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Resolution Of June 22, 2015, Of The Directorate-General Of Employment, That Is Registered And Published The Collective State Of Action And Social Intervention 2015-2017.

Original Language Title: Resolución de 22 de junio de 2015, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo estatal de acción e intervención social 2015-2017.

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Having regard to the text of the State Collective Agreement on Action and Social Intervention 2015 -2017, (Convention Code number 99016085012007), which was signed on 13 May 2015, 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 Business Services of the Person (AESAP), representing companies in the sector, and, by the trade unions Union General of Workers (UGT) and Comisiones Obreras (CC.OO.), representation of workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text, adopted by Royal Decree-Law 1/1995 of 24 March, and in the Royal Decree 713/2010, of 28 May, on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:


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


Arrange your publication in the "Official State Bulletin".

Madrid, June 22, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.



Legal nature of the agreement and structure of the negotiation


The parties to this Convention agree on the need to give value to the sectoral framework as a formula for stability, homogeneity and legal certainty that allows for the establishment of working conditions. Homogeneous in accordance with economic and social needs at any given time.

This Convention will therefore be the minimum mandatory framework for all entities, organizations and/or companies that do not have their own agreement and for those matters that have not been reserved as priorities for the business agreement according to Article 84.2 of the TRET.

The coexistence of sectoral agreements, company agreements, and agreements in the sector should not be a cause for conflict or, therefore, a destabilizing role, but rather the contrary. The complementarity between the different levels of negotiation should be flexible enough to adapt in each case the reality of the entities within the sector and respond to the needs that can be given in this area.

Thus, the respective employers ' and trade union representatives of the social organizations and companies that are signatories to this collective agreement, undertake to be firm in the defense of the sectorial framework and the company conventions respect the same in such a way as to serve as a flexible and complementary tool in the areas in which the business agreement has an application priority.

Article 1. Signatory parties.

They are signatories to the Convention on behalf of the trade union the majority unions Union General of Workers (UGT) and Workers 'Commissions (CCOO) and in representation of the employers' associations Representative of the social intervention sector AESAP, AEEISSS, OEIS.

The signatory parties recognize each other's legitimacy to negotiate and sign this Collective Agreement.

Article 2. Legal Nature.

This collective agreement has been negotiated under Title III of the Workers ' Statute and in particular in accordance with Articles 83 and 84 of the aforementioned legal text.

Its provisions are of a general nature and effectiveness and therefore require all entities and companies within its functional, personal and territorial scope, in accordance with the principles laid down in the present chapter.

Article 3. Structure of collective bargaining in the sector, effectiveness and concurrency.

Under the provisions of Article 84, in conjunction with the 83.2 of the Staff Regulations, the concurrency of collective agreements at the lower level shall be settled, unless expressly provided for in this Convention, content of the Convention of a lower scope until the end of its natural life, at which time the new collective bargaining will have to conform to that established in this convention, which will be of direct compliance and obligatory observance in all the collective sectoral and enterprise negotiations which take place during their lifetime within its functional scope, in the terms laid down in its Articles, minimum conditions, and in compliance with the provisions of Article 84 of the Staff Regulations, concerning the conventions of undertakings and related matters in the same.

It will be affected by these concurrency rules those sectoral agreements of regional or regional scope that their functional areas coincide in part or in their entirety with the present State Convention being those of application priority in relation to the latter in its articulated for the territorial area concerned.

The representations of the companies and the workers that the entry into force of this Convention will be affected by other collective agreements of companies in force or with the binding of subsidiarity to a third, will be able expressly to accede to the present, or to be bound subsidiary to it, by common agreement of the parties legitimized for this purpose, in the terms determined by article 92.1 of the already cited recused text of the Law of the Workers ' Statute, prior notification to the signatory parties to this State Collective Convention and to the Directorate-General for Employment.

The article concerning subrogation clause, as it is reserved matter and minimum condition to this convention, will be mandatory application, without the need for incorporation into the collective agreements of lower scope, from the time of its publication in the "Official State Gazette", and if any lower-level collective agreement had regulation on this matter, from the moment of the end of its agreed term.

In accordance with Article 84.1, 84.3 and 84.4 of the Workers ' Statute, this Convention may not be affected by another of a different scope as long as it is in force. On the other hand, during its validity, it may be affected in any matter by the provisions of an autonomous or provincial-level agreement respecting as minimum conditions those governed by this Convention in the test period, arrangements for recruitment, professional classification, maximum annual working day, disciplinary arrangements, minimum standards for the prevention of occupational risks and geographical and functional mobility, as well as the structure and arrangements pay, compensation and absorption of more beneficial conditions and subrogation.

The State Collective Agreement of Action and Social Intervention obliges for the entire duration of its validity the totality of the entities regardless of the legal form of their constitution and the workers understood within of its scope, as determined by article 82.3 of the recast text of the Law of the Workers ' Statute and Article 37.1 of the Spanish Constitution, which guarantees its binding force.

Collective agreements of undertakings or groups of undertakings shall be of the sole application of priority to this State Convention or to the regional or regional conventions in the matters referred to in the Article 84.2 of the Workers ' Statute.

In other matters, they shall be considered as minimum conditions as governed by this Convention and by the autonomous or provincial authorities for their territorial scope.

This Convention shall have a minimum right of law for all undertakings, autonomies and provinces which do not have any collective agreement or agreement applicable to them and also for those whose content rules do not regulate any or some of the materials that constitute your object.


General scopes and rules

Article 4. Territorial scope.

This collective agreement applies to all entities and companies, as well as projects, that develop their activity anywhere in the territory of the Spanish State, without prejudice to the prevalence of application of the Existing lower-level agreements at the sectoral and territorial sectoral level and which coincide in all or part of the functional scope of this Convention.

In the first provision, the territorial development recognized as pre-existing is regulated, without prejudice to the incorporation into the future of new agreements of territorial scope inferior to the state.

Article 5. Personal scope.

This collective agreement shall apply to all employees who have an employment contract with the entities, organisations or undertakings included in their functional area.

Article 6. Temporary scope.

This Collective Agreement shall enter into force on the day of its publication in the "Official Gazette of the State" and shall be in force until 31 December 2017. However, its economic effects will be as of 1 January 2015.

This Convention shall be automatically extended by annuities, without the express and written denunciation of the present Convention. The complaint shall be made by some of the parties to the Convention within a period of at least three months before the end of its validity.

Denounced the Convention, with the exception of the duty of peace, the same will continue to be in force and fully applicable in the rest of its clauses until it is replaced by the new Convention.

If, within 12 months of the complaint, the parties have not reached an agreement on the negotiation of a new convention to replace the present, they will decide, by common accord, whether or not to attend the the mediation or voluntary arbitration procedure provided for in the legislation in force.

Once the complaint has been made, the collective agreement will extend its validity from the date of the complaint and until its replacement by a new one.

In any event, this Convention shall remain in force until its replacement by the new Convention or by the arbitral award to be reached, if any.

Article 7. Functional scope.

This Convention shall apply in all undertakings, associations, foundations, centres, entities or similar organisations (hereinafter organisations) whose main activity is the carrying out of activities of action and social intervention, the legal nature of which is not public law, or whose sole or principal shareholder is not a public administration.

By action and social intervention, the activities or actions, which are performed in a formal and organized manner, are understood, which respond to social needs and offer attention to people who are in particular social vulnerability, the purpose of which can be to detect, prevent, mitigate, overcome or correct social exclusion processes, such as promoting processes of inclusion and/or social participation.

The areas of social action, as well as the socio-occupational or social-health, as well as socio-cultural and socio-educational, will be affected by this Convention.

This functional scope is given in the Social Services Reference Catalogue set out in the Resolution of 23 April 2013 by the Secretary of State for Social Services and those which may be replaced, amended or incorporated by both the Central Administration and the respective autonomic governments, with the exception of those that already have a conventional regulatory framework.

Also, all activities, programs, services, resources, etc., included in a generic form in the action and social intervention framed in the definition of the preceding paragraphs, will be affected by this Convention. (a) collective bargaining, or risk of social exclusion unless they are regulated by the current functional area covered by the State Convention on Youth Reform and Child Protection. The activities of socio-cultural animation, leisure and leisure time developed for the purpose of the above mentioned purposes are understood, unless the Convention of Educational Leisure and Animation has been applied to them. Sociocultural.

Likewise, the International Cooperation and Development Assistance in the terms of the second transitional provision are exclusively included in the scope of this Convention.

In order to describe and clarify the present functional scope, the definition of the present functional scope is complemented by the catalogue of activity indicated in the final disposition of this Convention, this catalogue is not a description Exhaustive and definitive of the functional scope of this Convention can be completed on a proposal of the Joint Commission of Interpretation and Surveillance of the Convention (CPIVC) of the Convention for the evolution of the labor sector here regulated, who will meet in order to decide on the convening of the negotiating commission to bring the Convention into line with the new situation.

Likewise, no functional minor area can be broken down in this functional area, except on a proposal from the Joint Commission (CPIVC), the call for the negotiating commission to adapt the Convention to the new one will be decided. situation reducing the functional scope, the smaller intended scope, to avoid concurrency, prior necessary modification to enable negotiation of minor scopes. As well as recommending and entrusting to future negotiations and negotiating commissions the need for more comprehensive and specific developments within the present Convention of different activities in successive renewals of the Convention.

The limitations of application of this Convention are determined by the definition of its functional scope and by the exceptions already contained in this Convention and related to the rules of competition and others. By way of example and without the description of all of them, some of the collectives we refer to are: by age groups, children, adolescents, young people, adults and older people not regulated by other conventions, collective of women victims of gender-based violence, other groups of elderly people who suffer from abuse by domestic violence, immigrants, homelessness, people with disabilities from dependence on any type of addiction and former addiction, mental health, unemployed and unemployed persons, persons recruited and ex-prisoners, etc., in all cases persons or groups that are at risk and/or situation of social exclusion and on which it is necessary to promote their social inclusion, among others.

The divisions, lines of business, sections or other units dedicated to the provision of services of the functional scope are also affected by this Collective Agreement, even if the activity of the organization in which it is In the case of a number of different sectors, there is no more than one activity belonging to different sectors, unless the agreed conditions for these organisations are more beneficial to those agreed in this convention, in which case it will be guaranteed.

Furthermore, the activities covered by the related conventions in the first provision of this Convention are expressly excluded from the application of this Convention.

Article 8. Linking to the entirety and review.

All clauses agreed upon in this Collective Agreement shall be reviewed in the event that, by law, regulation or by judicial decision, the nullity of any or some of the agreed terms is declared.

The parties will be obliged to start negotiations within one month-or within the time of the correction set by the Labor Administration-by agreeing on the nullity, or only of the clauses affected by the judicial resolution. or that of the whole Convention, if it is estimated that the nullity given affects or may affect the whole of the normative text.

In any case, if no agreement is reached within six months, the text initially agreed will lose its effectiveness to all intents and purposes. As long as this period does not elapse, the content of the Convention not affected by the Judicial Resolution declaring a declaration of nullity or illegality shall remain in force. The parties ' involvement in arbitration or mediation may be estimated in the event of disagreement.

The conditions of this Collective Agreement form an organic and indivisible whole and, for the purposes of its application, will be considered as a whole, assuming the parties ' compliance with the whole of the same.

In the case of existing collective agreements with this one, of lower scope, whether they are Sector Conventions, autonomic, provincial or local, or collective agreements of companies, we will not be able to pretend implementation of one or more of its rules, forgetting the rest, but that, for all intents and purposes, a single collective agreement must be applied and observed in all its entirety, in accordance with the provisions of the Staff Regulations and the provisions of this Convention.

Article 9. Application of the best conditions.

9.1 Signed and published this Convention and having deployed all its effects, if any, prior to it, more beneficial conditions of a personal nature implemented by the organizations, or sections, or production units of These, where those exceeding those specified in this Convention in a comprehensive and annual manner, shall be maintained in their entirety in such a way that no working person can be harmed by the implementation of any paragraph agreed upon in this Convention. Convention.

Similarly, when this convention enters into force, agreements, agreements and/or similar lower-level agreements, regardless of their causes, are the most beneficial conditions in global and annual computing that they will enjoy. workers in the workforce at that time, will become considered and recognized as more beneficial conditions of individual personal character.

The best economic conditions that were previously enjoyed for the signing of this Convention will be integrated into the Personal Pay Add-on "ad personam". At the decision of each entity, this supplement may or may not be revalued annually in accordance with the wage increases resulting from the negotiation processes.

To take the decision not to revalue this supplement, a procedure must be followed to ensure that only those economic quantities whose perception derives from a concept not collected in the present will be affected. Convention as follows:

1. º The total wage bill that the worker or the worker will be enjoying at the date of application of this Convention, will be distributed among the Base Salary corresponding to his professional group and the 'ad personam' salary supplement which shall contain the difference, if any, up to the total annual mass of that mass.

2. The so-called "ad personam" wage supplement will be extracted and allocated those economic supplements defined in this Convention of work corresponding to the worker, these supplements will have the consideration of consolidated.

3. Once the professional classification and the corresponding wage application are adequate, the resulting "ad personam" wage supplement will respond to the best economic conditions of a very personal nature that In this Convention the worker or the worker should be enjoying themselves. This supplement shall be of a consolidable wage character.

9.2 Workers who carry out their professional activities in the field of international cooperation and/or humanitarian aid shall be guaranteed economic perception by the exercise of the same functions as would have on the national territory.

Article 10. Extra duty.

For the purposes not provided for in this Convention will be the provisions of the Workers ' Statute, the Organic Law on Freedom of Association, the Statute of the Cooperant, the other general provisions and regulations In addition to the legislation that is applicable in this field and which is enacted in the field of the different Autonomous Communities, specific implementing measures in the field of Action and Social Intervention and Social Services.

Article 11. Joint Commission for Interpretation and Surveillance of the Collective Agreement (CPIVC).

A Joint Commission (CPIVC) is set up consisting of 8 members to be appointed by each of the signatories, trade unions and employers, in the form that the respective organisations decide and which according to the provisions of the Article 85.3.e) of the Staff Regulations shall mean the following:

A. General functions.

1. Monitoring, monitoring and monitoring of this Convention.

2. Interpretation of all the provisions of this Convention.

3. Prior knowledge and resolution of issues arising from the application/inapplication and interpretation of this Collective Agreement.

4. To receive information from collective agreements that regulate general working conditions in lower territorial areas.

5. To authorise the opening of new functional areas of negotiation and of the same territorial scope of this Convention.

6. Be informed of the opening of negotiations in lower territorial areas.

B. Specific functions.

1. To understand and understand the differences in criteria resulting from the application of this Convention may arise in the professional classification of workers.

2. At the request of one of the signatory parties, to mediate and/or to attempt to reconcile, if necessary, and after agreement of these parties, to arbitrate on how many occasions and conflicts, all of which are of a collective nature, may provoke the application of this Convention.

3. In situations of disagreement in the Joint Committee (CPIVC) in the interpretation of the application of this Convention in one of the following matters:

a) Structure of collective bargaining.

b) Business subrogation.

c) Pay or deal misapplication.

d) Reporting, validity, and application scopes.

The parties agree to submit such a discrepancy to the arbitration procedure provided for in the Agreement on the Autonomous Settlement of Labour Conflicts (ASAC), the resolution of which will be binding on both parties provided that the have such a character in accordance with the rules of the issuing body.

4. To know and to understand in advance any judicial way about the approach of collective conflicts arising out of the interpretation of this Convention.

5. To be informed in the procedures of substantial modification and non-application of the collective working conditions within a period not exceeding three working days from the date of their presentation to the legal representation of the workers corresponds to such modification and in other cases as provided for in the second provision of this Convention.

6. If, for the duration of this Convention, changes in the law on matters affecting the rules contained therein are proposed, the Joint Commission (CPIVC) shall meet in order to decide whether the convocation of the negotiating commission to bring the Convention into line with the new situation.

7. A special committee will be set up within the Joint Commission (CPIVC) to develop a proposal to be forwarded to the Joint Commission (CPIVC) in order to facilitate the integration of the international cooperation and aid field. humanitarian outside the Spanish territory to the content of this Convention.

C) Internal functioning of the Joint Commission (CPIVC).

The Joint Commission (CPIVC) shall be constituted within the month following the signature of this Convention. It shall meet, on an ordinary basis, once a semester, and on an extraordinary basis, on a proposal from any of the representations that make up it, as many times as is deemed necessary. The call and meetings shall be governed by their own rules of operation which shall be approved by the Joint Commission (CPIVC) at its first meeting.

