Key Benefits:
Having regard to the text of the XXII Collective Banking Convention (Convention Code number 99000585011981), which was signed, dated March 14, 2012, by the Spanish Banking Association, representing the companies of the sector, and of another by the trade union organizations Federation of Financial and Administrative Services of CC.OO and State Federation of UGT Services, representing the affected labor collective, and in accordance with the provisions of the article 90, paragraphs 2 and 3 of the Staff Regulations Act, recast text approved by Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May 2010 on the registration and deposit of collective agreements and agreements
This Employment General Address resolves:
First.
Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.
Second.
Arrange your publication in the "Official State Bulletin".
Madrid, April 19, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.
XXII BANKING COLLECTIVE AGREEMENT
CHAPTER I
General provisions
Article 1. º Preliminary Disposition.
1. References in the following articles to the "convention" without further specification shall be construed as references to this Collective Agreement.
2. Where the present Convention refers to 'Companies' without any other precision, the banking undertakings to which the Convention affects, in accordance with Article 2 (2) thereof, shall be understood.
3. The "personal" and "workers" expressions used in the following Articles comprise all the employees included in the groups referred to in Article 7 of the Convention, except in the context of the articles referred to in Article 7. only to some or some of those groups.
Article 2. Application Scope.
This collective agreement regulates and will be mandatory for the employment relationships between the banking companies, the Banking Clearing Chambers and how many companies use the denomination of the Bank being their business. the banking company, and the staff with effective employment links on 1 January 2011 or who subsequently enter.
The functions of High Direction, High Government or High Council are excluded, characteristics of the following positions or other similar positions: Director General, Director or Manager of the Company, Deputy Director General, Inspector General, Secretary-General. In any case, for exclusion it is essential that their remuneration be higher than the maximum rate laid down in this Convention.
Your territorial scope will be limited to the entire state.
The work provided by Spanish workers hired in Spain at the service of Spanish banking companies abroad will be regulated by the contract concluded with strict submission to Spanish legislation.
This worker will have at least the economic rights that would correspond to working in Spanish territory.
The worker and the employer may submit their disputes to the Spanish jurisdiction.
Article 3. previous Conventions.
Replaces this Convention with the previous one, approved by the General Directorate of Work by Resolution of 1 August 2007 and published in the "BOE" of 16 August of the same year.
Article 4. º Vigency of the Convention.
The duration of this Convention shall be extended from 1 January 2011 to 31 December 2014. Its entry into force will take place on the same day as its publication in the "BOE".
The term of validity referred to in the preceding paragraph shall be tacitly extended from year to year, unless the Convention is denounced by any of the business associations or trade unions entitled to negotiate, Article 87 of the Staff Regulations. In any event, the complaint shall be made in the period from 1 October to 31 December of the year in which it ends or any of its possible extensions.
Article 5. General Clause of Compensation and Removals.
1. The Convention compensates and absorbs any improvements made by personnel, either through other Conventions or Standards of Obligations, or by unilateral decisions of the Companies.
2. The Convention shall also be absorbed by the Convention, as far as possible, the economic effects which may result from legal or administrative provisions which enter into force after the signing of the Convention. For the purposes of the absorption, the situation resulting from the application of the Convention and that resulting from the legal and administrative provisions, excluding those which are merely the approval of other provisions, shall be compared globally. Collective agreements.
Article 6. Unit of the Convention.
The articulated of the Convention forms a unitary set. Interpretations or applications which, for the purpose of judging on individual or collective situations, shall be considered in isolation shall not be admissible.
CHAPTER II
Professional classification
Article 7. Professional Groups.
1. Technicians. They are the ones who, for their knowledge and professional experience, have assigned managerial, executive or executive responsibility functions, coordinator or adviser, with autonomy, supervisory capacity and responsibility in accordance with the functions allocated.
It is expressly incorporated in this Group that the university graduates are hired to specifically perform the services that are entitled to their degree.
The assignment, modification and cessation of functions within the Group of Technicians is of free designation by the company, without prejudice to the maintenance of the salary of the consolidated level.
For the purposes of remuneration, they are distributed at levels I to VIII.
The Director of a bank office will have at least Level VI.
2. Administrative. They are those workers who have sufficient training, have been assigned the task of carrying out bank-administrative or managerial work, applying the procedures and instructions received, under direct hierarchical supervision and with responsibility for the tasks entrusted.
This group is expressly incorporated in this group the tasks assigned in the XVI Convention to the categories of administrative and telephone officers and assistants, as well as those of telephone marketing.
For retribution purposes, they are distributed at levels IX to XI.
3. General services. It is composed of those who perform services and non-specifically banking jobs, such as concierge, surveillance, conservation, cleaning and any other similar nature.
For the purposes of remuneration, they are distributed at levels IX to XII. Level XII will be reserved for cleaning staff.
Item 8. Top group jobs.
Workers who perform duties of a higher professional group for a period of 6 months in one year or 8 months in two years shall be a member of the new professional group with the remuneration level corresponding to the work performed.
Article 9. º Functional Mobility.
Functional mobility within the enterprise will have no other limitations than those required by academic or professional qualifications required to perform the work and membership of the professional group.
The technicians to whom the powers will be removed may perform the functions of the Administrative Group, by virtue of agreement with the company or, failing that, by decision of the one with a limit of three years, maintaining so much their membership of the Professional Group as the salary corresponding to their level.
Article 10. Ascensuses.
The promotion of the staff at higher level and/or Group will occur according to the following ways:
I. By agreement between the worker and the Company.
II. By age, by computing the time served in each Group and level as follows:
1. In the Administrative Group it will be passed to the X level after six years in the XI level; and likewise of the X level for level IX. For these purposes, the time the worker has belonged to the Technical Group shall be computed.
Exclusively for remuneration purposes, level IX personnel with 24 years of service in the Administrative Group will be assigned to level VIII on a salary basis through the perception of the difference in salary between the two levels. For these purposes, the time the worker has belonged to the group of technicians will also be computed, provided that at the time of the 24 years of service he belongs to the Administrative Group.
In addition to the system provided for in the previous paragraph, equal pay to level VIII administrative staff level IX will also occur at the end of twenty years in the Administrative Group and 30 in the the company. Those who have this condition before January 1, 2011, will charge from that date and those who comply with it for the remainder of their term, will charge from the date of compliance with the condition.
2. The General Service Group will be moved from level XI to X and from level XI to IX after serving six years in each of the first.
III. By training, as follows:
1. At least 10 percent of the Administrative Group's staff will be reserved for employees who wish to move up to the IX level by training, and another 10 percent of the employees who are in the XI level of the group for those who wish to ascend to the level X by training.
In the percentages of level IX and X by training they will not be computed to those who reach such levels by seniority, so that once the deadline has been met the employees for training will produce vacant in their respective percentage, if they always retain the rights which they have recognised for such a condition.
Annually the company will publish the calculations referred to in the previous two paragraphs at the company level upon the timely call. This must be done within the first half of the year following the closure of the census, taking effect on 1 January of the said semester, even if the time limit for completion is exceeded.
The employees of the Administrative Groups and General Services who have an seniority in the company of at least two and four years respectively may participate in these promotions.
When a worker of the General Services Group with level IX accesses the X level of the Administrative Group, the salary of the group will be kept in transition. The difference between the two wages shall be reduced as new and in the amount of triennial accruals and the worker shall receive the salary of the level at which he has been promoted from the time when the amount of the For the purposes of this Directive
the following shall be added to the following:2. Companies are required to convene annually a number of promotions at the 8th level of the Technical Group equivalent to 20 percent of the employees incorporated within the year to the level.
Administrative staff at level IX and X will be able to participate in these promotions with three years of seniority in the company.
Companies will be able to carry out the calls that they deem appropriate up to a maximum of four a year.
If the indicated percentage has not been called at 31 December of each year, during the first half of the following year, the necessary calls will be made, with the promotion of the promotions on 1 January of the same semester.
3. The Courts, appointed in the manner set out in Article 11 of this Convention, shall make the selection and testing referred to in the following paragraph.
4. The selection of those who wish to ascend and the training tests will be done by taking care to avoid memoristic and practical efforts that may be useless, to reconcile the theoretical and practical aspects that are of interest in the programs, the which are to be made known with due anticipation, and to ensure the maximum success for the choice of those who deserve it for their spirit of work and service.
5. Companies, taking advantage of the vacancies that occur, will try to direct the employees promoted by training to jobs in which they can exercise the capacity they have accredited.
