment defined in the criminal code.
12. the workplace harassment.
13. the recidivism in faults serious, or very serious, even if they are of a different nature, within a period of one year, when sanctions have been mediated.
14. the serious violation of the code of ethics and conduct established by the organization.
15. breach of security schemes established by the Organization in the country that is working on committing their personal safety and that of other members of the organization or the Organization itself.
16. the harassment by homophobia-biphobia-transphobia.
D. sanctions: Sanctions that may be imposed on the basis of the qualification of the faults are as follows: 1. for minor misconduct: • verbal reprimand.
• Warning in writing.
2. for serious faults: • written reprimand.
• Suspension of employment and salary of 3 to 14 days.
3. for very serious faults: • Suspension of employment and salary of 15 to 30 days.
• Disqualification, for a period not exceeding one year, to rise to the top group.
Article 42. Prescription.
The minor misconduct shall be extinguished after ten days, the serious twenty days and the very serious within sixty days from the date in which the company has knowledge of his Commission and, in any case, six months have been committed.
Severe and very severe sanctions accordingly communicate in writing to the person concerned for their knowledge and effects. The company will notify and request the collaboration of the company Committee or delegates of personnel, to better clarify the facts, and the trade union section if the company has reliable communication of your membership or if the patient requests it / to.
Informative disciplinary instruction is mandatory for the imposition of penalties for very serious misconduct.
This record is initiated prior knowledge of the infringement, remitting to the interested statement of objections with concise exposition of the facts lack. This dossier will be transfer and request the collaboration of company or delegate Committee and staff delegates, and to the trade union section if the company has reliable communication of your membership or if the patient requests it or affected, so that both parties and within the period of seven days, can manifest the company they consider convenient to clarify the facts.
In the case of very serious offences, the company may impose suspension of employment of mode precautionary, and suspends the period of limitation of infringement duration record provided that the duration of this, as a whole, does not exceed the term of three months, from the initiation of the statement of objections, without fault of the prosecuted labourer expedientada.
Expiry of the period of seven days and although the Committee, delegates and delegates, the trade union section or the worker and worker have not made use of the right that is granted to make declarations alegaciones, will proceed to impose the sanction, in his case, is considered to be timely, according to the seriousness of the failure and as provided for in the Convention to the labourer.
The processing of contradictory record for severe and very severe sanctions, is absolutely essential when concerned members of the Works Council, delegated and delegated staff or delegates and trade union delegates, whether they are active in their Union Office as if they are still in the regulatory period of guarantees.
Breach of any of the procedures in this article by the company must leave void the effectiveness of the sanction, as well as the qualification of the same.
Chapter IX training article 43. Sectoral training Commission.
A. General principles.
In accordance with the provisions of article 23 of the Statute of workers, and to facilitate their training and career development, those affected by this Convention, they shall be entitled to see studies for academic or professional degree officially recognized the realization of professional training courses organised by the company, trade unions or other bodies provided , provided that such training is directly related to the scope of collecting this Convention.
The company and the representation of workers recognized as secondary employment law training and promotion at work, saving the needs of organization and functioning of the company in any case.
The education and training who provide their services in the enterprise, Centre or institution, and according to the needs of the same, is open, without discrimination of any kind and with the only limitations that may come from the expected knowledge that must be individually accredited.
The training is a basic factor to increase the motivation and the integration of workers, create a valid mechanism for joint promotion and improvement in the quality of services. As a result, training must pass to a close-up on the concern of the company, by what it is committed to linking the various processes of staff career training and promotion.
The training activities to be classified by the direction as conversion or retraining, they will be compulsory for those who will run and will be preferably carried out within the working day.
Vocational training in the enterprise, Centre or entity, will be oriented towards the following objectives: promote the formation throughout the life of the workers, improving their professional training and personal development.
Provide the workers the recycling, the update or new acquisition of knowledge and practices appropriate to the professional skills required in your job, in the labour market and to the needs of the companies related to the scope of the Convention.
Contribute to the improvement of the productivity and competitiveness of enterprises related to the scope of the Convention.
Improve the employability of them workers specializing them in their various degrees, especially of which have major difficulties of maintenance of the employment or of inclusion labour.
Promote the professional skills acquired by workers, both through educational processes (formal and non-formal) work experience, are subject to accreditation.
Facilitate and promote the acquisition by workers of academic and professional titles related to the scope of the Convention, as well as expanding the knowledge enabling them to aspire to professional promotions.
Learn about the working conditions of their job in avoidance of occupational risks.
Any other objective that benefits the effective care of users, the labourer and the dynamics of the company, Center or entity.
In the event that the labourer perform a professional specialization with charge to the company for certain projects or perform a specific task, is set a minimum period of permanence in the same through individual Covenant and in writing, that will be placed on knowledge of the RLT, so to guarantee that principles of proportionality and sufficient guarantees and compensation proportionally in the event of non-compliance for all safeguarding the parts.
B. development of training.
The sectoral Committee on training through a detailed study will determine training needs, on the basis of drawn up a plan of training scheduled annually courses to be made by the companies, all in within nine months of the entry into force of this Convention.
Training, when it determines how mandatory, will be held preferably during working hours. Where it could not be during working hours, means that the time devoted to training, calculated as work actually performed.
In accordance with the provisions of article 23 of the Statute of workers, and to facilitate the training and career development at work, workers affected by the Convention, have the right to the adaptation of the ordinary working day for attendance at courses of training or professional development with job reservation.
C. individual training permits.
Workers affected by this Convention may apply for individual permits for training in the terms agreed at the IV national training agreement and under the subsystem of vocational training to employment regulated by Royal Decree 395/2007 of 23 March (BOE No. 87, April 11) and by the different provisions that develop it.
Companies put all media so that upon request to access this training modality.
Training actions, approved by the sectoral Committee on training, for which education can apply for should be: to) not be in the actions financed on the training plan of the company.
(b) be directed to the development or adaptation of the technical qualities of the worker and his personal training.
(c) be recognized by a degree or official accreditation.
(d) are excluded from the training permit training actions that do not correspond with the classroom training. However will accept the face-to-face part of the training actions carried out through distance mode.
D. cost of training.
To carry to term training plans prepared by the sectoral Committee on training of the Convention, to be developed under the national agreement IV of continuous training companies, centres or entities affected by the present collective agreement, must adhere to the training plan which is organized, request, and cogestione in the framework of those agreements.
E certificate of attendance.
Certificates of attendance and achievement, as well as assessments and qualifications obtained in such courses shall be entered in the records of implementers, and will have relevance in their career development.
F assistance to courses selection criteria.
