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Resolution Of 15 June 2015, Of The Directorate-General Of Employment, Which Is Recorded And Published The Iii Agreement For Employment And Collective Bargaining 2015, 2016 And 2017.

Original Language Title: Resolución de 15 de junio de 2015, de la Dirección General de Empleo, por la que se registra y publica el III Acuerdo para el Empleo y la Negociación Colectiva 2015, 2016 y 2017.

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Having regard to the text of the Third Agreement for Employment and Collective Bargaining 2015, 2016 and 2017 (Convention Code No. 99100015092012), which was signed on 8 June 2015, on the one hand, by the Spanish Confederation of Business Organisations (CEOE) and the Spanish Confederation of Small and Medium-sized Enterprises (CESMEs) and the other by the Trade Union Confederation of Workers 'Commissions (CC.OO) and the General Workers' Union (UGT), and in accordance with the referred to in Article 83.2 in conjunction with Article 90 (2) and (3) of the Law on the Statute of the Workers, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and 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 said agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Commission Negotiator.


Arrange your publication in the "Official State Bulletin".

Madrid, June 15, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.




Collective bargaining is the natural space for the exercise of collective autonomy of business and union organizations and the appropriate scope to facilitate the ability of companies to adapt, to set the working conditions and models to improve productivity, create more wealth, increase employment, improve quality and contribute to social cohesion.

The establishment of shared criteria and guidelines makes it possible to deal with collective bargaining processes under better conditions in the current economic and employment situation.

The II AENC was a scene of intense and growing deterioration of activity, productive fabric and employment, seeking to contribute to the increase in economic activity and employment. To this end, the Agreement was pivotal to the moderate increase in prices and incomes in order to improve the competitiveness of the economy and internal flexibility as a tool to facilitate the competitive adaptation of businesses, promoting greater stability in employment.

The confidence that has generated the assumption of the responsibilities contained in the Agreement for Employment and Collective Bargaining, not yet achieved all the proposed objectives, has contributed to greater resistance to the slowdown in the Spanish economy, wage moderation and reduced job losses.

In 2015, the recovery of activity is consolidating and continuity is anticipated in 2016. However, the situation is still complex due to some factors that limit growth and make the Spanish economy more vulnerable to any episode of uncertainty. Among the most outstanding are the high unemployment rate, the large public deficit, the high level of debt, the difficulties of access to finance, and the high levels of inequality and social exclusion.

With regard to the labour market, it has left behind the sharp adjustment in recent years and starts to generate employment at significant rates, although it has yet to increase its stability and employment levels are far from the maximums achieved in 2007.

In view of the above elements, we must persist, with greater emphasis, in the objectives of previous agreements, while incorporating new content. That justifies the desirability of signing a new Agreement for Employment and Collective Bargaining.

We believe that Social Dialogue and collective bargaining are the most appropriate working methods for the smooth functioning of the labour relations system at all levels and to address reforms, changes and adaptations in the productive sectors and enterprises.

The ANC 2015 -2017, balancing the represented interests of the different actors involved in collective bargaining, addresses a set of interrelated issues and criteria, which must be faithful to their translation into collective agreements.

We have established criteria for employment and recruitment-with particular reference to recruitment of young people-vocational training and qualifications, restructuring processes, information and consultation rights, equal treatment and opportunities, occupational safety and health, wage structure and determination of wage increases, information needs, supplementary social provision, flexibility instruments and working conditions, professional classification and functional mobility, working time management, the implementation of certain working conditions in conventions, teleworking, temporary incapacity, absenteeism, ultra-activity and a negotiating process, joint committees and autonomous dispute settlement systems.

The development and implementation of the commitments and objectives identified would not be possible without an agile procedure for negotiating the conventions and for resolving possible discrepancies in accordance with the provisions of the self-composition of conflicts of a state or regional nature; and without adequate vertebrate and articulation in the different negotiating areas.

As a conclusion, the ANC 2015-2017 addresses the treatment of this set of subjects with the aim of guiding the negotiation of collective agreements during the lifetime of the agreement.


Boosting quality employment and with rights

The intense adjustment of the volume of employment produced in the last few years in our labour market, which at first affected the temporary hiring to have an impact on the indefinite employment, requires to focus the priority objective of collective bargaining in the maintenance and recovery of quality employment.

A high use of temporary contracts continues to be maintained, which needs to be corrected in order to prevent the recovery of employment from being channelled through temporality, without prejudice to the maintenance of a framework for employment. This is the time to respond to the short-term needs of goods and services.

In order to contribute to the best treatment of all these aspects, we consider that collective agreements must have as fundamental objectives:

• Maintenance and recovery of employment.

• The promotion of job stability and the reduction of temporality, eliminating unjustified, as a guarantee of competition for businesses and safety for workers.

• The development of tools for information and analysis to promote the appropriate adaptation to productive changes, as well as for the follow-up of the agreement in collective bargaining.

• The establishment of instruments that enable companies to maintain and improve their market position and productivity, adapt internally to changing circumstances and ensure quality and rights jobs.

• The permanent development of skills and professional qualifications.

• Compliance with the principle of equal treatment and non-discrimination in employment and working conditions, as well as the promotion of equal opportunities for women and men.

• The incidence of information and communication technologies in general productive development and in industrial relations.

