Resolution Of 6 May 2015, The General Directorate Of Employment, By Which Register And Publishes The V State Level Labor Agreement For The Hospitality Industry.

Original Language Title: Resolución de 6 de mayo de 2015, de la Dirección General de Empleo, por la que se registra y publica el V Acuerdo Laboral de ámbito estatal para el sector de hostelería.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5613

Having regard to the text of V labor agreement state level for the hospitality industry (ALEH V) (agreement code no. 99010365011900), which was signed, dated March 25, 2015, on the one hand by the Spanish Confederation business organizations hotels and Tourist Accommodation (CEHAT) and Spanish Federation of Hospitality (FEHR), representing companies in the sector, and, secondly, by the Federation of Services unions for Mobility and Consumption of UGT (SMC-UGT) and CCOO Federation Services (CC.OO.-Services), on behalf of the affected labor group, and in accordance with Article 90, paragraphs 2 and 3 of the Law of the Workers' Statute, revised text approved by Royal Legislative Decree 1 / 1995 of March 24, and Royal Decree 713/2010, of May 28, registration and deposit agreements and collective bargaining agreements,

This solves DG Employment:

First.
Sort
registration of that labor agreement in the register of collective agreements and working arrangements with operation through electronic means of this Management Centre, with notice to the Bargaining Committee.

Second.

Having its publication in the "Official Gazette".

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

V LABOR AGREEMENT FOR STATE AREA OF HOSPITALITY SECTOR (ALEH V)

Agreement code no.
99010365011900 PREAMBLE


The labor agreement state level for the hospitality industry (ALEH) is the result of collective bargaining at the state level in this sector, which formally began on February 20, 1995 with the establishment of the negotiating committee, responding to the need to replace the old Labour Ordinance Hospitality Industry 1974, pursuant to the then current sixth transitional provision of the Law of the Workers' Statute.

The first ALEH was signed in Madrid on June 13, 1996 and remained in force since its signature until December 31, 2000 and published in the "Official Gazette" of 2 August 1996. ALEH II , was signed in Bilbao dated 27 May 2002 and was in force from 1 January 2001 until 31 December 2004 and published in the "Official Gazette" of July 1, 2002. || |
The ALEH III was ratified in Barcelona on March 4, 2005, effective from 1 January of that year until the day December 31, 2009, and was published in the "Official Gazette" of 5 May 2005.

Thus, the State Federation of Commerce, Hospitality-Tourism and Game of the General Union of Workers (UGT CHTJ) (previous name), the State Federation of Commerce, Catering and Tourism Workers' Commissions (CC.OO FECOHT .) (previous name), the Spanish Federation of Hospitality (FEHR) and the Spanish Confederation of Hotels and Tourist Accommodation (CEHAT), in its capacity as most representative social partners in the labor sector Hospitality, convinced of the need for a basis of collective bargaining in the hospitality industry at the state level, for the best defense of this important industry in our country, and the interests of workers and companies, which each party they are themselves, have been renewing and extending through dialogue and sectoral social dialogue conventional regulatory legacy of hospitality for the entire state territory.


In this framework a new agreement on probation, signed in the city of Palma de Mallorca (Illes Balears), in 2006, a pact published in the "Official Gazette" ( "BOE was achieved ') of 27 July 2006. in addition and in accordance with the second additional provision of ALEH III were formed within the negotiating committee working groups to adapt the job classification system and updating the labor disciplinary system , groups that rose to the negotiating Commission proposals, which were approved by it in Mijas (Málaga) in 2007 and published in the "Official Gazette" of 2 June 2007. These developments and modifications, advised the drafting of a consolidated text of ALEH III, in a single, polished body, to facilitate knowledge and consultation, which eventually resulted approved by the negotiating committee in the city of Oviedo (Asturias) on 15 November 2007 and published in the "BOE 'of 25 February 2008. As the last milestone in this long path, the July 24, 2008, in Madrid, the social partners in the hospitality industry agreed to the signing of new agreements for incorporation into the content of ALEH III, this time two new chapters, one on effective equality of women and men and another on prevention of occupational hazards and health and safety at work, chapters were published in the "Official Gazette" of September 12, 2008.

Derivative nature of the Framework Agreement, the ALEH seeks to establish the structure of collective bargaining in the sector, proceeding to the state reserve materials sector level, that can not be negotiated, not subject to regulation in other areas or units negotiation; providing turn that sectoral collective agreements scoped autonomous community or provincial level, may provide the materials that can be traded on other units collectively, lower or contracting company.

The parties have renewed their commitment to continue the process of dialogue and collective bargaining state sector, which therefore does not stop with the signing of ALEH, but continues during its term through regular sessions continue maintaining the negotiating committee, in order to further integrate the content of the text articulated ALEH and during the five-year validity period, new materials and the parties determine which agreements are reached.

Thus, and maturity of ALEH III arrived on December 31, 2009, once denounced it, the new Bureau should proceed negotiating the renewal of the articulated text of the State Labour Agreement constituted Hospitality , work began in early 2010, culminating in an agreement in principle between the involved technical commissions, what happened in Madrid on July 21, 2010, consensus forming the articulated text of the new ALEH IV, which the over ten chapters regulated the following subjects: general provisions; professional classification; trial period of the employment contract; training contracts; vocational training; labor disciplinary system; court settlement of labor disputes; effective equality of women and men; risk prevention and health and safety at work; and contractual subrogation in the sub-communities and social restoration and guarantees a change of employer, plus four annexes.

Thus, the State Federation of Commerce, Hospitality-Tourism and Game of the General Union of Workers (UGT CHTJ) (previous name), the State Federation of Commerce, Catering and Tourism Workers' Commissions (CC.OO FECOHT .) (previous name), the Spanish Federation of Hospitality (FEHR) and the Spanish Confederation of Hotels and Tourist Accommodation (CEHAT), proof of compliance signed a new treaty text that became part of the articles of ALEH IV, which was ratified by granting parties in the city of Santander (Cantabria), on 27 July 2010.

During the term of ALEH IV they were produced adaptations of its provisions stemming from the need to incorporate new legal provisions, particularly in the vocational classification with effect from 31 December 2014 and under the premises sitting in the II Agreement employment and collective bargaining (2012, 2013 and 2014). It was also added a new chapter on the right to career advancement for workers.

In this same period it has finally been reflected in the text of ALEH IV Labor Hospitality and Tourism Foundation as a joint body of the sector.


In date of 24 November 2014 CEHAT business organizations and FEHR proceeded to complete the formalities of notifying SERVICES-CCOO unions and SMC-UGT's complaint ALEH IV, in accordance with the provisions of Article 7 and in order to foster its renewal.

The signing of ALEH V is a new renewal of the conventional framework of the hospitality industry at the state level for a further five years, which reinforces the determination to maintain a stable level of collective bargaining with long-term, even more beyond the initial term of renewal under the new ALEH V, in the belief that it is an instrument of paramount importance in defending the hospitality sector itself and the interests of their workers and their companies.

At present ALEH V are incorporated into a revised text agreed regulations during the development period of continuous negotiation developed during the term of ALEH IV, already referred to above, and also carried out adjustments in its articles, particularly in defining the functional scope and the disciplinary system, arising from the need to adapt its regulation to give it greater consistency. the chapter on training contracts also changes, with the aim of collecting the new legal regulations affecting them.
Finally
relevant developments are incorporated into the content of the new ALEH, the first of them to equip their joint committee of major powers of intervention in situations of blockage in the collective bargaining process, at the request of the parties legitimated in the territories appropriate and with respect for the freedom and autonomy of the appropriate bargaining units in order to facilitate the proper development of the negotiation process to prevent the disappearance of adequate levels of collective bargaining and the decay of the validity of agreements sectoral collective and therefore conventional vacuum regulation. The second novelty is manifested in regulating the structure of collective bargaining in the sector, one of the most important centers of the content of ALEH derived from its status framework agreement, strengthening its role of convention industry structure, foreseeing the eventual opening new state, adequate and articulated to ALEH sub-areas, and monitoring of sectoral collective bargaining through the realization and maintenance of the map of the same in the hospitality industry of our country. Finally it provides for the establishment of sectoral professional license as a tool for promoting employability and professionalism in the sector.

As of December 22, 2014 was formally established the negotiating Commission ALEH V and then signed in Madrid on March 25, 2015 the State Labour Agreement V field of Hospitality sector.
CHAPTER
I
General provisions


Article 1. signatory parties.

Both representations, labor and business, reiterating the mutual recognition of legitimacy and representativeness as partners at the state level collective bargaining in the hotel industry, have signed labor agreement V state level for the hospitality industry (ALEH V).

The undersigned, on one hand, as union representation, the Federation of Mobility Services and Consumer Affairs of the General Union of Workers (UGT SMC) and the Federation of Service Workers' Commissions (CCOO Services ); and on the other hand, as business representation, the Spanish Confederation of Hotels and Tourist Accommodation (CEHAT) and the Spanish Federation of Hospitality (FEHR).

Article 2. Legal nature.

This Agreement is overal and has been negotiated and agreed in accordance with the powers provided for in Title III of the Statute of Workers.

Article 3. Personal scope.

This Agreement applies to labor relations of companies and workers, who provide services for those with employment contract, pursuant to Rule 1.1 of the Statute of Workers.

Article 4. Functional scope.

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


They Included in the hospitality industry companies, whatever their ownership and purpose, engaged in fixed or mobile installations, either permanent, seasonal or temporary basis, activities hosting customers in hotels, hostels, residences, homes sold for tourism apartments providing a hotel service, spas, lodging, boarding houses, motels, rural accommodation, camping centers and, in general, all establishments providing hosting services to customers; Also, companies providing service activities food and drink for consumption by the customer, in restaurants, catering, canteens, modern restaurant chains include; fast food: pizza, hamburger, Sandwich bars, creperies; cafés, bars, cafes, pubs, taverns, fish restaurants, beach bars, pubs, terraces watchmen, kiosks, cruasanterías, ice cream shops, chocolatiers, local tastings, tearooms, "Internet cafes" gastrobares, kebabs, Ambigus, rooms dancing or discos, cafe-theater, tablaos, billiards and amusement arcades, as well as food service or drinks in casinos and bingos.

The above list is not exhaustive, so it is likely to be expanded or supplemented with activities not included in it appearing in the National Classification of current or future economic activities. Including, where appropriate, require prior agreement of the negotiating committee of this Agreement.

Article 5. Territorial scope.

This Agreement applies throughout the Spanish territory, also apply to workers and workers hired in Spain by Spanish companies to provide services abroad, subject to the applicable rules of law and order in the workplace.

Article 6. Temporary scope.

This Agreement is signed with long-term stability and conventional rules. The parties agree to a new term of the Agreement from the day 1 January 2015 until 31 December 2019.

During the term mentioned in the previous paragraph, be incorporated into the articulated text of this Agreement, the agreements that are reached in the review process and continuous negotiation between representative agreed parts of this state level hospitality sector.

Article 7. Termination of the agreement.

Notwithstanding the parties reiterate their commitment to establish state level in the sector Hospitality conventional regulation of stable character, agree to the possibility of termination of this Agreement by any of the signatory organizations it during the last quarter of its force, which should be made, where appropriate, by written communication to the other signatory organizations and the labor authorities.

If not mediate express complaint of the parties, the Agreement shall be extended from year to year.

In matters not provided for in the preceding paragraph shall apply Article 86 of the Statute of Workers, and the term of the Agreement will not be lost even achieved a new one.

Article 8. Linking to the whole.

This Agreement forms an organic and indivisible whole, so if a final judgment of competent jurisdiction is declared void in substantial part one of your articles, void the Agreement shall also be deemed, unless for some organizations signatories intervention of the negotiating Commission requested and this, within a maximum period of three months from finality of the judgment, provide a solution to the question, reaching a new agreement on the article or material concerned by the sentence.

Article 9. Joint Commission.

1. Designation. a joint committee of the parties to the Agreement, composed of representatives of business organizations and representatives of trade unions is designated.

2. Powers of the Joint Commission. The powers of the Joint Committee shall be those set forth below and all matters prescribed by law and Any others arrogadas:

A) Interpretation of the text of this Agreement.

B) Track application.

C) Knowledge and resolution of issues arising from the application and interpretation of this Agreement shall be the Joint Commission and the intervention in advance formal approach to collective action in the field of non-judicial proceedings arising from the application and interpretation of the Agreement or before the competent court.


D) Mediation and arbitration for the settlement of collective disputes in the application and interpretation of the Agreement, in accordance with the rules laid down in the V Autonomous Agreement on Labour Dispute Settlement (ASAC V). To this end, the Joint Committee will establish a list of mediators and arbitrators; will encourage the use of mediation and arbitration procedures as a means of negotiated settlement of labor disputes; and analyze the results of these procedures based on studies and reports.

E) In cases of non-application in the company of working conditions provided for in this Agreement, you had disagreement during the consultation period, either party may refer the dispute to the Joint Committee. At the time of initiation of non-application, it shall inform the Joint Committee and, if agreement between the parties was reached, also must be notified to the Joint Committee within a maximum period following your subscription fifteen days. The Joint Commission shall keep a record ad hoc.

F) Development of those provisions that the negotiators of the Agreement have been attributed to the Joint Committee, carrying out the definitions or adjustments necessary.

The resolutions adopted by the Joint Committee on issues of general interest, they are considered part of this Agreement and shall have the same binding effectiveness. Such agreements shall be sent to the labor authority for registration and official publication.

3. Regulation of operation. For the exercise of its functions, the Joint Committee shall meet whenever required his intervention by any of the signatory organizations, or associations or unions integrated therein, prior written communication to the effect indicating the items on the agenda day.

The meetings of the Joint Committee be held within the term that circumstances depending on the importance of the matter, which in no case exceed the receipt of the request for intervention or meeting thirty days. If within that period the Commission had not met, means exhausted the intervention itself, the applicant may bring an action it deems appropriate. The foregoing, without prejudice to other legally established deadlines or from legal requirements.

The Joint Commission shall be constituted when she attend, present or represented, the majority of each of the two representations that compose the parties may attend advisers assisted their own choosing.

The agreements of the Joint Committee, to be valid, require the favorable vote of an absolute majority of each of the two representations.

4. Domiciles of the commission. For the purposes of notifications, requests and calls, is set as the Joint Committee address each of the headquarters of the business and union organizations signatories of this Agreement, which are listed below:

Spanish Federation of Hospitality (FEHR).

28223 Pozuelo de Alarcón (Madrid). Camino de las Huertas, 18-1.º

Email: fehr@fehr.es

Spanish Confederation of Hotels and Tourist Accommodation (CEHAT).

28020 Madrid. Orense Street, 32-1.º

Email: comisionparitaria@cehat.com

Services Federation of Workers' Commissions (CCOO-Services).

28043 Madrid. Ramirez de Arellano Street, 19- 5th Pl.

Email: servicios@servicios.ccoo.es

Federation of Services for Mobility and Consumer Affairs of the General Union of Workers (UGT SMC).

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

Email: hosteleria.turismo@smcugt.org

They may send communications and requests to the Joint Committee administrative and judicial authorities, organs of alternative dispute resolution and trade union and business organizations integrated into one of the signatories of this Agreement.

Both business unit or union representatives of workers may send communications and requests to the Joint Committee provided they do so through any of the signatory organizations of this Agreement.

In order to understand the issues attributed to the Joint Committee, the same act as the sole committee, composed of six representatives from the business side and six representatives of the trade union side, which will be appointed by the signatory organizations, respectively, , with the composition detailed below:




On the business side






On the union side






CEHAT: 3 representatives.





SMC-UGT: 3 representatives.






FEHR: 3 representatives.





CC.OO. Services: 3 representatives.





5. Blockage in the collective bargaining process. The provision contained on the validity of collective agreements in Article 86.3 of the Statute of Workers, which means that one year after the denunciation of the collective agreement without having agreed on a new agreement or issued an arbitration award that forfeited, except agreed, force and apply, if any, the collective agreement of higher level which may be applicable, determines the need in this Agreement means established, respecting the freedom and autonomy of appropriate bargaining units in order to facilitate the proper development of the negotiation process to prevent the disappearance of appropriate areas of collective bargaining and the decay of the validity of sectoral collective agreements and the consequent vacuum conventional regulation.

In this regard the parties to this agreement reiterate its concern about the potential conflict situations in the sector, thus offering autonomous sectoral mechanisms solving them.

In this context, the parties at the state level of collective bargaining in the hospitality industry, have agreed as follows:

A) acquire the commitment to promote the negotiation of collective agreements replacing denounced by the parties legitimated in the corresponding territorial areas of collective bargaining.

B) legitimated in the territorial areas cited, fulfilling the legal duty to negotiate, parties seek the renewal and replacement of sectoral agreements reported.

C) The legitimated parties will try to reach agreement before the expiry of the year from the termination of the agreement. Unusually for the agreements they have passed now a year since the complaint within six months shall, from the publication of this Agreement, to submit to the mediation of the Joint Committee of the Agreement, as set out in letters d), e), f), g) and h) of this paragraph.

D) The agreement shall have the force and effect that determine legitimate parties, avoiding, where appropriate, periods of lack of coverage of the convention.

