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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5109

Seen the text of the agreement of modification of the XV Convention collective of it company ELEVEN and his personal (code Convention No.: 90003912011984) that was subscribed with date 19 of February of 2015 of a part by them designated by the address of the company in its representation and of another by the section Union of UGT in representation of them workers , and of conformity with it willing in the article 90, paragraphs 2 and 3, of the law of the Statute of the workers, text consolidated approved by Real Decree legislative 1 / 1995, of 24 of March, and in the Real Decree 713 / 2010, of 28 of mayo, on registration and deposit of conventions and agreements collective of work, this address General of employment resolves : First.

Order the registration of the agreement in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.

Second.

Have your publication in the «Bulletin official of the State».

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

AGREEMENT OF THE COMMISSION NEGOTIATING THE 15TH CONVENTION COLLECTIVE DE LA ONCE and HIS STAFF in Madrid, 19 February 2015, on the premises of the General direction of the ELEVEN, c / Prado, 24, and representations of company workers, incorporated in Commission negotiating the 15TH Convention collective of ONCE and its staff meet , convened to these effects, of compliance with the article 88 of the Statute of the workers.

The ELEVEN and the Trade Union UGT adopt by majority amendments listed on the text of the collective Convention XV of ONCE and its staff, stating then modified with his new writing articles: «article 42. Definition and basic characteristics.

1. the agent vendor is a self-employed of common labour regime, whose professional group and job definitions are contained in article 10 and in annex 1 of this Convention.

2. them agents sellers will exert it sale of them products of game and of others products that it ELEVEN generate, les facilitates or deliver for its marketing to the public, in them places, schedules, conditions and with it use of them media that is les assigned, according to them guidelines marked by the dependency of the ELEVEN to which are attached.

The activity of the agents sellers will take place daily, with maximum diligence. Have of reaching at least the minimum of sale in euros fixed in the article 47 of this Convention.

Article 44. Remuneration structure.

1 the remuneration structure of agents sellers is exclusively made up of the following concepts: to) wage base: remuneration of the worker per unit of time.

(b) consolidated seniority. It shall be governed by the provisions of article 63 of the Convention.

(c) commissions by sale: remuneration perceived by the seller, with character annual, to the make it sale effective of them products of game and by them days of vacation much enjoyed in the conditions planned in them articles 46, 46 bis, 46 ter and 46 quater.

(d) route plus: rewards movements made by the agents sellers of route in the normal performance of their jobs.

(e) premium for participation in results from the sale of products of the game by other channels.

2. for the purposes of article 26.3 of the Statute of workers, says that the commissions and the route plus included in this article, following are not consolidated.

3. in those cases of absences justified and permissions and licenses paid according to the present Convention, them agents sellers will receive the wage base, antique consolidated and, in its case, the plus of route. This is without prejudice to the payment of commissions earned in the case that such permits and licenses do not occupy them all of the daily working time, in accordance with the expressed thing in article 46.

Article 46. Annual fees for sale.

1. each seller shall receive commissions for sale, depending on the days of sale made and taken vacation days, whereas all the periodic nature of the modalities gaming products coupon and active play and all instant lottery products actually sold by the agent vendor in the year. Only will come out of this calculation, in his case, those products of character extraordinary or promoted, in accordance with it willing in the article 50 of the Convention.

The total amount to receive agents sellers in fees on sales accrues on an annual basis. The period of accrual and payment will coincide with the calendar year. However, in each monthly payroll be practiced, if applicable, a payment on account of the final Commission.

2. the calculation of Sales Commission system is based on the days of sale made by each seller throughout the year.

3. the minimum of sale due to each seller is the resulting of multiply 210 euros by the number of days carried out in the year natural.

4 sets a threshold of sales for each salesperson, which is obtained by multiplying 142 euros for the number of selling days in the calendar year.

5. the agent vendor is entitled to the payment of a fee per sale, if the sales of the products referred to in paragraph 1 of this article are, in the calendar year, greater or equal to the minimum of sale referred to in point 3. Sellers having annual sales less than its minimum of sale is not entitled to receive this annual Commission.

6. sales of the ELEVEN game products differ in two types: a. sales of products with high percentage of awards: sales of regular products the coupon and active play and instant lottery products, whose theoretical percentage of prizes established in the corresponding regulatory regulation is greater than or equal to 60%.

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

7 shall apply the following table of commissions (data sales in euros): annual sales greater than or equal to annual sales less than Commission percentage applicable to sales of products with high percentage of awards Commission percentage applicable to sales of other products N 210 N × 260 × 2.0 2.5 N × 260 N × 310 5.0 6.0 N × 310 N × 360 8.5 10.0 N × N 360 × 410 11.5 13.0 N × N 410 × 460 12.0 14.0 N × 460 N × 510 12.5 15.0 n × N 510 × 610 13.0 16.0 N × 610 14.0 17.5 where N is the number of days of sales made by the seller in the calendar year.