1. Stability of employment and modalities of recruitment

In order to achieve the above objectives, collective agreements must assume and develop their competencies according to the following criteria:

(a) Promote indefinite recruitment in access to the labour market, the transformation of temporary contracts into fixed contracts, the maintenance of employment and equal opportunities.

b) Encourage the appropriate use of contractual arrangements in such a way that the company's permanent needs are met with indefinite contracts, discontinuous or seasonal activities with discontinuous fixed contracts and short-term needs, where they exist, can be met with temporary causal contracts, either directly or through temporary work enterprises, and collective bargaining should not be required to introduce redactions or covenants that distort competition. The causes of the problem are to be found in the ETs. In addition, collective agreements at the state sector level or, failing this, sectoral collective agreements at a lower level may extend the maximum legal duration of contracts by a specified service or service for up to 12 months.

(c) To analyse in the area of the convention, and in function of its characteristics, the possibility and appropriateness, or not, of determining the overall volume of temporary contracts, incorporating in its case precise definitions of the references, margins or material limits and time limits for measuring their application, which would lead to greater internal flexibility in the case of compliance.

(d) Adopt formulas to avoid the unjustified chain of successive contracts to cover the same job, with the aim of preventing abuse, taking into account the referral which, in this field, makes the Law to collective bargaining for being the appropriate channel to attend to the peculiarities of the activity and the places of work to be covered.

e) The modality of the indefinite part-time contract may be an alternative to temporary contracting or to the performance of overtime in certain cases. In order to achieve this objective, collective bargaining should play an important role by extending the maximum percentages of additional hours that can be achieved, without exceeding 60% of the ordinary hours. In the case of the additional hours of voluntary acceptance, and by improving the quality of this type of recruitment, especially in order to facilitate the voluntary service and to enable the development of life professional, personal and work.

(f) The regulation of the probationary period by collective bargaining for the purpose of facilitating mutual knowledge of the contracting parties and also the suitability of the worker and his/her aptitudes, as well as their suitability for prospects for professional development and the demand for their qualifications in the organisation of the company.

g) Partial retirement and the replacement contract should remain an appropriate instrument for the maintenance of employment and the rejuvenation of templates.

Likewise, the undersigned organizations consider appropriate instruments for the achievement of those purposes, early retirement and pre-retirement measures linked to the economic circumstances that go through the companies included in Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security System.

h) Encourage the recruitment of workers with the greatest difficulties in entering the labour market: over 45 years of age, long-term unemployed and persons with disabilities, taking into account the system of Bonuses to recruitment.

(i) Establish mechanisms for monitoring and monitoring of employment trends, and for recruitment in sectors when employment measures are taken, in order to share the outcome of the measures implemented to promote employment. same.

j) In terms of subcontracting and productive outsourcing and subrogation of activities, employment and working conditions, in view of the importance and extent acquired by the different forms of productive organization and societaria, in a context of increasing outsourcing of the activities by the companies that has led to legal regulations that establish rights of information for the representation of the workers, the signers of the present Agreement considers it necessary for collective bargaining to contribute to facilitate compliance with the provisions of Article 42 of the ET. This will result in the security of employment and compliance with legally and conventionally established working conditions.

The capacity for representation and scope of action of workers ' representatives, as well as their credit schedule, shall be determined by the legislation in force and, where appropriate, by collective agreements of application.

in this sense, the business and trade union organizations share that the new forms of productive and societarian organization, which at times are of considerable complexity, should not imply the inapplication of the corresponding conventional regulation, or illegal disposal of workers.

k) Ensuring, in this context of internationalisation, that it applies to workers engaged abroad and/or transferred and/or displaced to our country, the provisions referred to in the relevant collective agreement the place and employment centre in Spain, whether it is an agreement or collective agreement of a sector or a company, and regardless of the geographical scope of application of the relevant agreement.

2. Recruitment of young people

Business and trade union organisations share concerns about the serious problem of youth unemployment in Spain. Collective bargaining must therefore pay particular attention to this collective and encourage the recruitment of young people, promoting training contracts and dual training, as a means of integrating them into work and skills, promoting the final incorporation into the company of these workers, after the completion of the training contract, in the framework of the Youth Guarantee Plan.

Likewise, collective bargaining should in this regard:

• To encourage the recruitment and/or professional promotion of young people to take into account their academic, professional or work experience or professional qualifications, in order to provide them with appropriate positions same.

• Prioritize the access of young people to the training offer of the company and individual training permits, as well as facilitating their participation in procedures for recognition of their work experience. improve your personal and professional qualifications.

• Establish specific devices for the monitoring of effective compliance with the training objectives as an appropriate instrument for incorporation into the labour market.

• Provide incentive measures for recruitment of young people, preferably through employment recruitment in the face of the use of non-working practices in enterprises.

3. Vocational training and qualifications

• Trade union and business organisations consider it essential to contribute through collective bargaining to achieving training objectives by defining criteria and priorities in terms of:

a. Development of the individual right to training established by Law 3/2012, of urgent measures for the reform of the labour market, including the sanctioning regime in case of non-compliance of the worker. Facilitate the implementation of the individual training permits set out in the national agreements. Assistance to training actions.

b. Training needs, initiatives to develop and priority groups to improve their employability.

c. Promotion of sectoral and cross-sectoral bipartite instruments in the definition of training. Develop a sectoral (more streamlined and rational) map. Collaboration with the National Focal Points on the design and implementation of innovative actions.

d. Development of theoretical training in the contract for training and learning.

e. Rights and obligations in relation to training.

f. Facilitate the application of bonuses and the right to information of legal representation of workers.

g. Assessment of the training, its use and impact.

h. Assessment and development of recognition and accreditation of professional competence.

i. Guidance for workers and development of training pathways consistent with the needs of businesses and workers.

j. Training references in relation to the classification, mobility, promotion and planning of careers.

k. Improvement of the quality of training actions and the efficiency of funds for training.