The resolutions of the Joint Commission (CPIVC) will in any case require the favourable vote of the majority of each of the two parties, trade unions and employers, in accordance with their own rules. Resolutions interpreting the Convention shall have the same legal effectiveness as the rule which has been interpreted.

It is established that in the previous questions of their competence to be promoted to the Joint Commission (CPIVC), the same will adopt, in the promotion as well as in the answer, written form and its content will be sufficient for examine and analyze the subject with knowledge of cause and must have as mandatory content:

succinct and concrete exposure of the subject.

Reasons and fundamentals you understand assist the proponent.

Proposal and/or specific request to be made to the Joint Commission (CPIVC).

The proposal's writing will be accompanied by how many documents are needed for the best understanding and resolution of the matter.

The Joint Commission (CPIVC) shall have a period of not more than 7 working days to obtain the additional information it deems appropriate for the resolution of the question referred to, after which it shall have no time limit. more than 30 working days to resolve the issue.

Expiry of that period without a resolution or disagreement, the Commission shall be deemed to waive the issue and shall be open to any dispute settlement procedure which corresponds to the nature of the case. treated.

For the purposes of facilitating the powers of the Joint Commission (CPIVC), the associations of employers ' associations undertake to seek and to provide sufficient and necessary resources for their normal functioning and in this sense, is governed by the rules of procedure of the Joint Committee (CPIVC). The CPIVC will have its registered office for the purpose of notifications at the headquarters of CCOO, Calle Fernández de la Hoz, 21, 1. The CPIVC may modify the same, ensuring its registration and publication.

Article 12. Organization of the job.

In accordance with current legislation, the faculty and the responsibility of the organization of work, as well as the evaluation and incentive of productivity, will be the responsibility of the entities, without merit of the powers and rights that the Law confers on workers and workers, as well as their legal representatives.

The organization of work is based, among others, on the following principles:

• The adequacy of the templates in such a way as to permit a level of service delivery according to, at least, the parameters and requirements established by the public administrations.

• The rationalization and improvement of the processes of social treatment, prevention, inclusion and social promotion and promotion.

• professionalization and promotion.

• Training and retraining of staff.

• Effectiveness at work.

• Efficiency in the use of all resources.

• The assessment of posts, taking into account the adjustment of the position profile and the professional skills, training and professional experience of the occupant.


Hiring, vacancy provision and promotion and extinction systems

Article 13. Subrogation.

1. General principle.

The parties to this Convention, in order to comply with the principles of stability and quality of employment of workers in the sector, agree to establish a mechanism of subrogation. business, by or for whom it happens and/or captures part of the activity of another organization, in the assumptions and conditions detailed below.

1.1 Rules and Conditions.

Are expressly excluded from the application of the subrogation process contained in this article:

(a) The members of the governing bodies of the institutions, companies and/or cooperatives, provided that their activity in the same way only carries out the tasks inherent in their office.

(b) The management staff in the same, irrespective of the legal form of the organisations in which they carry out their managerial positions, while they receive financial allowances linked to the financial year of the abovementioned charges.

c) Liberal professionals and technical advisors, scientists or teachers linked to institutions or companies under civil and/or commercial contracts.

(d) Staff who, under a scholarship, carry out activities for the institutions or undertakings, linked to the development of their studies, training or research, a situation already regulated by the signing of the appropriate convention collaboration with the relevant educational entities.

(e) Personnel belonging to other organisations other than the employer and who provide their professional services for the same according to subcontracting, hiring or temporary provision of services.

f) Social volunteering, which will be governed by the provisions of the respective voluntary laws.

g) Members of religious communities who, as such, provide their service in centres or programmes on which such orders hold ownership or management.

(h) Cooperators or expatriates as long as they serve on mission or destination within the framework of international cooperation for the development of their organizations outside the national territory that will be governed specifically by the Laws of International Cooperation for the Development and the Statute of the Cooperant.

The change of ownership in the contract of provision of services or equivalent legal formula, subscribed between the entities and/or companies affected by this Convention and the addressees of that service or clients the new entity and/or undertaking to be awarded the service or the continuation of the activity is subrogated to the rights and obligations that the former had with respect to its workers, and workers, partners and partners cooperativists.

The company or entity that ceases to provide the service will have to inform the workers and workers about the social reason of the new owner and their address whenever possible.

At the time of the subrogation, the company or entity will have to make and pay the individual settlement of the proportional share and you will have accrued to each of the subrogates except the pending vacations to enjoy.

For the case where the worker or worker has a pending vacation at the time of the change of ownership, the incoming company or entity will have to allow the employee to enjoy them, according to the work schedule and compliance with existing legislation.

The outgoing company or entity will have to pay to the incoming company or entity-at the time of the subrogation-the economic amount that in concept of accrued holidays and outstanding enjoyment by the subrogated workers and their respective contributions.

The new holder shall not have an obligation to subrogate himself in the worker's and/or worker's relationship that has not provided his services in the corresponding physical space or center for the last six months immediately preceding the date of his/her visit. to the termination of the previous contract, service or entitlement, unless the service delivery contract underwritten by the company or the outgoing entity is less than six months, and in this case the time provided at the concessionaire will be added immediately above.

In case of casualties, absences, surplus, etc., the worker or worker has been replaced by an interim, the new holder or concessionaire has to subrogate the two workers under identical conditions, that is, that once the cause that had given rise to the substitution was resolved, the interim cause the company to be permanently low.

If in the workplace they provide their services workers and/or workers with a fixed contract discontinuous or with contract suspended for legal reason-except those who are in a situation of voluntary leave according to the article 46 of the E.T.-, the six months referred to in the previous paragraph must be the immediate ones prior to the suspension of their respective contracts.

It is understood as service time, holiday periods, temporary incapacity or suspension of contract for legal reason, except voluntary leave of absence in Article 46 of the E.T.

The outgoing entity or company, within seven days of its knowledge of the completion of its services and, in any case, before the service is transferred, has to deliver to the incoming entity or company, or to the entity or company that becomes the service of a document that collects the following data:

1. Number of workers in staff, affected by the subrogation, with the identification of the type of contract.

2. List of workers, included in the subrogation, with temporary contract and contract modalities during the last year and, in situations of temporary incapacity or legal or forced leave.

3. Existing and subrogated pacts.

4. Working time and working hours agreed with each worker, as well as any changes made in the last six months, with justification for this.

5. Wages individually agreed in excess of the Convention and justification for any changes made in the last six months. In any event, the incoming entity or undertaking is not obliged to respect the wage increases which have occurred in the last six months provided that they do not result from the application of the Convention or from the agreements entered into with the representation. of workers, provided that the latter were registered and deposited in the Register of Conventions and Collective Agreements of the geographical scope corresponding to the new award and/or subrogation.

6. Holiday schedule.

7. Certificate of the competent body to be in charge of payment to the Social Security.

8. Photocopy-if any-of the Center's Book of Visits.

9. Salary sheets or receipt of workers ' assets and subrogated workers of the last twelve months.

10. Settlement receipts of the proportional parts.

11. Photocopies of TC-1 and TC-2 for the last twelve months.

12. For each worker and temporary worker to be subrogated, it must be provided, together with the current temporary contract and its extensions, the previous temporary contract-if any-as well as the settlements, ups and downs in the social security system. between contracts.

13. The outgoing entity or undertaking will have to inform the new holder of all outstanding work matters from official bodies.

For personnel to be subrogated, when it is necessary to confront or supply the information of the outgoing entity or company, the new holder must be provided, before proceeding to its subrogation, the documentation necessary to the effect, if you have it.

In the event that in the template affected by the subrogation there are unpaid, discovered Social Security or irregularities in wages, generated by the outgoing entity or company or others of previous, the workers and They must also be subrogated by the new holder, without prejudice to the fact that the liability for such impayments, overdrafts or irregularities remains of the outgoing company. In any event, the alleged infringing entity or undertaking will have to answer for all the damages caused by its non-compliance.

In the event that the customer or customer decides unilaterally to close or directly manage the service on a provisional or final basis, he/she will have to assume the staff assigned to the service.

The binding character of the subrogation does not disappear in the event that the administration suspends the service for a period not exceeding one year.

The subrogation will not proceed for the senior management staff of the entities or companies.

Both the incoming and outgoing entities have to communicate to the legal representation of their employees the execution of the subrogation at the time they are aware of it.

2. Guarantees of unitary and union representation.

The existing unitary and union representation bodies shall be maintained at the time of subrogation, delegates, committees and trade union sections in the affected centres, in accordance with the following criteria and safeguards:

(a) Representation exclusively of the centre object of subrogation: The maintenance of the present unitary and union representation, nominally, as well as of the list of alternates, which emanated from the last union elections, safeguarding the capacity of representation in the same centre and on the same collective in the undertaking or entity of destination, as well as the rights and guarantees arising from its status as legal representation of the employees, the creation of a new trade union electoral process.

b) In another case: If the subrogation supposed the integration in a center with representation, they will maintain the rights and guarantees that emanated from their condition of legal representation of the workers, all until the realization of the new trade union electoral process. Without showing the legal capacity of representation in the new center but with voice and right to participate in the labor relations of the same, along with the existing representation.

Except as set out in the preceding paragraph of this paragraph (b), those delegates of staff or members of the business committee, if any, which are fixed as a template of the concessionaire or the concessionaire the outgoing and, within six months prior to the date of the successful date of the change of the successful tenderer, have been transferred and attached to the work centre which is the subject of such change, they will have the option to join the new company (a) to be awarded or to remain in the template of the outgoing concessionaire, provided that there is a work of your professional group. In the latter case, the delegate, delegate, or committee member shall accept the job assigned to him under the current labour law.

Article 14. Provision of vacancies and newly created posts.

The revenue and vacancy systems shall be governed by the principles of equal opportunities, transparency, publicity and technical competence.

From the entry into force of this Convention, for the coverage of these posts, an internal communication process will be made in any case, in which the square will be offered to the staff of the company, center or entity, according to the selection criteria that the company sets in each case.

The internal promotion of the organization's staff will be favored.

In any event, from the signature of this Convention, all the organizations to which it is implementing it, shall draw up a standard of internal application, and enforced compliance, which at least provides for the requirement (i) first of all the offer of vacancies and places, which do not refer to positions of confidence, to the workers of the offeror entity who are at least six months old recognised. This legislation must also contain at least the information, procedures and rights to participate and consult. Once such legislation has been drawn up, it shall be communicated to the Joint Committee of the Convention (CPIVC) for registration.

Article 15. Recruitment.

With the aim of providing the sector with a stable employment relationship model, which will benefit both entities and staff, eliminating inequalities in access to employment and working conditions with respect to women, young people, immigrants, people with disabilities and those who have temporary or part-time work, who contribute to the recruitment of talent of the entities and companies, to the reduction of the temporality and rotation of the employment, and in order to ensure that the attention to the users is of the highest quality and more qualified possible, will prioritize indefinite hiring.

Staff on a temporary and fixed-term contract will have the same rights as staff on an indefinite duration contract, without prejudice to the specific particularities of each of the contractual arrangements. on the termination of the contract and those expressly provided for in the Law in relation to training and training contracts.

In the scope of this Convention, contracts, extensions or modifications thereof shall be formalized in writing, having the person hired the right to receive a copy of the contract at the time of signature. In addition, the organisations will have the obligation to make the basic copy available for the legal representation of workers within a short period of time, not exceeding ten days, to be counted from the latter's signature.

The modalities that are governed by the current legislation will be used at any time.

For the purposes referred to the minimum content of the contract and its essential requirements for validity, it shall be provided for in Article 8.5 of the E.T. and/or the legislation in force at any time.

Article 16. Indefinite hiring.

Except for the exceptions established by the Law and those indicated in the following Articles, the staff included in this Convention shall be deemed to be engaged for an indefinite period.

Staff hired by companies and/or entities without any special arrangements regarding the duration of their contract will be considered fixed after the trial period has elapsed.

All staff will have the status of indefinite if the maximum duration of the duration of the modality of the contract continues to develop their work activity unless the very nature of the activity is deduced temporary character.

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

In the case of non-continuous work, the regulation of the part-time contract concluded for an indefinite period of time, as set out in Article 15 of the Staff Regulations, will be applicable to them on certain dates. Workers.

Discontinuous fixed workers will be called in the order and the form to be determined in the respective lower-scope collective agreements, or in the agreements with the RLT in the field of the company.

Article 17. Temporary hiring.

Fixed duration contracts can be concluded in the following assumptions:

A. The contract by a given work or service.

According to the current legislation, it is intended to carry out a specific work or service, with autonomy and self-sufficiency within the business of the company, and whose execution, although limited in time, is in principle of uncertain duration. It shall not apply therefore to the hiring carried out in order to carry out services or services which are considered to be a subjective right or a guaranteed benefit in the different laws of both the state or the autonomic the sector.

These types of contracts will be used to meet the needs of those jobs that correspond to regulated programs, centers or services through agreements or grants that are subject to a duration determined or have limited funding over time.

Its possible extinction (closure of service for non-renewal of the agreement or exhaustion of the grant or aid) will be considered as a completion of work and service in which the intended for these cases will be applicable, either by the Workers ' Statute or by the general or specific rules applicable to this type of contract.

In this sense they are identified as work and service contracts determined in the following assumptions:

1. Those that are linked to the creation of new programs, centers or services are already by agreement, grant or own initiative of the entities of the sector. The duration of this contract shall be that of the time required for the performance of the work or service subject to the contract which may not be longer than three years.

However, the signatory parties agree that they may be extended up to the maximum of 4 years in the event that the duration of the work or service financed by third parties exceeds three years.

After both deadlines, to continue to provide service to the same worker for the same work or service, they will acquire the condition of fixed workers of the company.

As with the previous one, this type of contract will not support more than two extensions.

The work contract must clearly specify which activity or project the temporary contract is attached to.

B. Eventual contracts due to circumstances of production.

The implementation of possible recruitment will be exceptional in the field of Social Intervention, will be determined by the increase over the needs or by the carrying out of sporadic and occasional work of limited duration. Such contractual arrangements shall be duly substantiated and shall be subject to circumstantial reasons and shall, where appropriate, be transitional.

In such cases, contracts may have a maximum duration of twelve months, within a period of eighteen months, from the time of such causes. Where the contract has been concluded for a duration less than the maximum duration, it may be extended by agreement of the parties, for a single time, without the total duration of the contract being exceeded.

If the contract is terminated at the end of its duration, no other worker or worker may be hired to fill the same position until five months have elapsed.

For the application of temporary contracts, the company and/or entity shall comply with Articles 15 and 49 of the Staff Regulations.

C. By interinity or substitution.

This will be done in the case of replacing workers with the right to reserve the job, provided that the name of the replacement and the cause of substitution are specified in the contract. The cessation of interim staff shall take place when the person to whom he or she replaces, in the form and time, legally established is reintegrated.

In addition to the legally regulated and regulated assumptions, the following causes are established for their application: suspension of employment and salary for disciplinary reasons, surplus with job reserve, for promotion in probationary period, parental leave, maternity or risk during pregnancy, temporary incapacity for medical discharge or other cases covered by law.

D. Contract in practice.

The hiring of companies under this Convention in the form of a contract in practice will have the limitations and requirements of certification laid down in the Staff Regulations.

Only those who hold university degrees, medium-grade or higher vocational training or officially recognised qualifications as equivalent shall be eligible for a contract within five years of the termination of the relevant studies, or of seven years when the contract is designed with a worker or worker with functional diversity, following the completion of the relevant studies.

The maximum duration of such contracts may not exceed two years or be less than 6 months.

Practice contracts shall be considered as ordinary contracts for an indefinite period if the worker continues to provide services after the maximum duration of the contract has been exhausted and there has been no express complaint.

The remuneration may not be less than 70% of the salary of the contract according to professional group during the first year, nor less than 85% during the second year.

The probationary period may not exceed one month for medium graduates and certificates of professionalism level 1 and 2, and two months for university graduates and level 3 certificates of professionalism.

At the end of the internship contract, the company shall provide the worker or worker with a certificate stating the duration of the practices and the position or positions of employment.

In the absence of the Collective Agreement, any interpretation of this paragraph shall be followed by the provisions of the Staff Regulations.

E. Contract for training and learning.

Contract for training and learning: The subject of this contract will be the professional qualification of workers in a scheme of alternance of paid work activity and training activity received in the framework of the vocational training system for employment or the education system. The maximum number of contracts for the training that companies will be able to make will be 12% of the template.

