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Resolution Of 19 February 2015, Of The Directorate-General Of Employment, Which Is Recorded And Published The Judgment Of The Room Of The Social Of The Hearing Relating To The Sixth Collective Agreement Of Sustained Private Education Companies, Nationa...

Original Language Title: Resolución de 19 de febrero de 2015, de la Dirección General de Empleo, por la que se registra y publica la sentencia de la Sala de lo Social de la Audiencia Nacional, relativa al VI Convenio colectivo de empresas de enseñanza privada sostenidas to...

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TEXT

Having regard to the judgment of the judgment of 5 February 2015, delivered by the Chamber of the Social of the National Court, which was referred to in the procedure n ° 294/2014, followed by the request of the State Education Federation Workers 'committees against employers' organisations Education and management (E and G), Confederation of Teaching Centres (ECEC), Spanish Federation of Social Economy Education Centres (FED-ACES), and Associate Professional Servéis Educatius de Catalonia (APSEC), and trade union organizations Federation of Independent Trade Unions Teaching of the Spanish State (FSIE), Federation of Education of the Workers 'Union (USO), Federation of Education Workers of the General Workers' Union (UGT) and the Galega Interunion Confederation (IGC), and the Prosecutor's Office, on challenge of collective agreement,

And considering the following

Fact Background

First. -In the "Official State Gazette" 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 corresponding Register of Conventions and collective agreements working through electronic means of that management centre and publish in the "Official State Gazette", the VI collective agreement of private education companies held wholly or partially with funds public (Convention Code No 99008725011994).

Second. On February 12, 2015, the Court of Justice of the National Court, in whose judgment it is agreed to annul Article 18 (1) and (3) of the Sixth Chamber, entered the General Register of the Department of the Department of the Social Collective agreement, as well as entrusting the Joint Commission with the identification of works and tasks which may be contracted by means of the specified contract of work or service, as laid down in that provision, and paragraph 1.1 of Annex II to the Convention referred to above, published in the BOE of 17 August 2013.

Fundamentals of Law

First. -In accordance with the provisions of Article 166.3 of Law 36/2011 of October 10, the regulator of the Social Jurisdiction, when the judgment is nullified, in whole or in part, of the contested collective agreement and this has been 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 that judgment of the National Court, dated February 5, 2015, relapse in the procedure n ° 294/2014 and relative to the VI collective agreement of private teaching enterprises partially with public funds, in the corresponding Register of collective agreements and agreements working through electronic means of this management center.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, February 19, 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

NATIONAL AUDIENCE

Social Room

Num. Procedure: 294/14.

Procedure Type: Convention Impeachment Demand.

Statement index:

Statement content:

Plaintiff: State Federation of Workers ' Commissions Teaching.

Co-plaintiff:

Respondent:

-E and G-Education and Management Negotiating Commission of the Convention.

-CECE-Confederation of Teaching Centers Negotiating Commission of the Convention.

-FED-ACES- Spanish Federation of Social Economy Teaching Centers Negotiating Commission.

-APSEC-Asociació Professional Servéis Educatius de Catalunya Commission Negotiator of the Convention.

-FESIE-Federation of Independent Trade Unions of the Spanish State Negotiating Commission.

-USO-Federation of Education of the Workers Union Workers ' Union Negotiating Committee of the Convention.

-FETE UGT-Federation of Education Workers of the General Workers ' Union.

-IGC-Confederation Interunion Confederation-Fiscal Ministry.

Rapporteur: IImo. Mr Ricardo Bodas Martin.

STATEMENT NO 0014/2015

IImo. Mr President: Don Ricardo Bodas Martin.

Ilmos. Mr Magistrates:

Don J. Pablo Aramendi Sanchez.

Dona Emilia Ruiz Jarabo Sanchez.

Madrid, a five de february de dos mil quince.

The Social Room of the National Audience composed of Messrs. Magistrates cited on the sidelines and

ON REY NAME

You dictated the following

STATEMENT

In the procedure n ° 294/14 followed by the demand of the State Federation of Teaching of Workers ' Commissions (Letado Ángel Martín Aguado) against -E and G-Education and Management Committee Negotiating of the Convention (Letrado Juan Hodar González), -CECE-Confederation of Teaching Centres Commission Negotiator of the Convention (Letrada Basilia Cuellar Gragera), -FED-ACES- Spanish Federation of Social Economy Education Centres Commission Negotiator (Letado Antonio E. González), -APSEC-Asociació Professional Servéis Educatius de Catalunya Commission Negotiator of the Convention (Letado Miguel Mateo García), -FESIE-Federation of Independent Trade Unions of the Spanish State Negotiating Commission (Lettrado Roberto Vicente Ruiz), -USO-Federation of Education of the Union Workers ' Union Negotiating Commission of the Convention (Letrado Carlos Quiros Bohorquez), -UGT-Federation of Workers of the Teaching of the General Workers ' Union (Letrada Patricia Gómez Gil), -CIG-Confederation Interunion Galega (Letada Rosario Martín Narrillos) on The Convention has been the Rapporteur of the Ilmo. Mr Ricardo Bodas Martin.

Fact Background

First. -According to the present case, the day 27-10-2014 was filed by the State Federation of Education of Workers ' Commissions against -E and G-Education and Management Committee Negotiating of the Convention, -CECE-Confederation of Centers of Teaching Committee Negotiating the Convention, -FED-ACES- Spanish Federation of Social Economy Teaching Centres Negotiating Commission, -APSEC-Professional Association Serveis Educatius de Catalunya Commission Negotiating the Convention, -ESESIE-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 the Interunion Confederation of Impeachment Collective Convention.

Second. -The Chamber agreed to the registration of the complaint and appointed rapporteur, with the result of which was noted on 04-02-2015 for the acts of attempted conciliation and, where appropriate, judgment, while the requested time was accessed in the other if test.

Third. -On the day and the hour marked, the celebration of the trial took place, after a failed attempt of compromise, and in which the evidence was practiced with the result that appears in the minutes raised to the effect.

Fourth. By complying with the provisions of Article 97.2 of Law 36/2011 of October 10, the regulator of Social Jurisdiction, it should be noted that the parties discussed the following extremes:

The State Federation of Education of Workers ' Commissions (CC.OO. from here) ratified its demand for the challenge of the Convention, by which it seeks the nullity, by illegality, of the precepts that will be stated below:

(a) Article 18, as soon as it exceeds the limits, as permitted by Article 15.1.a) To formalise contracts for a given work or service, however, it has admitted that there are no longer compulsory subjects, having been included in the Convention, because the LOMEC had not entered into force, committing itself to include the new regulation.

Also, because it excludes from the Joint Commission, which is attributed the determination of other activities that could be covered by this contractual modality, to unions entitled to negotiate the collective agreement.

b) Article 23.1, because it attributes to the employer the coverage of vacancies, circumventing the competences of the School Board.

(c) Article 26 of the Convention, because it attributes to the employer the mode of distribution of non-teaching activities, also circumventing the competences of the School Board and the Faculty of Teachers.