• The possibility that state-wide sector negotiation will establish criteria and priorities for sectoral training throughout the national territory.

• Understanding the role that Bipartite Entities can play in the new model, especially in the identification of needs, the setting of training priorities, or the monitoring and evaluation of training policies.

4. Restructuring processes

• To promote through collective bargaining the use of measures of suspension of contracts and temporary reduction of working hours to deal with situations of the time, with the maintenance of employment.

• The management of restructuring will be addressed in accordance with the social consequences relating to the conditions of business, the tax system, national legislation, collective agreements and the needs of the workers.

• The explanation and justification of changes and measures of reorganization and restructuring, addressing possible alternatives, such as internal or external reclassification, training, retraining, support for the creation of companies, retirements, personal plans for workers or agreements to diversify forms of employment, relocations and other accompanying measures.

• Transparent processes with sufficient periods of consultation with the representation of workers, prior to the delivery of all the required information and the use of mediation and arbitration procedures to deal with them. discrepancies produced in the negotiation. Since the beginning of the process, the Joint and Joint Committees of the sectoral collective agreements must assume possibilities of mediation and intervention.

In the restructuring process, account should also be taken of the territorial dimension, given the repercussions that economic and social changes have on the whole of a region or territory and the situation. specific to small and medium-sized enterprises, taking into account their particular situation in areas or sectors undergoing restructuring.

Through collective bargaining, it is appropriate to introduce measures to prevent or avoid restructuring for environmental reasons that could affect competitiveness and employment. The technological improvement of companies is a more favourable position of competitiveness and the impact of environmental legislation is to be overcome.

Anticipation of changes: Sectoral Observatories.

• The development of worker employability and productive investment should be addressed in the framework of industrial relations, with information, consultation and negotiation procedures in the company, with the aim to anticipate changes and possible restructurings.

• The analysis of the competitiveness and employment of the Spanish economy in general, and in particular of the specific sectors, should make it possible to identify the strengths, weaknesses, and framework conditions that need to be improvement.

• Sectoral observatories, made up at the state level, by agreement of the business and trade union organizations in the sector, are suitable instruments to develop this work and can contribute to the definition of to anticipate structural changes, in sectors and in companies, analysing the situation of the moment and future prospects in matters such as the position of companies on the market, international competitiveness In particular at European level, technological development, and environmental, development of productivity, maintenance and job creation, training needs, equal opportunities, etc., with particular attention to small and medium-sized enterprises.

5. Information and consultation rights

Respect, develop and facilitate (by establishing procedures) the rights recognized by the legislation (national, community, international) in the field of information and consultation, for which collective bargaining will have in has the following aspects:

-In each company:

• Information on the economic situation of the company and the evolution of its activities; the forecasts on the volume and type of contracts; the statistics on the index of absenteeism and its causes; the application of the law of equal treatment and opportunities; and other issues as provided for in Article 64 of the ET.

• Addressing collective agreements on the impact of information and communication technologies on industrial relations, establishing channels of communication between the parties and as a vehicle for information to workers on the part of the RLT, which shall be subject to rational use.

• Information to workers ' representatives on environmental actions that have a direct impact on employment, on working conditions or on the territorial environment.

• The capacity for representation and scope of action of workers ' representatives, as well as their credit schedule, will be determined by the provisions of the collective agreements of application under the law in effect.

-In network companies:

• Information by the main company and contractor to its employees and the legal representation of the employees on the subcontracting processes, as set out in Article 42 of the ET, which will contribute to the security of employment and compliance with legally and conventionally established working conditions.

• Information on the part of the user undertaking to the employees ' representatives on the contracts for making available to ETTs, giving them a basic copy of the contract of work or the order of service.

• Information to workers on the means of coordination set up to protect and prevent occupational risks in the workplace, in accordance with Article 24 of the Law on the Prevention of Risks Labor.

• When companies, principal, contractor and subcontractor, continuously share a single work centre, the first one must have a record book in which the information referred to in the article is reflected. 42.4 of the Staff Regulations in respect of all the undertakings concerned. This book will be available to the legal representatives of the workers.

• Workers of contractors and subcontractors when they do not have legal representation will have the right to formulate to the representatives of the workers of the main company questions concerning the conditions (a) the implementation of the work activity, while sharing the work centre and lack of representation. The provisions of the preceding paragraph shall not apply to the worker's claims in respect of the undertaking on which it is based.

• The legal representatives of the workers of the main company and of the contractors and subcontractors, when they share on a continuous basis, will be able to meet for the purposes of coordination between them and in relation to the conditions for the performance of the work activity in the terms laid down in Article 81 of the Staff Regulations, and with the means to be determined by collective or enterprise collective bargaining.

-In companies with a community dimension:

• Economic and labour information in the European Company or European Cooperatives, in accordance with the information, consultation and participation mechanisms provided for by Law 31/2006 of 18 October on the involvement of workers in European public limited companies and cooperatives.

6. Equal treatment and opportunities

Business and trade union organisations share the need to promote equal treatment and employment opportunities to respond both to the diversity of the labour market and to maximise the impact and Benefits that have in companies the presence of heterogeneous templates in terms of sex, age, sexual orientation, nationality, racial or ethnic origin, disability, religious convictions, ...

