Resolution Of 17 May Of 2012, Of The Directorate-General Of Employment, Which Is Recorded And Published The Agreement About The Extraordinary Pay By Seniority Corresponding To The Community Autonomous Of The Principality Of Asturias Of The V Convention...

Original Language Title: Resolución de 17 de mayo de 2012, de la Dirección General de Empleo, por la que se registra y publica el Acuerdo sobre la paga extraordinaria por antigüedad correspondiente a la Comunidad Autónoma del Principado de Asturias del V Convenio colectiv...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7563

Seen the text of the agreement on the extraordinary pay by seniority corresponding to the autonomous community of the Principality of Asturias referred by the Joint Commission of the V Convention collective sustained private education companies total or in part with public funds (Convention code no. 99008725011994) pursuant to the provisions of the additional provision octave of the abovementioned Convention, which was signed with date March 23, 2012 , of a part by EyG and CECE on behalf of the sector, and other companies by unions FETE-UGT, CC. OO, OTECAS, use and FSIE on behalf of workers, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995, of 24 March, and in Royal Decree 713/2010, 28 of may, on registration and deposit agreements and collective labour agreements , This Directorate-General of employment meets: first.

Order the registration of the agreement in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Joint Commission.

Second.

Have your publication in the «Official Gazette».

Madrid, 17 may 2012.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.

AGREEMENT on LA pay extraordinary by antiquity in the company provided in the V Convention collective of companies of teaching private sustained TOTAL or partially with funds public in Oviedo, to 23 of March of two thousand twelve, assembled in the meeting room from the Ministry of education and universities, by the administration of the Principality of Asturias, the Minister of education and universities , Mrs. Ana Isabel Álvarez González, by the trade union organizations: Mr. Juan Luis González Díaz, on behalf of OTECAS, D. Adolfo Congil Alonso on behalf of use, D. José López-Sela Fernández-Caveda representing FSIE, D. Daniel Pedro Rodríguez Vázquez on behalf of FETE-UGT, D. José Manuel Menéndez González on behalf of CCOO; by the employers: D. Carlos Robla Pérez, on behalf of education and management, and D. Víctor Manuel Álvarez Busto, in representation of CECE, agree to formalize the signature of the agreement on the extraordinary pay by seniority in the company provided for in article 61 v Convention collective sustained private education companies total or partly with public funds , pursuant to the following sections: first. Subjective scope.

The Ministry of education and universities be paid extraordinary pay by seniority in the company established in article 61, the additional provision in eighth and the first transitional provision v Convention collective sustained private education companies total or in part with public funds (hereinafter V Convention) teachers of concerted units included in executive pay in the form and conditions provided for in this agreement.

Second. Extraordinary pay by seniority.

A single extraordinary pay by seniority in the company throughout working life, which will be paid in a single payment - incompatible with awards of retirement, fidelity and permanence - and through their inclusion in the Executive payroll or by the procedure determined for those who at the time of the payment do not appear in the Executive payroll is accrued application for withholding of income tax and Social Security.

Third party. Requirements.

To be eligible for the perception of the extraordinary pay, teachers total sustained private education or partly with public funds must meet the following requirements: 1. be included in the payroll date of accrual, which must be in the period of the 5th Convention delegate.

2. not have been perceived previously pay by seniority in the company provided for in article 61 of this 5th Convention or other.

3. have a 25 years old in the same company or found in one of the situations referred to in the first transitional provision of the Convention; (namely: to) have generated the right in the Fourth Convention.

b) have completed 56 or more years to the entry into force of the Convention V and reach at least 15 years in the company and less than 25 throughout his life.

(c) have been replanted under cover of arrangements of centers affected by non-renewal of the educational concert and be providing its services in a concerted Center, provided has been recognised them for the educational administration, exclusively to economic effects, antique generated prior to the current Center.

(d) have terminated his contract for any of the causes provided for legally, during the term of the agreement V, provided that the necessary requirements are met.

Room. Date of accrual.

The date of accrual will be, as the case may be: 1. the day that met the twenty-five years of seniority in the company, if it is subsequent to the entry into force of the Convention V.