(d) Articles 53.3, 62a, 69 and additional provision 2. of the Convention, as they excuse undertakings from completing their salary obligations with their employees.

e) Article 77, because it is a matter of a Negotiating Commission, of which the legitimate trade unions are excluded, even if they demonstrate representativeness.

(f) The transitional provision 6., because the Commission is entrusted with the proper negotiating functions.

g) The transitional provision 8., for the unjustifiably deferred payment of the agreed remuneration.

(h) Number 1.1 of Annex II to the Convention, because it introduces a double wage scale, which pivots only on the date of entry.

IGC adhered to the complaint, as well as to the complainant's allegations.

Education and Management (E and G from here) objected to the complaint, denouncing, first of all, that CC.OO. acted against its own acts, since Articles 18, 23, 26, 53, 62a, 69, 77 and transitional provision were already agreed upon. similarly in the V Convention, which was signed by CC.OO.

Defended the legality of Article 18 of the Convention, as the activities described therein have autonomy and substance, thus complying with the requirements of Article 15.1.a) ET.

I support the legality of Article 23.1 of the Convention, because the company imposes only the vacancies of non-concerted activities.

I support, in the same way, the legality of Article 26 of the Convention, because Article 9 of the Convention itself allowed it, as it could not otherwise be, for the organisation of non-teaching activities is the responsibility of the Convention. company, without prejudice to the rights of information and hearing of the Faculty of Teachers, as well as the School Board.

Defended the block of articles, which impute to the Administrations the remuneration of wages, as such must be in the concerted teaching, where the competent administrations replace the debtor, in accordance with the Article 1203 CC, thus being treated as a guarantee for workers.

I stress, for these purposes, that wages are quantified annually after the publication of the budget laws, highlighting, in any case, that the postponement of the payment of the ACs was agreed with the CC.OO itself. held on 22 April 2013, being revealing that CC.OO. has sued the Board of Education of the Andalusia Board, relying precisely on the transitional provision 8. of the contested Convention.

It also defended the legality of Article 77 of the Convention, since it is not a negotiating commission, as is the commission agreed in the additional provision

.

finally stressed that CC.OO. subscribed to the salary tables of 2013, validating them with their own acts and denied that double wage scale was agreed on point 1.1 of Annex II of the Convention, as the differential treatment brought cause in the additional provision 7., where it became clear that the differential treatment was not the date of entry, but the rights consolidated by the staff employed prior to the agreement.

APSEC; FED-ACES and CECE objected to the lawsuit and made the allegations of E and G. their own.

The Federation of Independent Trade Unions (FSIE) has been opposed to the demand and excepted procedural inadequacy, as the interpretation of the regulatory articles of the law is not properly at stake. pay, but their interpretation.

Support, otherwise the reasons for opposition alleged by E and G.

USO was opposed to the lawsuit and noted that Article 53 of the Convention refers in paragraph 1 to the laws of budgets.

The UGT was opposed to the demand, stressing, first of all, that the task of Article 18 to the Joint Committee is not a bargaining power.

I stress, in any case, that the concerts are signed for periods of 4 or 6 annuities, which allows to distinguish the normal and permanent activity from the levels submitted to annual funding.

He maintained, moreover, that the concerted vacancies follow the regulated procedure in the LOE.

Defended the legality of the remuneration regime, whose satisfaction was competing with the AA.PP., with the employer's replacement.

Denied that the functions of the occupational risk prevention commission are negotiating, as is the case for the transitional provision

.

Denied finally that a double wage scale was agreed on the basis of the date of entry, as the additional provision 7 makes it perfectly clear that workers in the first cycle of child education retain their previous working conditions.

Fifth. -Fulfilling the mandate of article 85.6 of Law 36/2011, of October 14, it is meant that the controversial facts were as follows:

Controversial facts:

Articles 18, 23, 26, 53.3, 62a, 69, transitional provision 2, Article 77, Annex II; were agreed in the preceding Conventions and in particular in the V Convention signed by CC.OO.

In vacancies, their coverage, the employer only imposes it when it is not a concerted teaching.

Wages are quantified annually by the Joint Commission under the LPGE.

On April 22, 2013, an agreement is reached in the SIMA and CC.OO. LPGE is referred to in salary matters, the extra pay of seniority with suspension when there is no funds, and the employer will not respond. This is the case for administration.

In Andalucía CC.OO. filed suit related to the non-payment of the extra pay of seniority claiming the application of the Convention.

CC. OO. is part of the employer of the foundation of occupational risks. It was published in BOE on August 1, 2013, convening the signatories to the Convention.

Additional provision 6. th speaks of a commission of studies and CC.OO. is called to negotiate.

Level 0 to 3 years is not concerted, it did not exist before and differentiated treatment brings cause in relation to transitional arrangement 7. th, respect to more beneficial condition of the workers.

The Joint Commission is not an adaptive only negotiator.

Concerts are for 4 or 6 years, not yearly.

Peaceful Facts:

There are non-permanent tasks such as support units.

The Convention applies retroactively. The 2009 salary tables have been published retroactively.

In 2000, the activity is transferred to the CC.AA. In them, the extra pay of seniority is budgeted.

Resulting and thus declared, the following

Facts tested

First. -On January 17, 2007, the V BOE published the V collective agreement of private education companies held in whole or in part with public funds.

This Convention was signed by E and G; CECE and APSEC on the one hand and by FSIE, UGT and CCOO on the other.

Second. -In 2000 it was transferred to the majority of the CC.AA. the activity of private education held in whole or in part with public funds.

The amount of outstanding pay for seniority was included in the corresponding transfers from the Central Administration.

Third. -On April 22, 2013 the negotiators of the VI Convention reached agreement in mediation procedure before the SIMA in the following terms:

" The parties reiterate the willingness to reach an agreement as soon as possible, both in the pay portion and in the extraordinary pay of seniority, the complement by IT and the other matters of the convention.

In relation to the salary field, they agree to establish a formula for salary tables to be adjusted in 2015 to the General Budget of the State. To this end, the parties undertake to work on the search for the salary. formulation.

In reference to the extraordinary payment of seniority and the complement by IT on the one hand the right is recognized, establishing the suspension of the credit in any Autonomous Community when they prove inadequacies budget, then referring to possible regional agreements. In no case will companies be responsible for the payment of these concepts.

Also, a meeting of the Secretaries-General of the organizations present is called for on April 30, 2013 at 10 a.m. at the Education and Management headquarters, in which the texts will be presented in this respect. Developed by the parties.

Finally, the agreement to send a joint request for a report to the Ministry of Education, Culture and Sports is reached, with the following text: Based on the current wording of Article 117 of the LOE, should it be interpreted included within the "concepts of seniority of the teaching staff of the private institutions" of the heading "C-Expenditure Variables" of the modules of the educational concert the extraordinary pay for seniority, as laid down in Article 61 of the V Collective agreement of sustained centres with public funds for the staff who are in delegated payment? And consequently, what is the practice that in this sense comes the Ministry in the field of its competence? "

Fourth. -June 19, 2013 the VI collective agreement of private education companies was signed in full or in part with public funds by E and G; CECE; FED-ACES and APSEC, on the one hand and FSIE; USO and UGT on the other, being published on the BOE of 17 August 2013.

