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Resolution Of 23 April 2015, Of The Directorate-General Of Employment, That Is Recorded And Published The Agreement Of Modification Of The 15Th Collective Of Eleven And His Staff.

Original Language Title: Resolución de 23 de abril de 2015, de la Dirección General de Empleo, por la que se registra y publica el Acuerdo de modificación del XV Convenio colectivo de ONCE y su personal.

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TEXT

Having regard to the text of the agreement amending the XV collective agreement of the ONCE company and its staff (Convention Code No.: 90003912011984) which was signed dated February 19, 2015 by a party appointed by the the management of the company in its representation and of the other by the union section of UGT on behalf of the employees, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Staff Regulations, recast adopted by Royal Decree-Law 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May 2010 on the registration and deposit of collective labour agreements and agreements,

This Employment General Address resolves:

First.

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

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, April 23, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

AGREEMENT OF THE NEGOTIATING COMMISSION OF THE XV COLLECTIVE AGREEMENT OF THE ELEVEN AND ITS STAFF

In Madrid, on 19 February 2015, at the premises of the Directorate General of the ONCE, c/Prado, 24, the representations of the Company and of the workers, constituted in the Negotiating Commission of the XV Collective Convention of the ONCE and its staff, convened for these purposes, in accordance with Article 88 of the Staff Regulations.

The ONCE and the UGT union adopt by a majority the modifications that are detailed on the text of the XV Collective Convention of the ONCE and its staff, indicating then the modified articles with their new wording:

" Article 42. Basic definition and characteristics.

1. The selling agent is an employed worker of a common employment status, whose definitions of professional and job group are contained in Article 10 and in Annex 1 to this Convention.

2. The selling agents shall be used to sell the game products and other products which the ONCE generates, to facilitate or to deliver to the public, in the places, times, conditions and with the use of the means which are given to them. assign, according to the guidelines marked by the ONCE's dependency to which they are attached.

The activity of the selling agents will be developed daily, with the utmost diligence. They shall at least achieve the minimum selling in euro as set out in Article 47 of this Convention.

Article 44. Remuneration structure.

1. The remuneration structure of the selling agents is exclusively constituted by the following concepts:

a) Base salary: Worker's remuneration per unit of time.

b) Antiquity consolidated. It shall be governed by the provisions of Article 63 of this Convention.

c) Commissions for sale: Remuneration received by the seller, on an annual basis, when the actual sale of the game products is made and for the holidays enjoyed in the conditions provided for in the articles 46, 46a, 46b and 46c.

d) Route Plus: Retributs the displacements made by the route-selling agents in the normal performance of their work.

e) Prima for participation in results of the sale of gaming products by other channels.

2. For the purposes of Article 26.3 of the Workers ' Statute, it is established that the commissions and the route plus referred to in this Article and the following are not consolidable.

3. In the case of justified absences and paid leave and licences under this Convention, the selling agents shall receive the basic salary, consolidated seniority and, where applicable, the plus of the route. This shall be without prejudice to the payment of the fees due in the event that such permits and licences do not cover the entire working day, in accordance with the provisions of Article 46.

Article 46. Annual fees for sale.

1. Each selling agent will receive commissions for sale, depending on the sales days and the holidays enjoyed, considering all the products of the periodic character set of the coupon and active game and all instant lottery products effectively sold by the seller agent in the year. Only products of an extraordinary or promoted nature shall be provided, where appropriate, in accordance with the provisions of Article 50 of the Convention.

The total amount to be collected by the selling agents in the sales commissions will be reduced in annual terms. The accrual and settlement period shall coincide with the calendar year. However, a payment on the basis of the final commission shall be carried out on each monthly payroll.

2. The sales commission calculation system is based on the sales days made by each seller over the course of the year.

3. The Minimum Sale payable to each seller is the result of multiplying EUR 210 by the number of days spent in the calendar year.

4. A Sales Threshold is established for each seller, which is obtained by multiplying EUR 142 by the number of sales days made in the calendar year.