E) In the event that the negotiating parties in the lower areas referred not reach agreement before the year made the complaint may encourage the submission to the mediation of the Joint Committee of this Agreement, if necessary, designate for this purpose a special commission, composed in Interconfederal Service Mediation and Arbitration (SIMA).

F) Within the framework of mediation, which is subject to the rules and procedures foreseen in the V ASAC (court system), the ad hoc committee created propose formulas for renewal and updating of collective agreements.

G) If the parties have not taken up the proposals made in the mediation, it may request an arbitration procedure voluntary submission, in which case the corresponding award shall be made, in which the regulation will eventually be established to replace contained in the collective agreement denounced. The arbitration agreement will be signed by the legitimated parties and will be resolved in the dispute settlement systems of the Autonomous Community.

H) If any party comes to rules related mediation before, it will be established in the second paragraph of paragraph 5 of Article 12 V ASAC.

Article 10. Structure of collective bargaining.

1. This Agreement, in addition to its status as collective agreement on specific issues, has nature of framework agreement and structure, regulated in Article 83.2 of the Statute of Workers.

2. This Agreement holds a position of renewed prominence in the collective bargaining system in the hospitality industry, being the same the only one with jurisdiction throughout the industry in determining the structure of collective bargaining, rules for resolving conflicts concurrency different level agreements, and subjects can not be negotiated at lower levels.


3. The contained and regulated in this Agreement are reserved matters sectoral state level, unless expressly Commission negotiating the Agreement provides otherwise, and without prejudice to the provisions of Article 84.2 of the Statute of Workers.

The texts articulated lower collective agreements or specific area may in no case reproduces verbatim the contents of this Agreement in the case of regulated articles or materials therein, must be limited grantors such agreements do, where appropriate, a reference to it.

4. When reviewing or negotiating new materials and incorporate the contents of this Agreement, the parties shall determine in each case whether they are reserved to the scope thereof, can not be negotiated accordingly in other inferior or different areas, or if the regulation may result complemented by other treaty provisions in other collective bargaining units, under the terms of the negotiating committee of this Agreement is established.

5. The parties establish the structure of collective bargaining throughout the hospitality industry based on this Agreement, the specific state subsectoral collective agreements, if any, are agreed and sectoral collective agreements field of autonomous or provincial community without subject to paragraph 8 of this article.

To this end, following conventional areas and levels are defined:

A) Scope state sector. It includes the entire Spanish territory and applies to all workers including companies and individuals within their functional and personal levels.

B) regional and provincial sectoral scope. It covers only these areas of negotiation sectoral and sub-sectoral collective agreements currently in force in these conventional levels, so you can not create new fields, unless otherwise agreed within the Joint Committee of the Agreement.

C) Scope company. Includes statutory collective agreements affecting the enterprise level, companies, groups of companies or plurality of companies linked to Article 87.1 of the Statute of Workers, whose activities are included in the functional scope of this Agreement.

In negotiating areas described in subparagraphs b) and c), the subjects of negotiation that do not concur with this Agreement, subject to the provisions of paragraph in fine of paragraph 2 of Article 84 may be established Status of workers.

6. When reviewing or negotiating new materials and incorporated into this Agreement, the regulations on them in collective agreements of less than or different areas will remain in force until the initial completion of its temporal scope, unless by agreement of the parties legitimated in these areas decided to benefit from the new regulations agreed in this Agreement.

7. Currently are matters reserved to the state sector level, that can not be negotiated in various field and without prejudice to the provisions of paragraph 3 of this Article: structure of collective bargaining; professional classification; mobility and functional versatility; promotion; trial period; training contracts; vocational training at the state level; labor disciplinary system; minimum standards on risk prevention at the state level; autonomous settlement of labor disputes at the state level; and business subrogation in the sub-communities.

8. Also in this state under negotiation, they may regulate general criteria other matters other than those listed above, which will be complemented and developed in the lower levels of negotiation.

Are subject matter of this Agreement, though not exclusively reserved to it, the general criteria established or are established on the matters listed below:

A) autonomous solution of labor disputes below the state level.

B) Effective Equality of opportunity and non-discrimination of women and men.

C) Geographical mobility.

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

E) labor and system of information and consultation rights in labor relations.


9. In order to achieve and maintain a map of collective bargaining in the hospitality industry that reflects a systematic and detailed all the existing agreements in the sector, obtaining useful and updated information about its validity, effects, content and evolution when you try to establish a new area of ​​negotiation or renew within those listed in this article, in the form of statutory collective agreement, it shall communicate, prior to the Joint Committee of the Agreement.
CHAPTER II

Professional classification

Article 11.
job classification system.

1. the job classification system of workers serving in the companies included in the scope of this Agreement by professional groups is established.

The criteria for defining professional groups have adapted to common rules for working people of both sexes, aiming to ensure the absence of direct and indirect discrimination between women and men.

A professional worker or the working group shall be assigned by agreement with the employer, while it is set as the content of the work done under contract work performing all the functions assigned for the professional group within the functional area where it is framing, as regulated in this chapter.

2. In the written employment contracts and receipts of salary, in the field for the old category or professional group, it will be indicated and also the occupation or job for which it has initially contracted to the worker, according to the naming them contained detailed in Article 15 of this Agreement.

Article 12. Professional groups.

1. For professional group one who unitarily groups the skills, qualifications and general content of the provision, may include different tasks, functions, professional specialties or responsibilities assigned to the worker and the working of the functional areas described in Article 14 means this chapter, by definition given to it by Article 22.2 of the Statute of Workers.

The professional groups are determined by the combined weighting factors framework defined in Article 13 of this chapter.

Professional groups covered by this Agreement are purely declarative, not assuming any obligation to have them all covered in the scope of each company, nor all the tasks, functions, specialties, responsibilities or functional areas defined in this Chapter if the organization, volume or activity needs of the workplace does not require it at the discretion of the employer.

For the purposes of this Agreement three professional groups are determined:

2.a) first professional group. Mandos. Criteria is understood generales.-command, including middle management, who with his own initiative and within the rules set by the employer or person in whom he delegates, exercises functions of a technical nature, control or organization. Workers assigned to this group, plan, organize, direct, coordinate and control the activities of self-development of the business.

The tasks of this professional group you represent a high degree of knowledge, autonomy, initiative and full responsibility for managing one or more functional areas of the workplace, from very broad general guidelines issued directly by the employer or person his deputy.

It also includes performing complex tasks with defined and specific objectives and must account for their management to some of the workers performing services as managers, as well as performing integration tasks, coordination and supervision of the heterogeneous execution of tasks with responsibility for managing the work of a group of workers. Workers assigned to this professional group, can perform complex but homogenous tasks which may involve command responsibility.

2.b) Formación.-degree or professional knowledge acquired in the performance of their studies equivalent to high or medium supplemented with extensive experience in the sector functions.


3rd) professional second group. Technicians and Specialists. Criteria generales.-Execution of autonomous execution requiring performing skilled tasks that require initiative and knowledge of their profession, trade or job, taking responsibility work, performing functions consistent execution of operations even when conducted under direct supervision, they require adequate professional knowledge and technical skills and practices and may be assisted by other workers.

It also includes tasks performed by a method of precise work with a high degree of supervision, which normally require specialized professionals and a brief period of adaptation knowledge.

3.b) Formación.-degree or knowledge acquired in the performance of their equivalent vocational school graduate or profession.

4.a) Professional group third. Assistants. Criteria generales.-running tasks according to specific instructions, reporting and supervising other workers or workers. Mainly, that does not necessarily require physical effort and attention.

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

5. The system of remuneration and salary amount and the structure of the salary shall be determined in accordance with the provisions of Article 26.3 of the Statute of Workers, through collective bargaining lower territory or specific personal or functional scope to regulated in this Agreement or, failing that, in the individual contract.

By collective bargaining also lower territory or personal or specific functional area that is referred to in the preceding paragraph shall be determined in the different pay levels within each occupational group according to the assessment of the basic functions and tasks performed workers in the sector according to the descriptions of the work performed provided for in Article 17 of this Agreement, according to the criteria it will come customarily applied.
Article 13. Factors
professional framework.

In the classification system of workers included in the scope of this Agreement and its allocation to a professional group, they have weighed the following factors: autonomy, training, initiative, leadership, responsibility and complexity.

In the evaluation of the above factors were taken into account:

A) Autonomy, understood as more or less hierarchical dependence on the performance of the functions performed.

B) Training, knowledge conceived as necessary to fulfill the agreed work performed, continuous training received, the experience gained and the difficulty in acquiring full educational background and experiences.

C) The initiative, based on more or less subject to monitoring or guidelines, guidelines or standards in performing functions.

D) The command set as the power of supervision and management tasks as well as the ability to interpellation of the functions performed by the group of workers on which command and the number of members it is exercised.

E) Responsibility, appreciated in terms of the degree of autonomy in the execution of the functions, the level of influence on the results and relevance of the management of human, technical and productive resources.

F) The complexity, understood as the sum of the above factors affecting the developed job functions or played.

Article 14. Functional areas.

1. Areas funcionales. In order to sort-functional structures based on professional groups of business activities and enhance internal flexibility making proper use of both ordinary and extraordinary functional mobility, in order to improve the stability of positions work and optimize the employability of workers in different functional areas, the set of tasks, functions, professional specialties or liabilities arising from the different skills, qualifications and general content of the work performed in the hospitality industry, are distributed in six functional areas:
Functional Area
One.- Reception-Concierge, Public Relations, Administration and Management.

Two.- Functional Area Kitchen and Commissary.
Functional Area
Three.- Restaurant, lounge, bar and the like; Tennis authorities and catering.
Functional Area
cuarta.-Flats and cleaning.


FIFTH.- Functional Area Maintenance and Ancillary Services.

Services Functional Area sexta. complementary.

The definitions of the activities of the functional areas described below are purely circumstantial and limited character, not assuming any obligation to have them all covered in the scope of each company, if the organization or volume of business needs not it requires.

2. Activities of the functional areas.

A) Functional Area first: sale of property and derivatives, care, access-exit and transit customers, billing and housing, telecommunications, administration and management in general.

B) Functional Area Second: preparation services and consumer food processing, acquisition, storage, conservation-administration of food and goods, cleaning and maintenance of tools, machinery and work areas.

C) third functional area: customer service for consuming food and drink, storage and management of equipment and goods, services and preparation of work areas.

D) fourth Functional Area: General maintenance and cleaning services, customer care service use, preparation of working areas, laundry, linen, maintenance of furniture and decoration.

E) fifth Functional Area: Repair and maintenance services of machinery and facilities, additional work main activity, repairs of tools and work items, conservation areas and buildings.

F) sixth Functional Area: Recreation, sport, entertainment, leisure and relaxation, as well as spa services, beauty, health and the like, provided directly by the companies catering to the hospitality with complementary core business character.

Article 15. Occupations and jobs of the functional areas.

To facilitate the frame in the corresponding professional group, the different tasks, functions, professional specialties or liabilities arising from the different skills, qualifications and general content of the work performed, according to the empirical nomenclature based on the customs in the sector, they are listed below so merely illustrative and not exclusive job of the six functional areas.

A) first Functional Area: Reception-concierge, public relations, administration and management.
Welcome
:

Head / reception.

2nd Head / reception.

Receptionist.

Telephone operator.
Concierge
:

First / a concierge.

Concierge.

Assistant / reception and / or concierge. Assistant reception and / or concierge.
Public Relations
:

Public Relations.

Administration and Management:

Head / to administration.

Technical / prevention of occupational risks.

Head / commercial.

Commercial.

Administrative / a.

Assistant / Clerical.

B) Functional Area second: kitchen and commissary.

Kitchen:

Chief / a kitchen.

2nd Head / a kitchen.

Chief / a catering.

Chief / a departure.

Cook / a.

Repostero / a.

Assistant / a kitchen.
Assistant
kitchen.
Commissary
:

Manager / a commissary.

Assistant / a commissary.

C) third Functional Area: restaurant, lounge, bar and the like; communities and catering track.
Restaurant and bar
:

Chief / a restaurant or room.

2nd Head / a restaurant or room.

Chief / a sector.

Camarero / a.

Barman / Barwoman.

Sommelier / a.

Assistant / a waiter.
Modern catering
:

Center manager.

Supervisor / a modern restoration.

Preparer / a modern restoration.

Assistant / a modern restoration.
Colectividades
:

Supervisor / a communities.

Monitor / herself or caregiver / a communities.

Assistant communities.
Catering
:

Head / catering operations.

Chief / a catering hall.

Supervisor / a catering.

Driver / a catering team.

Assistant / a catering team.

Preparer / a editor / a catering.

Assistant / a preparer / a editor / a catering.

D) fourth Functional Area: Service and cleaning floors.
Flats and cleaning
:

Ruler / ao Manager / general.

Subgobernante / ao Manager / a section.

Camarero / a floors.

Assistant floors and cleaning.

E) fifth Functional Area: Maintenance and support services.
Maintenance and support service
:

Chief / a catering services.

Manager / maintenance and ancillary services.

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

Manager / a section.


Specialist maintenance and ancillary services.

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

F) sixth Functional Area: support services.
Complementary
Services:
Responsible
service.

Technical / Service (physiotherapist, dietitian and other graduates in Health Sciences).

Service Specialist (rescuer or first aid specialist, animator / a tourist or leisure, monitor / a Sports / a, disc jockey, masseuse, masseur, beautician, spa or spa specialist, and specialist hydrotherapist customer).

Service Assistant (assistant customer support and auxiliary pool or spa).
Article 16. Assignment
professional groups by occupation.

The frame in professional groups covered by this Chapter, the different tasks, functions, professional specialties or liabilities arising from the different skills, qualifications and general content of the work performed, according to the empirical nomenclature based on the customs of the jobs in the hospitality industry, following a hierarchical order in the occupation, they are listed below, always following a purely declarative judgment.




A) Professional groups of the first functional area. Reception-Concierge, Public Relations, Administration and Management






first professional group.





Head / reception.

2nd Head / reception.

Head / commercial.

Head / to administration.

First / a concierge.






professional group second.





Receptionist.

Concierge.

Administrative / a.

Public relations.

Commercial.

Technical / prevention of occupational risks.

Assistant / reception and / or concierge.

Telephonist.

Assistant / Clerical.






third professional group.





Auxiliary reception and concierge.






B) Professional Groups of the second functional area. Kitchen and Commissary






first professional group.





Head / a kitchen.

2nd boss / a kitchen.

Head / a catering.






professional group second.





Chief / a departure.

Cook / a.

Confectioner / a.

Manager / a commissary.

Assistant / a kitchen.

Assistant / a commissary.






third professional group.





Auxiliary kitchen / commissary.






C) Occupational third functional area. Restaurant, lounge, bar and the like, Collectives and catering Track






Professional group first





Head / a restaurant or room.

2nd Head / a restaurant or room.

Head / catering operations.

Center manager.






professional group second





Chief / a sector.

Camarero / a.

Barman / Barwoman.

Sommelier / a.

Head / a catering hall.

Supervisor / a catering.

Supervisor / a communities.

Supervisor / a modern restoration.

Preparer / a mounter / a catering.

Driver / a catering team.

Preparer / a modern restoration.







third professional group




Assistant / a waiter.

Assistant / a catering team.

Monitor / herself or caregiver / a communities.

Assistant / a communities.

Assistant / a trainer / editor catering.

Assistant / a modern restoration.






D) Professional Groups of the fourth functional area. Cleaning floors and






first professional group.





Ruler / ao Manager / general.

Subgobernante / ao Manager / a section.






professional group second.





Camarero / a floors.






third professional group.





Auxiliary and cleaning floors.







E) Occupational fifth functional area. Maintenance and auxiliary services






first professional group.





Head / a catering service.

Manager / maintenance and ancillary services.

Manager / maintenance and technical services catering (fleet or facilities and buildings).






professional group second.





Manager / a section.

Specialist maintenance and ancillary services.

Maintenance and technical services specialist catering (fleet or facilities and buildings).






third professional group.





Assistant maintenance and ancillary services.






F) Occupational sixth functional area. Complementary services






first professional group.





Responsible service.






professional group second.





Technical / Service (physiotherapist, dietitian and other graduates in Health Sciences).

Specialist service (aider or first aid specialist, animator / a tourist or leisure, monitor / a Sports / a, disc jockey, masseuse, masseur, beautician, spa or spa specialist, and specialist hydrotherapist customer).






third professional group.





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





The nomenclatures of occupations third professional third group of functional area of ​​this article, that is, coming denominating "auxiliary collectives", "assistant coach / erector catering" and "modern catering assistant," they will be renamed " assistant / a of communities "," assistant / a trainer / editor catering "and" assistant / a modern restoration "without involving any change in the description of the work performed, activities, jobs and tasks in the area related to Article 17.

Article 17. Functions of the work done.

Occupations and jobs provided for in this Agreement shall so illustrative and not exclusive of any other that is determined or agreed between the parties, reference to the prevailing tasks listed in the following relationship, according to the area or functional areas in which they provide their services.