The agreed term extends from publication to December 31, 2019, although its economic effects were rolled back to January 1, 2009.

Fifth. -Wage tables from 2009 to 2012 have been published in the BOE, after approval by the Joint Committee of the Sixth Convention.

Sixth. -The Sixth Convention Negotiating Commission, including the representatives of the CC.OO., has met on 20 September; 18 October and 16 December 2013 and 30 April 2014, with the corresponding minutes being raised in cars and are produced by reproduced.

On 10 February 2014, the minutes of 16 December 2013, in which the 2013 salary tables were approved, were published in the BOE.

Seventh. -Under Article 18 of the Fifth Collective Agreement of private education enterprises held in whole or in part with public funds, published in the BOE of 17 January 2007, which regulates the contract for work or service determined, the following was agreed:

" It is intended to carry out a work or service with autonomy and its own substantive, of uncertain duration, within the activity of the company. Within the scope of this Convention, they may be covered by contracts of this nature, without prejudice to any other activity legally permitted, those which are intended to: Improve teaching at levels which are subject to annual renewal: Social Guarantee Programmes, Initial Vocational Qualification Programmes, Curriculum Diversification Programmes and other similar features.

Impart areas or subjects to be extinguished by application of the LOE. To provide optional subjects except those for compulsory provision for the Centres. Impart teaching at levels that the company has initiated the extinction process and up to the total closure of them.

The Joint Commission may determine in the conventional field any other activity (teaching or non-teaching) which may be covered by this contractual modality.

At the end of the contract, the worker shall be entitled to receive an economic indemnity equivalent to the proportional portion of the amount that will result from paying 8 days of salary for each year of service. "

Eighth. -In Annex II, paragraph 1.1, of the Convention, which regulates salary tables for 2006, it was agreed that teachers/teachers in the (integrated) and pre-school (Integrated) Child Education Cycle would charge a EUR 1.421.40 and three-year salary of EUR 34.01, while the technical staff in the cycle before said would be paid a salary of EUR 1,085,35 and a three-year salary of EUR 20,45.

Ninth. -June 17, 2014 CC.OO. filed a conciliation ballot with the SERCLA against the Ministry of Education, Culture and Sport of the Andalusian Regional Council, in which it called for the recognition of the current right to the PAE. in accordance with his/her background and as a salary concept of a salary character to which the Department is obliged as a delegate payment, currently available in the budget, and for the case in which according to the criteria of the TSJA in This material shall be justified in the absence of funds (on a global basis and in each institution). (a) a temporary deferral is determined until new budgetary allocation is made.

Legal forecasts have been met.

Fundamentals of Law

First. -In accordance with the provisions of Articles 9, 5 and 67 of the Organic Law 6/85 of July 1, of the Judicial Branch, in relation to the provisions of Articles 8.1 and 2.h) of Law 36/2011 of 14 October, it is the responsibility of the knowledge of the process to the National Audience's Social Room.

Second. -In compliance with the provisions of Article 97.2 of the Law on Social Jurisdiction, it is stated that the above proven facts have been obtained from the following means of proof:

a) The first, seventh, and eighth facts of the BOE cited.

(b) The second and fifth facts were not disputed, and they were rejected in accordance with the provisions of Article 87.1 LRJS.

c) The third of the mediation act cited, which works as document 5 of E and G (description 47 of cars) that was recognized by the other litigants.

d) The fourth BOE quoted.

e) The sixth of the minutes of the Sixth Convention Negotiating Commission, which act as document 4 of E and G (description 46 of the cars), which were recognized to the contrary, as well as of the BOE cited.

f) The ninth of the reconciliation ballot cited, which works as document 7 of E and G (description 49 of cars), which was acknowledged to the contrary.

Third. -FSIE excepted, adhering to USO, inadequacy of the procedure, because the claims of the claim do not properly question the legality of the impugned precepts, but a interpretation of the same.

The Chamber will dismiss that exception from the plane, because the appropriate procedure is determined by the claim of the demand and the simple reading of the supply of the same allows to deduce, without the need of any effort, that the nullity of the articles challenged by violation of the current legality is clearly and flatly sought, which is quoted in detail for each of the articles challenged, complying scrupulously with the requirements of the art. 164.1.a LRJS.

Thus, if the interpretation of the above articles is not sought, but their nullity by illegality, the relevant procedure is that of contestation of statutory collective agreements, regulated in Articles 163 et seq. of the LRJS, which is exactly the one promoted by CC.OO.

Fourth. -E and G reproached the applicant for its inconsequence, since the majority of the contested articles reproduced the V collective agreement of wholly or partially sustained private education companies with public funds, thus as other conventions signed by the CC.OO., such as the Collective Convention of State-wide scope of child care and education, and therefore denounced that the real object of the suit is not the control of the legality of the convention, but an act of election propaganda in the period of union elections.

As is well known, all litigants will have to adjust in their actions in the process to the rules of good faith, in accordance with the provisions of Article 75.4 LRJS, so that, when such a requirement is violated, the courts reject any claims which are abusive, fraudulent or reckless, imposing, where appropriate, the appropriate fine in accordance with the provisions of Article 75.1 and 4 LRJS.

The burden of proof of fraudulent, abusive or reckless action corresponds to the person who denounces it, in accordance with the provisions of Article 217.3 LEC.

We must clear, then, if it is unfeasible for a union, which has signed a collective agreement, to be able to challenge, by illegality, that collective agreement, to which we anticipate, from now on, a negative response, as soon as the Article 165.1.a) LRJS does not condition the legitimation of the trade union, in order to challenge the collective agreement for illegality, that it has not signed it, as it could not be otherwise, as the collective agreement is necessarily subject to the principle of legality, in accordance with the provisions of Article 9.3 EC, without its registration and publication by Part of the Labour Authority prevents the courts from being controlled by the courts.

If the signing of the agreement does not prevent the union or, where appropriate, the undersigned company or association from contesting it for illegality, it will, with lesser reason, prevent it from the non-signatory negotiating subjects, which they previously subscribed to. similar agreements, can legitimately challenge the non-signed agreement, since, if the new agreement is illegal, the connivance of the challenge with the illegality of previous agreements, does not make the new convention legal, with the independence of the inconsequence, which could be made to the contesting union, which do not correspond to this court.

Sixth. -Article 18 of the Sixth Convention, which regulates the contract for a given work or service, states the following:

" It is intended to carry out a work or service with autonomy and its own substantive, of uncertain duration, within the activity of the company. Within the scope of this Convention, they may be covered by contracts of this nature, without prejudice to any other legally permitted activities, which are intended to:

-Improve teaching at the level of funding submitted for annual renewal, in accordance with current educational legislation.

-From areas or subjects to be extinguished by application of the educational legislation in force at any time.

-Imparting subjects that are not mandatory for the centers.

-Improve teaching at levels that the company has initiated the extinction process and up to the total closure of them.

The Joint Commission may determine in the conventional field any other activity (teaching or non-teaching) which may be covered by this contractual modality.

At the end of the contract, the worker shall be entitled to receive the financial compensation corresponding to him at any time under the legislation in force.