5. The selling agent shall be entitled to the collection of an annual fee for sale, if the sales of the products referred to in point 1 of this Article are, in the calendar year, greater than or equal to the Minimum Sale referred to in point 3. Sellers who have annual sales of less than their Minimum Sale will not be entitled to receive this annual fee.

6. Sales of ONCE gaming products differ in two types:

a. Sales of products with a high percentage of prizes: sales of the periodic products of the coupon and active game and of the instant lottery products, the percentage of theoretical prizes established in the corresponding regulatory regulation greater than or equal to 60%.

b. Sales of other products: correspond to the sales of the periodic products of the coupon and active game and of the instant lottery products, not included in the previous section.

7. The following table of commissions (sales data in euro) will be applied:

Percentage of commission applicable to sales of other

N × 210

sale greater than or equal to

Lower annual sale of

Percentage of commission

N × 210

N × 260

2.0

2.5

N × 260

N × 310

5.0

× 310

N × 360

8.5

10,0

N × 360

N × 410

11.5

13.0

× 410

N × 460

12.0

14.0

× 460

N × 510

12.5

15.0

N × 510

N × 610

13.0

16.0

× 610

14.0

Being N the number of sales days made by the seller in the calendar year.

8. The seller agent's annual fee is obtained as follows:

a. On the basis of the number of days of sale carried out in the calendar year and the sales of the selling agent in the periodic products of the coupon and active game and in the instant lottery products, it will be determined in which section of the table The seller agent is found at the end of the year.

b. The annual sales commission of the products with a high percentage of prizes is obtained by applying the percentage of commission of the tranche corresponding to the annual sales of these products.

c. The annual sales commission of the other products is obtained by applying the percentage of the commission of the tranche corresponding to the difference resulting from subtracting the annual sales of those products from the sales threshold calculated in accordance with point 4. of this article.

d. The total amount of the annual fees of the selling agent shall be the sum of the fees referred to in points (b) and (c) above.

9. For sellers with less than full working hours (40 hours per week), the following criteria will be observed:

a. Selling agents selling 8-hour days but less than 5 days per week: The system described will be applied in its entirety, with only the effective days of sale.

b. Vendors selling in daily days less than 8 hours: A Minimum of Sale will be applied, a Threshold of Sale, and some sections of the Table of commissions proportional to the reduced duration of their days. This rule shall not apply to those selling agents with night time who have reduced their working time by virtue of the provisions of Article 31.9.

10. Those days in which no effective work is provided (for example, because the agent is a seller of a temporary disability or maternity leave, or enjoying any of the permits, licenses and leave of absence established in this Convention or in the application legal regulations), they will not compute to obtain the Minimum of Sale, the Threshold of Sale and the Table of commissions.

11. In case of an accident during the work activity, the day used in the calculations of the Minimum of Sale, Sales Threshold and Board of Commissions, will be proportional to the number of hours worked.

12. In those cases where, during the course of the day of sale, there is a paid leave or leave of absence, the selling agent has made any sale, and provided that the licence or licence is of a duration equal to or greater than 50% of the A day is applied proportional to the time worked, for the calculation of the Minimum of Sale, Threshold of Sale and Table of commissions.

Article 46a. Commission for holidays.

1. In the months in which the selling agent has a holiday, the selling agent shall be entitled to receive a "daily holiday commission" for each holiday he has enjoyed.

2. The calculation of the "daily commission for holidays" shall be carried out in each month with holiday days, adding the commissions for sale received by the selling agent in the previous twelve months, dividing the sum by the total number of days The theoretical and practical work of the European Commission. For these purposes, the fees calculated in accordance with Article 46b (1) (a) shall be taken into account.

3. The payment of the fees for holidays shall be carried out on a monthly basis, in accordance with Article 46b.

Article 46b. Monthly payments on account of commissions.

1. A payment on behalf of the annual sales commission shall be carried out on each monthly payroll. Such payment on account shall be calculated as follows:

(a) The monthly sales and sales days to which the rules laid down in Article 46 apply, but taking into account the values obtained in the reference month shall be taken into account.

