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Resolution Of April 26, 2012, Of The Directorate-General Of Employment, Which Is Recorded And Published The Extension And Modification Of The Collective Agreement Of Trade Act To The Wholesale And Industrial Chemicals Importers, Of Drogue...

Original Language Title: Resolución de 26 de abril de 2012, de la Dirección General de Empleo, por la que se registra y publica el acta de prórroga y modificación del Convenio colectivo de comercio al por mayor e importadores de productos químicos industriales, de drogue...

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TEXT

Having regard to the text of the minutes containing the agreement for the extension and amendment of certain articles of the Collective Agreement on wholesale trade and importers of industrial chemicals, drogeries, perfumery and Annexes (Convention code number 99001095011981), which was signed on 10 April 2012, by the business associations FEDEQUIM and FEMPDA on behalf of the companies in the sector, and by the trade union organisations CHTJ-UGT and FITEQA-CC. OO., 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 the Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the said act in the corresponding Register of collective agreements and agreements working through electronic means of this Management Center, with notification to the Commission negotiation.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, April 26, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

ACT OF EXTENSION AND AMENDMENT OF THE COLLECTIVE AGREEMENT OF WHOLESALE TRADE AND IMPORTERS OF INDUSTRIAL CHEMICALS, DROGERIES, PERFUMERY AND ANNEXES

In Madrid, at 1 p.m. on April 10, 2012, they meet at the headquarters of FITEQA-CC. OO. in Plaza de Cristino Martos, number 5, Madrid, the Negotiating Commission of the collective agreement of wholesale trade and importers of industrial chemicals, and of drogery, perfumery and annexes that are listed below:

For Business Representation:

Don Juan José Meca Saavedra.

Don José Luis Penalver Pérez.

Don Agustin Benavent González.

Don Antonio Manzanares Noguera.

By the State Federation of Trade, Hostels, Tourism and Gaming Workers (CHTJ-UGT):

Dona Lola ten Garcia.

Don Roberto Soriano Gil.

Don Javier Jiménez de Eugenio.

By the Federation of Textil-Piel Industries, Chemical Industries and Workers ' Commissions, (FITEQA-CC.OO):

Dona Pilar García Torres.

Don Benito Pérez Pérez.

Don José Carlos Iglesias Monteagudo.

Don Miguel Angel Entonado La Torre.

That the undersigned organizations signed on 27 July 2011 the text of the Collective Agreement for Trade in the Wholesale and Importers of Industrial Chemicals, and of Drogueria, Perfumería, which is valid for the years 2011 and 2012.

That in terms of increases and salary revisions were agreed upon, respectively, in Articles 44 and 45, within the bands that for those years recommended the I Agreement for Employment and Collective Bargaining (AENC) signed between CEOE, CESME, CC.OO. and UGT for the years 2010, 2011 and 2012 dated 9 February 2010, which served as a clear and effective reference for the signatory organisations in the negotiation of the said Convention.

In particular, and by 2012, the agreed increase was the medium of the band that was recommended in the I AENC quoted above (2%).

That on January 25, 2012 CEOE, CESME, CC.OO and UGT signed the II AENC for the years 2012, 2013 and 2014, with a series of criteria in terms of salary and where it is also incorporated as novelty, a series of agreements on the structure of collective bargaining, internal flexibility, and negotiated implementation of conditions agreed in sectoral agreements.

Both representations in this act, recognizing the initial and full legitimization to make decisions of general effectiveness in the functional scope of the Convention, gathered to analyze the possible incidence that they may have had These amendments have reached the following agreement to amend and extend the text of the collective agreement on wholesale trade and importers of industrial chemicals, and to the use of drugstore, perfumery and annexes, approved by Resolution of the Directorate-General for Work of 23 November 2011 and published in the Bulletin Officer of the State of 15 December 2011.

" Article 4. Temporary scope.

This Convention shall enter into force on the basis of its publication in the Official Gazette of the State. Its duration shall be until 31 December 2014.

The economic effects will be rolled back to January 1, 2011 for the first year of its term, January 1, 2012 for the second year of validity and in a single payment on the difference resulting from the wage revision. of the years 2013 and 2014, to be perceived in January 2015.

The payment of any salary arrears accrued on the occasion of the economic retroactivity shall be paid within one month from the day of publication in the "Official Gazette of the State", or before by agreement with the employees ' representatives.

However, the undersigned organisations recommend to their partners the immediate application of the economic effects of this Convention.

This Convention shall be deemed to be denounced without the need for media communication, both parties committing themselves to initiating the negotiation of a new Convention in the month of November 2014. At the first meeting after the negotiating table, the negotiating proposals shall be drawn up by the parties and the timetable for meetings shall be fixed.

If the negotiation between the parties exceeds the legally established maximum period, the parties will be subject to the procedures established in the Interconfederal Agreements on the Extrachautive Settlement of Labor Conflicts in the form that is legally determined. "

Article 42a. Guaranteed minimum wages for the period 2012-2014.

The following SMG table is set for the period 2012-2014:

Group I: EUR 14.432.00.

Group II: 14.987.00 euros.

Group III: EUR 15,404.00.

Group IV: EUR 15,820.00.

Group V: EUR 16,513.00.

Group VI: EUR 18,456.00.

Group 0: EUR 20,398.00.

Review of wages for training contracts for that period.

According to the content of Article 23.5 contracts for the formation of the current convention, the review of the amounts contained in the said article is carried out, from 9,442,00 euros a year, when the worker devotes 15% of their working time to receive theoretical training, and in each full day it will be 11,109.00 euros per year.