We also believe that progress must be made in the reconciliation of personal, work and family life, which we must make compatible with greater competitiveness of companies, which the achievement of which can contribute to collective bargaining for their proximity to the needs of businesses and workers.

Ensuring equality, establishing, where appropriate, measures or criteria in collective bargaining that contribute to overcoming possible situations of inequality in which people can be found in the workplace, by these or Other personal and/or social circumstances have a positive effect that goes beyond the workplace itself and those to whom a collective agreement applies. An effect that reaches the whole of society because employment on equality is the main element of social integration of all people and the motor of the development and cohesion of a society. Collective bargaining, allows us to trade union and business organizations, to contribute to equal treatment and opportunities in companies responding to the current diversity of the templates and society and getting to take advantage of the human, social and economic potential of this diversity.

To achieve this goal, collective agreements in the field of your competence should:

• Advancing in the development of criteria guiding measures that promote equal opportunities, with the full exercise of collective autonomy.

• Promote anti-discrimination clauses that make it possible to adapt the content of the conventions to the current regulations, and contribute to the establishment of a fair framework for the development of working conditions.

• Promoting equal treatment and opportunities, by any personal and/or social circumstance, by addressing measures or guidelines in relation to equality between women and men, migrant workers, workers with disability.

Gender equality:

• Include criteria for equal opportunities for men and women, to be taken into account in collective bargaining, on: incorporation of positive action clauses; establishment of selection systems; classification, promotion and training; elimination of sexist names in the professional classification; sub-healing of remuneration differences.

• To incorporate measures or criteria that improve access to employment, promotion and training, with particular attention to the recruitment of women in those sectors in which they are underrepresented.

• Move those subjects that the Workers ' Statute or the Organic Law for the effective equality of women and men forward to collective bargaining or to the agreement with the employer.

• To address in the sector-specific areas criteria relating to the contents of the equality plans referred to their areas of application, evaluation, monitoring, administration and resolution of the discrepancies.

• Establish work-life and family/family life reconciliation measures that reconcile the needs of workers and businesses.

• Addressing the prevention of sexual harassment and harassment on the basis of sex, through prevention measures such as the negotiation of action protocols to eradicate this type of actions and attitudes in companies.

• Facilitating through collective bargaining the effective exercise of the rights recognized in the workplace to victims of gender-based violence by the Organic Law 1/2004, of December 28, of protection measures integral against gender-based violence.

People with disabilities:

Encouraging through collective bargaining the incorporation into employment of workers with disabilities, taking into account factors such as the characteristics of the sectors and companies, the skills and abilities of the workers and the possible adaptation of jobs.

• Promote the effective recruitment of people with disabilities and meet the 2% reserve share in companies of more than 50 people in staff, with the possibility of developing the alternative measures mentioned in Article 42 of the General Law on the Rights of Persons with Disabilities and listed in Royal Decree 364/2005 of 8 April 2005, which regulates the exceptional performance of the reserve quota in favour of the workers with disabilities. To facilitate this objective, the identification of the activities and the jobs that may have the least difficulties for their coverage by people with disabilities will be advanced.

• Contribute through collective bargaining to the establishment of an equitable framework for the development of the working conditions of persons with disabilities, in such a way that equality is guaranteed in the entire relationship work.

• Make as many reasonable adjustments as are necessary, for correct adaptation of the job as a function of the disability in question, so that people with disabilities can develop their work productive without conditioning that either merits or hinders the use of their knowledge and skills.

• Promote that vocational training actions are properly adapted to the various disabilities that workers can present; in such a way that they are able to participate on a level playing field that the template set.

• Facilitating through collective bargaining the transition of workers from the Special Employment Centers to ordinary employment.

• Ensuring that the collaborating companies that have an occupational enclave adapt their facilities and the jobs to the needs of the workers of the Special Employment Center, in the terms outlined in the regulations for the prevention of occupational risks.

7. Health and safety at work

despite the fact that in the year 2003 a trend has begun to reduce the rates of labor accidents, which has been consolidated in recent years, this should not lead us to relax the work done so far, so it is due continue with the effort made at all levels, including collective bargaining.

As we have repeatedly stated, CEOE, CESME, CCOO and UGT share the commitment to contribute more effectively to the prevention of occupational risks and to reduce the number of work accidents in Spain. We therefore consider it important to strengthen the role of the social partners within the framework of the new Spanish Strategy on Safety and Health at Work.

In the concrete context of collective bargaining, we want to reiterate some criteria on safety and health at work:

• Integration of Prevention:

It should be remembered that the preventive activity to be developed in the company must be integrated through the implementation of a documented Occupational Risk Prevention Plan. The planning of preventive activity has to go through the avoidance of risks and protection measures will not be assessed and taken into account. The adoption of the agreements on commitments relating to toxicity, penosity or hazard, linked to certain occupational risks, should therefore be avoided as they collide with the guiding principles of prevention.

• In the field of health surveillance:

Since the entry into force of the PRL Law, we have recommended that collective agreements advance in the gradual substitution of general and nonspecific recognition to replace them with health examinations. specific to the proper enforcement of the rules. This recommendation is fully in place today.

The preventive implications of such specific surveys should be translated into encouraging the detection of occupational diseases and the implementation of concrete measures in the workplace to prevent them.

The effect on health, derived from exposure to risks, should be taken into account and serve for the review, adjustment and correction of risk assessment and working conditions, with a preventive approach.

