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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...

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Having regard to the text of the Agreement on the Special Pay for Seniority Corresponding to the Autonomous Community of the Principality of Asturias referred by the Joint Commission of the Fifth Collective Convention of Private Education Companies held in whole or in part with public funds (Convention Code n ° 99008725011994) giving compliance with the provisions of the additional eighth provision of the said Convention, which was signed on 23 March 2012, by EyG and CEEC representing companies in the sector, and the other by the trade unions FETE-UGT, CC.OO, OTECAS, USO and FSIE on behalf of the workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and in Royal Decree 713/2010 of 28 May on the registration and deposit of collective labour agreements and


This Employment General Address resolves:


Order the registration of the said Agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Commission Peer.


Arrange your publication in the "Official State Bulletin".

Madrid, May 17, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.


In Oviedo, twenty-three March of two thousand twelve, gathered in the Board of Directors of the Department of Education and Universities, by the Administration of the Principality of Asturias, the Counselor of Education and Universities, Dna. Ana Isabel Álvarez González, by the Trade Union Organizations: D. Juan Luis González Díaz, representing OTECAS, D. Adolfo Congil Alonso on behalf of USO, 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 ' organisations: Mr Carlos Robla Pérez, representing Education and Management and Mr Victor Manuel Alvarez Bust, representing CECE,


Formalize the signature of the Agreement on the extraordinary payment for seniority in the company provided for in Article 61 of the Fifth Collective Agreement of private education companies held in whole or in part with public funds, with the following paragraphs:

First. Subjective scope.

The Department of Education and Universities shall pay the extraordinary pay for seniority in the undertaking set out in Article 61, in the eighth additional provision and in the transitional provision of the Fifth Collective Agreement of private-education undertakings fully or partially supported by public funds (hereinafter referred to as the V Convention) to the teaching staff of concerted units included in delegated payment, in the form and conditions provided for in this Agreement.

Second. Extraordinary pay for seniority.

A single extraordinary pay-per-age pay will be earned in the company throughout the working life, which will be paid in a single payment-incompatible with retirement, fidelity or permanence awards-and through its inclusion in the A delegated payment payroll or the procedure to be determined for those who do not appear on the payment payroll at the time of the payment, the corresponding IRPF and Social Security deductions being applicable.

Third. Requirements.

To be entitled to the perception of the extraordinary pay, the teaching staff of the fully or partially supported private education with public funds must meet the following requirements:

1. To be included in the payroll of the delegate on the date of accrual, which shall be in the period of validity of the V Convention.

2. Not to have previously received the payment for seniority in the company provided for in Article 61 of this V Convention or others.

3. To be 25 years old in the same undertaking or to be in one of the situations referred to in the first transitional provision of the Convention; namely:

a) Haber generated the right in the IV Convention.

(b) To be completed 56 or more years after the entry into force of the Fifth Convention and to achieve at least 15 years of age in the company and less than 25 years.

(c) Having been relocated under the agreements of the Centres concerned by the non-renewal of the educational concert and providing services in a concerted centre, provided they have been recognised by the Administration Educational, exclusively for economic purposes, the age generated prior to the current center.

d) To terminate your contract of employment for any of the legally provided causes, during the term of the V Convention, provided that the required requirements are met.

Fourth. Date of accrual.

The accrual date will be, as the case may be:

1. The day on which the twenty-five years of seniority are fulfilled in the enterprise, if it is after the entry into force of the Fifth Convention.

2. The day in which an age of at least 15 years and less than 25 years is reached, in the case of teachers who, at the entry into force of the Fifth Convention, are 56 years of age, as provided for in the second paragraph of the first transitional provision of the V Convention.

3. On 17 January 2007, the date of entry into force of the 5th Convention, in the case of the delegated payment teachers who generated the right in the Fourth Convention.

Fifth. Calculation of the extraordinary pay.

1. The extraordinary payment for seniority in the company will consist of a single payment equivalent to as many monthly payments as the number of years of age the teacher has at the time of the payment.

