Resolution Of 9 March 2015, Of The Directorate-General Of Employment, Which Is Recorded And Published The Explanatory Auto Of The Sentence Of The Room Of Social Of The Audiencia Nacional, On The Collective Agreement Of Education Companies Vi P...

Original Language Title: Resolución de 9 de marzo de 2015, de la Dirección General de Empleo, por la que se registra y publica el Auto aclaratorio de la Sentencia de la Sala de lo Social de la Audiencia Nacional, relativo al VI Convenio colectivo de empresas de enseñanza p...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3154

Seen the car of 20 February 2015, explanation of the failure of the judgement of 5 February 2015 issued by the Chamber of the Social of the relapse in the procedure no. 294/2014, national audience, followed by the demand of the State Federation of teaching of Comisiones Obreras against business organizations education and management (EyG) , Confederation of centres of education (CECE), Spanish Federation of centres of teaching of Social economy (EDF-ACES), and Association professional Serveis Educatius de Catalunya (APSEC), and the trade unions Federation of independent trade unions of education of the Spanish State (FSIE), Federation of teaching of the Union Union Obrera (USO), Federation of workers of the education of the Union General of workers (UGT) and Confederación Intersindical Galega (CIG) , and the public prosecutor, on challenges to collective agreement, and taking into account the following background in fact first.

Resolution of the Directorate-General of employment from July 30, 2013, in which ordering entered in the corresponding register of conventions and collective work agreements with operation through electronic means of that centre directors and published in the Official Gazette was published in the Official Gazette of 17 August 2013, , the sixth collective agreement of sustained private education companies wholly or partly with public funds (Convention No. 99008725011994 code).

Second.

In accordance with that established in article 166.3 of law 36/2011, on 10 October, regulating the social jurisdiction, by decision of the General Directorate of employment of 19 February 2015 ordering registered in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors and published in the official bulletin of the State , the judgment of the national audience dated 5 February of 2015 relapse in the procedure no. 294/2014 and concerning the sixth collective agreement of sustained private education companies total or in part with public funds.

Third party.

On February 25, 2015 it had input on the general register of the Department cited car of the room of the Social of the Audiencia Nacional, whose partly operative clarifies and corrects the failure of the judgment 5.2.2015, procedure 294/2014, specifying that only paragraph 1.1 of annex II to the agreement cancels table affecting teachers teachers, technicians recruited after the entry into force of the agreement, published in the Official Gazette of August 17, 2013.

Fundamentals of law only.

In accordance with that established in article 166.3 of law 36/2011, on 10 October, regulating the social jurisdiction, when the sentence is annulment, in whole or in part, of the challenged collective agreement and this had been published, will also be published in the Official Gazette in which he has inserted.

As a result, this Directorate-General of employment meets: first.

Order the registration of this Auto 20 February 2015, clarification of the judgement of the national audience, of 5 February 2015, relapse in the procedure no. 294/2014 and concerning the sixth collective agreement of private education companies companies sustained total or partly with public funds, in the corresponding register of conventions and collective work agreements with operation through electronic means of this Management Center.

Second.

Have its publication in the official bulletin of the State.

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

National-room of the SOCIAL audience N.I.G.: 28079 24 4 2014 0000350M 01101 cars: 0000294 2014.

Subject: Impug. Conventions.

AUTO Hon. Mr President D. Ricardo wedding Martin.

Ilmos. Messrs. Justices: D. J. Pablo Aramendi Sánchez.

Ms Emilia Ruiz-Jarabo Sanchez.

In Madrid, 20 of February of the year one two thousand and fifteen.

Given account; examined the proceedings, having been rapporteur for the Hon. Mr. D. Ricardo wedding Martin, appropriate decision according to the following first events.

5-02-2015 dictate sentencing procedure 294/2014, in whose judgment we said: «demand for challenging Convention, promoted by CCOO, which joined CIG, dismiss the exception of inadequacy of procedures promoted by FSIE, which adhered to in use.

We believe partially demand and nullify, by illegality, paragraphs 1 and 3 of article 18 of the sixth collective agreement total sustained private education companies or in part with public funds, as well as the charge of the Joint Commission for the identification of works and tasks likely to hire the contract of work or service determined, regulated in the precept. -Nullify, likewise, paragraph 1.1 of annex II to the Convention before this, by what we condemn State Federation of teaching of Comisiones Obreras against - E and G education and Management Commission negotiator of the Convention - CECE - Confederation of centres of Education Commission negotiating the Convention, - FED-ACES - Spanish Federation of schools of Social economy Commission negotiator, - APSEC - Professional Association be see Educatius de Catalunya Negotiating Committee of the Convention «-FESIE - Federation of independent trade unions of education of the State Spanish Commission negotiator, - use - Federation of teaching of the Union Union workers Commission negotiating the Convention, - FETE-UGT - Federation of workers of the teaching of the General Union of workers, - CIG - Confederación Intersindical Galega to be by such annulments to all appropriate effects, absolving them of the remaining motions of the demand in the terms set out in the legal basis.»

Second.

16-02-2015 had input in the registration of the Hall of audience national resource for clarification and correction, formalized by the Federation of independent trade unions of education (FSIE), Federation of teaching of the Union Union Obrera (FEUSO), Federation of Trabaj.adores of the teaching of the General Union of workers (FETE-UGT) social foundations of law only.

Article 214 LEC, which regulates the clarification and correction of judgments reads as follows: ' 1. the courts may not vary the resolutions that speak out after signed, but yes to clarify some dark concept and rectify any material error that suffer. "

2. the clarifications referred to in the preceding paragraph may be made ex officio, by the Court or clerk, as applicable, within the two working days following the publication of the resolution, or part or request Ministry Prosecutor made within the same period, in this case being determined by who had given the judgment concerned within the three days following the presentation of the brief that is ask for clarification.

3. the obvious material errors and the arithmetic that incur the resolutions of courts and court clerks may be rectified at any time.

4. won't fit any appeal against the resolution that decides on the clarification or correction, without prejudice to the resources which may be applicable, where appropriate, against the resolution to which it relates the request or ex officio action.»

The appellants argue, with reason, that to globally override the paragraph 1.1 of annex II to the Convention, which contains the salary tables of professors, teachers and technicians, hired before and after the entry into force of the Convention, we cause vacuum pay for professors, teachers and technicians. The simple reading of the Foundation's tenth right third of the contested judgment allows to conclude, without further details, that aborts the table corresponding to the teachers, teachers, and technicians hired after the entry into force of the Convention, since the distinction contained in it based on the date of hiring, is considered a dual salary scale that it violates the right to equality of those workers, who are entitled to be treated retributivamente equal with those hired previously, by which proceeds to clarify the sentence in the requested terms, since it is a simple material error.

View these and other legal norms of general and consistent application.

Operative part believe the remedy of clarification, promoted by the Federation of independent trade unions of education (FSIE), Federation of teaching of the Union Union Obrera (FEUSO), Federation of workers of the education of the General Union of workers (FETE-UGT), by which clarify and correct the failure of judgment 5-02-2015, Internat. 194/2014, specifying that we nullify only paragraph 1.1 of annex II to the Convention table affecting teachers, teachers, and technicians hired after the entry into force of the Convention.

Against the present Auto which forms part and parcel of the judgment cited above, is granted the same resource given against it.

DILIGENCE. - is fulfilled then ordered, sending those affected by mail certified with return receipt requested, an envelope containing the copy of the car; I attest.