Having regard to the text of the Fifth State-wide Labour Agreement for the Hospitality Sector (ALEH V) (Convention Code No. 99010365011900), which was signed, dated March 25, 2015, by the Spanish Confederation of Hotels and Tourist Accommodation (CEHAT) and the Spanish Federation of Hotels (FEHR), representing the (a) companies in the sector, and, on the other hand, the trade union organizations Federation of Services for Mobility and Consumption of UGT (SMC-UGT) and the Federation of Services of CC.OO. (CC.OO. -Services), on behalf of the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text approved by Royal Legislative Decree 1/1995, of 24 March, and in Royal Decree 713/2010, of 28 May, on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

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.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, May 6, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

V STATE-WIDE LABOUR AGREEMENT FOR THE HOSPITALITY SECTOR (ALEH V)

Convention Code No. 99010365011900

PREAMBLE

The State-wide labor agreement for the hospitality sector (ALEH) is the result of collective bargaining at the state level of this sector, which was formally initiated on 20 February 1995 with the constitution of the Negotiating committee, responding to the need to replace the former Labor Ordinance for the Hotel Industry of the year 1974, in compliance with the then current transitional provision sixth of the Law of the Workers ' Statute.

The first ALEH was signed in Madrid on 13 June 1996 and was in force from its signature until 31 December 2000 and published in the "Official State Gazette" of 2 August 1996. The ALEH II, was signed in Bilbao dated 27 May 2002 and was in force from 1 January 2001 until 31 December 2004, published in the "Official State Gazette" of 1 July 2002.

The ALEH III was ratified in Barcelona on 4 March 2005, with effect from 1 January of that year until 31 December 2009, and was published in the "Official State Gazette" of 5 May 2005.

Thus, the State Federation of Trade Workers, Hostels-Tourism and Gaming of the General Workers 'Union (CHTJ UGT) (previous name), the State Federation of Trade, Hotels and Tourism of Workers' Commissions (FECOHT CC.OO.) (previous name), the Spanish Federation of Hostels (FEHR) and the Spanish Confederation of Tourist Hotels and Accommodation (CEHAT), as social partners most representative of the work sector of Hostelería, convinced of the need to have a collective bargaining base in The hotel sector in the state, for the best defense of this very important industry of our country, and of the interests of the workers and of the companies, that to each part they are own, have been renewing and extending through dialogue and social consultation the conventional sector of the hotel industry for the entire state territorial area.

In this same framework, a new agreement was reached on the test period, signed in the city of Palma de Mallorca (Illes Balears), in 2006, a pact published in the "Official State Gazette" ("BOE"). of 27 July 2006. In addition and in compliance with the additional provision of the EALH III, the working groups for the adequacy of the professional classification system and for the updating of the system were set up within the Commission. labour discipline, groups which raised their proposals to the Commission and which were approved by the Commission in Mijas (Málaga) in 2007, published in the "BOE" of 2 June 2007. These developments and modifications advised the drafting of a recast text of the EALH III, in a single and orderly body, to facilitate its knowledge and consultation, which was finally approved by the negotiating commission in the city of Oviedo. (Asturias) on 15 November 2007 and was published in the "BOE" of 25 February 2008. As a last milestone of this long road, on 24 July 2008, in Madrid, the social partners in the hospitality sector agreed to the signing of new pacts for incorporation into the content of the ALEH III, this time two new chapters, one, on the effective equality of women and men, and on the prevention of occupational risks and occupational safety and health, chapters which were published in the "BOE" of 12 September 2008.

Derived from its nature of the Framework Agreement, the ALEH seeks to establish the structure of the collective bargaining of the sector, proceeding to reserve matters to the state sector, which will not be able to be negotiated, nor object of regulation, in other areas or units of negotiation; whereas, in turn, the sectoral collective agreements of an autonomous or provincial-level community may establish the subjects which may be the subject of negotiation in other areas; collective, lower or enterprise procurement units.

The signatory parties have been renewing their commitment to continue the process of dialogue and collective bargaining in the state sector, which is therefore not interrupted by the signing of the ALEH, but continues during its term. of the periodic meetings to be held by the Commission, in order to continue incorporating the content of the text of the EHR and during the five-year period of validity established, new matters to be determined by the parties and on which agreements are reached.

Thus, and the expiry of the EALH III on 31 December 2009, once it was denounced, the new negotiating table was set up which was to proceed with the renewal of the text of the Labour Agreement. State of Hostelería, works that were initiated at the beginning of 2010, culminating in a principle of agreement between the intervening technical commissions, what happened in Madrid on July 21, 2010, consensus that makes up the text articulated of the new ALEH IV, which in ten chapters regulates the following subjects: (b) general; professional classification; probationary period of the employment contract; training contracts; vocational training; labour discipline; out-of-court settlement of labour disputes; effective equality of women and men; prevention of occupational risks and safety and health at work; and conventional subrogation in the subsector of social and social restoration and restoration, plus four annexes.

Thus, the State Federation of Trade Workers, Hostels-Tourism and Gaming of the General Workers 'Union (CHTJ UGT) (previous name), the State Federation of Trade, Hotels and Tourism of Workers' Commissions (FECOHT CC.OO.) (previous name), the Spanish Federation of Hostels (FEHR) and the Spanish Confederation of Hotels and Tourist Accommodation (CEHAT), in proof of conformity they signed a new conventional text that happened to integrate the The articles of the ALEH IV, which was ratified by the granting parties in the city of Santander (Cantabria), on 27 July 2010.

During the life of the ALEH IV there were adaptations of its articles derived from the need to incorporate new legal forecasts, particularly in the matter of professional classification with effects of December 31 2014 and under the premises laid down in the II Agreement for employment and collective bargaining (2012, 2013 and 2014). A new chapter on the right to professional promotion of workers was also incorporated.

In this same period, we have finally included in the text of the ALEH IV the Labor Foundation Hostels and Tourism as a joint agency of the sector.

On November 24, 2014, the business organizations CEHAT and FEHR proceeded to complete the formality of notifying the trade union organizations SERVICIOS-CCOO and SMC-UGT of the complaint of the ALEH IV, according to as provided for in Article 7 and in order to facilitate its renewal.

The signing of the ALEH V represents a new renewal of the conventional framework of the hospitality sector at the state level, for a new five-year period, which reinforces the determined will to maintain a stable collective bargaining area. with a vocation to remain, even beyond the initial term of renewal previewed in the new ALEH V, in the belief that it is an instrument of capital importance in the defense of the own sector of the hotel and also of the interests of its workers and their companies.

This ALH V incorporates into a recast text the regulations agreed upon during the development of the continuous negotiation period developed during the validity of the ALH IV, which have already been mentioned above, and also adjustments are made in their articles, specifically in the definition of the functional area and in the disciplinary system, which are derived from the need to adapt their regulation to make it more coherent. The chapter on training contracts is also amended, with the aim of collecting the new legal regulation affecting them.

The content of the new ALEH has been incorporated into the new EALH, the first of which is to provide its Joint Commission with important powers of intervention in situations of blocking in the negotiation processes. In order to facilitate the proper development of the process of negotiation, the Commission will, at the request of the parties legitimized in the relevant territories, respect the freedom and autonomy of the will of the relevant negotiating units, in order to facilitate the proper development of the negotiation to prevent the disappearance of appropriate areas of collective bargaining and the (a) the implementation of sectoral collective agreements and the consequent conventional vacuum of regulation. The second innovation is reflected in the regulation of the structure of collective bargaining in the sector, one of the most important nuclei of the content of the ALEH derived from its condition of a framework agreement, reinforcing its role of the structure of the sector, foreseeing the eventual opening of new subsectorial areas of the State, adequate and articulated to the ALEH, and the follow-up of the collective bargaining sector through the realization and maintenance of the map of the same in the sector of the hospitality of our country. Finally, the creation of sectoral professional meat is envisaged as a tool to promote employability and professionalism in the sector.

On December 22, 2014, the negotiating commission of the EALH V was formally established and it is necessary to sign in Madrid on March 25, 2015 the V State Labor Agreement of the sector of Hostelería.

CHAPTER I

General provisions

Article 1. Signatory parties.

Both representations, trade union and business, reiterating the mutual recognition of legitimization and representativeness as interlocutors in the state field of collective bargaining of the sector of the Hotels, sign the V Agreement State-wide employment for the hospitality sector (ALEH V).

The Federation of Services for Mobility and Consumption of the General Workers 'Union (SMC-UGT) and the Federation of Workers' Commissions Services (CC.OO. -Services) are signed by the Federation of Services for the Mobility and Consumption of the General Workers ' Union (SMC-UGT). on the other hand, as business representative, the Spanish Confederation of Tourist Hotels and Accommodation (CEHAT) and the Spanish Federation of Hotels (FEHR).

Article 2. Legal nature.

This Agreement is of general effectiveness and has been negotiated and agreed upon, in accordance with the powers provided for in Title III of the Workers ' Statute.

Article 3. Personal scope.

This Agreement applies to the employment relationships of companies and workers, who provide their services for those through employment contracts, as provided for in Article 1.1 of the Staff Regulations. Workers.

Article 4. Functional scope.

This Agreement applies to businesses and workers in the hospitality sector.

Companies, whatever their ownership and social object, are included in the hospitality sector, whether on fixed or mobile facilities, whether on a permanent, seasonal or temporary basis, clients in hotels, hostels, residences, houses marketed for tourist purposes, apartments that provide some hostel service, spas, hostels, pensions, motels, rural accommodation, camping centers and, in general, all those establishments which provide accommodation services to clients; include companies providing food and drink service activities for their consumption by the customer, in restaurants, catering, collective dining rooms, modern catering chains; fast food outlets: pizzerias, burgüeseries, Bocadileries, creperias; cafes, bars, cafes, breweries, taverns, freidurias, beach bars, pubs, terraces of sailboats, kiosks, cruders, ice-cream shops, chocolate shops, tastings, tea rooms, "Internet cafes", gastro-bars, kebabs, ambiguities, dance halls or discos, cafes-theatre, tables, bills and recreational rooms, as well as food or beverage services in gambling casinos and bingos.

The relationship is not exhaustive, so it can be extended or supplemented with activities not included in it that appear in the National Classification of Current or Future Economic Activities. The inclusion, if any, will require prior agreement of the Negotiating Commission of this Agreement.

Article 5. Territorial scope.

This Agreement is applicable throughout the Spanish territory, also applying to workers hired in Spain by Spanish companies to provide services abroad, without prejudice to the rules of applicable public order in the workplace.

Article 6. Temporary scope.

This Agreement subscribes with a vocation of permanence and conventional regulatory stability. The parties agree to a further period of validity of the Agreement, from 1 January 2015 to 31 December 2019.

During the period referred to in the preceding paragraph, the provisions of this Agreement shall be incorporated into the text of this Agreement, the covenants to be reached in the review and negotiation procedure agreed between the representative parties. of this sector-wide state of the hotel industry.

Article 7. Denunciation of the agreement.

Without prejudice to the fact that the parties reiterate their commitment to establish in the State-wide sector of Hostelería a conventional regulation of a stable nature, they agree to the possibility of denunciation of this Agreement by any party. of the organizations that have signed the agreement during the last quarter of its term, which must be done, if necessary, by written communication to the other signatory organizations and to the labor authority.

If no express complaint is made by the parties, the Agreement shall be extended from year to year.

The provisions of Article 86 of the Workers ' Statute will apply as far as the previous paragraph is concerned, and the validity of the Agreement will not be lost until a new one is reached.

Article 8. Binding to the entire.

This Agreement forms an organic and indivisible whole, so if, by a firm judgment of the competent jurisdiction, any substantial part of its articles is declared void, the entire Agreement shall be deemed to be equally void, except that the intervention of the negotiating commission will be requested by some of the undersigned organisations and, within the maximum of three months to count from the firmness of the judgment, will give solution to the question raised, reaching a new agreement on the article or subject affected by the judgment.

Article 9. Joint Commission.

1. Designation. A Joint Committee of the Parties to the Agreement is hereby appointed, composed of representatives of the employers ' organisations and representatives of the trade union organisations.

2. Powers of the Joint Committee. The duties of the Joint Committee shall be as follows and all matters laid down in the law, and any other matters shall be arroganated to it:

a) Interpretation of the text of this Agreement.

b) Tracking your application.

c) The knowledge and resolution of questions arising from the application and interpretation of this Agreement shall be the responsibility of the Joint Committee, as well as the intervention on the basis of a formal conflict approach collective in the field of non-judicial proceedings arising from the application and interpretation of the Agreement or before the competent judicial body.

d) Mediation and arbitration for the settlement of collective disputes regarding the application and interpretation of the Agreement, in accordance with the rules provided for in the Fifth Agreement on the Autonomous Solution of Labor Conflicts (ASAC V). To this end, the Joint Committee shall draw up the list of mediators and arbitrators; encourage the use of mediation and arbitration procedures as a means of resolving labour disputes; and analyse the results of such procedures. procedures according to the relevant studies and reports.

(e) In cases of inapplication in the undertaking of the working conditions provided for in this Agreement, if there is disagreement during the period of consultation either party may submit the discrepancy to the Commission. paritaria. At the time of the implementation of the application procedure, the Joint Committee must be informed and, if agreement is reached between the parties, it must also be notified to the Joint Committee within a maximum of 15 days of its subscription. The Joint Committee shall keep an ad hoc register.

f) Development of those precepts that the negotiators of this Agreement have attributed to the Joint Commission, carrying out the necessary definitions or adaptations.

Agreements to be adopted by the Joint Committee on matters of general interest shall be considered as part of this Agreement and shall be of the same binding effectiveness. Such agreements shall be referred to the labour authority for registration and official publication.

3. Regulation of operation. For the performance of its tasks, the Joint Committee shall meet whenever required by any of the signatory organisations, or by the associations or trade unions incorporated therein, after written communication to the Commission. effect indicating the points to be dealt with on the order of the day.

The meetings of the Joint Committee shall be held within the term that the circumstances advise in the light of the importance of the case, which shall in no case exceed 30 days after the receipt of the request. of intervention or meeting. If the Commission has not met that deadline, the intervention of the Commission shall be deemed to be exhausted, and the applicant may exercise any action it deems appropriate. The above, without prejudice to other deadlines that are legally established or come from legal requirements.

The Joint Committee shall be validly understood to be present, present or represented, the majority of each of the two representations that make up the Joint Commission, with the parties being able to attend the advisers ' estimates are appropriate.

The agreements of the Joint Commission, for their validity, will require the favourable vote of the absolute majority of each of the two representations.

4. Addresses of the committee. For the purposes of notifications, applications and calls, each of the offices of the business and trade union organisations which are signatories to this Agreement shall be established as the address of the Joint Commission, which shall be as follows:

Spanish Hostels Federation (FEHR).

28223 Pozuelo de Alarcón (Madrid). Path of the Huertas, 18-1. º

Email: fehr@fehr.es

Spanish Confederation of Hotels and Tourist Accommodation (CEHAT).

28020 Madrid. Calle Orense, 32-1. º

Email: comisionparitaria@cehat.com

Federation of Workers ' Commissions Services (CC.OO. -Services).

28043 Madrid. Calle Ramírez de Arellano, 19-5. ª Pl.

Email: servicios@servicios.ccoo.es

Federation of Services for Mobility and Consumption of the General Workers ' Union (SMC-UGT).

28002 Madrid. Avenida de América, 25-4. º

Email: hosteleria.turismo@smcugt.org

They will be able to direct communications and requests to the Commission for the administrative and judicial authorities, the out-of-court settlement bodies and the trade union and business organisations integrated in the any of the entities that are signatories to this Agreement.

Both companies and the unit or union representations of workers will be able to direct communications and requests to the Joint Commission whenever they do so through some of the organizations. signatories to this Agreement.

For the purposes of understanding the issues attributed to the Joint Committee, it will act as a single commission, composed of six representatives of the business side and six representatives of the trade union side, which will be designated by the signatory organisations, respectively, with the following details:

By the business side	By the union
CEHAT: 3 representatives.	SMC-UGT: 3 reps
FEHR: 3 reps.	CC. OO. -Services: 3 reps.

5. Blocking in collective bargaining processes. The forecast contained in the validity of the collective agreements in Article 86.3 of the Workers ' Statute, which assumes that one year has elapsed since the denunciation of the collective agreement without the agreement of a new agreement or diktat the arbitration award shall, unless otherwise agreed, be in force and shall apply, if any, the collective agreement of a higher scope which is applicable, determines the need for the means to be established in this Agreement; respect for the freedom and autonomy of the will of the corresponding negotiating units, with the to facilitate the proper development of the negotiation process that avoids the disappearance of suitable areas of collective bargaining and the decay of the validity of sectoral collective agreements and the vacuum of conventional regulation accordingly.

In this regard, the parties to this Agreement reiterate their concern about possible situations of conflict in the sector, and therefore offer mechanisms for their sectoral autonomous solution.

In this framework, the parties at the state level of collective bargaining in the hospitality sector agree as follows:

(a) Adwant the commitment to promote the negotiation of the substitution of the collective agreements denounced through the legitimized parts in the corresponding territorial areas of collective bargaining.

(b) The legitimate parties in the above territorial areas, in compliance with the legal duty to negotiate, shall seek to renew and replace the sectoral conventions complained of.

c) The legitimized parties will try to reach agreements before the year since the denunciation of the agreement. Exceptionally, for conventions which have now exceeded one year since the complaint, a period of six months shall be opened, from the date of the publication of this Agreement, in order to be able to submit to the mediation of the Joint Committee of the present Agreement as set out in points (d), (e), (f), (g) and (h) of this paragraph.

d) The agreement reached shall have the validity and effectiveness of the legitimate parties to determine, avoiding, where appropriate, periods of failure to apply the convention.

(e) Where the negotiating parties in the lower areas referred to above do not reach agreement before the year of the complaint, they may request submission to the mediation of the Joint Committee of this Agreement. which, where appropriate, shall designate a specific commission, consisting of the Interconfederal Mediation and Arbitration Service (SIMA).

f) In the framework of the mediation, which will be subject to the rules and procedures foreseen in the ASAC V (extra-judicial system), the ad hoc commission created will propose formulas for the renewal and updating of the collective agreements.

g) If the parties have not taken up the proposals raised in the mediation, an arbitration procedure may be called for, in which case the corresponding award will be made, in which the Regulation that replaces the one contained in the collective agreement denounced. The arbitration shall be entered into by the parties entitled to the arbitration and shall be settled in the dispute settlement systems of the relevant autonomous community.