(b) On the other hand, the days of holidays enjoyed, where appropriate, shall be considered to apply the calculation defined in Article 46a.

c) The monthly theoretical commission of the seller will be calculated in the month, as the sum of the amounts calculated by the two previous concepts.

2. Once the value of the monthly theoretical commission has been obtained, the amount of the payment on account shall be made up of ninety per cent of the monthly theoretical commission referred to in this article.

Article 46c. Annual settlement of commissions.

1. For the purposes of calculating the annual settlement of the fees, the annual fee, as provided for in Article 46, shall be deducted from the monthly payments to account received by the selling agent referred to in Article 46b.

2. In the event that the sum of the monthly payments to account made during the year is less than the annual fee, the selling agent shall be entitled to receive such a difference.

3. In the event that the sum of the monthly payments to account made during the year is greater than the annual fee, no settlement shall be made.

4. The annual settlement of the fees shall be paid in the month of January of the following year.

Article 47. Minimum of compulsory sale.

The Minimum of Sale whose compliance will be payable to the sellers agents, for all products of periodic character of the coupon and active game modalities and for all the instant lottery products, will be responsible with that laid down in Article 46 (3), applying, where appropriate, the provisions laid down in points 9, 10, 11 and 12 of that Article 46.

Article 49. Participation in results of the sale of gaming products by other channels.

1. In those natural quarters in which sales of ONCE gambling products by different sales channels of the sales agent channel are higher than 15 million euro, the ONCE will pay the sales agents to comply with the the conditions set out in point 3 of this Article a 'quarterly premium for participation in sales of other channels', as provided for in this Article.

2. The "total quarterly premium for participation in sales of other channels" for the set of sellers shall be calculated as follows:

• Quarterly sales of other channels will be divided into tranches.

• Each sales stretch will be applied to the following table:

Sale greater than or equal to

Minor quarterly sale of

Percentage applicable

15,000,000

25,000,000

2.0

25,000,000

40,000,000

40,000,000

1.0

• The "total quarterly premium for participation in sales of other channels" shall be the sum of the premium for each of the tranches.

3. The "total quarterly premium for participation in sales of other channels" will be distributed linearly among those sellers who have in the calendar quarter a sale of gaming products of more than fifteen thousand euros.

For the purpose of the absence of holidays not having a negative impact on the amount of this premium, the sales figure required in the preceding paragraph shall be reduced proportionally during the holiday period, applying the percentage of holiday days on the theoretical days of each seller.

4. The "quarterly premium for participation in sales of other channels" shall be paid in the month following the last month of the calendar quarter and shall be non-consolidated.

Article 50. Extraordinary character set products and game products promoted.

1. Any extraordinary game product that the ONCE commercializes must be sold by the selling agents, in the period and conditions (including commissions) that the Negotiating Commission determines.

2. The sale of these products will not count for the calculation of the commissions for extraordinary sales and pay, except for a pact to the contrary in the Negotiating Commission. Nor shall it be computable for the cases of absences and paid leave or for allowances for temporary incapacity or maternity benefits, if any.

3. Products to which, for commercial, strategic and/or logistical reasons, are to be applied, for a given period of time, shall be considered as promotional products for which the remuneration conditions other than those laid down in Article 46. The ONCE may determine, at any time, the game products that will have the status of promotion, as well as the period of validity of the promotion. The remuneration of the game products promoted shall be those that the Negotiating Commission determines.

Article 56. Functional salary supplements.

These add-ons are not consolidable, and will only be collected as long as the non-seller effectively develops the activity that entitles them.

Workers who regularly develop the activities that entitle them to these allowances will receive their amount during their holidays. The same criterion shall apply to the supplements provided for in paragraph 5. of the Fourth Transitional Provision of this Convention.

1. Departure day.

This is the functional salary supplement to be collected by employees who continue to provide their services at any centre of the ONCE on a working day basis.

If the work is not carried out on a working day basis throughout the month, or all week, the worker shall receive the amount in proportion to the days of its actual performance.