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

A) Head / a Reception: perform skilled and responsible manner the management, control and monitoring of all tasks carried out in the receiving department. Organize, direct and coordinate the work of their staff. Direct, supervise and plan the whole reception department activities. Coordinate and participate with other departments in the management of the establishment. Collaborate with the management of the establishment and / or other departments. Collaborate in the training of personnel in charge.

B) Second / a Head / a Reception: perform skilled and responsible manner the management, control and monitoring of all tasks carried out in the receiving department. Collaborate and replace the head / reception to the tasks of the same.

C) Head / a Commercial: make qualified and responsible management, planning and organization of the business strategies of firms way. Develop business strategies of the company. Coordinate with agents and tour operators to the concentration of sales campaigns and commercial services concerts. Direct promotion policy. Collaborate in the training of personnel in charge.

D) Head / a Administration: perform skilled, autonomous and responsible manner, management, control and monitoring of accounting and administrative activities. Organize, direct and coordinate the work of their staff. Planning and organizing departments accounting and administrative management of companies. Direct and supervise the systems and work processes management. Collaborate in the training of personnel in charge.


E) First / a Concierge: make a qualified manner, the management, control and monitoring of all tasks carried out in the department concierge facilities. Directing, supervising and planning tasks concierge department. Collaborate and coordinate tasks concierge department with those of other departments. Organize, direct and coordinate the work of their staff. Collaborate in the training of personnel in charge.

F) Receptionist: make a qualified manner, initiative and responsibility receiving customers and all tasks related to it. Run the work of customer service at the reception. Arrange related to occupation and sale rooms. Guard valuables and money deposited. Perform tasks associated billing and collection, as well as foreign exchange. Receive, process and lead the customer complaints to appropriate services.

G) Concierge: make a qualified manner, initiative, autonomy and responsibility for assistance and information to customers and related administrative work. Serve customers in their own concierge services. Inform customers about services establishments. Run the work of customer support services requested. Receive, process and lead the customer complaints to appropriate services.

H) Administrative / a: perform skilled, autonomous and responsible administrative tasks, file and accounting for your section. Develop accounting documents. Upon registration, control and file correspondence and billing. Perform accounting management of the company. Collect bills and make payments to suppliers. Perform operations foreign exchange.

I) Public Relations: perform skilled, autonomous and responsible for relations with customers and organize recreational or leisure activities on premises. Receive and accompany clients who address indicated. Inform customers of all the services that are available. Provide services both inside and outside the establishment. Manage reservations of any service provided by the company.

J) Commercial: responsible conduct qualified, autonomous and development planning business strategies of the company. Work with the Head / commercial development of trade policy establishment. Coordinate with other departments to develop policy promoting the company. Collaborate on measures and advertising.

K) Technical / a of Occupational Health and Safety: perform skilled, autonomous and responsible manner, development and application of planning and other obligations on safety and health in the company.

L) Assistant / a Reception: participate with some autonomy and responsibility in the tasks of receiving helping the boss / a reception and receptionists. Collaborate in the tasks of receptionist. Perform attention to public reception ancillary tasks. Perform simple tasks reception. In companies where the tasks inherent in this department are assumed by the employer, individual, performing the duties of reception under the supervision and guidelines issued directly from the same person or his delegate. Perform the tasks arising from the occupation profile.

M) Assistant / a Concierge: participate with some autonomy and responsibility in the tasks concierge helping the department head and janitors. Attending, inform and advise customers. Convey to customers phone calls, correspondence or messages. Collaborate on tasks concierge. Perform the tasks arising from the occupation profile.

N) Telephone: Realising the telephone service in connection with the receiving department. Addressing telecommunications services. Register and bill phone calls. Perform fax operations, "telex" email and other customer services.

O) Assistant / a Administrative: handle with some autonomy and accountability of administrative activities. Do work typing, computer and document archiving your area. Assist in the processing and recording of correspondence. Collaborate in the accounting records. Perform the tasks arising from the occupation profile.


O) Assistant Reception and Concierge: assist in the reception and concierge own tasks and monitoring of facilities, equipment and materials facilities. Perform control, storage and transportation of baggage of customers in the premises of the hotel doors or access to it. To ensure the implementation of procedures and simple assignments, both inside and outside the establishment. Cooperate in maintaining order and cleanliness in reception areas and concierge. Monitor installations and communicate incidents to the appropriate department. Control the input and output objects, goods, suppliers and personnel. Charge of driving and parking vehicles of customers, at their request, as well as their monitoring and custody.

B) Descriptions of the work performed, activities, jobs and tasks second functional area:

A) Head / a Kitchen: make a qualified manner, functions of planning, organization and control of all tasks of cooking and baking department. Organize, direct and coordinate the work of their staff. Directing and planning all activities in your area. Inventory and control of materials, goods, etc., used in the department of responsibility. Designing courses and participate in its development. Make proposals for orders of goods and raw materials and manage their conservation, storage and performance. Monitor and control the maintenance and use of equipment, materials, tools, etc., of the department, making the corresponding inventory and replenishment proposals. Collaborate in the training of personnel in charge.

B) Second / a Head / a Kitchen: make a qualified manner the functions of planning, organization and control of all tasks of cooking and baking department. Collaborate and replace the head / a kitchen in the tasks of it.

C) Head / a Catering: make a qualified manner and responsible for the management, control and monitoring of the process of preparation and distribution of meals. Organize, control and coordinate the whole process of preparation and distribution of the production charge. Ensure that the production meets, both hygienic and assembly required conditions. Organize, instruct and evaluate staff in charge.

D) Head / a Item: make a qualified manner the functions of control and supervision of the game and / or service that is assigned under the direction of head / a kitchen. The same chef / a, and: Participate in control of supplies, conservation and storage of goods. Prepare reports on the management of resources and processes of their departure and / or service. Collaborate in the training of personnel in charge.

E) Cook / to: perform qualified, autonomous and responsible manner, preparation, dressing and presentation of dishes using the most suitable techniques. Collaborate in orders and conservation of raw materials and products used in the kitchen. Prepare, cook and present products culinary use. Assist in the installation, operation and dismantling of law. Review and monitor the material use in the kitchen, communicating any impact in this regard. Collaborate in planning menus and cards. Collaborate on managing costs and inventories, as well as shopping. Control and care for the conservation and use of products made available.

F) Repostero / a: perform skilled and autonomously, preparation and presentation of desserts and sweets in general, as well as pastries and masses. Perform elaborations based raw materials. Prepare the masses of use in the kitchen for the preparation of pastries, cakes and pastries. Place orders and monitor the conservation of raw materials for use in their work. The calculation of costs related to their duties. Prepare and provide products for "buffet", banquets, etc., working in the settlement and delivery. Participate in controlling supplies. Organize and control their staff.

G) Charge / a Commissary: ​​make qualified way the management, control and monitoring of all tasks carried out in his department. Establish the needs of goods and material according to the demands of the different areas of the company. Elaborate requests for bids, evaluation and recommendation of awards. Inventory control and plan, in coordination with other sections of the establishment. Organize, supervise and perform their own work area.


H) Assistant / a Kitchen: participate with some autonomy and accountability in the working kitchen under supervision. Perform basic preparations, as well as any other related culinary creations that will be entrusted. Prepare dishes for those who have received appropriate training. In companies where the tasks inherent in this department are assumed by the employer, individual, performing the duties of cooking in working under the supervision and guidelines issued directly from the same person or his delegate. Perform the tasks arising from the occupation profile.

I) Assistant / a Commissary: ​​perform skilled, autonomous and responsible manner, the purchase and management of goods and materials. Collaborate in setting requirements and material goods according to the demands of the different areas of the establishment. Collaborate with the manager in the register of suppliers and goods. Receive goods orders and control equipment and expiration dates of products, quality and quantity as well as invoices. Monitor and control inventories of goods and material. Handle the storage, handling and management of materials and products. Perform the tasks arising profile occupation.

J) Auxiliary Kitchen / Treasurer: perform unskilled tasks of cleaning tools, machinery and restaurant and kitchen utensils, as well as kitchen units which does not require specific training and working under supervision. Perform the cleanup of machinery, stoves and other kitchen items. Prepare and sanitize food. Transport orders and other materials pertaining to their area. Perform auxiliary works in product development. Responsible for the cleanup of kitchenware, dining room and kitchen.

C) Descriptions of the work performed, activities, jobs and tasks of the third functional area:

A) Head / a Restaurant or Room: make way qualified managerial, planning, organization and control of the restaurant-bar-cafe. Organize, direct and coordinate the work of their staff. Direct, plan and carry out all activities of their area. Participation in management and billing, collection, Cuadre and liquidation of the fund. Inventory and control of materials, goods, etc., used in the Department of responsibility. Make proposals orders for goods and place orders if you are so instructed. Perform tasks specific attention to customer service. Participate in the training of their staff.

B) Second / a Head / a Restaurant or Room: make way qualified managerial, planning and control of the restaurant-bar-cafe. Collaborate and replace the head / a restaurant in the tasks of it.

C) Head / Operations Catering: make a qualified manner the functions of management, planning, organization and control of their responsibility sector and control functions and coordination of work on track with the spring and the rest of center. Organize, direct and coordinate the work of their staff. Instruct and evaluate staff in charge. Promote the implementation of total quality systems in the company. Inventory and control of materials, goods, etc., used in the sector of responsibility. Monitor and control the maintenance and use of equipment, materials, tools, etc., of their responsibility sector, providing the corresponding inventory and replenishment proposals. Organize, control and coordinate the whole process of production distribution charge. Ensure that the production meets, both hygienic and assembly required conditions. Compile statistics and reports in its sector for the management of the company and other departments. Develop daily schedules for distribution, responsible for compliance. Receive and transmit service requests and amendments. actively involved in plans for occupational health and safety.


D) Center Manager: make a qualified manner the functions of management, planning, organization and control of their responsibility sector and control functions and coordination of work. Organize, direct and coordinate the work of their staff. Instruct and evaluate staff in charge. Promote the implementation of total quality systems in the company. Inventory and control of materials, goods, etc., used in the center of responsibility. Monitor and control the maintenance and use of equipment, materials, tools, etc., the center of their responsibility, carrying out the corresponding inventory and replenishment proposals. Organize, control and coordinate the whole process of production distribution charge. Ensure that the production meets, both hygienic and assembly required conditions. Compile statistics and reports its center for the management of the company and other departments. Develop daily schedules for distribution, responsible for compliance. Receive and transmit service requests and amendments. actively involved in plans for occupational health and safety.

E) Head / a Sector: performing a qualified manner the functions of control and supervision of their area of ​​responsibility and tasks to perform in view of the customer. The same waiter / a, and also responsible for preparing and decorating the rooms and restaurant tables. Collaborate to receive, fire, locate and advise clients on menus and drinks. Perform work in view of the client (flambé, cutting, carving, fillet, etc.). Reviewing everyday objects. Store and control the goods and objects commonly used in the area of ​​the restaurant. Customer billing and collection, as well as Cuadre and liquidation of the fund in its section.

F) Camarero / a: Run skilled, autonomous and responsible manner, service and sales of food and beverages. Prepare work areas for service. Perform direct customer for consumption of drinks or meals. Prepare for simple viands consumption. Transport tools and equipment necessary for the service. Check and check goods and objects of use of the section. Assist in the installation, operation and dismantling of law. Perform work in view of the customer such as flambé, cutting, carving, fillet and so on. Collaborate with the maitre d in the preparation and development of special events. You can coordinate and monitor the specific tasks of the activity in your area. Inform and advise the customer on the composition and preparation of the various products available. You can address customer complaints. Customer billing and collection.

G) Barman / Barwoman: Run skilled, autonomous and responsible manner, sale, distribution and service of drinks at the bar and cocktail preparation. Prepare all kinds of drinks. Receive, dismiss, locate and advise clients. Preparing different kinds of cocktails and mixed drinks. Take orders, distribute and serve drinks with their accompaniments. Testing and monitoring of stocks of goods. Customer billing and collection.

H) Sommelier / a: make qualified way the customer service, independently and responsibly, especially wine, as well as other drink. Participate in the work of the winery: receipt and review of deliveries, control bottling, corking and labeling of wines and the classification, storage and monitoring them. Participate in the development of the wine and beverage and sales promotion. Advise the client in choosing drinks according to the chosen food. Collaborate in the order and reserve management and wine sales in the calculation. Taking care of cleaning utensils winery (glasses, etc.). Plan, organize and control the hold.


I) Head / Sala Catering: make a qualified manner functions of planning, organization and control of all tasks emplatado and prior to food distribution assembly. Organize and coordinate the work of their staff. Instruct and evaluate staff in charge. Organize, control and coordinate the whole process of emplatado and assembly, both manual and automatic production charge, as well as preparation for distribution. Inventory and control of materials, goods, etc. under their responsibility. Make proposals for orders of goods and raw materials and manage their conservation, storage and performance. Monitor and control the use of machinery, materials, tools, etc., under their responsibility, make corresponding proposals inventories and replenishment. Ensure that the production meets, both hygienic and assembly required conditions. actively involved in plans for occupational health and safety. (Requirements:. This staff should, at least, be in possession of driving license class C1)

J) Supervisor / a Catering: make a qualified manner, initiative and responsibility tracking functions related to the process of preparation and distribution of meals. Plan, coordinate and instruct the teams. Organize and control, under the supervision of their immediate superiors, the meal distribution processes, services and equipment. Monitor and control the receipt and delivery of services and equipment to customers, completing the forms and vouchers that were accurate, according to the service manuals or companies. Provide customers the delivery note for signature, controlling and then handing it over to its billing. Address at all times planes, trains, etc., while maintaining contact with them by recipients, taking special attention to record increases or decreases unscheduled previously. (Requirements:. This staff should, at least, be in possession of driving license class B1)

K) Supervisor / a Colectividades: organizational functions perform verification and control of all attendants own communities and / or monitors / caregivers authorities tasks. Organize the work of their staff and activities of these. Distribute to their staff in the self-service kitchen and emplatado area, laundry and dining room. Participate in performing additional tasks.

L) Supervisor / a Modern Restoration: make a qualified manner, initiative and responsibility tracking functions related to the process of preparing and distributing meals in the corresponding center. Organize the work of their staff and activities of these. Distribute to their staff in the self-service kitchen and emplatado area, laundry and dining room. Participate with some autonomy and responsibility in service and sale of food and beverages. Participate in performing additional tasks. properly maintain their work area and utensils. Prepare work areas for service. Collaborate in customer service.

M) Assistant / a Waiter: participate with some autonomy and responsibility in service and sale of food and beverages. Perform ancillary tasks. properly maintain their work area and utensils. Prepare work areas for service. Collaborate in customer service. Preparing installation service, table boards for banquets or conventions, chairs, dressers or other furniture or fixtures commonly used in salons, restaurants, cafes and bars. In companies where the tasks inherent in this department are assumed by the employer, individual, performing the functions of service at restaurant under the supervision and guidelines issued directly from the same person or his deputy. Perform the tasks arising from the occupation profile. Collaborate in customer billing and collection.

N) Preparer / ao Editor / a Catering: perform with some autonomy and responsibility tasks related to the process of handling, assembly, preparation and distribution of food and related products. Run assembly processes, both manual and automatic services and equipment. Run the delivery of services and equipment. Collaborate and execute assembly and distribution processes covered for services and equipment, including products for sale on board. Collaborate and execute assembly processes and distribution of lingerie for services and equipment.


O) Driver / a Team Catering: make a qualified manner, with autonomy and accountability transportation, loading, unloading and distribution of food and equipment, under the direct supervisor / a. Transporting, distributing, loading and unloading equipment and meals. Act according to the rules and procedures in force. Ensure proper use and optimization of assets made available equipment to perform the given tasks. (Requirements: This staff should, at least, be in possession of driving license class C1).

O) Assistant / a Team Catering: participate and collaborate with some autonomy and responsibility in the tasks of the driver / a team and under the direct supervision of the supervisor / a. Driving support vehicles owned by the company. Upload and download meals and equipment. Distribute and locate services and equipment. Cover temporary absences driver / a team. (Requirements: This staff should, at least, be in possession of driving license class B1).

P) Trainer / a Modern Restoration: perform with some autonomy and responsibility tasks related to the process of handling, assembly, preparation and distribution of food and products from downtown. Run the preparatory work, distribution and sale of food and products in the center.

Q) Monitor / ao Caretaker / a Colectividades: participate in the work and tasks proper and necessary care, attention and entertainment of a group of people. His responsibility involves the physical presence during the time of service provision, irrespective of the place of performance of his job: school canteen, school bus or discretionary, entertainment center, recreation and playgrounds, etc. Comply with the general rules and instructions received from the school management, subject to the rules and requirements of the educational, health authority or any other competent in the matter, ensuring the maintenance of order in places to play its work. Immediately report any incident occurring to his immediate superior and director of the center when it is established. In addition to the hitherto generally exposed, which are described below, depending on where job performance. Dining and entertainment areas: assist and help diners cut and peel the food. Have basic health and hygiene of food, beverages and conservation of the same knowledge of first aid, health technical regulations, conditions. Have basic to guide the health education knowledge, acquiring social habits, education for coexistence and leisure education and leisure, and other educational activities. Collaborate in the catering service. In cases that there are established requirements with the school administration and / or regional and these were mandatory, they must be in possession of them. Bus: exercise surveillance over passengers inside school buses or entertainment during the journey as well as access operations and abandonment of the vehicle. Taking care that are correctly located and seated in their respective places; that make use of the belt in the event it was compulsory or advisable; to meet the needs that may require and, if necessary, collection and escort passengers to and from the interior of the destinations.