(h) If any of the parties agree to the rules of mediation before related, it shall be within the meaning of the second subparagraph of Article 12 (5) ASAC.

Article 10. Structure of collective bargaining.

1. This Agreement, in addition to its status as a collective agreement on specific matters, has a framework and structure agreement of those governed by Article 83.2 of the Workers ' Statute.

2. This Agreement holds a position of renewed pre-eminence in the system of collective bargaining in the hospitality sector, the same being the only one with competence in the entire sector in determining the structure of collective bargaining, the rules for resolving concurrency conflicts of conventions of a different scope, and matters which cannot be negotiated in lower areas.

3. The matters contained and governed by this Agreement shall be reserved for the State Sector, unless expressly provided by the Negotiating Committee of the Agreement, and without prejudice to the provisions of Article 84.2. of the Workers ' Statute.

The articulated texts of collective agreements of a lower or specific scope may in no case reproduce literally the contents of this Agreement in the case of articles or subjects regulated therein, The granting of such agreements should be limited to making, where appropriate, a referral to it.

4. Where new matters are reviewed or negotiated and incorporated into the content of this Agreement, the parties shall determine in each case whether they are reserved for the scope of this Agreement and cannot be negotiated accordingly in other lower areas. not different, or whether their regulation may be supplemented by other conventional provisions in other collective bargaining units, in the terms set out by the negotiating body of this Agreement.

5. The parties establish the structure of collective bargaining throughout the hospitality sector on the basis of this Agreement, the specific sub-sectoral collective agreements which, where appropriate, are agreed upon, and collective agreements sectoral areas of autonomous or provincial community, without prejudice to the provisions of paragraph 8 of this Article.

For this purpose, the following conventional scopes and scopes are defined:

a) State sector scope. It covers the entire Spanish territorial scope and applies to all companies and workers within their functional and personal fields.

b) Autonomous and provincial sectoral scope. It covers only these areas of negotiation the sectoral and sub-sectoral collective agreements currently in force at these conventional levels, so that no new areas can be created, except for agreement within the Joint Committee. of this Agreement.

c) Business scope. Includes statutory collective agreements, which affect the scope of undertakings, undertakings, groups of undertakings or a plurality of undertakings linked to those referred to in Article 87 (1) of the Staff Regulations, the activities of which are included in the functional scope of this Agreement.

In the areas of negotiation described in points (b) and (c), the subjects of negotiation which are not in accordance with this Agreement may be established, without prejudice to those laid down in the paragraph in the Article 84 of the Staff Regulations.

6. When new materials are reviewed or negotiated and incorporated into this Agreement, the regulations on the same contained in collective agreements of lower or different areas shall remain in force until the initial completion of their scope temporary, except that by a pact of the parties legitimized in those areas they decided to apply the new regulations agreed in this Agreement.

7. At present they are matters reserved for the State sector, which cannot be negotiated at different levels and without prejudice to the provisions of paragraph 3 of this Article: structure of collective bargaining; classification (i) vocational training; vocational training; period of trial; training contracts; vocational training at the state level; labour discipline; minimum standards for the prevention of occupational risks in the workplace; State-wide, autonomous solution of labour disputes at the state level; and business subsector subsector.

8. In this framework of state negotiation, general criteria for other matters other than those set out above, which will have to be supplemented and developed at the lower levels of negotiation, may be regulated.

These are matters of this Agreement, although not exclusively reserved to it, the general criteria that are established or established on the matters listed below:

a) Autonomous solution of lower-than-state labor conflicts.

b) Effective equality of opportunity and non-discrimination of women and men.

c) Geographic mobility.

d) Measures to promote the reconciliation of work, personal and family life.

e) Trade union rights and information and consultation arrangements in industrial relations.

9. In order to carry out and maintain a map of collective bargaining in the hospitality sector, which reflects in a systematic and detailed way the totality of the existing agreements in the sector, obtaining useful and updated information on their validity, effects, contents and evolution, in the case of establishing a new scope of negotiation or renewing it, within those listed in this Article, in the form of a collective statutory agreement, shall be communicated, on a prior basis, to the Joint Committee on this Agreement.

CHAPTER II

Professional classification

Article 11. Professional classification system.

1. The system of professional classification of workers providing services in companies falling within the scope of this Agreement through professional groups is established.

The criteria for defining professional groups have been adapted to common rules for working people of one sex and another, with the aim of ensuring the absence of direct and indirect discrimination between women and men.

A professional group shall be assigned to the worker or to the worker by agreement with the employer, while establishing as the content of the labour supply the work contract shall be carried out functions corresponding to the assigned professional group, within the functional area where it is framed, as regulated in this Chapter.

2. In written contracts of work and in salary receipts, in the field for the former category or professional group, the latter shall be indicated and in addition the occupation or job for which the worker was initially employed or working, according to the nomenclature of the same set out in Article 15 of this Agreement.

Article 12. Professional groups.

1. A professional group means a group of professional qualifications, qualifications and general content of the benefit, which may include different tasks, functions, professional specialties or responsibilities assigned to them. worker and worker in the functional areas described in Article 14 of this chapter, as defined by Article 22.2 of the Staff Regulations.

Professional groups are determined by the joint weighting of the framing factors defined in Article 13 of this Chapter.

The professional groups covered by this Agreement are merely enunciative, not assuming any obligation to have them all covered in the scope of each company, as well as not all tasks, functions, specialties, responsibilities or functional areas as defined in this Chapter, if the organisation, volume or needs of the activity of the work centre does not require the employer's discretion.

Three professional groups are determined for the purposes of this Agreement:

2.a) Professional group first. Controls. General criteria.-It is understood by command, including the intermediate command, who, on his own initiative and within the rules established by the employer or person in whom the latter delegate, exercises functions of a technical nature, command or organisation. The workers assigned to this group, plan, organize, direct, coordinate and control the activities of their own development.

The tasks of this professional group represent a high degree of knowledge, autonomy, initiative and full responsibility for the management of one or more functional areas of the workplace, based on general guidelines very large directly emanating from the employer or person in whom the employer is delegated.

It also includes the realization of complex tasks with definite and concrete objectives and must give account of their management to some of the workers who provide services as controls, as well as the realization of tasks of integration, coordination and monitoring of the execution of heterogeneous tasks with the responsibility of ordering the work of a set of workers. Workers assigned to this professional group will be able to perform complex but homogeneous tasks that may involve command responsibility.

2.b) Training. -Titling or professional knowledge acquired in the performance of their functions equivalent to high or medium grade studies completed with extensive experience in the sector.

3.a) Second professional group. Technicians and Specialists. General criteria.-Realization of self-employed work requiring the carrying out of qualified tasks that demand initiative and knowledge of their profession, job or job, taking responsibility for the work, carrying out functions consistent with the execution of operations which, even if carried out under direct supervision, require adequate professional knowledge and technical and practical skills, and may be assisted by other workers.

Also included are the tasks performed according to a precise working method, with a high degree of supervision, which usually require specialized professional knowledge and a short period of adaptation.

3.b) Training. -Titling or knowledge acquired in the performance of their profession equivalent to a school graduate or vocational training.

4.a) Third professional group. Assistants. General criteria-areas that are implemented according to specific instructions, under the dependency and supervision of other workers. Mainly, they do not necessarily require physical effort and attention.

4.b) You need the specific training corresponding to the assigned functions.

5. The remuneration system and the salary amount, as well as the structure of the salary, shall be determined in accordance with Article 26.3 of the Staff Regulations, by collective bargaining at the lower or lower territorial level. personal or functional scope specified in this Agreement or, failing that, in the individual contract.

In addition to collective bargaining of a lower territorial scope or a specific personal or functional area referred to in the preceding paragraph, the different levels of remuneration within each group shall be determined. in accordance with the assessment of the basic functions and tasks carried out by workers in the sector in accordance with the descriptions of the labour supply laid down in Article 17 of this Agreement, criteria that are customary to be applied.

Article 13. Professional framing factors.

In the system of classification of workers and workers falling within the scope of this Agreement and their assignment to a professional group, the following factors have been weighted: autonomy, training, initiative, command, responsibility and complexity.

In the assessment of the above factors, they have been taken into account:

a) Autonomy, understood as the greatest or least hierarchical dependency in the performance of executed functions.

b) Training, conceived as the necessary knowledge to be able to fulfil the agreed labour supply, the continuing training received, the experience gained and the difficulty in acquiring the complete training and training baggage experiences.

c) The initiative, referred to as the greatest or least follow-up or subject to guidelines, guidelines or standards in the execution of the functions.

(d) The command, configured as the faculty of supervision and management of tasks, as well as the capacity for interpellation of the functions performed by the group of workers on which it is exercised and the number of members of the same.

e) The responsibility, appreciated in terms of the greater or lesser autonomy in the execution of the functions, the level of influence on the results and the relevance of the management on the human resources, technical and production.

f) The complexity, understood as the sum of the above factors that affect the functions developed or job performed.

Article 14. Functional areas.

1. Functional areas. -In order to order the functional structures based on professional groups of the business activities, as well as to enhance the internal flexibility making appropriate use of the functional mobility, both ordinary and In order to improve the stability of jobs and to optimize the employability of workers in different functional areas, the set of tasks, functions, professional specialties or responsibilities arising from the various skills, qualifications and general content of the Labour supply in the hospitality sector is distributed in six functional areas:

Functional area first. -Reception-Consercraft, Public Relations, Administration, and Management.

Functional area second. -Kitchen and Economate.

Functional area third. -Restaurant, Room, Bar and the like; Collectivities and Track for Catering.

Fourth functional area-Floors and Cleanup.

Functional Area Fifth. -Maintenance and Auxiliary Services.

Functional area sixth. -Complementary services.

The definitions of the activities of the functional areas described below have a purely enunciative and indicative character, not assuming any obligation to have them covered all in the field of each company, if the organization, volume, or needs of the business does not require it.

2. Functional areas activities.

a) Functional area first: accommodation and derivatives sales services, attention, access-exit and customer transit, billing and cash, telecommunications, management and general management.

b) Second functional area: food preparation and processing services for consumption, procurement, storage, conservation-management of food and goods, cleaning and preservation of supplies, machinery and areas job.

c) Third functional area: customer support services for food and beverage consumption, storage and administration of equipment and goods, preparation of services and work zones.

d) Fourth functional area: general conservation and cleaning services, customer service in the use of services, preparation of work areas, laundry services, lingerie, furniture and decoration preservation.

e) Fifth functional area: maintenance and maintenance services of machinery and facilities, additional work of the main activity, repairs of useful and work items, preservation of areas and buildings.

f) Functional area sixth: leisure, sport, animation, recreation and relaxation services, as well as thermal services, beauty, health and the like, provided directly by hospitality companies with complementary character to the hostelera main activity.

Article 15. Occupations and jobs of functional areas.

In order to facilitate the framing in the relevant professional group, the different tasks, functions, professional specialties or responsibilities arising from the different skills, qualifications and general content of the According to the empirical nomenclature based on the uses and customs in the field, the work supply is related to the following in a purely enunciative way and does not exclude the jobs of the six functional areas.

A) Functional area first: Reception-concierge, PR, administration, and management.

Receiving:

Head/Receive.

2. Head/Receive.

Receptionist.

Telephone.

Concierge:

First/Concierge.

Concierge.

Helper/Receive and/or Concierge. Auxiliary reception and/or concierge.

Public Relations:

Public relations.

Administration and Management:

Head/Administration.

Technical/occupational risk prevention.

Head/a Commercial.

Commercial.

Administrative/a.

Assistant/Administrative.

B) Second functional area: Kitchen and economics.

Cooking:

Head/Kitchen.

2. Head/kitchen.

Head/Catering.

Head/Starting.

Cook/a.

refuelling/a.

Helper/kitchen.

Auxiliary kitchen.

Economate:

Chargé/a economato.

Helper/to economate.

C) Third functional area: Restaurant, room, bar and the like; caterers and caterers for catering.

Restaurant and Bar:

Head/Restaurant or Room.

2. Head/restaurant or room.

Head/Sector.

waiter/a.

Barman/Barwoman.

Sumiller/a.

Assistant/a waiter.

Modern Restore:

Center Manager.

Modern restore/monitor.

Modern restoration/preparation.

Modern restore wizard.

Collectivities:

Monitor/Collectivities.

Monitor/a or caregiver/a collectivities.

Collectivities wizard.

Catering:

Head/Operations Catering.

Head/Room Catering.

Monitor/Catering.

Driver/Team Catering.

Assistant/Team Catering.

Preparer/a catering.

Assistant/to assembler/to catering.

D) Fourth functional area: Flooring and cleaning service.

Floors and Cleaning:

Ruler/a or Encharged/General.

Subruler/a or Enloaded/a section.

waiter/floor.

Auxiliary floors and cleaning.

E) Fifth functional area: Maintenance and ancillary services.

Maintenance and auxiliary services:

Head/catering services.

Charge/maintenance and ancillary services.

Charge/maintenance and technical services catering; or fleet; or facilities and buildings.

In-charge/a section.

Maintenance and auxiliary services specialist.

Specialist maintenance and technical services catering; or fleet; or facilities and buildings.

Auxiliary maintenance and services.

F) Functional area sixth: Complementary services.

Additional services:

Responsible service.

Technician/service (physiotherapist, dietitian and other graduates in Health Sciences).

Specialist service (rescue or specialist first aid, animator/tourist or free time, monitor/a sports/a, pricks, masseur, chiromasista, esthetician, thermal specialist or spa, hydrotherapist and specialist customer support).

Auxiliary service (auxiliary customer service and auxiliary pool or spa).

Article 16. Assignment to professional groups by occupations.

The framing in the professional groups covered in this Chapter, the different tasks, functions, professional specialties or responsibilities derived from the different aptitudes, degrees and general content of the employment, according to the empirical nomenclature based on the uses and customs of the jobs in the hospitality sector, following a hierarchical order in the occupation, are related below, always following a criterion merely enunciative.

) Professional groups in the first functional area. Reception-Consermaking, Public Relations, Administration and Management
Professional Group first.	Head/Receive. 2. th Head/a Receipt. Head/a Commercial. Head/Administration. First/Concierge
Professional Group second.	Receptionist. Conserje. Administrative/a. Public Relations. Commercial. Technic/to Job Risk Prevention. Help/Receive and/or Concierge. Telefonista. Assistant/Administrative.
Group third-party professional.	Auxiliary receive and concierge.

B) Professional groups in the second functional area. Kitchen and Economate

group first.	Head/kitchen. 2. head/kitchen. Group second.
Head/a. Cook/a. The_table_table_izq"> Repostero/a. Enloaded/to economate. Help_body. Help/to economate.
Professional Group.	Auxiliary cook/economate.

C) Professional groups in the third functional area. Restaurant, Room, Bar and the like, Collectivities, and Track for Catering

Group first	Head/Restaurant or Room. 2. th Head/Restaurant or Room. Head/Catering Operations. Center Manager
Group second	Head/Sector. Barwoman/Barwoman. Subtier/Barwoman. Head/To Catering Room. Monitor/Catering. Monitor/Collectivities. Modern restore/monitor. Preparing/to catering. Driver/team catering. Preparing/a modern restore
Professional Group	Help/a waiter. Help/Team Catering. Monitor/a or caregiver/a collectivities. Attending/Collectivities. Assistant/preparer/assembler catering. Assistant/a modern restore.

D) Professional groups in the fourth functional area. Floors and Cleanup

Group first.	Ruler/a or Enloaded/General. Subruler/a or Section.
group second.	Camarero/to floors
Group professional third.	Auxiliary floors and cleanup.

E) Professional groups in the fifth functional area. Maintenance and Auxiliary Services

group first.	Head/to catering services. Enload/to Maintenance and Auxiliary Services. Enloaded/to maintenance and technical services catering (fleet or installations and buildings)
Professional Group second.	Enloaded/to section. Maintenance and Auxiliary Services Specialist. Maintenance and technical services catering (fleet or facilities and buildings)
Third Professional Group.	Auxiliary Maintenance and Auxiliary Services.

F) Professional groups in the sixth functional area. Complementary services

group first.	Responsible service.
Professional Group second.	Technician/service (physical therapist, dietitian, and other Health Sciences graduates). Service Specialist (first aid or specialist first aid, tourist/tourist or leisure time, monitor/sports/a, pricks, masseur, quiromasajista, esthetician, thermal specialist or spa, hydrotherapist and specialist customer care)
	professional group.	Auxiliary service (auxiliary customer care and pool or spa auxiliary)

The nomenclatures of the occupations of the professional group third of the functional area third of this article, that is, those that were called "auxiliary collectivities", "auxiliary preparer/montador catering" and " auxiliary "modern restoration" will be referred to as "assistance/to collectivities", "asisten/to preparer/monger catering" and "modern restoration", without any alteration in the description of the work, activities, posts and tasks of the area referred to in Article 17.

Article 17. Basic functions of the labour supply.

The occupations and jobs provided for in this Agreement shall be without prejudice to any other than is determined or agreed between the parties, the reference of the prevailing tasks contained in the Agreement. the following relationship, depending on the area or functional areas in which they provide their services.

A) Descriptions of the work benefit, activities, jobs and tasks of the functional area first:

(a) Head/Reception: to perform in a qualified and responsible manner the direction, control and monitoring of the set of tasks that are developed in the reception department. Organise, direct and coordinate the work of the staff in your office. Direct, monitor, and schedule the collection of activities in the receiving department. Coordinate and participate with other departments in the management of the establishment. Collaborate with the management of the establishment and/or with other departments. Collaborate in the instruction of the staff in your office.