6. Staff who enjoy a leave of absence for child or family care will have the right to participate in the promotional exams on the bank while in this situation.
IV. By decision of the company within the professional group, if it involves improvement for the worker.
V. The level promotions, except in the case of seniority and training, will be consolidated within six months of having accessed it.
VI. Staff promoted to Level VIII may not, from the date on which they hypothetically correspond to Level VIII, be charged for the application of the second subparagraph of paragraph II.1 of this Article, which is less than that which may be (a) the Convention in such a situation. As long as such a difference is made, the amount shall appear on the receipt of assets under the heading ' Article 10 (VI)
.Article 11. º Test Courts.
The company will appoint the Court to judge the training exams, in which the Trade Unions will be represented.
This representation will necessarily fall to an employee of the company chosen by the most representative trade unions, with the capacity of the workers ' representative and who has at least the level of the call.
All members of the courts will be equipped with their powers and obligations.
CHAPTER III
Remuneration
Article 12. No Remuneration Concepts.
1. For the duration of this Convention, the staff remuneration scheme shall consist solely of
following concepts:a) Salary.
b) Augments by age.
c) Extraordinary Gratitude of July and Christmas.
d) Participation in benefits.
e) Complementary or special assignments and assignments.
f) Stimulus to production.
g) Extraordinary hours.
h) Pluses.
2. The remuneration concepts referred to in the preceding paragraph shall have the content and scope set out in the following Articles.
3. For the purposes of the application of the following Articles, the term 'pay' or 'monthly allowance' is defined as part of the salary and the increase in seniority paid by each worker.
4. Within the scope of each undertaking, in agreement with the worker, part of the concepts of the Convention may be replaced by the remuneration in kind which allows the rules in force at any time, without altering the gross annual amount of the salary. of the Convention and within the limits in force at every moment for the perception of salary in kind. In these cases the offers of the company will be directed to the whole of the staff, the same will be informed in advance to the union representation and the concepts will appear in payroll in detail and separate from the rest of the concepts of the convention.
Article 13. Wages.
1. The salaries of staff according to their level shall be those set out in the following tables:
Group of Technicians
| From 1.1.2011 | From 1.1.2012 | From 1.1.2013 | From 1.1.2014 | |
|---|---|---|---|---|
| I | 33.644.10 | 33.644, 10 | 34.064.65 | 34.575, 62 |
|
II | 29.091.75 | 29.091.75 |
29.455.40 | 29.897.23 |
|
III | 24,604.44 |
24,604.44 | 24,912.00 | 25,285.68 |
|
IV | 23.442.22 |
23.442.22 | 23.735.25 | 24.091.28 |
| V |
20,268.86 | 20,268.86 | 20.522.22 | 20.830.05 |
| VI | 18.978, 33 | 18.978.33 | 19.215.56 | 19.503.79 |
| VII | 18.031.59 | 18.031.59 | 18.256.98 | 18,530.83 |
|
VIII |
17.084.49 | 17.084.49 | 17.298.05 | 17.557.52 |
Administrative Group
| From 1.1.2011 | From 1.1.2012 | From 1.1.2013 | From 1.1.2014 | |
|---|---|---|---|---|
|
IX | 15.787.52 | 15.787.52 | 15.984.86 | 16.224, 63 |
|
X | 14.066.07 | 14.066.07 |
14.241.90 | 14.455.53 |
|
XI | 12.639.39 |
12.639.39 | 12.797.38 | 12.989.34 |
General Services Group
| From 1.1.2011 | From 1.1.2012 | From 1.1.2013 | From 1.1.2014 | |
|---|---|---|---|---|
|
IX | 15.787.52 | 15.787.52 | 15.984.86 | 16.224, 63 |
| X | 14.066.07 | 14.066.07 | 14.241, 90 | 14.455.53 |
|
XI | 12.639.39 | 12.639, 39 | 12.797.38 | 12.989, 34 |
| XII (hour) | 3.26 | 3.26 | 3.30 | 3.35 |
2. The salaries referred to in the preceding paragraph are annual and shall be made effective by means of instalments payable by due monthly payments.
Article 14. º Augments by antiquity.
1. During the term of the Convention the remuneration according to seniority shall be determined in the form set out in the following three Articles.
2. They should not be confused with seniority and effective service time in the Company, so that the total or partial loss of the company will not lead to it, as it is an element of fact, decrease of this one.
3. Whenever the Convention refers to increases in seniority, "tri-ages" or "perceptions by seniority", reference shall be made to the amounts due in accordance with Articles 15 and 16.
Article 15. º Antiquity in the company.
1. During the term of the Convention, a system of supplementary remuneration shall be governed by the seniority of the Company, which shall be governed by the following paragraphs.
2. The age at the Company shall be computed by full trienes of effective service to or recognized by it.
Trienes, and generally service time increases, will be considered to be defeated in any event on the first day of the month in which you comply.
3. The amounts of the increases in seniority shall be as shown in the following table:
| Cuantia at the time for each triennium | ||||
|---|---|---|---|---|
|
2011/2012 | 2013 | 2014 | ||
|
Services Group, Level XII | 0.18 |
0.18 | ||
| Annual Cuantia for Every Triennium | ||||
|---|---|---|---|---|
|
2011/2012 | 2013 | 2014 | ||
|
titled with incomplete day | 218.58 |
221.31 | 224.63 | |
|
Rest | 437.14 | 442.60 | 449.24 |
|
4. The amount of the triennial shall be made cash on a number of instalments, payable for a period of up to three months, with the exception of the operators of Level XII, the monthly or daily amount of which shall be effective according to the number of hours in which the provide their services.
Article 16. º Antiquity in the group of technicians.
1. In addition to the three-year period in the Company, the Technicians will receive for every three full years of effective services at the same level of their group, three years of the annual amount shown in the following table:
| 2011/2012 | 2013 | 2014 | |
|---|---|---|---|
| I | 499.09 | 505.33 | 512.91 |
| II | 380.03 | 384.78 | 390.55 |
|
III and IV | 329.04 | 333.15 | 338.15 |
| V | 270,45 | 273.83 | 277.94 |
| VI and VII | 181.48 | 183.75 | 186.51 |
| VIII | 141.79 | 143.56 | 145.71 |
2. These trienes in terms of Level I to VI Technicians shall only be accrued for the time they have been or have the status of proxies.
3. Level I to VI Technicians who would have lost their powers will be kept the tri-ages of seniority in the group of technicians accrued to the date of the withdrawal of powers. Well understood that, in the future, no new trienes of this nature will accrue.
4. When a Technician changes the Level within his or her Group, the three-year-old will be kept at the levels that he would have been before. Such trienes shall be the amount corresponding to the level at which the accrual occurred. If at the time of the change there is a run of a triennium fraction, it shall be computed for the accrual effects of the first three-year period corresponding to the level at which it would have passed.
The heads of heads accrued before 1.1.96 shall be collected in accordance with the transposition to the new level of levels set out in the Annex.
5. The three-year periods referred to in this Article shall be met by the parties, payable by the end of the period.
Article 17. Extraordinary Gratitude of July and Christmas.
All staff in each of the months of July and December will be entitled to extraordinary gratification.
Your amount shall be equivalent to that on the date of your receipt on a monthly basis for salary and seniority and, of course, the proportion that comes if your stay in the company is less than one year.
Article 18. º Participation in benefits.
1. During the term of the Convention, the staff shall receive a profit share to be determined in the manner set out in the following paragraphs.
2. If 10% of the amount of the liquid dividend paid to the shareholders does not exceed the amount of a quarter of pay in the Company, also liquid, the staff will receive the equivalent of a full payment. If 10 per cent of the liquid dividend is higher than a quarter of pay and less than half pay, also liquids, the staff will receive the amount of pay and fourth, and so on this perception will be increased in the pay quarters necessary to absorb, in their case for excess, that difference.
In any event and for the duration of this Convention, no more than 15 rooms of pay will be paid for each Company in 2010, not more than 15-quarters of pay (3.75 pages).
3. The participation in the benefits of the staff of foreign banks, industrial and business banks and Banking Clearing Chambers shall be applied in the following terms:
(a) Foreign banks.-The staff will receive as many pay rooms as the staff of the commercial bank of national category that has received the most by strict application of the previous paragraph 2 (15 rooms of pay, that is, 3.75 pages).
b) Industrial and business banks, created and processed under the Law on Credit and Banking Management of 14 April 1962. The arithmetic mean of the pay-rooms which, by strict application of paragraph 2 above, have been satisfied by the commercial banks of a national category, shall be found. The number represented by that arithmetic mean, rounded up in their case by excess, shall be the number of rooms of pay that the staff of these banks will receive.