• In training:

Training on the risks present in the workplace is shown as one of the most appropriate tools for promoting preventive culture and the changes in attitude. It is therefore advisable to include, in the collective agreements at sectoral or lower level, the content and duration of the specific training and the prevention delegates, depending on the risks of each job, or function.

• Other subjects:

With regard to the designation of the Prevention Delegates, in the sectorial areas, the establishment of procedures other than those provided for by law may be negotiated, provided that the faculty of designation is for the employees ' representatives or for the employees themselves.

It is recommended that the schedule credit of the Prevention Delegates be included in collective agreements of the widest possible sectorial and territorial scope.

The inclusion of the criteria and the ways in which the Prevention Delegates need to collaborate with the management of the company in the improvement of preventive action, through training and information, can also be negotiated. for the implementation, promotion and promotion of the cooperation of workers in the implementation of the rules and measures for the prevention and protection of occupational risks taken in enterprises.

On the other hand, the state sector collective bargaining is considered to be an appropriate area for the promotion, development and implementation of effective compliance with the obligations and responsibilities of employers and workers in the field of safety and health at work. In this sense, the commitment of the worker and the employer should be strengthened with the implementation of the regulations on the prevention of occupational risks, in accordance with the Spanish Strategy on Safety and Health at Work.

The procedures for information and consultation on the preparation of prevention plans and risk assessments may also be addressed in collective agreements.

Likewise, it would be appropriate to address the problem arising from the consumption of alcohol, drugs and other substances and to establish instruments for, in the framework of the prevention of accidents at work, to identify and seek solutions the situations and risks arising from such consumption.

On the other hand, in line with the coordination of business activities marked by Article 24 of the LPRL and developed by RD 171/2004, provisions on information procedures and procedures may be included. consultation on the risks arising from the concurrence of business activities and the means of coordination established in such cases, as well as promoting mechanisms to facilitate the coordination of business activities in the field preventive, taking into account the difficulties of each sector.

• Labor and Violence at Work:

Job stress and violence at work are a growing concern for employers and workers who have reflected at European level with the subscription, by UNICE, UEAPME, CEEP and the European Confederation of Trade unions, the European Framework Agreement on Labour Stress in 2004 and the European Agreement on Violence at Work (AMEVA) in 2007, the contents of which should serve as a reference when addressing these issues in the conventions.


Wage Criteria

In the current economic context, the undersigned organizations of this AENC declare the intention of carrying out, during its term, a wage policy that will contribute simultaneously to the economic reactivation, the creation of jobs and the improvement of the competitiveness of Spanish companies.

To achieve this, we agree that a progress in wage growth, where the economic reality of sectors and/or companies will permit, and the absence of inflationary pressures in the Spanish economy, will contribute to increase the purchasing power of workers and continue to improve our competitiveness and thereby preserve and create jobs.

1. Wage structure

The collective agreements must promote the rationalization of wage structures, in order to renew the concepts of remuneration with objective and equity criteria, giving input to those who are linked to productivity and performance in the company and taking into account its different nature, should also make it possible to adapt to the specific circumstances of the company and to avoid situations of unfair competition.

In this sense, collective bargaining is the appropriate instrument for establishing the definition and criteria of a wage structure (fixed and variable concepts, minimum wages, supplements or other) appropriate to the sectoral and business reality, taking into account their direct relationship with the new systems of work organisation and incentives to production, quality or results, among others.

To this end, in the definition of variable concepts, criteria of objectivity and clarity should be taken into account in their implementation; the delimitation of percentages of variable pay on total remuneration; rights of information and participation in the company of workers ' representatives and consideration of the specific realities of each sector or company.

2. Criteria for determining wage increases

The Spanish economy started a recovery process in 2014, with GDP growth of 1.4% and the outlook for 2015 and 2016 are the consolidation of economic reactivation. Domestic demand led by household consumption and business investment have been the main bulwarks of economic recovery, supported by greater stability in financial markets and improved confidence. In this environment, the labour market began to create employment in 2014.

This does not mean that the crisis has been overcome, as the factors that limit the recovery and reduce the potential for economic growth and well-being, such as the high unemployment rate, the high level of public and private debt, the decrease in GDP per capita and the increase in inequality. Factors to which an international context is added with some uncertainties.

In this context, the salaries negotiated in the coming years should behave according to the following guidelines, which are oriented to the maintenance and/or creation of quality employment:

Pay increase for 2015: up to 1%.

Pay increase for 2016: up to 1.5%.

The agreements negotiated in accordance with the previous guidelines should take into account that the sum of the salaries of 2015 and 2016 will be greater than the sum of the inflations of both years, in proportion to the salaries initially agreed.

To determine the increase to be applied to wages negotiated in collective agreements for the year 2017, the signatory organizations will take as a reference the evolution of GDP in 2016 and the macroeconomic framework of the government for 2017, and they will concretize it in the three months following the publication of the latter.

Under the above guidelines, negotiators will have to take into account the specific circumstances of their scope to set the wage conditions, so that the percentages of wage increases may be to be modulated in each sector or enterprise within the limits of the increase in productivity, as measured by the parameters set by the negotiators, and by employment. In such a way that the resulting figure will enable sectors and businesses, in particular those open to international competition, to maintain at least their current position and not to be disadvantaged in relation to their competitors.

In addition, other elements may also be taken into account in company agreements to determine additional pay increases, provided that they are based on quantified, measurable and known indicators for both negotiating parties. These remuneration increases shall be used preferably for variable remuneration.