Non-skilled workers, workers in SMEs, women and men over the age of 45 years will have preference in attendance at courses as indicated in regulatory, as well as those who have participated in fewer occasions in training actions and those who are performing jobs related directly to the course subject matter , or will develop them in the near future, according to the organizational decision to the enterprise, Centre or institution, without prejudice to the consultation and information to the RLT of training actions and the Organization thereof, as well as the selection and access. Plus, where appropriate, as a preference the condition of temporary staff.
Chapter X occupational safety and health article 44. General principles.
Centers and the staff of the entity shall comply with the occupational safety and health provisions contained in the law 31/1995 of 8 November, prevention of occupational risks and the regulations that develop it.
They shall be appointed delegated persons for prevention and safety and health committees in the areas in which the law provides. With respect to the designation, appointment, functions and guarantees of persons delegated shall apply as provided for in the legislation in force.
Credit schedule of delegated persons for prevention will be where appropriate as representatives of workers in this specific matter, in accordance with the provisions of article 68 e) of the et and article 37 of the LPRL.
Article 45. Prevention services.
Entities must have a prevention service himself or others, in accordance with article 10 of the regulation of the prevention services.
Its fundamental role is designing and implementing the prevention plan, which will include at least: assessment of risk factors that may affect the health and integrity of workers.
Determination of priorities in the adoption of appropriate preventive measures and the monitoring of their effectiveness.
Information and training of workers on the prevention of risks and protection of health in workplaces.
Ensure the proper provision of first aid and emergency plans.
Health surveillance with respect to the risks arising from work.
Article 46. Health surveillance.
The Organization will ensure to workers at your service the regular monitoring of their State of health by means of the corresponding medical check-ups, depending on the risks inherent in the work, with the basic protocols established by the prevention services.
This surveillance may only carry out when the worker pay their consent. This voluntary only is they hurricanes, following a report to the RLT, the cases in which the completion of surveys is essential to assess the effects of working conditions on the health of workers or to verify if the State of health of the same may constitute a danger to it, to other workers or others associated with the organization or when this is stated in a statutory concerning the protection of specific risks and activities of special danger.
Article 47. Protection of particularly sensitive staff to certain risks.
The company will ensure the protection of workers which, by their own personal characteristics or known biological state, including those that have recognized the situation of physical, mental or sensory disability, are especially sensitive to the risks arising from work specifically. To this end, it shall take into account these aspects in the risk assessments and, based on these, shall adopt the necessary preventive and protective measures.
Workers are not employees or employed in those jobs in which, because of their personal characteristics, State biological or its duly recognised physical, mental or sensory disability, could endanger or cause damage to themselves, other workers or other persons related to the organization.
Article 48. Information and training in occupational health.
In compliance with the duty of protection and according to articles 18 and 19 of the LPRL, the Organization must ensure that each worker and worker receives information and theoretical and practical training, sufficient and proper, in the preventive field, both at the time of their recruitment, that is mode or duration, such as when changes in functions that perform or are introducing new technologies or changes in work teams.
Article 49. Occupational health and safety.
In compliance with the duty of protection, the company will ensure the safety and health of the personnel at your service in all aspects of the work and, where necessary, delivered prior to the workers the Protocol to avoid the risks and psychosocial risks.
Centers and the staff of the entity shall comply with the occupational safety and health provisions contained in the law 31/1995 of 8 November, prevention of occupational risks and the regulations that develop it. For this must name is them delegates of prevention and the committees of safety and health in them areas in that it law sets. Regarding the designation, appointment, functions and guarantees prevention of delegates, it will be as provided in the legislation.
Article 50. Participation of the staff in PRL.
To delegates prevention: the delegates of prevention are, on one hand, the basis on which the participation of the staff in everything related to occupational health in the scope of the company and, secondly, is structured the specialized figure of representation in the area of occupational risk prevention.
The appointment, powers and faculties of the delegates of prevention shall be those defined in articles 35 and 36 of the law of prevention of occupational risks, as well as which emanate from the decisions of the Central Committee of health and safety and which agreed in the rules of procedure of the Committee itself, and may be appointed Executive Officer of preventing any labourer than representation legal centre staff deems it.
In any case, time devoted to training in this matter shall be deemed for all purposes working time and cost may be not filled in any case preventing delegates.
The entrepreneur must provide prevention delegates access to information and training in prevention that are necessary for the exercise of their functions. Their powers and faculties will be pick-ups in article 36 of the law of prevention of occupational risks.
It will be delegates from prevention applicable provisions article 37 of law 31/1995, of occupational risk prevention, and in the article 65.2 of the Statute of workers, being subject to the professional secrecy of the information to which they had access as a result of his performance in the company.
B. Committee on occupational health and safety: the joint and collegiate organ of representation and regular participation on performances of workplaces in the field of prevention of occupational risks.
Their powers and faculties will be pick-ups in article 39 of the law of prevention of occupational risks. The health and safety Committee will meet at least quarterly with regular and extraordinary whenever any of the representations in it, request it justifying the urgent need for the meeting.
Chapter XI fees article 51. Remuneration structure.
The remuneration structure of this Convention is composed by: A) wage base.
(B) wage supplements.
(C) other compensatory perceptions.
(D) extra payments.
All fees referred to in this chapter are from annual gross compensation.
All fees, for workers or workers with less than full-day day, will be proportional to the fixed for a labourer of equal professional group that provides services to full-time.
Deemed salary the totality of economic perceptions of workers, in money or in kind, by the professional provision of labour services for hire or reward, because they allowance effective work, anyone who is the form of remuneration, or Computable as of work rest periods.
In any case the wage in kind may exceed 30 per 100 of the salary of the worker.
Consideration of salary will not have the sums received by the worker or employee in respect of compensation or supplemented by expenses incurred as a result of their work, benefits and allowances of Social Security and the compensation corresponding to transfers, suspensions or dismissals. For this purpose for the personal aid worker shall be included in this concept of supplies, as a result of their work expected in the articles of the Royal Decree 519/2006 of 28 April, which regulates the status of donors in its entirety.
Por_lo_tanto the wage concepts established in the present collective agreement, will be the following: to) wage base.
It is the part of the compensation granted to the worker or employee attending exclusively to a unit of time in such a way that it includes the payment for services rendered by the workers during their working day regardless of the accessories which may correspond by play job specific.
Shall be charged in 14 instalments (12 monthly payments and 2 pay for extras), as stipulated for each professional group in the annual gross salary table included in annex I.
The two extra payments a year will be half-yearly accrual, that is paid in the months of June and December proportionally to the time worked. The amount of such payments include exclusively the wage base and personal accessories that the worker could receive.
Even though by agreement with the legal representation of the workers is may agree the payment in twelve instalments.
(B) wage supplements.