(b) Second/Chief Reception: to perform in a qualified and responsible manner the management, control and monitoring of the set of tasks that are developed in the receiving department. Collaborate and replace the Head/Head of the reception of his/her own tasks.

c) Head/Commercial: to perform in a qualified and responsible manner the direction, planning and organization of the business strategies of the companies. Develop the business strategies of the company. Coordinate with tour operators and operators for the concentration of sales campaigns and commercial concerts. Lead the promotion policy. Collaborate in the instruction of the staff in your office.

d) Head/Administration: to perform, in a qualified, autonomous and responsible manner, the management, control and monitoring of accounting and administrative activities. Organise, direct and coordinate the work of the staff in your office. Plan and organize the accounting and administrative management departments of the companies. Direct and monitor administration work processes and systems. Collaborate in the instruction of the staff in your office.

e) First/a Conserje: to perform in a qualified manner, the management, control and monitoring of the set of tasks that are developed in the department of concierge of the establishments. Direct, monitor and plan the tasks of the concierge department. Collaborate and coordinate the tasks of the department of concierge with those of the other departments. Organise, direct and coordinate the work of the staff in your office. Collaborate in the instruction of the staff in your office.

f) Receptionist: to perform in a qualified manner, with initiative and responsibility the reception of the clients and all the tasks related to it. Execute the customer support tasks at the reception. Make the arrangements related to the occupancy and sale of the rooms. Guard the valuables and money deposited. Carry out duties of billing and collection, as well as foreign exchange. Receive, process and direct customer complaints to the appropriate services.

g) Conserje: to carry out, with the initiative, autonomy and responsibility of the assistance and information to the clients and the corresponding administrative works. Attend to the client in the services of the concierge. Inform customers about the services of the establishments. Perform customer service tasks on the requested services. Receive, process and direct customer complaints to the appropriate services.

h) Administrative/a: perform in a qualified, autonomous and responsible manner the administrative, file and accounting tasks corresponding to its section. Draw up accounting documents. Perform registration, control and file of correspondence and billing. Perform management of the company's accounting. Charge invoices and make payments to suppliers. Perform foreign currency exchange operations.

i) Public relations: to perform in a qualified, autonomous and responsible way of the relations with the clients and to organize recreational or recreational activities in the establishments. Receive and accompany those clients that the address indicates. Inform customers of all services that are at your disposal. Provide your services both inside and outside the establishment. Manage the reservations of any service offered by the company.

j) Commercial: to perform in a qualified, autonomous and responsible manner, the development of the planning of the commercial strategies of the company. Collaborate with the Chief Commercial Officer in the development of the business policy of the establishment. Coordinate with other departments the development of the company's promotion policy. Collaborate on measures and advertising actions.

k) Technical/Occupational Risk Prevention: to perform in a qualified, autonomous and responsible manner, the development and implementation of the planning and other safety and occupational health obligations in the company.

l) Help/Reception: participate with some autonomy and responsibility in the reception tasks, helping the head of reception and receptionists. Collaborate on the receptionist's own tasks. To pay attention to the public in the auxiliary tasks of reception. Perform simple tasks of the reception. In companies where the tasks inherent in this department are assumed by the employer, natural person, perform the functions of the service at reception under the supervision and guidelines emanated directly from the same person or person in whom the delegate. Perform tasks derived from the occupation profile.

m) Help/Consercraft: participate with some autonomy and responsibility in the tasks of concierge assisting the head of department and the janitors. Assist, inform and advise clients. Transmit to customers phone calls, correspondence or messages. Collaborate on the tasks of concierge. Perform tasks derived from the occupation profile.

n) Telefonista: make the telephone service in connection with the reception department. Servicing the telecommunications services. Record and bill phone calls. Perform fax, telex, e-mail, and other customer support services.

n) Adjutant/to Administrative: to be in charge of some autonomy and responsibility for administrative activities. Perform typing, computer and document archiving tasks in your area. Assist in the processing and recording of correspondence. Collaborate in the accounting records. Perform tasks derived from the occupation profile.

o) Auxiliary Reception and Consercraft: auxiliary in the tasks of reception and concierge, as well as the supervision of facilities, equipment and materials of the establishments. Carry out the control, storage and transport of the luggage of the clients in the premises of the hotel or the doors of access to it. To be responsible for the execution of simple procedures and orders, both inside and outside the establishment. Collaborate in the maintenance of order and cleanliness in the reception and concierge areas. Monitor the facilities and communicate the incidents to the appropriate department. Control the entry and exit of objects, goods, suppliers and personnel. Take charge of driving and parking the vehicles of the clients, at their request, as well as their surveillance and custody.

B) Job benefit descriptions, activities, jobs and tasks of the second functional area:

(a) Head/Kitchen: perform in a qualified manner, functions of planning, organization and control of all the tasks of the kitchen and pastry department. Organise, direct and coordinate the work of the staff in your office. Lead and plan the set of activities in your area. Carry out inventories and controls of materials, goods, etc., for use in the department of their responsibility. Design dishes and participate in their elaboration. Make proposals for goods and raw materials orders and manage their conservation, storage and performance. Supervise and control the maintenance and use of machinery, materials, tools, etc., of the department, carrying out the corresponding inventories and replacement proposals. Collaborate in the instruction of the staff in your office.

b) Second/a Head to Kitchen: to perform in a qualified manner the functions of planning, organization and control of all the tasks of the department of kitchen and pastry. Collaborate and replace the Head of the kitchen with the tasks of the Head.

c) Chief Catering: to perform in a qualified and responsible manner the management, control and monitoring of the process of food processing and distribution. Organize, control and coordinate the entire process of preparation and distribution of production in his capacity. To ensure that production meets the required conditions, both hygienic and assembly. Organize, instruct and evaluate the staff in your position.

d) Head/Party: perform in a qualified manner the functions of control and supervision of the item and/or service assigned to him under the direction of the head of the kitchen. The same of the cook/a, and also: Participate in the control of supplies, conservation and storage of goods. Prepare reports on the management of the resources and processes of your departure and/or service. Collaborate in the instruction of the staff in your office.

e) Chef: perform in a qualitative, autonomous and responsible manner, the preparation, dressing and presentation of dishes using the most suitable techniques. Collaborate on the ordering and preservation of raw materials and use products in the kitchen. Prepare, cook and present products for culinary use. Collaborate on the assembly, service and disassembly of the law firms. Review and control the use material in the kitchen, communicating any incident in this respect. Collaborate on menu and letter planning. Collaborate on cost and inventory management, as well as on purchases. Control and take care of the conservation and use of the products made available to them.

f) Repostero/a: to perform in a qualified and autonomous manner, the preparation and presentation of desserts and sweets in general, as well as bolleria and masses. To make raw materials based elaborations. Prepare the masses of use in the kitchen for the manufacture of pastry, pastry and pastries. Order and control the preservation of raw materials used in your work. Perform the calculation of costs, related to their tasks. Prepare and dispose of the products for "buffet", banquets, etc., collaborating in the arrangement and distribution. Participate in the control of supplies. Organize and control the staff in your office.

g) Charged/to Economate: Qualified to perform the management, control and monitoring of the set of tasks that are developed in your department. To establish the needs of goods and material according to the demands of the different areas of the company. Prepare requests for tenders, evaluation and recommendation of the awards. Control and plan stocks, in coordination with other sections of the establishment. Organize, monitor, and perform your area's own tasks.

h) Help/Kitchen: participate with some autonomy and responsibility in the kitchen elaborations under supervision. Make the basic preparations, as well as any other related to the culinary elaborations entrusted to you. Prepare dishes for which you have received timely training. In companies where the tasks inherent in this department are assumed by the employer, natural person, perform the functions of the service in kitchen elaborations under the supervision and guidelines emanated directly from the same or person in who is a delegate. Perform tasks derived from the occupation profile.

i) Assistant to Economato: to perform in a qualified, autonomous and responsible manner, the purchase and management of goods and materials. Collaborate in the fixing of the necessities of goods and material according to the demands of the different areas of the establishment. Collaborate with the manager in the registration of suppliers and goods. Receive the goods and materials ordered and check the expiration dates of the products, the quality and quantity as well as the invoices. Monitor and control stocks of goods and materials. To be responsible for the storage, handling and management of materials and products. Perform tasks derived from the profile of your occupation.

j) Auxiliary Kitchen/Economate: perform without qualification the tasks of cleaning useful, machinery and menaje of the restaurant and kitchen, as well as of the kitchen facilities for which it does not require a specific training and that works under supervision. Carry out the work of cleaning machinery, stove and other kitchen elements. Prepare and sanitize food. Carry orders and other materials, own from your area. Carry out auxiliary works in the production of products. Take care of the cleaning of the menaje, the dining room and the kitchen.

C) Job benefit descriptions, activities, jobs and tasks of the third functional area:

(a) Head/Restaurant or Room: perform a qualified management, planning, organization and control functions of the restaurant-bar-cafeteria. Organise, direct and coordinate the work of the staff in your office. Lead, plan and perform the set of activities in your Area. Management and participation in the billing, collection, accounting and settlement of the collection. Carry out inventories and controls of materials, goods, etc., for use in the Department of responsibility. Make proposals for goods orders and place orders if you are instructed to do so. Perform service-specific customer service tasks. Participate in the training of your staff.

b) Second/a Head/Restaurant or Room: perform a qualified management, planning and control functions of the restaurant-bar-cafeteria. Collaborate and replace the head of the restaurant with its own tasks.

c) Head/Operations Catering: to perform in a qualified manner the functions of management, planning, organization and control of the sector of its responsibility and the functions of control and coordination of the works on track with the dock and the rest of the center. Organise, direct and coordinate the work of the staff in your office. Instruct and evaluate the staff in your position. To promote the implementation of systems of total quality in the company. Carry out inventories and controls of materials, goods, etc., for use in the sector of their responsibility. Supervise and control the maintenance and use of machinery, materials, tools, etc., in the sector of responsibility, carrying out the corresponding inventories and replacement proposals. Organize, control and coordinate the entire production distribution process. To ensure that production meets the required conditions, both hygienic and assembly. Prepare the statistics and reports of your sector for the management of the company and other departments. Prepare the daily schedules for distribution, taking responsibility for their compliance. Receive and transmit requests for services and their modifications. Actively engage in occupational health and safety plans.

(d) "Centre Manager" means performing in a qualified manner the functions of management, planning, organization and control of the sector of its responsibility and the functions of control and coordination of the works. Organise, direct and coordinate the work of the staff in your office. Instruct and evaluate the staff in your position. To promote the implementation of systems of total quality in the company. Carry out inventories and controls of materials, goods, etc., for use in the center of their responsibility. Supervise and control the maintenance and use of machinery, materials, tools, etc., at the center of its responsibility, carrying out the corresponding inventories and replacement proposals. Organize, control and coordinate the entire production distribution process. To ensure that production meets the required conditions, both hygienic and assembly. Prepare statistics and reports from your center for the management of the company and other departments. Prepare the daily schedules for distribution, taking responsibility for their compliance. Receive and transmit requests for services and their modifications. Actively engage in occupational health and safety plans.

e) Head/Sector: to perform in a qualified manner the functions of control and supervision of its sector of responsibility and of the tasks to be carried out in the view of the client. The same as the waiter, and besides, take care to prepare and decorate the rooms and tables of the restaurant. Collaborate on receiving, laying off, locating and advising customers on menus and drinks. Perform jobs in the client's view (flambering, cutting, rinting, spunking, and so on). Review the current usage objects. Store and control the goods and objects of current use in the area of the restaurant. Billing and charging to the customer, as well as the collection and settlement of the collection in its section.

f) Camarero/a: execute in a qualified, autonomous and responsible manner, the service and sale of food and beverages. Prepare the work areas for the service. Direct customer care for the consumption of drinks or meals. Manufacture for simple consumption. Transport useful and necessary goods for the service. Control and review items and items of use in the section. Collaborate on the assembly, service and disassembly of the law firms. Perform jobs in the client's view such as flaming, cutting, rinting, spunking, and so on. Collaborate with the head of the dining room in the preparation and development of special events. You will be able to coordinate and monitor your area's activities. Inform and advise the client on the composition and clothing of the various products at their disposal. You can address customer complaints. Billing and charging to the customer.

g) Barman/Barwoman: execute in a qualified, autonomous and responsible manner, the sale, distribution and service of drinks in the bar as well as the preparation of cocktails. Prepare all kinds of drinks. Receive, dismiss, locate and advise clients. Prepare different types of cocktails and drinks combined. Take the orders, distribute and serve the drinks with their accompanying. To examine and control stocks of goods. Billing and charging to the customer.

h) Sumiller/a: to perform a qualified service to the clientele, in an autonomous and responsible way, especially wine, as well as another type of drink. Participate in the work of the winery: reception and review of the deliveries, control of the bottling, corked and labeling of the wines as well as the classification, storage and monitoring of the same. Participate in the elaboration of the wine and beverage menu and in the sales promotion. Advise the customer on the choice of drinks according to the chosen food. Collaborate on the order and administration of the reserves in wines and in the calculation of sales. Take care of the cleaning of the cellar utensils (glasses, etc.). Plan, organize and control the winery.

i) Head to Room Catering: to perform in a qualified manner planning, organization and control functions of all the tasks of emplacement and assembly prior to the distribution of meals. Organize and coordinate the work of the staff in charge. Instruct and evaluate the staff in your position. Organize, control and coordinate the entire process of the application and assembly, both manual and automatic, of the production in charge, as well as the preparation for its subsequent distribution. Carry out inventories and controls of materials, goods, etc., which are under their responsibility. Make proposals for goods and raw materials orders and manage their conservation, storage and performance. Monitor and control the use of machinery, materials, tools, etc., which are under their responsibility, to carry out the corresponding inventories and replacement proposals. To ensure that production meets the required conditions, both hygienic and assembly. Be actively involved in the safety and health plans. (Requirements: This staff must, at the very least, be in possession of the C1-class driving meat.)

j) Supervisor/Catering: to perform in a qualified manner, with initiative and responsibility the follow-up of the functions related to the process of preparation and distribution of the meals. Plan, coordinate and instruct work teams. Organize and control, under the supervision of their superiors, the processes of distribution of meals, services and equipment. Monitor and control the reception and delivery of services and equipment to customers, filling out the forms and vouchers that are accurate, according to the service manuals or the companies. To provide customers with the apbaran for their signature, controlling and delivering it later for their billing. To attend at all times the planes, trains, etc., maintaining contact with the same through receivers, having special attention in recording the increases or decreases not previously programmed. (Requirements: This staff must, at the very least, be in possession of class B1 driving.)

k) Supervisor/Collectivities: to perform functions of organization verification and control of all the tasks of the auxiliaries of collectivities and/or monitors/caregivers of collectivities. Organize the work of the staff and the activities of the staff. Distribute to the staff in charge of self-service, kitchen and area, washing and dining. Participate in the realization of complementary tasks.

l) Monitor/Modern Restoration: to perform in a qualified manner, with initiative and responsibility the follow-up of the functions related to the process of preparation and distribution of the meals in the center corresponding. Organize the work of the staff and the activities of the staff. Distribute to the staff in charge of self-service, kitchen and area, washing and dining. Participate with some autonomy and responsibility in the service and sale of food and beverages. Participate in the performance of complementary tasks. Properly preserve your area and work utensils. Prepare work areas for the service. Collaborate on customer service.

m) Assistant to Camarero: participate with some autonomy and responsibility in the service and sale of food and beverages. Perform auxiliary tasks. Properly preserve your area and work utensils. Prepare work areas for the service. Collaborate in customer service. Prepare the assembly of the service, table, banquet boards or conventions, chairs, aparators or any other furniture or items of common use in salons, restaurants, cafeterias or bars. In companies where the tasks inherent in this department are assumed by the employer, natural person, perform the functions of the service in restaurant under the supervision and guidelines emanated directly from the same person or person in whom the delegate. Perform the tasks derived from the occupation profile. Collaborate on billing and charging to the customer.

n) Preparing/a Catering: to perform with some autonomy and responsibility the tasks related to the process of handling, assembly, preparation and distribution of meals and related products. Run the service and equipment assembly processes, both manual and automatic. Run the delivery of services and equipment. Collaborate and execute the processes of assembly and distribution of cutlery for services and equipment, including products for sale on board. Collaborate and execute the lingerie assembly and distribution processes for services and equipment.

n) Conductor/a Team Catering: to perform in a qualified manner, with autonomy and responsibility the transport, loading, unloading and distribution of meals and equipment, under the direct dependency of the supervisor. Transport, distribute, load and unload equipment and meals. Act in accordance with the rules and procedures in force. Ensure the good use and optimization of the equipment made available to carry out the tasks entrusted. (Requirements: This staff must, at the very least, be in possession of the C1-class driving meat).

o) Adjutant/a Team Catering: participate and collaborate with some autonomy and responsibility in the tasks of the driver/team and under the direct supervision of the supervisor. Drive the support vehicles owned by the company. Load and unload meals and equipment. Distribute and locate services and equipment. Cover the transient absences of the driver/team. (Requirements: This staff must, at the very least, be in possession of class B1 driving.

p) Modern Restoration: to perform with some autonomy and responsibility the tasks related to the process of handling, assembly, preparation and distribution of meals and products of the center. Run the preparation, distribution, and sale of meals and products in the center.

q) Monitor/a or Caregiver/a Collectivities: will participate in the works and tasks that are necessary for the care, attention and entertainment of a group of people. Their responsibility assumes the physical presence during the service delivery time, regardless of the place of performance of their job: school dining, school bus or discretionary, entertainment center, recreational parks Children, etc. To comply with the general rules and instructions received from the centre's management, subject to the rules and requirements laid down by the educational, health or any other authority with competence in the field, ensuring maintenance of the order in the places where he performs his work. To report immediately any incident to its immediate superior and to the director of the center when it is established. In addition to the above mentioned above, the following are described, according to the place of performance of the job. Dining or entertainment areas: attend and help diners cut and peel food. Have basic knowledge of first aid, sanitary technical regulations, sanitary conditions of food, drinks and conservation of the same. To have the basic knowledge to be able to orient in education for health, the acquisition of social habits, education for coexistence and education for leisure and free time, as well as other educational activities. Collaborate in the hospitality service. In cases where there are requirements established with the administration of the centre and/or autonomic and these are compulsory, they must be in possession of them. Bus: to carry out the monitoring of passengers within the school or leisure transport during the journey as well as in the operations of access and abandonment of the vehicle. Taking care that they are correctly located and seated in their respective places; that they make use of the belt in the cases that are mandatory or advisable; to attend to the needs that they may require, as well as, where appropriate, the collection and monitoring of passengers from and to the interior of the places of destination.

r) Assistant/to Collectivities: to participate in the service, distribution and sale of food and beverages at the consumption points, to collaborate in the preparation and preparation of basic products, as well as in the development of cleaning of tools, machinery, equipment and work area. Direct attention to the customer for the consumption of meals and drinks in the collectivities establishments in the line of self-service, dining room or room. Perform the service and treatment of food and its distribution in plants. Charging and billing in your area. Prepare the work areas for the service. Help in the preparation of breakfasts, rations, snacks, food on iron and, in general, minor kitchen works. Carry out cleaning tasks in the useful, machinery and equipment of the dining room and kitchen and its working areas. Transport genres and goods from the area to your department.

s) Assistant/a Prepares Assistant/A Catering: collaborate unskilled in the tasks related to the process of handling, assembling, preparing and distributing meals. Carry out auxiliary works for the production and distribution of products, beverages, services, equipment and products for sale on board. Carry out the cleaning tasks entrusted to you.

t) Assistant to Modern Restoration: to participate in the service, distribution and sale of food and beverages at consumer points, to collaborate in the preparation and preparation of basic products, as well as in the development of tasks for cleaning supplies, machinery, equipment and work area. Direct attention to the customer for the consumption of meals and drinks. Perform the service and food treatment and distribution. Prepare the work areas for the service. Perform cleaning duties on the tools, machinery and equipment of the dining room and kitchen and its working areas.