(c) Chambers of Banking Compensation. It shall be the same as that of the industrial and business banks listed in paragraph (b) above.
4. The profit share referred to in the preceding paragraphs shall be deemed to be due on 31 December of each year, and shall be effective in the amount of full pay in December 2011, 2012, 2013 and 2014. The excess over that amount may correspond, in accordance with the preceding paragraphs, to be effective within the first half of the following financial year.
Article 19. No. Additional or special allowances and rewards.
1. During the period of validity of this Convention, only the supplementary or special allowances and allowances established and regulated therein shall govern, or other provisions in force not amended or expressly deleted in this Convention. The transport plus is expressly absorbed.
2. The staff of less than three years of age in the staff of the Companies with level XI of the Administrative Group shall receive a transitional allowance, which shall be payable for monthly payments in the 12 calendar months of the year. to be charged at the time each person concerned starts to earn increases in seniority, with the annual amount shown in the following table:
| Concept | 2011/2012 | 2013 | 2014 |
|---|---|---|---|
|
transient allocation | 63.56 | 64.35 | 65.31 |
3. The so-called 'compensation of parties' deleted from which the staff members were entitled before 7 February 1958 and the person who entered after that date which he has been receiving as a more beneficial condition, determine on the basis resulting from computing 14 pages as a dividend. The splitter will be 1,700.
4. The residence allowance, in addition to the ordinary and extraordinary payments of July and December, shall also be paid on the fixed and guaranteed payments which, by any other concept, is collected by the staff.
5. Those who, at 31.12.95, will hold the category of concierges will have the right to housing or, in the absence of this, an annual allocation, which since the entry into force of this Convention will have the same treatment of percentage increase as in the future have the remuneration of art. 12th of this Convention.
Consequently, the annual allocation is the one shown in the following table:
| Concept | 2011/2012 | 2013 | 2014 |
|---|---|---|---|
|
Concierge Assignment | 274.43 | 277.86 | 282.03 |
6. Plus transitional. -In branches and agencies with operating autonomy the proxy that has specifically assigned the responsibility of the administrative or operating operation of the same will perceive a transitory plus while in Level VIII or VII, with annual amount shown in the following table:
| Concept | 2011/2012 | 2013 | 2014 |
|---|---|---|---|
| transient Plus | 588.47 | 595.83 | 604,77 |
This amount shall be made effective by eligible parties for overdue monthly payments.
7. From 2007 onwards, even a quarter of pay will be paid in respect of "productivity improvement", which will not be liable to any of the effects of the pension supplements covered by this Convention. Therefore, it shall not compute for the calculation of the pension supplements referred to in Articles 35º, 36º, 37º and 38º of this Convention or, where appropriate, of the substitute arrangements provided for in the Additional Clause 4. pays, which shall be annual, shall be payable from 1 January until 31 December and shall be paid in the month of August of each year.
8. Perception RAE. The possibility of receiving an additional perception of variable character, with no impact on tables, and therefore not consolidable or pensionable, is established, depending on the evolution of the following sectorial indicator:
• Indicator: RAE (Result of the Activity of Exploitation) sectorial, communicated by Banco de España to AEB, of the banking activity in Spain, referred to the financial year 2010, and to the homogeneous perimeter of comparison, in such a way that the Comparison basis with respect to the Entities considered in each of the exercises has to be homogeneous with the reference taken (2010).
The amount of the aforementioned gratification, if it is to be matched, will be based on the growth of the Sectoral SAR of the financial years 2012, 2013 and 2014, in respect of the Sectoral SAR for the financial year 2010, according to the following table:
| Unique Perception on the Annual Salary Convention (item 12 concepts) | |
|---|---|
|
to or greater than 5% | 0.50% |
|
or greater than 10% | 0.75% |
| equal to or greater than 20% | 1.00% |
|
to or greater than 30% | 1.25% |
Once the AEB of the data of the sectoral SAR of the financial year concerned is available, provided by Banco de España, it shall be communicated by the Joint Committee of the Convention to the entities in the field of application. of the collective agreement so that, where appropriate, they may proceed to the payment of the corresponding gratification, which shall be paid in a single payment, within the first half of the year following the year of application, shall be payable from 1 January to 31 December of the financial year in question and shall be calculated on the annual salary, as at 31 December of the exercise, in accordance with the concepts of Article 12 of the Convention.
Exceptionally and independently of the variable perception as set out in the preceding paragraphs, in the event that the sectoral SAR for the financial year 2014 exceeded that of the financial year 2010, with effect from 1 January 2015, consolidate a 0.25% increase in salary tables on the concepts of Article 12 of the Convention.
Article 20. Extraordinary Hours.
1. Aware of the serious situation of existing unemployment and with the aim of promoting job creation, they agree to reduce the number of overtime hours to the minimum necessary according to the following criteria:
a) Regular overtime: progressive reduction.
b) Extraordinary hours that are required by the need to repair claims or other extraordinary and urgent damages: realization.
(c) Extraordinary hours required for peak periods of production, unforeseen absences, shift changes or other structural circumstances arising from the nature of the activity concerned: maintenance, provided that the use of the various forms of temporary or partial procurement provided for by the Act does not apply.
2. The number of overtime may not exceed, at any time, the number established by the statutory provisions, except those worked to prevent or repair claims or other extraordinary and urgent damages.
3. The provision of overtime work will be voluntary.
4. The overtime shall be recorded day by day in an individual or similar system, visada by the respective Chief. Such a book or similar document shall be at the disposal of the worker, or in his possession, when his characteristics permit.
5. The Company's Directorate shall report quarterly and in writing to the Enterprise Committee, Staff Delegates and Trade Union Delegates on the number of overtime hours, specifying the causes and, where applicable, the distribution by sections. In addition, depending on this information and the above criteria, the Company and the legal representatives of the employees will determine the nature and nature of the overtime.
6. For the purposes of this Convention, for the determination of the value of the extraordinary hour, a standard value shall be set for the ordinary hour, obtained by calculating the equivalent of 17,25 pages as a dividend (for these purposes, The amount of the allowance plus the increases by seniority, concepts (a) and (b) of Article 12. The divisor shall be the figure of 1,700. For the calculation of the divider corresponding to the lower-than-normal staff, the previous divider will be reduced according to the shorter duration of the day.
A 75 percent increase will be applied to the value so set.
Article 21. º Stimulus to production.
As a stimulus to production, the staff will receive half-pay, which will be effective in the months of September of each year of the Convention.
Quality of work item 22.
The amount of this plus, which recasts and replaces the so-called production stimulus pluses, plus special agreement for quality of work and plus assistance and punctuality, is fixed in the annual amounts shown in the following table:
| Concept | 2011/2012 | 2013 | |
|---|---|---|---|
| for work quality | 2.099.27 | 2.125.51 |
2.157.39 |
Such amounts shall be made effective by two-party instalments, payable by expired monthly payments.
When the employee's working time is lower than normal, he will receive the plus in proportion to the day he/she performs, respecting any situation that is more beneficial than for the individual. to the plusses here replaced.
Article 23. º Guards.
1. The day guards on Saturday, Sunday or holiday will be voluntary, except for those who were obliged on 31.12.95. Once the guards have been accepted, the commitment must be maintained for at least one year.
2. Each employee shall be given the time when the guards he or she carries out, and who shall always be eight hours, exceed the normal working time for other workers. The employee shall have the right to be granted an additional day of rest when the time scored, reaches, by accumulation of excess, a number of hours equivalent to that of the normal day on the day when he enjoys rest, or to monthly the excess of time worked is paid as overtime. The choice between the two forms of compensation identified shall be the responsibility of the worker, who shall exercise it at one time for the entire duration of the Convention.
3. To the one who provides day guards on Saturday, Sunday or on a holiday, the weekly compensatory rest that, according to the law, will be granted to him on a working day and, in addition, will be paid a 75 percent surcharge on the value of the hours worked on those days.
Article 24. º Pluses.