R) Assistant / a Colectividades: participate in the service, distribution and sale of food and beverages at points of consumption, assist in the development and preparation of commodities as well as in the development of the tasks of cleaning tools , machinery, utensils and work area. direct customer for consumption of food and beverages in establishments communities in line self-service dining room or living room. Servicing and processed food and its distribution in plants. Charging and billing in your area. Prepare work areas for service. Help prepare breakfast, rations, sandwiches, grilled foods and generally work under kitchen. Carry out cleaning in tooling, machinery and utensils dining and kitchen areas and their work. Transporting goods and merchandise your department area.


S) Assistant / a Preparer / ao Editor / a Catering: so unskilled collaborate on tasks related to the process of handling, assembly, preparation and distribution of meals. Perform auxiliary works for the development and distribution, beverages, services, equipment and products for sale on board. Carry out the cleanup that will be entrusted.

T) Assistant / a Modern Restaurant: participate in the service, distribution and sale of food and beverages at points of consumption, assist in the development and preparation of commodities as well as in the development of cleaning tasks tools, machinery, utensils and work area. direct customer for consumption of food and beverages. Servicing and processed food and its distribution. Prepare work areas for service. Carry out cleaning in tooling, machinery and utensils dining and kitchen areas and their work.

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

A) Ruler / ao Manager / General: make a qualified manner the management, control and monitoring of all tasks that make up the service floors, public areas, internal areas, laundry and linen, controlling and monitoring services laundry, ironing and sewing, is also responsible for the organization of their staff. Organizing, directing and coordinating their staff. Directing and planning all activities in your area. Manage, monitor and control purchases and stocks of linen, cleaning and maintenance products. Responsibility for auditing and inventory of furniture, equipment and materials of the rooms and organization of work of service floors, public areas, internal and laundry facilities. Compile statistics and reports from your area to the hotel management and other departments, as well as the direction of training their staff.

B) Subgobernante / ao Manager / a Section: replace the Ruler / herself or the Manager / general. Run skilled, autonomous and responsible manner, tasks relating to floors, public areas, internal areas, linen and laundry. Select the maintenance and cleaning products for daily use. Inspect and participate in cleaning areas. Take control room and occupation, as well as the rooms. Participate in statistics and reporting in relation to their own work area.

C) Camarero / a Floors: make a qualified manner cleaning and arrangement of the rooms and corridors as well as the order of the objects of customers. Clean and tidy rooms, bathrooms and corridors between the rooms of customers. Material control, customer products and communicate those responsible anomalies facilities and lost items. Perform direct customer in their own area functions. Perform your own lingerie and laundry work.

D) Auxiliary Flats and Cleaning undertake unskilled way of the auxiliary cleaning and arrangement of apartments and public areas. Prepare, transport and collect materials and products necessary for cleaning and maintenance and internal rooms and public areas. Preparing rooms for meetings, conventions and so on. Clean areas and perform auxiliary tasks.

E) Descriptions of the work performed, activities, jobs and tasks fifth functional area:

A) Head / Catering Services: Realising qualified and responsible management, control and monitoring of their own maintenance and support service tasks. Direct, organize and coordinate the team of maintenance technicians for their contribution is effective and profitable as well as the rest of their staff. Instruct workers in charge. Directing and planning all activities in your area. Develop programs of preventive maintenance and repairs, watching the perfect operation of machines and installations. Attend meetings programming, exposing improvements work. Provide information requested by management. Management deliver the breakdown of costs, production and consumption.


B) Charge / a Maintenance and Support Services: make a qualified manner the management, control and monitoring tasks auxiliary facilities. Organizing, directing and coordinating their staff. Directing and planning all activities in your area. Instruct workers in your area. Manage, monitor, control and the calculation of costs of repairs, modifications and maintenance of facilities. Propose to management improvements and innovations in equipment and facilities.

C) Charge / a Maintenance and Technical Services Catering: make a qualified manner control and monitoring tasks ancillary facilities and buildings or vehicles. Having daily maintenance program, ensuring compliance with the required quality, and according to the budget. Propose appropriate measures in order to improve yields, and apply a day, at all times, taking care of the maintenance program both the security and safety of personnel; and their development and training. Anticipate the needs of parts and machinery, controlling stocks in stock (according to the maximum and minimum stocks set). Take appropriate orders; and verify the timeliness and quality of material received. Controlling maintenance work outsourced to third parties. actively involved in plans Occupational Safety and Health; Fleet: control tasks repair and maintenance of vehicles. Monitor, control and the calculation of costs of repairs, modifications and maintenance of vehicles. Propose to management improvements and innovations of vehicles; facilities and buildings: control repair work and maintenance of facilities and buildings. Monitor, control and the calculation of costs of repairs, modifications and maintenance of machinery and facilities. Propose to management improvements and innovations in equipment and facilities.

D) Charge / a Section: arrange skilled, autonomous and responsible in the management, control and monitoring tasks auxiliary facilities manner. Collaborate in calculating costs of repairs, modifications and maintenance of facilities. Control and monitor the various activities taking place in their section. Same as the specialist.

E) Maintenance and Support Services Specialist: Perform skilled and responsible manner, with sufficient knowledge and skills specific professions maintenance work or activity auxiliary to hospitality. Carry out the necessary tests to ensure the safe and efficient operation of the facilities. Install and maintain specific protection devices of people and goods. Care for and perform maintenance of facilities and machinery. Collaborate with external services installation and maintenance if necessary.

F) Specialist Maintenance and Technical Services Catering and Fleet: performing maintenance of company vehicles in places where usually pay service. Select and procure the necessary equipment and verify that it meets the required specifications. Record data on the development and results of the work; facilities and buildings: Carry out the necessary measures to ensure the safe and efficient operation of facilities and buildings tests. Install and maintain specific protection devices of people and goods. Care for and perform maintenance of facilities and machinery. Select and procure the necessary equipment and verify that it meets the required specifications. Record data on the development and results of the work.

G) Maintenance and Auxiliary Services Auxiliary: Auxiliary so unskilled in the simple maintenance of facilities and recreational areas of the establishment. Perform auxiliary functions assigned to it under the supervision of the manager of your area. Perform functions sharing food or drinks or other products at home. Perform functions included in the category of specialist maintenance and support services without having the qualifications or qualifications required.

F) Descriptions of the work performed, activities, jobs and tasks sixth functional area:


A) Responsible Service: perform a qualified manner the management, control and monitoring of the corresponding complementary service. Organizing, directing and coordinating their staff. Participate in the management and administrative, accounting and financial planning additional service. Manage and plan the whole service activities. Instruct workers in the complementary service. Manage, monitor, control and the calculation of costs of repairs, modifications and maintenance of facilities and service. Propose to management improvements and innovations in equipment and facilities complementary service.

B) Technical / Service: perform skilled and responsible manner, with sufficient knowledge and ability specific work activity complementary to the hospitality professions, such as physiotherapist, dietician and other graduates / as Sciences Health; can assume functions related to the sale and collection of products and services.

C) Specialist Service: perform the tasks related to ancillary activities such as aider or first aid specialist, animator / a tourist / herself or leisure, monitor / a Sports / a, disc jockey, masseuse, masseur, beautician, thermal spa specialist or, hydrotherapist and customer service specialist, may assume functions related to the sale and collection of products and services. The animator / a tourist / herself or leisure, perform skilled and responsible manner, with sufficient knowledge and ability, the work of definition, coordination and implementation of activities of tourist entertainment or leisure. Organize, inform, direct, control and evaluate the development of evenings, entertainment, sports and recreational and cultural activities. Organize both their own work and the team of people who can be in charge. Develop, evaluate and promote plans, programs and activities; and develop and propose budgets for their area of ​​responsibility. Maintain effective communications in the development of their work and, especially, in services that require a high degree of coordination with other departments of the company or other establishments.

D) Ancillary service so unskilled perform ancillary service tasks; as the auxiliary pool or spa and auxiliary customer.

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

It is incorporated into this Agreement as Annex I, a table on correspondence of professional categories, occupations and jobs, both from the former Employment Ordinance for Industry Hospitality as those that might be contained in the agreements lower collective territory or specific area, current professional groups.

This job classification system seeks to obtain a reasonable accommodation to the productive and organizational structure of enterprises providing work adapting to economic, technological, productive and organizational changes in activity, without any loss of dignity, opportunities career advancement and fair remuneration of workers.
CHAPTER III

Functional mobility


Article 19 Functional mobility.

In applying the provisions II Agreement for Employment and Collective Bargaining 2012, 2013 and 2014, which was signed on January 25, 2012, on the one hand by the Spanish Confederation of Business Organizations (CEOE) and the Spanish Confederation of Small and Medium Enterprises (CEPYME) and, secondly, by the Trade Union Confederation of Workers' Commissions (CCOO) and the General Union of Workers (UGT), and in accordance with Article 83.2 in under article 90, paragraphs 2 and 3 of the Statute of Workers (. BOE of February 6, 2012 31), internal flexibility, mobility and functional versatility in the sector is regulated according to the following criteria:


The parties to this Agreement incorporate internal flexibility, particularly operating in small temporary spaces to deal with the situation, as a powerful tool to facilitate the adaptation of competitive enterprises, encouraging greater job stability, as well as the quality of it, ordering the flexible use in the company's functional mobility in a complementary legal provisions sense and streamlined procedures adaptation and modification of the agreement with the participation of union representation or, where appropriate , unity of workers, and the intervention in case of disagreement of the Joint committee of this Agreement and participation for agile and effective solution in cases of blocking in periods of consultation and negotiation required by the precepts of the Statute of Workers affected by internal flexibility, in order to avoid possible at extinguishing measures employment.

Thus, the worker and the worker shall comply with the instructions of the employer, or person in whom he delegates, in regular exercise of their organizational and managerial powers and must perform the work and tasks as required, within the general content of the work performed. In this sense, it can be carried out functional mobility within the company, serving as limit to the same provisions of Articles 22 and 39 of the Statute of Workers, as regulated in this article.

For the parties to agree to distinguish two levels of application flexibility in functional mobility, which are indicated below:

A) ordinary Flexibility: functional mobility will be enhanced as a mechanism of internal flexibility and adaptation by companies, setting agile formulas for your application. Functional mobility within the company will have no limitations other than those required for membership of the professional group or, if applicable, for the qualifications required to perform the work performed in any area or functional areas where the activity is performed. Collective agreements of lesser territorial scope or specific area or, where appropriate, enterprise agreements may regulate the functional versatility and its effects on remuneration.

B) temporary extraordinary flexibility: a higher level of flexibility that responds to business needs temporary functional mobility greater than those listed above will apply. Temporary needs referred should not be identified for this purpose to those derived from seasonal activity or seasonal, given their different nature. For this purpose, the temporary functional mobility for performing different from those belonging to professional group functions may be ordered if there are economic, technical, organizational or production reasons supporting the request, as understood by those in the first paragraph of Article 41.1 of Workers' Statute, and as long as necessary for their care, but may not exceed six months in a year or eight months in two years. Be established also in this case the employer informs of this situation with the utmost speed to the legal representation of workers, both union and unity. In case of disagreement, the parties may request the intervention of the Joint Committee of the Agreement or, where appropriate, of mediation and arbitration or other legally established bodies that are competent by reason of the territory in which it arises the dispute. This mobility will respect the rights of new functions, including those for the remuneration level of the same if they are above and as set out in the applicable collective agreement, if any, unless they are lower in which case the compensation will remain originally. Nor will it be possible to invoke grounds for dismissal objective by supervening ineptitude or unsuitability on these assumptions, if the employer has not offered to the worker or the worker a course aimed at facilitating adaptation to the changes made in the workplace, and the terms provided in articles 23.1 d) and 52 b) of the Statute of Workers.

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


When functional mobility could assume the realization of functions of different functional area continuously, the concurrence of cause economic, technical, organizational or production shall be required, and will be applied as a measure of guarantee of stability and maintenance of employment, ensuring adequate training for the performance of the new features without which could bring in any case the impairment of vocational training of the worker or worker concerned and with respect in any case his personal and professional dignity and safeguarding their physical and mental integrity.
CHAPTER IV



Professional Promotion
Article 20. Professional Promotion.

Workers and hospitality sector workers are entitled to employment in career advancement at work.

The promotions will occur given the training, merit and seniority of the employee and working in accordance with the organizational and managerial powers entrepreneur.

The promotion and career advancement in the company shall comply with criteria and systems that aim to ensure the absence of direct or indirect discrimination between men and women, can be established affirmative action measures designed to eliminate or compensate for discrimination.

When a company vacancy occurs in a job, prior to hiring a new worker or worker internal promotion will be offered to people who perform lower occupation or occupational group, provided they have the required qualifications and appropriate training for the job, in any case agree with the organizational and managerial powers of the entrepreneur, and provided that the legislation does not establish otherwise.

The legal representatives of the workers will receive regular information on the evolution of career advancement in the company and can issue reports on it.
CHAPTER V


Test period employment contract

Article 21. Probationary period for contracts for an indefinite time and temporary.

The trial period may be concluded in contracts of employment subject to the collective labor agreement for an indefinite period, ordinary fixed or fixed discontinuous or temporary or fixed-term, you will always have to subscribe in writing and subject to the following maximum limits:




Duration of the contract





professional groups and functional areas






first group of all areas and second group of fifth area





second group from all areas except the fifth area





third group of all areas






Indefinitely both ordinary fixed and fixed discontinuous.





90 days





60 days





45 days






Temporary than three months.





75 days





45 days





30 days






Temporary up to three months.





60 days





30 days





15 days





The trial period is always counted as calendar days.

Article 22. Probationary period of management.

In common labor contracts concluded for managerial positions, which does not correspond to them one of the professional groups of referred to in Article 16 of this Agreement, the trial period will it be six months, provided they are contracts of indefinite duration, ordinary fixed or fixed discontinuous or four months in a fixed or temporary duration.

Article 23. Nullity of the trial period.

Agreement shall be void to establish a probationary period when the worker has already performed the same functions previously in the company, under any type of contract, as long as they have been overcome.

Article 24. Contracts concluded part-time work.

Contracts in the form of part-time, in accordance with Article 12 of the Statute of Workers may arrange a trial period subject to the periods referred to in the preceding articles.


However, when these contracts are concluded for the provision of services that are not going to make every day of the week, the trial period may not exceed thirty days of actual work, when they are indefinitely, or twenty days of actual work when they are bound.

Article 25. Probationary period of training contracts.

1. The trial period experience contracts may not exceed one month for workers who are in possession of medium-level or two months for those who hold top grade title. If at the end of the contract worker or trainee continue working in the company, it can not be established a new trial, and the duration of the contract for purposes of seniority.

2. The trial period contract for training and learning may not exceed one month. If at the end of the contract for training and learning the worker or continue working in the company, it may not be concluded a new trial, and the duration of the contract for the purposes of seniority in the company.

Article 26. Adjournment of the test.

The temporary disability, risk during pregnancy, maternity and adoption or fostering, risk during breastfeeding and parenthood, affecting the worker and the worker during the trial period, will not interrupt the computation of the same unless produce express written agreement between both parties, either by signing the employment contract, either at the time of attending one of the situations referred to in this article.

Article 27. Common rules.

Shall apply to the trial period the following common rules:

A) The company and the worker or workers are respectively required to perform the experiments that are the subject of the test.

B) During the trial period, the employee or worker shall have the rights and obligations of the job held as if template, except those derived from the termination of the employment relationship, which may occur at the request of either party during its course, without notice or compensation.

C) After the trial period has occurred without the waiver by either party, the employment contract will produce full effect, computing the length of service in the age of the worker and the worker in the company.
CHAPTER VI

Training contracts


Article 28. Training contracts.

This matter is subject to the provisions of Article 11 of the Statute of Workers, implementing regulations, and as specifically set forth in this Agreement.

Article 29. Contract work in practice.

The employment contract may be concluded with trainees who shall be in possession of a university degree or vocational training or higher level or officially recognized as equivalent securities in accordance with the laws governing the existing education system, or certificate professionalism in accordance with the provisions of the Organic Law 5/2002 of 19 June, on Qualifications and vocational Training entitling to practice, within legally established deadlines for the completion of the relevant studies, according to the following rules:

A) The job should allow obtaining the appropriate level of education or training courses taken and may be covered by this contract within the scope of this Agreement contracts made to fill the jobs of professional practices professional first and second areas either functional groups.

B) may also be subject to this contract jobs director or management who do not perform functions for which they appropriate some of the professional occupations listed in Article 16 of this Agreement.

C) The training contract must always be in writing, expressly stating the qualifications of the worker or workers, the duration of the contract and the job or jobs to play during practice.


D) The minimum duration of the contract will not be less than six months. If the contract had been concluded in practice for less than the legally established maximum duration, the parties may agree to three extensions thereof, provided that the total duration of the contract may not exceed the said maximum duration. In any case the duration of each extension may be less than the legally established minimum duration of the contract. Seasonal activities in the contract period may be interrupted at the end of the period of activity and restored when it is resumed, always within the time limits set.