2. The reference value for the calculation of the amount of the payment shall be-at the worker's option-that of the month of the accrual or of the credit, in the concerted part. The salary, seniority and salary supplements included in the payroll of the delegate of that month are multiplied by the five years completed at the time of the payment. The application of this calculation shall be incompatible with the use of the judicial route by the workers.

3. In the case of those teachers who, having accrued the pay, extant their employment contract for any of the causes legally provided for or move on to the situation of partial retirement, such monthly allowance may be-at their choice-that of the month of accrual or the one before the termination of the contract or the partial retirement.

Sixth. Procedure.

1. Applications. Applications shall be addressed to the Department of Education and Universities by instance in the model which is included as Annex I.

2. Deadlines. In order to be eligible for this Agreement, applications must be submitted within the time limits set out below:

(a) Sixty calendar days, counted from the day following the publication of this Agreement in the "Official Gazette of the Principality of Asturias", for those teachers who have reached the age requirement with prior to the publication of this Agreement.

(b) Sixty calendar days, from the day following the fulfilment of the seniority requirement in the undertaking, for the teaching staff who fulfil that requirement after the publication of this Agreement and during the life of the V Convention.

3. Documentation. The application shall be accompanied by the following documentation:

a) In the case of active teachers, certification of the ownership of the company, where the length of stay in the company is recorded.

b) In the other situations, certificate of work life updated to the date of the request for the extraordinary pay and completed creditors ' tab.

4. Processing.

(a) The Educational Administration shall communicate the detected defects or insufficient documentation to the worker and, in his case, to the ownership of the centre for its purpose.

(b) Before the payment of the payment, the Department of Education and the Universities shall require the persons concerned to communicate the choice referred to in points 2 and 3 of the fifth paragraph of this Agreement within 10 days.

Seventh. Credit schedule.

1. The payment of the extraordinary payment for seniority in the company to that teaching staff in delegated payment, which has generated the right to the same during the validity of the V Convention will be carried out from June 2012 and until the end of the period of validity of this Agreement or its extension, according to the following timetable:

(a) Before 31 December 2012 for teachers whose accrual has occurred until September 2008 inclusive.

b) Before 31 December 2013 for those teachers whose accrual date was between October 2008 and December 2009, both inclusive.

c) Before 31 December 2014 for those teachers whose accrual date has been in 2010 and 2011.

d) Before 31 December 2015 for those teachers whose accrual date has been in 2012 and 2013.

2. In the event that the VI Convention has not been published in January 2014 and the extension of this Agreement is decided, the payment schedule shall be completed, the Monitoring Committee shall be heard, using as a priority criterion the age of the The teachers concerned and the available budgetary resources.

Eighth. Monitoring committee.

1. The signatory parties undertake to comply with the provisions of this Agreement and shall therefore take the necessary action to this end. Thus, a Monitoring Committee will be set up to be composed of a representative of each of the organizations that are signatories to the Agreement and by the same number of representatives from the Administration of which one will act as President and another as Secretary. The vote of the President shall be settled in the event of a tie.

2. The functions of this Commission, which shall be constituted within 30 days of the date of signature of the Agreement, shall be as follows:

(a) Track the credit application schedule set out in paragraph 7 and, where appropriate, agree to extend the period of validity of the Agreement in the terms of the following ninth point.

b) Know and report on the degree of compliance with the Agreement.

c) Understand the allegations that are made by the application of this Agreement.

3. The Monitoring Committee may be provided with the operating rules it deems appropriate and shall meet as many times as necessary for the fulfilment of its purposes and at least once a year.

Ninth. Validity and extension.

This Agreement shall apply from the date of its signature until 31 December 2015, without prejudice to the fact that the Monitoring Committee may agree to extend that period on the basis of the date of entry into force of the Sixth Convention and of the budgetary resources, which, if appropriate, must be approved by the Governing Council.