1. Plus functional multipurpose.
The staff of the Administrative Group will receive a plus of functional multipurpose, payable in two monthly parts, with annual amount shown in the following table:
| Concept | 2011/2012 | 2013 | 2014 |
|---|---|---|---|
| 1.149.74 | 1.164.11 | 1.181.57 |
Exceptionally, employees who have held the category of Officers or Administrative Assistants at 31.12.95 and receive at the same date some or some of the supplements expressly deleted by the XVII Convention, in excess of the one set out in the table above, will continue to receive the excess, as a transitional complement until its amount is fully compensated with the increases of the new plus of functional polyvalence.
2. Plus General Services.
The staff of the General Services Group will receive a plus whose annual amount, payable in monthly parts, will be as shown in the following table:
| Concept | 2011/2012 | 2013 | 2014 |
|---|---|---|---|
| 1.149.74 | 1.164.11 |
1.181.57 |
When the employee's workday is lower than normal, he will receive the plus proportionally to the day he/she performs.
These pluses will have the same increase as the art concepts. 12.
CHAPTER IV
Day, vacation, and licenses
Article 25. Day and schedules.
1. The maximum working day for the sector, in annual computation, will be 1,700 hours, in which the 15 minutes of compulsory rest are calculated as effective work. The maximum working day shall be met in accordance with the working hours and schedules of the staff defined in this article and the rules of general application.
2. The currently established continuing schedule is maintained, which will be as follows:
-Monday to Friday: 8 to 15 hours, in which the 15 minutes of mandatory rest are calculated as effective work.
-Saturdays: 8 to 13.30 hours, in which the 15 minutes of compulsory rest are calculated as effective work.
-Saturdays between April 1 and September 30 each year.
However, in order to achieve the book of every Saturday, within the scope of each Company, the Legal Representation of the Workers may be agreed to the application of the hours corresponding to those Saturdays in other working days of the same or different week, so that the chances of reconciling personal life can be improved in a way that is compatible with the needs of the service.
In this regard, the forecasts contained in the company agreements in force in this matter are recognized at the date of signature of this Convention.
3. Alternatively, the following match schedule is set:
-Monday to Thursday: 8 to 17 hours, with 1 hour pause for lunch.
-Friday: 8 to 15 hours, in which the 15 minutes of mandatory rest are calculated as effective work.
-From 23-V to 30 -IX:
* Monday to Friday: 8 to 15 hours, in which the 15 minutes of mandatory rest are calculated as effective work.
-All Saturdays of the year.
The match schedule will be voluntary and will be offered by each company to the employees it deems appropriate. The acceptances received may not be applied in more than 25 percent of the job centers of each Company, nor assume more than 25 percent of the employees of each bank. The AEB shall communicate to the trade unions which are signatories to the Convention the centres affected by the timetable which are defined here and the nominal relations of the employees concerned at each centre, as the new timetables are implemented, as well as their modifications.
From the entry into force of the Convention to the employees who hold the schedule defined at this point in work centers located in municipalities of more than 50,000 inhabitants, they will be paid for each day in which In fact, the amount of EUR 9 is met in the case of food aid.
4. Companies may set schedules, whether continued or not, different for the management and auxiliary staff (including drivers) in the minimum necessary, and for the production staff (managers and visitors), as well as to adjust the schedule service to the public and, therefore, the minimum number of personnel required to provide it, to which other non-banking entities or establishments of the same function are to be provided.
Subsystems the shift system applicable to mechanized services.
5. Workers with special days of shorter duration than normal will keep them with the same duration as they are today only if those days are less than seven hours, and they will have the right to enter the job at the same time. the same time as the rest of the staff, since the anticipated departure is considered to be the most beneficial right condition.
6. Exceptionally, on the working days which in each case integrate the calendar week in which each locality celebrates its annual annual Party, the working day shall be four hours of effective work, and when in certain localities the days of Actual celebrations do not coincide with those of the week before defined, the variations necessary to achieve this coincidence may be made, provided that the same assumes the same number of working days of reduced time as they would have been the natural week. For these variations it will always be necessary prior formal agreement of the Joint Commission.
7. A non-working day of the Holy Saturday is declared for the undertakings falling within the scope of this Convention.
Article 26. Vacation.
I. The staff included in this Convention shall be entitled annually to a period of paid leave of twenty-three days, which shall not be counted on Saturdays, Sundays or public holidays. This enjoyment may be split up to three periods, the agreement between the parties being necessary for the third party. The staff who uninterruptedly enjoy at least five days of their holidays outside the period from 1 April to 31 October each year, both inclusive, may extend their annual leave on an additional day.
The staff vacation that enters, reenters or ceases in the course of the year, will be proportional to the days worked within the year and will be enjoyed in the first two cases when the needs of the service.
The staff who serve in the Canary Islands and who enjoy their holidays on the Peninsula will have a five-day natural extension in their holiday period.
II. Holiday enjoyment period.
The working period for the enjoyment of the holidays will be between 1 March and 30 November, inclusive of each year. However, the personnel who request it, as long as the needs of the service permit, will be able to take their vacation in the remaining days of the year.
III. Holiday paintings.
The holiday tables must be made in such a way that, unless circumstances suggest otherwise, in each of the months of March to November, the same number of staff of the template for each Dependency, excluding the staff of the Technical Group.
By Dependence is defined in the present paragraph the same a bank office as any of the sections in which it is organized, owing to the following terms as to the provenance of making the picture holidays by bank offices or by sections:
-That the services are properly covered, seeking to address the wishes of the worker.
-That the extension of the template and the organization by sections of the office allow the table to be carried out by section, without prejudice to the coordination that must be established between all in order to the general problem of the office.
The staff affected by each holiday table should have the opportunity to meet you, because it is set on the bulletin board, or in any other way that facilitates your knowledge, at least two months in advance Date of enjoyment.
You will have a preference for the enjoyment of the holidays, saved the needs of the service, the staff with children in charge who need it in time of preschool and school holidays. If there is a match at this point, the preference will be given to the oldest in the Enterprise.
For these purposes, it is understood by the time of preschool and school holidays that in each case the competent authority is available for reason of territory, and by school age the one defined by the Ministry of Education and Science as legal period of pre-schooling and compulsory schooling, currently from 3 years of age to 16 years, this period can be extended up to two more years, when it is documented that this time is being used for the student concludes the compulsory school teaching cycle.
When two or more workers who intend to enjoy their holidays on the same dates, within the school holiday period, will always choose the oldest in the company, provided that the workers with children of school and preschool age, they can enjoy them within the school holiday period and from among the latter it will take precedence the older one.
In case you also have the same age, you will have the right of the oldest.
Workers who enjoy their holidays in various periods will not have a preference to choose the second until they have chosen the first of the staff affected by the table. In the same way, the third will proceed in relation to the second.
The preference criteria will operate within each of the following two groups:
-First group: Administrative.
-Second Group: General Services.
The staff vacation of each of the indicated groups will be independent of those of the other.
IV. Group of technicians holidays.
The staff members ' holiday will be fixed by mutual agreement between the company and the employee. It shall be taken into account, where appropriate, for the enjoyment of the holidays, the fact that they have children of school and preschool age. They shall also be required to know their holiday period, by the usual means of the undertaking, at least two months in advance of the date of their enjoyment.
V. Holiday break assumptions.
If during the enjoyment of the holiday the employee suffered clinical detention, with or without surgical intervention, or serious illness, justified and notified to the Company within twenty-four hours, shall not be computed to holiday effects the days of such detention or illness. In this case, the remaining days of holiday will be enjoyed when the needs of the service permit.
When the holiday period fixed in the company's holiday calendar, it coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the contract of work, provided for in art. 48 E.T., you will be entitled to enjoy the holidays on a date other than the Temporary Incapacity or the enjoyment of the permit which, by application of that precept, would correspond to you at the end of the period of suspension, even if you have finished the year natural to which it corresponds.
VI. During the term of the Convention, each worker will receive an amount in the form of a holiday bag, which will have the same treatment as a percentage increase, which in the future may have the remuneration of art. 12th, and the amount of which will be shown in the following table:
| 2011 | 2012 | 2013 | 2014 | |
|---|---|---|---|---|
|
of June, July, August or September | 143.36 |
229.36 | 232.23 | 235.71 |
| 229.36 | ||||
|
of the months | 401.36 |
In 2011, the amount of the bag will be met in proportion to the days of each period set in the previous table in which the holiday is enjoyed.
In 2012, 2013 and 2014, the subscription of the holiday bag will be carried out by the entities in the month of June each year, with the exception of the Trade Union Representation in the field of each Company.