This contract may be concluded with workers over sixteen and under 25 years of age who lack the professional qualification. The maximum duration of such contracts may not exceed 3 years or be less than 1 year.

The effective working time shall be compatible with the time spent on training activities in accordance with the agreement signed between the contracting entity/organisation and the SEPE and shall not be higher than 75%, during the first year or 85%, during the second and third year of the annual maximum day provided for in this Convention.

These workers will not be able to perform overtime or night work or shift work.

Training contracts shall be considered as ordinary contracts for an indefinite period if the worker or worker continues to provide services after the maximum duration of the contract has been exhausted and there has been no express complaint.

If a worker or worker continues to be terminated in the company, a new trial period cannot be concluded and the training period shall be counted against all the effects of the contract.

The remuneration of the contract worker for training and learning will be proportional to the effective working time agreed and in any case according to the minimum of 70% for the first year, 80% for the second year and 90% for the third year of the salary of the reference point.

In the absence of the Collective Agreement, the provisions of the Staff Regulations shall be followed for any interpretation of this paragraph.

F. Relief contract.

Companies may enter into part-time employment contracts with their own workers or workers who fulfil the general conditions required to be entitled to the contributory pension pension, except age, which must be the way in which existing legislation is established.

The relay contract will be formalized on a full-time or part-time basis. The continuation of part-time work and its remuneration shall be compatible with the receipt of the pension which the Social Security recognises to the worker or worker.

To be able to conclude this contract, the company will contract through the contract of relief, simultaneously to another worker or worker in a situation of unemployment or who has contracted with the company a contract of duration determined, at least, by the working day that the worker or worker has reduced.

In the event that the worker or worker relieved does not reduce his or her working day to the maximum limit, he will be able at the beginning of successive natural years to gradually reduce the day to such a limit. The company will simultaneously extend the day to the worker or contract worker.

As a general criterion, once the replacement contract has been extinguished, the worker or worker who has been hired will move to the fixed condition, provided that the job is maintained in the company.

Article 18. Test period.

All new entry staff will be submitted to a trial period, which will be six months for Technicians with indefinite hiring and two months for the rest.

During the trial period, both the person hired and the organization's entitlement will be able to freely resolve the contract of work without notice and without the right to compensation.

Finished the test period the worker or worker will become part of the organization's template by computing for all effects that period.

Where temporary staff are subject to successive contracts, they shall not require a probationary period, provided that the duration of the previous temporary contract or previous temporary contracts is higher than the expected probationary period. for your professional group.

The status of temporary disability, maternity and paternity will interrupt the probationary period unless agreed between the parties.

The worker or worker who has passed a test period for the exercise of his or her job will not be subject to other test periods for that same job.

Article 19. Slot reservation for people with functional diversity.

The entities and companies linked by this agreement undertake at least the strict compliance with the obligations in force at any time on the employment integration of persons with functional diversity.

The company, after appropriate technical advice, will determine which jobs are reserved in order to be able to fulfill this purpose, taking into account the characteristics of the degrees of disability, as well as the necessary adaptations to the position.

Article 20. Voluntary cessation.

The staff who voluntarily wish to cause low in the company must notify the company in writing at least one month in advance for groups 0 and I and 15 days for other groups.

The lack of established notice will entitle the contracting entity to deduct at the time of settlement and finiquito, the daily equivalent of its actual remuneration for each day of delay in respect of the established notice.

The company is obliged to acknowledge receipt of the communication made by the worker or worker.


Professional classification

Article 21. Professional classification.

1. General provisions.

1.1 A system of professional classification means the legal arrangement whereby, with technical and organizational basis, the inclusion of workers in professional groups that establish in a general manner is contemplated. the different work tasks.

1.2 It is understood by a professional group that it brings together the professional skills, qualifications and general content of the benefit. Within the same group, different degrees and professional qualifications may coexist, as well as different content of the benefit, as they may include different tasks, functions, professional specialties or assigned responsibilities. workers.

1.3 The system of professional classification will be the basis on which the way to carry out functional mobility and its various assumptions will be regulated.

1.4 The system of professional classification will apply to all personnel whose work is carried out within the activity framed in the functional scope of this agreement. Entities and organisations affected by this Convention shall have a maximum of six months from the entry into force of this Convention to make the adjustment of staff to the professional classification established.

2. Basic aspects of classification.

2.1 The system of professional classification is established, in particular, according to the criteria laid down in Article 22 of the E.T. for the existence of a professional group: professional skills, qualifications and content general of the benefit.

2.2 The professional classification is carried out in areas of activity and professional groups for the interpretation and application of general objective factors and for the tasks and functions that the workers develop. These, depending on the professional activity they develop, will be assigned to a particular area of activity and to a professional group of those established in this chapter, circumstances that will define their position in the organizational and remuneration of the company.

The possession by a worker or worker of some or all of the representative capacities of a given professional group does not necessarily imply its attachment to it, but its classification will be determined by the requirement and the effective exercise of such capacities in the duties corresponding to his job. In any event, such knowledge on the part of the worker will be valid and the company will have to take them into account in the promotions that can be raised.

The professional classification that is established does not require the availability of all the activities, tasks and/or functions that are reflected here in the different professional groups and areas of activity if the need, the character and the activity volume of the company or entity does not require it.

2.3 The factors which will guide the professional classification of workers and which will therefore be indicative of the membership of each of them to a particular professional group, all according to the criteria determined In Article 22 of the E.T., they are as follows:

2.3.1 Training: a factor for whose assessment the set of knowledge, experience and skills required for the normal performance of a job, referred to a business function or activity, will be taken into account. This factor consists of:

• Titulation: considers the minimum and sufficient initial level of theoretical knowledge that a person must possess in order to successfully perform the duties of the job.

• Specialization: Considers the need for specialized or complementary knowledge to basic initial training.

2.3.2 Initiative: a factor for the assessment of the degree of follow-up to standards, procedures or guidelines for the execution of tasks or tasks.

2.3.3 Autonomy: a factor for whose assessment the degree of hierarchical dependence in the performance of the functions will be taken into account, as well as the degree of decision and action granted to a given occupation to reach the established results.

2.3.4 Responsibility: a factor for the assessment of the degree of autonomy of the operator of the function, the level of influence on the results and the relevance of the human resources management, technical and productive.

2.3.5 Command: a factor for which assessment will take into account the degree of supervision and management of functions and tasks, the interrelation capacity, the characteristics of the collective and the number of persons on whom the command.

2.3.6 Complexity: the factor for which the number and degree of integration of the various factors listed in the task or assigned position will be taken into account.

3. Functional areas.

It is understood by functional or activity areas the organizational groupings of the company, taking into account both the content of the posts that compose it and the essential objectives that define them. They will also guide the natural trajectory 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 the jobs whose mission is the development of the professional and technical activity derived from one's nature and object are integrated in this area of activity. social intervention sector, which is all within the scope of the functional scope of this Convention.

3.2 Planning and Management Area: All posts that have as main functions planning tasks, internal control of the company, administrative services, are covered in this area of activity. transversal, general management of information and documentation of a technical and/or administrative nature and whose objective is to support the area of social intervention and direct attention for the good order and functioning of this. It groups the secretariat, the economic, administrative and human resources management, as well as the marketing.

3.3 Area of services and non-technical ancillary activities: groups the jobs with auxiliary functions and annex to the main activity.

4. Professional groups.

The functions or tasks described to determine the general content of the benefit by way of example in all the professional groups listed below have a character, enunciative, non-limiting, and must to serve as a reference for the allocation of similar posts which already exist with another name, as well as those which may arise later on from the sector's own development.

From the moment when there is a worker or worker in a company or entity that performs the specific functions of the definition of a group and professional activity, it shall be remunerated, at least, with the remuneration assigned to it in this Convention.

In cases where the membership of a given group is required and its corresponding task or professional activity is not covered by this Collective Agreement, it shall be taken to the Joint Committee. (CPIVC).

The professional groups are as follows:

Professional Group 0.

General criteria: The general content of the benefit will be determined among others by functions of coordination, planning, organization, direction and control at the highest level of the different areas of activity of the company.

The functions of the staff belonging to this group are aimed at the realization of the business or organizational guidelines oriented to the effective utilization of the human and material resources, assuming the responsibility for achieving the planned objectives. Also included are decision making that affect fundamental aspects of the business of the company or organization and the performance of management positions in the various areas of activity and departments.

The staff of this professional group is freely appointed by the company valuing their professional and personal capabilities.

Professional Group 1.

General Criteria: In this group, different assumptions are included, based on the conjugation of the functions with the factors that influence the classification.

The general content of the benefit is defined, among others, by functions that require a high degree of autonomy, professional knowledge and responsibilities that are exercised over one or more departments or sections of the organisation. They are based on very broad guidelines, and they should be given the responsibility of the Directors of the existing areas of activity or departments.

Functions that consist of performing complex and diverse tasks, with defined objectives and with high degree of demand in autonomy and responsibility.

They also include performing complex tasks that may or may not involve command responsibility, and which in any case require high intellectual or human interrelation content. They can develop the coordination of collaborators in their functional or activity scope.

Training: University Titling. Higher degree of VET complemented by extensive professional experience and/or specialist training. Or failing that, with knowledge acquired in the performance of their profession, supplemented by specific training in the job which is equivalent to the relevant qualification.

In any case, the requirements of specific certification for the performance of your profession will be respected, in all positions that are established by legal regulations.

This group includes professional activities similar to those mentioned below and which may result in the application of the "job supplement" that may correspond.

• In general and guidance this group will integrate those qualified technicians who assume a high complexity in solving problems associated with the specialty of their field of action. Its frame of reference is defined by the legal and deontological regulations related to the activity they develop, as well as the policies defined by the organization. Tasks requiring high intellectual content and performing complex tasks without necessarily involving command.

• They can be responsible for projects, centers, programs or services of special relevance and uniqueness with a high degree of decision, autonomy and responsibility. They combine variables of technical, economic, organizational and high impact of their results in the organization.

• In the same way they can develop the coordination of collaborators in their functional scope.

For guidance we can mention the posts of:

Economist, Social Educator, Social Graduate, Psychologist, Social Worker or whatever the denomination in each organization is used whenever the same corresponds to the definition of functions above indicated.

Professional Group 2.

General criteria: they are positions that demand the understanding and mastery of theoretical and practical foundations. The decisions taken and their level of autonomy are related to the application of previously defined systems, guidelines, procedures and working methods.

Functions: consist of performing tasks of medium complexity and characterized by the performance of a set of well-determined operational professional activities, with the ability to use instruments and techniques that mainly concern an execution job, which may be autonomous within the limit of such techniques. These activities are limited to areas of professional expertise.

Training: Higher or middle-grade vocational training, or equivalent academic training, complemented by knowledge gained from proven experience in the workplace and complemented by specific training required to develop the job function.

This group includes professional activities similar to those listed below for guidance and which may result in the application of the "job supplement" that may correspond:

Technical in Social Integration, Technical in Socio-Cultural Animation, Computer programmer, Administration and Finance Technician. Chef titled, Administrative Technician, etc.

Professional Group 3.

General Criteria: The autonomy and complexity are given by the regulatory or procedural framework of the activities and may have operational responsibility for updating, processing, availability and control of the information, documentation, especially in administrative support posts.

Your responsibility is limited by direct and systematic oversight.

Functions: tasks that are consistent with the execution of activity that, even when performed under precise instructions, require adequate professional knowledge and practical skills.

Require knowledge, dexterity, and mastery within your marked specialty in a functional area of activity. They carry out ancillary and support activities or support to other posts or projects, corresponding to standardised and well-defined processes.

Training: Require competence derived from middle-grade, or equivalent, academic and/or professional training, completed with a professional experience or qualification necessary for the development of their function.

This group includes professional activities similar to those mentioned below and which may result in the application of the "job supplement" that may correspond.

For guidance: Program or workshop monitor, Help-to-home help, Social-health care, Family worker, kitchen assistant, maintenance staff, administrative assistant, etc.

Professional Group 4.

General criteria: Typically, auxiliary support posts that follow simple and repetitive concrete routines and instructions.

Functions: tasks that consist of activities carried out following a precise working method, with a high degree of supervision. They require basic professional knowledge and a short period of adaptation.

Training: the basic training required is ESO or equivalent basic vocational training, which can be complemented by specific training in the middle or professional experience.

This group includes professional activities analogous to those referred to below

For guidance: Goal, Ordinance, Concierge, cleaning staff, warehouse and delivery staff, Telefonista.

Both parties express their interest in the specifications laid down by the administrations for the procurement of services and/or activity within the functional scope of this Convention of Action and Intervention Social are especially respectful of the professional and salary classification that are established in the same. They also express their interest in the fact that the requirements of these calls scrupulously respect the terms established for the membership of the professional group and the corresponding salary level, according to the functions to be developed, the training required and other factors established for this purpose in accordance with the provisions of this Collective Agreement.

The labour and wage conditions set out in this Convention shall not be affected by the conditions laid down in those documents.


Days, holidays and permissions

Article 22. Day.

The maximum annual working day, for the duration of this collective agreement, is set at 1,750 hours per year.

This annual day shall be valid for all personnel engaged by the companies or entities in normal cycle services.

Continued cycle means those activities that are developed uninterrupted during the 24 hours of the day 365 days a year.

It is defined as an effective day of work that in which the worker or worker is in a position to develop in a real way the work activity, from the time of entry to the exit of his job.

Effective working hours are also considered those that are dedicated to internal or external coordination, planning, programming, preparation, monitoring, evaluation, reporting or reporting, meetings, purchases, or any other similar or necessary task for the proper development of the work entrusted, provided that they are developed in the workplace or place indicated by the undertaking for this purpose.

For those whose activity is essentially developed in non-fixed or itinerant centers or workplaces, the computation of the ordinary day will start from the place of collection or established meeting, or control center, both at the entry as in the job output.

Whenever the duration of the day exceeds 6 hours, a rest period will be established during the same 15-minute period, which will have the consideration of effective working time for all purposes.

The exceptions to the general system and computation of the assignment and the concreteness of the contemplated working day will be concretized by agreement between the legal representation of the workers and the management of the entity, in particular for those activities or services that require continued cycle.

Companies and entities will be obliged to proceed annually to the publication of the general work calendar which will include working hours, the annual distribution of work days, holidays and breaks. general. Such publication shall be made before 22 December of the preceding year following communication and consultation of the legal representation of workers.

Industry organizations will attempt to establish an hourly flexibility of a minimum of half an hour at entry and exit whenever the service needs allow.

Article 23. Night work.

The hours worked during the period between the twenty-two hours and the six in the morning will have the consideration of night time, not due to the corresponding functional complement of nocturnity in the cases for specific contracts for this type of night work, which shall be governed by the specific conditions agreed with the worker himself, including his remuneration and includes, at least, the compensation collected in the The compensation for this work has been agreed upon for breaks.

You will have the holiday or Sunday character when the night day starts on the eve of the holiday or Sunday.

Article 24. Overtime.

In order to promote a social solidarity policy which favours job creation, the abolition of the usual overtime is agreed and the organisations covered by this Convention are recommended to the extent that they are of their possibilities to replace these hours with new hires or more effective forms of work organization.

the light of the above mentioned employment objective and the international experience in this field, the parties to the Convention consider it positive to point out to their representatives the possibility of compensating for the extraordinary hours which may be exceptional in time for rest rather than their remuneration and which are classified according to the following:

1. Extraordinary hours of force majeure, of a compulsory nature, which are required by the need to prevent or repair claims and other analogues whose failure to produce obvious and serious harm to the organisation itself or to third parties; shall be compensated in the ratio of for each extraordinary hour taken, 1 hour and 20 minutes of rest from Monday to Friday, and for each extraordinary hour held on Saturdays, Sundays and/or holidays, 2 hours of rest.

2. Extraordinary hours of voluntary nature necessary for periods of work or specific circumstances of production and/or service where such periods are unforeseeable or their failure to produce a serious breach of the activity, such as unforeseen absences, project implementation, unexpected shifts of shifts and other similar ones to be offset in the ratio of hourly from Monday to Friday, 1 hour and 20 minutes of rest, and for each hour extraordinary held on Saturdays, Sundays and/or holidays, 2 hours rest.

If performed, they will be compensated for rest periods within 6 months of completion.

Article 25. Weekly rest.

Workers will be entitled to a two-day uninterrupted weekly break.