D) Descriptions of the work, activities, jobs and tasks of the fourth functional area:

a) Ruler/a or Encharged/a General: perform in a qualified manner the management, control and monitoring of the set of tasks that make up the service of floors, public areas, internal areas, laundry and lingerie, controlling and supervising the laundry, ironing and sewing services, and is also responsible for the organization of the staff in charge. Organise, direct and coordinate the staff in your position. Lead and plan the set of activities in your area. Direct, monitor and control purchases and stocks of white clothing, maintenance and cleaning products. Take care of the control and inventory of furniture, articles and materials of the rooms and organization of the work of service of floors, public areas, internal and laundry. Develop the statistics and reports from your area to the hotel management and other departments, as well as the direction of the training of your staff.

b) Subruler/a or Encharged/to Section: replace the Ruler/a or the General/Encharged. Execute in a qualified, autonomous and responsible manner, the tasks relating to the floors, public areas, internal areas, lingerie and laundry. Select maintenance and cleaning products for daily use. Inspect and participate in the cleaning of areas. Take control of the rooms and their occupation, as well as the rooms. Participate in statistics and report on your area's own tasks.

c) Camarero/a Pisos: to perform in a qualified manner the cleaning and arrangement of rooms and corridors, as well as the order of the objects of the clients. Clean and order rooms, bathrooms and hallways between guest rooms. Control the material, products of the customers and communicate to their officials the anomalies in the installations and the lost objects. Direct customer support in the functions of your area. Perform the duties of lingerie and laundry.

d) Auxiliary Floors and Cleaning: to take care of the auxiliary tasks of cleaning and fixing floors and public areas. Prepare, transport and collect materials and products necessary for the cleaning and maintenance of rooms and public and internal areas. Prepare the rooms for meetings, conventions, etc. Clean the areas and perform auxiliary tasks.

E) Job benefit descriptions, activities, jobs and tasks of the fifth functional area:

(a) Head/Services Catering: to carry out, in a qualified and responsible manner, the management, control and monitoring of the maintenance and ancillary services. Lead, organize and coordinate the team of maintenance technicians to make their contribution effective and cost-effective, as well as to the rest of their staff. Instruct the workers in charge. Lead and plan the set of activities in your area. Develop preventive maintenance and repair programs, monitoring the perfect operation of the machines and facilities. Attend programming meetings, exposing work improvements. Provide information requested by the address. Deliver to administration the breakdown of costs, production and consumption.

b) Charge/to Maintenance and Auxiliary Services: to perform in a qualified manner the management, control and monitoring of the auxiliary tasks of the facilities. Organise, direct and coordinate the staff in your position. Lead and plan the set of activities in your area. Instruct workers in your area. Direct, monitor, control and carry out the cost calculation of repairs, modifications and maintenance of installations. Propose to management the improvements and innovations of equipment and facilities.

c) Charge/to Maintenance and Technical Services Catering: to perform in a qualified manner the control and monitoring of the auxiliary tasks of the installations and buildings or vehicles. Have the maintenance program up to date, ensuring their compliance with the required quality, and according to the budget. Propose the appropriate measures in order to improve yields, and apply the maintenance program at all times, taking care of the vigilance and safety of the personnel; as well as their development and training. To provide for the needs of spare parts and machinery, controlling stocks in storage (according to the maximum and minimum stocks established). Cure the appropriate orders; and verify the timeliness and quality of the material received. Control the maintenance works entrusted to third parties. Actively involved in the safety and health plans; fleet: control the repair and maintenance tasks of the vehicles. Monitor, control and carry out the cost calculation of repairs, modifications and maintenance of vehicles. Propose to the management the improvements and innovations of the vehicles; installations and buildings: to control the tasks of repair and maintenance of installations and buildings. Monitor, control and carry out the cost calculation of repairs, modifications and maintenance of machinery and installations. Propose to management the improvements and innovations of equipment and facilities.

d) Encharged/to Section: to be responsible, autonomously and responsibly, for the management, control and monitoring of the auxiliary tasks in the facilities. Collaborate in the calculation of costs of repairs, modifications and maintenance of the facilities. Monitor and monitor the various activities performed in your section. The same as the specialist.

e) Specialist Maintenance and Auxiliary Services: to perform in a qualified and responsible manner, with sufficient knowledge and capacity, the specific work of maintenance or auxiliary professions to the activity of hotels. Carry out the necessary tests to ensure the safe and effective operation of the facilities. Install and maintain specific protection devices for people and goods. Care and maintenance of facilities and machinery. Collaborate with external installation and maintenance services if necessary.

f) Specialist Maintenance and Technical Services Catering and Fleet: to carry out the maintenance of the vehicles of the company in the places where they normally serve. Select and procure the necessary equipment and verify that it meets the required specifications. Record data on development and outcomes of work; facilities and buildings: Carry out the necessary tests to ensure the safe and effective operation of facilities and buildings. Install and maintain specific protection devices for people and goods. Care and maintenance of facilities and machinery. Select and procure the necessary equipment and verify that it meets the required specifications. Record the data about the development and the results of the job.

g) Auxiliary Maintenance and Auxiliary Services: auxiliary in an unskilled way in the simple maintenance of the facilities and recreation areas of the establishment. Perform the auxiliary functions entrusted to you under the supervision of the manager of your area. Perform the functions of distribution of meals or drinks or other products at home. Perform functions included in the category of maintenance specialist and ancillary services without possessing the required qualification or qualification.

F) Job benefit descriptions, activities, jobs and tasks of the functional area sixth:

(a) Responsible Service: it will perform in a qualified manner the direction, control and follow-up of the corresponding complementary service. Organise, direct and coordinate the staff in your position. Participate in the management and administrative, accounting and economic planning of the complementary service. Direct and schedule the service's set of activities. Instruct the workers of the complementary service. Direct, monitor, control and carry out the cost calculation of repairs, modifications and maintenance of facilities and service. Propose to the management the improvements and innovations of equipment and facilities of the complementary service.

(b) Technical/Service: shall carry out, in a qualified and responsible manner, with sufficient knowledge and capacity, the specific work of professions complementary to the activity of hospitality, such as the physiotherapist, dietitian and other graduates in Health Sciences; being able to assume functions related to the sale and collection of products and services.

c) Specialist Service: will perform the tasks related to the complementary activities, such as rescue or first aid specialist, animator/tourist/a or leisure time, monitor/to sports/a, punctures, masseur, chiromasajista, esthetician, thermal or spa specialist, hydrotherapist and specialist in customer service, being able to assume functions related to the sale and collection of products and services. The animator/a tourist/a free time, shall perform in a qualified and responsible manner, with sufficient knowledge and capacity, the work of definition, coordination and execution of activities of tourist animation or of free time. Organize, inform, direct, control and evaluate the development of evenings, shows, sports-recreational and cultural activities. Organize, both your own work and the team of people you can have in your office. Develop, evaluate and promote plans, programs and activities; as well as elaborate and propose budgets for your area of responsibility. Maintain effective communications in the development of their work and, in particular, in services requiring a high degree of coordination with other departments of the company or other establishments.

d) Auxiliary Service: perform the service's auxiliary tasks in an unskilled manner; such as the pool or spa auxiliary and the customer care assistant.

Article 18. Correspondence of professional categories, occupations and jobs to professional groups.

This Agreement, as Annex I, is incorporated into this Agreement, a table on the correspondence of professional categories, occupations and jobs, both from the defunct Working Ordinance for the Hospitality Industry such as those that could be included in the collective agreements of a lower territorial scope or specific scope, to the current professional groups.

This system of professional classification aims to obtain a more reasonable accommodation to the productive and organizational structure of the companies adapting the provision of the work to the economic, technological, productive changes and organizational activity, without any of the dignity, opportunities for professional promotion and fair pay of the workers.

CHAPTER III

Functional Mobility

Article 19. Functional mobility.

In application of the provisions of the II Agreement for Employment and Collective Bargaining 2012, 2013 and 2014, which was signed dated January 25, 2012, by the Spanish Confederation of Business Organizations (CEOE) and the Spanish Confederation of Small and Medium-sized Enterprises (CESMEs) and, of the other, the Trade Union Confederation of Workers 'Commissions (CCOO) and the General Workers' Union (UGT), and in accordance with the provisions of Article 83.2 in Reference to Article 90 (2) and (3) of the Staff Regulations (BOE No. 31 of 6 February 2012), internal flexibility, mobility and functional multi-purpose in the sector are regulated according to the following criteria:

The parties to this Agreement incorporate internal flexibility, particularly the one that operates in small temporary spaces to deal with the situation, as a powerful tool to facilitate adaptation. (i) the competitiveness of enterprises, promoting greater stability in employment, and the quality of employment, by ordering flexible use in the enterprise of functional mobility in a complementary sense to the legal provisions and procedures; (i) flexible adaptation and modification of the agreement with the participation of the union representation or, where appropriate, unit of the workers, and with the intervention in case of disagreement of the joint commission of this Agreement, as well as its participation for the agile and effective solution in the alleged blocking in the periods of consultation and negotiation required by the provisions of the Staff Regulations concerned by internal flexibility, in order to avoid the possible late measures of the employment relationship.

Thus, the worker and the worker must comply with the instructions of the employer, or the person in whom the worker is delegated, in the regular exercise of their organizational and managerial powers, and must carry out the work and tasks that entrusts him, within the general content of the labour supply. In this regard, functional mobility may be carried out within the undertaking, exercising as a limit for the same the provisions laid down in Articles 22 and 39 of the Staff Regulations, in accordance with the provisions of this Article.

For the signatory parties, they agree to distinguish two levels of application of flexibility in functional mobility, which follows:

(a) Ordinary flexibility: functional mobility will be enhanced as a mechanism for internal flexibility and adaptation by companies, setting out agile formulas for their implementation. Functional mobility within the undertaking shall have no other limitations than those required by membership of the professional group or, where appropriate, by the qualifications required to perform the work in any area or functional area where the activity is performed. Collective agreements with a lower territorial scope or specific scope or, where appropriate, enterprise agreements may regulate functional polyvalence and its effects on remuneration.

(b) Temporary extraordinary flexibility: a higher level of flexibility will be applied than in response to temporary business needs for functional mobility greater than those outlined above. The temporary needs referred to are not to be identified as a result of seasonal or seasonal activity, given their different nature. For such purposes, temporary functional mobility for the performance of functions other than those belonging to the professional group may be ordered if there are economic, technical, organisational or production reasons which justify them, In the first paragraph of Article 41.1 of the Staff Regulations, it shall be understood as such, and for the period necessary for its attention, without being able to exceed six months in one year or eight months in two years. It will also be established that in this case the entrepreneur will report this situation as quickly as possible to the legal representation of the workers, both union and unitary. In the event of disagreement, the parties may request the intervention of the Joint Committee in this Agreement or, where appropriate, of the mediation and arbitration services or other legally established bodies, which are competent for the purposes of this Agreement. of the territory in which the dispute arises. Such mobility shall respect the rights of the new functions, in particular those relating to the remuneration level of the new functions if they are higher and as laid down in the collective agreement of application, where appropriate, unless they are lower, in which case the remuneration of origin shall be maintained. Nor will it be possible to invoke the causes of the objective dismissal for ineptitude or lack of adaptation in these cases, if the employer has not offered the worker or the worker a course aimed at facilitating adaptation to the changes. operated at their place of work, and in the terms provided for in Articles 23.1 (d) and 52 (b) of the Staff Regulations.

If functional mobility exceeds the indicated period, it shall be governed by the agreement between the parties or, failing that, by the rules of Article 41 of the Workers ' Statute.

When functional mobility may result in the performance of functions of a different functional area on an ongoing basis, economic, technical, organizational or production concurrency will be required and applied as a measure guarantee of stability and maintenance of employment, ensuring adequate training for the performance of the new tasks and without any possibility of undermining the vocational training of the worker or worker concerned; and with respect in any case to their personal and professional dignity and safeguarding their physical and mental integrity.

CHAPTER IV

Professional Promotion

Article 20. Professional promotion.

Workers in the hospitality sector have a right in the employment relationship to professional promotion at work.

The promotions will be produced taking into account the training, merits and seniority of the worker and worker, according to the organizational faculties and directives of the employer.

Promotions and professional promotion in the company will be in accordance with criteria and systems that aim to guarantee the absence of direct or indirect discrimination between women and men. positive action aimed at eliminating or compensating for situations of discrimination.

When a company becomes vacant in a job, prior to the hiring of a new worker or worker, the internal promotion will be offered to persons who perform functions of lower occupation or professional group, provided that they have the required qualifications and the appropriate vocational training to fill the post, in any case with the organisational and managerial powers of the employer, and provided that the legal regulations do not set the opposite.

The legal representatives of workers will receive regular information on the evolution of the professional promotion in the company, and can issue reports on the company.

CHAPTER V

Job Contract Test Period

Article 21. Test period of contracts for indefinite and temporary periods.

The probationary period which may be concluded in employment contracts subject to a common working relationship, for an indefinite period of time, fixed or permanent fixed, or temporary or fixed duration, shall be subject to the following conditions: in writing and subject to the following maximum duration limits:

	Duration	Professional groups and functional areas
		Group first of all areas and second group in the fifth area	Second group of all areas except for the fifth area	Third Group of all areas
indefinite fixed time ordinary as discontinuous fixed.	90 days	60 days	45 days
Temporary greater than three months.	75 days	45 days	30 days
	to three months.	60 days	30 days	15 days

The test period will always be computed as calendar days.

Article 22. Testing period of the management staff.

In the common labour contracts concluded for management positions, which do not correspond to one of the professional groups referred to in Article 16 of this Agreement, the probationary period may be six months. duration, provided that they are contracts of indefinite duration, fixed or discontinuous fixed, or four months in the fixed or temporary duration.

Article 23. Nullity of the test period.

It will be null and void for the pact to establish a trial period when the worker or worker has already performed the same functions previously in the company, under any form of hiring, as long as there were exceeded.

Article 24. Work contracts concluded on a part-time basis.

In contracts concluded under part-time mode, in accordance with the provisions of Article 12 of the Staff Regulations, a probationary period may be concluded, subject to the periods referred to in the first paragraph of Article 12 of the Staff Regulations. previous articles.

However, where these contracts are concluded for the provision of services which are not to be carried out every day of the week, the probationary period shall not exceed 30 days of effective working time, where indefinite, or twenty days of effective work when they are of a given duration.

Article 25. Period of proof of training contracts.

1. The probationary period for contracts in practice may not exceed one month for workers who are in possession of a medium degree or two months for those in possession of a higher degree. If, at the end of the contract in practice, the worker or worker continues in the undertaking, a new probationary period cannot be concluded, the duration of the contract being computed for the duration of the contract.

2. The period of proof of contracts for training and apprenticeship shall not exceed one month. If, at the end of the contract for training and apprenticeship, the worker or worker continues in the undertaking, a new probationary period cannot be concluded, the duration of the contract being computed for the purposes of seniority in the undertaking.

Article 26. Break of the test period.

Situations of temporary incapacity, risk during pregnancy, maternity, and adoption or reception, risk during breast-feeding and paternity, affecting the worker and the worker during the trial period, shall interrupt the computation of the same unless there is an express written agreement between the two parties, either upon the subscription of the contract of employment or at the time of any of the situations referred to in this Article.

Article 27. Common rules.

The following common rules will apply to the test period:

a) The company and the worker or worker are, respectively, obliged to carry out the experiences that constitute the object of the test.

(b) During the probationary period, the worker or worker shall have the rights and obligations corresponding to the job which he carries out as if he were a staff member, except those arising from the termination of the relationship which may be produced at the request of either party during its course without notice or any compensation.

(c) After the trial period without the withdrawal by any of the parties, the contract of employment will produce full effects, with the time of service provided in the age of the worker and of the worker in the company.

CHAPTER VI

Training Contracts

Article 28. Training contracts.

The provisions of Article 11 of the Workers ' Statute, implementing regulations, and specifically the provisions of this Agreement shall be in accordance with this Agreement.

Article 29. Contract of work in practice.

The traineeship contract may be concluded with those who are in possession of a university degree or professional training of a medium or higher degree or officially recognised as equivalent, according to the laws governing the education system in force, or certificate of professionalism in accordance with the provisions of the Organic Law of 19 June, of the Qualifications and Vocational Training, which they provide for the financial year professional, within the legally established time limits following the termination of the corresponding studies, according to the following rules:

(a) The position of employment shall be such as to permit the attainment of appropriate professional practice at the level of studies or training courses, and may be the subject of this contract in the field of this Agreement. made to fill the jobs of the first and second professional groups in any of the functional areas.

(b) In addition, management or management posts which do not carry out any of the professional occupations referred to in Article 16 of this Agreement may be subject to this contract. Agreement.

(c) The contract in practice must always be completed in writing, expressly stating the qualifications of the worker or worker, the duration of the contract and the post or jobs to be performed during the practices.

(d) The initial minimum duration of the contract shall not be less than six months. If the contract in practice has been concluded for a duration less than the legally established maximum, the parties may agree up to three extensions of the contract, without the total duration of the contract exceeding the maximum duration. In no case shall the duration of each extension be less than the minimum duration of the legally established contract. In seasonal activities, the duration of the contract may be interrupted at the end of the period of activity and re-established when the contract is resumed, subject to the time limits laid down.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will interrupt the calculation of the duration of the contract, in the terms foreseen in the Article 26 of this Chapter.

e) To the termination of the contract the company must provide the worker or worker with a certificate stating the duration of the practices, the position or jobs performed and the main tasks performed in each of them.