The temporary disability, risk during pregnancy, maternity, adoption or fostering, risk during breastfeeding and paternity leave computing the duration of the contract, under the terms provided in Article 26 of this chapter.

E) Upon termination of the contract, the company shall deliver to the worker a certificate stating the duration of the internship, the position or positions held and the main tasks performed in each of them.

The companies are committed to promote indefinite hiring of workers and hired under this type of training contract who have exhausted the maximum duration legally established workers.

For this purpose, the period of developed practices are considered among the company merits weighted in the process of filling vacancies and recruitment, where appropriate, by converting contracts into permanent contracts practices.

Article 30. Contract for training and learning.

This employment contract shall be directed to the professional qualifications of workers and women workers in a system of alternating paid work activity in a company with training activity received under the system of vocational training for employment or system educational, and shall be governed by the rules set out in Article 11.2 of the Statute of Workers, implementing regulations, and the provisions of this Article.

The minimum contract period is six months and the maximum fixed in the current legislation, depending on the organizational and productive needs of companies and may be discontinued contract duration in seasonal business, and so both split their computer, without prejudice to compliance with its minimum and maximum duration and their extensions, which do not exceed the maximum period of time, they may agree to twice without the duration of each extension may be less than six months .

The temporary disability, risk during pregnancy, maternity, adoption or fostering, risk during breastfeeding and paternity leave computing the duration of the contract.

The work activity performed by the worker or the worker in the company must be related to training activities. The teaching of this training should justify termination of the contract.

In addition, the training activity inherent in the contract for training and learning will be related with work performed in the workplace to occupy the worker, which must meet the access requirements established in the legislation to study the teachings of this training activity.
Collective agreements
lower level fix their remuneration contracts in proportion to actual working time.

In the event that the employee or worker continues in the company at the end of the contract, it can not be established a new trial, and the duration of the contract to effect seniority in the company.

The companies shall carry out these contracts setting criteria designed to achieve a balanced representation of men and women. To this end, companies that hire people on training under this mode, alternate the recruitment of women and men, except impossibility.
CHAPTER VII

Vocational


Article 31. Vocational training for employment.

The organizations signing this Agreement have present the relevance of the level of professional qualification of workers in terms of the competitiveness of the sector. Also they recognize that vocational training at all levels of workers contributes to improving their conditions of life and work, job security and their professional and personal advancement.


The vocational training is therefore shared by businesses and workers objective and has been the subject of special attention by business and trade unions in the sector, within the framework of collective bargaining.

This training also improves staff adaptability to changes that occur in the sector.

Therefore, it agrees to maintain and promote the State Sector Joint Committee on Vocational Training for Employment provided for in Article 33 of this chapter.

The organizations signing this Agreement agree to move to the autonomous communities, the need to promote sectoral training hospitality in its territory, in order to ensure a proper balance between the sectoral and cross-sectoral training offer.

The parties undertake to adopt the necessary measures to promote access of workers to individual training leave in order to develop this initiative in the field of hospitality sector initiatives.

The signatories to ensure professionalism and employability in the hospitality industry parties agree to create a professional card sectoral basis, which promotes both the acquisition of skills start as professional improvement over working life, ensuring its recognition through accreditation conducted both training and the experience gained by committing to its development through social dialogue and in those same instruments themselves.

Article 32. Reference Plan vocational training for employment.

The reference Plan vocational training for employment in the hospitality industry at the state level will contain:

A) Determination of Plan objectives related to meeting the needs of the sector.

B) Establishment of the training included in the reference plan and priorities thereof.

C) Specificity of AEs.

This Plan will be the only reference for the planning and implementation of vocational training for employment in the hospitality industry throughout the State, without prejudice to the powers of the Autonomous Communities, in the execution of training plans in the area assigned to them by law.
Article 33. Joint Commission
State Hospitality Sector Vocational Training for Employment.

The State Sector Joint Committee on Continuing Education established in previous agreements, as a dynamic instrument of the objectives contained in this chapter, changes its name becoming the State Sector Hospitality Joint Commission for Employment Training.

1. Members. This Commission is composed of twelve representatives of trade unions and twelve representatives of business organizations signatories of this Agreement.

2. Decision making. The resolutions of the Commission shall be adopted in accordance with the following criteria:

A) The decision of the vote in the business representation be adopted by an absolute majority of its representatives.

B) The decision of the union representation vote be taken by an absolute majority of its representatives.

C) Decisions of the Commission shall be adopted by agreement between the employer and trade union representatives.

3. Principal functions. In accordance with the provisions of the current legislation, the functions of the joint committees within the Tripartite Foundation for Training in Employment are:

A) Intervene in mediating cases of discrepancies in training.

B) Knowing vocational training for employment that takes place in their respective fields.

C) Determine the guiding criteria and general priorities of sectoral training for workers.

D) To participate and collaborate in activities, studies or research sectoral and make proposals regarding the National Qualifications and Vocational Training centers corresponding to their respective national reference areas.

E) prepare an annual report on training corresponding to their areas.

F) Date of the group of companies on its expected current legislation sector.

G) Any other that they are allocated by the current regulations and those established in the future.

4. Additional functions. Besides these, the Commission shall have the following functions:


A) Establish criteria to facilitate linking vocational training for employment in the hospitality industry with job classification system and its connection to the National System of Qualifications and Vocational Training, for the purposes of determining levels vocational training for employment in the sector and its correspondence with the certification procedures determined by the National Qualifications System.

B) Address and comply with requests and requirements that may be transported by the Tripartite Foundation for Employment Training, among others: report on training agreements; and report on complementary actions under the terms and conditions set forth in the call.

C) Actively participate in the National Reference Centres Hospitality and Tourism, promoting activities that benefit the sector.
Article 34.
extra provisions on training.

Matters not covered by this Chapter, subject to the provisions in the legislation, as well as the laws, regulations and conventional rules that may be established in the future in this area, in particular the provisions of the transitional provision only this Agreement.
CHAPTER VIII



Labor Disciplinary measures
Article 35. Fouls and penalties of workers and women workers.

The company management may penalize labor violations incurred by male and female workers, according to the ranking of offenses and penalties set forth in this chapter.

The assessment of offenses and penalties imposed by the company management will always be reviewable before the competent jurisdiction, without prejudice to possible submission to mediation procedures or established or that may be established arbitration.

Article 36. Graduation happy.

Every offense committed by an employee or a worker qualify as minor, serious or very serious, depending on their importance, significance or intention, as well as the human factor of the worker or workers, the circumstances and social reality.

Article 37. Disciplinary proceedings.

The notification of faults require written to the worker stating the date and the facts that motivate, who must acknowledge receipt or sign aware of communication media. The sanctions in the labor order may be imposed, always without prejudice to the possible actions in other orders or instances. The legal or union representation of workers in the company, if any, should be informed by the management of companies of all sanctions imposed for serious and very serious offenses. The union delegates in the company, if any, should be heard by the management of the companies prior to the adoption of a dismissal or sanction a worker affiliated to the Union character, provided that such circumstance is recorded and is in knowledge of the company.

Article 38 Misdemeanors.

Will be minor offenses:

1. The neglect, error or delay in performing any work that does not cause significant disruption in the commissioned service, in which case will be classified as serious misconduct.

2. One to three tardies unjustified incorporation to work up to thirty minutes, during the period of thirty days, provided that these delays are not serious damages for work or obligations that the company will be entrusted derived, in which case qualify as serious misconduct.

3. Failing to provide the company with the greatest possible speed, the fact or reason for absence from work when due to cases of temporary disability or other cause, unless the failure to have done is proven, without prejudice to present time appropriate supporting documents such absence.

4. Abandonment without just cause of work, even for a short time or early termination of the same, with less than thirty minutes in advance, provided these absences serious damage to the work, in which case it is considered a serious offense arising.

5. Small oversights in the conservation of gender or material.

6. The company not communicate any change of address.

7. Discussions with other workers or workers within the premises of the company, provided they are not in the presence of the public.

8. Bring uniformity or work clothes required by the company carelessly.

9. Lack of occasional shower during the service.


Article 39. Serious offenses.

Will be serious offenses:

1. More than three unexcused absences timeliness return to work, committed in the period of thirty days. Or, a single lack of punctuality than thirty minutes, or that of serious damage or disorders arising for work, considered as such, causing delay in the start of a public service.

2. Miss one or two days of work during the period of thirty days without authorization or just cause.

3. The work stoppages or early termination without cause, for more than thirty minutes time, between one and three times in thirty days.

4. Not communicate with modifications due timeliness of data dependency, which could affect the company for the purposes of withholding taxes or other business obligations. Bad faith in these acts determine the classification as a very serious offense.

5. Failure to comply with the orders and instructions of the company, or personal delegate of the same, in regular exercise of their executive powers, including those relating to the prevention of occupational risks as training and information received. If this failure was repeated, imply brokenness manifesto for the same work or noticeable damage to the company or other workers derivase, could be qualified as very serious.

6. Carelessness important in maintaining gender or articles and materials of the establishment.

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

8. Provoking and / or discussions with other workers in the presence of the public or to transcend it.

9. Use it for themselves, items, equipment, and apparel company, unless otherwise authorized.

10. Attend or remain at work under the influence of alcohol or drugs, or consumption during working hours; or outside, wearing the company uniform. If these circumstances are repeated, it may be classified as a very serious offense, whenever there mediated warning or penalty. The worker being under the abovementioned effects cause during work hours or on company premises any altercation with customers, business owner or managers, or other employees, the misconduct in this case will be classified as very serious.

11. Failure during the service uniform or work clothes required by the company.

12. Not serve the public with due diligence and correction, provided that such conduct was not a special harm to the company or workers, in which case it will qualify as a very serious offense arising.

13. Failure to comply with the instructions of the company in terms of service, form filling done or not working parts or other required forms. The repetition of this behavior is considered a very serious offense always has mediated warning or penalty.

14. Failure to comply with the obligations under the rules of Safety and Health at Work, food handling or other administrative measures that apply to work done or catering activity; and in particular the lack of collaboration with the company in the terms established by the legislation, so that it can ensure that working conditions are safe and without risk to health and safety at work.

15. Recklessness at work that may involve risk of injury to themselves, to other workers or third parties or risk of damage or physical damage to the facilities of the company. The reiteration in such indiscretions may qualify as very serious whenever there mediated warning or penalty.

16. Using disrespectful or insulting words regularly during the service.

17. The lack of hygiene and cleanliness, has provided mediated warning or penalty and is such as to produce justified complaint of workers or the public.

18. Repetition of minor offenses, even if they are of a different nature, within a quarter and having mediated warning or sanction.

19. The use by the employee or worker, contrary to the instructions or business orders in this matter, information technology, telematics or communication provided by the employer for private or personal use, oblivious to the work and professional activity that is hired and for which they have provided these tools. When this result further use abusive and contrary to good faith, it may be qualified as very serious.

Article 40. Very serious offenses.

Will be very serious offenses:


1. Three or more absences from work, without justifying, in the period of thirty days, ten absences during the period of twenty six months or a year.

2. Fraud, disloyalty or breach of trust in the mandated negotiations and in dealing with other workers or workers or any other person in the service of the company regarding work with it, or make negotiations at the premises of the company trade or industry self or another person without the consent of the former.

3. Disappear, disable or cause damage to materials, equipment, tools, equipment, facilities, buildings, equipment and documents of the company.

4. The theft or embezzlement committed within the company.

5. Violating the secrecy of correspondence, documents or confidential company data, or disclose to strangers to the same people, their content.

6. Maltreatment of word or deed, abuse of authority or serious lack of respect and consideration to the employer, persons delegated by him and other workers and the general public.

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

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

9. The simulation of illness or injury alleged by the worker or workers not to attend work; and, in the situation of temporary disability, when work of any kind are made by self-employed persons, including any manipulation, deception or inconsequential personal conduct, such as making unjustified with their situation inability to cause prolongation of activities the low.

10. Damages caused to people, including the workers themselves, the company or its facilities, for failure to observe the measures on prevention and safety protection at work, provided by the company.

11. The repeated serious or very serious offense, albeit of a different nature, provided that it is committed within a period of six months from the first and had been warned or penalized.

12. Any behavior or conduct in the workplace, which violates the right to privacy and dignity of the woman or man by the offense, physical or verbal, sexual. If such conduct or behavior is carried out taking advantage of a hierarchical position will be an aggravating circumstance.

13. Harassment, sexual harassment and gender, as well as by reason of racial or ethnic origin, religion or belief, disability, age or sexual orientation or gender, people working in the company.

Article 41. Classes of sanctions.

1. The company may apply for committing very serious offenses any of the penalties provided in this article and serious those provided for in paragraphs A) and B).

The maximum penalties that may be imposed in each case, depending on the graduation of the offense, shall be:

A) For minor offenses:

Reprimand.

Suspension of employment and salary up to two days.

B) For serious offenses:

Suspension of employment and salary from three to fifteen days.

C) For very serious offenses:

Suspension of employment and salary from sixteen to sixty days.

Disciplinary dismissal.

2. Effective enforcement of sanctions suspension without pay, in order to facilitate the involvement of bodies mediation or conciliation pre process should be completed within the following deadlines:

A) up to two days suspension without pay, two months from the day following the date of its imposition.

B) three to fifteen days suspension without pay, four months.

C) sixteen to sixty days suspension without pay, six months.

In the written communication of these penalties the company should set the compliance dates of the suspension of employment and salary.

Situations of legal suspension of the employment contract and labor inactivity periods of intermittent permanent workers, suspend the deadlines previously established.

Article 42. Prescription.

Minor offenses shall expire after ten days, severe twenty, and very serious at sixty from the date the company was aware of his commission, and in any case within six months after task.

In the cases referred
be happy typified in this chapter, in which reiteration tardiness, absences or unjustified abandonment occurs over a period of thirty days, the dies a quo of prescription regulated in this article shall be computed from the date of the commission of the last fault.

The deadlines for the appreciation of recidivism in the commission of offenses defined in articles 39 and 40, they will be interrupted by periods of work inactivity permanent seasonal workers.
CHAPTER IX


Extrajudicial settlement of labor disputes

V Article 43. Accession to Agreement on autonomous settlement of labor disputes (court system).

1. Adherence to the autonomous systems of conflict resolution. The parties agree to their total and unconditional adherence to V Agreement on autonomous settlement of labor disputes (court system), signed on February 7, 2012 and published in the "Official Gazette" No. 46, 23, under Resolution the Directorate General of Employment of 10 February 2012.

Notwithstanding that in the lower areas relevant sectoral negotiating parties to adhere to the judicial or alternative settlement of labor disputes, established in the Autonomous Communities systems; from the state level, for the settlement of collective disputes arising from the interpretation and application of this agreement, the parties adhere and submit to them.
In any case
conflict affecting more than one Autonomous Community, shall apply the system extrajudicial settlement of labor disputes at state level.

2. Mediation. When the conflict in interpretation and application of ALEH magazine collective character, mediation is mandatory in all cases must necessarily precede the corresponding judicial action.

In any case the Joint Committee intervene in limine, in those conflicts of interpretation and application of ALEH that have been submitted to it in accordance with the principles and procedures set forth in this chapter.

Mediation may be requested by mutual agreement or upon request by the Joint Committee of ALEH, exercising this function directly mediation and appointing mediators purpose.

The request for mediation addressed to the Joint Committee of ALEH the matters at issue in the conflict will be indicated, as well as the proposals of the requesting party or both. The Joint Commission will examine the question ALEH and possible mediation intervention.

If the Joint Committee understand that comes its mediating action will exercise this role by appointing a Commission of Mediation, which act by consensus, composed of one representative of each of the two signatory unions and a representative of each one of the signatories business organizations. The members of the Mediation Committee, appointed by their organizations may expressly delegate its mediating role in one of its components. Such Mediation Commission will be integrated in the Interconfederal Service Mediation and Arbitration (SIMA) and act in accordance with the procedural rules set out in the existing Agreement on Extrajudicial Settlement of Labour Disputes.

If no agreement in the mediation process occur, the Mediation Commission will make a final proposal that necessarily will record in the final minutes.

The proposed solutions offered by the Commission for Mediation to the parties may be freely accepted or rejected by them. If accepted, the compromise achieved will have the same effectiveness of the agreement in the collective agreement. Unless the Joint Committee of ALEH own decided to summon the parties at the headquarters of SIMA in Madrid, the act of mediation will take place in the town or where the conflict originated area, all in accordance with the provisions of procedure of SIMA .

The reference to SIMA conflict referred to in this paragraph is carried out under Article 6.4 of ASEC, which is reproduced here.

3. Arbitration. In the event that mediation ended without agreement, either party may continue the administrative and judicial process to resolve the conflict or, by common agreement, to urge the mediation committee appointed by the Joint Committee of ALEH for it resolved through arbitration in deciding the latter, based on what happened in the mediation process, if it meets the arbitration directly or proceed to appoint referees for this purpose.