In cases where the weekly rest cannot be guaranteed to always coincide at the end of the week, it will be ensured that at least it coincides on Saturday and Sunday in alternate weeks and that at least the book of an end will be sought. Full week every two consecutive weekends of work.

The week worked on Saturday and Sunday, the book will comprise two consecutive days of the same week, except that the weekly breaks have been accumulated for periods of time, not being able to exceed in any case those periods are fourteen days.

This general rule will not apply to staff hired for service coverage on holidays and/or weekends.

For the continuous cycle days in which the activity takes place from Monday to Sunday, all staff will be entitled to a continuous weekly rest minimum of 36 hours, which will have to add the twelve hours of rest. between consecutive days. This break will be set in a shift calendar.

Article 26. Holidays.

All workers will have the right to enjoy 23 working days of vacation per year worked or the proportional share corresponding to the time worked. In any event, annual leave shall include in the case of hours those corresponding to the daily working day of the worker or worker for the number of days to which he is entitled.

The annual holiday period may be enjoyed for up to two periods at the choice of the worker or worker, with the possibility of opting for a split in three periods only in the cases where the express authorisation of the worker is granted. the entity, except in the case of entities, projects or services that have an established holiday closure date.

The completion of the holiday date will be done by mutual agreement between the entity or company and the worker or worker, and the entity may exclude as a holiday period the one in which points or higher load of job.

Holiday dates should be known two months in advance at the beginning of the possible enjoyment. For this purpose, staff shall formalise the application for their periods of preference at least three months in advance of the date of commencement of the possible enjoyment.

When the holiday period fixed in the company's holiday calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the contract (a) the work provided for in Article 48 (4) of the Staff Regulations shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit to be granted to him or her corresponded, at the end of the suspension period, even if the calendar year has ended.

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

In any case, all staff will be required to ensure a minimum of 10 working days continued in the summer period from 1 June to 30 September.

Notwithstanding the foregoing in the case of international cooperation while developing its work outside the Spanish territory, the entity and the worker may establish a different enjoyment of mutual agreement of the parties.

Staff who cease during the year will be entitled to the enjoyment of their proportional share of vacation or their economic compensation.

Article 27. Reduction of working hours.

Staff who, by reason of legal guard, have direct care of a person under the age of 12, a person with a status of dependency recognized in severe degree or high dependency, under 18 years of age with severe illness or a person with a physical, mental or sensory disability who does not carry out another paid activity, who need to take care of the direct care of a family member, up to the second degree of consanguinity or affinity for reasons of age, accident or disease cannot be used by itself, parents or guardians in cases of birth of children (a) premature or, for any cause, to remain hospitalized (for the duration of hospitalization), victims of gender-based violence are entitled to a reduction in their daily working day, this reduction may be monthly and be enjoyed in full days as long as the organisational and post-office needs so permit.

The reduction may be extended by an eighth, at least, and half of the duration of the day, at most. The salary will be the subject of a proportional reduction. In the event of a reduction in working time for children under 18 years of age with serious illness, the reduction in working hours may be extended beyond half the duration of the day in accordance with Article 37.5 ET.

If two or more persons generate this right for the same deceased subject, institutions may limit their simultaneous exercise for justified reasons of operation. The time-frame and the determination of the period of enjoyment of the permit for the reduction of the working day, for whatever reason the right of enjoyment of the reduction of the working day is generated, shall correspond to the worker or worker, inside of the various forms of time management in the enterprise.

In order to exercise this right the worker or worker shall be required to provide written notice, except for the cause of force majeure at least 15 days in advance, indicating the date on which the day's reduction shall begin and the conditions of the same as laid down in this Article, the same shall be required 15 days in advance of the date on which it will be reinstated to its ordinary day.

Article 28. Unpaid leave.

Staff with a continuing employment relationship of more than one year may apply, for particular interest, an unpaid leave of a minimum duration of 15 calendar days and a maximum of three consecutive months every two years, provided that no more than 5% of the staff of the institution or 20% of its work team or professional group are simultaneously enjoying this type of permit. The licence application shall be made at least 15 days in advance of the date on which it is intended to be started.

(a) Unpaid leave for hospitalization or serious illness of the spouse, children, daughters or relatives up to the second degree of affinity or consanguinity.

This permit may be requested by that worker, male or female who justifies the hospitalization mentioned.

The worker, man or woman interested must apply as far as possible.

This permission will be at most eight calendar days/year additional to those established as paid leave.

The granting of this permission by the Company's Management will be subject to service needs and approval.

Article 29. Paid leave.

(a) Staff shall be entitled, by appropriate justification, to paid leave for the following times and causes:

1. By reason of their own marriage or in fact pairs, provided that they are registered in the corresponding register, the worker or worker shall be entitled to a licence of 15 calendar days. The worker or worker who is newly married or is in fact a couple in fact, provided that they are registered in the relevant register, in compliance with the conditions laid down, shall be entitled to a new licence equal duration.

2. Three calendar days of which at least two will be labor in the case of birth or adoption of a son or daughter in the same province of residence or one more day if it is more than 200 km.

3. Three calendar days of which at least two shall be working in the event of an accident or serious illness, surgical intervention, hospitalization, surgical intervention without hospitalization requiring home rest or death of relatives until the second degree of consanguinity or affinity. When, for these reasons, the worker or worker needs to move more than 200 km, the permit will be one day longer. In the case of hospitalization, intervention, serious illness or accident, permission will be allowed to be fractioned, to enjoy the same in a discontinuous manner for the duration of this situation and up to eight days after the hospital discharge or ten days. (a) natural or other natural or other natural or other natural or natural resources; These days may be extended by discounting them from the holidays, upon request of the worker and provided that the appropriate organisation and proper functioning of the service so permits.

4. One working day per usual home move.

5. The day of the marriage ceremony of relatives to the second degree of consanguinity or affinity.

6. A business day of own affairs throughout the calendar year.

(b) Staff shall be entitled, by appropriate justification, to be absent from their post for the time required:

1. For the fulfilment of an inexcusable duty of a public and personal nature understood to be the exercise of the right to vote, as well as the membership of a jury or the attendance in judgment where the presence of the worker is indispensable.

2. For the time indispensable for the medical assistance of the worker in the Public Health Services.

3. For the time required, for accompanying medical care in the Public Health Services of children under 8 years of age, which should be justified later on the medical visit of the child.

4. For the time indispensable, for the accompaniment in medical assistance to the Public Health Services up to the first degree of consanguinity or affinity of the family with disability, age, accident or illness that cannot be worth and do not perform paid activity, provided that no reduction of the day has been requested for this same circumstance.

(c) Parents shall be entitled, by appropriate justification, to paid leave for the following times and causes:

(a) For the conduct of prenatal examinations and birth preparation techniques, to be carried out within the working day, for the duration of the tests up to a maximum of 2 hours a day.

b) Up to a maximum of two hours a day to care for premature or newborn children who are required to remain hospitalized after delivery for the duration of hospitalization, provided that no reduction has been requested. For this same circumstance.

c) Up to a maximum of 3 working days, for the submission of assisted reproduction techniques prior medical or clinical justification of the treatment.

For the purposes of this article, the parentage of consanguinity or affinity comprises:

First degree: Spouse, parents, in-laws, children, son-in-law and daughter-in-law.

Second grade: Grandparents, brothers, sisters and grandchildren.

Article 30. Permits for reconciliation of personal, family and work life and for reasons of gender-based violence.

It is the interest of the parties to this convention to show their strong support for the improvement of measures that promote a higher quality of life in the achievement of the reconciliation of work, personal and family life, agree to this Article as follows:

1. Paid leave for maternity.

Maternity Leave will last 16 weeks uninterrupted, extended in two weeks more in the cases of childbirth, adoption or multiple accommodation, single parent families, children or daughters with disabilities or for each child or child from the third/a (inclusive).

In the event of the death of the child or of the child, the period of suspension will not be reduced unless, once the six weeks of compulsory rest are completed, the mother will ask to return to her job. This applies even if the fetus does not meet the conditions established to acquire the personality (birth with life, detached entirely from the maternal breast), provided that it has remained in the maternal breast for at least 180 years. days.

In the case of adoption or acceptance, both pre-adopted and permanent, of children under six or under six years of age in the case of minors with disabilities or because of their personal circumstances and experiences or that, due to foreign origin, have special difficulties of social and family insertion duly accredited by the competent social services, the permit shall be computed at the choice of the employee or employee, either on the basis of the decision the administrative or judicial system of reception, either on the basis of the judicial decision by which the constitutes adoption.

In cases of preterm birth with lack of weight and those in which the neonate or neonate requires, for some clinical condition, hospitalization after delivery, for a period of

a) Less than or equal to seven calendar days: The mother, after notice to the company, may be absent from work entitled to remuneration, as many days as the born or the born is hospitalized with a maximum of four days even, which you can accumulate with the appropriate license for cases of severe illness.

b) Superior to seven calendar days: The mother, prior notice to the company may be absent in as many days as the born or the born is hospitalized, with a maximum of thirteen additional weeks.

In cases of multiple births where the hospitalization periods of each of the neonates coincide, the worker may be absent from her job, with the right to pay and prior notice to the company, so many days how the hospitalization periods for each of the neonates have coincided from the second. This permit may be enjoyed until the children or minors are 12 months old.

The effects of the computation shall be taken into account in the hospital internations initiated during the 30 calendar days following the birth.

All the permissions mentioned in this section can be enjoyed by the other parent.

The enjoyment of this permit may be carried out on a full-time or part-time basis, at the request of the employee under the conditions laid down in law or regulation, taking into account the needs of the employee. service of the entity that grants it.

Within the term of five days from the date of delivery, it shall be accompanied by a birth certificate issued by the family doctor, a photocopy of the inscription in the Family Book, certifying the birth, before the the department of administration or the one that corresponds to the entity that grants it.

c) Distribution and enjoyment in case of delivery when both parents work. The period of leave shall be distributed at the option of the person concerned, provided that six weeks are immediately after delivery. Maternity leave may be taken into account at the request of the mother or, in the event that she is missing, of the father, from the date of discharge in the case of the birth of premature sons or daughters or in which, for whatever reason, they have to remain hospitalized after delivery. Although they are excluded from this calculation, the six weeks immediately after the birth is compulsory for the mother.

However, in the event that both parents work, without prejudice to the six weeks immediately after the compulsory birth of the mother, the rest can be enjoyed by the two parents. by option exercised by the mother at the beginning of the maternity break, in favour of the other parent enjoying a certain and uninterrupted part of the period of rest after the birth, either simultaneously or in succession with that of the mother. The other parent may continue to make use of the period of maternity leave initially transferred, although at the time provided for the incorporation of the mother to the work she is in a situation of temporary incapacity.

d) Distribution and enjoyment in the case of adoption and acceptance, both pre-adopted and permanent for children under six years of age or under six years of age with disabilities or with problems of social inclusion due to the foreign when father and mother work.

In the case of adoption and acceptance, both pre-adopted and permanent, of children under six years of age or under six years of age in the case of minors with disabilities or because of their personal circumstances and experiences or that due to the fact that they have come from abroad, have special difficulties of social and family insertion duly accredited by the competent Social Services, if the father and the mother work, the period of suspension will be distributed to the interested parties, who may enjoy it simultaneously or successively, on a part-time basis or complete, always in uninterrupted periods and with the limits indicated.

In the case of simultaneous enjoyment, the sum of the periods may not exceed the estimated sixteen weeks or those corresponding to multiple adoption or acceptance.

e) Permission for international adoption. In cases of international adoption where the parents/mothers ' previous posting is necessary to the country of origin of the adopted/a, the period of leave may be initiated up to four weeks before the decision on which the parents/mothers are is the adoption. The permit may be divided into two fractions, where it is necessary to take more than one trip to the country of origin of the adopted/a as a result of the adoption process.

2. Unpaid leave for maternity.

1) At the request of the working mother, the 16 weeks of maternity leave may be extended by up to two weeks and reach 18 weeks. These weeks will be considered unpaid leave and will be on behalf of the worker's salary.

2) Unpaid leave in the event of international adoption. This permit may be requested by that worker, male or female, who justifies that he is in an international adoption process where the prior movement of the parents to the country of origin of the adopted person is necessary and provided that the employee meets the one-year-old requirement in the enterprise.

The worker, man or woman interested must apply at least fifteen days in advance.

This permission will be a maximum of 15 calendar days.

The worker, male or female, may in addition, be granted the said permit, request a payment of a monthly payment.

The granting of this permission by the Company's Management will be subject to service needs and approval.

3) Breastfeeding paid leave.

To facilitate natural or artificial breastfeeding, the worker may choose to enjoy the following options:

(a) By a child under nine months of age up to one and a half hours of absence from work, which may be divided into two fractions. This right may be replaced by a reduction in the normal working day by one and a half hours at the beginning or end of the day for the same purpose. This right may be exercised interchangeably by one or the other of the parents.

b) By a child or child of less than twelve months up to an hour of absence from work, which may be divided into two fractions. This right may be replaced by a reduction of the normal working day in one hour at the beginning or end of the day for the same purpose. This right may be exercised interchangeably by one or the other of the parents.

For organizational and reconciliation reasons for family life, the worker or worker may choose to accumulate breastfeeding with a permit of 20 calendar days or 15 working days agreed with the entity that grants it and subject to the organisational needs of the latter. This accumulation may be enjoyed on a full-time or part-time basis, with the option being possible at any time during the period. The leave time for child care or child care less than nine months or twelve months is cumulative with the reduction of the day for legal guardian reasons.

When there are two or more children or daughters under nine months or twelve months the time of leave will be multiplied by the number of children or daughters to take care of.

The permissions referred to in the preceding paragraphs will be granted with full economic rights.

f) Cumulative holidays.

In the case of maternity and/or paternity leave, the holiday period will be allowed after the end of the permit, including, where appropriate, the period of the breastfeeding period, even if the calendar year has expired that such period corresponds.

Maternity and/or paternity that takes place after the start of the holiday period that corresponds to and during your enjoyment will result in the interruption of the same, continuing the enjoyment of the holidays in the immediate dates consecutive to the termination of the maternity and/or paternity leave or, where appropriate, the cumulative period of breastfeeding.

For the purposes of the cumulation provided for in this paragraph, it should be noted that in the cases of the planned date of delivery after 15 September, workers will have had to enjoy at least 10 working days, with the remaining 13 being the remaining 13 days, if any, to accumulate.

4) paternity leave.

In the case of child or daughter birth, adoption or acceptance in accordance with Article 45.1 (d) of the ET, the worker shall be entitled to the suspension of the contract for thirteen uninterrupted calendar days which may be extensible in the field of each organization and at the discretion of the management of the organization, in two more natural days.

The suspension of the contract may be enjoyed on a full-time or part-time basis of a minimum of 50%, prior notice to the company.

The suspension of contract shall be 15 calendar days uninterrupted, when the new birth, adoption or reception occurs in a large family, when the family acquires such a condition with the new birth, adoption or welcoming, or where the child born or adopted or the child has a disability to a degree equal to or greater than 33% or where a person with a disability previously existed in the family, to a degree equal to or greater than 33%.

An identical adoption or acceptance permit, both pre-adopted and permanent, will be granted to be enjoyed by one of the parents/parents, whose computation will be initiated from the administrative or judicial decision of the host or the Judicial resolution of adoption.

Article 31. Permit for officially recognized qualifications examinations.

The worker or worker will be entitled to the benefit of the paid leave needed to attend examinations, as well as a preference to choose work shift, if such is the scheme established in the company, when it is with regular studies to obtain an officially recognised degree.

The worker or worker shall be entitled to the adjustment of the ordinary working day for the assistance to vocational training courses or to the granting of the appropriate training or vocational training permit with reservation of the job.


Exceed and retirements

Article 32. Voluntary leave.

The worker or worker with at least one year's age in the one-year-old company has the right to be recognized as being on a voluntary basis for a period of no less than four months and no longer than five years. This right may be exercised only once by the same worker or worker if four years have elapsed since the end of the previous leave.

Surplus personnel retain only a right of preference for reentry in vacancies of equal or similar category to their own that would have been or were produced in the company.

Article 33. Legal surplus.

Workers and workers shall be entitled to a period of leave of absence of no more than three years in order to take care of the care of each child or child of three years of age, whether by nature or by adoption, or in the case of a reception, whether permanent or pre-adopted, even if they are provisional, from the date of birth or, where appropriate, from the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than three years, workers and workers to care for the care of a relative until the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by yourself, and do not carry out paid activity.