Companies are committed to encouraging the indefinite hiring of workers employed under this form of training contract who have exhausted the maximum legally established duration.

For these purposes, the developed practice period will be considered among the merits that the company will weigh in the vacancy coverage processes and the hiring, if any, by converting the contracts into practices in indefinite contracts.

Article 30. Contract for training and learning.

This contract of employment will have as its object the professional qualification of workers and workers in a system of alternance of paid employment in a company with training activity received in the framework of the of the vocational training system for employment or the education system, and shall be governed by the rules laid down in Article 11.2 of the Staff Regulations, implementing rules, and the provisions of this Article.

The minimum duration of the contract will be six months and the maximum fixed in the legal regulations in force, depending on the organizational and productive needs of the companies, being able to interrupt the duration of the contract in the seasonal business activities, and therefore to process their calculation, without prejudice to the fulfilment of their minimum and maximum duration and that of their carryovers, which, without exceeding the maximum duration, may be concluded for up to twice, without the duration of each extension may be less than six months.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will interrupt the computation of the duration of the contract.

The work activity performed by the worker or worker in the company must be related to the training activities. The partition of this training must be justified at the end of the contract.

In addition, the training activity inherent in the contract for training and learning will be related to the work activity performed in the workplace that the working person will have to meet. the access requirements set out in the relevant legislation for the teaching of such training activity.

Lower-scope collective agreements will set the remuneration of these contracts in proportion to the effective working time.

In the event that the worker or worker continues in the company at the end of the contract, a new trial period cannot be arranged, with the duration of the contract being computed for the duration of the contract in the company.

Companies will proceed to carry out these contracts by setting criteria for a balanced presence of men and women. To this end, companies that will recruit people in this training modality, will alternate the hiring of women and men, unless it is impossible.

CHAPTER VII

Professional training

Article 31. Vocational training for employment.

The organizations that have signed this Agreement are aware of the importance of the level of professional qualification of the workers in terms of the competitiveness of the sector. They also recognize that vocational training at all levels of workers contributes to the improvement of their living and working conditions, to stability in employment and to their professional and personal promotion.

Vocational training is a goal shared by companies, workers and workers, and is being the subject of special attention by employers ' and trade union organisations in the sector. of collective bargaining.

This training also improves staff adaptability to changes in the industry.

Therefore, it is agreed to maintain and promote the State Employment Vocational Training Joint Commission established in Article 33 of this Chapter.

The undersigned organizations of this Agreement undertake to transfer to the Autonomous Communities, the need to promote the sectoral training of hotels in their territorial scope, in order to guarantee the due balance between the sectoral and cross-sectoral training offer.

The signatory parties undertake to take the necessary initiatives to promote the access of workers to individual training permits in order to develop this initiative in the field of education. Hospitality sector.

The signatory parties to ensure professionalism and employability in the hospitality sector agree to the creation of a sector-wide professional meat, which promotes both the acquisition of skills and the In the case of vocational training, it is necessary to ensure that it is recognised through the accreditation of both the training and the experience acquired, and that it is committed to its development through the social dialogue and in those own instruments.

Article 32. Vocational training reference plan for employment.

The reference plan in vocational training for employment in the State-wide hospitality sector will contain:

a) Determination of the objectives of the Plan referred to the satisfaction of the needs of the sector.

(b) Establishment of the training actions included in the Reference Plan and priorities thereof.

c) The implementation of the applicant entities.

This Plan will be the unique benchmark for the planning and implementation of vocational training for employment in the hospitality sector in the State as a whole, without prejudice to the competences of the Autonomous Communities, in the implementation of the training plans in the field which the law gives them.

Article 33. State Sector Joint Committee on Vocational Training for Employment.

the State Paritary Commission of Continuing Training set up in previous agreements, as a tool for the objectives contained in this chapter, modifies its name to be the Joint Commission. State Sector for Employment Training Hostels for Employment.

1. Members. This Commission is composed of 12 representatives of the trade union organisations and 12 representatives of the business organisations which are signatories to this Agreement.

2. Decision making. The Commission's agreements shall be adopted in accordance with the following

:

(a) The decision of the vote in the business representation shall be taken by an absolute majority of its representatives.

(b) The decision of the vote in the union representation shall be taken by an absolute majority of its representatives.

(c) Commission decisions shall be taken on the basis of the business and trade union representations.

3. Main functions. In accordance with the legislation in force, the functions of the Joint Committees within the Tripartite Foundation for Training in Employment are as follows:

a) To intervene in the mediation of the alleged discrepancies in training.

(b) Know the vocational training for employment that is carried out in their respective fields.

c) Set the guiding criteria and general priorities of sectoral training for workers and workers.

d) Participate and collaborate in activities, studies or research of a sectoral nature and make proposals in relation to the National System of Qualifications and Vocational Training and national reference centers corresponding to their respective areas.

e) Develop an annual memory on the training corresponding to its scopes.

f) Learn about the grouping of companies in their sector provided for in the current legislation.

g) Cuarculos others that are attributed to them by the current regulations and those that are established in the future.

4. Complementary functions. In addition to these, the Commission will have the following tasks:

(a) Establish criteria that facilitate the linking of vocational training for employment in the hospitality sector with the professional classification system and its connection with the National Qualifications System and Vocational training, for the purpose of determining the levels of vocational training for the employment of the sector and its correspondence with the forms of certification to be determined by the National Qualifications System.

(b) Understanding and complying with requests and requirements that may be transferred to it by the Tripartite Foundation for Training for Employment, among others: report on training agreements; and report on additional actions within the time limits and conditions set out in the relevant call for action.

c) Take an active part in the National Focal Points for Hotels and Tourism, promoting activities that benefit the sector.

Article 34. Supplementary rules in the field of continuing training.

In the absence of this chapter, the provisions of the existing legislation, as well as the laws, regulations and conventions that may be established in the future in this field, in particular, will be in force. provided for in the single transitional provision of this Agreement.

CHAPTER VIII

Disciplinary regime for work

Article 35. Workers 'and workers' faults and sanctions.

The management of the companies may sanction the non-compliances in which the workers and the workers incur, in accordance with the graduation of the faults and penalties provided for in this chapter.

The assessment of the faults and the corresponding penalties imposed by the management of the companies will always be reviewed before the competent jurisdiction, without prejudice to their possible submission to the mediation or arbitration established or that could be established.

Article 36. Graduation from fouls.

Any failure committed by a worker or a worker shall be classified as minor, serious or very serious, taking into account their importance, transcendence or intentionality, as well as the human factor of the worker or worker, concurrent circumstances and social reality.

Article 37. Sanctioning procedure.

The notification of the faults will require written communication to the worker or worker stating the date and the facts that motivate it, who must acknowledge receipt or sign the communication. The penalties which may be imposed on the work order are always without prejudice to possible actions in other orders or instances. The legal or union representation of workers in the company, if any, must be informed by the management of the companies of all the penalties imposed for serious and very serious faults. Union delegates and delegates to the company, if any, must be heard by the management of the companies prior to the adoption of a dismissal or sanction to a worker or worker affiliated with the Union, provided that such The circumstance is known and is in the company's knowledge.

Article 38. Minor fouls.

They will be minor faults:

1. Those of carelessness, error or delay in the execution of any work that does not cause significant disturbance in the service entrusted, in which case it shall be qualified as serious misconduct.

2. From one to three faults of punctuality unjustified in the incorporation to the work, of up to thirty minutes, during the period of thirty days, provided that these delays do not result serious damages for the job or obligations that the company is entrusted to you, in which case it will be qualified as a serious fault.

3. Do not communicate to the company as soon as possible the fact or reason of the absence to work when it is due to reasons of temporary incapacity or other justified reason, unless it is proved impossible to have carried out, without prejudice to provide timely evidence of such absence.

4. The absence of any justification for the work, even if it is for a short period of time or an early termination of the work, is less than thirty minutes in advance, provided that these absences do not result in serious damage to the work, in which case it is consider to be severe.

5. Small oversights in the preservation of the genera or material.

6. Do not communicate any change of address to the company.

7. Discussions with other workers or workers within the company's premises, as long as they are not in the presence of the public.

8. Bring the required uniformity or workwear by the company in a careless way.

9. The occasional lack of grooming during the service.

Article 39. Serious fouls.

Serious faults:

1. More than three unjustified errors of punctuality in the incorporation of the work, committed in the period of thirty days. Either, a single lack of punctuality of more than thirty minutes, or that of which there are serious harm or disruption to the work, being considered as such, causing delay in the start of a service to the public.

2. Missing one or two days to work during the thirty-day period without authorization or cause justified.

3. Abandonment of work or early termination, without justified cause, for longer than thirty minutes, between one and three occasions in thirty days.

4. Do not communicate with the timeliness due the modifications of the data of the relatives in charge, that may affect the company for the purposes of tax withholding or other business obligations. Bad faith in these acts would determine the rating as very serious.

5. Failure to comply with the orders and instructions of the undertaking, or delegated staff thereof, in the regular exercise of its powers of directives, including those relating to the prevention of occupational risks according to training and information received. If this non-compliance were repeated, it would be manifest for the work or for the work to be caused to the detriment of the company or other workers, it could be qualified as a very serious fault.

6. Important neglect in the preservation of the genera or articles and materials of the corresponding establishment.

7. Simulate the presence of another worker, signing or signing for him.

8. Provoke and/or maintain discussions with other workers in the presence of the public or transposes to the public.

9. Use for their own use, articles, goods, and garments of the company, unless there is authorization.

10. Attend or remain at work under the influence of alcohol or drugs, or their consumption during work hours; or outside of the work, wearing a company uniform. If such circumstances are repeated, it may be deemed to be very serious, provided that it has provided a warning or sanction. The worker who, under the aforementioned effects, causes in working hours or in the premises of the company some altercation with clients, businessmen or managers, or other workers, the lack committed in this case will be qualified as very serious.

11. Non-compliance during the service of the uniformity or workwear required by the company.

12. Do not attend to the public with due diligence and due diligence, provided that such conduct does not result in particular injury to the company or workers, in which case it will be qualified as a very serious fault.

13. Do not comply with the company's instructions on service, how to do it or not to fill in the required parts or other forms of work. The reiteration of this conduct shall be deemed to be very serious whenever there is a warning or sanction.

14. Failure to comply with obligations under the Safety and Health at Work standards, food handling or other administrative measures which are applicable to the work being carried out or to the activity of hospitality; and in particular, the lack of collaboration with the company in terms of the regulations, so that it can guarantee working conditions that are safe and do not involve risks to safety and health at work.

15. Recklessness during work that may involve an accident risk to itself, to other workers or third parties or risk of damage or material damage to the company's premises. The reiteration in such imprudences may be described as a very serious fault provided that it has mediated warning or sanction.

16. The use of disrespectful or unlegal words on a regular basis during the service.

17. The lack of cleanliness and cleanliness, provided that there is a warning or sanction and is of such a kind that it makes a justified complaint of the workers or the public.

18. The recidivism in minor faults, even if they are of different nature, within a quarter and having mediated warning or sanction.

19. The use by the worker or worker, in violation of the instructions or business orders in this matter, of the computer, telematic or communication means provided by the employer, for private or personal use, other than the work and professional activity for which you are engaged and for which you have been provided with such work tools. Where such use is also abusive and contrary to good faith, it may be qualified as a very serious fault.

Article 40. Very serious fouls.

Very serious faults:

1. Three or more non-attendance at work, without justifying, in the period of 30 days, ten non-attendance in the period of six months or twenty for one year.

2. Fraud, disloyalty or breach of trust in the arrangements entrusted, as well as in dealing with other workers or workers or anyone else in the service of the undertaking in relation to work with, or to do, in the premises of the business or industry negotiations by own account or by another person without the express authorisation of that person.

3. Make the company disappear, disable or cause damage to the company's materials, tools, tools, appliances, installations, buildings, articles and documents.

4. Theft, theft or embezzlement committed at the company level.

5. Violate the secret of the correspondence, documents or data reserved for the company, or disclose, to persons alien to it, the contents of these.

6. Ill-treatment of words or work, abuse of authority or serious lack of respect and consideration of the employer, persons delegated by it, as well as other workers and the general public.

7. Voluntary and continuous decline in normal or agreed performance of work.

8. Cause or cause frequent quarrels and pendences with other workers or workers.

9. The simulation of sickness or accident alleged by the worker or worker not to attend the work, as well as, in the situation of temporary incapacity, when work of any kind is carried out for own or other account, including all manipulation, deception or inconsequential personal conduct, such as the carrying out of activities that are unjustified with their inability to prolong the discharge.

10. Damages caused to persons, including the worker himself, the company or its premises, by the failure to comply with the measures on prevention and safety protection at work, provided by the company.

11. The recidivism in serious or very serious fault, even if it is of a different nature, provided that it is committed within a period of six months from the first and has been warned or sanctioned.

12. Any conduct or conduct, in the field of work, that atents to the respect of the privacy and dignity of the woman or the man through the offence, physical or verbal, of a sexual character. If such conduct or behaviour is carried out by prevalding a hierarchical position, it will constitute an aggravating circumstance.

13. Moral harassment, sexual harassment and for sex, as well as the one performed by reason of racial or ethnic origin, religion or belief, disability, age or sexual orientation or gender, to the people who work in the company.

Article 41. Sanctions classes.

1. The undertaking may apply for the commission of very serious misconduct any of the penalties provided for in this Article and the serious penalties provided for in paragraphs (A) and (B).

The maximum penalties that may be imposed in each case, depending on the graduation of the misconduct, will be as follows:

A) For minor faults:

Admonition.

Suspension of employment and salary up to two days.

B) For severe faults:

Suspension of employment and salary from three to fifteen days.

C) For very serious faults:

Suspension of employment and salary from sixteen to sixty days.

Disciplinary dismissal.

2. The effective enforcement of the sanctions for suspension of employment and salary, in order to facilitate the intervention of the mediation or the pre-procedural conciliation bodies, shall be completed within the following maximum periods:

(a) For up to two days of suspension of employment and salary, two months after the date of their imposition.

b) Three to fifteen days of suspension of employment and salary, four months.

c) Those of sixteen to sixty days of suspension of employment and salary, six months.

In the written communication of these sanctions the company must set the dates of compliance with the suspension of employment and salary.

The situations of legal suspension of the contract of employment and periods of work inactivity of the discontinuous fixed workers, will suspend the deadlines set out above.

Article 42. Prescription.

The minor faults will be prescribed at ten days, the serious ones at twenty, and the very serious ones at sixty from the date the company became aware of its commission, and in any case within six months of having been committed.

In the cases referred to in the offences defined in this chapter, in which there is repeated impuntuality, absences or unjustified abandonment within a period of thirty days, the dies of the regulated prescription in this article will be computed from the date of the commission of the last fault.

The time limits set for the assessment of recidivism in the commission of the faults established in Articles 39 and 40 shall be interrupted by the periods of inactivity of the discontinuous fixed workers.

CHAPTER IX

Extra-judicial work conflict solution

Article 43. Accession to the 5th Agreement on the autonomous solution of labour disputes (out-of-court system).

1. Accession to the autonomous dispute settlement systems. The parties agree to their full and unconditional adherence to the 5th Agreement on the Autonomous Settlement of Labour Conflicts (out-of-court system), signed on 7 February 2012 and published in the "Official Gazette of the State" number 46, 23, under the Resolution of the Directorate-General for Employment of 10 February 2012.

Without prejudice to the fact that in the lower sectorial areas the relevant negotiating parties may accede to the out-of-court systems or alternative solution of labour disputes established in the Communities Autonomous; from the state level, for the solution of collective conflicts arising from the interpretation and application of this agreement, the parties adhere and submit to them.

In any case, conflicts affecting more than one Autonomous Community will apply to the out-of-court system for the settlement of state-wide labor disputes.

2. Mediation. Where the conflict of interpretation and application of the ALEH is of a collective nature, mediation shall be binding in all cases and must necessarily precede the relevant court action.

In any event, the Joint Commission will intervene, on a preliminary basis, in those conflicts of interpretation and application of the ALEH which have been submitted to it, in accordance with the principles and procedures laid down in the this chapter.

The mediation may be requested by mutual agreement or at the request of the Joint Committee of the EHR, exercising the mediation function directly and designating mediators to the effect.

In the request for mediation to the Joint Commission of the EALH, the questions on which the conflict is concerned, as well as the proposals of the requesting party or both, will be pointed out. The Joint Committee of the EALH will examine the question raised and its possible mediating intervention.

If the Joint Committee is understood to proceed with its mediation, the Commission will exercise this function by designating a Mediation Commission, which will act by consensus, composed of a representative of each of the two signatory trade union organisations and a representative of each of the signatory business organisations. The members of this Mediation Committee, appointed by their organisations, may expressly delegate their mediating function to one of its components. The Commission of Mediation shall be integrated into the Interconfederal Mediation and Arbitration Service (SIMA) and shall act in accordance with the rules of procedure laid down in the current Agreement on Extractive Conflicts Labor.

If no agreement is reached in the mediation process, the Mediation Commission will make a final proposal of which it will necessarily go on record in the final act.

The solution proposals offered by the Mediation Commission may be freely accepted or rejected by the parties. In the event of acceptance, the agreement achieved will have the same effectiveness as the agreement reached in collective agreement. Unless the Joint Committee of the EALH decides to quote the parties at the SIMA headquarters in Madrid, the act of mediation shall be carried out in the locality or area where the conflict originated, all in accordance with the provisions of the internal regime of SIMA.

The referral to the SIMA of the conflicts referred to in this paragraph is made under Article 6.4 of the ASEC, which has been reproduced here.

3. Arbitration. In the event that the mediation is terminated without agreement, either party may follow the administrative and judicial route for the settlement of the dispute or, by common agreement, urge the Commission of Mediation appointed by the Commission. (a) the EALH shall be established for the purpose of resolving the arbitration by deciding on the latter, on the basis of what has occurred in the mediation process, if it resolves the arbitration directly or proceeds to appoint arbitrators to that effect.

4. Costs of mediations and arbitrations. The costs arising from all mediation and arbitration procedures provided for in the preceding paragraphs shall be subject to the rules of the relevant SIMA or regional body. In the event of other expenditure not covered by the said bodies or the normal functioning of the EALH Joint Committee, each of the parties affected by these procedures shall bear their own costs. expenses.

CHAPTER X

Effective equality of women and men

Article 44. Principle of equal treatment and opportunities.

