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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2702

Seen the decree number 13/2015, on 10 February, the legal secretariat of the room of Social of the Audiencia Nacional, 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, maintainers of equipment, chemicals, builders of swimming pools and sports facilities (ASOFAP) , Comisiones Obreras of construction and services and the public prosecutor, on challenges to collective agreement, and taking into consideration the following: in fact the first background.

The resolution of this Directorate-General of employment, of 31 July 2014, 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 bulletin of the State was published in the Official Gazette of 19 August 2014 , the general collective agreement for the maintenance and conservation of aquatic plants (Convention number 99011925012000 code) sector.

Second.

According to consists in them background indeed of the decree number 13 / 2015, of 10 of February, referenced in the heading of this resolution, the legal representative of the Federation of services of the Union General of workers (FeS-UGT), presented demand in matter of challenge of Convention collective against the Association of manufacturers, distributors, maintainers of equipment, products chemical, builders of pools and facilities sports (ASOFAP) , Commissions workers of construction and services and the Ministry tax. And admitted to pending it demand, in the Act of conciliation, held the designated 10 of February of 2015, before it Secretariat Judicial of it room of it Social of it audience national, them parts reached it following compromise «them parts have found that the Constitution of the Commission negotiating of the Convention collective that is disputed suffers of a vice of nullity that entails also to it nullity of the Convention collective contested and agree in emplacement is for it Constitution correct» transfer the negotiating table of the new collective agreement», giving the labour authorities of the indicated Decree.

Fundamentals of law first.

In accordance with the provisions of article 90, paragraphs 2 and 3, of the Royal Legislative Decree 1/1995 of 24 March, by which it approves the text of the law of the Statute of workers, and in Royal Decree 713/2010 of 28 may on registration and deposit agreements and collective labour agreements they must be subject to registration in the register of conventions and collective agreements in the work of the competent labour authorities who have legally recognized efficiency of collective agreement or agreements that derive from provisions of a collective agreement, labour authority which shall have free and compulsory publication in the official bulletin.

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

Order the registration of the cited Decree number 13 / 2015 of such Secretariat Judicial in which is contains the agreement exposed in the antecedent indeed second of the present resolution, relative to the Convention collective general of the sector of maintenance and conservation of facilities aquatic, in the corresponding register of conventions and agreements collective of work with operation through media electronic of this center management.

Second.

Have its publication in the official bulletin of the State.

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

Audience national-room of it Social.

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

Number of cars: 0000329 / 2014.

Subject: Impug. Conventions.

Numeero of Decree: 13 / 2015.

DECREE Secretariat legal: Mrs. dona Marta Jaureguizar Serrano.

In Madrid, to ten in February of two thousand fifteen.

In fact the first background.

The legal representative of the Federation of services of the General Union of workers (FeS-UGT) has filed suit on November 20, 2014 regarding challenges to collective agreement against the Association of manufacturers, distributors, maintainers of equipment, chemicals, builders of swimming pools and sports facilities (ASOFAP), Comisiones Obreras of construction and services, being part of the public prosecutor's Office.

Second.

Admitted to processing demand, noted acts of conciliation and judgment of February 10, 2015. In the Act of conciliation held 10/02/15 day, parties before the Court Secretary reached this compromise: «the parties have confirmed that the establishment of the Negotiating Committee of the collective agreement which is disputed is a vice of nullity which also leads to the annulment of the challenged collective agreement and agree to be performed for the proper Constitution of the negotiating table of the new collective agreement».

Fundamentals of law only.

He article 84 of the LRJS establishes that if the parts reach a compromise, whenever not is constituent of injury serious to third, fraud of law or abuse of right, the Secretary Judicial dictate decree approving it and also is agreed the file of them performances.

Seen them precepts legal cited and others of general and relevant application, «part operative agreement: approve the compromise reached between the parties in the day of the date and the file of them performances.»

Notify is the present resolution to them parts warning them that against the present resolution fits lodged resource direct of review before this room, in the term of five days working following to your notification, citing is it infringement that to trial of the recurrent could contain it resolution contested (art. 188 LRJS). If the appellant did not have the status of worker or beneficiary of the public Social security system you must make a deposit of 25 euros to resort in account no. 2419 0000 00032914 that this room has opened at Banesto, 49 calle Barquillo in Madrid branch. «They are exempt from your subscription in any case, the public prosecutor, State, autonomous communities, local authorities and the autonomous bodies dependent of them. - the Judicial Secretary.»

Diligence. - then meets ordering it, sending those affected by certified mail with return receipt requested an envelope containing the copy of the Decree. Doy fe.