4. Costs of mediations and arbitrations. The costs arising all mediation and arbitration regulated in the preceding paragraphs shall be subject to the rules of SIMA or regional body concerned. In the case of others not covered by the above bodies or by the normal functioning of the Joint Committee of ALEH, each of the parties concerned costs caused by such proceedings shall bear their respective costs.
CHAPTER X


Effective equality of women and men

Article 44. Principle of equal treatment and opportunities.

Women and men are equal in dignity and rights and duties. The principle of equal treatment between women and men means the absence of any discrimination, direct or indirect, on grounds of sex and, especially, the maternal, the assumption of family obligations and marital status.

By regulating in this chapter it contributes to realizing the right to equal treatment and opportunities between women and men in the state sector Hospitality workplace, particularly through the elimination of discrimination women, whatever their circumstances or conditions, in accordance with the provisions of the Organic Law 3/2007 of 22 March for the effective equality of women and men.

Article 45. Non-discrimination in labor relations.

The principle of equal treatment and opportunities for women and men, applicable in the workplace in the hotel industry will ensure, in the terms provided in the applicable regulations, access to employment, vocational training, in career advancement, in working conditions, including remuneration and dismissal, and membership and participation in trade union and business organizations.

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

1. Access to employment. No one shall be discriminated against on grounds of sex in access to work. Job offers must be made, in any case, both men and women, can not be excluded, directly or indirectly, to any worker or worker on account of their sex. Tests recruiters performing companies can not establish any difference or advantage related to the sex of those who aspire to the selection. The labor contract can not be determined in view of the condition of the sex of the worker or workers, except the actual establishment of positive action measures for the under-represented sex may be established in the field of business.

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

3. career advancement. In terms of career advancement and promotion it will be promoted by introducing positive measures to overcome the deficit of women, assuming they exist, in the categories and most qualified professional groups or, if applicable, of the less represented gender .

4. Vocational training. In the training companies to access their staff with absolute respect for the principle of equal treatment and opportunities for women and men will be guaranteed. For this purpose may establish quotas, reserves or other benefits in favor of sex workers underrepresented in the field to which those actions are directed training.

5. Retribution. For the same work or for work to which equal value is attributed discrimination, direct or indirect will be eliminated based on sex, in all the aspects and conditions of remuneration. Collective agreements in the hotel industry, whatever its scope, in setting salary levels, salary tables and determination of any wage or extra-wage complement, in particular ensure the application of the principle of equal pay on grounds of sex, watching especially the exclusion of indirect discrimination. The designations gender neutral groups and professional categories set out in Chapter II of this Agreement governing the job classification system must be reproduced, by collective agreements lower level, in setting their salary levels and salary tables.


6. Working time. Without prejudice to the regulation that may appear in this Agreement on the rights of conciliation between personal, family and work life, collective agreements lower level, provided that these measures will not be negotiated and agreed at state sector level, promote measures of flexible working hours and working time, to facilitate the effective right to reconcile personal, family and work life, promoting the joint responsibility of male workers in housework and family care. Also the negotiating parties to these conventions adapt conventional regulations on working hours and rest, including permits, leave of absence, reductions and adaptations of working hours and holidays, the amendments contained in the Organic Law for the effective equality of women and men.

7. Other working conditions. In determining the rest of the working conditions, including those related to the termination of the employment contract can not be taken into account sex worker or affected worker, unless it has been established as an express positive action to facilitate the hiring or continued employment of workers or workers whose sex be less represented and provided that it is reasonable and proportionate.

8. Protection against discriminatory harassment based on sex and sexual harassment before. will not be tolerated in companies Hospitality, the situation where an unwanted behavior, related to the sex of a person, with the purpose or effect of violating the dignity of the person and of creating an intimidating, hostile occur , degrading, humiliating or offensive. Nor is the situation in which any verbal behavior occurs be tolerated, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading environment is created , humiliating or offensive.

Article 46. Equality Commission in the state sector level of hospitality.

Within the Joint Committee of the Agreement an Equality Commission, composed of eight members, designating the four organizations and trade unions signed two members each of them, trying to be a man and a woman, constitutes object to foster a balanced and equal representation of women and men.

The Equality Commission undertake, and specifically exercise the powers of the Joint Committee of the Agreement on matters related to equality of women and men in the workplace.

The Equality Commission conducted monitoring of the implementation of equality measures provided for in this chapter, as well as that may be in the lower-level collective agreements and equality plans in companies in the hospitality sector . For this purpose he may request information on the negotiating parties of the agreements referred and businesses regarding their equality plans.

Within the Equality Commission may propose new measures on equal treatment and opportunities for women and men, for inclusion in the negotiating body, where appropriate, to the contents of this Agreement.

The Commission on Equality of this Agreement shall obtain from the government building measures to promote the voluntary adoption of equality plans, especially targeting small and medium enterprises in the hospitality sector, provided for in Article 49 of the Law organic effective equality of women and men.

Article 47. Equality plans hospitality businesses and other measures to promote equality.

1. Companies Hospitality are obliged to respect equal treatment and opportunities in the workplace and, to this end, shall take measures to avoid any kind of employment discrimination between men and women, measures to be negotiated, and where appropriate agree with the unitary labor union representation and, where appropriate, with the scope and content provided in this chapter.

2. In the case of hospitality companies over two hundred fifty employees, the equality measures referred to in the preceding paragraph should be addressed to the negotiated development and implementation of an equality plan, with the scope and content provided in this chapter.

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


4. Equality plans businesses are an ordered set of measures, taken after a diagnosis of the situation, aimed at achieving in the company equal treatment and opportunities for women and men and eliminate discrimination on grounds of sex.

5. Equality plans will determine the specific objectives to achieve equality, strategies and practices to be adopted to achieve them, and the establishment of effective monitoring and evaluation of the objectives set.

6. To achieve the objectives, equality plans shall address, among others, matters of access to employment, professional classification, promotion and training, remuneration, organization of working time, reconciling personal, family and work life, and prevention of sexual harassment and harassment on grounds of sex.

7. Equality plans include the entire company, without prejudice to the establishment of appropriate special actions for certain workplaces.

8. In any case, access to the unit and union representation or, failing that, the workers themselves interested, information on the content of equality plans and achieve its objectives is guaranteed.

The provisions of the preceding paragraph shall be without prejudice to monitor the development of agreements on equality plans by the joint commissions of collective agreements.

Article 48. Diagnosis of the situation.

Before setting equality objectives be achieved if any, companies will conduct a diagnosis of the situation by obtaining sex-disaggregated data in relation to working conditions and with particular reference to matters such such as access to employment, training, job classification, remuneration and management of working time conditions, and reconciliation of personal, family and work life. All this in order to ascertain if any, the existence of situations of unequal treatment or opportunities for men and women without an objective and reasonable, or situations of discrimination justification on grounds of sex involving the need to set such targets.

From all this, companies will notice in writing to the unit labor representation and, where appropriate, of association, such representations may issue the report if deemed appropriate.

The situation analysis should provide disaggregated by sex in regard, inter alia, data on the following issues:

A) Number of people in the workforce workplace or company.

B) Distribution of staff by age.

C) Distribution of staff by type of contract.

D) Number of people who have joined the company as the contractual access mode.

E) Number of people who have left the company detailed for reasons or motives.

F) Number of persons with temporary contracts.

G) Number of conversions of temporary contracts into permanent (fixed or discontinuous fixed).

H) Number of persons by functional areas.

I) Number of persons by professional groups (if applicable, you can make the distribution by professional category).

J) Number of people promoted or advertised professionally.

K) Number of beneficiaries of training actions.

L) Number of persons distributed according to the type of workday.

M) Number of people who have adapted or reduced their working hours, or leave suspended its contract, by legal guardian or other family reasons.

N) Number of days of absenteeism.

O) monthly remuneration.

O) Situations of sexual harassment and harassment on grounds of sex in which concurs final judicial decision which recognized such situations.

P) Number of representatives in unitary and trade union bodies.

Q) Number of people with senior management contract.

They must also diagnosed criteria and information or communication channels used in the selection process, training and promotion, the methods used for the description of professional profiles and jobs, language and content of jobs and application forms to participate in the selection process, training and promotion.


Annex II of this Agreement a template diagnostic situation is incorporated in the company's effective equality of women and men in order to facilitate the work of data collection to carry out the appropriate diagnosis and evaluation of the equal status, which may be used by companies in the hotel sector.

Diagnostic data situation for plans always refer to the previous year.

Article 49. Objectives of equality plans.

Once the diagnosis of the situation may be established specific objectives to achieve based on the data obtained and which may include the establishment of positive measures such as those outlined in Article 45 of this chapter on those issues in which establishes the existence of situations of inequality between women and men lacking objective justification, as well as the establishment of general measures for the effective implementation of the principle of equal treatment and non-discrimination.

These objectives, which include strategies and practices to achieve them, they will preferably aimed at the areas of access to employment, classification, promotion and training, remuneration conditions and working time arrangements to favor, in terms of equality women and men personal, family and work-life balance, and prevention of sexual harassment and harassment on grounds of sex, among others:

A) To promote recruitment and promotion processes that avoid equal vertical and horizontal segregation, consisting of maintenance, if any, situations of labor and professional activity distributed by gender, or occupation to a greater extent positions of responsibility by men over women, and avoid the use of sexist language. This is being made to ensure procedures transparent selection for entry into the company through the drafting and dissemination non-discriminatory job offers and the establishment of objective evidence and appropriate to the requirements of the position offered, exclusively related to the assessment of skills and individual capacities.

B) To promote the inclusion of women in positions involving control or responsibility.

C) Establish specific programs for the selection and promotion of women in positions where you are under-represented.

D) Review the impact of the various forms of contracting modalities in the group of workers with regard to workers and take corrective measures if greater impact on them, forms of contracts used.

E) Ensure equal access of men and women to training company both internally and externally, in order to ensure the continued employment of women, developing their educational level and their adaptability to the requirements of employment demand.

F) specific to women in training courses for positions that have traditionally been occupied by men Information.

G) Carrying out specific courses on equal opportunities.

H) Review ons that make up the salary to ensure they are not locking discrimination on women workers.

I) promote processes and set deadlines for correcting any existing wage gap between men and women.

J) Getting more and better reconciliation of personal, family and work life of men and women through awareness campaigns, distribution of permits, existing legal exceedances or other measures.

K) Establish measures to detect and correct potential risks to the health of workers, especially pregnant women, as well as action against possible cases of moral, sexual and gender harassment.

Article 50. Preparation and monitoring of equality plans in companies catering.

Once the diagnosis of situation, Hospitality companies affected by this chapter shall negotiate within the scope of complementarity of this chapter, with unit labor representation and, where appropriate, union representation, the corresponding plan equality under the principle of good faith.


In the event of discrepancies occur in negotiating the plan of equality revistieran nature of conflict in accordance with the provisions of the law, you can go to the Equality Commission created in this chapter, in order to promote mediating it. Exhausted the intervention of the Equality Commission, either party may request alternative settlement procedures provided for in the seventh chapter of this Agreement.

Once signed the Equality Plan, the Plan Monitoring Committee which will feature a performance regulations ensuring compliance with the measures taken therein and checking through indicators of the degree of compliance shall be established each target and measured.

The Equality Plan will last for four years, after which it will proceed to develop a new plan of equality, applying the provisions of this chapter.

Article 51 specific measures to prevent sexual harassment and harassment on grounds of sex at work and protocol in the field of hospitality companies Measures.

1. Introduction.- Businesses should encourage working conditions that prevent sexual harassment and harassment based on sex and arbitrate specific procedures for prevention and to channel complaints or claims that may make those who have undergone the same.

For this purpose they may establish measures to be negotiated with the unit labor representation and, where appropriate, with the union, such as the development and dissemination of codes of good practice, information campaigns or training activities representation .

Both the unitary representation and union should help to prevent sexual harassment and harassment on grounds of sex at work by sensitizing workers from the same, informing the company of any conduct or behaviors on which they are aware and that could propitiate.

2. DEFINITION.-Article 7 of the Organic Law 3/2007 of 22 March 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 effect of violating the dignity of a person, in particular when creating an intimidating, degrading or offensive environment and harassment based on sex as any behavior depending on the sex of a person, with the purpose or effect of violating is created against his dignity and creating an intimidating, degrading or offensive environment.

3. Adoption of a code of conducta.-Notwithstanding the provisions of this article, as a preventive measure in situations of sexual harassment and harassment on grounds of sex adoption by companies Hospitality proposed, with necessary modifications, of the 'code of conduct on measures to combat sexual harassment "prepared by the Commission of the European Communities, pursuant to the recommendation of the Committee, 1992/131 / EEC of 27 November, on the protection of the dignity of women and men at work, and work as Annex III of this chapter.

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

4. Action protocol hospitality companies in cases of sexual harassment and harassment based on sex.

The principles on which the protocol is based are the efficiency and effectiveness of procedures, as well as the speed and confidentiality of the proceedings.

A) Procedure informal.-Considering that in most cases what is intended is simply the cessation unwanted behavior, first, and as an informal process, the ability to follow an informal procedure will be assessed, under which the person concerned himself clearly explain to the person who shows unwanted behavior, such conduct is unwelcome, that is offensive or uncomfortable, and interferes with their work, in order to cease the same. Such unofficial procedure may be carried out if the person concerned so decides and, at its election, by a representative of workers in the company, both the unitary body and, where appropriate, the association, by the immediate superior, or by an official of the personnel department of the company.


This procedure may be appropriate for cases of untargeted but environmental mobbing, in which what is affected is the work environment, creating an offensive working environment, humiliating, intimidating or hostile.

B) Procedure formal.-In cases in which, because it is a direct harassment by the circumstances, or the informal procedure have been attempted without success, it is not appropriate, a formal procedure will start.

1. The formal procedure will begin with the presentation of a letter, which shall include the list of incidents, as detailed as possible, prepared by the person concerned is the subject of sexual harassment. The person who directed the writing will be, according to choice, a responsible personnel department, or a person of the company. Also, if so decided by the employee or worker, a copy shall be transferred to the unit and union representation in the company.

2. The presentation of the letter will lead to the immediate opening of an information package, aimed at ascertaining the facts, giving hearing process to all participants, including unitary representations and, where appropriate, union if the person concerned is not opposed and practiced few measures deemed necessary to ascertain the veracity of the events.

3. During the pendency of such proceedings to enable it involved, if they so wish, the change in the workplace, wherever this is possible, until a decision is taken.

4. The participation of all the performers, including possible witnesses and if the individual or union staff representatives shall observe the confidentiality of the proceedings, by directly affect the privacy, dignity and integrity of people. It will be observed due respect to both the person who has filed the complaint as the person subject to it.

5. The finding of sexual harassment or gender will result in the imposition of sanctions under Article 40.13 of this Agreement.

6. When the finding of facts is not possible, and therefore not taken disciplinary action in any event the complainant was represaliará, on the contrary, be monitored with special attention the situation to ensure that harassment does not occur. Also, whenever this is possible, work organization preventing continuous contact of those affected will be sought.

However, if the conduct of sexual harassment or harassment based on sex means or implies by its evidence, notoriety or seriousness, a direct attack or immediately to the dignity of women or men, the company will take disciplinary action it may consider appropriate, without resorting to this procedure.
CHAPTER XI


Prevention of occupational hazards and health and safety at work

Article 52. Sectorial State Commission on Safety and Health at Work in Hospitality industry.

1. Sectoral State Commission on Safety and Health at Work in Hospitality industry is constituted as a collegial body does not exist for both competitions individualized for its members in order to encourage the participation of employers and workers, through organizations business and trade union signatories of this Agreement, so that disclosure and reporting of occupational risks in the sector, as well as preventive rights and obligations of employers and workers, and promote preventive action.

2. Its composition will have joint nature and adopt its own rules of procedure to be approved by the negotiating committee of this Agreement, and shall, where appropriate, competencies and powers of consultation and participation in matters related to policies of occupational health in the sector at all times said Bargaining Committee agreed, pursuant to the provisions of the Law on Prevention of Occupational Risks.


3. The composition of the Commission shall be eight representatives four appointed by the business representation, corresponding CEHAT two and two to FEHR; and four appointed by the union representation, corresponding two SMC-UGT and CCOO other two Services. The designated components may be revoked by their respective organizations and thus replaced by others, being valid the intervention of a commissioner with voting delegate within the same organization. Regular meetings will be quarterly and extraordinary whenever requested jointly one of the two representations. The meetings of the Commission, provided that it is notified in advance in writing, they may attend advisors and technicians who can intervene with voice but no vote.

4. The components of the Commission shall be subject to the provisions of paragraph 2 of Article 65 of the Statute of Workers and paragraph 3 of Article 37 of the Law on Prevention of Occupational Hazards, as to observe confidentiality and professional secrecy regarding the information had access as a result of discharging their functions, even after ceasing to belong to that body. In any case, any documentation submitted to the Commission may be used outside the strict scope of the visit and for different purposes than those for which delivery without the authorization of all components thereof.

Article 53. Tasks of the Commission.

The Commission shall have the following tasks:

A) Disclosing and reporting occupational hazards existing in the hospitality industry, as well as the rights and obligations of the employer preventive and workers.

B) To promote information campaigns on prevention of occupational hazards.