This holiday supplement will be collected by those workers who develop their work in a normal way on a working day basis, and in the same proportion as they did.

A day of departure shall mean an uninterrupted break of at least one hour's duration.

The amount of the supplement per day is fixed at 250 euros/month.

2. Shift work.

For work done on alternate or rotating shifts or in the form of a shift to cover the needs of the service that arise or arise, a functional salary supplement shall be entitled.

The amount of the supplement per shift work is set at 179.94 euros/month.

3. Night work.

For the work done at night, from 22 to 6 hours, the non-sellers will be entitled, if it is made sporadically, to the receipt of a functional complement, consisting of a plus of 50 per (a) the price of the ordinary hour, calculated on the basis of the functional post which they actually carry out, complement of scale, where appropriate, and consolidated seniority.

It will become due in proportion to the number of hours worked in the aforementioned night time period.

No such plus shall be applied in any case where the salary has been established on the basis of the fact that the work is night by its very nature, having taken into account such a circumstance when setting the salary.

4. Work on non-working days.

It is the functional complement that will be collected by those non-sellers who, for the needs of the company, in a circumstantial way, and outside their ordinary day, must provide services on Saturdays, Sundays and holidays.

By this supplement you will be entitled to the receipt of 60% of the price of the ordinary hour, calculated on the base salary of the functional position that effectively develops, complement of scale, in your case, and antiquity The same time of rest must be recovered in the following four months. The 60% supplement may be replaced, by agreement between the worker and the Centre's Directorate, with compensation in free time in the same proportion.

5. Closing sales on Saturdays, Sundays, and holidays.

This is the functional complement to be collected by non-sellers who, by appointment of the Head of Center, are part of the sales closing teams regulated in Article 25 of this Convention.

Your amount will be EUR 36.06 for each day you carry out these tasks.

Article 60. Wage revision.

During the duration of this agreement, if for two consecutive years there is operating profit (with adjusted prizes), the Negotiating Commission of the Collective Agreement will meet to assess whether such a benefit has a recurrent character, is significant, and if it is derived from the normal operations of the ONCE or exceptional facts; and based on the conclusions of that analysis, the revision of the base salary and the remuneration and table concepts may be agreed upon. and the scope of the review, without in any case such a review affect the base salary and other remuneration concepts from previous years.

In the event that such revision is agreed, the Minimum of Sale, the Sales Threshold and the sections of the Board of Commissions will be increased, if any, under the same conditions as the base salary increases, in the agreed by the Negotiating Committee of the Convention.

Article 67. Graduation.

The disciplinary faults of the workers, committed on occasion or as a result of their work, may be in the attention of their importance, recidivism, reiteration or intentionality: mild, severe or very serious.

...

c. They will be very serious fouls:

...

c.8) Where the continued and voluntary decline in the performance of normal or agreed work is sufficiently credited, as well as the systematic sale below the Minimum of Sale set out in Article 47 during a period of two consecutive months.

Transient disposition fifth.

During the year 2015 the calculation of the Minimum of Sale, of the Threshold of Sale, and of the commissions referred to in Articles 46, 46a, 46b and 46c shall be carried out considering as natural year the period from 1 of April and 31 December 2015, both included.

ANNEX 1

Functional definitions-new creation positions

Seller Personal Group

Level 1 Seller Agent.

The selling agents will be used to sell the products that the ONCE determines in the places, times, conditions, and with the use of the means assigned to them. Their activity will be carried out on a daily basis, with the utmost diligence, and they will have to achieve at least the Minimum of Sale in Euros set out in the Collective Agreement.

Make the promotion and sale of all products that the ONCE determines in any of its supports using appropriate commercial techniques. They carry out the liquidation of the same, as well as the return of the unsold, in the form and place that the ONCE tells them, making the necessary displacements, both for these processes and for the own exercise of the sale ".

Jorge Iniguez Villanueva, (ONCE). -Diego Sayago Sanchez, (UGT). -Rafael Herranz Castillo (Secretary).