For staff who enter, re-enter or cease in the course of the year, the bag will be paid proportionally to the d + ias worked within the year
Article 27. º Licenses.
1. Undertakings shall, at the request of their employees, grant them the following paid licences, provided that they do not exceed 15 days a year:
a) By marriage of the worker himself: 15 days uninterrupted.
b) By marriage of ascendants, descendants or collateral to the third degree: the day the ceremony is held.
c) By baptism and first communion of descendants: half a day corresponding to the day the ceremony is celebrated.
d) Two days for the birth of a child, death, accident or serious illness or hospitalization of relatives up to the second degree of consanguinity or affinity. In the case of the death of children, the licence shall be five days. Where, for such reasons, the worker needs to make a shift that forces him to stay outside his/her location, the license will be extended for up to two more days.
Additionally, by birth of a child, one more day's license to enjoy within 30 days of the date of birth.
e) By death of spouse: three days, which may be extended by two days when the worker has to make an offset that forces him to stay out of his/her locality.
(f) By move (including those within the same locality): two days, except in the case of transfer to/or from locations outside the Peninsula, in which case the licence shall be three days.
The marriage license shall not compute for the purposes of the limit referred to in the first paragraph of this paragraph.
Pregnant workers will have the right to be absent from work, with the right to pay for prenatal examinations and birth preparation techniques, prior notice to the Company and justification of the need of their realization within the working day.
2. In the course of delivery, the suspension will last for sixteen weeks uninterrupted, extended in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without the party which the mother may have been able to enjoy before the birth is neglected.
In the case of the child's death, the period of suspension will not be reduced, unless, once the six weeks of compulsory rest are completed, the mother will request to return to her job.
However, and without prejudice to the six weeks immediately following the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother, according to the law.
In the event that the mother does not have the right to suspend her professional activity entitled to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract. for the period which would have been for the mother, which shall be compatible with the exercise of the right of paternity.
In cases of preterm birth and in those in whom, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension may be computed, at the request of the mother, or in the absence thereof, of the another parent, as of the date of discharge. It is excluded from that calculation the six weeks after the birth, the compulsory suspension of the mother's contract.
In the cases of adoption and acceptance (both preadoptive and permanent), as well as in the cases of premature births or hospitalization of the child after delivery, the legal norms will be in effect.
The periods referred to in this paragraph may be enjoyed on a full-time or part-time basis, with the agreement between the Company and the worker concerned.
2.a. Suspension of the paternity work contract.
In the case of child birth, adoption or acceptance, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, which may be extended in the case of childbirth, adoption or multiple acceptance in two days more for each child from the second, in the legally intended terms.
Workers shall benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in this paragraph.
3. The workers, who are breastfeeding a child under nine months, will be entitled to one hour of absence from work, which they can divide into two fractions, being able to use one at the beginning and the other at the end of the day. This permit may be enjoyed either by the mother or by the father in case both work. By way of alternative such absence may be replaced by a paid leave of 15 calendar days following the maternity break.
4. Those who, for reasons of legal guardian, have direct care for a minor of eight years or a handicapped physical, mental or sensory, who does not perform a paid function, shall be entitled to a reduction in the working day with the reduction proportional to the salary, between, at least one eighth and a maximum of half the duration of that.
It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.
The reduction of working hours referred to in this paragraph constitutes an individual right of workers, men and women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.
The time-frame and the determination of the period of enjoyment of the nursing permit and the reduction of working hours, as provided for in paragraphs 3 and 4 of this article, shall be the responsibility of the worker, within his ordinary day. The worker must notify the employer 15 days in advance of the date on which he/she will return to his/her ordinary day.
5. In the case of suspension or reduction of working time by family obligations set out in this Article, access to training activities shall be facilitated.
6. Permission shall be granted for the support of health care services of children under eight years of age and of first degree of consanguinity and affinity which cannot be used by themselves. In these cases, as a result of unpaid leave, the worker and the company may set up hourly compensation mechanisms.
7. Staff with more than two years of effective service at the company may apply for the following unpaid leave:
-From one week to one month for duly accredited family needs, including, inter alia, the adoption abroad and the submission to assisted reproduction techniques, which may be extended up to six months by accident or serious illness or hospitalization of relatives up to the first degree of consanguinity or affinity. This permit may not be requested more than once every two years.
-Between one and six months to complete higher or doctoral studies.
After the permit period, the reinstatement will take place the day after the end of the permit, in the same job as the employee was providing his services at the start of the permit. The period of leave does not count for the purposes of seniority, it entails the temporary suspension of the contract and temporary leave in the Social Security.
8. Each employee shall be entitled to four days of paid leave per calendar year. For new income staff, they will be proportional to the days worked within the year. These days of leave will be enjoyed, once the needs of the service are saved, on the dates agreed between the management of the company and the employee to enjoy them.
CHAPTER V
Personnel Movements
Article 28. Transports.
The Company, other than the penalty cases, may transfer your staff whenever you consent.
In the absence of agreement and for the needs of the service, the Company may transfer, beyond the limit of the radius of action set out in Article 30. of this Convention, within each of the professional groups, between 5 per cent more modern in the Company and within it to the one who suffers the least damage, taking into account the following criteria and order of priorities:
1. Non-disciplinary forced previous transfer.
2. Disabled or dependent medical care workers who cannot be delivered to the place of destination.
3. Number of children recognised as beneficiaries by Social Security for health care purposes.
4. Geographical proximity of the position to be covered.
In any of the assumptions the seniority in the Company will be determining to fix the transfer in case of equality in the priorities.
Companies will favor the knowledge of vacancies that are intended to be covered under the terms of the above.
The worker who is transferred for service needs will have the preference to fill the vacancies of his professional group, which within three years will occur in the place where he/she would have been transferred.
The expenses of the employee and family members who with the convivan, as well as the movement of movable property of the worker, will be on behalf of the Company.
Companies will help the worker to get housing in the square that would have been forcibly moved.
The shipments requested by the staff of the Peninsula that would have been destined for the Canary Islands, Ceuta, Melilla or abroad, remaining in them for more than five years, will be treated with absolute preference for the population of the Peninsula you want.
The Company shall notify the decision of the transfer to the worker, as well as its legal representatives, at least 30 days in advance of its effectiveness.
They may not be moved in the terms set out in this article, without the mediation of their consent, persons in a situation of pregnancy, breastfeeding or reduction of day by child care.
Article 29. º Diets and Service Commissions.
1. The trips to which the commissions will take place shall be on behalf of the Company.
2. Since the entry into force of this Convention, the daily amount of the daily allowance referred to in this Article shall be treated as a percentage increase which may be paid in the future under Article 12, and shall be at least the same as those of the corresponding according to the following scale:
| Diets | 2011/2012 | 2013 | 2014 |
|---|---|---|---|
|
Pernecting out of your own home address | 30,46 | 30,85 | 31.31 |
|
When you stay at home own | 13.35 | 13.52 | 13.72 |
3. In the event that the service commissions are extended for more than two months, the staff will be entitled to a special one-week license, which is exclusively usable to visit the families with whom they ordinarily live. The travel for these licenses will be carried out by the companies. These licences shall be independent of the statutory holidays.
4. Workers ' legal representatives may not be required to perform Service Commissions for as long as they perform their duties.
Article 30. º Vacants in the same square or next.
Companies will be able to fill the existing vacancies, making changes in the job, which will not have the consideration of transfer or geographical mobility, within a single square or a radius of 25 km. from the (a) the centre of the municipality where the workers provided their services to 30 January 1996, or from where they are voluntarily transferred, and those admitted after their intended use.
The application of the 25 km radius will not imply the change between the Islands.
In the event that the change is to another square other than the one that was providing its services within the radius of 25 km., the companies will collaborate in the solution of the problems arising from the transport, that they can be generated like consequence of the application of this rule.
Without prejudice to the powers of organization of the work of the Companies, these, provided that the suitability of the applicants are met, will take into account the voluntary requests and the circumstances of the home proximity of the worker.
Article 31. º Change of job due to pregnancy.
When the work carried out by an Encyclical woman can endanger the pregnancy, according to the optional prescription, she will have the right to be assigned a new job in the right conditions, without reduction of the salary, returning the previous post after the end of the situation. During pregnancy or breast-feeding, the worker will not be subject to changes in the position of work involving another municipality.
Article 32. º Excessences and rerevenue.
1. The worker with at least one year's seniority in the company has the right to be recognized as being on a voluntary basis for a period of not less than four months, and no longer than five years.