If the contract is to be fixed for a duration or term, they must be considered as indicative in the light of the work or service covered by the contract, with a maximum duration of four for this contractual mode. years. "

CC. OO. and CIG report that the list described is contrary to the provisions of Article 15.1.a) ET, since those activities do not have the autonomy and substantive requirements of the contracts for a given work or service, opposing the defendants, who argued that in the V Convention, signed by CC.OO., was admitted as activities with Sufficient autonomy and sufficient substance the now contested, although they admitted that to impart subjects that are not of obligatory offer for the centers has lost reason of being since the entry into force of the MOME.

The case law, for all STS 21-01-2009, rec. 1627/2008, has defined which requirements are required for the validity of the contract for a given work or service as follows:

" (a) the work or service that constitutes its object, present autonomy and its own substance within what is the business activity of the company; b) that its execution, although limited in time, is in principle of duration (c) where the contract is specified and identified, with precision and clarity, the work or the service which constitutes its object; and (c) that in the development of the employment relationship, the worker is normally engaged in the execution of that or compliance with this and not on different tasks.

This Chamber has repeatedly expressed its view on the need for all listed requirements to be met together, so that temporary employment by a given work or service can be considered to be right. The sentences are repeated, which they affirm, although, by reason of consistency, each one should deepen the concrete requirement, among those mentioned, whose existence was then object of discussion. They corroborate the aforementioned, those of 21-9-93 (rec. 129/1993) EDJ 1993/8134, 26-3-96 (rec. 2634/1995) EDJ 1996/1720, 20-2-97 (rec. 2580/96) EDJ 1997/97 79, 21-2-97 (rec. 1400/96) EDJ 1997/897, 14-3-97 (rec. 1571/1996) EDJ 199499 99, 17-3-98 (rec. 2484/1997) EDJ 1998/1324, 30-3-99 (rec. 2594/1998) EDJ 1999/13948, 16-4-99 (rec. 2779/1998) EDJ 1999/6339, 29-9-99 (rec. 4936/1998) EDJ 1999/30599, 15 -2-00 (rec. 2554/1999) EDJ 2000/1635, 31-3-00 (rec. 2908/1999) EDJ 2000/12166, 15 -11-00 (rec. 663/2000) EDJ 2000/44327, 18-9-01 (rec. The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that Royal Decrees 2104/1984, 2546/1994 and 2720/1998.

All of them show, in the part that is of interest here, that this Chamber has always considered it decisive that the cause of the temporality will be credited. "

In the same judgment, I value how you can affect the validity of these contracts with your financing regime:

" The Chamber has maintained a repeated doctrine regarding the validity of the temporary contracting linked to the perception of a grant, having established, among others, the judgment of 8 February 2007, 2501/05 EDJ 2007/8710, as follows: " The doctrine of the judgment of this Chamber of 19 February 2002 (appeal 1151/01) EDJ 2002/27036, which the appellant invokes in support of his theses, in the passage in which it is said that the duration of the the employment contracts necessary for the provision of these services of the persistence of the (a) the subsidy necessary for its operation, where this subsidy comes from a third party rather than from a mere budgetary entry of the employer itself, is not an act which can be considered to be abusive, by law or contrary to the law and by the The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice Judgment of 22 March 2002 (Appeal 1701/01) clarifies that this Chamber has not, in any event, raised the of a grant to the category of decisive and conclusive element, by itself, of the validity of the temporary causal contract ", specifying that" of the annual character of the plan, the temporality of the work or service cannot be deduced from that subvencione, This is a temporary concreteness that applies exclusively to subsidies, not to the basic services which they finance. " In the same sense, the new paragraph (e) of Article 52 of the Staff Regulations EDL 1995/13475, which, by recognizing as an objective cause of termination of the contract of employment the loss or insufficiency of the consignment, is pronounced On the other hand, it is clear that funding in itself cannot be the cause of the temporality of the relationship. It is not a matter of the timing of the relationship. And later on, it adds that it is not a question of determining what has been agreed, but of establishing whether the agreement is in line with the legal type of the contract of work or service determined and at this point it is clear that, even on the basis of the hypothesis In this resource, which we are dealing with a contract of work or service, what would constitute the object of the contract would be the activity of permanent education developed, which is to which the contracting is referred as a service capable of a temporary determination, which operates in a certain way as to its termination when its financing is terminated, permanent through the corresponding contributions ("certus an"), but uncertain as to the moment in which that termination has to be produced ("uncertainty quando"). If the argument of the appeal is accepted, we would not be before a given contract of work or service, which is, in principle, a contract of uncertain duration (judgments of 26 September 1992 EDJ 1992/9249 and 4 May 1995 EDJ 1995/2786), but before a term contract which does not conform to any of the types of Article 15.1 of the EDL 1995/13475 Staff Regulations, since it does not fulfil the functions of the interinity, nor can it be regarded as an eventuality, since it does not an extraordinary need for work, and the time limits of Article 15.1.b have not been respected) of the Workers ' Statute EDL 1995/13475, which is why, since the term invoked is not valid, the cessation of female actors has been correctly described as unfair dismissal.

On the same line is the Judgment of this Chamber of 25 November 2002 (Resource 1038/02) EDJ 2002/61281 which, in order to link the duration of the contract with that of a grant, notes (F. J. 2. (º) that, in any event, the existence of a subsidy does not derive from the fact that the procurement must necessarily be temporary, as is borne out by Law 12/2001 of 9 July 2001, 2001/23492, which has introduced a new paragraph in Article 52 of the Treaty. Statute for Workers EDL 1995/13475, which authorizes the termination of the contract for objective reasons. ' In the case of contracts for indefinite time concluded directly by public administrations or by non-profit entities for the implementation of certain public plans or programmes, without stable and financed economic resources by means of annual budgetary or extra-budgetary appropriations resulting from external income of a finalist, due to the inadequacy of the corresponding consignment for the maintenance of the contract of employment in question '; reasoning also that the annual nature of the plan, the temporality of the work could not be deduced This is a service which is a sub-vencioness, since it is a temporary concreteness which affects only the subsidies, not the basic services which they finance. "

Thus, if the annual renewal of the financing of the levels in which teaching is taught does not automatically credit that the activity has the autonomy and the substance required by Article 15.1.a) The first object of the contract is to be annulled, and this is independent of the fact that specific cases such as Social Guarantee Programmes, Initial Vocational Qualification Programmes, Diversification Programmes were introduced in the Fifth Convention. Curricular and other similar characteristics, since these cases have disappeared from the current Article 18 of the Sixth Convention and the ambiguity of the current wording is not cohonest with the provisions of Article 15.1.a) ET, because the data of the annual funding does not mechanically attribute autonomy and substance to the contracted activity.

We consider, however, that hiring to impart areas or subjects to be extinguished by application of the educational legislation in force at any time, as well as to impart teaching at levels that the company has initiated the process of extinction and the total closure thereof, if it meets the requirements of autonomy and substance, as required by Article 15.1.a) ET, to the extent that the areas or subjects to be extinguished or the processes of extinction of the levels are fully identified when the specified work or service contracts are formalized.

