Resolution Of May 10, 2012, Of The Directorate-General Of Employment, That Errors Are Corrected On The 16 Of April Of 2012, That Is Recorded And Published The Xiv Interprovincial Collective Agreement For The Trade Of Flowers And Plants.

Original Language Title: Resolución de 10 de mayo de 2012, de la Dirección General de Empleo, por la que se corrigen errores en la de 16 de abril de 2012, por la que se registra y publica el XIV Convenio colectivo interprovincial para el comercio de flores y plantas.

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Warned errors in the text of the collective agreement XIV interprovincial trade of flowers and plants, recorded and published by resolution of the General Directorate of employment from April 16, 2012, in the Official Gazette No. 105 of May 2, 2012.

This General direction resolves to proceed with the correction of these errors.

On page 33199, paragraph 3. Contract for training. There is, at the end of the paragraph, add the following paragraph: the remuneration corresponding to the / workers be» the same as provided in the third paragraph of this Convention.»

On the same page, paragraph 5. Contract for encouraging indefinite hiring. This section is worded in the following way: «enterprises may conclude contracts of building procurement indefinite in the assumptions and requirements which provides the available additional first of law 12/2001, in its current wording given by article 3 law 35/2010, 17 September, on urgent measures for the reform of labour (BOE of September 18) market.»

33201 page, article 14. Wages. This article is worded in the following way: "prevailing wages for the 2011 and 2012 will increase by % 1, specified in the table, in annex I, which shall apply with effect from 1 January of each year respectively.»

By 2013 the wages will have an increase of 0.6% with effect from 1 January. The increases referred to in the preceding paragraphs shall apply to all wage concepts wage tables of this Convention.

Wage revision clause: for the years 2011 and 2012, on the assumption that the real CPI exceeds 1.5% and, once known the actual CPI, will proceed to a pay review increasing all the retributive concepts of the Convention in the same percentage that there is difference between 1.5% and the actual CPI, with retroactive effect to 1 January of each of the years.

For the year 2013: the clause from updating applicable at the end of the year will be made in excess of the rate of annual variation of the Spanish general CPI for the month of December on the European Central Bank inflation target (2%). If the rate of annual variation of the Spanish general CPI for the month of December was higher than the rate of annual change in the HICP of the Euro zone in the same month, then the latter will be taken to calculate the excess. This fact occurs, the resulting amount would apply once. "If the average international price in euros of the Brent oil in December is at 10% higher than the price middle of the month of December preceding, to calculate the aforementioned excess inflation indicators mentioned excluding in both fuels and fuels will be taken as reference."

33201 page, article 17. Clause of pick up. This article is worded in the following way: «in order to achieve the necessary economic stability, the percentages of salary increase agreed, including the pay review that could proceed on the basis of the provisions of article 14, will not be necessary and required application for those companies that are given the circumstances referred to in article 82.3 of the Statute of workers i.e. when the company has a persistent decrease in their income level or their situation and economic prospects could be damaged as a result of such application, affecting the chances of maintaining employment in the same.

However, and with no limitation, means that such circumstances for those companies who prove objectively and truthfully, situations of deficit or loss maintained in the accounting period of the previous year concur. Likewise, forecasts shall be taken into account for the year (s) entry into force of the Convention.

Companies claiming such circumstances, must be submitted to the representation of workers accurate documentation (balance sheets, statements of income, tax of societies, in your case statement Auditors report, as well as the measures and forecasts to contribute to the viability of the company's future) that justifies a differentiated salary treatment. In this sense, in those of less than 25 workers, and economic cost that this entails, Auditors report shall be replaced by the documentation that is accurate within the designated above to demonstrate, truthfully, the situation of loss.

Information to present, will include detailed information on the incidence of wages in the economic progress of the company.

Representatives of workers or in the absence thereof, a Commission appointed by the workers, are required to treat and maintain the largest reserve received information and data that has had access as a result of the provisions of the preceding paragraphs, noting, therefore, with respect to this, professional secrecy.

Companies affected by the provisions of the preceding paragraphs is subject or not to revise the salaries during the current year according to what is specifically agreed between the company and the representatives of the workers in the bosom of the same, and should be to record such decision in the document containing the agreements.

The regulation is referred to cases of non-application of the annual wage increase, what will not be obstacle so companies during the term of the collective agreement can go to the procedure of pick up salary when the assumptions and the terms and conditions regulated in article 82.3 of the Statute of workers.

To be eligible for the clause of non-implementation of the agreed increase of this article, companies must notify the representatives of the workers its intention to do so within the period of 30 calendar days since the publication of the Convention in the «Official Gazette», or in his case, from the concurrence of the so-called considered in article 82.3 of the Statute of workers.

Also sends a copy of this communication to the Joint Commission, communicating such situation, which ensure compliance with accurate, on their own terms, of the provisions of this Convention. In any case, the intervention of the Joint Commission fit to the knowledge of the development and implementation of the agreed process without interfering in the knowledge of details of the undertakings which could be qualified as strictly confidential, corresponding salary negotiation of such exceptional situations the company and representatives of the workers of the same or , where appropriate, the Commission designated by them.

Produce agreement in the negotiations between the company and workers representatives, this must be reported to the Joint Commission. In the event of a disagreement, after 30 calendar days of negotiation in the company, the parties may jointly request the Joint Commission mediation or arbitration. Requested such mediation or arbitration should be referred to the Joint Committee sufficient documentation so that it may rule. If in the opinion of the Commission submitted documentation is not sufficient to be able to decide will go to Parties requesting expansion or clarification of it. In the event not lead the mediation agreement, the Joint Commission can arbitrate to establish the increase in application to the company.»

33217 page, article 41. Equality in the flowers and plants company plans. (6) is drawn up in the following way: "template is attached as annex III.»

33222 page. Article 49. Joint Commission. Paragraph 5. Suppresses paragraph 4th, where it says: "those companies not adhering to the signatory employer organization of the Convention who wish to formulate queries or need the intervention of the Joint Commission, must be at the same time to formulate your query or request such intervention sent the amount of €150 (one hundred fifty euro) by carried out consultation to help defray the expenses."

Madrid, may 10, 2012.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.

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