3. Information needs

The Parties to the Agreement consider it necessary for the negotiators to have the necessary economic information and activity forecasts to ensure that the parameters on which they are based are monitored. referenced the wage increase and/or variable pay.

It is very important for the government to develop as soon as possible its commitment to the tripartite negotiation proposals to strengthen economic growth and the employment of establishing the incorporate the collective agreement code to which the companies are attached in the information they provide to the Social Security, as well as subsequently, and on the basis of that data, to allow the Administration to provide the negotiators all economic information related to their agreement and contained in the records administrative.

Likewise, in line with the provisions of the second Royal Decree-Law 7/2011 of 10 June 2011, of urgent measures for the reform of collective bargaining, additional avenues of knowledge should be explored, different from the statistical sheets of the collective agreements, which allow obtaining complete and rigorous information about the situation and contents of collective bargaining.

4. Supplementary Social Welfare

The undersigned organisations of this Agreement share a positive assessment of the Supplementary Social Security Systems and we have considered it appropriate to address the development of these systems in the framework of the negotiations. collective.

Actions in the business field in relation to Supplementary Social Welfare should be based on their voluntary nature and be valued in correlation with the public pension system.


Negotiated flexibility instruments. Working Conditions

CEOE, CESME, CCOO and UGT consider that the internal adaptation mechanisms are preferred to the external and to the template adjustments, therefore the agreements should have the internal flexibility as a tool to facilitate the competitive adaptation of companies and to maintain employment, their stability and quality and productive activity, with an appropriate balance between flexibility for business and security for workers.

In this sense, for the undersigned organizations the collective agreement is the appropriate instrument for articulating the flexible use in the company of elements such as the working time and the functional mobility, respecting the forecasts legal and due guarantees for companies and workers.

Therefore, the collective agreement will be able to regulate criteria, causes and procedures in the application of flexibility measures, as well as agile procedures for adapting and modifying the agreed, with the participation, in both The Committee on the European Parliament's Committee on the European Parliament and the Committee of the European Parliament and the Committee of the European Parliament have asked for this. They shall also include forecasts for an agile and effective solution of the blocking assumptions in the consultation and negotiation periods set out in the ET precepts affected by internal flexibility.

For these purposes, the sectoral agreements should lead to the negotiation in the company, at the initiative of the affected parties, of working hours, functions and salaries because it is the most appropriate scope to configure these concepts, strengthening the intervention of the trade union sections, without prejudice to other alternatives to the business agreements, such as agreements or agreements of undertakings entered into by individuals entitled under Article 87 (1) of the ET.

1. Professional classification and functional mobility

Collective agreements should establish systems for the professional classification of workers by means of professional groups, setting the procedures for adaptation in the event that the classification remains in force. professional categories. They will also need to strengthen agile instruments for functional mobility to operate as a mechanism for internal flexibility and adaptation by companies, while respecting the rights and guarantees of workers and their employees. representatives.

Functional mobility should not have other limitations than those required by membership of the professional group or, where appropriate, by the qualifications required to perform the work provision.

However, collective agreements may provide for the performance of functions other than those belonging to the professional group where technical or organisational reasons justify it, as defined in the Article 41.1 of the ET, and for the necessary time, without it being able to exceed six months in one year or eight months in two years, owing the employer to inform of this situation with the maximum speed to the representation of the workers.

Mobility shall respect the rights corresponding to the new functions unless they are lower, in which case the remuneration of origin shall be maintained, without the possibility of being invoked as a result of an objective dismissal for ineptitude lack of adaptation in these cases. They shall also operate the promotion and remuneration clauses, where appropriate, in the terms set out in the ET.

In all cases of functional mobility, information, suitability and training on new roles and respect for personal dignity and professional development should be ensured.

On the other hand, collective agreements and company agreements will be able to address functional versatility and its effects on remuneration.

2. Work Time Management

In order to achieve a better adaptation to the needs of businesses and workers, in order to maintain activity and employment, collective agreements may promote the flexible management of time. (a) to avoid the completion of overtime, except for the strictly necessary hours provided for in Article 35.3 of the ET, while respecting the legal provisions, with due guarantees for the undertaking and workers.

To this end, the minimum content of the agreement should set the annual computation of the day and its irregular distribution as an instrument to avoid, whenever possible, overtime or temporary hiring; and compensation for differences, due to excess or defect, resulting from the irregular distribution of the day.

Sectoral and especially provincial agreements, due to their proximity to the company, should set the general rules for the flexibility of working time.

For their part, the sectoral agreements will promote a negotiated adaptation in the field of the company of the agreed in the sector, with participation of the representation of the workers or, in its defect, negotiated with the trade union organisations which are signatories to the sectoral agreement.

Likewise, agreements, especially those of a company, should promote the rationalization of working hours, taking into account the specificities of each sector or company, with the objective of improving productivity and promote the reconciliation of work and personal life, while respecting the legal minimum for daily, weekly and annual breaks.

On the basis of the above, collective agreements will make it easier for the employer to irregularly distribute 10% of the ordinary annual working day, which may affect the maximum weekly or monthly working day and the daily working hours, without prejudice to the limits laid down in the Staff Regulations. Collective agreements shall also enable the employer to have a stock exchange of hours per year, in which he may alter the distribution provided for in the annual calendar, and shall lay down the criteria and procedures for the application of the said bag. hours.

In any case, the flexibility of working time should be accompanied by guarantees and security for people, which allow them to make the work time compatible with their personal and family life.

3. Inapplication of certain working conditions in the conventions

For the unapplied scenario, it will proceed according to article 82.3 of the ET.