Women and men are equal in dignity, as well as in rights and duties. The principle of equal treatment between women and men implies the absence of any discrimination, whether direct or indirect, by reason of sex and, in particular, those arising from maternity, the taking of family obligations and the marital status.

By means of the regulation contained in this chapter, the right of equal treatment and opportunities, among women and men, in the sector of the state sector of the Hostelería, in particular through the the elimination of discrimination against women, regardless of their circumstances or conditions, in accordance with the provisions of the Organic Law 3/2007 of 22 March on the effective equality of women and men.

Article 45. Non-discrimination in industrial relations.

The principle of equal treatment and equal opportunities for women and men, applicable in the field of the hospitality sector, will be guaranteed, in the terms laid down in the applicable legislation, on access to employment, in the vocational training, in professional promotion, in working conditions, including remuneration and redundancy, and in membership and participation in trade unions and employers ' organisations.

Measures for the effective implementation of the principle of equal treatment and non-discrimination in working conditions between women and men, including those for positive action, are as follows:

1. Access to employment. No one can be discriminated against on grounds of sex in access to work. Job vacancies must be made, in any case, to both men and women, and cannot be excluded, directly or indirectly, from any worker or worker on account of their sex. The selection tests performed by the companies may not make any difference or advantage related to the sex of those who aspire to the selection. Employment contracts may not be determined in the light of the sex of the worker or worker, except for the establishment of positive action measures in favour of the least-represented sex which may be established in the field of employment. of the company.

2. Professional classification. The system of professional classification, established by this Agreement, is based on common criteria for workers of both sexes and has been established by excluding discrimination on grounds of sex.

3. Professional promotion. In the field of professional promotion and promotion, it will be promoted through the introduction of positive action measures to overcome the lack of presence of women, in the case that they exist, in the most qualified categories and professional groups. or, where appropriate, the least represented gender.

4. Vocational training. In the training actions of the companies, their staff will be guaranteed access with absolute respect to the principle of equal treatment and equal opportunities for women and men. For this purpose, quotas, reserves or other advantages may be established in favour of workers of the least-represented sex, in the field to which those activities of vocational training are intended.

5. Remuneration. For the same work or for a work to which the same value is attributed, discrimination shall be eliminated, either directly or indirectly, by reason of sex, in all the elements and conditions of the remuneration. Collective agreements in the host sector, whatever their scope, in the setting of remuneration levels, salary tables and the determination of any salary supplement or extranalarial, shall be particularly in the interests of the application of this the principle of equal pay on grounds of sex, in particular by monitoring the exclusion of indirect discrimination. The non-sexist names of professional groups and categories set out in Chapter II of this Agreement governing the system of professional classification must be reproduced by the collective agreements at lower level in the establishment of their salary levels and salary tables.

6. Working time. Without prejudice to the regulation which may contain this Agreement on the rights of reconciliation between personal, family and working life, collective agreements at a lower level, provided that such measures are not negotiated and agreed in the The Commission's proposal for a directive on the protection of workers ' rights in the field of health and safety at work, which will facilitate the effective right to the reconciliation of personal, family and working life, promoting the co-responsibility of workers male workers in the household work and in the care of the family. Also the negotiating parties of these agreements will adapt the conventional regulations on working hours and breaks, including permits, surplus, reductions and adaptations of working hours and holidays, to the modifications contained in the Law Organic for the effective equality of women and men.

7. Other working conditions. In determining the other working conditions, including those relating to the termination of the employment contract, the sex of the worker or worker concerned shall not be taken into account unless it has been established as a measure express positive action, in order to facilitate the recruitment or maintenance of the employment of workers, the sex of which is less represented and provided that it is reasonable and proportionate.

8. Protection against discriminatory harassment on grounds of sex and sexual harassment. We shall not tolerate in the companies of Hostelería, the situation in which there is an unwanted behavior, related to the sex of a person, with the purpose or the effect of attacking the dignity of the person and to create an environment bullying, hostile, degrading, humiliating or offensive. The situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs, with the purpose or effect of attacking the dignity of a person, in particular when creating an environment, shall not be tolerated. intimidating, hostile, degrading, humiliating or offensive.

Article 46. Commission for Equality in the State Sector Area of Hospitality.

Within the Joint Commission of this Agreement is a Commission of Equality, composed of eight members, designating the four business and trade union organizations that have signed two members each, taking care of they are a man and a woman, in order to foster a balanced and equal composition of women and men.

The Equality Commission shall specifically assume and exercise the powers of the Joint Committee in this Agreement on matters relating to the equality of women and men in the field of work.

The Equality Commission will monitor the implementation of the equality measures provided for in this Chapter, as well as those in the lower-level collective agreements and the plans for equality. equality in companies in the hotel sector. To this end, it may obtain information from the negotiating parties to the agreements referred to above, as well as to the undertakings in respect of their equality plans.

Within the Equality Commission, new measures on equal treatment and equal opportunities for women and men may be proposed for inclusion by the Commission of the negotiating body, where appropriate, to the content of the present proposal. Agreement.

The Equality Commission of this Agreement will seek from the public authorities the promotion measures to promote the voluntary adoption of equality plans, especially aimed at small and medium-sized enterprises in the Hospitality, provided for in Article 49 of the Organic Law for the effective equality of women and men.

Article 47. The equality plans of hospitality companies and other measures to promote equality.

1. Hostelry companies are obliged to respect equal treatment and opportunities in the workplace and, for this purpose, must take measures aimed at avoiding any kind of employment discrimination between women and men, measures they must negotiate, and in their case agree, with the unitary and trade union representation, if any, with the scope and content set out in this chapter.

2. In the case of hospitality undertakings of more than two hundred and fifty workers, the equality measures referred to in the preceding paragraph shall be directed towards the negotiated preparation and implementation of an equality plan, with the scope and content set out in this chapter.

3. The development and implementation of equality plans will be voluntary for other companies, after consultation with the unitary and union representation bodies.

4. The plans for equality of enterprises are an ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving equality of treatment and opportunities between women and men in the enterprise and eliminating the discrimination on grounds of sex.

5. The equality plans shall determine the specific objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective monitoring and evaluation systems for the objectives set.

6. In order to achieve the objectives set, the equality plans shall include, inter alia, matters of access to employment, professional classification, promotion and vocational training, remuneration, organisation of working time, conciliation of personal, family and work life, and the prevention of sexual harassment and harassment on grounds of sex.

7. The equality plans shall include the whole of a company, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

8. In any case, the access of the unitary and trade union representation or, failing that, of the workers concerned themselves, to the information on the content of the equality plans and the achievement of their objectives, is guaranteed.

The provisions of the preceding paragraph shall be without prejudice to the monitoring of the progress of the agreements on equality plans by the joint committees of collective agreements.

Article 48. Situation diagnosis.

In order to establish the objectives of equality which should be achieved, companies will make a diagnosis of the situation by obtaining data disaggregated by gender in relation to the conditions of the work, with particular reference to matters such as access to employment, training, professional qualifications, the remuneration and management of working time, and the reconciliation of personal, family and work life. All for the purposes of finding, if any, the existence of situations of unequal treatment or opportunities between men and women lacking objective and reasonable justification, or situations of discrimination on grounds of sex, assume the need to set those objectives.

Of all this, the companies will give written account to the unitary labor representation and, if any, union, being able such representations to issue the corresponding report if they consider it appropriate.

The situation diagnosis should provide disaggregated data by sex in relation to, among others, the following issues:

a) The number of people in the job center or company template.

b) Distribution of the template by ages.

c) Distribution of the template by contract types.

d) The number of people who have entered the company according to the contractual mode of access.

e) The number of people who have stopped at the company detailed for reasons or reasons.

f) Number of people with temporary contract.

g) Number of temporary contract conversions in indefinite (fixed or discontinuous fixed).

h) Number of people by functional areas.

i) Number of persons per professional group (where applicable, distribution by professional categories).

j) Number of people promoted or promoted professionally.

k) Number of persons receiving training actions.

l) The number of people distributed according to workday mode.

m) Number of persons who have adapted or reduced their working time, or suspended their contract for leave of absence, for legal or other family reasons.

n) Number of days of absenteeism.

n) Monthly Remuneration.

o) Situations of sexual harassment and harassment on the basis of sex in which a firm judicial decision has been found to have recognised such situations.

p) Number of representatives in unit and union bodies.

q) Number of people with a high-address contract.

The criteria and channels of information or communication used in the selection, training and promotion processes should also be diagnosed, the methods used for the description of professional profiles and posts of work, language and content of job vacancies and application forms to participate in the selection, training and promotion processes.

In Annex II to this Agreement, a situation diagnosis template is incorporated into the enterprise of effective equality of women and men in order to facilitate the work of data collection to carry out the a corresponding diagnosis and assessment of the situation of equality, which may be used by companies in the hospitality sector.

The situation diagnosis data for the plans will always refer to the previous year.

Article 49. Objectives of the equality plans.

Once the diagnosis of the situation has been carried out, the concrete objectives to be achieved can be established on the basis of the data obtained and may consist of the establishment of positive action measures such as those identified in the Article 45 of this Chapter in those matters where there has been a finding of situations of inequality between women and men lacking objective justification and in the establishment of general measures for the effective implementation of the principle of equal treatment and non-discrimination.

Such objectives, which will include strategies and practices for their achievement, will preferably be aimed at areas of access to employment, classification, professional promotion and training, remuneration and management of working time to promote, in terms of equality between women and men, personal, family and work reconciliation, and the prevention of sexual harassment and harassment on grounds of sex, and among others:

(a) Promote selection and promotion processes on equality that prevent vertical and horizontal segregation, consisting in the maintenance, where appropriate, of situations of work and professional activity distributed by reason of sex, or occupation to a greater extent from positions of responsibility on the part of men to the detriment of women, as well as to avoid the use of sexist language. This will aim to ensure transparent selection procedures for entry into the company through the non-discriminatory drafting and dissemination of job vacancies and the establishment of objective and appropriate tests for the requirements of the of the position offered, related exclusively to the assessment of individual skills and abilities.

b) Promote the inclusion of women in positions involving command or responsibility.

c) Establish specific programs for the selection and promotion of women in positions in which they are underrepresented.

d) Review the impact of the different forms of recruitment on the workers ' collective in relation to workers and take corrective action in the event of a higher incidence of workers, of the forms of hiring used.

e) Ensuring equal access for women and men to the training of both internal and external enterprises, in order to ensure that women remain in employment, developing their training level and adaptability to the requirements of the demand for employment.

f) Specific information for women in training courses for positions that have traditionally been held by men.

g) Conduct specific courses on equal opportunities.

h) Review the supplements that make up the salary to verify that they are not closing discrimination against women workers.

i) Promote processes and set deadlines to correct the possible gender pay gaps between men and women.

j) To achieve greater and better reconciliation of the personal, family and work life of men and women through awareness campaigns, dissemination of permits, existing legal surplus or other measures.

k) Establish measures to detect and correct possible risks to the health of women workers, especially pregnant women, as well as actions against possible cases of sexual, sexual and sexual harassment.

Article 50. Drawing up and monitoring of equality plans in hospitality businesses.

Once the diagnosis of the situation has been made, the hospitality companies affected by this chapter will have to negotiate, in the area of complementarity of this chapter, with the unitary labor representation and, in their case, union representation, corresponding plan of equality under the principle of good faith.

In the event that there were discrepancies in the negotiation of the equality plan that would be in conflict in accordance with the provisions of the law, it will be possible to go to the Equality Commission created in the present case. Chapter, in order to facilitate the mediation of this. Exhausted from the intervention of the Equality Commission, any of the parties may request the alternative solution procedures provided for in Chapter 7 of this Agreement.

Once the Equality Plan has been signed, the Commission will be set up to follow up the Plan, which will have an action regulation to ensure compliance with the measures adopted in the Plan and to check through the indicators the degree of compliance of each target and measure.

The Equality Plan will last for four years, after which a new equality plan will be developed, applying the provisions of this chapter.

Article 51. Specific measures to prevent sexual harassment and harassment by reason of sex in the work and protocol of action in the field of hospitality enterprises.

1. Introduction.-Companies should promote working conditions that prevent sexual harassment and harassment on the basis of sex and to arbitrate specific procedures for their prevention and to give caution to complaints or complaints that they may formulate. who have been the subject of the same.

To this end, measures can be established to be negotiated with unitary labour representation and, where appropriate, union representation, such as the elaboration and dissemination of codes of good practice, carrying out information campaigns or training actions.

Both unitary and union representation should contribute to the prevention of sexual harassment and harassment on the basis of sex at work by raising awareness among workers and workers, informing the the company's management of the behaviors or behaviors on which they were aware and which could lead to it.

2. Definition. -Article 7 of the Organic Law 3/2007, of March 22 for the effective equality of women and men, defines sexual harassment as any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of to attack the dignity of a person, in particular when creating an intimidating, degrading or offensive environment and harassment by reason of sex such as any behaviour performed according to the sex of a person, with the purpose or effect to attack their dignity and create an intimidating, degrading or offensive environment.

3. Adoption of a code of conduct. -Without prejudice to the provisions of this article, as a preventive measure in situations of sexual harassment and harassment on the basis of sex it is proposed the adoption by the companies of Hostelería, with appropriate adaptations, of the "Code of Conduct on Measures to Combat Sexual Harassment" drawn up by the Commission of the European Communities, in compliance with the Commission Recommendation of 27 November 1992 on the protection of the the dignity of women and men at work, and which works as Annex III to this Chapter.

The purpose of the code of conduct, which must be disseminated within the companies, is to provide them and their staff with practical guidance on the protection of women and men at work, and to establish clear and precise recommendations and procedures to prevent sexual harassment and harassment on grounds of sex.

4. Protocol for the action of hospitality companies in cases of sexual harassment and harassment on grounds of sex.

The principles in which the protocol of action is based are the effectiveness and effectiveness of the procedures, as well as the speed and confidentiality of the procedures.

(a) Informal procedure.-In the light of the fact that in most cases the intention is simply that the undesired conduct should cease, first and as an unofficial procedure, the possibility of following a informal procedure, under which the person concerned clearly explains to the person showing the unwanted behaviour, that such conduct is not well received, offensive or uncomfortable, and that it interferes in his work, in order to to cease in the same. Such unofficial processing may be carried out, if the person concerned so decides and, at his choice, by a representative of the employees in the undertaking, both the unit and, where appropriate, the trade union body, by the immediate superior, or by a person in charge of the company's personnel department.

This procedure could be appropriate for the alleged non-direct, but environmental, workplace harassment, in which what is affected is the work environment, creating an offensive, humiliating, intimidating or hostile.

(b) Formal proceedings. -In cases where, as a result of direct harassment, due to the circumstances of the case, or because the informal procedure has been unsuccessful, the procedure is not appropriate, formal procedure.

1. The formal procedure shall be initiated with the submission of a letter, which shall include the list of incidents, as detailed as possible, drawn up by the person concerned who is the subject of sexual harassment. The person to whom the letter is addressed shall be, at the choice of the person concerned, a person responsible for the department of staff, or a person from the management of the undertaking. Also, if the worker or worker so decides, a copy of the same will be transferred to the unit and union representation in the company.

2. The presentation of the document shall give rise to the immediate opening of an information file, which is intended to ascertain the facts, giving a hearing to all the interveners, including the unitary representations and, where appropriate, union if the person concerned is not opposed, and the necessary steps are taken to clarify the veracity of the events.

3. During the processing of such actions, those involved shall be allowed, if they so wish, to change the position of work, provided that this is possible, until a decision has been taken in this respect.

4. The intervention of all the actuators, including any witnesses and, where appropriate, the unitary or trade union representatives of the staff, must observe the confidential nature of the proceedings, for directly affecting the privacy, dignity and honorability of people. Due respect will be observed both to the person who has filed the complaint and to the person who is the subject of the complaint.

5. The finding of the existence of sexual harassment or by reason of sex shall result in the imposition of the penalties provided for in Article 40.13 of this Agreement.

6. Where the finding of the facts is not possible, and no disciplinary action is taken, in no case will the complainant be represented, rather the situation will be monitored with particular attention to ensure that the harassment is not produces. In addition, and whenever possible, an organisation of work shall be sought to prevent the continued contact of those affected.

However, if the conduct of sexual harassment or harassment on the grounds of sex involves or implies by its evidence, notoriety or gravity, a direct or immediate attack on the dignity of the woman or man, the company shall take the measures Any disciplinary action that may be considered appropriate, without the need to refer to this procedure.

CHAPTER XI

Prevention of occupational risks and health and safety at work

Article 52. State Health and Safety Sector Commission at Work in the Hotel Sector.

1. The State Health and Safety Sectoral Commission at Work in the Hotel Sector is constituted as a collegiate body and does not therefore exist individualised competences in favour of its members, in order to promote the participation of employers and workers, through the business and trade union organisations which are signatories to this Agreement, in order to disclose and report on the professional risks existing in the sector, as well as the rights and preventive obligations of the employers and workers, and the promotion of preventive actions.

2. Its composition shall be of a joint nature and shall adopt its own rules of internal operation to be adopted by the negotiating body of this Agreement and shall, where appropriate, assume the powers and powers of consultation and participation in the matters related to the employment health policies in the sector that are agreed at any time by the aforementioned Negotiating Commission, in accordance with the provisions of the Law on the Prevention of Labor Risks.

3. The composition of the Commission will be eight representatives, four appointed by the business representation, two to CEHAT and two to FEHR; and four more appointed by the trade union representation, two to SMC-UGT and others. two to CC.OO. -Services. The designated components may be revoked by their respective organizations and thus replaced by others, the intervention of a commissioner with a delegated vote within the same organization being valid. The ordinary meetings shall be quarterly and the extraordinary meetings shall be held jointly by one of the two representations. The meetings of the Commission, provided that it is informed in advance in writing, may assist advisers and technicians who may speak with a voice but without a vote.

4. The components of the Commission shall be subject to the provisions of Article 65 (2) of the Staff Regulations and Article 37 (3) of the Law on the Prevention of Occupational Risks in respect of confidentiality and confidentiality. (a) professional information to be accessed as a result of the performance of his/her duties, even after he/she is no longer a member of that body. In any event, no documentation submitted to the Commission may be used outside the strict scope of the Commission and for different purposes for which it has been given, without the authorization of all the components thereof.

Article 53. Tasks of the Commission.