8. the Commission annual of the agent seller is obtained of the following form: to. based on the number of days of sale made in the year natural and to them sales of the agent seller in them products periodic of them modalities coupon and game active and in them products of lottery instant, is will determine in what section of the table is is said agent seller to the end the year.

b. the annual Commission on sales of products with high percentage of awards is obtained by applying the percentage of Commission from the section corresponding to the annual sales of such products.

c. the annual Commission on the sales of other products is obtained by applying the percentage of Commission from the section corresponding to the resulting difference of subtracting the annual sales of these products sale threshold calculated in accordance with paragraph 4 of this article.

((d.. the total amount of the annual agent commissions seller shall consist of the sum of the commissions referred to in b) and (c)) earlier.

9. for agents sellers with less than the full day (40 hours per week), take note of the following criteria: a. agents sellers who sell 8 hours but less than 5 days per week: will apply in its entirety the described system, computing the effective days of sale exclusively.

b. agents sellers who sell in less than 8 hours per day Conference: applies a minimum of sale, a sale threshold, and a few sections from the table of commissions proportional to the reduced duration of their journeys. This rule not will be of application to those agents sellers with day night that see reduced its day by virtue of it arranged in the article 31.9.

10. those days in which not is pay work effective (for example, by be the agent seller of low by disability temporary or maternity, or enjoying of any of them permits, licenses and sabbaticals established in the present Convention or in the normative legal of application), not computed for get the minimum of sale, the threshold of sale and the table of commissions.


11. in case of accident during work, the day used in the calculations of the minimum of sale, sale and Commission table, threshold will be proportional to the number of hours worked.

12. in those cases in which, in the course of the day of sale there is paid, having made the actor a license or permit seller any sale, and provided that the permit or license a duration equal to or greater than 50% of the day, applies a proportional day to time worked, for the calculation of the minimum of sale Threshold of sale and commissions table.

Article 46 bis. Fees for vacation.

1. in the months in which agent vendor is any day of vacation, agent seller is entitled to receive a 'daily Commission holiday' each day holiday has enjoyed.

2. the calculation of the «Commission daily by holiday» is made in each month with days of holiday, adding them commissions by sale perceived by the agent seller in them twelve months previous, dividing that sum by the number total of days theoretical less them days of holiday of those twelve months. (To these effects it will have in has them commissions calculated according to the article 46ter, paragraph 1, letter to).

3. the payment of commissions on vacation shall be made monthly, pursuant to article 46 ter.

Article 46 ter. Monthly payments of commissions.

1. in each monthly payroll be practiced, if applicable, a payment on account of the annual Commission for sales. (Said payment to has is calculated of the following form: to) is computed them sales monthly and them days of sale made, to which is apply them rules established in the article 46, but taking always in consideration those values obtained in the month of reference.

(b) on the other hand the days of much enjoyed holidays, in his case, which they will apply the calculation defined in article 46 bis will be considered.

(c) is calculated the Commission theoretical monthly of the seller in the month, as the sum of the quantities calculated by them two concepts earlier.

2. once obtained the value of the monthly theoretical Commission, the amount of the payment will be made by ninety per cent of the theoretical monthly Commission referred to in this article.

Article 46 quater. Annual payment of commissions.

1. for the calculation of the annual payment of commissions, will be deducted from the annual Commission, obtained according to the provisions of article 46, the monthly payments to account received by the agent vendor referred to in article 46 ter.

2. in the event that the sum of the monthly payments on account made during the year was lower than the annual Commission, agent seller is entitled to receive the difference.

3. in the event that the sum of the monthly payments on account made during the year was greater than the fee, no payment shall be made.

4. the annual payment of commissions shall be paid in the month of January of the following year.

Article 47. Minimum of compulsory sale.

Sale of minimum compliance with which will be payable to agents sellers, for all products of the periodic nature of the modalities coupon and active and for all the products of instant lottery game will match that provided for in point 3 of article 46, by applying, where appropriate, set out in paragraphs 9, 10, 11, and 12 of this article 46.

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

1. in those natural quarters where sales of gaming products of ONCE through different channels of sale of the channel of agents sellers are greater than fifteen million euros, ONCE paid agents sellers who meet the conditions set out in point 3 of this article 'quarterly contributions by participating in sales of other channels' , in accordance with the provisions of this article.

2 «quarterly total premium for involvement in sales of other channels» for the whole of the sellers shall be calculated as follows: • quarterly sales of other channels will be divided into sections.

• Each section of sales is charged the following table: quarterly sales greater than or equal to sale quarterly percentage applicable under 15.000.000 25.000.000 2.0 25.000.000 40,000,000 1.5 40,000,000 1.0 • the 'total quarterly contributions by participating in sales of other channels' will be the sum of the premium for each of the sections.

3 'total quarterly contributions by participating in sales of other channels' is linearly distributed among those vendors that have a sale of over fifteen thousand euro gaming products in the natural quarter.

To the absence for a vacation does not have a negative impact on the amount of this premium, during the holiday period shall be reduced proportionately the number of sales required by the preceding paragraph, by applying the percentage of days of vacation on theoretical sessions of each seller.

4. the «quarterly premium for involvement in sales of other channels', shall be paid in the month following the last month of the natural quarter, and has the character of not consolidatable.