The excess referred to in this paragraph, the period of which may be enjoyed in instalments, constitutes an individual right of workers and workers. However, if two or more persons of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker or worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker or worker shall be entitled to assistance to vocational training courses, the participation of which must be convened or convened by the undertaking, in particular on the occasion of its reinstatement.

During the first year you will be entitled to the reservation of your job.

However, where the worker or worker is part of a family which has officially recognised the status of a large family, the reserve of his/her job shall be extended to a maximum of 15 months in the case of of a large family of a general category, and up to a maximum of 18 months in the case of a special category.

Article 34. Forced leave.

Enforced leave will entitle you to the preservation of the post and to the age of your term, it will be granted by the appointment or election for a public office that makes it impossible for you to attend the job. The re-entry must be requested within the month following the end of the public office.

They may also apply for their transition to the situation of surplus in the enterprise for workers and workers who perform union functions at provincial or higher level for the duration of the exercise of their representative office.

Article 35. Work contract suspension.

You shall be entitled to the suspension of your contract in the cases and under the conditions laid down in Articles 45 to 48 of the Staff Regulations.

Article 36. Retirement.

Those regulations in force regarding the retirement of workers in the sector defined by this Convention shall apply.


Trade union and collective representation rights

Article 37. Of the workers and their representatives.

Within the framework of Articles 7 and 129 of the Spanish Constitution and Article 4 of the Recast Text of the Workers ' Statute, the participation of workers in the Company, as well as the various routes and procedures laid down in this General Convention.

Workers are entitled to the assistance and advice of their representatives in the terms recognized in the Law and in this Convention.

Workers ' representatives shall be understood as representatives of the Company, Staff Delegates and Trade Union Delegates of the Trade Union Section (SSE), who shall have the powers, rights, obligations and guarantees. They have been identified by the Organic Law on Freedom of Association, Workers ' Statute and the General Convention itself.

The works councils, delegates and delegates of staff or trade unions shall have within the framework of the provisions of Articles 64 et seq. of the Staff Regulations and of the provisions of the LOLS, the functions and rights there. recognised, without prejudice to the fact that the following are agreed and developed:

1. To have written information of all the sanctions imposed on your entity by the application of the sanctioning regime, for serious or very serious misconduct.

2. Know at least quarterly statistics, index of absenteeism and their causes, accidents at work, occupational diseases and their consequences, index of claims, periodic or specific studies of the working environment and the prevention mechanisms they use.

3. Surveillance in compliance with the current rules on labor, social security, occupation and also in the rest of the covenants, conditions and uses in force in the company, formulating, if necessary, the relevant legal actions before the same and the competent bodies or courts.

4. Surveillance and control of the conditions of safety and occupational health in the exercise of work in the enterprise, with the particularities provided for in Article 19 of the Workers ' Statute and without prejudice to the competences that the LPRL recognizes specifically to the prevention delegates.

5. It will be available in all the work centers of bulletin boards, of sufficient dimensions and placed in visible places, for the information of the works committee and for each of the trade union sections. Its installation will be carried out by the company, according to the union representation. It will be the responsibility of the trade union representatives to put in the notice boards of those notices and communications to be carried out and to be created pertinent. Communication shall be made available through IT in the terms that are negotiated in each company or entity.

6. The entities shall provide to the works councils, staff delegates, and trade union sections, the premises and material resources deemed necessary for the due performance of their duties, in the terms that are negotiated in each undertaking or entity.

A) Assemblies.

Workers in the same company or workplace have the right to meet in an assembly in accordance with the provisions of Articles 77 et seq. of the TRET. In the event of an agreement with the Company that the assembly takes place in working hours, appropriate measures will also be agreed to ensure that its development does not harm the delivery of the service.

Delegates and delegates of staff, works councils or work centres, or by a number of workers not less than 33% of the workforce, may convene meetings, at least 48 hours in advance, upon written notification to the company, providing the names of persons not belonging to the company who are to attend the assembly. Appropriate measures shall be agreed with the company's management to avoid damage to the normal business of the undertaking.

Article 38. Of trade unions and trade union delegates.

1. The signatory parties, by these stipulations, once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement, through their organizations, rational labor relations, based on in mutual respect and in order to facilitate the resolution of all conflicts and problems that arise from our social dynamics.

Trade unions, especially those with the most representative status, are basic and consumer-friendly elements to deal with the necessary labor relations between workers and entrepreneurs. All without demerit of the privileges conferred by the Law, and developed in the present agreements, to the representatives of the workers.

2. In order to ensure the full exercise of trade union freedom, the provisions of the collective agreements, individual agreements and unilateral decisions of the employer containing or without effect shall be null and void assume any form of discrimination in employment, in working conditions, whether favourable or adverse, by reason of accession or not to a trade union, to their agreements or to the exercise in general of trade union activities.

3. In the case of undertakings or, where appropriate, in employment centres with a staff of more than 100 employees, the trade union sections which may be set up by the workers affiliated to the trade unions which have a presence in the Enterprise Committees be represented by a Trade Union Delegate elected by and among its affiliates in the company or in the workplace, in the form and with the rights and guarantees provided for in the Organic Law 11/1985 of 2 August of Freedom of Association.

The trade union sections which may be constituted, in accordance with the provisions of the statutes of a trade union, without complying with the above requirements, may also be represented by a Trade Union Delegate, who shall fulfil the duties of representing and defending the interests of the union to whom he represents, and of the members of the trade union in the Company and serving as an instrument of communication between its central or union and the Directorate of the respective (a) undertakings, without, in their case, being able to involve the allocation of the rights provided for in the delegates referred to in the previous paragraph, except in the field of enterprise.

4. Staff delegates, members of the Business Committee and trade union delegates belonging to the same trade union, may accumulate the credit of hours legally corresponding to them in a bag of hours to be managed by the same union. union.

It will be the union section that adopts the corresponding internal accumulation agreement, without prejudice to the individual entitlement of the right to credit.

This accumulation will be alternative, not cumulative and incompatible with the regulated in the following article for the members of the Committees and delegates of staff, opting the union in the field of the company, for the exercise of one or other regulation and thus communicating it to the company in the following terms:

In general, the union, through the trade union section, must communicate to the company, at least monthly, the nominal ratio of representatives included in the stock exchange, including all the representatives, whether or not they give in hours, with an indication of the number of hours legally corresponding to each, and those allocated to it for a period, at least quarterly, as a result of the accumulation practised, according to the following criteria: the maximum limit of hours a representative can accumulate will be the equivalent of 50% of their monthly working day, and each representative must maintain a minimum credit of eight hours per month which may not be transferred.

Other different accumulation criteria can be agreed to within the enterprise scope.

The regulation of the Convention will not affect agreements on this subject that are already incorporated in collective agreements or agreements of companies, which will have to be respected in their terms, unless the parties agree to their modification to its expiration.

Article 39. From the Enterprise Committees.

1. They shall have, within the exclusive scope of their own right, the capacity, powers and guarantees that the law and the present General Convention expressly determine at any time, as well as the obligations inherent in the performance of their duties.

2. They shall have the credit of paid monthly hours as determined by the Law. The legal credit of hours of the various members of the Staff Committee and Delegates may be accumulated. The company shall be notified, through its representatives, for quarterly periods, the person or persons in which those hours are to be accumulated, as well as for whom or for whom the accumulation is made.

In the field of enterprise accumulation criteria may be agreed, with the distribution and periodicity to be fixed in each case, by agreement between the representatives of the workers and the management of each company.

3. Without exceeding the legal maximum, the paid hours available to the members of the trade union representation may be consumed in order to provide for the assistance of the training courses organised by their trade unions, institutes of training or other Entities.


Disciplinary regime

Article 40. Reporting principles of the disciplinary regime.

The precepts on disciplinary measures are intended to guarantee normal coexistence and working conditions, as well as the technical management and organization of the entities, preserving the disciplinary powers of the the address of the entities in relation to the template.

In order to apply the penalties provided for in this Convention, in the course of the exercise of disciplinary power, account must be taken of the circumstances of the case in the case, as well as the type of Negligent or intentional, sustained or sporadic conduct, repeat or not of the affected worker or worker concerned.

They are inspired and measured based on:

• degree of intentionality.

• damage to the interests and principles of the organization.

• reiteration or recidivism.

The sanctioning activity must avoid the forms of surprise application of the exercise of disciplinary power, which will be developed in accordance with the principles of equal treatment, proportionality, weighting and equanimity.

Article 41. Graduation of faults.

Any failure committed by the workers and which is constitutive of a guilty contractual breach may be sanctioned by the management of the company, and each fault must be classified as slight, serious or very serious. severe.

A. Minor fouls.

1. The delay, negligence or carelessness excusable in the performance of their duties, as well as the improper use of the premises, materials or documents of the entity (own or in use).

2. Failure to communicate to the superior, in good time, the lack of assistance to work for justified reasons, unless it is proved impossible to do so.

3. Lack of assistance to work, up to 2 days, without cause.

4. The modification, not authorized by the superior or not justified, of the times assigned to each type of work.

5. The accumulation of 3 to 5 faults of punctuality without justified cause in a period of 30 days.

6. Leaving some of the job's own functions in the course of a day.

7. Failure to respect, by negligence, oversight or self-will, safety measures and safety standards for the prevention of occupational risks, where this may result in a slight risk to the health of other workers or users.

8. The lack of implementation of the work carried out in a repeated manner, provided that this does not lead to serious harm to the workers, the persons to whom they are addressed, to the institution itself or to the public authorities with the to collaborate.

9. Improper and improper use of equipment and facilities of the organization for personal or private matters (printers, photocopiers, telephones, Internet, etc.).

10. Lack of grooming and personal cleansing.

B. Serious fouls:

1. Indiscipline or disobedience in any matter of work.

2. The lack of punctuality in the work between 6 and 8 days in the 30-day period.

3. Lack of assistance to work, without cause, up to 4 days within one month.

4. The leaving of some of the job's own functions over the course of two days in the one month period.

5. Commission of up to 3 minor faults, even if they are of a different nature within four months and provided that they have been previously sanctioned.

6. The repeated neglect in dealing with users and/or with colleagues and colleagues.

C. Very serious faults:

1. The violation of the obligation to keep secret with respect to the personal data that is known by reason of the activities that are carried out. As well as the bankruptcy or violation of secret must-reserve that produces serious injury.

2. Leaving some of the job's own functions, as long as there is reiteration and there has been previous admonition.

3. The simulation of illness or accident.

4. The falsehood or concealment of the information transmitted to the superiors regarding the really developed activities.

5. Very serious physical, psychological or moral abuse or abuse of the persons receiving the service or their relatives, colleagues and colleagues, as well as professionals from other entities with whom the intervention is involved.

6. Failure to respect and infringe upon, by negligence, carelessness or self-will, measures and safety standards for the prevention of occupational risks, where this may result in a serious risk to the health of other workers or workers; persons receiving the service.

7. The appropriation of material, documentary, economic, etc., of the target persons, of the entity or of other workers.

8. Fraud, disloyalty and breach of trust, as well as any constitutive conduct of criminal wrongdoing.

9. Lack of assistance to work, without justified cause, of more than four days within one month.

10. Indiscipline or repeated disobedience in any matter of work, without the need for prior sanction.

11. Sexual harassment defined in Penal Code.

12. Workplace harassment.

13. The recurrence of serious, or very serious, faults, even if they are of a different nature, within a period of one year, when they have been subject to sanctions.

14. Serious violation of the code of ethics and conduct established by the organization.

15. Failure to comply with the security plans established by the organization in the country in which it is working by compromising its personal security and that of the other members of the organization or the organization itself.

16. Bullying by homophobia-biphobia-transphobia.

D. Penalties:

The penalties that may be imposed according to the rating of the faults shall be as follows:

1. For minor fouls:

• Verbal assembly.

• A written statement.

2. For serious faults:

• Written assembly.

• Suspension of employment and pay from 3 to 14 days.

3. For very serious faults:

• Suspension of employment and pay from 15 to 30 days.

• Disablement, no longer than one year, for promotion to the top group.

• Despid.

Article 42. Prescription.

Minor faults will be prescribed at 10 days, the serious ones at twenty days and the very serious ones at 60 days from the date on which the Company has knowledge of its commission and, in any case, six months after the committed.

Serious and very serious penalties will be communicated in writing to the person concerned in writing for their knowledge and effects. The company will notify and request the collaboration of the company committee or staff delegates, for the best clarification of the facts, and the union section if the company has a strong communication of its affiliation or if it will request it affected.

For the imposition of penalties for a very serious lack of information, the instruction of the information disciplinary file will be mandatory.

This file will be opened with prior knowledge of the infringement, referring to the interested statement of objections with succinct exposure of the facts. This file shall be transferred and shall request the collaboration of the business committee or delegates and delegates of staff, and the trade union section if the undertaking has a strong communication of its affiliation or if it is requested by the company concerned or affected, so that, both parties and within seven days, they can express to the company what they consider appropriate for the clarification of the facts.

In the case of very serious misconduct, the company may impose the suspension of employment in a precautionary manner, and the limitation period for the infringement shall be suspended for the duration of the file provided that the duration of the offence, as a whole, is not exceed the three-month period, starting from the opening of the statement of objections, without the fault of the expedited worker or worker.

After the seven-day period, and even if the committee, the delegates and delegates, the trade union section or the worker and the worker have not used the right granted to them to make allegations, the worker or worker the sanction, if any, which is deemed appropriate, according to the seriousness of the fault and the provisions of this agreement.

It is absolutely essential to deal with a contradictory file for the imposition of serious and very serious sanctions, in the case of members of the business committee, delegates and delegates of staff or delegates, or trade union delegates, whether they are active in their trade union positions or whether they are still in the regulatory period for guarantees.

Failure to comply with any of the procedures of this article by the company must leave the effectiveness of the sanction null and void, as well as the rating of the sanction.



Article 43. Sectoral training commission.

A. General principles.

In accordance with Article 23 of the Workers ' Statute, and in order to facilitate their vocational training and promotion, those affected by this Convention shall be entitled to see the implementation of studies for the production of officially recognised academic or professional qualifications, the completion of vocational training courses organised by the company itself, trade unions or other bodies, provided that such training has direct relationship to the scope of action covered by this Convention.

The company and the representation of workers recognize as a right derived from the employment relationship that of training and promotion at work, saving in any case the needs of organization and good operation of the company.

The training and training of those who provide their services in the company, center or entity, and in accordance with the needs of the company, is open, without discrimination of any kind and with the only limitations that may come of the expected knowledge to be individually accredited.

Training is a basic factor in increasing the motivation and integration of workers, creating a valid mechanism for articulating the promotion and as a process of improvement in the quality of services. As a result, training must be brought to the fore in the concern of the company, which is why the company is committed to linking training to the various career processes of staff and promotion.

Training actions that are classified by management as retraining or retraining, will be of compulsory assistance for those who will be targeted and will be carried out preferably within the working day.

Professional training in the company, center or entity will be oriented towards the following objectives:

Favor training throughout the lives of workers, improving their professional training and personal development.

Provide workers with retraining, updating or new acquisition of knowledge and practices appropriate to the professional skills required in their job, in the labour market and in the labour market. the needs of undertakings related to the scope of this Convention.

Contribute to improving the productivity and competitiveness of companies related to the scope of this agreement.

Improve the employability of workers by specializing in their varying degrees, especially those with greater difficulties in maintaining employment or job insertion.

Promote that professional skills acquired by workers through both (formal and non-formal) learning processes, as well as work experience, are subject to accreditation.

Facilitate and promote the acquisition by the workers of academic and professional titles, related to the scope of the present agreement, as well as the extension of the knowledge that allows them aim for professional promotions.

Know the working conditions of your job in avoidance of occupational risks.

Any other objective that benefits the effective attention of users and users, the worker or the worker and the dynamics of the company, center or entity.

In the event that the worker or worker carries out a professional specialization with the company to implement certain projects or to carry out a specific job, a minimum period of remain in it by means of an individual and written agreement, which will be brought to the attention of the RLT, so that it can be ensured that proportionality criteria and sufficient guarantees and proportional redress are safeguarded in the Case of non-compliance for all parties.

B. Development of training.

the training needs of the training sector will be determined by the sectoral training commission, on the basis of which a training plan will be drawn up annually for the training of enterprises. within nine months of the entry into force of this Convention.

Training, when determined as mandatory, will preferably be given in working hours. In the event that it cannot be in working time, it will be understood that the time spent on training, computes as work effectively done.