When collective agreements contain clauses that do not apply to the working conditions set out in agreement, with the aim of ensuring the maintenance of employment and as an instrument of internal flexibility that avoids Temporary and non-temporary employment regulation files must bear in mind, in addition to the need for the implementation of the implementation agreement to be notified to the joint committee of the collective agreement, the following aspects:

• Documentation: The documentation to be delivered by the company will be the necessary one so that the representation of the workers can have a reliable knowledge of the alleged causes for the inapplication.

• Temporary duration of the application: Given the exceptional nature of this measure, the duration could be modulated according to the circumstances of the application, without it being higher than the period of validity of the application. the convention applied and may in no case be extended beyond the time when a new agreement is applicable in that undertaking.

• Content of the implementation agreement: The implementation of the collective agreement in no way must produce a regulatory vacuum with regard to working conditions which are not agreed upon, and therefore the agreement of Application must determine the replacement regulation of the one contained in the inapplied collective agreement.

The non-application agreement may not result in the failure to comply with the obligations laid down in the Convention relating to the elimination of pay discrimination on grounds of gender or which are envisaged, in their case, in the Equal Plan applicable to the company.

4. Teleworking

The recognition by the social partners of teleworking as a means of modernising the organisation of work in order to make the flexibility for business and safety compatible for workers, We consider it appropriate to establish certain criteria that can be used by companies and by workers and their representatives:

• The voluntary and reversible nature of teleworking, both for the worker and for the company.

• Equal rights, legal and conventional, for teleworkers with respect to comparable workers who work in the company's facilities.

• The convenience of regulating aspects such as privacy, confidentiality, risk prevention, facilities, training, etc.

Beyond these criteria, business and trade union organisations re-recall the content of the European Framework Agreement on Telework, signed by the European social partners in July 2002, and revised in 2009, which sets out guidelines for the development of teleworking.

5. Temporary incapacity

In order to encourage the management and control of ITCC situations, collective agreements should:

• Promote measures to improve the management and control of the situation by ITCC, as well as include criteria aimed at reducing absenteeism rates in the company.

• Rationalize the establishment of supplements to the public service by ITCC, linking it to the above mentioned purpose.

6. Absenteeism

Unjustified absenteeism leads to a loss of productivity and a negative impact on labour costs, thereby damaging the competitiveness of businesses and the possibility of improving employment and income levels. of the workers.

The reduction of unjustified absences in the sector or business sector should be a shared objective for trade union and business representation, given that it is projected on working conditions, the working climate, productivity and the health of workers.

To be able to address it, the company must have a rigorous knowledge of its absenteeism: its causes, the circumstances surrounding it, its cost, etc. Any solution requires a successful shared diagnosis, as well as the development of simple and accurate methodologies to reality.

To this end, collective agreements should analyse the causes of unjustified absenteeism and establish criteria for reducing it, define mechanisms for monitoring and evaluation with the representation of workers and, in their Case, corrective and control measures.


From collective bargaining

1. Ultra-activity and negotiating process

order to preserve the validity of the agreements and to minimize the blockades in the negotiations, the negotiating parties are proposed to act, first of all, on the regulation of the ultra-activity and, if necessary, also to use the option of partial agreements during the negotiation process for the renewal of the agreement or for the establishment of a new negotiating unit.

With respect to the conventional regulation of ultra-activity, the following measures are proposed:

• The renewal and updating of the agreements, in the interests of the competitiveness of the companies and the stability in the employment of the workers, respecting basically the autonomy of the will of the bargaining units. Enabling the continuity of the trading units, the good faith being negotiated for this purpose.

• It is necessary for collective agreements to make proper review and innovation in order to ensure greater effectiveness.

• Negotiators should be committed to following the negotiation process in order to facilitate the agreement, determining in which terms the maintenance of the agreement will take place during the mutually agreed duration of the agreement. process. Each party may decide that the negotiation is exhausted and therefore call for mandatory mediation or voluntary arbitration.

• In order to resolve the situations of blocking the negotiations, the negotiating parties will have to go to the systems of autonomous solution of conflicts established in the field of the State (V ASAC) and of autonomy.

• The organizations that have signed this Agreement will promote the necessary actions for the promotion and renewal of collective agreements in accordance with the above mentioned, and the fulfillment of the above recommendations. on the part of the organisations and companies that are dependent on them.

During the negotiation process, partial agreements can be established on specific subjects to be formalized in writing and to be registered with the Labor Authority for publication. In such agreements, the linkage to the collective agreement and its temporary validity should be established.

The trade union and business confederations signatories to this interprofessional agreement consider it necessary to achieve a transparent and effective collective bargaining, and therefore call on the negotiating parties to establish the Negotiating Table, a procedure is established to give agility and security to the negotiation, including measures such as:

• Calendar of meetings.

• Formalization of meeting calls, including topics to be addressed, documentation and proposals.

• Elaboration and signing of meeting minutes, where the positions of the parties, agreements and disagreements remain.

• Commitment to use mediation procedures to resolve differences on specific issues during the negotiation process, and to arbitration if the agreement so provides or the parties decide.

• Delegate in a person from each negotiating party to be able to carry out any of the necessary formalities with the Labor Authority.

• To seek a significant improvement in the regulatory techniques of the conventions, in order to achieve greater clarity and simplification of the conventional clauses, making them more accessible in their understanding to the workers and entrepreneurs, and originating less interpretative conflict in their implementation.