They are the amounts which, if any, should add to the wage base, attending circumstances other than the unit of time and may be: 1. personal: 1.1 addition 'ad personam': is the complement that perceive workers, according to article 9, "Implementation of best conditions", in order to collect the most beneficial conditions of personal or collective character that could come enjoying at the time of application of the Convention and that it exceeds in the same.
This add-on is not compensable, or absorbable.
Those companies or entities requires that the present collective agreement guarantee the staff salary tables of annex I and adjust their wage receipts to these tables should computed the surplus if any box apart under the concept of 'Complement to guarantee ad personam'.
1.2. Personal salary supplement: Is that wage complement of personal nature that will pick up those quantities which, responding to situations other than those which feels the wage base, special consideration may perceive the workers or workers over the wage determined in each professional group wage table included in this agreement in annex I.
2. from job: job complements are those of a functional nature that give back the characteristics of the place of work or how to perform professional activities. The perception of these snap-ins depends solely on the exercise of professional activity in the job, so you do not have character consolidatable regarding their perception once they no longer produce the circumstances that caused them.
According to the above, we can distinguish: 2.1 night supplement. Night work which is performed between 10 o'clock and 6 o'clock in the morning is considered.
Workers who provide their services in this Schedule shall be assigned a complement of night, except that his salary has been established according to her work sea night and include, at a minimum, compensation in this article.
At the option of the worker may be offset economically or in equivalent rest time.
The complement of night only will be applicable to those workers who provide their services in this night, and in the case of compensation, this will be 25% of their base salary, accrue proportionally to the time actually worked in that time period.
2.2 complement to work shifts. Work shift is considered all forms of organization of work according to which the provision of services of a same job is done in following way, according to a certain pattern or continuous and in days or different times over a given period of days or weeks.
Subject to shift workers will be assigned a complement shift unless their salary has been established attending their work originally is a turn-based and include, at a minimum, compensation in this article or the compensation has been agreed this work by breaks.
In any case this add-on accrued by a minimum of 15% of workers in ordinary day base salary and in proportion to the time effectively worked shifts.
Work shifts should be given at least one month in advance to affected workers, before the start of the same.
2.3 complement of responsibility, coordination and project: a. the wage responsibility complement: is one that pays a certain and specific functions or singular activity which requires a special dedication, responsibility, and/or leadership and to be paid during the period the realization of them.
Receive it workers or workers who exercised responsibilities or positions of a functional nature in departments, services areas, units or centres ascribed and/or managed by the entity.
The complement of responsibility gross annual is fixed according to the following table attached.
Professional group amount C. responsibility - 4,500 1 0 Euros annual gross 3,500 2 2,500 3 0 4 0 B. Add wage coordination: is that complement that rewards functions derived from the coordination of a team of working at least three people, as well as being in charge of the different resources to the achievement of entrusted of a program specific outcomes , unit, Center, Department, etc.
To complement coordination set a minimum amount of €500 and a maximum of 2,000 euros gross year based on the number of members and difficulty of coordination of the team according to the following table: sections amount gross annual C. Coordination - euro Basic team (3 people).
500 team intermediate 1 (for 4-5 persons).
1,000 team intermediate 2 (of 6 to 8 people).
1,500 team work more than 8 people.
2000 C. Complemento wage project: for the purposes of this add-on project means any activity that we can divide into tasks that are not cyclic, that they can characterize accurately, interrelated and coordinated among themselves, which are carried out in order to produce certain goods and services able to meet needs or solve problems, and temporal limitation in the implementation of the same.
In any case, met the General parameters defined above participation means project in any activity that develops for a third party alien to the entity, by any formula of contractual relationship envisaged in legislation, provided it is not the main activity or that the entity develops normally.
They shall apply the annual gross amounts according to the following table: professional group annual C. gross amount of project - EUR 0 0 1 2 2,300 1,800 3 1,500 4 500 D. incompatibility of the complements of responsibility, coordination and project. When in a / same / worker or a worker could attend more than one complement of responsibility will only receive the corresponding to the highest function plus.
3. of quantity or quality of work: these plug-ins do not have character consolidatable and only be levied while the labourer actually develop the activity or circumstance which entitles them.
3.1. Add guard or expectation. Means guard or expectation the fact whereby the worker to this reachable at all times during a period previously established time for the integration to work, was his usual working day in a maximum time of 3 hours, in order to perform work or tasks requiring urgent.
Entities designate the services and/or posts that will be capable of applying the guard and organized, where appropriate, workers for its realization by shifts and periods of time that are in situation of guard or expectation, for certain periods of time and organizing the service so that the situation of the guard as a rule does not exceed 25% of the agreed annual day.
The acceptance of the regime of guard or expectation will be voluntary for the worker. However if the number of people who accept the service is less than required, the address of the entity and the legal representation of workers, if any, shall agree on the solution, being able to determine the obligation of the service.
The regime of guard or expectation will be in any case of free choice for workers over the age of 55 years, who are in State of gestation or those who have children under 12 years.
Calendar of guard or expectation must be communicated to workers with at least one week's notice before the effective start of the same.
When the worker to perform its activity in regime of guard or expectation they will receive equivalent compensation as at least 10% of the salary base of the professional group to which he belongs.
For the computation of the day of workers subject to this regime be differentiated between effective working time and time available will be considered in any case effective working time that where the worker/a is in the exercise of its activity by performing the functions of your professional group.
Shall be deemed time available to him in the worker is outside your usual day and the workplace at the disposal of the employer without pay effective work for reasons of guard or expectation.
The maximum duration of the ordinary working day provided for in article 34 of the E.T. and the limits to overtime in its article 35 shall apply to effective working time.
Workers may not be a person day 12 hours, overtime included, in its chaos.
If as a result of the regime of guard or expectation activase effective time for the worker, it will be offset by 1-hour- and -15-minute break for every hour that is made outside the ordinary day. This rest may be accumulated and enjoyed during the holiday period.
3.2. full-time complement. Dedication refers to the regime of work freely accepted by the worker which is committed to the implementation of the working time that is required for the proper performance of its allotted functions including any prolongations of day.
Workers assigned to this duty will receive an equivalent annual gross amount at a minimum of 10% of the annual gross salary which corresponds by the professional group to which they are attached.
Plug-in called full dedication compensates and fulfills any prolongations of the day as a result of the responsibilities acquired in the work of the worker could produce exceptionally. The perception of this add-on does not imply any changes in the rights and obligations with regard to the regime of work except as regards the absence of compensation for overtime.
This plug-in is free acceptance by the worker without implying that with the passage of time can consolidate rights acquired in terms of its perception in case of leaving for the dedication.