As we anticipate above, the respondents admitted that imparting subjects that are not mandatory for the centres has become obsolete since the entry into force of the LOMCE, so we annul the paragraphs first and third of Article 18 of the Sixth Convention and we validate the second and fourth paragraphs.

CC. In addition, the UGT and the UGT report that the Joint Commission, composed solely of the signatories of the Convention, will be reserved for the determination in the conventional field of any other activity (teaching or non-teaching) which may be (a) to be covered by this contractual mode, contrary to Articles 28.1 and 37.1 EC, in conjunction with Article 85.3 ET, opposing the defendants, who argued that the function complained of is not a negotiating function but an adaptive one.

The case law, for all STS 1-04-2014, rec. 65/2013, which confirmed SAN 6-06-2012, has specified that the agreements of the Joint Commission should be limited to the interpretation and/or application of the agreement, but they are prohibited from amending, since their function is interpretative and/or This is the most important and peaceful criterion of the doctrine of the Chamber, for all of them SAN 24-09-2014, proced. 147/14.

Article 15 (1) (a) "in fine" ET entrusts to collective agreements, whatever their scope, the identification of those works or tasks with their own substantive activities within the normal business of the undertaking which may be cover with particular service or service contracts.

It seems clear, therefore, that the identification of jobs or tasks constitutes a negotiating function, which cannot be excluded from the trade unions legitimized for collective bargaining, whether or not they have signed the collective agreement, Therefore, it is not possible to go beyond the interpretation and administration of the Convention, given that the identification at issue cannot be entrusted to the Joint Committee, whose role, as we have previously seen, cannot go beyond the interpretation and administration of the Convention.

Seventh. -Article 23.1 of the VI Convention, which regulates vacancies, reads as follows:

" A vacancy is understood to be the status of a company on the basis of a worker's absence as a result of the extinction of its employment relationship.

1. Vacants among teaching staff:

(a) Vacancies occurring in Group 1 (Article 10) shall be covered among the staff of the same group, combining the capacity, qualification and aptitude with seniority in the enterprise.

In the absence of the employer's judgment, personnel who meet the above conditions, the vacancies will be filled in accordance with the legislation in force at any time.

b) At the agreed levels, the coverage of the vacancies that will occur will be made in accordance with the provisions of the current educational legislation. It may also be considered as a preferred criterion, including the list of centres for the relocation of centres affected by the abolition of concerted units. "

Article 9 of the Convention, which regulates the organization of work, provides that the discipline and organization of work is the specific faculty of the employer and shall be in accordance with the provisions of the Staff Regulations and other labor-scope provisions.

The plaintiffs claim that the reservation recognized by the employer violates the provisions of Articles 57 and 60 LODE, which recognize the School Board of the Concerted Centers to intervene in the selection of the faculty of the center, by approving the selection criteria for the same.

The plaintiffs argue that the School Board has the right to intervene at the agreed levels, but not in the others, which are precisely those regulated by Article 23.1.a) of the Sixth Convention.

The Chamber shares the demand of the defendants, as the intervention of the School Board in the selection of teachers is preached from the agreed levels, but not from those who are not, who are precisely those affected by the contested precept, which we fully validate.

Eighth. -Article 26 "in fine" of the Sixth Convention states: " Non-reading activities shall be distributed throughout the year by the employer in accordance with the criteria agreed between himself and the workers ' representatives. In the event of disagreement, the employer shall decide in accordance with Article 9 of this Convention. "

Plaintiffs again report that the distribution of non-reading activities is contrary to Articles 4.1.f) and 57,f) LODE and Articles 125, 127 and 129 LOE.

Article 4.1.f) LODE recognizes parents and guardians: "f) To participate in the organization, operation, governance and evaluation of the educational center, in the terms established in the laws."

Article 57,f) LODE grants to the School Board: "f) Inform and evaluate the general programming of the institution which, on an annual basis, will develop the management team".

Article 125 LOE 2/2006 reads as follows: " The educational establishments shall draw up at the beginning of each course an annual general programme which shall cover all aspects relating to the organisation and operation of the centre, including projects, curriculum, standards, and all agreed and approved action plans. "

Article 127.b) LOE entrusts to the School Board: "b) Evaluate the annual general programming of the centre, without prejudice to the competencies of the faculty, in relation to the planning and teaching organization."

Article 129.b) LOE entrusts to the faculty of teachers: "b) Approve and evaluate the concreteness of the curriculum and all the educational aspects of the projects and the annual general programming".

The Chamber does not share the complaints of the applicants, since the distribution of the non-teaching activities does not fall to the discretion of the employer, but is agreed with the representatives of the workers and only, when they do not reach agreement, the employer decides, as could not be otherwise, in accordance with the provisions of Article 20 ET, in relation to the provisions of Article 9 of the Sixth Convention, without prejudice to the intervention, corresponding to parents, guardians, Teachers and the school board, whose performance is more evaluative and consultative than in the proper decision.

Ninth. -The applicants contest Articles 53.3, 62a, 69 and additional provision 2. of the Sixth Convention, as soon as they exempt companies from the payment of salary remuneration, agreed in the agreement.

Article 53.3 of the VI Convention reads as follows:

" 3. Years 2015 to 2019. -The Negotiating Commission will approve the salary tables corresponding to these years according to what is established in their respective General State Budgets for each year.

The payment of these salaries on the payroll of the teaching staff in delegated payment corresponds to the competent educational administration. In no case shall the companies holding the educational establishments assume the payment of these amounts for this staff, not being obliged to do so.

The payment of the salary will be made for months due, within the first five days of the following month and within the working day. "

Article 62a of the Convention, which regulates the extraordinary pay for seniority of the teaching staff in delegated payment, says:

" Without prejudice to the right set out in the previous article, the staff on the delegated payment scheme shall receive this salary directly from the educational authorities through the delegated payment on the basis of the Budget availability of the concert modules. For ease of payment, the provisions of the eighth paragraph (b) and the eighth transitional provision shall be provided.

The credit will be conditional on the same being carried out by the corresponding educational administration. The companies will therefore not pay any amount for this concept.

In any event, the decisions or instructions of the competent administration or the agreements entered into shall respect the rights of the workers who have been generated during the period of deferment. "

Article 69 of the Convention, which regulates the temporary disability supplement, reads as follows:

" 1. General Case: All workers in temporary capacity and for the first 3 months, will receive the necessary supplement up to 100% of their total salary, including increases wages produced in the low period.

2. For the case of teachers included in the paid payroll of the corresponding educational administration, the perception of 100% of their total salary remuneration will be extended to the first seven months of the Incapacity Temporary.

3. In each case of the above mentioned, once the respective periods are exceeded, 100% of the total salary remuneration will be paid in proportion to one month more for each three-year period in the company.

The payment of the aforementioned supplement for temporary incapacity to the staff in delegated payment will be conditional on the same being carried out by the corresponding educational administration. Companies will therefore not pay any amount for this concept.

However, when an Autonomous Community changes these conditions according to their budgets or administrative decisions, the business and trade union organizations of this collective agreement will adapt this article in that scope to the new situation ".