In accordance with Article 23 of the Workers ' Statute and in order to facilitate vocational training and promotion at work, workers affected by this Convention shall be entitled to the right to adaptation of the ordinary working day for the attendance of vocational training or training courses with a job reserve.

C. Individual training permissions.

The workers affected by this Convention may apply for individual training permits in the terms agreed upon in the Fourth National Continuing Training Agreement and under the vocational training subsystem for the employment regulated by Royal Decree 395/2007 of 23 March 2007 (BOE No. 87, of 11 April) and by the different provisions that develop it.

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

The training actions, approved by the sectoral training commission, for which training permits may be requested should:

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

b) Be directed to the development or adaptation of the technical-professional qualities of the worker and his/her personal training.

c) Be recognized by an official qualification or accreditation.

(d) training actions which do not correspond to the training of the person concerned are excluded from the training permit. However, the in-person part of the training actions carried out by means of distance learning shall be permitted.

D. Cost of training.

In order to complete the training plans drawn up by the sectoral training commission of the Convention, which are developed under the Fourth National Training Agreement, the companies, centres or entities affected by the This collective agreement shall be in accordance with the training plan to be organised, requested and co-managed in the framework of such agreements.

E. Certificate of assistance.

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

F. Selection criteria in course attendance.

There will be a preference in attendance at courses for unskilled workers, SME workers, women and men over the age of 45 as indicated in regulatory regulations, as well as those who have (i) the participation of the European Union in the field of education and training in the field of education and training in the field of education and training in the field of education and training. company, centre or entity, without prejudice to the prior consultation and information to the RLT of the shares training and the organisation of training, as well as selection and access. The condition of temporary staff shall be assessed, if appropriate, as a preference.


Safety and health care

Article 44. General principles.

The institutions and staff of the entity shall comply with the provisions on Safety and Health at Work contained in Law 31/1995 of 8 November on the Prevention of Occupational Risks and the regulations that develop it.

To do this, they must be appointed to the prevention and health and safety committees in the areas in which the law establishes. The appointment, appointment, functions and guarantees of those persons delegated shall be as provided for in the legislation in force.

The credit schedule of persons delegated for prevention shall be the one corresponding to the employees ' representatives in this specific matter, in accordance with the provisions of Article 68 (e) of the E. T and Article 37 of the LPRL.

Article 45. Prevention services.

Entities must have their own or other prevention service, in accordance with the provisions of Article 10 of the Prevention Services Regulation.

Your fundamental role will be to design and implement the prevention plan, which will include at least:

Assessment of risk factors that may affect the health and integrity of workers.

Determining priorities in adopting appropriate preventive measures and monitoring their effectiveness.

Information and training of workers on the prevention of risks and health protection in the workplace.

Ensure the correct delivery of first aid and emergency plans.

Health surveillance of risks arising from work.

Article 46. Health surveillance.

The organization will guarantee workers and workers the periodic monitoring of their health status through the corresponding medical examinations, according to the risks inherent in the work, with the basic protocols established by the preventive services.

This surveillance can only be carried out when the worker or worker gives consent. This voluntary nature shall only be exempted, after reporting to the RLT, the cases in which the conduct of the surveys is essential for assessing the effects of working conditions on the health of workers and workers or to verify whether the health status of the workers may constitute a danger to the same, to other workers or to other persons related to the organization or when it is established in a legal provision in relationship to the protection of specific risks and activities of particular hazard.

Article 47. Protection of personnel particularly sensitive to certain risks.

The company will specifically guarantee the protection of workers who, by their own personal characteristics or known biological status, including those who have the status of physical, mental or sensory disabilities are particularly sensitive to the risks arising from work. To this end, it shall take into account those aspects in risk assessments and, in the light of these risks, shall take the necessary preventive and protective measures.

Workers will not be employed or employed in those jobs where, because of their personal characteristics, biological status or their physical, mental or sensory disability properly recognized, could endanger or cause harm to themselves, to other workers or to other persons related to the organization.

Article 48. Information and training in occupational health.

In compliance with the duty of protection and in accordance with Articles 18 and 19 of the LPRL, the organisation must ensure that every worker and worker receives theoretical and practical information and training, sufficient and adequate, in preventive matter, both at the time of its recruitment, whatever the modality or duration of the contract, or when changes in the functions performed or new technologies or changes in the work equipment are introduced.

Article 49. Safety and occupational health.

In compliance with the duty of protection, the Company will guarantee the safety and health of the staff at its service in all aspects related to the work and, if necessary, will deliver prior to the workers the protocol of action to avoid occupational risks and psychosocial risks.

The institutions and staff of the entity will comply with the provisions on Safety and Health at Work contained in Law 31/1995 of 8 November, Prevention of Occupational Risks and the regulations that develop it. To this end, the prevention delegates and the safety and health committees shall be appointed in the areas in which the law establishes. With respect to the designation, appointment, functions and guarantees of the Prevention Delegates, this will be provided for in the legislation in force.

Article 50. Staff participation in PRL.

A. Prevention Delegates:

The Delegates of Prevention are, on the one hand, the basis on which the participation of the staff in everything related to the Health Work in the field of the company is structured and, from another, the specialized figure of representation in the field of Occupational Risk Prevention.

The appointment, powers and powers of the Prevention Delegates shall be as defined in Articles 35 and 36 of the Law on the Prevention of Labor Risks, as well as those arising from the decisions of the Central Committee of Security and Health and those to be agreed in the Committee's own Rules of Procedure, and any worker or worker may be appointed as a Delegate of Prevention, who may be considered by the legal representation of the staff of the Center.

In any case, the time spent on training in this subject will be considered as working time for all purposes and its cost will not be the case for the Prevention Delegates.

The employer must provide the Prevention Delegates with access to the information and training in preventive matters that are necessary for the exercise of their functions. Their powers and powers shall be as set out in Article 36 of the Law on the Prevention of Occupational Risks.

To the Delegates of Prevention, the provisions of Article 37 of the Law 31/1995, of Prevention of Labor Risks, and of Article 65.2 of the Staff Regulations, will apply to the Delegates of Prevention, being subject to the professional secrecy of the information to which they have access as a result of their work in the company.

B. Committee on Safety and Health:

It is the joint and collegiate body of representation and periodic participation on actions of the workplace in the field of the Prevention of Occupational Risks.

Their competencies and powers will be those set out in article 39 of the Law on the Prevention of Labor Risks. The Committee on Safety and Health shall meet at least quarterly on an ordinary basis and on an extraordinary basis whenever requested by any of the representations therein, justifying the urgent need for the meeting.



Article 51. Remuneration structure.

The remuneration structure of this agreement consists of:

A) Base salary.

B) Pay supplements.

C) Other compensatory perceptions.

D) Extraordinary pay.

All the remuneration referred to in this Chapter has an annual gross compensation character.

All remuneration, for workers who are less than full-time working hours, shall be proportional to those laid down for a worker or worker of the same professional group who provides services on time complete.

The whole of the economic perceptions of workers, in money or in kind, by the professional provision of the employment services for others, will be considered to pay for the effective work, any that is the form of remuneration, or the periods of rest you can use as work.

In no case will the salary in kind exceed 30 per 100 of the worker's wage perceptions.

They will not have the consideration of salary the amounts received by the worker or worker in respect of the compensation or the expenses incurred as a result of their work, the benefits and compensation for social security and compensation for transfers, suspensions or redundancies. To this effect, the cooperating personnel will be understood to be included in this concept of supply, as a result of their work activity as provided in the article of Royal Decree 519/2006 of 28 April which regulates the Statute of the Cooperants in their integrity.

Therefore, the salary concepts, as set out in this collective agreement, will be as follows:

A) Base salary.

This is the part of the remuneration guaranteed to the worker or worker, having exclusively a unit of time in a way that encompasses the economic consideration for the services provided by the workers during his/her working day, regardless of the additions that may be appropriate for the performance of a specific job.

It will be collected in 14 pages (12 monthly and 2 extra pages), as stipulated for each professional group in the annual gross wage table that is included in Annex I.

The two extraordinary payments per year will be on a half-yearly basis, which will be paid in the months of June and December in proportion to the time worked. The amount of such payments shall cover only the base salary and the personal allowances that the worker may receive.

However, by agreement with the legal representation of the workers, the payment can be agreed on twelve pages.

B) Pay supplements.

They are the amounts that, if any, are to be added to the base salary, based on circumstances other than the time unit and may be:

1. Personal:

1.1 Complement "ad personam": It is the complement that the workers perceive, according to the provisions of Article 9, "Application of the best conditions", in order to collect the conditions more beneficial of a personal or collective nature which they may be enjoying at the time of application of this Convention and which exceed what is collected therein.

This add-on will not be compensable, or absorbable.

Those companies or entities to which this collective agreement requires guarantee all staff the salary tables in Annex I and adjust their salary receipts to those tables and will compute the surplus if there is a box separately under the concept of "Ad personam warranty supplement".

1.2 Personal Salary Supplement: This is a salary supplement of a personal nature that will collect those amounts that, responding to situations of special consideration other than those for which the salary is perceived (a) the basis for the receipt of workers or workers on top of the salary determined in each professional group in the wage table included in this convention in Annex I.

2. From the job: Job supplements are those of a functional nature that give back the characteristics of the job or the way in which the work is carried out. The perception of these supplements depends exclusively on the exercise of the professional activity in the workplace, and therefore they are not consolidated in terms of their perception once the circumstances of the work are no longer present. originated.

According to the above we can distinguish:

2.1 Nocturnity Complement. Night work is considered to be performed between 10 p.m. and 6 a.m..

Workers who provide their services on this schedule shall be assigned an additional period of time, unless their salary has been established on the basis that their work is at night and includes at least the compensation collection in this article.

At the choice of the worker, it may be compensated economically or in equivalent rest time.

The supplement to the Community will only apply to those workers who provide their services at this time, and in the case of economic compensation, this will be 25% of their basic salary, proportionally to the time effectively worked on that schedule.

2.2 Shift-to-shift work. It is considered work in shifts all forms of organization of work according to which the provision of the services of the same job is carried out in a successive way, according to a certain continuous or discontinuous rhythm and in days and/or different hours for a given period of days or weeks.

Workers subject to shifts will be given a turn-over supplement unless their salary has been established on the basis that their work is originally in turn and includes at least the compensation collected in this case. Article or compensation for this work has been agreed upon for breaks.

In any case this supplement will accrue to a minimum of 15% of the daily wage of the worker in ordinary day and proportionally to the time effectively worked in shifts.

Shift work must be communicated at least one month in advance to the workers concerned, prior to the start of the work.

2.3 Responsibility, Coordination and Project Complement:

A. The salary supplement: It is the one that gives back certain specific functions and/or activity that requires special dedication, responsibility and/or leadership and that will be paid for the duration of the realization of the same.

Workers or workers who exercise responsibilities or positions of responsibility of a functional nature in departments, services areas, units or centers assigned and/or managed by the entity shall be perceived.

The annual gross liability supplement is fixed according to the following table attached.


Annual Gross Amount

C. Responsibility










B. Coordination Wage Supplement: This supplement pays for the functions resulting from the coordination of a working team of at least three persons, as well as being in charge of the different resources required for the achievement of the specific results assigned to a program, unit, center, department, etc.

For the coordination complement, a minimum amount of 500 euros and a maximum of 2,000 gross euros a year is established based on the number of members and difficulty of coordinating the work team according to the following table:


Annual Gross Amount

C. Coordination



work equipment (3 people).


work team 1 (4 to 5 people).


work team 2 (6 to 8 people).


Task Team more than 8 people.


C. Project Wage Add-In: For the purposes of this complement, any activity that we can divide into tasks that are not cyclical, that can be characterized with precision, interlinked and coordinated with each other, is understood by project. perform in order to produce certain goods and services capable of meeting needs or solving problems, and time limitation in the execution of the same.

In any event, the general parameters defined above shall be understood as a project of participation in any activity that is developed for a third party other than the entity, by any formula of contractual relationship provided for in the legislation, provided that the contract is not the main activity or the entity normally develops.

Annual gross amounts will be applied according to the following table:


Annual Gross Amount

C. project












D. Incompatibility of the Complements of Responsibility, Coordination and Project. When in a worker or a worker there is more than one additional responsibility, only the one corresponding to the highest function plus will be received.

3. Quantity or quality of work: These supplements are not consolidable and will only be collected as long as the worker or worker effectively develops the activity and/or circumstance that entitles them.

3.1 Add-on to Guard and/or Expectation. It is understood by guard or expectation the fact that the worker is located at all times during a period previously established for the incorporation into the work activity, outside his usual working day in a maximum time of 3 hours, in order to perform tasks or tasks that are required as a matter of urgency.

The entities shall designate the services and/or posts which shall be capable of applying the guard and shall organise, where appropriate, the workers for their conduct in shifts and specified periods of time guard or expectation, for determined periods of time and organizing the service so that the status of the guard as a general rule does not exceed 25% of the agreed annual day.

Acceptance of the guard or expectation regime will be voluntary for the worker. However, if the number of persons accepting the service is lower than the required number, the management of the entity and the legal representation of the workers, if any, shall agree the applicable solution, and may determine the obligation of the service.

The regime of guard or expectation shall be in any case of free choice for workers over 55 years of age, those who are in the state of pregnancy or those with children under the age of 12.

The guard or expectation calendar must be communicated to the workers at least one week in advance before the effective start of the same.

When the worker performs his or her activity as a guard or an expectation, they shall receive an economic compensation equivalent to at least 10% of the basic salary of the professional group to which he belongs.

For the computation of the working day of the workers subject to this regime will be distinguished between effective working time and time available

Effective working time shall be deemed to be the case in which the worker is in the exercise of his or her activity by performing the duties of his or her professional group.

A worker shall be deemed to be at the disposal of the worker outside his usual day and place of work at the employer's disposal without providing 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 laid down for overtime in Article 35 shall apply to the effective working time.

Workers will not be able to perform an in-person daily working day longer than 12 hours, including, in their chaos, overtime.

If, as a result of the guard or expectation regime, effective working time is activated for the worker, the worker will be compensated by 1 hour and 15 minutes of rest for each hour spent outside the day. ordinary. This break may be cumulable and enjoyed during the holiday period.

3.2 Full dedication. It is understood by full dedication that the work regime freely accepted by the worker is committed to the realization of the working time that is necessary for the best performance of the functions that has been awarded possible long-term extensions.

Workers assigned to this work scheme shall receive an annual gross amount equivalent to at least 10% of the annual gross salary corresponding to them by the professional group to which they are assigned.

The complement called Full Dedication compensates and satisfies the eventual extensions of the day that as a consequence of the responsibilities acquired in the labor activity of the worker/could be produced in a way exceptional. The perception of this supplement shall not entail any change in the rights and obligations referred to in the work regime except as regards the absence of compensation for overtime.

This supplement is freely accepted by the worker without implying that over the course of time it can consolidate acquired rights as to their perception in case of no longer performing the full dedication.

3.3 Complement of Professional Experience. In general, it is established that all workers falling within the scope of this Convention, with the exception of those in Group 0, with a professional experience of three years in the undertaking or entity, shall receive the annual amounts collected in the following table:


Annual Gross Amount

C. Professional Experience













This supplement will be consolidated and will be revalorizable within the workers 'and workers' salaries, and this right will be generated only once in the working life of the worker.

Without prejudice to the amounts indicated above, in the negotiations under this agreement, this supplement will be developed, taking into account the internal organization of the entities and recognizing professional development. of workers derived from the trajectory and professional performance and the knowledge acquired and/or transferred, in different periods of time. For the assessment of professional experience and development, the following criteria shall be taken into account:

Experience in the developed position and/or function.

Level of training and technical aptitude acquired.

Degree of craft in the developed technical function.

C) Other compensatory perceptions.

1. Supplement for work on Saturdays, Sundays and holidays:

Those who perform their working day on Saturdays, Sundays and/or holidays, will receive a supplement for each hour worked equivalent to 25 per 100 of the price of the ordinary hour, calculated on the base salary of the category which effectively develops.

Those workers who receive the complement of turnicits will receive, in case of work on Saturdays, Sundays and/or public holidays they will receive a supplement for each hour worked equivalent to 10 per 100 of the price of the hour ordinary, calculated on the base salary of the category that effectively develops.

Those workers hired exclusively to work Saturdays, Sundays and/or holidays will receive a supplement of 15 per 100 calculated on the base salary of the group that effectively develops.