Also, the calculation basis for seniority is maintained in 2013 and 2014 at 410.00 euros.

Article 45. Salary review clause 2012.

In the case that the Consumer Price Index (CPI) established by the INE registered at December 31, 2012, a variation on the percentage of increase initially agreed for that year (2%) will be made wage revision as soon as this circumstance is officially recorded in the variation on the indicated figure.

The increase in salaries as appropriate will be carried out with effect from the month of the year in which the monthly cumulative CPI exceeds the initially agreed increase figure for the financial year 2012 (2%), serving as the basis for calculation for the salary increase of 2013 and to carry out the same, the bases used to carry out the increases agreed in that year will be taken as a reference.

In the event that the actual CPI is lower relative to the percentage of increase initially agreed for 2012 (2%), the return of wages will not be carried out and will not affect this circumstance for the purposes of the calculation of the salary increase for the year 2015.

Pay Review Clause 2013-2014.

In the event that the sum of the consumer price indices (CPI) established by the INE of the years 2013 and 2014 is recorded at 31 December a change from 2%, a wage revision will be carried out as soon as possible. Officially state that circumstance in the variation on the indicated figure with a ceiling of 1,2%.

The increase in salaries, which will be the result of a 1.2% ceiling, will serve as the basis for the calculation of the salary increase for the year 2015, if the increase in GDP at constant prices in 2014 is greater than 1% and To be carried out will be taken as reference the final salaries of the year 2012. Otherwise, this circumstance will not occur.

Arrears if they proceed through such review, will be performed on a single payment.

Crisis situations

The companies affected by this Collective Agreement will give priority in the process of readjustment of the template to the internal and external mobility processes (moving/displacements), as well as to assume the organizational changes and flexibility, which are regulated in this Convention, in respect of the use of the flexible hours bag, which will enable the existing resources to be used properly. In any case, the options identified will be the subject of negotiation with the legal representatives of the workers.

Companies assume the commitment to use the employment regulation files as the last ratio and not without having exhausted the internal procedures and means of reconciliation and mediation in line with the above mentioned in the paragraph previous.

In this regard and prior to the formal presentation of the procedures of Article 51 of the Workers ' Statute, the representatives of the workers in the company will be articulated, systems of information to the object to avoid as far as possible the use of such procedures. All this, without prejudice to the final presentation of the same by the company's management.

In drawing up plans for the crisis situations referred to in Article 51 of the Workers ' Statute (extinction of contracts for economic, technical, organizational or production causes), companies assume the need to establish, in order to deal with such issues, a plan in which to make the own and market data that justify the proposed measures, to make an appropriate diagnosis and to propose alternatives to the the situation raised in such a way that the extinction of contracts will always be constituted in the last of them. To these effects the Directorates of the companies will have to consult previously with the representatives of the workers, according to the Law, the contents of the plan with the encouragement and will to obtain the possible agreement in relation to the solutions more effective to the problems raised.

Substantial modification of working conditions

As regards the arrangements, procedure, rights of consultation of workers ' representatives and the effects of substantial changes in both individual and collective working conditions will be at the same time. Article 41 of the Staff Regulations.

Under Article 41.4 of the Workers ' Statute, the procedure to be followed for the modification of the conditions referred to in paragraphs 5 and 6 of Article 41 shall be the next:

At the beginning of the 15-day consultation period, the company will provide the representation of the workers in writing with the information justifying the measure, the objectives to be met, the impact of the measure on the progress of the undertaking and/or employment, as well as the measures necessary to mitigate the consequences for the persons concerned and to assess in a specific manner the occupational risks which may result from the substantial changes of working conditions to be implemented.

By mutual agreement, the consultation period may be extended to a maximum of 30 days.

Likewise, the parties may at any time replace by agreement the period of consultation referred to in Article 41.4 of the Staff Regulations by the mediation and/or arbitration of the Joint Committee of the Present Convention.

The agreement that will be reached will detail the information systems towards the representation of workers in reference to the effective implementation of the measure, as well as the level of compliance with the objectives set.

In the event of disagreement, the parties shall request mediation or, where appropriate, the arbitration of the Joint Commission in the terms set out in Articles 79 et seq. of this Convention.

However, in the cases of substantial modification of working conditions referred to in Article 41.5 of the Workers ' Statute, the application of the mediation and arbitration procedures referred to in the The above paragraph shall not interrupt the application of any modifications ordered by the Management of the Company after the period of consultation has been exhausted. In the event of the eventual implementation of these changes, the parties concerned shall be informed in advance of any new risks and the adjustments to the occupational risk prevention plan shall also be made.

The intervention as interlocutors to the company's management in the consultation procedure will be the responsibility of the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

In the cases of absence of legal representation of workers in the company, this will be understood to be attributed to the most representative and legitimized trade unions to be part of the Negotiating Commission of the present Collective Agreement and unless workers decide to attribute their representation to a commission made up of workers of the company designated in accordance with Article 41.4 of the Workers ' Statute.

No substantial modifications of individual or collective working conditions that contravene the regulation of conditions contained in this Convention and/or developed in collective agreements or covenants shall be possible. the purpose of which is to ensure the principle of equal opportunities for women and men and not discrimination on grounds of sex, or where they entail a loss of dignity.

The parties expressly authorize Don Adrián Lozano Lozano, with DNI 46881397-Z for the purposes of registration and application for registration and publication in the "Official State Gazette" in the form that legally corresponds.

Read the minutes they find as signed by the interested parties on the day and related "up supra" date indicated above.