3.3 complement of professional experience. In general, it is established that all employees included in the scope of this Convention, with the exception of the enclosed in group 0, with professional experience of three years in the company or entity, will receive the annual quantities listed in the following table: Group professional gross total annual C. professional experience - 0 0 1 725 2 665 3 605 4 545 Euros this complement will be consolidated and will be tradable within the remuneration the worker and worker, generating such a right only once in the life of the same.
Without prejudice to the amounts above indicated, in the field below this agreement negotiations, to develop this plugin according to the Organization internal entities and recognising the professional development of employees derived trajectory and performance and knowledge acquired or transferred, at different periods of time. For the assessment of the experience and professional development, shall take into account the following criteria: experience in the position and/or developed function.
Level of training and acquired technical aptitude.
Degree of specialization in the developed technical function.
(C) other compensatory perceptions.
1 plug-in for work on Saturdays, Sundays and holidays: person performing your work day on Saturday, Sunday and/or holidays, will receive a complement for every hour worked equivalent to 25 per 100 of the price of ordinary time, calculated on base salary for the category that effectively develops.
Those workers who receive the complement of shift shall receive, in case of work on Saturdays, Sundays or holidays will receive a supplement per each hour worked equivalent to 10 per 100 of the price of ordinary time, calculated on base salary for the category that actually develops.
Those employees hired exclusively to work Saturdays, Sundays and/or public holidays will receive a complement of 15 per 100 calculated on the salary base of the group that actually develops.
These add-ins may be compensated in equivalent time in full days whose experience dates shall be established in agreement with the worker 2. Supplement for holidays of special significance: for their special significance, personnel who render their services during Christmas and new year, from the start of the night shift from 24 to 25 December until the end of the shift of afternoon of the 25th, and since the start of the night shift from December 31 to January 1 and until the end of the evening of January 1 shift paid, to part of the complement for every hour worked equivalent to 25 per 100 of the price of the regular time, an equivalent rest of two hours for each hour worked.
Article 52. Payment during the period of IT.
In the event of temporary incapacity by illness professional or accident will complement the provision for these contingencies from the first day of illness or accident to reach 100% of the applicable base.
In the event of temporary incapacity by common disease will complement the provision for this contingency from the first day of common illness up to 100% of the base of common contingencies of the month preceding the causal event.
However the above in the event of temporary incapacity by common illness reaches 10% of the total workers in the template of each workplace, the complement of workers of that workplace by this provision may be reduced to complete 80% of the basis of common contingencies of last month from the first day of illness to those workers or workers with low less than 15 days.
The application of these plug-ins only occur if previously has been duly justified the situation of temporary disability with the corresponding part of medical or accident and the successive parts of confirmation.
Chapter XII measures of a social nature article 53. Work clothes.
When the company decides that its staff are uniformed, according to its functions, it shall be obliged to provide at least two uniforms, including a pledge of shelter (always and when they are forced to leave uniformed abroad), and pairs of shoes that are necessary per year, approved according to the legislation in force, gloves work as needed, as well as disposable and means of personal protection of a prescriptive nature suitable personnel for the exercise of their functions. The staff will be forced to use, during the conduct of its work, the clothes provided by the company, as well as their care.
Article 54. Maintenance and accommodation.
Staff who attend the dining room and kitchen services shall be entitled to maintenance day exercise their occupational activity and match your working day schedule of meals. In-house staff is entitled to maintenance and accommodation.
Article 55. General principles to addiction and drug addiction.
The consumption of legal and illegal drugs involves health problems with individual and collective impact. The onset or increase in the consumption of drugs in the workplace is often determined by conditions of unemployment, precariousness or poor working conditions. Hence is deems suitable include in this Convention, with the exception of it concerning to the consumption of tobacco for what is will be to it willing in the normative legal specific, the following plan integral of proposed, in its shed preventive, care, reinsertiva, participatory, not sanctioning, voluntary and planned: preventive.-is will prioritize measures educational, informative and training that motivate the reduction and the use inappropriate of drugs and promote habits healthy. The modification of risk factors and the improvement of working conditions is will also boost.
Care. - will facilitate access to treatment of the entities of the sector programmes that staff who request it.
Reinsertiva. - the main objective of any action is restore health to the subject and facilitate the reintegration of staff to their job.
Participatory. - any initiative or collective entrepreneurship program related to drug addiction will be consulted, prior to the legal representation of the workers if any or failing that it will inform the template.
No sanctioning power. - which avails a treatment program may not be subject to punishment or dismissal for this reason or for the actions derived from the same staff will ensure their reinstatement to his job immediately if necessary.
These principles will be developed in the field of each entity with the legal representation of the workers if any.
Article 56. Emergency measures.
According to article 20 of the law 31/1995, of prevention of occupational hazards, the employer, taking into account the size and the activity of the company, as well as the presence of persons served must analyze possible emergency situations and adopt the necessary measures in terms of first aid, fire-fighting and evacuation of workers designating for it staff to implement these measures and checking periodically, in its case, its correct operation. Cited staff must possess the necessary training, be sufficient in number and have suitable material, depending on the circumstances before mentioned.
For the implementation of the measures taken, the employer must organize relationships that may be necessary with external services to the company, in particular in the field of first aid, medical emergency, rescue and fire-fighting assistance, so ensure the speed and efficiency of the same.
Article 57. Management and environmental protection.
The signatory parties of this collective agreement considered necessary to the companies in the sector to act in responsible and respectful way with the environment, paying attention to their defense and protection.
The defense of health in the workplace may not be effective, if at the same time declines the responsibility regarding the management of the environmental impact of business activities and does not cover the defence of the environment. Therefore should assess and prevent conditions that develops the work and also the impact on this.
This responsibility requires that companies establish and implement policies, objectives and programmes in the field of environment and effective environmental management systems, making it a policy in this regard that it provides for compliance with all relevant regulatory requirements, as well as the responsibilities derived from the business action in environmental matters shall be adopted.
Article 58. General clause of non-discrimination.
Prohibiting all discrimination on grounds of race, sex, sexual orientation, religion, ethnicity, political or trade union option, or age, in wage matters and it is forbidden to the different remuneration of staff occupying equal jobs within the same organization on any of these issues.
Both women and men enjoy equal opportunities in terms of employment, training, promotion and development in their work.
Women and men receive equal pay to equal work; also, ensure them equality in terms of their conditions of employment in any other senses of the same.
Appropriate measures shall be taken to the jobs, labour practices, the organisation of work and working conditions are oriented in such a way that they are suitable for both women and men.
Also the signatory parties, undertake to work from the Joint Commission good practices on equality of opportunities between men and women in the organisations of the Social intervention in accordance with the contents referred to in the framework of: to) the organic law 3/2007, of 22 March, for the effective equality of women and men.
b) the Joint Declaration adopted at the Social dialogue summit held in Florence on 21 October 1995, which adopted the agreements contained in the document entitled: 'Joint Declaration on the prevention of racial discrimination and xenophobia and promotion of equal treatment at the workplace'.