2. the day which is reached, at least 15 years old and less than 25, in the case of teachers that the entry into force of the Convention V have completed 56 years of age, as provided for in the second paragraph of the first transitional provision of the Convention V.

3. on 17 January 2007, date of entry into force of the Convention V, in the case of teachers in executive pay that generated the right in the Fourth Convention.

Fifth. The extraordinary pay calculation.

1. the extraordinary pay by seniority in the company consist of a one-time payment equivalent to many monthly payments as five-year periods from antiquity have the teacher at the time of the payment.

2. the monthly reference for the calculation of the amount of pay will be - at the option of the worker - the month of the accrual or manure, in the concerted part. The salary, seniority and salary character add-ins included in the Executive payroll for that month are multiplied by the five met at the time of the payment. The application of this calculation will be incompatible with the use of the courts by workers.

3. in the case of that faculty who, having earned pay, terminated his contract of employment for any of the causes provided for legally or pass to the situation of partial retirement, this monthly payment may be - to its choice - of the accrual month or the prior to the termination of the contract or to the partial retirement.

Sixth. Procedure.

1 applications. Requests shall be addressed to the Ministry of education and universities through instance in the model that is included as annex I.

2 times. To be eligible for the provisions in this Agreement requests must be submitted in the deadlines listed below: a) sixty days, counted from the day following the publication of this agreement in the «Bulletin official of the Principality of Asturias», for those teachers who have reached the age requirement prior to the publication of this agreement.

(b) sixty calendar days, counting from the day following the fulfillment of the requirement of seniority in the enterprise, for teachers who meet this requirement after the publication of this agreement and during the term of the agreement V.

3. documentation. To request the following documents shall be accompanied: a) in the case of teachers in active, certification of ownership of the company, where it is recorded time spent in the same.

(b) in other situations, working life certificate updated to the date of the request for the extraordinary pay and creditors form completed.

4. processing.

to) the administration of education communicate the detected defects or insufficient documentation to worker and if the ownership of the Center so that appropriate to its correction.

(b) before payment of pay the Ministry of education and universities will require stakeholders so that within 10 days they communicate the choice referred to in points 2 and 3 of the fifth section of this agreement.

Seventh. Payment calendar.

1 payment of the extraordinary pay by seniority in the enterprise that teaching staff in executive pay, which has generated the right to the same during the term of the agreement V will be held from June 2012 and until the end of the period of validity of this agreement or its extension, as follows: to) before December 31, 2012, for those teachers whose chargeable event occurred until September 2008 inclusive.

(b) prior to December 31, 2013, for those teachers whose date of accrual has been between October 2008 and December 2009, both inclusive.

(c) before the 31 December 2014 for those teachers whose date of accrual has been in 2010 and 2011.

(d) before December 31, 2015 for those teachers whose date of accrual has been in 2012 and 2013.

2 where the VI Convention was not published in the month of January 2014 and decides the extension of this agreement, the payment schedule will be completed, heard the Advisory Committee, using the antiquity of affected teachers and according to budgetary availability as a priority criterion.

Eighth. Follow-up Committee.
1. the parties undertake to comply with the provisions in this agreement and, accordingly, shall take the necessary actions for this purpose. This, will create an Advisory Committee that will be composed of a representative of each of the organisations that signed the agreement and equal number of representatives from the Administration, of whom one shall act as President and another as Secretary. The vote of the President will be deciding in the event of a tie.

2 the functions of this Commission, to be constituted within 30 days of the date of the signing of the agreement, shall be as follows: to) keep track of the calendar of manuring established in seventh paragraph and, where appropriate, agree extension of the term agreement in the terms following ninth point.

(b) know and inform the degree of compliance with the agreement.

(c) addressing allegations that are produced by the application of this agreement.

3. the follow-up Committee can provide standards of operation that it considers appropriate and shall meet as often as is necessary for the fulfilment of its purposes and at least once a year.

Ninth. Validity and extension.

This agreement shall be effective from the day of its signing until December 31, 2015, that the Advisory Committee may agree to extend this period according to the date of entry into force of the sixth Convention and of budgetary availability, which, in its case, must be approved by the Governing Council.