The worker, within one month of his or her application, has the right to be recognized as being on a voluntary basis. The surplus will have to be reentered in the last month of the duration of the situation and those who do not will lose all their rights.
For the purposes of the deadlines outlined above, the time of labor interruption for public office performance will be computed as an effective service.
2. These excess deposits may not be requested to provide services to another Bank, private or official, nor to any competing Entities or Companies of the Banking such as Credit Institutions, Savings Banks, Rural Banks, Financing Companies, etc. Any surplus that serves any of these Entities shall lose all of its rights in the Banking Company from which it proceeds.
3. The voluntary surplus to be reentered shall take the first vacancy of its Level which occurs in the same place where its services were to be left in excess. As long as such vacancy does not exist, it may, if it so wishes, with the salary of its consolidated level, a vacancy of a lower level in the same square, provided that the Company agrees, or is destined for another place where there is a vacancy of its same level.
4. The time of voluntary leave shall not be taken into account, but shall not be taken into account.
5. Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, either by nature or by adoption or in the case of a permanent or pre-adopted child. even if they are provisional, from the date of birth or in their case, from the judicial or administrative decision.
They shall also be entitled to a period of leave of no more than two years, workers to care for the care of a family member up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness or disability cannot be used by itself and does not carry out paid activity.
The period in which the worker remains in a situation of leave in accordance with this paragraph shall be computable for the purposes of seniority and the worker shall be entitled to assistance with vocational training courses, whose participation must be convened by the Company, in particular on the occasion of its reinstatement. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group. In the case of a large family, the provisions of the Workers ' Statute (currently Article 46.3) will be available.
Article 33. Interim Staff.
Acting staff is understood to be employed to replace workers with the right to reserve the job, provided that the name of the replacement and the cause of the job is specified in the employment contract. substitution.
Interim personnel may not remain in such a situation for longer than three years, with periods served intermittently over the course of six consecutive years.
Interim staff serving in the same Bank for three years shall be entitled to a restricted examination to be included in the Company's template on a fixed basis, if it exceeds it.
CHAPTER VI
Complementary capabilities
Article 34. Disease.
With effect from the date of signature of this Convention, the banking staff, in case of illness, will be entitled to receive from the company, for eighteen months, a total monthly economic perception equal to 100 percent of the which would correspond to it as if in that period it was active, by application of the collective agreement. In no case shall the economic benefits provided by the Social Security and the supplement provided by the undertaking be collected, a quantity exceeding the economic perception indicated above.
Article 35. º Total permanent inability for the usual profession.
1. Undertakings shall satisfy workers who are in a situation of permanent incapacity for their usual occupation or absolute permanent incapacity for any occupation, from the date on which they are declared to be in one or another which, in addition to the pension which the invalid receives from the Social Security as a result of his banking activity, gives him an annual total perception equal to 100% of that which would correspond to him as if on that date he was active, excluding the pay room set out in Article 19.7 and the RAE perception as set out in the Article 19.8 by application of the Convention, including family assistance, and after deduction of the Social Security fee from the worker.
The Company will pay the amount to its charge for each part of each calendar month.
2. The additional amount thus determined shall not be altered as a result of the revaluations of Social Security pensions which are generally agreed upon as long as the degree of invalidity is recognised. On the other hand, if, after the recognition of a total permanent incapacity for the usual profession, there is, by revision, that of an absolute permanent incapacity for all work, the pension in charge of the Company will be reduced at the same level of increase in the benefits provided by the Social Security Office.
3. They will have equal consideration for the effects of this qualification, those over 60 years of age who are suffering from chronic disease who are prevented from attending work and who retire under the third transitional provision of the text. Articles of the Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June.
4. Where the incapacity of an employee of the Banca is over him as a result of violence exercised over him or her in act of service, the Company shall grant him the amount laid down in point 2 of Article 38, with the increases he The provisions on incapacity will apply, as if they were declared to be the same on that date.
Article 36. Retirement.
1. The staff entered in the undertaking before 8 March 1980 and who are active on the date of entry into force of this collective agreement may be retired at their own request or by decision of the undertaking, from the moment when the is 65 years of age or the ordinary retirement age, as defined in the following Article 39, with the economic benefit in charge of the Company referred to below.
2. The staff entered in the undertaking before 8 March 1980 who has the status of a mutualist and who is active on the date of entry into force of this collective agreement, from the moment he is 60 years of age and counting on 40 or more years of effective service in the profession, you may retire at your own request, perceiving the economic benefit of the Company that is indicated below.
They have the status of mutualist those employees who would have been listed in one of the labor unions of employed persons prior to January 1, 1967.
3. The staff entered in the Company before 8 March 1980 who has the status of a mutualist and who is active on the date of entry into force of this Collective Agreement, from the moment he is 60 years of age, although not has 40 years of effective service in the Company, may be retired by mutual agreement with the same, with the economic benefit in charge of this one that is indicated below.
4. For workers who have the status of a mutualist, the provision by the undertaking, which shall be met by the parties payable by the end of the period, shall be determined by applying the percentage PE of the formula set out below. inserts, on the basis of the perceptions laid down in the collective agreement, calculated on an annual basis, excluding the quarter of pay set out in Article 19.7 and the collection of the rules laid down in Article 19 (8), to the date of retirement of the each employee.
Formula:
| Σ BC | 100 = PE |
A = 65 years 100%
60 to 64 years with 40 service 95%
60 to 64 years without 40 service 90%
B = 65 years 100%
64 years 92%
63 years 84%
62 years 76%
61 years 68%
60 years 60%
SNA = Nominal salary of the Convention at 31.12.87, annualized, as if at that date each employee had completed 60, 61, 62, 63, 64, or 65 years of age, counting in such salary the increases that, by application and in the amounts of the Convention in force on 31.12.87, corresponding to the maturity of trienes, as well as promotions for mere seniority, up to each of the mentioned ages.
SS = Social Security Fee from the employee at 31.12.87, annualized, calculated taking into account the rate group and the remuneration that would correspond to each of the retirement ages discussed in the preceding paragraph (SNA).
SBC = Sum of employee contribution bases (period 1.1.81 to 31.12.87). For these purposes, they shall be computed to determine the basis of contributions in the legally established form, the assets which theoretically would have been perceived in accordance with paragraph (SNA), calculated with the salary tables in force in each of the years reference, if such assets do not reach the price ceiling for each applicable tariff group in each case and for each of the years computed. If such remuneration exceeded the above ceilings, the existing ceilings would be calculated as a basis for the existing ceilings for each year. The bases thus determined, corresponding to the period 1.1.81 to 31.12.85, are indexed in accordance with the third, number 1, transitional provision C, in the form provided for in Article 3, point 1, rule 2, of Law 26/85 of 31 July.
PE = Percentage of economic benefit in charge of Enterprise.
| Σ BC | 12) = The value maximum applicable of this expression will be 2,631,300 (187.950 x 14), corresponding to the Social Security retirement benefit cap |
| 84 |
5. Workers admitted to the undertaking before 8 March 1980 who do not have the status of a mutualist and who are active on the date of entry into force of this collective agreement may retire at their own request from the For the time being 63 years of age, in which case, the provision by the Company, which will be met by the parties payable by the due monthly payments, will be determined by applying 90% to those who retire at the age of 63, and 95% to those who are In the case of women, the age of 65 years of age is 65 years of age, over the age of 64. perceptions laid down in the collective agreement, calculated on an annual basis, excluding the quarter of pay set out in Article 19.7 as well as the collection referred to in Article 19 (8), to the date on which the retirement of each employee. In the event that retirement at the age of 63 or 64 occurs by mutual agreement between the employee and the Company, the provision by the Company shall be determined by applying 100% of that 65-year PE percentage.
This same percentage of 100% of the 65-year-old EP will also apply in retirement cases from the age of 65 and up to 67 years of age.
6. The staff employed by the undertakings as from 8 March 1980 shall have at their retirement only the rights which the general legislation which applies to it at the time of application, with the exception of paragraph 7 of this Article. same article.
The content of the preceding paragraph shall not affect staff who change the Company and have an effective employment relationship with any of the persons falling within the scope of this Convention as at 31 December 1979.
The accreditation of this last circumstance, which will always be the responsibility of the worker, will grant you the rights included in the first five numbers of this article.