C) Promoting safety, health and specific preventive actions in companies.

D) Promote the involvement of employees in carrying responsible for their preventive obligations.

E) To promote the study of working conditions in the hospitality industry.

F) The formulation of sectoral prevention plans.

G) Follow-up arrangements in this area which are regulated in collective bargaining lower level in the sector.

H) To encourage reports at the request of the parties regarding issues raised proper and adequate treatment of safety and health in the sector.

I) contribute their knowledge and experience in identifying specific risks that must be evaluated.

J) Determine the criteria and procedures for risk assessment in the hospitality industry.

K) Participate in the development, implementation and review of plans and prevention programs arising from this Commission.

L) To participate in the procedures, content and organization of information activities and training of workers in safety and health.

M) Participate in efforts to improve working conditions or correction of existing shortcomings on a proposal from any of the representations.

N) Participate in the design of programs of health surveillance, adapted to the specific risks in the sector and the companies concerned and the evaluation of results, always with the limitations provided by law.

O) Identify and evaluate statistics on the rate of absenteeism and its causes, accidents and occupational diseases and their consequences and accident rates.

O) promote actions for vocational rehabilitation and reintegration of those who have been working in the disability sector companies.

P) Conduct studies and assessments of the incidence of alcoholism and drug addiction in the sector.

Q) will also address environmental issues related to the company and that could be caused by work activities that develop them, in relation to occupational safety and health.

R) issue reports on issues related to safety and health in the sector.

S) To seek funding of public institutions for the development of their tasks, without prejudice to own funds that could be allocated.

T) All those allocated to them by the application of the Law on Prevention of Occupational Risks.

U) Develop the objectives established or to be established in the Spanish strategies Safety and Health during the term of this Agreement.

Article 54. Powers of the Commission.


In order to exercise its functions and address all matters safety and health may arise in the undertakings concerned by this Chapter, the Commission shall have the following powers:

A) preventive actions can be agreed exceptionally conducting visits to companies, provided they are planned by unanimous agreement of the Commission, whether previously heard the undertaking concerned, and the visit by members of the Commission should be designated.

B) may request information and documentation for timely completion of the task announced during the visit, always on issues related to working conditions and health risks.

C) Ability to make reports and studies available to the company on issues related to prevention, occupational health and safety, from Prevention Services, Inspectorate of Labour and Social Security or other entities.

D) Request assistance or advice from public or private entities that create desirable for proper performance of their duties.

E) promote and participate in research: assessment and risk control; incidence of damage from work; and assessing the effectiveness of preventive action.

F) Identify and evaluate statistics on the rate of absenteeism and its causes, accidents and occupational diseases and their consequences and loss ratios instruments, drawing on official data held by public bodies.

G) To promote the participation and collaboration of workers in prevention, collecting and studying their suggestions and proposals.

H) To study and determine any proposals made by the companies in order to prevent risks.

Article 55. Scope of concrete action programs promoting health and safety at work.

The actions of the Commission's programs to promote health and safety at work will be prioritized in those companies whose workforces are between 6 and 50 workers and lack of legal representatives of workers and enterprises less than 6 workers and self-employed.

The criteria for the purpose of selection of companies to be agreed unanimously by the Commission, must answer the same objective data, such as accident rates, more difficulties for preventive action or the like.

Article 56. Territorial Commissions safety and health at work of lower level.

The State Sector Commission may determine the requirements for the creation, where they do not exist, territorial commissions or similar bodies of lower level and regulate competition between territories.
CHAPTER XII


Conventional subrogation in the sub-communities or social restoration. Change of employer guarantees
Article 57
Introduction.

This chapter aims to ensure business subrogation, with its effects, in cases of succession or replacement companies authorities, which is not fulfilled the requirement of the property transfer.

The absorption of staff between those who happen by any title in the activities listed in this chapter, will be held under the terms and conditions set forth herein, in accordance with the following:

A) Where application of Article 44 of the Statute of Workers, will be the regime and effects of its own.

B) Where the change in ownership will not frame cited in the field of application of Article 44 of the Statute of Workers, subrogation the effects, in view of the peculiar characteristics of the activity defined in scope, will come conditioned the assumptions and rules validly Paccionada under this rule.

In any case, it is of subsidiary application of Article 44 of the Statute of Workers in all matters not stipulated in this Agreement.

However, in both cases, shall apply the formal and documentary obligations established.

Article 58. Exclusion.

This regulation shall not apply to the activity of Lodging & Accommodation, or as the main company or client, or as transferor or transferee, so companies in this subsector of activity shall be governed solely in this area, by the provisions of the Workers' Statute and other applicable legal standards.

Article 59. Scope.


1. It is understood by service authorities or social restoration, who by an interposed venture between the parent company (client) and the diner, providing a catering service and proceeds to develop and transform food through a system and own organization, facilities the same "client" or on their own, always serving later, these foods in the spaces provided for this purpose by customers and receives a considerable consideration. Also included within the scope of this chapter services restaurateurs under administrative concessions by companies belonging to the sub-communities or social restoration, for example in schools, hospitals and airports, among others.

2. For the purposes of this Agreement shall apply:

A) workers and affected workers or beneficiaries of the content of this agreement, workers actually employed by the principal or transferor at the time of transmission occur, whose employment relationship this made under Article 1 of the Statute of Workers . Without affecting the peculiarities of temporary or fixed contractual link, nor the specific development of the employment relationship (with respect to time, category, etc.) - In the terms stated in Article 61 of this Agreement.
Ultimately
workers will be affected by the subrogation, those who were assigned to carry out their work task in the company, business or part of the same object of transmission.

B) As companies will be any natural or legal person, whatever their legal coating, therefore individual or corporate, with or without profit to develop their activity in the sector communities.

Company principal or client: Any natural or legal person (in the terms expressed in paragraph b) directly responsible for decision making regarding the dispensation or not the service; regardless of who owns or no facilities or equipment necessary for the provision thereof, or is under order of their management under any title.

Transferor: Any natural or legal person (in the terms expressed in paragraph b), for any of the reasons provided in this chapter, lose the quality of employer in respect of the undertaking, business or part of these, the subject of transfer, transfer, sale, lease or assignment.

Assignee Company: What will be any natural or legal person (in the terms expressed in paragraph b), for any of the reasons provided in this chapter, acquires the quality of employer in respect of the company, the center work or part thereof, subject of transfer, transfer, sale, lease, transfer or assignment.

Comensal: Subject to which the services are intended Hospitality order of succession or replacement.

Article 60. Purpose and assumptions of business succession or replacement.

The provisions of this chapter shall apply in all cases of succession or replacement business, which does not exist, property transfer, following the change of ownership of a company, work center, a production unit autonomous, an operating unit, marketing or production activities communities, or portions thereof under among other assumptions:

In cases where a company discontinues the activity of authorities by decision of the parent company and this charge is made directly from the operation, developing this activity exclusively or primarily, will assume the position of accepting undertaking pursuant to provided in this chapter. If the activity pass to be paid by a third company, owned by the principal or dependent on it, under concession, lease or any other title, also operate surrogacy.

So, the provisions of this chapter shall apply among other assumptions:

A) Transmission arising from the existence of a specifically signed to this effect between the principal or the transferor and transferee, understood as contractual demonstration, any legally relevant act that might imply a change in the ownership of the company: lease or any other, whether commercial or civil, administrative decision or a final judgment, including the transfer mortis causa.


B) Succession of contracts, concession service operations and administrative concessions. In the case of administrative concessions succession by this chapter will operate independently as contemplated in the specifications.

C) Merger or appearance of new legal personality derived from the union of two or more previously existing companies, which disappear to make way for a new society.

D) Absorption business which remains the legal personality of the acquiring company, although the absorbed disappears.

E) Also included:

1. Transmission cases arising from judicial intervention, such as a bankruptcy, or return of the company to its original owner as a result of a court decision resolving a contract, whether commercial or civil.

2. Transmission cases arising from judicial intervention, to terminate the contract for breach of the contract specifications of the concession. It also will operate the subrogation in the terms expressed in this chapter, when for breach of the terms of the tender of the concession, lease, or any other legal form of a similar nature the main company terminating the contract appointing directly to the new holder of the concession .

Article 61. Secondment of staff.

1. In order to ensure the principle of stability in employment of workers in the subsector of communities and business subrogation in labor relations staff, for whom succeeding the outgoing company in any of the cases provided for in Article 60 of this Agreement , workers of the transferor happen to be ascribed to the assignee company that will perform the service, it respecting the rights and economic, social, labor and personal obligations abusing it in the transferor, where some are given the following assumptions:

A) active workers in providing services at the center of activity with a minimum age of the last four months in the same, whatever the nature or form of their work contract. For the purposes of this calculation shall be understood as working time holiday periods, temporary disability or other grounds for suspension of contract or Paccionada legal cause.

B) workers who at the time of change of ownership of the company, workplace, autonomous production unit, operating unit, marketing or production activity or part of it, sick, are injured, in maternity leave of absence or any other situation where the contract is suspended based on any rule law or agreement provides, provided they have served in the center object of subrogation prior to the suspension of its employment contract and who meet the minimum age established in the previous section.

C) workers who, with interim contract, replace some of the workers mentioned in the previous paragraph and until the cessation of the cause of temporariness.

D) Workers and permanent seasonal workers, with minimum period of four months in the workplace, and who have served in it.

2. There will be no subrogation any respect the employer or individual entrepreneur or partners or partners shareholders with effective control of the company, directors or managers thereof, spouses of the aforementioned and workers or workers hired as fixed or fixed discontinuous and have relationship 2nd degree of kinship through consanguinity or affinity with the above, unless otherwise agreed.

The workers not affected by corporate surrogacy will remain bound to the franchiser for all purposes.

Article 62. Formal aspects of surrogacy.

1. The main company notify the transferor the appointment of a new transferee and the date will occur in fact subrogation.

2. During following the date of communication of the main employer five business days immediately, the transferor must prove to the assignee, documentary and reliably all cases previously covered by the documents and deadlines that then relate :
Certification by negative
discovered in the General Treasury of the Social Security.

Certification negative tax authorities.

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


Photocopy of the TC-1 and TC-2 TC-2/1, contributions to Social Security over the past four months.

Staff ratio in which specifies: Name, address, number of affiliation to social security, seniority, annual gross salary, day, time, mode of recruitment, date of your holiday and specification term of office if the worker or the worker's union representative.

Workers who are in a situation of suspension of employment contract, indicating the data that the preceding paragraph a.

Photocopies of written employment contracts of staff affected by the subrogation.

Covenants or clauses signed with workers, whether individually or collectively.

Proof of having paid to all workers affected by the subrogation, the share of assets until it, not pending any amount.

In the case of outstanding holiday enjoyment, the outgoing company will report this situation to the next, settling between both the form of payment by each undertaking in the part.

The outgoing company report, if any, of the exact status of the proceedings, lawsuits, disputes and few labor issues are pending or in progress before the labor authority or which wants public bodies, both with regard to workers and active workers as those already laid off.

Risk assessment.

In the same period, the right to information and consultation of workers under Article 64 of this Agreement shall be completed.

3. On the date of the expected subrogation and once the requirements set forth in this Agreement, the transferee shall incorporate workers.

Simultaneously with its incorporation, both parties will sign the document provided for in Annex IV of this Agreement, which shall consist statement of those workers who maintain family ties or kinship to the second degree of affinity or consanguinity with the transferor employer, whether this is physical, or with partners or partners person shareholders, managers or administrators or managers of the outgoing company if it were a corporation, as well as their spouses.

If not meet the requirements, the company transferee automatically and without further formalities, will be subrogated to personnel serving in the center of activity for which the succession or replacement under the terms provided for in this chapter.

Article 63. Content of protection.

1. The provisions contemplated herein are imperative for the parties that are affected, leading company, transferor and transferee or female worker without valid any waiver of rights. No such mandatory disappear in case the transferee suspend all or part of the service.

2. The entrant shall be subrogated to the rights and obligations to workers.

3. Wage and fringe debts that could be generated by the ceding company will be satisfied by it, answering the main company jointly thereof.

4. In relation to the scope of benefits of Social Security:

A) The transferee is required to subrogate corporate obligations related to statutory schemes. Regarding complementary, and are regulated in legal or conventional rule, if appropriate payment of any of them (retirement, disability payments for survivors or any other) company to assume such payment may apply to the above companies the payment of the portion that may correspond.

B) In the case of existing debts to the Social Security wage differences discovered or generated by the ceding company, it will respond to them, without there being any liability on the part of the transferee company.

Article 64. Guarantees of representatives of workers.

The new company must respect the union security of those personnel delegates or members of the works council and union delegates affected by the subrogation until the end of the term for which they were elected.

Article 65. Rights of information and consultation.


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

The transfer some or projected date.

The reasons thereof.

Legal, economic and social consequences for workers.

The measures envisaged in relation to workers.

The nominal ratio of all workers, including those in cases of suspension of the contract, affected by corporate subrogation in detail the type of contract it.

Nominal ratio and motivated workers and excluded workers surrogacy business.

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 prior to the succession or replacement of the content business the first four points above character, plus the personal situation of the worker or workers concerned about their individual contract.

Article 66. Rehabilitation of the number of workers.

If legal standard administrative decision or removal or relocation of diners in large number (over 75%) in centers other than those in which originally received the service authorities were to arise, companies can repurpose the number of workers of the centers affected by redistribution, under the terms provided in this Agreement. So that the company Colectividades beneficiary of increased diners should increase its staff to dispense with service personnel over the other company. If as a result of the above could not relocate all staff, surpluses remain in the original company, in order to maintain in all cases the total number of employees between the two sites concerned, without prejudice to the business measures that may adopted in the existing legal framework.

Sole additional provision. Hospitality and Tourism Labour Foundation.

1. Labor Hospitality and Tourism Foundation is a joint instrument of the sector constituted by the signatories of this Agreement for the provision of services to promote vocational training, research and improving employment, promotion and development of improvement actions occupational health and safety at work, promotion and development of socio labor relations in the hospitality industry and tourism, contributing to the improvement of social dialogue at all levels of collective bargaining in the sector, and promotion overall the hospitality and tourism sector.

2. Hospitality and Tourism Education Foundation is registered in the Register of the Ministry of Employment and Social Security Labour Foundations by Order ESS / 1970/2012, dated 2 August (BOE of 19 September).

3. The scope of the Labour Hospitality and Tourism Foundation corresponds to the scope of this Agreement, which extends to Spain Hospitality sector, conformity and the terms contained in its Statutes.

4. The system of financing the Labour Foundation Hospitality and Tourism, regarding contributions, be agreed by the parties when the Supreme Court resolved the appeal filed against the judgment of the High Court of 25 July 2014 (car 103 / 2014).

First final provision. Replacement and repeal of earlier agreements.

The agreements or agreements reached at the state level in the hotel industry prior to this Agreement shall be repealed entirely and replaced by this ALEH.

Second final provision. Entry into force.

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

Madrid, 25 March in the year two thousand and fifteen.
ANNEX I

Correlation table
approved dated April 9, 1997 of the old professional categories to those contained in the current professional groups of this Agreement, both from the former ordinance work for the hospitality industry as those that might appear in lower collective agreements or specific area


A) This correlation table between those provided professional categories, both in the former Labour Ordinance Hospitality as those that might be included in collective agreements or lower specific area; and professional groups covered by this Agreement is intended, as stated in the Agreement itself in Article 18 provide entrepreneurs and workers adaptation to job classification system.

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

Lower Collective agreements or specific area affected by this Agreement must redirect the old professional categories to the various denominations of categories of the Agreement, which aims to standardize the names used tables and wage levels of different collective agreements hostelry.

The adaptation of those denominations of categories that may exist in the collective agreements of less than or specific area and not responding to any of the categories of the former Labour Ordinance Hospitality, it will be made directly by the negotiators of those, using for this reference that constitute the marked tasks in Article 17 and professional classification factors listed in Article 13 of this Agreement.
Through collective bargaining
specific or below this Agreement shall be fixed wage level, may establish such salary levels deemed appropriate, according to their professional structure and assessment of the various tasks, as set out in 12.5 same.
First Functional Area


Reception-Concierge, Public Relations, Administration and Management




Extinct Labour Ordinance Hotels and other categories





Occupations and jobs of ALEH





Professional group






Head of reception.





Head / reception.





1st






Second head of reception.





2nd Head / reception.





1st






-





Head / commercial.





1st






General accounting.

Head first.

Chief second.





Head / to administration.





1st






First day custodian.

Second day custodian.





First / a concierge.





1st






Receptionist.

Cashier (1st and 2nd Sections).





Receptionist.





2nd






Concierge noche.Conserje (Section 8 th).





Concierge.





2nd






Fork customer accounts.

Controller.

Accountant.

1st Officer

Officer 2nd

Facturista.

Cashier (6th Section).





Administrative / a.





2nd






-





Public relations.





2nd






-





Commercial.





2nd






-





Technical / prevention of occupational risks.





2nd






Assistant reception.

Assistant concierge.

Assistant concierge.

Interpreter.

Telephonist 1st and 2nd





Assistant / reception and / or janitorial

Telephonist.





2nd

2nd






Accounting officer.