Additional provision 2. of the VI Convention reads as follows:

" At the agreed levels, the competent educational administration is responsible for how many legal and salary obligations correspond to it, with its credit being conditioned to be carried out by it. Companies will therefore not pay any amount for these obligations and will therefore not be obliged to do so. Workers who consider these rights to be injured must complain to the relevant authorities, jointly against the relevant educational administration and the employer. "

The applicants report that the exemption from the liability of employers in the payment of agreed remuneration is contrary to the provisions of Article 37 (1) EC, in conjunction with Articles 4.2.f), 26, 29 and 82. ET and in Article 117.5 and 6 LOE.

The article 117 LOE, which regulates the concert modules, reads as follows:

" 1. The overall amount of public funds allocated to the support of the private institutions, in order to make the lessons to be provided free of charge effective, will be established in the budgets of the general public. corresponding.

2. For the purposes of distribution of the overall amount referred to in the preceding paragraph, the amount of the economic module per school unit shall be fixed annually in the general budget of the State and, where appropriate, in those of the Communities. Autonomous, not being able in these to be less than that which is established in the first in none of the quantities in which the said module is differentiated according to what is established in the next paragraph.

3. In the module, the amount of which will ensure that the teaching is delivered in terms of gratuitousness, will be differentiated:

(a) The salaries of the teaching staff, including the contributions for the employer's contribution to the Social Security corresponding to the centres ' holders.

(b) The amounts allocated to other expenditure, comprising those of administration and service personnel, the ordinary maintenance, maintenance and operation, as well as the amounts corresponding to the replacement of real investments. They may also be considered as deriving from the exercise of the non-teaching function. In no case shall the interests of own capital be taken into account. The above amounts shall be set with criteria similar to those applied to public institutions.

(c) The relevant amounts to pay attention to the payment of the seniority of the teaching staff of the private institutions which have been agreed and which have an impact on the social security contributions; payment of the replacement of the teachers and those arising from the exercise of the teaching directive; payment of the obligations arising from the exercise of the guarantees recognised by the legal representatives of the employees as laid down in Article 68 of the Staff Regulations of the Workers. Such amounts shall be collected in a general fund which shall be distributed on an individual basis between the staff of the agreed private institutions, in accordance with the circumstances of each teacher and applying similar criteria to those set for the teachers of public institutions.

4. The amounts corresponding to the salaries of the teaching staff referred to in the previous paragraph will enable the gradual equalization of their remuneration with that of the public teachers of the respective stages.

5. The salaries of the teaching staff shall be paid by the Administration to the faculty as a delegated payment and on behalf of the institution holding the institution, with a charge and on account of the amounts provided for in the preceding paragraph. To this end, the head of the centre, as an employer in the employment relationship, shall provide the Administration with the corresponding payroll, as well as any amendments thereto.

6. The Administration may not assume changes in staff costs and labor costs for teachers, resulting from collective agreements that exceed the percentage of the overall increase of the amounts corresponding to salaries to which it makes Reference to paragraph 3 of this Article.

7. Educational administrations will be able to increase the modules for the private centres which will be able to escort pupils with specific need for educational support in proportion to that established on a general basis or for the area in which they are ubicen.

8. The rules governing the scheme of concerts shall take into account the specific characteristics of the teaching cooperatives and the teachers without any employment relationship with the ownership of the centre, in order to facilitate the management of their economic and human resources.

9. The General Budget Law of the State will determine the maximum amount of the quotas that the centers with singular concert will be able to perceive from the families. "

The case law, for all STS 12-11-2012, rec. 84/2011, it has examined the responsibilities that correspond to the AA.PP. in the remuneration of the staff of the concerted centers in the following terms: " Precise it, as a starting point it has to be noted that the doctrine of the case (a) unanimous in determining the legal nature corresponding to the responsibility of the Public Administration in respect of the wages accrued in the educational institutions, stating repeatedly that the PA responds to the teachers of the salary debts generated by the work and teaching activity of these, even where he does not assume the role of an employer and is not, therefore, part of the employment relationship, limiting his obligation to a sort of delegated payment (SSTS 03/02/93 -rcud 1881/92-EDJ 1993/920 ... 10/02/02 -rcud 1285/01-EDJ 2002/61485; 09/05/03 -rco 90/02- EDJ 2003/81029; 31/10/04 -rcud 6669/03-EDJ 2004/278711; 21/09/09 -rcud 4404/08-EDJ 2009/234798; and 21/12/11 -rco 2/11-EDJ 2011/327218) ", as well as that" But the judgment of the Chamber is no less unanimous in holding-and here is where it plays decisive role that constitutional doctrine cited in the previous legal basis-that that (a) to the extent to which the modules are provided, the payment of which is compromised by the administration and the authorities accept the right of the teachers of the institutions to whom they are based, is not absolute; Private centres which decide to benefit from the concert scheme. And to this end, it has been argued that, although Articles 49 LODE (Organic Law 8/1985 EDL 1985/8789) and 76 LOCE (Organic Law 10/2002 EDL 2002/53949) provide that the salaries of the teaching staff of the centres " will be paid by the Administration to the faculty as a delegate payment and on behalf of the central entity ", in any case such precepts and several other (arts). 47 and 48 LODE; art. 75 LOCE; arts. 10 and 12 of RD 2377/85 EDL 1985/9683; and art. 133.4 EC EDL 1978/3879), as evidenced and proclaimed, that ' the overall amount of public funds allocated to the support of the concerted centres shall be established in the general budget of the State and, where appropriate, in those of the Communities. These are those that quantify "the economic module per school unit, for the purpose of the distribution of that overall amount", in such a way that the possible wage changes that can be produced through collective agreements between companies and workers, either to increase the wage concepts already regulated by the conventional standard, to create new ones, they can only be assumed by the Administration as long as they do not exceed the cited legal limit (specifically, the arts. 49.6 LODE, 76.6 LOCE and 13. 2 RD 2377/85 EDL 1985/9683) (recent, SSTS 29/06/06 -rec. 795/05-EDJ 2006/105743 ... 30/01/07 -rcud 4623/05-EDJ 2007/7455; 16/12/08 -rcud 4369/07-; 23/09/09 -rcud 297/07-EDJ 2008/178575; 21/09/09 -rcud 4404/08-; and 21/12/11 -rco 2/11-). Case-law which insists that the modules to which the payment is made are compulsory and accept the private centres which decide to benefit from the scheme (art. 47.1 and 2 LODE, 75. In the case of the Commission, the Commission has taken the view that the Commission's proposal is based on the principle of equal treatment for men and women. 48 LODE and 75.3 LOCE) "(SSTS 18/05/05 -rco 149/02-EDJ 2005/108951; and 21/12/11 -rco 2/11-)".