(c) observations, proposals and general application criteria that reflect the Directive 2002/73/EC adopted by the Parliament and the European Commission, that amending Directive 76/207/EEC.
Article 59. Maternity protection.
If, after making the assessment of risks by the company and the safety and Health Committee, there were jobs that can adversely affect the health of the worker, during pregnancy or breastfeeding, or the fetus, the employer shall take the necessary measures to avoid the exposure of the worker to the risk. When adaptation is not possible, or despite such adaptation, the conditions of the job could adversely affect health of pregnant working woman or the fetus, this will play a post from work or function different and compatible with her condition.
In the event that the change of position was not technically or objectively possible, or not it may reasonably be required for justified reasons, may declare the passage of the employee affected the situation of suspension of the contract for risk during pregnancy, according to contemplated in article 45.1. d) of the Statute of workers, during the period necessary to protect her safety or health and while persist the impossibility of returning to his post above or to another position compatible with her condition.
Them workers pregnant will have right to leave is of the work, with right to remuneration, for the realization of tests prenatal and technical of preparation to the childbirth, prior notice to the employer and justification of the need of its realization within it day labor.
Article 60. Protection of victims of gender-based violence.
Pursuant to law 1/2004 of 28 December, measures of integral protection against gender-based violence is set as follows: to) reduction of their working day: the worker victim of gender violence to enforce their protection or his right to comprehensive social assistance, shall be entitled to a reduction of their workday with proportional decrease of their remuneration in the conditions contained in article 27 (reduction of) day) of this Convention, with the exception of the notice that if appropriate and taking into account the inherent risks, in this case is two days.
(b) permission on grounds of domestic violence on women workers: the lack of assistance to the work of the workers victims of gender violence, total or partial, shall be regarded as justified by weather and conditions that so social care or health services determined by appropriate.
(c) change of job: the worker victim of gender violence, to determine what the relevant judicial body, social and/or health services, according to its particular situation, request change of job. Job he chooses will be preferably the same level and professional group.
You can reorder your working day within the different forms of management time existing in the company.
(d) temporary suspension of the employment contract: the worker victim of gender violence may decide to temporarily leave his post, forced as a result of being a victim of gender-based violence. The duration of this suspension cannot exceed, initially, for 6 months. Except, that the actions of judicial protection is required, by the realization of the right of protection of the victim, the continuation of the suspension. In this case, the judge can extend the suspension for periods of three months, with a maximum of 18 months. During this period is entitled to the reserve of the job.
(e) termination of the contract: the worker victim of gender violence may extinguish its contract.
(f) no paid leave: the worker victim of gender violence may request permission not paid depending on personal circumstances.
(g) priority advance: the worker victim of gender violence can access an advance on payroll or preferential loan in order to cover the costs arising from their situation, so request report to the competent social services accrediting this need and evaluated the amounts accepted by the worker to reinstate this amount.
Article 61. Equality of opportunity and non-discrimination.
In the organisations of the sector equal opportunities between women and men has been a basic element of human resources management and constitutes one of the fundamental principles whereby these organizations the organizations in the sector are governed, even if they do not reach the figure of 250 workers will promote the implementation of a plan of equal of company. The pillars of this policy of equality in the field of labour relations shall be the following: • prevent and eliminate situations of inequality between men and women in the company.
• Balance the number of men and women who make up the staff of the company.
• Facilitate the stability and permanence of the woman at work, as well as to reduce the bias of their contracts.
• Facilitate the incorporation and retention of women work through selection and training procedures.
• Balance the male or female presence in those places 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.
• To guarantee a payment system for all concepts that will not lead to discrimination on grounds of sex.
• Reconciling working time management personnel with positions of responsibility, through the adoption of measures making compatible the personal, family and working life.
• Introduction of the gender perspective into the company's internal and external communication.
• Elaboration of a protocol for the prevention and treatment of sexual harassment, on grounds of sex and moral harassment or mobbing.
• Use of consistent, positive actions to provide the work place, on equal terms, to the applicant whose sex is under-represented in the workplace to cover.
• To plan training courses aimed to disseminate the policies of equality and the gender perspective in the work of the organizations.
The plan according to law 3/2007 will have to be carried out with a methodology of work and at certain stages: 1st stage: 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 has to be the subject of study.
2nd phase: diagnosis. The findings of the preliminary analysis will be achieved and therefore the priority and specific fields of action will be determined.
3rd phase: definition of actions to take. The measures will be identified to take in different materials which have to be developed in this plan.
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 analyze which carried to term; all that in order to evaluate their outcome and propose new actions. It will also conduct the harassment complaint procedure.
The Equality Commission at its first session should provide a regulation of operation that includes the names of the persons constituting it, who represent and their percentage of representation as results of trade union elections; as well as the periodicity of meetings.
Will not be posted within hours credit legally established, the time it takes to develop this work and to achieve effective equality between women and men in the company.
Meetings Act which shall collect, among other things, the topics covered, the agreements reached, the documents and the date of the next meeting will be lifted. In case of disagreement shall be recorded in the final positions of each party.
Article 62. Functions of the Joint Commission (CPIVC) of the Convention on equality.
In order to promote, interpret, implement and apply correctly the law 3/2007, for the effective equality of women and men which had its entry into force on 24 March 2007, the Commission joint (CPIVC) of the Convention shall have the following functions on equality, which may delegate to the Committee if any: obtaining, through surveys or other means to be agreed sectoral annual information of the measures implemented in different companies and stencils, disaggregated by gender and occupational categories.
Advice to companies that request them on rights and obligations in the field of equality, as well as in the field of implementation plans.
Mediation and, where appropriate, arbitration, in those cases that voluntary and jointly reviewed him by the parties concerned and which deal with the application or interpretation of equality plans.
Collect information from businesses about incidents and difficulties that might trigger the application of the law of equality.
Article 63. Harassment prevention Protocol.
Pursuant to article 48 of the organic law 3/2007 of 22 March for the effective equality of men and women, the parties agree the following model protocol.
The objective of the Protocol is to define guidelines that will allow us to identify a situation of moral, sexual harassment or gender, to overcome a discriminatory situation and minimize their consequences, ensuring the rights of persons.
The procedures must be developed under the principles of speed, confidentiality and credibility and must ensure and protect both the privacy and the dignity of persons subjected to harassment. In addition, they shall ensure and will respect the rights of the people reported.
Contents of the harassment Protocol: 1. Declaration of principles. Everyone is entitled to courteous, respectful and dignified, treatment as well as to the safeguarding of their fundamental labour rights. Equality and non-discrimination policies must be consolidated between the template at the time which are conducive to the collective awareness of this problem. We must improve the working conditions of persons employed and raise the level of protection of the safety and health of them, not only ensuring the prevention and protection against risks that can cause impairment or physical damage, but also risks that can cause deterioration in mental health.