Office Assistant and accounting.

Assistant box.





Assistant / Clerical.





2nd






Goalie.

Car goalkeeper.

Goalkeeper hall.

Goalkeeper access.


Porter services.

Night watchman.

Ordinance lounge.

Elevator.

Buttons.

Debt collector.

Taquillero.

Apprentice reception and accounting.

Porter for the interior.

Office Assistant.

Candidate.





Auxiliary reception and concierge.





3rd




Second Functional Area

Kitchen and Commissary





Extinct Labour Ordinance Hotels and other categories





Occupations and jobs of ALEH





Professional group






Chef.





Head / a kitchen.





1st






2nd Chef.





2nd Head / a kitchen.





1st






-





Head / a catering.





1st






Head of departure.





Chief / a departure.





2nd






Chef.





Cook / a.





2nd






Pastry chef.

Official Repostero.





Confectioner / a.





2nd






Commissary manager and cellar.

Grocer.

Storekeeper.





Manager / a commissary.





2nd






Chef's assistant.

Assistant pastry chef.

Cafetero.





Assistant / a kitchen.





2nd






Assistant Commissary and cellar.

Storekeeper.





Assistant / a commissary.





2nd






Marmitón.

Scullion.

Assistant coffee.

Fregador.

Fregador manager.

Personal silversmith.

Apprentice cook.





Auxiliary kitchen / commissary.





3rd




Third Functional Area


Restaurant, Lounge, Bar and Allied Communities and track for Catering




Extinct Labour Ordinance Hotels and other categories





Occupations and jobs of ALEH





Professional group






Maître.

Head waiter or headwaiter.

1st counter manager.

1st charge.

First maitre.





Head / a restaurant or room.





1st






2nd maitre.

Officer 2nd counter.

2nd charge.

Second maitre.

Second floor manager.

Butler floors.





2nd Head / a restaurant or room.





1st






Chief operating officer.





Head / catering operations.





1st






-





Center manager.





1st






Sector boss.





Chief / a sector.





2nd






Waiter.

1st dependent

Dependent.

Dining cashier.

Flats waiter.

Planchista.





Camarero / a.





2nd






Bartender.

2nd Barman.





Barman / Barwoman.





2nd






Sommelier.





Sommelier / a.





2nd






Head of catering hall.





Head / a catering hall.





2nd






Supervisor.

Assistant supervisor.






Supervisor / a catering.





2nd






Supervisor communities.





Supervisor / a communities.





2nd






-





Supervisor / a modern restoration.





2nd






Busboy.

Assistant.

planchista assistant.

Assistant barman.

Assistant dependent.

Dependent second.

Dependent.

Assistant floors.

Apprentice.

Apprentice waiter.





Assistant / a waiter / a.





3rd






Preparer.





Preparer / a mounter / a catering.





2nd






-





Driver / a catering team.





2nd






Assistant team.





Assistant catering equipment.





3rd






-





Preparer / a modern restoration.





2nd






-





Monitor / herself or caregiver / a communities.





3rd






-





Assistant communities.





3rd






Assistant preparation.





Assistant coach / setter catering.





3rd






-





Assistant modern restoration.





3rd




Fourth Functional Area

Flats and Cleaning





Extinct Labour Ordinance Hotels and other categories





Occupations and jobs of ALEH





Professional group






General or governess in charge first.





Ruler / ao Manager / general.





1st






Governess second.

Lingerie charge.

Lingerie charge or laundry.





Subgobernante / ao Manager / a section.





1st






Lencera.

Maid.

Laundress, seamstress, Lavandera and Zurcidora.





Camarero / a floors.





2nd






Cleaning staff.

Cleaner.

Mozo room.

Valet laundry.





Auxiliary and cleaning floors.





3rd






Fifth Functional Area
Services
maintenance and ancillary services



Extinct Labour Ordinance Hotels and other categories





Occupations and jobs of ALEH





Professional group






-





Head / a catering service.





1st






Manager jobs.





Manager / maintenance and ancillary services and charge / maintenance and technical services catering; or fleet; or facilities and buildings.





1st






Chamber manager.





Manager / a section.





2nd






Mechanical or heater.

Cabinetmaker.

Carpenter.

Electrical technician.

Builder.

Painter.

Driver.

Plumber.

Gardener.





Specialist maintenance and support services and specialist catering maintenance and technical services (fleet and facilities and buildings).





2nd






Assistant Mechanical or heater.

Assistant.


Assistant cabinetmaker, carpenter, electrician, bricklayer and painter.

Mozo pool or rec room.

Save the outside.





Assistant maintenance and ancillary services.





3rd




Sixth

Functional Area Additional services





Extinct Labour Ordinance Hotels and other categories





Occupations and jobs of ALEH





Professional group






Area ups.





Responsible service.





1st






Service (physiotherapist, dietitian and other graduates in Health Sciences).





2nd






Specialist service (aider or first aid specialist, animator / a tourist or leisure, monitor / a Sports / a, disc jockey, masseuse, masseur, beautician, spa or spa specialist, and specialist hydrotherapist customer).





2nd






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





3rd




ANNEX II

Template
diagnosis of the situation of equality between women and men in hospitality companies

This template shall be established by workplace as well as on a global basis for the whole company.

A) Number of staff employed in the workplace or enterprise:





Prior year





Number of women





Number of men


















B) Distribution of staff by age:





Prior year






Age groups




Number of women





Number of men






Less than 19 years.


















19 to 30 years.


















From 31 to 45 years.


















From 46 to 55 years.


















From 56 to 60 years.


















61 to 65 years.


















Over 65s.

















C) Distribution of staff by type of contract:




Standard contract template






Prior year





women





men






Fixed full time.


















Fixed part time.


















Discontinuous fixed full time.


















Discontinuous fixed part time.


















Temporary full time.


















Temporary part-time.


















Other contractual arrangements.

















D) Number of people who have joined the company as the contractual access mode:




Nature of the employment contract






Prior year





women






men






Fixed undefined.


















A particular time or temporary.

















E) Number of persons that have ceased the causes or reasons detailed by company:




Cause or reason






Prior year





women





men






End temporary contract.


















Resignation of the worker.


















Not exceed the trial period.


















Dismissal.


















Retirement.


















Incapacity or disability.


















Others.

















F) Number of persons with temporary contracts:




Type of contract






Prior year





women





men






For work or services.


















Eventual production circumstances.


















Temporariness.


















Relay early retirement or replacement.


















Provision (ETT).


















Practices.


















Training.


















Others.

















G) Number of conversions of temporary contracts into permanent (regular or fixed fixed discontinuous):




Type of contract






Prior year





women





men






For work or services.


















Eventual production circumstances.


















Temporariness.


















Relay early retirement or replacement.


















Provision (ETT).


















Practices.


















Training.


















Others.

















H) Number of persons by functional areas:




Functional Area






Prior year





women





men






first area (Reception-Concierge, Public Relations, Administration and Management).



















Second area (Kitchen and Commissary).


















third (; and Tennis for Catering Restaurant, Lounge, Bar and Similar) area.


















Fourth area (Flats and Cleaning).


















fifth (Maintenance and Ancillary Services) area.


















Sixth area (support services).

















I) Number of persons by professional groups (if any, may be performed by professional category):




Functional areas





professional groups






Prior year





women





men






first





1st


















2nd


















3rd


















second





1st


















2nd


















3rd


















third





1st


















2nd


















3rd


















fourth





1st


















2nd


















3rd


















fifth





1st


















2nd


















3rd


















sixth





1st


















2nd


















3rd

















J) Number of people promoted or advertised professionally:




previous year or previous years





women





men


















K) Number of beneficiaries of training activities:




previous year or previous years





women





men


















L) Number of people according to their workday:




Type of day






Prior year





women





men






starting or fractional day.



















continuous working day.

















M) Number of people who have adapted or reduced their hours, or leave suspended its contract, legal guardian of minor child, or other family reasons:




causes






Prior year





women





men






Leave.


















legal guardian of minor child.


















Other family reasons.

















N) Number of days of absence:




causes






Prior year





women





men






common illness and non-work accident.


















Accident and occupational disease.


















Maternity or paternity.


















Adoption or foster care.


















Paid leave.


















Other absences.

















O) average monthly remuneration:




previous year or previous years





women





men


















Have taken all remuneration received in the year, dividing by the number of days spent by the employee or worker, to multiply by 30 days. Added the amounts of all workers on the one hand, and the other workers, are divided by the number of them and they give the average monthly salary by sex.

O) Situations harassment and harassment on grounds of sex:




previous year or previous years





women





men


















This section must be completed only in cases concur final judicial decision which recognized the situations of sexual harassment or harassment based on sex.

P) Number of representatives in unit and union bodies:




previous year or previous years





women





men


















Q) Number of people with senior management contract:




previous year or previous years





women





men


















EVALUATION, comments and observations:

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

Date and signature (company)
ANNEX III


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

I. The company expresses its concern and commitment to preventing and solving cases of sexual harassment and harassment on grounds of sex, and for that purpose expresses its hope that all staff are treated with dignity, not allowing or tolerating sexual harassment or harassment on grounds of sex at work.


II. Constitutes sexual harassment the situation where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile environment is created, degrading, humiliating or offensive. It is understood by gender harassment is any behavior depending on the sex of a person, with the purpose or effect of violating their dignity and creating an intimidating, degrading or offensive environment.

III. All people have a responsibility to help create a work environment in which dignity. Meanwhile, people in charge of each department must ensure that sexual harassment or harassment does not occur on grounds of sex in the areas under their responsibility.

IV. All staff have the right to lodge a complaint if sexual harassment or harassment occurs on grounds of sex, which will be dealt with seriously, expeditiously and confidentiality. These must contain a description of the incidents and should be addressed, at the choice of the person concerned, a responsible personnel department or person of the company, under the terms established in Article 51 of the tenth chapter of this Agreement.

V. Article 40.12 of ALEH provides that it is very serious, punishable -a option of the company- suspended without pay for 16 to 60 days disciplinary dismissal or absence, "any behavior or conduct in the workplace, which violates the respect for privacy and dignity of the woman or man by the offense, physical or verbal, sexual. If such conduct is carried out taking advantage of a hierarchical position will be an aggravating circumstance thereof. "

In cases where a person incurs in conduct constituting sexual harassment or harassment on grounds of sex shall be punished under the precept has stated.
ANNEX IV


Subsector of social communities and restoration succession and business document subrogation

Pursuant to the provisions of Article 62.3 of the tenth chapter of this Agreement, the transferor, within five working days from the date of communication of the parent company on the appointment of a new concessionary undertaking, will delivery of this document to the transferee with a copy to the parent company and the unit and union representatives of workers of the transferor and transferee companies, with the following information and documents that relate:

1. principal or client company name and address.

2. transferor company name and address.

3. transferee company name and address.

4. Date of surrogacy business day, month and year.

5. negative certification discovered in the General Treasury of the Social Security, attached as document number 1.

6. negative certification of the tax authorities, which is attached as document number 2.

7. Photocopy of the last four monthly salaries of workers affected, which through pooling attached as document number 3.

8. Photocopy of the TC-1 and TC-2 TC-2/1, contributions to Social Security for the last four months, which through pooling attached as document number 4.

9. Staff ratio, which specifies:

A) Name, address, number of affiliation to social security, seniority, annual gross salary, day, time, mode of recruitment, date of your holiday and specification of the term of office if the worker or the worker's union representative.

B) workers who are in a situation of suspension of employment contract, indicating the data that the preceding paragraph a.

10. Photocopies of written employment contracts of the staff concerned by the subrogation, which through pooling attached as document number 5.

11. Covenants or clauses signed with workers, whether individual or collective, which through pooling attached as document number 6.

12. Proof of having paid to all workers affected by the subrogation, the share of assets until it, not pending any amount; which is attached as document number 7.

13. Periods vacation enjoyment outstanding staff (detail for days and worker / a).


14. exact status of the proceedings, lawsuits, disputes and few labor issues are pending or in progress before the labor authority or which wants public bodies, both with regard to workers active as those already laid off (specify numbers records, procedures and judicial or administrative body who knows the issues).

15. Ratio of workers to maintain family ties or kinship to the second degree of affinity or consanguinity with the employer or assignor entrepreneur, whether this is physical, or with partners or partners person shareholders, directors or managers or company managers outgoing if it were a legal person, as well as their spouses (specify name, ID or NIE number and degree of kinship).

16. Risks evaluation.

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

I received the representative of the main company or client.

I received the representative of the new transferee.

I received the unit and union representations of the transferor and the transferee.
ANNEX V


Regulations of the Equality Commission of the State Labour Agreement for the Hospitality Sector

On 24 July 2008 he joined the State Labour Agreement III level for the hospitality industry (ALEH III) a new chapter on effective equality of women and men, in which Article 3 was formed, within of the Joint Committee, the Equality Commission in the state sector level of Hospitality, which is provided hereto internal operation.

In this chapter the principle of equality is collected and the prohibition of discrimination is regulated on grounds of sex in the workplace and also with the intention of facilitating compliance with the obligation to development and implementation of equality plans in companies, rules and criteria are provided to companies to establish in its scope an equality plan when they are required to do so or voluntarily so choose.

Rule 1. Membership of the Commission on Equality State Hospitality industry.

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

Two representatives for SMC-UGT.
Two representatives from CCOO
Services.

Two representatives by FEHR.

Two representatives by CEHAT.

Article 2. Appointment of members of the Commission on Equality State Hospitality industry.

Each signatory trade union and business organization ALEH designate representatives who will join the Commission on Equality State Hospitality industry. The designation must be minimized lies with a woman and a man, in order to promote a balanced and equal representation of women and men within it.

The appointment, removal and replacement of representatives from each organization will be free and not subject to further requirement that the notification to that effect to the Commission on Equality State Hospitality industry.

Article 3. Address of the Equality Commission.

The address of the Equality Commission is the same of the Joint Committee of ALEH, in each of the headquarters of the signatory organizations and trade unions of the same.
It
also enabled for notification purposes to facilitate the development of the Equality Commission the following email 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 Commission on Equality State Hospitality industry.

The mandate of the Presidency and the Secretariat coincide with the calendar year, it renewed every year so that if the presidency is held by a union representative, the Secretariat will occupy business representative, and vice versa.

The criteria and allocation of the match the Joint Committee on the ALEH force.

The Presidency and the Secretariat will rotate every year between each of the business and union representatives, so that all of them, through their representatives in the Commission, regularly bearing the aforementioned charges.

Article 5. Call sessions of the Commission on Equality.

With ordinary character a quarterly meeting will be held.

Exceptionally a request to the Presidency at least four members of the Commission. The session will be held in this case in the term of fifteen working days.

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


In the meetings held the Minutes shall be kept, in which shall record the agreements reached and if the positions of the parties.

If unable to attend the meetings, members of the Commission may be represented by another member of the same, by writing to the Presidency. It may also be replaced by another person who is a member of the Joint Committee of ALEH their own organization.

Agreements the Commission adopted by unanimous vote of its members, must be ratified by the Joint Committee of ALEH, acquiring force and effect when such ratification occurs.

Members of the Equality Commission, as well as counselors and advisers involved, respect the confidentiality of matters discussed at meetings and documentation and data submitted by the parties. In any case, any document submitted by the parties to the Commission, may be used outside the strict scope of it or for purposes other than those for which they were delivered.

Article 7. Functions of the Equality Commission.

The functions of the Equality Commission, specifically assume and exercise the powers of the Joint Committee of ALEH on matters related to equality of women and men in the workplace.

To monitor the implementation of equality measures provided for in ALEH force, as well as I could have in collective agreements and lower-level equality plans in companies in the hotel sector. For this purpose he may request information on the negotiating parties of the agreements referred to, as well as business regarding equality plans. An annual report in which the balance of the monitoring will be held collect,

Monitoring the negotiation and implementation of equality plans in companies. To this end it may obtain a copy of the plan of equality of each company as well as application information.

Report on the rights and obligations concerning equality, as well as development and implementation of measures and equality plans, companies and legal representatives of workers who request it through some of the signatory organizations and trade unions the ALEH.

Prepare studies on issues related to equal treatment and opportunities for women and men in the sector, seeking grants for that purpose by public authorities.

Propose new measures on equal treatment and opportunities for women and men, for inclusion by the Negotiating Committee on the content of ALEH.

Seek from the government building measures to promote the voluntary adoption of equality plans, especially in small and medium-sized companies in the hotel sector.

Report and disclose to that of many initiatives and measures taken to that end sector within the Equality Commission, and organize related to equal treatment and opportunities between women and men in the Hospitality industry when deemed necessary days by this Commission, seeking grants for that purpose by public authorities.

In the event of discrepancies occur in negotiating the plan of equality revistieran nature of conflict, you can go to the Equality Commission in order to facilitate their mediation. Exhausted the intervention of the Equality Commission, either party may request alternative dispute resolution procedures before the Interconfederal Service Mediation and Arbitration (SIMA) or services area of ​​Autonomous Community competent in these matters.

Article 8. Adaptation and modification of the Regulation.

This Regulation shall be adapted and modified a proposal from any of the business representatives and union components of the Equality Commission, and by the unanimous agreement of the same.