It is also considered necessary to provide security for the agreements reached and to facilitate the public and statistical knowledge of collective bargaining that the negotiating parties extend in time to the obligation of official registration of all the formalities associated with a collective agreement or agreement. In particular, and given the problems that it is causing for the knowledge of the real state of collective bargaining the lack of registration of some formalities, it is called the attention on the need to register with the Authority following:

• Complaint of the agreement before the end of the agreed term, even if the automatic complaint has been agreed.

• The economic effects of the automatic extension of an agreement, when no express or automatic complaint has been made, whether a wage variation has been foreseen or a change in what is to be computed as a wage freeze, with a value equal to 0%.

• The annual review of the economic effects of all the years of a convention, even if they have not had a salary change.

• Changes to conventions.

• Partial agreements that occur during the process of renewing or signing the convention.

2. Unit commissions and autonomous conflict resolution systems

Paritary Commissions:

It is considered appropriate that, by collective agreement, the functions that the law establishes for the Joint Commission and in particular the following:

-Pre-conflict resolution intervention:

• In those consultation procedures in the company for the implementation of the collective agreement (art. 82 ET) which do not reach agreement in this area.

• In the discrepancies arising in compliance with the legal mandate relating to the establishment of the system by collective bargaining or, failing that, agreement between the company and the workers ' representatives professional classification of workers through professional groups.

-In the process of implementation, when the period of consultation ends with agreement, the same shall be notified to the Joint Commission of the collective agreement which is the subject of inapplication.

It would also be convenient to:

• In the case of sectoral agreements, the members of the Joint Committee undertake to exchange information on the new trading units that have been created in the scope of the agreement.

• Collective agreements provide for the possibility that, in the case of a substantial modification of working conditions (art. 41 ET) and employment regulation (art. 47 and 51 ET), the employer and the representation of employees may at any time agree to replace the period of consultation with the intervention of the Joint Committee of the Convention on a preferential basis, without prejudice to the procedure of mediation or arbitration that is applicable in the field of the enterprise.

The intervention of the Joint Commission or the mediation or arbitration procedure shall be carried out within the maximum period specified for that period of consultation by the legal regulation.

Together with the definition of the functions attributed to the Joint Commission, a regular working procedure should be established in order to be able to resolve promptly and effectively the consultations and/or conflicts that arrive from the job centers.

The collective agreement of any field, must regulate the procedures to be applied in relation to each matter on which, by legal or conventional norm, the intervention of the Joint Commission, indicating the the time limits for communication and/or, where applicable, resolution; the documentation to be submitted by the undertaking or by any of the parties concerned and guarantees of hearing.

Stand-alone solution of labor conflicts.

The business and trade union confederations that are signatories to this Agreement are fully committed to strengthening the role of the autonomous solution organizations in each Autonomous Community and at the State level, by what they call the negotiating parties to promote their use, establishing in the framework of the collective agreement commitments and express references of use and active collaboration with the same in the procedures of mediation and/or arbitration in collective conflicts, including the arbitration pact especially in the (a) the application of the collective agreement and, where appropriate, individual agreements which may arise at the sectoral level or in the field of undertakings.

In the event that the organizations that have signed a sectoral agreement have chosen to constitute a specific mediation and arbitration body integrated into the system of autonomous conflict resolution, provided for in the 5th ASAC, they must regulate both the assumptions and the procedure to be followed in detail, in accordance with the contents of the V ASAC and the rules of operation of the SIMA Foundation, and must expressly request their incorporation into that system before The Commission for Monitoring the V ASAC.


Legal nature and areas of the Interconfederal Agreement

1. Legal nature and functional scope

• Signatory organisations, which have the status of more representative at the state level, directly assume the commitments of this Agreement and are therefore obliged to adjust their behaviour and actions to the agreed upon, each one of them can claim from the other the fulfillment of the agreed tasks or tasks.

• They also consider that the matters covered by the Agreement constitute interrelated elements and that the treatment of the various subjects in collective agreements may favour entrepreneurial activity and employment.

• The signatory confederations must intensify efforts to establish with their respective organizations in the sectors or branches of activity, without undermining the collective autonomy of the parties, the mechanisms and channels more appropriate to enable them to assume and adjust their behaviors for the application of the criteria, guidelines and recommendations contained in this Agreement, the nature of which is mandatory.

2. Time Scope

• Vigence: three years (2015 -2017).

• The signatory organizations will meet three months before the end of 2017, in order to begin negotiations for a new Interconfederal Agreement for collective bargaining with the validity to be determined.

3. Monitoring Commission

• A Follow-up Commission is constituted by three representatives of each of the signatory organizations of this Agreement.

• The Commission will have the task of interpreting, implementing and monitoring the agreement.

• At the request of a party, formulated through one of the signatory organizations, this Commission may institute its good offices in order to resolve any discrepancies in the interpretation and application of This is provided for in the negotiation of collective agreements.

• During the duration of the Agreement, the Monitoring Committee will have the task assigned to it, and will articulate the Working Groups that the parties agree with. In this regard, the Working Group on Equal Treatment and Opportunities, set up in 2014 and whose work, once completed, will be established, will be presented to the Monitoring Committee.

• The Monitoring Commission will approve its operating rules at the first meeting it holds.

By CEOE, the President, Juan Rosell Lastortras. -By CESME, the President, Antonio Garamendi Lecanda. -By CC.OO., the Secretary General, Ignacio Fernández Toxo. -By UGT, the Secretary General, Candido Méndez Rodríguez.