Resolution Of 8 Of June Of 2015, Of The Address General Of Employment, By Which Is Recorded And Publishes The Auto Of The Audience National By Which Is Rectifies The Sentence Relative To The Convention Collective State Of Them Companies Of Security For...

Original Language Title: Resolución de 8 de junio de 2015, de la Dirección General de Empleo, por la que se registra y publica el Auto de la Audiencia Nacional por el que se rectifica la sentencia relativa al Convenio colectivo estatal de las empresas de seguridad para el 2...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6816

Seen the Auto of 18 of mayo of 2015, of the room of it Social of the audience national, by which is rectifies the sentence No. 078 / 2015, dictated in car No. 361 / 2014 and 64 / 2015 (accumulated) on challenge of Convention collective, and taking in consideration them following background indeed first.

The resolution of this Directorate-General of employment, of May 13, 2015, which is ordered entered in the corresponding register of conventions and collective work agreements with operation through electronic means of the Steering Center and published in the Official Gazette was published in the Official Gazette of 29 may 2015 , the failure of the ruling of the Hall of audience Nacional No. 078/2015, of 30 April 2015, social security firms State collective agreement concerning for 2015 (Agreement No. 99004615011982 code).

Second.

According to the records of the Auto of May 18, 2015, referenced in the heading of this resolution, the legal representative of the Union ELA-STV, dated May 8, 2015, presented written requesting clarification of the sentence antecitada in its antecedent in fact 4th and in its ruling. And the room has agreed, in its operative of this car, the clarification of material error that occurred on the same.

Fundamentals of law first and unique.

In accordance with that established in article 166.3 of law 36/2011, on 10 October, regulating the social jurisdiction, when the sentence is annulment, in whole or in part, of the challenged collective agreement and this had been published, will also be published in the Official Gazette in which he has inserted.

As a result, this General direction of employment meets: first.

Order the registration in the corresponding record of conventions and agreements collective of work with operation through media electronic of this Center steering of the Auto of the room of it Social of the audience national, of 18 of mayo of 2014, by which is agrees clarify the error material produced in the antecedent indeed 4 ° and in the failed of the sentence of such room no. 078 / 2015 , of 30 April 2015 (published in the «official Gazette» from May 29, 2015) and concerning the collective state of 2015 security companies.

Second.

Have your publication in the Bulletin official of the State.

Madrid, 8 June 2015.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.

AUDIENCE NATIONAL-ROOM OF IT SOCIAL.

NIG.: 28079 24 4 2014 0000423M 01101.

N. º autos: 0000361 / 2014 and 64 / 15 (cumulative).

Subject: Impug. conventions.

AUTO Hon. Mr President: Don Ricardo wedding Martin.

Ilmos. Messrs. Justices: Doña Emilia Ruiz-Jarabo burned.

Don Ramon Gallo Plains.

In Madrid, to eighteen of mayo's two thousand fifteen.

Examined the proceedings, having been rapporteur for the Hon. Mr. Justice don Ricardo wedding Martin, appropriate decision according to the following: first facts.

30-04-2015 date is rendered its judgment in no. 361/14 and 64/15 (cumulative) followed to instance CC cars. OO. Construction and services; UGT Federation of services; USE and IGC and whose fault is of the following wording: «in the demand for collective challenge, promoted by UGT, CCOO, USE, adhered to the IGC, we estimate the exception of lack of action, invoked by the defendants, in what affects the invalidity of article 45.2 of the Convention in the sector of security 2012-2014, companies so we absolvemos to the defendants of this claim. "

We estimate the demand for challenging Convention, promoted by the IGC, which is joined by UGT, CC. OO. and USE and we nullify article 45.2 of the Convention in the sector of security companies by 2015 and we condemn APROSER, FÈS, AESPRI, AES, AMP and ACAES to be and go through such invalidity, as well as to be included in the remuneration of the holidays, as well as the concepts included in the table of fees of the annex, other add-ins job contained in article 66.2 of the agreement."

Second.

In both procedures was codemandado ELA-STV Union that appeared to act trial held the 29-042015 represented by the lawyer Doña Rosario Martin Narrillos, in whose Act, acceded to both demands, according to a report issued to the effect.

Third party.

Dated 08-05-2015 has been written by the legal representation of the essential ELA-STV requesting clarification of the statement in its antecedent in fact 4th and in the judgment of the same, in the sense of prompting noted that such trade union, adhered to both demands.

Fundamentals of law only.

The 267.3 article of the Judicial Organization Act of the power, in relation to article 214 of the LEC, allows the courts clarify some dark concept and modify at any time the omissions or defects that could suffer the judgments and cars that necessary remedy to implement them fully.

In the present case it is clear that Union ELA-STV acceded to demands 361/14 and 64/15 (cumulative) what must be his clarification on the requested terms.

In view of the aforementioned and other legal rules of general application, part operative room agrees clarification of material error which has occurred in the judgement of 30-04-2015 which is as follows: in the antecedent in fact 4th of the judgment shall include: the Union ELA-STV adhered to both demands.

The failure of the ruling will be in the following way: in the demand for collective challenge, promoted by UGT, CC. OO., USE, to which is adhered CIG and ELA-STV, estimate the exception of lack of action, alleged by them demanded, in what affects to the invalidity of the article 45.2 of the Convention of the sector of companies of security 2012-2014, by what absolvemos to them demanded of such claim.

We estimate the demand of challenge of Convention, promoted by IGC, to which is adhered UGT, CC. OO., USE and ELA-STV and nullify the article 45.2 of the Convention of the sector of companies of security for 2015 and condemn to APROSER, FES, AESPRI, AES, AMPES and ACAES to be and pass by such invalidity, as well as to include in the retribution of them holiday, besides them concepts included in the table of remuneration of the annex, them others complements of since of work contained in the art. 66.2 of the Convention.

Ratify the rest of the resolution in all its terms.

Against this car which forms part and parcel of the judgment cited above, is granted the same resource given against it.

Thus for this car, we pronounced it, sent and signed.

Diligence. - then ordered; meets I attest.