These add-ons may be offset in equivalent rest time on full days whose enjoyment dates will be established by common agreement with the worker

2. Special-significance holiday add-ons:

For their special meaning, the staff who provide their services during the Christmas and New Year days, from the beginning of the night shift from 24 to 25 December until the end of the afternoon shift from day 25, and from the The beginning of the night shift from 31 December to 1 January and until the end of the afternoon shift on 1 January, you will receive part of the supplement for each hour worked equivalent to 25 per 100 of the price of the ordinary hour, a break equivalent of two hours for each hour worked.

Article 52. Collection during the IT period.

In cases of temporary incapacity for occupational disease or accident, the provision arising from these contingencies shall be supplemented from the first day of sickness or accident to 100% of the base applicable.

In the case of temporary incapacity for common illness, the provision arising from this contingency shall be supplemented from the first day of common illness to 100% of the common contingency base of the month. prior to the causative event.

However, in the event that the temporary incapacity for a common disease reaches 10% of the total workforce of the workforce in each work centre, the complement of the workers in this work centre for this benefit may be reduced to 80% of the common contingency base of the previous month from the first day of illness to those workers with casualties of less than 15 days.

The application of these supplements will only occur if the situation of temporary incapacity with the corresponding part of the medical discharge or accident and the successive parts of the accident has been duly justified. confirmation.


Social measures

Article 53. Workwear.

When the company decides that its personnel are in uniform, according to their duties, it will be obliged to provide at least two uniforms, including a coat of clothing (provided that they are obliged to leave in uniform (a), and the pairs of footwear which are necessary for the year, approved in accordance with the legislation in force, the necessary working gloves, as well as disposable material and personal protective means of a prescriptive nature, appropriate to the personnel for the exercise of their duties. The staff will be obliged to wear the clothing provided by the company, as well as their care, during the performance of their work.

Article 54. Maintenance and accommodation.

The staff who attend the dining and kitchen services will have the right to maintain the days spent in their work and match the schedule of meals with their daily work. The internal staff shall be entitled to maintenance and accommodation.

Article 55. General principles for addictions and drug dependency.

The use of legal and illegal drugs involves health problems with individual and collective repercussions. The onset or increase of the consumption of drugs in the workplace is in many cases determined by conditions of unemployment, precariousness or poor working conditions. It is therefore considered appropriate to include in this agreement, with the exception of the question of tobacco consumption for what will be provided for in the specific legal regulations, the following comprehensive plan of proposals, in its part preventive, care, reinsertion, participatory, non-sanctioning, voluntary and planned:

Preventative. -Educational, informative and formative measures will be prioritized that motivate the reduction and inappropriate use of drugs and promote healthy habits. The modification of risk factors and the improvement of working conditions will also be enhanced.

Care. -Access to the treatment programs of the entities in the sector will be provided to those personnel who request it.

Reinsertion. -The fundamental objective of all action is to return the health to the subject and facilitate the reinstatement of the staff to their job.

Participative. -Any initiative or business program of a collective character related to drug-dependencies will be consulted, with prior character, to the legal representation of the workers if they have it or in its absence report to the template.

Non-sanctioning. -Personnel who engage in a treatment program will not be subject to sanction or dismissal for this cause or for actions arising from it and will be assured of their immediate reinstatement to their post of job if required.

These principles will be developed in the field of each entity along with the legal representation of the workers if there is one.

Article 56. Emergency measures.

According to article 20 of the Law 31/1995, of the prevention of occupational risks, the employer, taking into account the size and the activity of the company, as well as the presence of the people attended will have to analyze the possible emergency situations and take the necessary measures in the field of first aid, fire fighting and the evacuation of workers, by designating the staff responsible for implementing the measures and checking the periodically, where appropriate, its proper functioning. The staff must have the necessary training, be sufficient in number and have the appropriate material, depending on the circumstances outlined above.

For the implementation of the measures taken, the employer must organize the necessary relationships with external services to the company, in particular in the field of first aid, emergency medical assistance, rescue and fire-fighting, in such a way as to ensure the speed and effectiveness of fires.

Article 57. Environmental management and protection.

The parties to this Collective Agreement consider it necessary for companies in the sector to act in a responsible and environmentally friendly manner, paying attention to their defense and protection.

The defense of health in the workplace cannot be effective, if at the same time it is not assumed own responsibility in relation to the management of the environmental impact of the work activities and does not cover the defence of the environment. Therefore, the conditions under which the work is carried out must be assessed and prevented, and the impact of the work on the work will also be carried out.

This responsibility requires companies to establish and implement policies, objectives and programmes in the field of the environment and efficient environmental management systems, and a policy should be adopted in this area. a sense of compliance with all relevant regulatory requirements, as well as the responsibilities arising from business action in the field of the environment.

Article 58. General clause of non-discrimination.

Any discrimination on the basis of race, sex, sexual choice, religion, ethnicity, political or trade union, or age, in terms of wages is prohibited and the different remuneration of the staff employed equal to equal employment is prohibited. in the same organisation for any of these issues.

Both women and men will enjoy equal opportunities in terms of employment, training, promotion and development in their work.

Women and men will receive equal pay for equal work; likewise, they will be guaranteed equality in terms of their employment conditions in any other sense of the same.

The appropriate measures will be taken to ensure that employment, working practices, the organisation of work and working conditions are oriented in such a way that they are appropriate for both women and men. men.

The signatories also undertake to work from the Joint Commission on the implementation of Good Practices on Equal Opportunities for Men and Women in Organizations in the Field of Intervention Social according to the contents referred to in the framework of:

a) The Organic Law 3/2007, of March 22, for the effective equality of women and men.

(b) The Joint Declaration adopted at the Summit on Social Dialogue held in Florence on 21 October 1995, in which the agreements contained in the document entitled: " Joint Declaration on the prevention of racial discrimination and xenophobia and the promotion of equal treatment in the workplace ".

(c) The comments, proposals and general application criteria reflecting Directive 2002 /73/EC adopted by Parliament and the European Commission amending Directive 76 /207/EEC.

Article 59. Maternity protection.

If, after carrying out the risk assessment by the company and the safety and health committee, there are jobs that may have a negative impact on the health of the worker, during pregnancy or breastfeeding, or the employer must take the necessary measures to avoid the exposure of the worker to such a risk. Where adaptation is not possible, or in spite of such adaptation, the working conditions may have a negative impact on the health of the pregnant working woman or the foetus, the latter must have a job or function different and compatible with their status.

In the event that the change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons, it may be declared that the worker concerned will be affected by the situation of suspension of the (a) contract for the duration of the pregnancy, in accordance with the provisions of Article 45.1 (d) of the Staff Regulations, for the period necessary for the protection of their safety or health and for the duration of the reenter your previous position or another position that is compatible with your status.

Pregnant workers will be entitled to be absent from work, entitled to remuneration, for the conduct of prenatal examinations and birth preparation techniques, prior notice to the employer and justification of the need of their realization within the working day.

Article 60. Protection of victims of gender-based violence.

According to the provisions of Organic Law 1/2004 of 28 December, comprehensive protection measures against gender-based violence are established as follows:

a) Reduction of your working day: The worker who is the victim of gender-based violence to make effective her protection or her right to comprehensive social assistance, will be entitled to a reduction in her working day with a proportional reduction in their remuneration under the conditions set out in Article 27 (reduction of working time) of this Convention, with the exception of the advance notice which, where appropriate, and taking into account the inherent risks, in this case will be two days.

b) Permission for gender-based violence on the working woman: The lack of assistance to the work of female victims of gender-based violence, in whole or in part, will be considered justified by time and under the conditions under which the social services of health care or health services as appropriate shall be determined.

(c) Change of work: The worker who is the victim of gender-based violence, thereby determining the corresponding judicial body, social and/or health services, may, taking into account her particular situation, request a change of job. The job at which you choose will preferably be from the same level and professional group.

You will be able to reorder your workday within the various forms of time management in your company.

d) Temporary suspension of the employment contract: The worker who is the victim of gender-based violence can decide to temporarily abandon her job, forced as a result of being a victim of gender-based violence. The duration of this suspension period may not exceed, initially, 6 months. Except for the effectiveness of the right of protection of the victim, the continuity of the suspension shall be necessary for the actions of judicial protection. In this case, the judge may extend the suspension for periods of three months, with a maximum of 18 months. During this period you will be entitled to the job booking.

e) Extinction of the contract: The worker victim of gender-based violence will be able to terminate her contract.

f) Unpaid leave: The female victim of gender-based violence may apply for unpaid leave depending on the personal circumstances.

(g) Preferential advance: A worker who is a victim of gender-based violence may have access to an advance on a payroll or a preferential loan in order to meet the costs arising from her situation, so that she may request a report from competent social services to credit this need and assess the amounts assumed by the worker to reinstate this amount.

Article 61. Equal opportunities and non-discrimination.

In the organisations of the sector, equal opportunities for women and men has been a basic element of the management of human resources and is one of the fundamental principles governing human resources. organizations

Industry organizations, even if they do not reach the figure of 250 workers, will promote the implementation of an equal enterprise plan. The pillars of this equality policy in the field of industrial relations will be as follows:

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

• Balance the number of women and men who make up the company's workforce.

• Facilitate the stability and permanence of women at work, as well as diminish the bias of their contracts.

• Facilitating the incorporation and permanence of women into work through initial selection and training procedures.

• Balance female or male presence in those places or categories where there is less representativeness.

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

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

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

• Reconcile the organisation of working time for staff with positions of responsibility, by adopting measures that support personal, family and work life.

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

• Elaboration of a protocol for the prevention and treatment of sexual harassment, by reason of sex and moral harassment or mobbing.

• Use of positive actions, consistent with granting the job, on an equal footing, to the candidate whose gender is under-represented in the job to be covered.

• Plan training courses to disseminate equality policies and gender perspective in the work of organizations.

The plan according to Law 3/2007 will have to be carried out with a working methodology and in certain phases:

1. Phase: Analysis. The company will provide the information requested by the Commission of work created for the implementation of the plan, and the information provided will be analysed in order to be able to have a composition of place concerning the situation which has to be the subject of study.

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

3. Phase: Definition of measures to be taken. The measures to be taken in the various subjects that need to be developed in this plan will be defined.

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

5. Phase: Monitoring and evaluation. The Equality Commission will be set up whose task will be to review the gender balance in the enterprise on a regular basis, as well as equal opportunities for men and women, to ensure the implementation of the measures and to analyse which have been carried out. term; all of this in order to evaluate its outcome and propose new actions. It will also carry out the harassment complaint procedure.

The Equality Commission at its first meeting should be provided with a functioning regulation including the names of the persons who constitute it, whom they represent and their percentage of representativeness as a result of union elections, as well as the frequency of meetings.

It will not be counted within the legally established hours credit, the time spent to develop this work and achieve effective equality between women and men in the company.

the minutes of the meetings shall be drawn up, which shall include, inter alia, the topics covered, the agreements reached, the documents submitted and the date of the next meeting. In the event of disagreement, the final positions of each party shall be stated in the same.

Article 62. Role of the Joint Committee (CPIVC) of the equality agreement.

In order to promote, interpret, implement and correctly implement law 3/2007, for the effective equality of women and men that had its entry into force on 24 March 2007, the Joint Commission (CPIVC) of the Convention will have the following functions in the field of equality, which may be delegated to a specific commission if any:

Obtaining, by means of surveys or other means to be agreed, of sectoral annual information of the measures implemented in the different companies and the templates, broken down by professional categories and gender.

Advising companies to apply for equality rights and obligations, as well as on the implementation of plans.

Mediation and, where appropriate, arbitration, in those cases which are voluntarily and jointly submitted to it by the parties concerned and which deal with the application or interpretation of the Equality Plans.

Gather information from companies about the incidents and difficulties that the implementation of the Equality Act can generate.

Article 63. Anti-harassment prevention protocol.

In compliance with Article 48 of Organic Law 3/2007 of March 22, for the effective equality of women and men, the signatory parties agree on the following model of protocol.

The objective of the protocol is to define the guidelines that will allow us to identify a situation of moral, sexual or sexual harassment, in order to solve a discriminatory situation and minimize its consequences, guaranteeing the rights of persons.

Action procedures should be developed under the principles of speed, confidentiality, credibility and should ensure and protect both privacy and the dignity of persons subject to harassment. In addition, the rights of the persons reported shall be guaranteed and respected.

Harassment Protocol content:

1. Declaration of principles. Every person has the right to be treated in a courteous, respectful and dignified manner, as well as to the safeguarding of his fundamental rights of work. Equality and non-discrimination policies should be consolidated between the workforce, while collective awareness of this problem is conducive. The working conditions of the persons employed must be improved and the level of protection of the safety and health of the employees must be increased, not only by ensuring prevention and protection against risks which may cause damage or physical harm, but also in the face of risks that may cause deterioration in mental health.

2. Definition of moral harassment. Any conduct, practice or behaviour, carried out in a systematic or recurrent manner within a working relationship, which directly or indirectly involves an impairment or attack on the dignity of the person, to which it is intended to be subject emotionally and psychologically in a violent or hostile way, and which seeks to nullify their ability, professional promotion or their stay in the workplace, adversely affecting the working environment.

3. Types of bullying:

Descending (top charge to bottom).

Horizontal (same hierarchical level).

Ascending (lower charge to higher).

4. Preventive measures of moral harassment:

Communication to the template of those measures.

Shared responsibility and special entrusts to directors and managers about them.

Training programs in the company in this respect.

5. Definition of sexist harassment. Any verbal, non-verbal or physical behavior directed against a person by reason of their sex, and that is with the purpose, or the effect of attacking the dignity of a person or creating an intimidating, hostile, degrading, humiliating environment or offensive.

When such harassment is sexual harassment will be considered sexual harassment.

6. Model Proposal for the Action Procedure. Recipients and charged with channelling complaints and complaints for harassment, shall be: A representative of the RLT and the Equal Agent designated by the management of the entity or organization.

1) Informal procedure:

The goal is to resolve the problem unofficially; sometimes, the fact that the alleged aggressor or aggressor is the offensive and intimidating consequences of his behavior is enough to be fix the problem.

The instructor or instructor will be in charge of meeting the person concerned and may have meetings with the alleged aggressor and/or, in cases of extreme need with both parties, in order to obtain the clarification of the situation of harassment and reach a solution accepted by both parties.

Within ten days, counted from the filing of the complaint, a report shall be drawn up, which shall first be brought to the attention of the complainant.

2) Formal Procedure:

When the informal procedure does not result or is inappropriate to solve the problem, the formal procedure will be used. The instruction shall end with a report, drawn up within a maximum period of 30 days, which shall first be brought to the attention of the complainant.

7. Result of the instruction and actions. If there is harassment, appropriate corrective and sanctioning measures shall be taken in accordance with the disciplinary regime applicable to the person complained of. If there are no situations of harassment, or the verification of the facts is not possible, the file will be archived.

Complaints, false allegations or statements that prove to be non-honest or painful may also be constitutive of disciplinary action.

8. Monitoring. The follow-up of the complaints will be carried out in the Equality Commission, with full guarantee of confidentiality. In the case of communications during the procedure, a file number shall be used, the name of the person subject to the harassment being omitted.

9. Preventive action: To prevent situations of harassment, from the management of the company it will be encouraged:

1. Information and awareness-launching an information campaign to teach how a situation of harassment can be warned, to report on the rights and resources of workers, as well as the Protocol of Acoso.

2. Training. -With a commitment to prevent situations of harassment, this can be included in the appropriate training programmes for this purpose. Such programmes shall be particularly aimed at all persons who have staff in their capacity.

First transient disposition. Gradual wage equalization.

Those companies or entities in which the application of the remuneration tables represent an increase in the total wage bill of the company of more than 15% on the remuneration costs existing in the financial year preceding the If this agreement is signed and in a deficit economic situation, they may propose, before the Joint Commission (CPIVC), the gradual implementation of the tables of the convention in two years, so that in the first year of validity of the agreement at least 50% of the difference between the remuneration actually paid is passed on in the preceding financial year and those provided for in the salary table for the first year of validity of the Convention, fixing, as remuneration for the second year of validity of the Convention, the whole of the salary tables which are applicable to the This collective agreement.

Entities that credit the circumstances contained in the preceding paragraph, and wish to avail themselves of the gradual wage equalization contained herein, shall notify the legal representation of the workers in compliance with the Information and consultation duties and to refer to the Joint Committee (CPIVC) within 60 days of the publication of the Convention in the Official Gazette of the State, the complete proposal for an equalization with the supporting documentation of the economic and remuneration situation which at least consists of:

Annual audited accounts of the last full financial year, integrated by situation balance, profit and loss accounts, net worth of changes, status of cash flows, memory of the financial year, and management report.