2. definition of moral harassment. Any conduct, practice or behavior, made either systematic or recurrent in the bosom of a relationship of work, involving direct or indirectly damage or attack against the dignity of the person, which attempts to submit emotionally and psychologically either violent or hostile, and which pursues nullifying their ability, career advancement or their permanence in the workplace negatively affecting the work environment.
3 types of moral harassment: descending (top charge towards bottom).
Horizontal (same hierarchical level).
Ascending (lower charge towards the top).
4. preventive measures of moral harassment: communication to the template of such measures.
Shared responsibility and special charge of Directors and controls on them.
Training programs in the company in this respect.
5. definition of harassment sexist. Any verbal, non-verbal or physical behavior directed against a person by reason of their sex, and it occurs with the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
When such harassment is sexual harassment shall be considered.
6. proposal for a model for the procedure of action. Receivers and managers of channelling complaints and denunciations by harassment, will be: A representative of the RLT and equality agent appointed by the address of the entity or organization.
(1) informal procedure: the objective is to resolve the problem informally; Sometimes, say the alleged assailant or aggressor offensive and intimidating consequences that arise from their behavior, is enough so that the problem is corrected.
The instructor or instructor will meet with the affected person and you can have meetings with the alleged offender or, in cases of extreme necessity with both parties, all with the purpose of getting the clarification of the situation of harassment and reach a solution accepted by both sides.
Within the period of ten days from the filing of the complaint, it shall prepare a report, which will be, firstly, to the attention of the person complainant.
(2) procedure formal: when the procedure informal not give result or inappropriate to resolve the problem, are will resort to the procedure formal. The statement will conclude with a report, within a maximum period of thirty days, which will be, firstly, to the attention of the person complainant.
7. result of the instruction and actions. If there is harassment, adoption of the corrective measures and appropriate infringement according to the disciplinary regime that may apply to the alleged person. If harassment situations are not noted, or not possible the verification of the facts, the file will be archived.
Allegations, false allegations or statements showing as not honest or intentional, may be constitutive of disciplinary action.
8. monitoring. The follow-up of complaints will be at the Equality Commission, with full guarantee of confidentiality. In the communications made during the procedure, will draw a number of record, by omitting the name of the person subjected to the harassment.
9. preventive action: to prevent situations of harassment, from the management of the company will be: 1. information and awareness-raising - launch of an information campaign to teach how you can warn a harassment situation, informed of their rights and resources that have workers, as well as harassment Protocol.
2. training - commitment to prevent situations of harassment, you can include this matter in training programmes suitable for this. These programmes will be especially aimed at all persons having personnel in charge.
First transitional provision. Gradual wage equalization.
Those companies or entities in which the application of the remuneration tables, entail an increase in the total salary mass of the company of more than 15% on compensation costs in the financial year preceding the signature of this Convention and are in a poor economic situation, may propose, before the Joint Commission (CPIVC), the gradual implementation of the Convention tables in two years , so that in the first year of entry into force of the Convention will affect at least 50% of the difference between actually paid remuneration in the previous exercise and those provided for in the salary table for the first year of entry into force of the Convention, setting, such as remunerations paid to the second year of entry into force of the Convention, of the tables full wage at that date apply to the present collective agreement.
The entities that certify the circumstances contained in the previous paragraph, and wish to benefit from the gradual wage equalization here contained, shall notify the legal representation of workers fulfilling the duties of information and consultation and refer to the Joint Commission (CPIVC), within the period of 60 days from the publication of the Convention in the «Official Gazette» , the complete proposal of equalization with supporting documentation of the retributive and economic situation that, at a minimum, consist of: annual accounts audited in the last full financial year, comprising balance sheet, profit and loss account, statement of changes in net, State heritage of flows of personnel, memory exercise and management report.
Detailed breakdown of wages and operating costs.
In the case of a company not subject to the obligation to audit accounts, presented the proxy statement of the company on the audit waiver.
Report prepared by the legal representation of workers or accreditation by the labour authority of the non-existence of it.
All that was required by the Joint Commission (CPIVC).
Once received and registered the request by the Joint Commission, the requesting entity may apply precautionary provisions contained in this provision until it is pronounced. Where the application is dismissed, the entity must pay unmet quantities provisionally form prorated between the monthly payments that deducted from the fiscal year.
The Joint Commission shall be obliged to meet weekly, whenever there are pending requests, and to address them by strict order of receipt and can request the timely correction of errors or deficiencies, the extension of documentation or estimating or dismissing the application.
In case of disagreement, the Commission parita, shall be in accordance with the provisions for such cases in the present collective agreement.
Entities that choose to benefit from this provision and opted, subsequently, by initiating a process of pick up salary for the duration of the present Convention shall pay previously affected workers the sums not received on the basis of the application of this additional provision.
Second transitional provision. Prevalence of pre-existing conditions and temporary suspension of the application of the wage supplements, compensation for overtime and professional classification of the present collective agreement to the expatriate staff of international cooperation.
Given the uniqueness of expatriate cooperating personnel service agreements that, whether individual or collective, were already established in accordance with Decree 519/2006 of 28 April, which regulates the Statute of workers between cooperation entities and its employees will remain for the duration or maximum during the term of this agreement.
For expatriate personnel belonging to international cooperation is left in abeyance for regulated in this collective agreement within six months, the implementation of the wage supplements, overtime compensation and professional classification.
In a term maximum of six months the Commission joint (CPIVC) through the Commission specific created to the effect, will establish the regime final of application or inapplicability of these materials for the personal expatriate of cooperation international.
First additional provision.
Conventions recognized as existing in the sector and must be complied with in the areas that regulate are: Catalan: 1. collective agreement for the Sector of the Lleure educational and Sociocultural de Catalunya. 79002295012003. 2. Collective agreement of workers in home and family care in Catalonia. 79001525011999. 3. Catalonia Convention of Social action with children, young people, families and others at risk. 79002575012007 Basque area: 4. collective agreement of social intervention of Bizkaia. 48006185012006. 5. Collective agreement of Social intervention of Alava. 01100025012015. 6. Collective agreement of social intervention in Gipuzkoa. 2010025012011 scope País Valencià: 7. collective agreement for care companies specializing in the field of the family, childhood and youth of the community of Valencia. 8000545012003 and State level as follows: 8. Marcos State Convention of educational entertainment and socio-cultural animation. 99100055012011. 9. State Convention of youth reform and protection of minors. 99016175011900. 10. Collective agreement of centers and services to people with disabilities. 99000985011981. 11. Collective agreement of education and non-formal training. 99008825011994. 12. Agreement State of development of the promotion of personal autonomy and care for dependent people services. 99010825011997. in the same way in those legitimately constituted negotiation tables matching partial or completely with the functional scope of this Convention to its entry into force, does not decay the duty to negotiate and close deals. And must be considered areas of those tables included in this provision.