"1.4" Criteria that, as is logical, the reduction of economic modules by budget should be extended, so that the post-collective bargaining agreement exempts the Public Administration from taking over the amounts agreed in the Collective Agreement which exceed those modules, since ... the responsibility for the payment by the PA does not derive from the Convention, but from the legal provisions mentioned above and-in particular for the case of cars-from the rules of the Basque Country (art. 19 of Decree 293/87 EDL 198,692, of 8/September, which integrates the "Regulation of educational concerts"; DA Second of Decree 2889/1993 EDL 1993/18223, of 19 October, on " Implementation of the system of payment by delegation in private centres (c) the provisions of Article 27 EC EDL 1978/3879 shall be adopted in accordance with the procedure laid down in Article 27 EC. And because ... if the modules represent the maximum normative limit of the responsibility incumbent upon the Administration, this limit cannot be altered by a decision taken by the negotiating parties of the Collective Agreement, which will certainly be able to agree to the remuneration changes which they deem appropriate, but knowing that-whatever the time the collective bargaining takes place-'( t) agreements will lead to the implicit, in any case, the obligation of the employer to employ to take exclusive account of the quantities exceeding those legal modules, since they do not exist rule requiring the Administration to extend the established budgetary limit " (SSTS 18/05/05 -rec. 149/02-; 21/09/09 -rcud 4404/08-; and 21/12/11 -rco 2/11-) ".

The judgment above, relying, in turn, on STC-de plenum-58/1985, 30/April EDJ 1985/58) (SSTS 24/01/92 -rcud 1467/91-EDJ 1992/568 ...; 29/04/93 -rcud 459/92-EDJ 1993/3984 ...; 04/05/94 -rcud 3311/93-EDJ 1994/12130; and 28/09/11 -rco 25/11-EDJ 2011/242428), he argued, that the companies cannot fail to pay the remuneration agreed in collective agreement, because there would have been a minoring of the corresponding module.

We must then clear whether the exemption from business liability, contained in the contested provisions, infringes the provisions of Article 37.1 EC, in conjunction with Article 82.3 ET, to the we anticipate a negative response.

Our response is negative, because the remuneration, agreed upon in the agreement, was adjusted from the first moment to the budgetary limits of the AAPP responsible, be it the General Administration of the State, be the CC.AA. In the case of the Court of Justice, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice later the modules of the concert by the Administration, here the salary agreed it is limited from the start to the amount set out in the relevant module, which shall be met by the managing authority in a delegated payment, in accordance with the provisions of Article 1175 LOE.

addition, it has been proved that the negotiating committee of the Convention has approved, with the intervention of the CC.OO, the post-wage tables, in full compliance with the budgetary limits, and is therefore justified. In our view, we can reasonably say that companies are exempt from the payment of the tables, because the responsibility for the payment of remuneration is exclusively for the AAPs. In the case of the Commission, the Commission has not yet taken a decision on the matter. precepts cited above.

10th. -The transitional arrangement 8. th of the VI Convention reads as follows:

" Where an Autonomous Community justifies the inadequacy of the annual budget allocation for the payment of this pay for seniority in the undertaking, the effects of this collective agreement on Article 62 shall be immediately deferred until the Autonomous Community has a new annual budget allocation and issues the relevant resolutions or payment instructions, or until the business and trade union organisations acting by a majority of its Representativeness in the field of autonomy, and after compliance with the Administration competent education, reach an agreement in this respect, in accordance with the provisions of the eighth additional provision of this Convention. '

The complainants report that the postponement agreed, due to the budgetary insufficiency of the CCAA, is contrary to Article 37 EC, in conjunction with Articles 82, 4, 26 and 29 ET, without which we agree with the reproach, since it was expressly agreed in Article 62a, that the pay at issue would be paid directly by the educational authorities, by means of the delegated payment on the basis of the budgetary resources of the modules concerts, so that the suspension of the credit, where there is budgetary insufficiency, is constitutes a guarantee for the payment of the pay for the seniority of the staff concerned, even if it is delayed until there is a budget item, and it is revealing, for these purposes, that the CC.OO. admit such adjournment in the mediation reached with the SIMA on 22-04-2013.

Eleventh. -Article 77 of the Sixth Convention, which regulates the sectoral joint body for the promotion of safety and health at work in the sector of private education enterprises held in whole or in part with funds public, says the following:

" A specific body will be set up for the promotion of health and safety at work of a joint nature and state within the sector of private education companies, which are fully or partially supported by funds public, which will develop programmes with the aim of disseminating and reporting on the professional risks existing in the sector, as well as on the rights and preventive obligations of the employer and workers, and the promotion of actions preventive.

This body will assume all the competences provided for in the Spanish Strategy on Safety and Health at Work, and provisions for development, if any, and will carry out as many actions actions, planning visits, projects, reports, etc., are accurate, as well as an annual assessment to analyse the preventive effects of the programmes.

The organ is referred to as the "Sectoral Joint Body for the Promotion of Safety and Health at Work in the Sector of Total or Partially Held Private Education Enterprises with Public Funds."

The headquarters of the Sectoral Paritary Authority for the Promotion of Safety and Health at Work in the Sector of the Private Education Companies Total or Partly with Public Funds, is established in the registered office Education and Management (E and G).

The Joint Body is composed of the organisations which are signatories to this Convention and must have at least one representative for each of these organisations, the number of components being equal to the social part, as per the employer.

At the first meeting to be held, a President and a Secretary from among its members will be appointed, always leading the Presidency in a representative of the Patron and the Secretariat in a representative of the organizations. union.

The representatives referred to in the preceding paragraph may attend meetings accompanied by the advisors they deem necessary.

The members of the Joint Body shall be appointed and replaced, where appropriate, by the various business organisations which make up this body, and on the other hand, by the various trade union organisations which make up this body. Its members shall exercise their mandate of representation for a period of four years, and may be re-elected for a period of equal duration. "

The plaintiffs claim that their exclusion from the joint body infringes their right to freedom of association, as well as collective bargaining, secured by Articles 28.1 and 37.1 EC, opposing the defendants, who denied the conduct of business functions.

As we warn above, it is legitimate to exclude from the joint bodies, created by collective agreement, the trade unions entitled to negotiate the convention, which did not subscribe to it, provided their functions are interpretative, application or adaptive, while it is not legitimate if its functions are properly negotiable, for all STS 1-04-2014, rec. 65/2013, which confirmed SAN 6-06-2012 and SAN 24-09-2014, proced. 147/14.

We must then specify whether the functions entrusted to the Joint Body are negotiable or are not, to which we advance a negative response, as it is entrusted to only develop programmes with the objective to disclose and report on the occupational risks in the sector, as well as on the rights and preventive obligations of the employer and the workers, and the promotion of preventive actions, in the case of all information and promotional activities, the implementation of which will not require proper negotiation Without prejudice, it is clear that, if in the course of its activities, effective negotiations are carried out which will change the working conditions in the sector, the corresponding challenge, if not called for, is not called for. which has so far not happened, since, when negotiations have taken place on other matters, they have been called (fact sixth).

We therefore rule out the nullity of Article 77 of the Sixth Convention.

Twelfth. -The transitional provision 6. th of the VI Convention, reads as follows:

" The signatories to the Convention undertake to set up a commission for the adaptation of the professional classification to the requirements laid down by the legislation in force, as well as to the necessary adaptations of this Agreement to equality plans and new developments that could be established in the education laws. "

Professional classification systems are the task of collective bargaining, in accordance with the provisions of Article 22.1 ET, as well as equality plans, in accordance with Article 85.1 ET.

