Having regard to the Order of 20 February 2015, clarification of the judgment of the judgment of 5 February 2015, delivered by the Chamber of the Social of the National Court, relapsed in the procedure No 294/2014, followed by the request of the State Federation of Education of Workers 'Commissions against the employers' organizations Education and Management (EyG), Confederation of Teaching Centres (CECE), Spanish Federation of Social Economy Teaching Centres (FED-ACES), and Professional Association Serveis Educatius de Catalunya (APSEC), and trade union organisations Federation of Independent Trade Unions of the Spanish State (FSIE), Federation of Education of the Workers ' Union (USO), Federation of Workers of the General Union of Workers (UGT) and the Interunion Confederation Galega (IGC), and the Fiscal Ministry, on the challenge of Collective Convention,

And considering the following

Fact Background

First.

In the Official Gazette of the State of 17 August 2013, the resolution of the Directorate-General for Employment of 30 July 2013 was published, in which it was ordered to register in the relevant Register of agreements and agreements working collectives through electronic means of that Steering Centre and publish in the Official Gazette of the State, the VI collective agreement of private education companies held wholly or partially with public funds (convention code No 99008725011994).

Second.

In accordance with the provisions of Article 166.3 of Law 36/2011 of 10 October, the regulator of social jurisdiction, by means of a decision of the Directorate-General for Employment of 19 February 2015, it was ordered to register in the corresponding Register of agreements and collective agreements of work with operation through electronic means of this Steering Center and to publish in the Official Gazette of the State, the Judgment of the National Audience of 5 February 2015 relapse in the procedure No 294/2014 and relative to the VI collective agreement of companies of private education held in whole or in part with public funds.

Third.

On February 25, 2015, the General Registry of the Department of the Social Room of the National Court entered the General Register of the Department, in which the operative part clarifies and corrects the ruling of the judgment given by the 5.2.2015, procedure 294/2014, specifying that only the table that affects the teachers, teachers and technicians hired after the validity of the convention, published in the BOE of 17, is cancelled only in section 1.1 of Annex II of the Convention. of August 2013.

Fundamentals of Law

Unique.

In accordance with the provisions of Article 166.3 of Law 36/2011 of 10 October, the regulator of social jurisdiction, where the judgment is annulatory, in whole or in part, of the contested Collective Convention and that published, it shall also be published in the Official Gazette in which it was inserted.

Consequently, this Employment General Directorate resolves:

First.

Order the registration of the said Auto of 20 February 2015, clarification of the judgment of the National Court, dated February 5, 2015, relapse in the procedure No 294/2014 and relative to the VI Collective Agreement of companies of private education companies, which have been fully or partially supported by public funds, in the relevant Register of labour agreements and collective agreements with operation through electronic means of this management centre.

Second.

Arrange for publication in the Official State Gazette.

Madrid, March 9, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

NATIONAL SOCIAL-ROOM AUDIENCE

N. I. G.: 28079 24 4 2014 0000350M 01101

Cars: 0000294 /2014.

Matter: Impug. Conventions.

AUTO

Ilmo. Mr President Mr Ricardo Bodas Martín.

Ilmos. Mr Magistrates:

D. J. Pablo Aramendi Sanchez.

Ms Emilia Ruiz-Jarabo Sánchez.

In Madrid, twenty February two thousand fifteen.

Given account; examined the performances, having been the rapporteur the Ilmo. Mr Ricardo Bodas Martín, it is appropriate to issue a resolution in accordance

the following

Facts

First.

The 5-02-2015 judgment delivered, in procedure 294/2014, in which we said:

" In the demand for the impeachment of the Convention, promoted by CCOO, to which the IGC adhered, we dismiss the exception of the inadequacy of the procedure, promoted by FSIE, to which the USO has adhered.

We partially estimate the demand and annul, by illegality, paragraphs 1 and 3 of the art. 18 of the Sixth Collective Agreement of private education undertakings which is wholly or partly supported by public funds, as well as the task of the Joint Committee on the identification of works and tasks which are likely to be contracted by means of the a given work or service, regulated in that provision. -We have, in the same way, set aside paragraph 1.1 of Annex II to the Convention, which is why we condemn the State Federation for the Teaching of Workers ' Commissions against -E And G Education And Management-Negotiating Commission of the Convention-ECEC-Confederation of Education Centres Commission Negotiating the Convention, -FED-ACES- Spanish Federation of Social Economy Teaching Centres Negotiating Commission, -APSEC-Professional Association Being Veis Educatius de Catalunya Commission Negotiator of the Convention, -FESIE-Federation of Independent Trade Unions of the Spanish State Commission Negotiating, -USO-Federation of Education of the Union Workers ' Union Negotiating Committee of the Convention, -FETE-UGT- Federation of Workers of the General Union of Workers, -IGC-Confederation of Trade Unions Galega to be and to pass for such nullity to all appropriate effects, absolving them of the remaining demand for the application in the terms laid down in the legal basis. "

Second.

On 16-02-2015, the Social Room of the National Audience was registered for clarification and correction, which was formalized by the Federation of Independent Trade Unions (FSIE), the Federation of Education and Education (FSIE). of the Union Workers 'Union (FEUSO), Federation of Workers of the Teaching of the General Workers' Union (FETE-UGT)

Fundamentals of Law

Unique.

The art. 214 LEC, which regulates the clarification and correction of the sentences, states the following:

" 1. The Courts will not be able to vary the resolutions they pronounce after they signed, but they will clarify some dark concept and rectify any material error that they suffer.

2. The clarifications referred to in the preceding paragraph may be made on their own initiative, by the Court or Registrar, as appropriate, within two working days of the publication of the decision, or at the request of a party or of the Tax Ministry formulated within the same time limit, in this case being resolved by the person who gave the decision in question within three days of the submission of the written request for clarification.

3. The manifest material errors and the arithmetic in which the judgments of the Courts and the Judicial Secretaries are made may be rectified at any time.

4. No appeal shall be brought against the decision which decides on the clarification or correction, without prejudice to the resources which, where appropriate, may be made against the decision to which the application or action of its own motion relates. '

The appellants rightly argue that by the overall nullifying of paragraph 1.1 of Annex II to the Convention, which contains the salary tables of teachers, teachers and technicians, hired before and after the convention's validity, we cause the pay gap for teachers, teachers and technicians. The mere reading of the basis of the third-third right of the judgment under appeal makes it possible to conclude, without further clarification, that the table corresponding to the teachers, teachers and technicians employed after the validity of the convention, since the distinction, contained in it on the basis of the date of recruitment, is considered as a double wage scale, which violates the equal rights of those workers, who have the right to be treated (i) in the case of the Commission, the Court of the European Court of statement in the requested terms, since this is a simple material error.

Views of the cited legal rules and other general and consistent application.

Dispositive Party

We estimate the resource for clarification, promoted by the Federation of Independent Trade Unions (FSIE), Federation of Teaching Workers Union (FEUSO), Federation of Union Teaching Workers General de Trabajadores (FETE-UGT), for which we clarified and corrected the ruling of the sentence of 5-02-2015, proced. 194/2014, specifying that we cancel only from Section 1.1 of Annex II of the Convention the table that affects the teachers, teachers and technicians hired after the validity of the convention.

Against the present Auto which is an indissoluble part of the judgment cited, the same resource is granted that was given in front of it.

DILIGENCE.-The order is followed, sending those affected by a certificate with acknowledgement of receipt, an envelope containing the copy of the car; I give faith.