Article 50. Products of extraordinary game and promoted gaming products.

1. any game product of an extraordinary nature, which ONCE marketed shall be sold by agents sellers, in the period and conditions (including commissions) determined by the Negotiating Committee.

2. the sale of these products not computed for the calculation of commissions for sales and extra payments, unless agreed otherwise in Commission negotiator. It will not be computable for cases of absences and permits paid or for supplements for benefits for temporary disability or maternity leave, if necessary.

3 be considered gaming products promoted those products which, for commercial, strategic, reasons and/or logistical apply them, for a period of time, remuneration conditions different from those laid down in article 46. ONCE may determine, at any time, game products which have the condition of promoted, as well as the term of the promotion. Remuneration policies for promoted game products shall be those determined by the Negotiating Committee.

Article 56. Functional wage supplements.

These supplements have no consolidatable character, and only be levied while worker not seller develop effectively the activity that gives right to them.

Workers who develop way to regulate activities that are entitled to these add-ins will receive the amount during your vacation. The same criterion applies to supplements provided for in paragraph 5. of the fourth transitional provision of this agreement.

1. departure day.

It is the functional salary complement which will be perceived employees who continuously provide their services in any centre of split time working ONCE.

In case not to make the labour day game during the whole month, or all week, worker paid amount in proportion to the days of their effective realization.

They will receive this complement in holiday workers who develop their work in usual manner split time working, and in the same proportion that it had been receiving.

Means departure day that where there is an uninterrupted rest lasting at least an hour.

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

2 work shifts.

For work performed in alternating or rotating shifts, or in the form of correturnos to meet the needs of the service which arise or may arise, is entitled to a wage supplement functional.

The amount of the complement by work shift is set at 179,94 euros/month.

3. night work.

By the work performed at night, between the 22 and 6 o'clock, not vendors workers shall have the right, if done sporadically, to perceive of a complement functional, consisting of a plus of 50 per cent on the price of ordinary time, calculated on the functional since it effectively develop, complement to scale base salary in his case, and antique consolidated.

It is accrued in proportion to the number of hours worked in the night period.

Shall not apply the plus in any case when in the contract wage has been established according to make night work by its very nature, having taken into account such circumstances in setting the salary.

4. work on non-working days.

It is a functional complement that those workers will be perceived not sellers who, by needs of enterprise, circumstantial, and outside its ordinary day, must provide services on Saturdays, Sundays and public holidays.


By this plug-in is entitled to perceive of 60% of the price of the ordinary, calculated time on the base salary of the functional position that effectively develops, complement to scale, where appropriate, and consolidated seniority; also, you must retrieve while resting in the following four months. The complement of the 60% is may replace, by agreement between the worker and the address of the Centre, by a compensation in time free in the same proportion.

5. closing sales on Saturdays, Sundays and public holidays.

Functional complement that those workers will be perceived is a not sellers which, by appointment of the head of Centre, part of the closing of sales equipment regulated in article 25 of this Convention.

Its amount will be 36,06 euros for each day that carried out these tasks.

Article 60. Pay review.

During the validity of the present Convention, if during two years consecutive there is benefit of exploitation (with awards adjusted), the Commission negotiating of the Convention collective is meet for evaluate if said benefit has a character recurrent, is significant, and if is derives of them operations normal of the ELEVEN or of made exceptional; and based on the conclusions of said analysis can agree is the review of the wage base, and of them concepts remuneration and tables related with the same, and the scope of such review; without that in any case this review may affect the wage base and other pay concepts from previous financial years.

Where such revision, the minimum of sale, current sale threshold and the sections of the Commission table will be increased, where applicable, under the same conditions that increase the wage base, under the terms agreed by the Negotiating Committee of the Convention.

Article 67. Graduation.

Disciplinary absences of workers, committed during or as a result of their work, may be in view of its importance, recurrence, reiteration or intentionality: minor, serious or very serious.

(... c. will be very serious misdemeanours:... c.8) when it is sufficiently accredited voluntary and continuous decrease in the normal or agreed upon work performance, as well as the systematic sale below the minimum for sale set in article 47 for a period of two consecutive months.

Fifth transitional provision.

During the year 2015 the calculation of the minimum of sale, sale of threshold, and of the committees referred to in articles 46, 46 bis, 46 ter and quater 46 will be held as calendar year whereas the period between April 1 and December 31, 2015, both included.

ANNEX 1 functional definitions - jobs new creation personal group seller agent seller level 1.

Them agents sellers shall exercise the sale of those products that the ELEVEN determine in them places, schedules, conditions, and with the use of them media that is them assigned. Its activity will be held daily, with maximum diligence, and will have to achieve at least the minimum sale in euros fixed in the collective agreement.

They made the promotion and sale of all products that ONCE determined in any of its supports using appropriate sales techniques. They carry out the liquidation thereof, as well as returning the unsold in the form and place indicating the ONCE them, making necessary displacement, for the exercise of selling both these processes».

Jorge Iniguez Villanueva, (ELEVEN).-Diego Sayago Sánchez, (UGT).-Rafael Herranz Castle (Secretary).