Consequently, if the components of the commission were to make modifications, which would go beyond the adaptation of the professional classification to the existing legislation, or introduce amendments to the convention, which would be Beyond their adaptability to the current legislation, as a result of the implementation of equality plans, they would be overrunning the limits of these commissions, in which case they should call the unions legitimized for negotiation.

When it doesn't happen, if the tasks don't behave properly more than adaptations, without really mediating negotiating activity, the commission would be right-adjusted.

Therefore, provided that the commission does not exceed the adaptive functions in the above subjects, it shall be right-adjusted.

13th. -In paragraph 1.1 of Annex II to the Sixth Convention, which regulates the remuneration of the first cycle of integrated child education is distinguished between teachers/teachers and technicians, hired after the duration of the the salary is 1,386.89 euros and 955.97 euros, respectively, of the previously hired, whose salary is 1,556,31 euros and 1,188,29 euros, respectively.

Plaintiffs report that the differential treatment violates their equal right, because it is justified only on the date of entry into the company.

The defendants defended, however, that the differential treatment does not bring cause at the date of the hiring, but in the respect of the conditions, which the workers were enjoying, as reflected in the Additional provision 7. of the Convention, which reads as follows:

" Workers who, at the entry into force of this collective agreement, are providing their services in the stage of Early Childhood Education, will retain the working conditions established for this educational stage at the 5th Collective agreement while providing services at this stage. "

The case-law, for all STS 15 -12-2008 EDJ 2008/272951 ROJ STS 7190/2008 has also ruled out that a differentiated seniority supplement can be consolidated on the basis of the date of entry under acquired rights, which is not a more beneficial condition, in the following terms:

" The doctrine on the question discussed has already been unified in the judgments of this Chamber, which have been referred to in the previous foundation, which, in short, establish that the double remuneration table, which is the result of a A collective agreement, not a private agreement or a business decision, conculcates the constitutional principle of equality, by not offering any objective and reasonable justification for that difference of treatment. It could be admitted-they point out these sentences by appointment of 21 December 2007-that those who entered before were recognised as a supplement for the amount until then charged, as a guarantee of acquired rights, but what is not It is acceptable that, from a certain date, different rights are to be generated in order to supplement seniority, since 'a differentiation clause which is not limited to retaining a certain amount of remuneration already received is rejected', but which establishes two different systems of remuneration of seniority. That is why we cannot accept the arguments of the Chamber of Appeal of origin because we are not faced with a more beneficial condition for the workers who had it, but it is a question of the establishment of a treatment. more favourable in the future, without any objective reason to justify that the benefit is not recognised to those who are in the same situation, except as regards the date of entry or the date of access to seniority.

In the same direction, the TS in judgment of 9-10-2008 EDJ 2008/203704, referring to the double pay scales and the acquired rights, has held the following: (a) that " it could be accepted that those who entered before were recognized as a single supplement and not compensated for the amount up to then collected and that from that day they would charge the same plus of seniority as the new income, but not it is acceptable that, from a given date, some will generate a plus of seniority by far greater than the number of others working the same number of years " (STS 06/11/07 -rcud 2809/06 EDJ 2007/223164-); and b) that a clause of (i) a distinction which ' is not limited to the retention of a certain amount of remuneration already received; (i) the establishment of a double-age-supplement table with dynamic calculation elements in each of its components, which is therefore intended to perpetuate the difference in remuneration for the mere fact of the date (STS 05/07/06 -rco 95/05 EDJ 2006/266053-, reproduced by 27/09/07 -rco 37/06 EDJ 2007/195079-).

Or what is the same, a clause of the collective agreement that guarantees acquired rights in terms of wages, can-in its case and according to the circumstances-have wilt of lawfulness and justify the difference of treatment, although not The absorption and compensation (simply desirable from the perspective of the principle of equality) is envisaged, but such a proclamation would be untenable if what the collective standard establishes is the maintenance for the future of a given regime legal, with time-enhanced persistence-of privilege. "

Therefore, it is credited that the differentiated remuneration brings cause only on the date of entry, since the additional provision itself 7. keeps the workers, previously employed, the conditions of the V Convention, which do not create more beneficial conditions, as we maintained in SAN 25-06-2009, proced. 95/2008, we must agree with the applicants, that paragraph 1.1 of Annex II to the Sixth Convention introduces a double wage scale, that the right of equality is bankrupt, as guaranteed by Article 14 EC, without the mere date of income, so we cancel this precept.

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

FALSE

In the demand for the challenge of the Convention, promoted by CC.OO., 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, Article 18 (1) and (3) of the Sixth Collective Agreement of private-education enterprises held in whole or in part with public funds, as well as the the joint committee on the identification of works and tasks which are likely to be contracted by means of the specified contract of work or service, as laid down in that provision.

We have also mentioned 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 Teaching Centres Commission Negotiator of the Convention, -FED-ACES- Spanish Federation of Social Economy Teaching Centres Negotiating Commission, -APSEC-Professional Association Servéis Educatius de Catalunya Commission Negotiating Convention, -ESESIE-Federation of Independent Trade Unions of the State Spanish Negotiating Commission, -USO-Federation of Education of the Union Workers 'Union Negotiating Committee of the Convention, -FETE UGT-Federation of Workers of the Teaching of the General Workers' Union, -IGC-Galega Interunion Confederation to be and to pass through these nullity to all the appropriate effects, absolving them of the remaining pediments of the demand in the terms established in the legal foundation.

Notify the parties of the present judgment by warning them that the Court of Justice of the Supreme Court, which may prepare before this Chamber of the Social of the National Court, may appeal to the parties against the same appeal. five working days from the notification, and may do so by means of a demonstration of the party or its Letter to the notified serle, or in writing lodged in this Chamber within the period specified above.

At the time of preparing before the Social Chamber of the National Court the appeal, the appellant, if he does not enjoy the benefit of free justice, must prove that he made the deposit of 600 euros provided for in the Article 229.1.b) of the Law on Social Jurisdiction, and, in the case of having been sentenced to the payment of any amount, have entered the amount to be condemned in accordance with Article 230 of the same legal text, all this in the current account that the Chamber has opened at Banco de Santander Branch of Barquillo Street, 49, if by transfer with the n ° 0049 3569 92 0005001274 by stating in the observations No 2419 0000 00 0294 14; if cash in account No 2419 0000 00 0294 14, it is possible to replace the cash entry for the insurance by bank guarantee, in which the liability of the guarantor is established.

The parties are also advised to prepare an appeal against this judgment, which, as provided for in Law 10/2014, of 20 November, as amended by the RDL 3/2013 of 22 February 2012, certain fees in the field of the Administration of Justice and of the National Institute of Toxicology and Forensic Sciences, with the written application of the appeal, shall be required to provide proof of payment of the fee for the financial year the judicial authority to which the rule of law is concerned, provided that no such rule is (a) the grounds for exemption for objective or subjective reasons referred to in that standard, which shall be met by means of self-settlement in accordance with the rules laid down by the Ministry of Finance and Public Administrations in Order HAP/2662/2012 ,of 13 December.

Take evidence of this statement to the original cars and incorporate it into the statement book.

So by our judgment we pronounce, send and sign.