Second additional provision. Derogating clause (pick up).
If situation and economic prospects of an entity may be affected negatively as a result of the application of the economic conditions laid down in this Convention, and can be affected in both cases possibilities of employment in the same maintenance, the entity may proceed to the non-application of the salary regime established in accordance with article 82.3 of the Statute of workers.
Also, in accordance with the provisions of article 82.3 of the E.T., when majeure economic, technical, organizational or production, by agreement between the company and the workers representatives entitled to negotiate a statutory collective agreement, it is possible, previous development of a consultation period (the planned modification of substantial working conditions of collective ((, article 41.4 of the E.T.), indicates in the company of working conditions provided for in the applicable collective agreement, relating to the following matters: to) working day.
(b) schedule and the distribution of working time.
(c) duty shifts.
(d) system of remuneration and wage amount.
(e) performance work system.
(f) functions, when they exceed the limits provided for functional mobility.
(g) voluntary improvements in the protective action of Social Security.
The application of lift start it entrepreneur, who shall communicate it to the unity and Union representation or in his absence, the Committee of workers designated pursuant to article 41.4 of the Statute of workers as well as to the Joint Commission (CPIVC) of this Convention.
1. so much for the procedure of failure (article 82.3 of the army), as those included in the articles 39.4 and 41 from the army, within the functional scope of the present Convention shall comply with the following procedure according to article 41.4 of the army with the Joint Commission (CPIVC) of this Convention, being forced companies and organizations to avoid falling into defect to the following : 2 reporting to the Joint Commission (CPIVC), while the RLT or workers, intended to start procedure, either of substantial modification of the conditions of work or non-application, as described in article 41.4 of the E.T.
3 communication to the Commission joint (CPIVC), in the absence of RLT in any area affected by the procedure, if the Group of workers opted for delegate or designate representation representative and legitimate unions to be part of the Negotiating Committee of the Convention, in accordance with what stated in article 41.4 of the E.T. Workers at the company, in the absence of legal representation of workers, have the right to attribute its representation in trade unions signatories of this Convention.
4 communicate to the Joint Commission (CPIVC), while the RLT or workers Commission, communication of start of procedure or consultation in accordance with what stated in article 41.4 of the E.T.
5 if necessary the intervention of the Joint Commission (CPIVC) in the procedure, which must resolve according by majority approval or not of as requested within the period of seven working days, in accordance with what stated in article 82.3 of the E.T., companies will be required to transfer to the Commission, to while the RLT or Commission of workers , the documentation that contribution throughout the procedure. And that you should minimally consist of documentation relating to balance sheets, accounts of results and, where applicable, auditors or accountants accounts report, justifying differential treatment. Addition, the presentation of an explanatory memorandum of the causes which motivate the request, in which shall be recorded the economic and financial situation of the company and impacting to the maintenance of employment, they will also explain the general measures that have been planned for the viability of the company and the maintenance of employment is required. More the legally relevant.
6. in the case of agreement or the same defect, outside the scope of the Joint Commission (CPIVC) must be formally communicated to the Commission joint (CPIVC) of the Convention, more relevant communication and registration to the labour authority.
7 communication expressed by either party for in case of disagreement, ask for the intervention of the Joint Commission in (CPIVC) process, pursuant to the powers conferred in article 82.3 of the E.T.
8. in the present Convention will reflect directions and contact of the Joint Commission (CPIVC) to facilitate communications in real time.
9. the agreement of non-wage implementation, where appropriate, must accurately determine remuneration to perceive by the workers of the company, being able to establish if the negotiation chooses to do so, where appropriate and in accordance with the disappearance of the causes that determined it, programming of the progressive convergence towards the recovery of the wage conditions laid down in this Convention , unless any such inapplicability may exceed the time limit governing parties during the negotiation meeting at the juncture of the causes and, as a maximum, until the entry into force of a new Convention.
10. the agreement of non-implementation and programming of the recovery of wage conditions may not assume the breach of the obligations set forth in Convention concerning the Elimination of compensation discrimination for reasons of gender.
First final provision. Catalogue of activity of the I Convention collective framework State Social intervention.
This catalogue of activity develops and defines under cover, and in the context of article 1 of the first Convention collective framework State Social intervention which is reference.
However noted that this document called «Catalogue of activity of the I Convention collective framework State Social intervention» is not a relationship that includes fully, or describe either exhaustive or closed, all the services, facilities, programs, projects, areas of management, research, design, evaluation, diagnosis and strategic planning of social action, or socio-educational programs not covered by other conventions , or social and health programs or social programs contained in article 1 of this Convention.
The Joint Commission of this Convention will be able to expand this relationship, well why find other services, equipment, programs, projects, areas of management, research etc., which had not been included, and consider that they fall within the functional scope described in article 7 of this Convention, or else why are new services, facilities, programs, projects, areas of management, research etc. , or be redefined other pre-existing, due to the dynamic and changing nature of the labour sector. The Joint Commission (CPIVC) will make this action of expansion and/or reinterpretation in accordance with stated in article 7 of this collective agreement and to the development of the same.
Annex I activity of the functional scope of the Convention activity catalog catalog
We performed two descriptive, one based on the type and position of need and other areas of intervention or action areas.
A.. depending on the type of benefits and the situation of need: all collected in the catalogue reference of social services and activities developed by various entities for the implementation of the same. Except all those activities excluded by be expressly regulated in collective agreements referred to in the additional first of this Convention provision.
This catalogue gathers, identifies and defines the performance of reference of the public system of social services for the whole of the State, and includes activities for the provision of services: the features of social services of primary and specialized care, understanding as such the actions that perform technical teams aimed at addressing the social needs and promote the social integration of citizens families and population groups. These benefits may develop from facilities, programs, services, administrative units and Multiprofessional teams, among others. (Is listed and develop of way grouped in the catalog of reference of services social, based on the following axes theme: 1) information, guidance and advice.
(2) personal autonomy and care at home. (Excludes services to persons in situations of dependency).
(3) intervention and family support.
(4) intervention and protection of minors. (Excludes residential placement).
(5) residential care. (Excluding residential care to persons in situations of dependency and disability).
(6) prevention and social Inclusion.
(7) legal protection. (Excluding the destined to minors).