The Commission will have the following tasks:

(a) to disclose and report on the professional risks in the hospitality sector, as well as on the rights and the preventive obligations of the employer and the workers.

b) Driving information campaigns on occupational risk prevention.

c) Promotion of safety, health and specific preventive actions in companies in the sector.

d) Promote the involvement of workers in the enforcement of their preventive obligations.

e) Promote the study of working conditions in the hospitality sector.

f) The formulation of sectoral prevention plans.

g) Follow-up to the agreements in this field that are regulated in the collective bargaining at the lower level in the sector.

h) To press reports at the request of the parties on the issues raised by the correct and appropriate health and safety treatment in the sector.

i) Carry out your knowledge and experience in identifying the specific risks that need to be evaluated.

j) Determine the criteria and procedures for risk assessment in the hospitality sector.

k) Participate in the preparation, implementation and review of the prevention plans and programmes arising from this Commission.

l) Participate in the procedures, content and organization of information and training activities of workers in the field of safety and health.

m) Participate in initiatives to improve working conditions or to correct existing deficiencies on the proposal of any of the representations.

n) Participate in the design of health surveillance programs, adapted to the specific risks of the sector and the companies affected and the evaluation of their results, always with the limitations legally foreseen.

n) Know and evaluate statistics on the rate of absenteeism and their causes, occupational accidents and diseases, and their consequences and rates of accidents.

o) Promote actions for professional rehabilitation and the reinstatement of those who have suffered disabilities working in the sector's enterprises.

p) Conduct studies and evaluations of the incidence of alcoholism and drug addiction in the sector.

q) It will also address environmental issues related to the company and may have its origin in the work activity they develop in relation to occupational safety and health.

r) Issue reports on issues related to security and health in the sector.

s) Seek funding from public institutions for the development of their tasks, without prejudice to their own funds.

t) All those that correspond to the application of the Law on the Prevention of Occupational Risks.

u) Develop the objectives established or set out in the Spanish Security and Health strategies for the duration of this Agreement.

Article 54. Powers of the Commission.

In order to carry out its duties and to deal with all matters relating to safety and health in the undertakings concerned by this Chapter, the Commission shall have the following powers:

(a) In the case of preventive action, the conduct of visits to undertakings may be exceptionally agreed, provided that they are planned by unanimous agreement of the Commission, the undertaking concerned is previously heard, and the visit is (a) to be carried out by the appointed Commission members.

b) They may request information and timely documentation for the purpose of the mission announced during the visit, always on issues related to working conditions and their health risks.

c) You may be aware of reports and studies available to the company on issues related to prevention, safety and occupational health, from the Prevention Services, the Labour and Social Security Inspectorate, or other entities.

d) Request the intervention or advice of the public or private entities that they believe fit for the correct performance of their functions.

e) Promote and participate in research on: risk assessment and control; incidence of work-related harm; and, assessment of the effectiveness of preventive action.

f) To know and evaluate statistics on the rate of absenteeism and its causes, occupational accidents and diseases, and their consequences and rates of accident, obtaining the official data in power of the public bodies.

g) Promote the participation and collaboration of workers in prevention, by collecting and studying their suggestions and proposals.

h) Study and dictate how many proposals companies make in order to prevent risk.

Article 55. Specific scope of action of the programmes to promote health and safety at work.

The Commission's actions in the field of health promotion and safety at work programmes will be prioritised in those companies whose templates are between 6 and 50 employees and lack legal representatives of the European Union. workers, as well as companies with fewer than 6 workers and self-employed workers.

The criteria for the selection of companies must be agreed unanimously by the Commission, with the same objective data, such as accident rates, greater difficulties for the action to be met. preventive or similar.

Article 56. Territorial safety and health commissions in the lower scope work.

The Sectoral State Commission may determine the requirements for the creation, where they do not exist, of territorial commissions or similar bodies of lower scope and to regulate the concurrency between territorial areas.

CHAPTER XII

Conventional subrogation in the subsector of collectivities or social restoration. Guarantees for employer change

Article 57. Introduction.

This chapter aims to ensure the business subrogation, with its effects, in cases of succession or substitution of companies of collectivities, in which the requirement of the patrimonial transmission does not exist.

The absorption of personnel between those who take place by any title in the activities listed in this Chapter shall be carried out in accordance with the following terms and conditions, as follows:

(a) Where Article 44 of the Workers ' Statute applies, the scheme and its own effects shall be the same.

(b) Where the change in ownership does not fall within the scope of Article 44 of the Staff Regulations, the subrogatory effects, in the light of the peculiar characteristics of the activity defined in the The scope of application shall be conditional on the assumptions and rules validly provided for in this regulation.

In any event, Article 44 of the Staff Regulations shall apply in full in accordance with the provisions of this Agreement.

However, in both cases, the formal and documentary obligations that are established will apply.

Article 58. Exclusion.

This regulation will not apply to the activity of Accommodation and Lodging, neither as a main company or client, nor as a ceding or transferee company, so companies in this sub-sector of activity will be governed, exclusively in this field, by virtue of the provisions of the Staff Regulations and other legal rules of application.

Article 59. Scope of application.

1. It is understood by the service of collectivities or social restoration, that which carried out by an undertaking between the main company (client) and the diner, provides a host service and proceeds to elaborate and transform the food by means of a system and organization of its own, in the premises of the same "client" or in its own, always serving later, such food in the spaces enabled to the effect by the customers and perceiving therefore a consideration. Also included within the scope of this chapter are the host services provided under administrative concessions by companies belonging to the sub-sector of social welfare or catering, for example in centres of teaching, hospitals and airports, among others.

2. For the purposes of this Agreement:

(a) Workers and workers concerned or beneficiaries of the content of this Agreement, the workers actually employed by the main undertaking or transferor at the time of the transmission, the employment relationship of which is This is done under Article 1 of the Workers ' Statute. Without affecting the peculiarities of the temporary or fixed contractual link, -nor the specific aspects of the development of the employment relationship (with respect to day, category, etc.)-in the terms set out in Article 61 of this Agreement.

In short, they will be workers affected by the subrogation, those who were assigned to carry out their work in the company, center of activity or part of the same object of the transmission.

(b) In terms of companies, it will be any natural or legal person, regardless of their legal, individual or corporate, with or without a profit-making order to develop their activity in the community.

Primary or client: Any natural or legal person (in the terms expressed in paragraph b) directly responsible for the decision making in respect of the dispensation, or not, of the service; irrespective of whether it is the owner or non-owner of the facilities or equipment necessary for the provision of the same, or is entrusted with the task of managing it under any title.

Company: Any natural or legal person (in the terms expressed in paragraph (b)) who, for any of the reasons provided for in this Chapter, loses the quality of the employer with respect to the undertaking, the activity centre or part thereof, subject to transfer, transfer, sale, lease or transfer.

Company transferee: It shall be any natural or legal person (in the terms expressed in paragraph (b)) who, by any of the causes provided for in this Chapter, acquires the quality of the employer with respect to the the company, the work centre or the part thereof, which is the subject of the transfer, transfer, sale, lease, transfer or concession.

Diner: Subject to which the Hostelry services are intended for succession or replacement.

Article 60. Object and assumptions of the business succession or substitution.

The provisions of this Chapter shall apply in all cases of succession or replacement of undertakings, in which there is no such transfer, as a consequence of the change in ownership of an undertaking, work, of an autonomous productive unit, of a unit of exploitation, marketing or production of the activities of collectivities, or parts thereof under other circumstances:

In cases where a company ceases to be the activity of collectivities by decision of the principal undertaking and is directly responsible for the holding, developing such activity exclusively or principally, assume the position of a transferee company as provided for in this chapter. If the activity is to be carried out by a third undertaking, which is the principal or subsidiary of the undertaking, under concession, lease or any other title, it shall also operate the subrogation.

So, the provisions in this chapter will apply among other assumptions to:

(a) Transmission arising from the existence of a contractual expression expressly subscribed to the effect between the principal undertaking or transferor and transferee, as such, any legally relevant act which may entangling a modification of the company's ownership: lease or any other, whether mercantile or civil, administrative resolution or firm judgment, even the cession of mortis causa.

b) Succession of contracts, Concession of the operation of services and administrative concessions. In the case of succession for administrative concessions, this Chapter shall be operated independently of the provisions of the specification.

c) Fusion or emergence of new legal personality arising from the union of two or more previously existing companies, which disappear to make way for a new society.

(d) Business absorption in which the legal personality of the acquiring company remains, even if that of the absorber is removed.

e) Also include:

1. Cases of transmission resulting from a judicial intervention, such as a competition from creditors, or the return of the company to its original owner as a result of a court decision that resolves a contract, whether commercial or civil.

2. Cases of transmission resulting from a judicial intervention, which resolves the contract for non-compliance with the clauses of the concession contract. It shall also operate the subrogation in the terms set out in this Chapter where, for failure to comply with the terms of the contract, lease, or any other similar legal form, the main undertaking resolves the contract directly designating the new holder of the concession.

Article 61. Staff membership.

1. In order to guarantee the principle of stability in the employment of the workers in the subsector of collectivities and the business subrogation in the labor relations of the staff, by whom it happens to the outgoing company in any of the Article 60 of the Agreement provides that the employees of the transferring undertaking shall be assigned to the transferee undertaking which is to perform the service, in compliance with the economic, social, and economic rights and obligations of the undertaking. The Commission is also in the process of being able to do so in the company. the following assumptions:

(a) Workers in active employment who provide their services in such an activity centre with a minimum age of four months in the same, regardless of the nature or modality of their employment contract. For the purposes of this calculation, the term "time worked" shall mean periods of vacation, temporary incapacity or other supposed suspension of contract due to legal or action.

b) Workers who at the time of change of ownership of the company, job center, autonomous productive unit, unit of exploitation, marketing or production of the activity or part thereof, find sick, injured, in maternity, in excess or in any other situation where the contract is suspended on the basis of any rule that is legally or conventionally established, provided that they have provided their services in the centre which is the subject of the subrogation prior to the suspension of his employment contract and which meet the minimum age set in the previous section.

(c) Workers who, with a contract of interinity, replace one of the workers mentioned in the previous paragraph, and until the cause of interinity ceases.

(d) Discontinuous fixed workers, with minimum age of four months in the workplace, and who have provided service in the workplace.

2. There shall be no subrogation in respect of the individual entrepreneur or businesswoman or the shareholders or shareholders with effective control of the undertaking, administrators or managers of the undertaking, spouses of the above and workers or workers hired as permanent fixed or fixed and who have a relationship of kinship up to 2. degree of consanguinity or affinity with the former, unless otherwise agreed.

Workers and workers not affected by the business subrogation will continue to be linked to the company in all effects.

Article 62. Formal aspects of the subrogation.

1. The principal undertaking shall inform the undertaking of the designation of a new transferee undertaking and the date on which the subrogation will actually take place.

2. In the course of the five working days following the date of the communication of the principal employer, the transferor company must prove to the transferee, document and form all the above cases. referred to by the documents and within the time limits set out below:

Negative certification for discovered in the General Treasury of Social Security.

Negative Certification of the Finance Administration.

Photocopy of the last four monthly payrolls of the affected workers.

Photocopy of TC-1, TC-2, and TC-2/1 of Social Security for the last four months.

Staff relationship in which you specify: First and last name, address, number of Social Security affiliation, seniority, annual gross salary, day, time, method of hiring, date of enjoyment of your holiday and specification of the term of office if the worker or worker is a union representative.

Workers and workers who are in a situation of work contract suspension, indicating the data referred to in the previous paragraph.

Photocopy of the written work contracts of the staff affected by the subrogation.

Pacts or clauses signed with workers, whether individual or collective.

Justifying that all workers affected by the subrogation have been liquidated, the proportional portion of the assets up to the time of the subrogation, with no amount remaining pending.

In the case of holidays to be enjoyed, the outgoing company will inform the incoming company of this situation, establishing between both the form of payment for each company of the corresponding part.

The outgoing company will inform, if appropriate, of the exact state of the processes, litigation, litigation and of how many labor matters are pending or in progress before the competent labor authority or before which organizations public, both with regard to workers and workers on the job and those already unemployed.

Risk assessment.

Within this same period, the rights of information and consultation of workers provided for in Article 64 of this Agreement shall be completed.

3. On the date of the intended subrogation and after the requirements laid down in this Agreement have been met, the transferee shall proceed to the incorporation of the workers.

At the same time, both parties will proceed to the signature of the document provided for in Annex IV to this Agreement, which will include the declaration of workers who maintain family ties or relationship of kinship to second degree of affinity or consanguinity, with the transferor, if this is a natural person, or with the shareholders, shareholders, administrators or managers or managers of the outgoing undertaking if it is a legal person, as well as the spouses of these.

If the requirements are not met, the company will automatically cease and without further formalities, it will be subrogated in the staff who provide its services in the center of activity object of the succession or substitution, in the terms referred to in this Chapter.

Article 63. Content of the protection.

1. The provisions here are mandatory for the parties to which it is affected, the principal undertaking, the transferor, the transferee and the worker or the worker, without any waiver of rights being valid. Such an imperative requirement shall not be removed if the undertaking ceases to suspend the service in whole or in part.

2. The incoming company will be subrogated to the rights and obligations of the workers.

3. The salary and extranalarial debts that may exist generated by the transferor company will be satisfied by the company, responding to the main company jointly and severally.

4. In relation to the scope of social security benefits:

(a) The transferee company is obliged to subrogate itself in the business obligations related to the legal regimes. In relation to the complementary ones, whether they are regulated in a legal or conventional standard, if any of them were to be paid (retirement, invalidity, payments in favour of survivors or any others) the company that assumes such payment will be able to claim the previous undertakings payment of the proportional share which may correspond to them.

(b) In the event of the existence of Social Security debts due to overdrafts or of the wage differences generated by the transferor company, it will be the one that responds to them, without any responsibility from the company. transferee company.

Article 64. Guarantees of workers ' representatives.

The new company must respect the union guarantee of those delegates and delegates of staff or members of the business committee and union delegates and delegates affected by the subrogation until the end of the mandate for who were elected.

Article 65. Rights of information and consultation.

Both the transferring company and the transferee company must inform the legal representatives of the workers affected by the transfer, prior to the succession or business substitution, of the following issues:

The certain or expected date of the handover.

The reasons for it.

The legal, economic and social consequences for workers.

Measures planned for workers and workers.

The nominal ratio of all workers, including those in contract suspension assumptions, affected by the business subrogation in detail of the contract mode of the contract.

The nominal and motivated relationship of workers excluded from the business subrogation.

TC2 of the last four months.

In cases where there are no legal representatives of the workers, those affected by the transfer will be informed, individually and in advance of the succession or business substitution of the content. in the first four points above, in addition to the personal situation of the worker or worker concerned with respect to his individual contract.

Article 66. Re-adaptation of the number of workers.

If by administrative decision or legal standard a transfer or relocation of diners, in important number (more than 75%), would be produced in centers other than those in which the service of collectivities was originally received, undertakings may adapt the number of workers in the centres affected by the redistribution in accordance with the terms laid down in this Agreement. In such a way that the company of collective beneficiaries of the increase of diners will have to increase its staff to dispense the service with the surplus staff of the other company. If, as a result of the foregoing, the staff cannot be relocated, the surplus shall remain in the original undertaking in order to maintain in all cases the total number of workers between the two centres concerned, without prejudice to the of the business measures that can be taken in the current legal framework.

Single additional disposition. Hospitality and Tourism Foundation.

1. The Hospitality and Tourism Foundation is the joint instrument of the sector constituted by the signatories to this Agreement, for the provision of services to promote vocational training, research and improvement of employment, promotion and development of actions to improve occupational health and safety at work, to promote and develop employment partner relations in the hospitality and tourism sector, contributing to the improvement of social dialogue in all areas for collective bargaining in the sector, and for the general promotion of the hotel and hospitality sector tourism.

2. The Hotel and Tourism Foundation is registered in the Register of Labor Foundations under the Ministry of Employment and Social Security, by Order ESS/1970/2012, of 2 August (BOE of September 19).

3. The scope of the Work Foundation Hotels and Tourism is related to the scope of application of this Agreement, which extends to the sector of Hostelería de España, according to and in the terms contained in its Statutes.

4. The system of financing of the Labor Foundation Hotels and Tourism, in relation to the contributions, will be agreed by the parties when the Supreme Court resolves the appeal filed against the judgment of the National Court of 25 July 2014 (autos 103/2014).

Final disposition first. Replacement and repeal of previous agreements.

The agreements or agreements reached at the State level of the hospitality sector prior to this Agreement are hereby repealed and wholly replaced by this Agreement.

Final disposition second. Entry into force.

This Agreement shall enter into force on 1 January 2015, without prejudice to its publication in the Official Gazette of the State.

Madrid, at 25 March of the year two thousand fifteen.

ANNEX I

A correlation table approved on 9 April 1997 from the former professional categories to those contained in the current professional groups of this Agreement, both from the defunct work ordinance for the hospitality industry such as those which may be included in the collective agreements at a lower or specific level

A) This table of correspondences between the professional categories provided for, both in the extinct Labour Order and those which may be included in the collective agreements of a lower or specific scope; and the professional groups covered by this Agreement, as stated in the Agreement itself in Article 18, have the object of making it easier for employers and workers to adapt to the system of professional classification.

B) The corresponding correspondences respond only to the claim to establish assimilations to the area and professional group, thus having exclusively functional scope.

The collective agreements of a lower or specific scope affected by this Agreement will have to redirect the old professional categories to the different categories of categories of the Agreement, the purpose of which is to homogenise the Denominations employing the tables and salary levels of the various collective hospitality agreements.

The adaptation of those categories of categories that may exist in the collective agreements of a lower or specific scope and which do not respond to any of the categories of the extinct Labor Ordinance of Hostels, shall be carried out directly by the negotiators of those, using the reference which constitutes the tasks set out in Article 17 and the professional framing factors referred to in Article 13 of this Agreement.

By collective bargaining at a specific or lower level than this Agreement, wages may be established, and may be determined by the professional structure and valuation of the salary. the different tasks, as set out in 12.5 of the same tasks.

Functional Area First

Receiving-Consercraft, Public Relations, Administration, and Management

Exink Hostelry Labor Ordinance and other categories

-

-

accounting.

Office and Accounting Auxiliary.

Box Auxiliary.