7. At the end of the validity of the XXII collective agreement all the enterprises included in its field of application will have a supplementary Social Welfare System of contribution defined in favor of the employees hired by the companies from 8 March 1980, to those referred to in the previous point, who have at least two years of seniority in the Company and with a minimum annual contribution of EUR 300 and economic rights in favour of the employee in the event of a low-for-cause other than retirement.
Article 37. Deity and Orphanage.
a) Widess:
1. A supplementary pension is established in favour of the widowers of workers who have been deceased-in active or in retirement or invalid-as of 1969.
2. The amount of the widow's pension is complementary to that corresponding to the General Social Security Scheme, and the sum of both amounts must be equal to 50 per 100 of the base determined in the following paragraph.
3. The basis for the calculation of the widow's pension shall be the total number of perceptions of the deceased, excluding the quarter of the pay set out in Article 19.7, and the collection of the rules laid down in Article 19 (8) deducted from the contributions to his or her Social security at the time of death resulting from the application of the Convention, including family support.
In the event that the deceased is in a retirement or invalid situation, the monthly basis will be determined by the retirement or invalidity pension that he or she receives from the Social Security, plus, where applicable, the benefit that for the same concept as the Company.
4. To be considered beneficiaries of this pension you will need to:
-That the widower meets the conditions required in the General Social Security Regime. In this regard, the deceased worker shall be regarded as the widower of the person to whom the Social Security recognises the benefit of the death resulting from the death of the deceased.
-However, widowers who have not been 40 years of age and do not have children will enjoy the benefits indicated and with the same requirements.
5. The supplementary pension for widower shall be automatically extinguished if the widow's pension is no longer received and the widow's pension is extinguished.
b) Orphanage:
1. A supplementary pension is established in the case of orphans produced from 1969, amounting to 20% or 30% (the latter percentage in the case of total orphanages) on the basis of which they will be determined in the same way as in cases of vudedad.
2. The supplementary pension pension thus established shall be applied for each of the children who meet the requirements of the Social Security Act and supplementary provisions.
3. Where the orphan is qualified as a disabled person in accordance with the provisions in force, the benefit shall be extended until recovery, irrespective of age, provided that he is unfit for work and receives the orphan's benefit. of the relevant body of Social Security.
c) Limitation for these supplementary pensions:
The accumulation of pension supplements by widower and orphan will in no case exceed 100% of the perceptions of the deceased at the time of death resulting from the application of the Convention. if you were active as a retiree or invalid.
Article 37. Life insurance.
Co-exist with life insurance that can be contracted by companies and independently of them and from agreements made under the additional sixth clause of this Convention, as of 1 January 2008 establishes a collective life insurance for a single capital insured of 6,000 € for all staff in active employment, whose beneficiary will be exclusively the last surviving spouse.
A surviving spouse shall be deemed to be the person to whom the Social Security provides a benefit, arising from the death of the deceased (employed or employed in active employment). This person, for the purposes of this article, shall also be regarded as a 'last surviving spouse', provided that at the time of death he maintained with him the same relationship for which the social security provided him with the benefit of the (viudad).
In the event that there are two or more beneficiaries of social security benefits arising from the death of the same deceased (employed or employed in active employment), they shall be considered to be 'last surviving spouse', only the one who at the time of death sustained the same relationship for which the social security provided him with the provision of widowage.
Article 38. Death in act of service.
1. The undertaking shall grant to the widowers and/or orphans of the worker who dies as a result of the injuries sustained by the quantity laid down in point 2, provided that the following are met in death: conditions:
(a) That the strict provision of service and the fact of death there is an undoubted link of causality or occasionality.
b) That death-causing injuries occur:
1. O by a fortuitous event due to an external physical agent, except in the case of a casualty which, by its nature or generality, is not rationally refutable to the conditions under which the service is provided, or if so, escape to the order of the humanly foreseeable.
2. º O by acts of his own, except that for his part he will mediate impropriety, recklessness or non-observance of obligations.
3. º O by acts of a third party.
2. The amount to be satisfied by the undertaking shall be that which, for all the remuneration concepts laid down in the Convention, the worker receives at the time of his death, excluding the fourth pay set out in Article 19.7 and the RAE regulated in Article 19.8, deduced, where appropriate, the income that may be collected if the risk is covered by the compulsory insurance of accidents at work or by any system of insurance established or concluded by the Company. For these purposes, if the Insurance gave rise to a capital delivery, the income shall be estimated at 6 percent of the capital.
The Company will pay the amount to its charge for each part of each calendar month.
3. Where the death of an employee of Banca comes upon him as a result of violence exercised over him being on the act of service, the Company shall grant to the widowers and/or orphans of the deceased worker the amount established at the point 2 of this Article, with the increases that would correspond to him during the time he lacked to serve the sixty-five years.
Article 39. º Retirement Age.
Without prejudice to the provisions of Article 36 and with the objectives of seeking to improve employment stability, the transformation of temporary fixed contracts, the maintenance of employment, new hiring or (a) any other person who is directed to promote the quality of employment, retirement shall take place at his or her own request or by decision of the Company from the moment the workers or workers reach their first ordinary retirement age; and provided that it meets the conditions laid down in subparagraph (b) of the Additional Provision 10 of the Workers ' Statute: " The worker affected by the termination of the contract of employment must have the minimum contribution period covered which allows him to apply a percentage of 80% to the regulatory base for the calculation of the amount of the pension, and fulfil the other conditions required by the Social Security legislation to be entitled to the retirement pension in its contributory form. "
An ordinary retirement age is understood to be 67 years of age, or 65 years of age when 38 years and 6 months of contributions are credited, in accordance with the Social Security regulations. These retirement ages will be applied gradually, on the same terms as they apply in the regulations in force at every moment of Social Security.
CHAPTER VII
Social benefits
Article 40. º Anticipates and loans to staff.
1. Upon reasoned request, any worker shall have the right to be anticipated, as soon as possible, the monthly monthly payment in progress.
2. The amount of the loans granted by the undertakings to their employees shall not exceed the amount of nine monthly payments and shall be intended to cover justified financial needs. For these purposes, the following reasons shall be understood as being of particular reason:
a) Marriage.
b) Transfer out of the square.
c) Death of spouse or children.
d) Works in housing due to impending ruin.
e) Divorce, separation, or marriage annulment.
f) Birth and adoption of children.
g) Expenses generated to employees for situations of gender-based violence, accredited in the terms established in the Law, of which they have been victims.
The cited causes, which dispense with the test of perentorage, are not exclusive, and there may be others whose perentorage, on the other hand, must be tested.
3. The employee shall be entitled to the granting of loans.
a) With the maximum limit of nine mensualities to address requests made for the following causes:
* Works and reforms at the employee's usual address.
* Medical assistance in case of serious illness with hospital detention.
b) With the maximum limit of five mensualities to address requests made for the following causes:
* Acquisition of furniture, household goods and household appliances.
* Vehicle purchase on behalf of the employee. This name includes the usually called "caravan".
* Payment of your IRPF and writing, registration, VAT, and capital gains for purchase of your usual home.
* Property Transmissions Tax.
* Repair of vehicle breakdowns in the name of the employee, not caused by accident, and whenever it is usually used in the company's service.
* Health expenses and medical care for care not requiring hospital detention or non-serious illnesses with hospital detention.
* Expenses derived from employee's child graduate studies.
The employee will have to justify that the loan granted was used for the requested end.
4. A new loan of those defined in this Article shall not be entitled to a new loan as long as it is in force.
Where part of the loan granted under cover of number 3 is pending, and any of the specific causes referred to in issue 2 arise, the loan which may correspond to the new need shall be granted, with the grant, the previous balance outstanding.
5. No more than 10 percent of the total of the perceptions may be required.
6. Advances and loans referred to in this Article shall not be of interest.
7. There is no incompatibility between the advances in point 1. and the loans of points 2. and 3. above.
Article 41. Housing.
1. The companies which, according to the current provisions, have rented housing to their employees, the employment relationship being the determining factor of the lease, will not promote the eviction of the tenants by firm and definitive cessation of the employment relationship in the following cases:
a) In the worker's presumed death while living the widower without contracting new nuptials.
(b) In the same case referred to in the preceding paragraph if there is no widower, but if children under age, for a period of three years or until the children reach the age of majority, if this occurs before be met that deadline.
c) In the case of retirement, as long as the retiree lives, provided he has no other employment or employment relationship and once deceased, while living the widower without contracting new nuptials.
2. The provisions of the preceding paragraph shall not apply in the case of housing whose occupation by the workers is more responsive than to the employment status of the workers concerned (case of concierges and managers).