B. on the basis of the areas of intervention and/or areas of activity.
Socio-educational and psycho-social intervention area: set of services, facilities, equipment and programmes for the comprehensive and development continuum of individuals, groups and communities in their environment, as well as to prevention, care, action and compensation in situations of disadvantage and risk social, educational and/or economic, from a psycho-socio-educational approach, excluding express services, centres, programmes and specific groups identified in State juvenile reform Convention and protection of minors and the State Convention framework of leisure Educational and ASC.
In this area are included, among others, the following services, equipment, programs, projects, performances, activities and other similar or analogous: and other services similar or analogous: initial reception of immigrant services.
Attention, information, advisory services, intervention and treatment for women in general and specialized (victims of gender violence, prostitutes, women with specific social problems, etc).
Social services in courts.
Services to victims of domestic violence (children, women, etc).
Service execution of penal measures alternative to imprisonment, with the exception of minors.
Services of guardianship and supervision of the inclusion.
Services mediation penal, civil, etc., in the field of Justice.
Facilities, malls, flats and similar or similar structures: day centres and centres for women and other groups at risk of social exclusion.
Reception centres (educational action of stay limited to battered women, population in poverty and/or other groups at risk of social exclusion).
Flats for women protected by abuse by gender.
Transients and homeless centers.
Night centres and social pensions.
Centres, flats, or any other residential device aimed at other groups at risk of social exclusion.
Programs, projects and activities similar or similar: care, intervention and mediation, unless the family already included in other conventions.
Area of social intervention: set of services, facilities, equipment and programmes to promote social integration and improve the quality of life through the search of places of employment and occupation, which the achievement of personal and economic autonomy, promoting the harmonized development of material and cultural wealth at the local level through activities specific labour integration , promoting equality and local development.
In this area are included, among others, the following services, equipment, programs, projects, performances, activities and other similar or analogous: and other services similar or analogous: inclusion or social and labour reintegration services.
Services of vocational guidance for employment and assistance for self-employment, occupational insertion itineraries.
Services of information, guidance, advice, mediation and business awareness.
Comprehensive improvement of the employability services for groups at risk of social exclusion.
Labour integration in ordinary enterprise support service for groups at risk of social exclusion.
Therapeutic services of employment orientation (pre-talleres, labour offices, etc).
Facilities, malls, flats and similar or similar structures: Pretalleres for personal development, social integration and to compensate for deficits socio-educational adolescence and youth at risk.
Day centre to promote the social inclusion of groups in a situation of exclusion, occupational and employment preparation.
Programs, projects and activities similar or similar: experimental actions in terms of methodology and the collective that are innovative in search of socio-labour insertion.
Actions of professional information and guidance.
Shares of labor motivation.
Tutorial supported employment programs.
The IPPP which are framed in formal education are expressly excluded.
Area of socio-health intervention and assistance: set of services, facilities, equipment and programs aimed at both health care and preventive care to individuals, groups or communities whose physical health conditions and or psychological, related to certain social needs at the same time require a multidisciplinary biopsychosocial order intervention in order to improve their quality of life.
In this area are included, among others, the following services, equipment, programs, projects, performances, activities and other similar or analogous: and other services similar or analogous: services psychosocial to favour the comfort and quality of life for terminally ill patients.
Emotional support for bereavement services.
Emotional support for the sick and their families (affected by HIV, etc).
Prevention of HIV and drug addiction services.
Social health services of rehabilitation aimed at groups in situation of risk or social exclusion.
Health care services to groups in serious social difficulty (food aid, soup kitchens, wardrobes and other basic needs).
Mental onset and Multicausal health services.
Emergency social services.
Services of coordination between health and social resources.
Support services to refugees.
Facilities, malls, flats and similar or similar structures: host family to avoid or delay institutionalization, with the exception of minors.
Centers for passers-by, homes or temporary centers as a platform of inclusion and social inclusion work.
Residential centers for populations at risk of social exclusion or social exclusion with various factors of risk of exclusion or exclusion (toxic-dependency, mental illness, difficult socio-labour insertion, etc.).
Centers of attention to people with Terminal in neglected diseases, or problems of exclusion.
Centres and flats for refugees.
Centers of attention to the toxicodependencias and other units, specialized or integral.
Centers, floors or any other residential device aimed at other groups at risk of social exclusion as an element to work the inclusion and social exclusion.
Programs, projects and activities similar or similar: programs for the treatment of addictions social.
Programs of Detox, addiction in drug addiction and social reintegration in drug addiction: CAD, CAID, floors.
Programs and services aimed at people in situation of exclusion, or great exclusion, that mediate between them and the private market housing for their inclusion in these accompanying them through reconstruction of habits socioeducational actions, support psychosocial, pre-job support, activities, leisure, etc.
Programmes of harm reduction in drug addiction (methadone and others): buses, day care centres...
Leisure activities and support to the patient sick.
Teams of coordination between health and social resources.
Area management, research, design, evaluation, diagnosis and strategic planning of social programmes: set of services, centres, equipment and programmes for the planning and administration of material technological and human resources, with a view to systematizing from technical bases the development and supervision of the work, and the effectiveness and efficiency of social intervention actions. Also those referred to the set of services, facilities, equipment and consultancy programmes for diagnosis, research, innovation and proposal in the field of social intervention.
In this area are included, among others, the following services, equipment, programs, projects, performances, activities and other similar or analogous: and other services similar or analogous: specialized advice and consultancy (accessibility and removal of physical barriers and communication, organization of teams...).
Training services oriented to professional health care, social and health care areas, social, psycho-social services and socio-educational already mentioned exclusions.
Services of guidance, information, advice, support and mediation to individuals or families to prevent the loss of your home or for the achievement of alternative accommodation.
Facilities, centres, flats, structures, programs, projects and activities similar or similar.
Design of programs of social intervention and of actionresearch projects.
Evaluation and analysis of results, dissemination of good practices.
Coordination of projects pluri - disciplinary, inter-territorial (address of resources and equipment, search for public and private funding).
Applied research and detection of new social, socio-cultural needs, etc.
Diagnosis and strategic planning in social services, socio-educational, with the already mentioned exclusions, and social intervention.
Annex II salary tables 2015 and salary increases year 2016 and 2017 professional group salary base annual gross year 2015 - 23,800 1 0 Euros 20,300 2 18.320 3 16.060 4 14,000 salary increases year 2016 and 2017.
Signatory parties to this agreement agree that for the year 2016 and 2017 shall apply in respect of salary increase on the collected concepts in the Convention provisions on the basis of the interconfederal agreement which, for those same periods, is obtained between the majority trade unions and business organizations through the agreement for employment and collective bargaining (NCSA).
In the event that such an agreement does not occur the signatory parties of the present Convention undertake to carry through the Joint Commission (CPIVC) of the same precise meetings to agree such increments that in no case shall be less than 1% in each of the designated years.
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