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Resolution Of 2 Of March Of 2015, Of The Direction General Of Employment, By Which Is Records And Publishes The Decree 13 / 2015, Of The Room Of It Social Of The Audience National, Relative To The Convention Collective General Of The Sector Of Maintena...

Original Language Title: Resolución de 2 de marzo de 2015, de la Dirección General de Empleo, por la que se registra y publica el Decreto 13/2015, de la Sala de lo Social de la Audiencia Nacional, relativo al Convenio colectivo general del sector de mantenimiento y conserva...

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TEXT

Having regard to decree number 13/2015, of 10 February, of the Judicial Secretariat of the Social Room of the National Court, dictated in cars followed by the demand of the Federation of Services of the General Union of Workers (FeS-UGT) against the Association of Manufacturers, Distributors, Equipment Mainers, Chemicals, Construction of Swimming Pool and Sports Facilities (ASOFAP), Construction and Services Workers ' Commissions and the Fiscal Ministry, on Collective Convention challenge,

And considering the following:

Fact Background

First.

In the Official Gazette of the State of 19 August 2014, the resolution of this Directorate-General for Employment, of 31 July 2014, was published in which it was ordered to register in the corresponding Register of Conventions and Agreements working collectives through electronic means of this Steering Center and publish in the Official State Gazette, the general collective agreement of the sector of maintenance and conservation of aquatic installations (code of convention number 99011925012000).

Second.

According to the background of the decree number 13/2015, of February 10, referenced in the heading of this resolution, the legal representative of the Federation of Services of the General Union of Workers (FeS-UGT), filed a complaint concerning the challenge of collective agreement against the Association of Manufacturers, Distributors, Equipment Mainers, Chemicals, Construction of Swimming Pool and Sports Facilities (ASOFAP), Workers ' Commissions Construction and Services and the Fiscal Ministry. And admitted to processing the complaint, in the act of conciliation, held on February 10, 2015, before the Judicial Secretariat of the Social Room of the National Court, the parties reached the following compromise " The parties have found that the constitution of the negotiating commission of the collective agreement which is contested is vitiated by a vitio of nullity which also entails the nullity of the contested collective agreement and agree to be called for the correct constitution of the negotiating table of the new collective agreement ", giving to this labor authority of the indicated decree.

Fundamentals of Law

First.

In accordance with the provisions of Article 90 (2) and (3) of the Royal Legislative Decree 1/1995 of 24 March, approving the recast of the Law on the Workers ' Statute, and in the Royal Decree 713/2010, of 28 May, concerning the registration and deposit of collective agreements and agreements, must be registered in the register of collective agreements and agreements of work of the competent labour authority the agreements they have legally recognised effectiveness of collective agreement or arising from the provisions of a collective agreement, work authority which shall have its compulsory and free publication in the Official Gazette concerned.

Consequently, this Employment General Directorate resolves:

First.

Order the registration of the said Decree number 13/2015 of the said Judicial Secretariat, in which the agreement set forth in the second paragraph of this resolution concerning the general collective agreement of the the maintenance and conservation of aquatic facilities, in the corresponding Register of agreements and collective agreements working through electronic means of this Steering Center.

Second.

Arrange for publication in the Official State Gazette.

Madrid, March 2, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

National Audience-Social Room.

N. I. G.: 28079 24 4 2014 0000386M 01101.

Number of cars: 0000329 /2014.

Matter: Impug. Conventions.

Decree Numero: 13/2015.

DECREE

Judicial Secretariat: Mrs. Dona Marta Jaugureizar Serrano.

In Madrid, ten February from two thousand fifteen.

Fact Background

First.

The legal representative of the Federation of Services of the General Union of Workers (FeS-UGT) has filed suit on November 20, 2014 in the matter of Impeachment of Collective Agreement against the Association of Manufacturers, Distributors, Equipment Mainers, Chemicals, Building and Sports Facilities (ASOFAP), Construction and Services Workers ' Commissions, the Fiscal Ministry being a part.

Second.

Pending the application, the acts of conciliation and trial were noted on February 10, 2015. In the act of conciliation held on 10/02/15, the parties to the Judicial Secretariat have reached this agreement: "The parties have found that the constitution of the negotiating commission of the collective agreement that is being challenged a vitio of nullity which also entails the nullity of the contested collective agreement and agree to be placed for the correct constitution of the negotiating table of the new collective agreement ".

Fundamentals of Law

Unique.

Article 84 of the LRJS states that if the parties reach an agreement, provided that it is not a serious injury to the third party, the law or the abuse of law, the Judicial Secretary will decide to approve it. will remember the file of the performances.

Viewed the cited legal precepts and other general and relevant application,

" Dispositive Party

Agreement: Approve the agreement reached between the parties on the day of the date and the file of the actions.

Notice this resolution to the parties warning them that, against this resolution, there is a direct appeal for review before this Chamber within five working days of notification of the decision, the appellant's judgment may contain the contested decision (art. 188 LRJS). If the appellant does not have the status of a worker or beneficiary of the public social security scheme, he must make a deposit of EUR 25 in order to make use of the account No 2419 0000 00032914 which this Chamber has opened in Banesto, branch of the Street Barquillo 49 of Madrid.

payment in any case, the Fiscal Ministry, the State, the Autonomous Communities, the Local Entities and the Autonomous Bodies that are dependent on them.

Diligence. -It is followed by ordering, sending the affected by registered mail with acknowledgement of receipt an envelope containing the copy of the decree. I give faith.