EALH Occupations and Jobs	Professional Group
	of Reception.	Head/Receive.	1. º
Second Head of Receive.	2. th Head/Receive.	1.
Head/a Commercial.	1.
Accounting. First Chief. Second Chief.	Head/Administration.	1.
day concierge. Second day concierge.	First/Concierge.	1. º
	Receptionist. Cajero (Sections 1 and 2).	Receptionist.
	Conserje (Section) 8. º).	Conserje.	2.
account holder. Interventor Accounting. Official of 1. Official of 2. ª Factorist. Cajero (Section 6.)	Administrative/a.
2.		2. º
-	Commercial.	2.
-	Technic/to Job Risk Prevention.	2. º
Receive helper. Concierge assistant. Concierge assistant. Interpreter.	Help/Receive and/or Concierge Telefonista 2.	2.
Assistant/Administrative.
Portero. Portero of cars. Portero receiver. Portero of cars. accesses. Service carrier. Salon Ordinance. Ascensorist. Buttons. Cobrator. Tker. Receive and Accounting Apprentice. Luggage Mozo for Interior. Office Auxiliary. Applicant.	Auxiliary Receive and Concierge.	3.

Functional Area Second

Cooking and Economate

Exink Hostelry Labor Ordinance and other categories

.

2.

2.

EALH Occupations and Jobs	Professional Group
Head of Kitchen.	Head/Kitchen.	1. º
2. Head of Kitchen.	1.
-	1.	1.	1. 1.
of Item.	Head/Starting.	2.
.	Cook/a.	2.
Refuel. refueling Officer.	refuelling/a.	2.
Enloaded with economate and hold. Bodeguero. Store loaded.	Chargé/a economate.
	2.
2.
Help/to economate.
	Marmiton. Pinche. Coffee Helper. Fregador. The scrubbing-table_to_body_body. silverware staff. Kitchen Apprentice.	Help cook/economate.	3.

Functional Area Third

Restaurant, Room, Bar and Similar, Collectivities and Track for Catering

Exink Hostelry Labor Ordinance and other categories

The_table_table_izq"> Monitor Assistant.

EALH Occupations and Jobs	Professional Group
Manager. Head of Dining Room or Mainstress. 1. counter charge. 1. charge. First head of room.	Head/Restaurant or Room.	1.
2nd Dining Manager. 2nd Counter Encounter. 2nd Enloaded. Second Dining Manager. Second Room Manager. Floor Butler.	2nd Head/Restaurant or Room.
Operating Officer.	Chief Operating Officer.	1. º
-	Center Manager.	1.
of Sector.	Head/Sector.
Dependent 1. Dependent. Dependent 1. Dependent body. Dining room. Flooring of Floors. Planchist.	Camarero/a.	2.
Barman. 2. º Barman.	Barman/Barwoman.	2.
Sumiller.	Sumiller/a.	2.
Head of Catering Room.	Head/Room Catering.
Monitor.
Monitor/to Catering.	2.
collectivities.	Supervisor/a collectivities.	2.
-	Supervisor/to Modern Restore.	2.
assistant. Assistant. planchista assistant. bartender assistant. Dependent dependent. Dependent. Dependent. Flooring Helper. Apprentice. Waiter apprentice.	3.
	. º	3.	3.	catering.	2.
-	Conductor/team catering.
Assistant.	Assistant Catering Team.	3.
-	Preparing/to Restore modern.	2.
-	Monitor/a or caregiver/a collectivities.
	-	-	-	3.
3.
Prepare Assistant.
	Catering preparer/assembler.	3.
-	Modern restore wizard.	3.

Fourth Functional Area

Floors and Cleaning

Exink Hostelry Labor Ordinance and other categories

Cleanup Staff.

Cleanup.

Room Mozo.

The_table_table_izq"> Laundry Mozo.

EALH Occupations and Jobs	Professional Group
general or governance first.	Ruler/a or Encharged/General.	1.
second. Enloaded with Lingerie. Enloaded with Lingerie or Laundry.	Subruler/a or Enloaded/a section.
	Lencera. Lencera. Plancher, Costurera, Lavandera, and Zuridora.	Camarero/a Floors.
Auxiliary floors and cleanup.	3.

Functional Area Fifth

Maintenance Services and Auxiliary Services

Exink Hostelry Labor Ordinance and other categories

EALH Occupations and Jobs	Professional Group
-	Head/Services Catering.	1. º
of jobs.	Enload/to maintenance and auxiliary services and Enloaded/to maintenance and technical services catering; or fleet; or facilities and buildings.	1.
Room loaded.	Enloaded/to section.	2.
Mechanics or Heater. Ebanist. Electric_table_table_izq"> Carp_body or. Albanese. Pintor. Driver. Fontanero. Jarmoney.	Maintenance and Services Specialist and Maintenance Specialist and Technical Catering Services (fleet and facilities and buildings).	2.
Mechanic assistant or Calefactor. Assistant. Ebanist Assistant, Carpenter O, Electrician, Albanyl, and Pintor. Mozo	Auxiliary maintenance and auxiliary services.	3.

Functional Area Sixth

Additional Services

Exink Hostelry Labor Ordinance and other categories

EALH Occupations and Jobs	Professional Group
Creation Area.	Responsible Service.		Technician (physiotherapist, dietitian, and other Health Sciences graduates).	2.
	Specialist (first responder or specialist aid, animator/tourist or leisure time, monitor/sports/a, pricks, masseur, chiromasista, esthetician, thermal specialist or spa, hydrotherapist and specialist customer service).		Auxiliary (auxiliary customer care and pool or spa auxiliary).	3.

ANNEX II

Equal status diagnosis template for women and men in hospitality companies

This template must be made by job center, as well as globally for the entire enterprise.

a) Number of people in the job center or company template:

or previous years

Number of women	Number of men

B) Distribution of the template by ages:

or previous years

Tramos	Number of women	Number of men
than 19 years.
From 19 to 30 years.
31 to 45 years.
	46 to 55 years old.
From 56 to 60 years.
61 to 65 years.

c) Distribution of the template by contract types:

Template by Contract Type

Discontinuous Fixed-Time Fins.

Previous Year or
Women	Men
-time Fijos.
-time Fijos.
-time discontinuous rows.
fulltime body.
-time temporary.
Other contractual modes.

d) Number of people who have entered the company according to the contractual mode of access:

Contract Nature	Previous Year or
	Women	Men
Indefinite Fixed.
On a given or temporary basis.

e) Number of people who have ceased in the company detailed for reasons or reasons:

Cause or Reason	Previous Year or
	Women	Men
time contract.
Worker's mission.
not exceed trial period.
Despid.
Retirement.
	Invalidity or Invalidity.
Other.

f) Number of people with temporary contract:

Type	Previous Year or
	Women	Men
specific work or services.
Eventual circumstances of the production.
Interinity.
Raised or replace early retirement.
	Puesta to disposition (ETT).
.
.

g) Number of temporary contract conversions in indefinite (ordinary fixed or discontinuous fixed):

Type	Previous Year or
	Women	Men
specific work or services.
Eventual circumstances of the production.
Interinity.
Raised or replace early retirement.
	Puesta to disposition (ETT).
.
.

h) Number of people by functional areas:

Functional area	Previous year or years
	Women	Men
Area (Reception-Consercraft, Public Relations, Administration, and Management).
Area second (Kitchen and Economate).
Area third (Restaurant, Room, Bar and Similar; and Track for Catering).
Area 4 (Floors and Cleanup).
Area (Maintenance Services and Auxiliary Services).
Area sixth (Complementary Services).

i) Number of persons per professional group (if applicable, may be made by professional categories):

Functional areas

Professional groups	Previous Year or
	Men
First	1. º
		2.
2. º
3. º
Third	1. º
		. º
	Fourth
		1.
2.
3. º
Fifth	1.
	2. º
3. º
Sixth	1. º
	3. º

j) Number of people promoted or promoted professionally:

year or previous years	Women	Men

k) Number of persons receiving training actions:

year or previous years	Women	Men

l) Number of people according to their workday:

Type	Previous Year or
	Women	Men
to split or split.
Day.

m) Number of persons who have adapted or reduced their working time, or suspended their contract for leave of absence, child's legal guardian, or other family reasons:

	Previous Year or
	Women	Men
Excedence.
child legal guardian.
Other family reasons.

n) Number of absenteeism days:

Adoption or Welcome.

	Previous Year or
	Women	Men
sickness and non-work accident.
and disease accident professional.
Maternity or Fatherhood.
Permissions.
absences.

n) Monthly Average Remuneration:

year or previous years	Women	Men

All the remuneration received in the year should be taken, dividing them by the number of days of worker or worker stay, to multiply them by 30 days. The amounts of all workers, on the one hand, and the workers on the other, are divided by the number of workers, and the average monthly salary is obtained by gender.

o) Situations of harassment and harassment on grounds of sex:

year or previous years	Women	Men

This paragraph shall be completed only in cases where there is a firm judicial decision that has recognised the situations of sexual harassment or harassment on grounds of sex.

p) Number of representatives in unit and union bodies:

year or previous years	Women	Men

q) Number of people with a high-address contract:

year or previous years	Women	Men

ASSESSMENT, COMMENTS, and REMARKS:

.................................................................................................................................................................................................

Date and Signature (Company)

ANNEX III

Code of conduct on sexual harassment and harassment on grounds of sex for hospitality companies

I. The management of the company expresses its concern and commitment to avoid and resolve the alleged sexual harassment and harassment on the basis of sex, and to such effects it expresses its wish that all personnel be treated with dignity, not allowing tolerating sexual harassment and harassment on the basis of sex at work.

II. Sexual harassment means the situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs for the purpose or effect of attacking the dignity of a person, in particular when creating an environment bullying, hostile, degrading, humiliating or offensive. Sexual harassment is understood to mean any behavior performed according to the sex of a person, with the purpose or effect of attacking his or her dignity and creating an intimidating, degrading or offensive environment.

III. All people have a responsibility to help create a working environment in which dignity is respected. For their part, the persons in charge of each department shall ensure that sexual harassment and harassment on grounds of sex in the sectors under their responsibility do not occur.

IV. All staff have the right to file a complaint if sexual harassment or sexual harassment occurs, which will be treated with seriousness, readiness and confidentiality. They shall contain the description of the incidents and must be addressed, at the choice of the person concerned, to a person responsible for the department of staff or to a person from the management of the undertaking, in accordance with the terms laid down in the Article 51 of Chapter 10 of this Agreement.

V. Article 40.12 of the EALH provides that it is a very serious, punishable-by-option of the company-with suspension of employment and pay of 16 to 60 days or with disciplinary dismissal, " any conduct or conduct, in the field of work, which is a matter of respect for the privacy and dignity of the woman or man through the offence, physical or verbal, of a sexual nature. If such conduct is carried out by prevalding a hierarchical position, it shall constitute an aggravating circumstance of that position. "

In cases where a person incurs sexual harassment or harassment on grounds of sex, the person shall be punished as required by the prescribed provision.

ANNEX IV

Subsector for social restoration-social restoration and succession document

In application of the provisions of Article 62.3 of Chapter 10 of this Agreement, the company shall, within five working days from the date of the communication of the principal undertaking on the designation of a new company, will make delivery of the present document to the transferee company, with copy to the main company and the unitary and union representations of the workers of the transferring and transferee companies, with the following data and documents that are related:

1. Parent company or customer: reason and registered office.

2. Transferring company: reason and registered office.

3. Transferee company: reason and registered office.

4. Date of the business subrogation: day, month, and year.

5. Negative certification for discovered in the General Treasury of Social Security, which is attached as document number 1.

6. Negative certification of the Finance Administration, which is attached as document number 2.

7. Photocopy of the last four monthly payrolls of the affected workers, which are grouped together as document number 3.

8. Photocopy of TC-1, TC-2 and TC-2/1 of social security contributions of the last four months, which are grouped together as document number 4.

9. Staff relationship, specifying:

(a) First and last name, address, number of affiliation to Social Security, seniority, annual gross salary, day, time, method of hiring, date of enjoyment of your vacation and specification of the period of mandate if the worker or worker is a union representative.

(b) Workers who are in a situation of suspension of contract of employment, indicating the data referred to in the previous paragraph.

10. Photocopy of written work contracts of staff affected by the subrogation, which are grouped together as document number 5.

11. Covenants or clauses signed with the workers, whether individual or collective, which are grouped together as document number 6.

12. Proof that all workers affected by the subrogation have been liquidated, the proportional share of holding up to the time of the subrogation, no amount remaining pending; which is attached as document number 7.

13. Staff holiday periods to be enjoyed (detailed by days and per worker).

14. The exact state of the proceedings, litigation, litigation and how many labor matters are pending or in progress before the competent labor authority or before which public bodies, both in respect of workers and workers in active to those who have already ceased (details of cases, proceedings and court or administrative body which is familiar with the cases).

15. Relationship of workers who maintain a family relationship or relationship of kinship to a second degree of affinity or consanguinity, with the transferor entrepreneur, if this is a natural person, or with the shareholders or partners, administrators or managers or managers of the outgoing company if it were a legal person, as well as their spouses (details of name, surname, number of DNI or NIE and degree of kinship).

16. Risk assessment.

Place, date and signature of the representative of the transferor company.

I received from the lead company representative or client.

I received from the new company representative.

I received from the unitary and union representations of the transferor and the transferee company.

ANNEX V

Regulation of the Equality Commission of the State Labor Agreement for the Hotel Sector

On 24 July 2008, a new chapter on the effective equality of women and men, in which Article 3 was established, was incorporated into the Third State Labour Agreement for the Host Sector (ALEH III). of the Joint Committee, the Commission on Equality in the State sector of Hostelería, which is covered by this Rules of Procedure.

This chapter covers the principle of equality and regulates the prohibition of discrimination on grounds of sex in the field of work and, in addition, with the aim of facilitating compliance with the obligation to draw up and implement of the equality plans in companies, rules and criteria are provided for companies to be able to establish an equality plan in their field when they are obliged to do so or decide voluntarily.

Article 1. Composition of the State Equality Commission of the Hotel Sector.

The State Equality Commission in the hospitality sector will have the following composition:

Two representatives per SMC-UGT.

Two representatives per CCOO-Services.

Two representatives per FEHR.

Two representatives by CEHAT.

Article 2. Designation of the members of the State Equality Commission of the Host Sector.

Each union and business organization that has signed the ALEH will appoint the representatives to be integrated into the State Equality Commission of the Hotel Sector. The designation shall be intended to be carried out on a woman and on a man in order to provide a balanced and equal composition of women and men within her.

The designation, revocation and replacement of the representatives of each organization shall be free and not subject to more requirement than the notification to that effect to the State Equality Commission of the Host Sector.

Article 3. Address of the Equality Commission.

The seat of the Equality Commission is the same as the joint committee of the EHR, in each of the offices of the business and trade union organizations that are signatories to it.

It is also enabled for the purpose of notifications to facilitate the development of the Equality Commission in the following e-mail addresses:

hosteleria.turismo@smcugt.org

mestebaranz@servicios.ccoo.es and cristina.garcia@servicios.ccoo.es

eruiz@fehr.es

anamaria@cehat.com

Article 4. Chair and Secretariat of the State Equality Commission for the Hotel Sector.

The mandate of the Presidency and the Secretariat will coincide with the calendar year, renewing each year so that if the Presidency is held by trade union representatives, the Secretariat will be the business representative, and vice versa.

The criteria and the allocation will coincide with that of the current Joint Commission of the EALH.

The Presidency and the Secretariat will rotate each year between each of the business and trade union representations, so that all of them, through their representatives in the Commission, regularly hold the above mentioned charges.

Article 5. Convening of the sessions of the Equality Commission.

A quarterly session will be held on an ordinary basis.

On an extraordinary basis, at the request of the Presidency, at least four of the members of the Commission. The session in this case will be held within 15 working days.

Article 6. Development of the sessions of the Equality Commission.

Of the meetings held, the corresponding minutes shall be drawn up, in which the agreements adopted and, where appropriate, the positions of the parties, shall be recorded.

In the event of non-attendance at the sessions, the members of the Commission may be represented by another member of the Commission, in writing to the Presidency. It may also be replaced by another person who is a member of the EHR of his own organisation.

The agreements of the Commission shall be adopted unanimously by its members, and shall be ratified by the Joint Committee of the EHR, taking effect and validity when such ratification occurs.

The members of the Equality Commission, as well as the advisers and advisers involved, will respect the confidentiality of the matters dealt with in their meetings as well as the documentation and data presented by the parties. In any event, no document submitted by the parties to the Commission may be used outside the strict scope of that document or for purposes other than those which prompted its delivery.

Article 7. Duties of the Equality Commission.

They are the functions of the Equality Commission, to assume and to exercise specifically the competences of the Joint Committee of the EHR on the subjects related to the equality of women and men in the field of work.

To monitor the implementation of the equality measures provided for in the current ALEH, as well as those that could be found in the lower-level collective agreements and the equality plans in the companies of the Hospitality sector. For this purpose, information may be obtained from the negotiating parties to the agreements referred to above, as well as to the undertakings in respect of the equality plans. An annual report shall be drawn up on the basis of this monitoring report.

Follow-up to the negotiation and implementation of equality plans in companies. To this end, a copy of each company's equality plan may be obtained, as well as information on its implementation.

Report on equality rights and obligations, as well as on the elaboration and implementation of equality measures and plans, on companies and legal representations of workers who request it through some of the business and trade union organizations that have signed the ALEH.

Elaborate studies on aspects related to equal treatment and opportunities among women and men in the sector, seeking grants from public authorities for this purpose.

Propose new measures on equal treatment and opportunities for women and men, for inclusion by the Negotiating Commission in the content of the EALH.

To collect from the public authorities the incentive measures to promote the voluntary adoption of equality plans, especially in small and medium-sized enterprises in the hospitality sector.

Inform and disseminate to the sector how many initiatives and measures are taken to the effect within the Equality Commission, as well as organise days related to equal treatment and opportunities between women and men in the Hospitality sector where it is necessary for this Commission to obtain grants from the public authorities for this purpose.

In the event that there were discrepancies in the negotiation of the equality plan that will be a conflict nature, this Equality Commission will be able to go to this Commission, in order to facilitate its mediation. After the intervention of the Equality Commission is exhausted, either party may request alternative dispute settlement procedures with the Interconfederal Mediation and Arbitration Service (SIMA) or the Community-wide services. Autonomous competent in these matters.

Article 8. Adaptation and amendment of the Regulation.

This Regulation shall be adapted and amended on a proposal from any of the business and trade union representatives of the Equality Commission, and by the unanimous agreement thereof.