Detailed breakdown of the wage bill and operating expenses.

In the case of a company not subject to the audit obligation of the accounts, a statement of the representation of the company on the exemption from the audit shall be provided.

Report drawn up by the legal representation of the workers or accreditation by the labor authority of the non-existence of the same.

Any one that was required by the Joint Commission (CPIVC).

Once the request has been received and registered by the Joint Commission, the applicant entity may apply in a precautionary manner the provisions of this provision until the same decision has been made. If the application is rejected, the entity shall pay the unsatisfied amounts in a prorated manner between the subsualities to be subtracted from the tax year.

The Joint Committee will be obliged to meet weekly, provided that there are pending applications, and to address them by rigorous order of receipt, requesting the timely correction of errors or deficiencies, documentation extension or estimating or dismissing the request.

In case of disagreement, on the part of the parita commission, the provisions of this collective agreement shall be made in accordance with the provisions of this collective agreement.

The entities that will opt to make use of this provision and will opt, subsequently, to initiate a salary-discount process during the duration of this Convention will have to pay previously to the affected workers amounts not received based on the application of this additional provision.

Second transient disposition. Prevalence of pre-existing conditions and temporary suspension of the application of salary supplements, overtime compensation and professional classification of this collective agreement to international cooperation staff expat.

Given the uniqueness of the service provision of the expatriate cooperating staff, those agreements which, individually or collectively, are already established in accordance with Decree 519/2006 of 28 April, which regulates the status of the cooperation between the cooperating entities and their employees shall be maintained for the duration of the cooperation or at most during the duration of this Convention.

For expatriate personnel belonging to International Cooperation, it is suspended for a period of six months, the application of the salary supplements, the compensation of overtime and the classification professional regulated in this collective agreement.

Within a maximum period of six months, the Joint Commission (CPIVC), through the specific commission set up for this purpose, shall establish the definitive system for the application or implementation of these matters for expatriate staff. international cooperation.

Additional disposition first.

Conventions recognized as pre-existing in the sector and enforced in the areas they regulate are:

Catalan scope:

1. Collective Agreement of the Lleure Educational and Sociocultural Sector of Catalonia. 79002295012003.

2. Collective bargaining agreement of the home and family care workers of Catalonia. 79001525011999.

3. Convention of Catalonia of Social Action with children, young people, families and others at risk. 79002575012007.

Basque Scope:

4. Collective Social Intervention Convention of Bizkaia. 48006185012006.

5. Collective Agreement on Social Intervention of Alava. 01100025012015.

6. Gipuzkoa Collective Social Intervention Convention 2010025012011.

Valencia Country Scope:

7. Collective Agreement for Care Companies specialized in the field of the Family of Children and Youth of the Community of Valencia. 8000545012003.

And the state scope:

8. Convention of State Mark of Educational Leisure and Sociocultural Animation. 99100055012011.

9. State Convention on Youth Reform and Protection of Minors. 99016175011900.

10. Collective Agreement of Centers and Services to Persons with Disabilities. 99000985011981.

11. Collective Agreement on Teaching and Training not regulated. 99008825011994.

12. A State-wide framework agreement on services to the dependent persons and development of the promotion of personal autonomy. 99010825011997.

Similarly, in those negotiating tables legitimately constituted partially or totally coincident with the functional scope of this agreement upon its entry into force, the duty to negotiate and close agreements does not lapse. The areas of those tables included in this provision should be considered.

Additional provision second. Inapplication clause (neglect).

If the economic situation and prospects of an entity may be adversely affected by the application of the economic conditions provided for in this Convention, it may be affected in both cases. the possibilities for the maintenance of employment in the same, the entity may proceed to the implementation of the wage regime established in accordance with the provisions of Article 82.3 of the Workers ' Statute.

Likewise, in accordance with Article 82.3 of the E.T., when economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the legitimate workers In order to negotiate a statutory collective agreement, it is possible to develop a period of consultations (the planned one for the modification of substantial collective working conditions, Article 41.4 of the E.T.), to inapply the working conditions laid down in the applicable collective agreement affecting the Following subjects:

a) Workday.

b) Schedule and the distribution of the working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

f) Functions, when they exceed the limits intended for functional mobility.

g) Voluntary improvements to the protective action of Social Security.

The request for disservice shall be initiated by the employer, who shall communicate it to the unitary and trade union representation or in his absence, to the committee of designated workers as provided for in Article 41.4 of the Staff Regulations. Workers as well as the Joint Commission (CPIVC) of this Convention.

1. Both for the Inapplication procedure (art. 82.3 of the E.T.), such as those referred to in Articles 39.4 and 41 of the E.T., within the functional scope of this Convention the following procedure shall be observed in accordance with Article 41.4 of the E.T. with the Joint Commission (CPIVC) of the Convention, with the obligation of companies and entities not to fall in default of form to the following:

2. To inform the Joint Commission (CPIVC), while at the time of the RLT or workers, the intention to initiate proceedings, be it a substantial modification of the working or non-application, as set out in Article 41.4 of the E.T.

3. To inform the Joint Commission (CPIVC), in default of RLT in some field affected by the procedure, if the workers ' collective has chosen to delegate or designate representative of the sector to represent the sector and legitimized for be part of the negotiating body of the Convention, as set out in Article 41.4 of the Treaty. Workers in the undertaking, in the absence of legal representation of employees, have the right to attribute their representation in the trade unions which are signatories to this Convention.

4. To communicate to the Joint Commission (CPIVC), as well as to the RLT or the workers ' commission, the communication of initiation of proceedings or period of consultation in accordance with the provisions of Article 41.4

the E.T.

5. In case the Joint Commission (CPIVC) is required to intervene in the procedure, which will have to be resolved by a majority of the authorisation or not of the request within seven working days, as set out in Article 82.3 The Commission will be obliged to transfer to the Commission, at the same time as the RLT or the workers ' committee, the documentation provided in the course of the procedure. And it shall be minimally composed of the documentation relating to the balance sheets, the results and, where appropriate, the report of auditors or auditors, which justifies a differentiated treatment. In addition, it will be necessary to provide an explanatory memorandum of the reasons for the application, which will include the economic and financial situation of the company and the affectation to the maintenance of the job, and explain the measures of a general nature intended for the viability of the undertaking and the maintenance of employment. More legally relevant.

6. In the event of an agreement or the defect of the agreement, outside the scope of the Joint Commission (CPIVC), it must be formally communicated to the Joint Commission (CPIVC) of the convention, plus the relevant communication and registration to the labor authority.

7. Express communication by any of the parties to in case of disagreement to request the intervention of the Joint Commission in (CPIVC) the process, under the powers conferred in article 82.3 of the E.T.

8. This Convention shall reflect the addresses and contact details of the Joint Commission (CPIVC) to facilitate real-time communications.

9. The salary inapplication agreement, if applicable, must determine exactly the remuneration to be paid by the employees of the company, and may establish whether the negotiation so decides, where appropriate and in the light of the disappearance of the causes. that they have been determined, a programming of the progressive convergence towards the recovery of the wage conditions laid down in this Convention, without in any case such inapplicability can exceed the time limit which the parties determine during the negotiation taking into account the circumstances of the causes and, at most, up to the the entry into force of a new convention.

10. The non-implementation agreement and the scheduling of the recovery of the salary conditions may not result in the failure to comply with the obligations laid down in the Convention on the elimination of remuneration for the purposes of gender.

Final disposition first. Catalogue of Activity of the First Collective State Framework for Social Intervention.

This Activity Catalog is developed and defined under the framework of Article 1 of the First Collective State Framework Convention on Social Intervention, in which it is referenced.

However, note that this document called the "Activity Catalogue of the First State Framework Convention on Social Intervention" is not a fully-inclusive, comprehensive or closed relationship, all of which services, equipment, programmes, projects, areas of management, research, design, evaluation, diagnosis and strategic planning of social action programmes, or socio-educational programmes not covered by other conventions; or socio-health programmes or sociolaboral programmes contained in Article 1 of this Regulation Convention.

The Joint Committee of this Convention may extend this relationship, either because it finds other services, equipment, programmes, projects, areas of management, research etc., which would not have been included, and they fall within the functional area described in Article 7 of this Convention, or because new services, equipment, programmes, projects, areas of management, research, etc. are displayed, or other pre-existing ones are redefined, due to the dynamic and changing nature of this sector. This action of enlargement and/or reinterpretation will be done by the Joint Commission (CPIVC) in accordance with Article 7 of this Collective Agreement and the development of the Joint Convention.


Convention Functional Scope Activity Catalog


We perform two descriptive ones, one according to the type and situation of need and another for the areas of intervention or areas of action.

A. Depending on the type of benefits and the situation of need:

All activity collected in the Social Services Reference Catalog and developed by different entities for the implementation of the same. All activities excluded as expressly covered by the collective agreements referred to in the Additional Provision of this Convention are exempted.

This Catalogue collects, identifies and defines the reference benefits of the Public System of Social Services for the State as a whole, and includes the activity derived from the provision of services:

The social services services of primary and specialized care, understanding as such the actions carried out by the technical teams aimed at addressing social needs and promoting the social insertion of citizens, families and groups of people. These benefits can be developed from equipment, programs, services, administrative units and multi-professional teams, among others. They are listed and developed together in the Social Services Reference Catalogue, based on the following thematic axes:

1) Information, guidance and advice.

2) Personal autonomy and care at home. (Care services are excluded from people in a dependency situation).

3) Family intervention and support.

4) Intervention and protection of minors. (Residential accommodation is excluded).

5) Residential care. (excluding residential care for people in a situation of dependency and persons with disabilities).

6) Prevention and Social Inclusion.

7) Legal protection. (Excluding the intended for minors).

B. Depending on the areas of intervention and/or policy areas.

Area of psycho-social and socio-educational intervention: A set of services, centers, teams and programs aimed at the integral and continuous development of people, groups and communities in their environment, as well as prevention, care, action and compensation for situations of disadvantage and social, educational and/or economic risk, from a psycho-socio-educational approach, with the express exclusion of those services, centres, programmes and specific groups identified in the Convention State of Youth Reform and Child Protection and the State Framework Convention of Leisure Educational and ASC.

In this area, the following services, equipment, programmes, projects, actions, activities and similar or similar are included:

Services and similar or similar:

First-home immigrant services.

Services for care, information, counselling, intervention and treatment for women in general and specialised (victims of gender-based violence, prostitutes, women with specific social problems, etc.).

Social care services in Courts.

Services to victims of domestic violence (childhood, women, etc.).

Enforcement of alternative penal measures to prison, excluding minors.

Protection and follow-up services to insertion.

Criminal, civil, etc. mediation services in the field of justice.


Equipment, centres, floors and similar or similar structures:

Day centers and open centers for women and other groups at risk of social exclusion.

Host Centers (limited-stay educational action for battered women, poverty-stricken population and/or other groups at risk of social exclusion).

Floors for women protected by gender abuse.

Passthrough and homeless centers.

Social Eaters.

Night centers and social pensions.

Centers, floors, or any other residential device addressed to other groups at risk of social exclusion.


Similar or similar programs, projects, and activities:

Attention, intervention, and mediation programs, except family members already included in other conventions.


Sociolaboral intervention area: A set of services, centers, teams and programs aimed at promoting social integration and improving the quality of life through the search for spaces of employment and occupation that enable the achievement of personal and economic autonomy, promoting the harmonised development of material and cultural wealth at local level through specific activities of labour integration, promotion of equality and local development.

In this area, the following services, equipment, programmes, projects, actions, activities and similar or similar are included:

Services and similar or similar:

Insert or sociolaboral reinsertion services.

Professional guidance services for employment and assistance for self-employment, occupational integration pathways.

Information, guidance, advice, intermediation and business awareness services.

Comprehensive occupational improvement services for groups at risk of social exclusion.

Service to support job integration in an ordinary company for groups at risk of social exclusion.

Therapeutic services of employment orientation (pre-workshops, technical offices, etc.).


Equipment, centres, floors and similar or similar structures:

Preworkshops for personal development, social integration, and compensating for socio-educational deficits in adolescence and youth at risk.

Day Center to promote the social insertion of groups in situations of exclusion, occupational and pre-work preparation.


Similar or similar programs, projects, and activities:

Experimental actions in terms of methodology and the collective that are innovative in the search for sociolaboral insertion.

Guidance actions and professionalizing information.

Job motivation actions.

Employment programs with tutorial support.


The PCPI that are framed in the regulated education are expressly excluded.

Area of social and health intervention: A set of services, centers, teams, and programs aimed at preventive and caring care for individuals, groups, or communities whose physical health conditions and or psychics, related in turn to certain social needs, require a multidisciplinary intervention of biopsychosocial order in order to improve their quality of life.

In this area, the following services, equipment, programmes, projects, actions, activities and similar or similar are included:

Services and similar or similar:

psychosocial services to promote the comfort and quality of life of terminally ill patients.

Emotional support services to bereavement.

Emotional support services of the patient and their families (affected by HIV, etc.).

HIV prevention services and drug dependency.

Social-health services for rehabilitation directed to groups at risk or social exclusion.

Care services to collectives in severe social difficulty (food aid, canteens, robuts and other basic needs).

Overcoming and Multicausal Mental Health Services.

Social Emergency Services.

Health and social resource coordination services.

Refugee assistance services.


Equipment, centres, floors and similar or similar structures:

Family reception to avoid or delay institutionalization, excluding minors.

Centers for passers-by, homes or temporary centers as a work platform for inclusion and social insertion.

Residential centres for populations at risk of social exclusion or social exclusion with different risk factors for exclusion or exclusion (toxic-dependencies, mental illness, difficult sociolaboral insertion, etc.).

Care centers for people with terminal illnesses in a situation of abandonment, or with problems of exclusion.

Centers and floors for refugees.

Centers for attention to toxicodependencies and other dependencies, specialized or integral.

Centers, floors, or any other residential device aimed at other groups at risk of social exclusion as an element to work social inclusion and exclusion.


Similar or similar programs, projects, and activities:

Comprehensive social and health programs for addiction treatment.

Detoxification programs, drug addiction and social reinsertion in drug dependency: CAD, CAID, floors.

Programs and services aimed at people in situations of exclusion, or of great exclusion, that mediate between them and the private housing market for their insertion into them by means of socio-educational actions of Reconstruction of habits, psychosocial support, pre-employment support, leisure activities, etc.

Drug damage reduction programs (methadone and others): Buses, day centers ...

Leisure activities and support for the hospitalized patient.

Coordination teams between health and social resources.


Area of management, research, design, evaluation, diagnosis and strategic planning of social programs: Set of services, centers, teams and programs directed to the planning and administration of the resources technological and human materials, with a view to systematising from technical bases the development and supervision of the tasks, and the effectiveness and efficiency of the actions of social intervention. They also refer to the set of services, centers, equipment and programs aimed at consulting for the diagnosis, research, innovation and proposal in the field of social intervention.

In this area, the following services, equipment, programmes, projects, actions, activities and similar or similar are included:

Services and similar or similar:

Specialized consulting and consulting (accessibility and elimination of physical barriers and communication, organization of equipment ...).

Training services aimed at professionals in the care, socio-health, social services, psycho-social and socio-educational services with the exclusions already mentioned.

Services for guidance, information, advice, support and mediation for individuals or families to prevent the loss of their housing or for the achievement of alternative accommodation.


Equipments, centers, floors, structures, programs, projects and similar or similar activities.

Design of social intervention programs and action-research projects.

Evaluation and analysis of results, dissemination of good practices.

Coordination of multi-disciplinary, inter-territorial projects (management of resources and equipment, search for public and private funding).

Applied research and detection of new social, socio-cultural needs, etc.

Diagnoses and strategic planning in social, socio-educational services, with the exclusions already mentioned, and social intervention.



2015 wage tables and salary increases year 2016 and 2017


Annual gross base salary year 2015













Wage increases years 2016 and 2017.

The parties to this Convention agree that for the years 2016 and 2017, it will be applied in terms of wage increase on the concepts contained in this convention, which is established on the basis of the interconffederal agreement which, for those same periods, it is obtained between the majority unions and the business organisations through the Agreement for Employment and Collective Bargaining (AENC).

In the event that such an agreement does not occur, the parties to the present Convention undertake to carry through the Joint Commission (CPIVC) the precise meetings to agree on such increases as in any other The case shall be less than 1% in each of the years indicated.