3. Undertakings, having regard to the exceptional and urgent nature of the situations referred to in this paragraph, shall comply with requests for loans for the purchase of dwellings which may be made by workers who have to vacate their homes. that they are tenants, provided that this is due to the causes 1st and 2nd of exception to the extension established in article 62 of the current Law of Urban Leases. They shall also preferably address the requests of those who have the right to seek or retract the housing for which they are tenants and those who are forced to be moved, in accordance with Article 28 of the Collective Agreement.
For the appropriations to be granted from the entry into force of the Convention, the maximum repayment term for the Convention shall be 20 years, with the limit of the date on which the employee is 67 years of age, and in no case The case may be higher than EUR 100,000. The interest rate, annual and variable, applicable to these transactions, from 1 January 2008, shall be the Euribor one year, or the reference value that replaces it, plus 0,15. The Euribor of each year shall be calculated on the basis of the average value existing on the last working day of October of the previous year.
From 1 January 2008, existing credits will update the interest rate as set out in this Convention.
4. For the purchase of first dwelling, or change from the one for sale of the previous one, the companies will grant loans under the same conditions of amount, amortization and interest indicated, allocating to it each year the amount in euros resulting from multiply the number of workers constituting the template as at 31 December of the year preceding the date of the request, by the amount shown in the table below:
| From 1.1.2011 | |
|---|---|
|
Endowment by Employee | 450 |
If the grants for these loans do not total the calculated figure, the difference will not be accumulated for the following year.
5. In the case of previous assumptions, the employees, in the event of causing a decline in the company, will pay the outstanding amount of the loan or will be a mortgage, with the general conditions of the client for the amount to be amortized.
Article 42. º School Aid.
Businesses are encouraged not to have it today, to study and establish a system of scholarships or school aid for the children of their workers.
CHAPTER VIII
Equality and reconciliation
Article 43. The reconciliation of family and work life.
In the rights of workers with family responsibilities and, in particular, in the circumstances surrounding the working woman, the law of conciliation will be taken into account by companies in the organization of work. of family and work life.
Article 44. A guarantee of equal opportunities and non-discrimination between people.
1. Business relationships in companies should be presided over by non-discrimination on grounds of birth, race, sex, religion, union membership or any other personal or social conditions or circumstances.
2. The rights set out in this Convention equally affect man and woman in accordance with the provisions in force at any time. No clause of this Convention may be interpreted as discriminatory in professional groups, working conditions or remuneration between workers of one sex and another.
It is considered direct discrimination because of sex the situation in which a person is found, has been or could be treated, in care of their sex, in a less favourable way than another comparable situation.
It is considered indirect discrimination on grounds of sex, the situation in which a seemingly neutral provision, criterion or practice puts the person of a particular sex at a disadvantage with respect to persons of another, except that that provision, criterion or practice can be objectively justified in the light of a legitimate purpose and that the means to achieve that purpose are necessary or appropriate.
In any case, any order to discriminate directly or indirectly by reason of sex is considered to be discriminatory.
3. Companies will make efforts to achieve equal opportunities in all their policies, in particular gender equality by adopting measures aimed at preventing any kind of employment discrimination between men and women.
In the case of companies of more than 250 employees, the equality measures referred to in the preceding paragraph must be directed to the elaboration and implementation of an equality plan, which must also be the subject of negotiation in the way in which you determine labour law.
The equality plans may include, inter alia, issues of access to employment, professional classification, promotion and training, remuneration, the organisation of working time, the promotion of equality between women and men and women. men, work, personal and family reconciliation, and prevention of sexual harassment and harassment on grounds of sex.
In order to facilitate the monitoring of the application of the principle of equality between men and women, companies will provide the trade union representation with data relating to sex, seniority in the company, group and level professional as set out in the art. 7, so that the evolution of the templates can be followed from a gender perspective.
Article 45. º Protection against Gender Violence.
The female victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, have the right to take up another job, from the same professional group, which the undertaking has vacant in any other of its workplaces.
In such cases, the company will be obliged to communicate to the worker the vacancies existing at the time or those that could be produced in the future.
The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the worker.
Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.
Absences or faults of punctuality to work motivated by the physical or psychological situation arising from gender-based violence will be considered justified, when determined by the social services of care or services of health, as appropriate, without prejudice to the fact that such absences are communicated by the worker to the undertaking as soon as possible.
In the case of the worker who is forced to leave her job as a result of being a victim of gender-based violence, the period of suspension will have an initial duration that will not exceed six months, except that the proceedings of judicial protection result in the effectiveness of the victim's right of protection requiring the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.
The female victim of gender-based violence will have the right to make effective her protection or her right to comprehensive social assistance, to the reduction of the working day with a proportional reduction of the salary or to the reordering of working time on the terms set out in this collective agreement or in accordance with the agreement between the company and the worker concerned.
In all that is not provided for in this article, it will be in accordance with Law 1/2004, of measures of comprehensive protection against gender-based violence.
CHAPTER IX
Trade union rights
Article 46. º of trade union rights and guarantees of the exercise of union function.
The right of workers to be freely given, as well as to exercise trade union activity, without being affected by their employment or working conditions by their affiliation or by the exercise of their duties representation of the template, is collected and covered by both the constitutional law and the labor standards in force.
On the part of companies, the principle of equal opportunities will be dealt with, avoiding any discrimination against persons who perform functions of representation of workers and workers.
In order to facilitate the compatibility between these trade union functions and those inherent in their group and professional level in the organisation, below are some of the applicable criteria for action in the field of each company:
1. If, at the discretion of the Company, the exercise of the trade union activity is not compatible with the development of the function entrusted, the company may make the necessary organizational adjustments for its compatibility, prior to communication to the relevant trade union section. In the event that these measures entail change of position or function, the agreements signed with the representation of the workers will be applied by the Company and in this respect, the level of perceptions will be maintained. including economic supplements, derived from the post or function that the employee has received up to that point, and the scope of representation for which the employee was elected will be taken into account.
2. In those undertakings which have variable remuneration schemes, they may be established, by mutual agreement between the undertaking and the majority representation of workers, the measures necessary to ensure equal treatment and equal treatment. opportunities for workers ' representatives.
3. The legal representatives of the employees shall be assessed, where appropriate, without the hours devoted to their trade union activity being liable to prejudice the assessment concerned or, therefore, to the variable remuneration which may be corresponding to them derived from such assessment.
4. In order to facilitate the reversibility of the trade union function at any time when the representative of the workers so decides, on the part of the undertakings, it will be provided as soon as possible, its assistance to the training courses which necessary to facilitate professional development on equal opportunities.
Article 46. Union action at sectoral level.
The Spanish Banking Association will be able to negotiate with each of the trade unions, which will have sufficient legitimacy to request it, the terms of the exercise of its trade union action in the field of application of the Present Convention.
Article 47. º Training.
The workers ' union representation of the company's training plans will be reported annually.
Workers ' representatives will have access to training activities and retraining both during their tenure and at the end of their term.
Access to recycling courses will also be facilitated for people who are incorporated after leave or decrease in day by family obligations.
Article 48. Union Communications.
1. Companies, provided that they have an intranet as a usual tool of work and information to their employees, will make available to the union representations with presence in the Committees of company, of a particular site, enabled for each Union, in which they can disseminate the communications which they regularly direct to their affiliates and workers in general, within their scope of representation.
These particular areas will be independent documentary management resources, public access of the template and, exclusively, consultation for the staff, with possibility of notice of novelty within the union portal itself.
The maintenance of the publications shall be the responsibility of the administrators that each Union designates to the effect and restricted access to that end.
2. To facilitate communication, companies will provide a specific account of corporate mail to each of the legally constituted business union sections (L.O.L.S.), of the trade unions that have the status of more representative at the sectoral level, if they so request.
Within the scope of each company, the terms and conditions of the submissions relating to the postal items that are intended for the entire staff or a collective shall be determined by agreement between the company and the trade union representation. of workers.
3. Communications, as well as emails, must be strictly in work and directly related to the exercise of the legal representation of workers, without being able to be used for other purposes, and will be subject to the same technical and, as the case may be, legal safeguards established by the Personal Data Protection Act, as well as all information disseminated through these new technical means in the companies.
The content of the information on the particular site of each Union, as well as that of the e-mails, will be in accordance with the provisions of the art. 4.2.e) of the Workers ' Statute, as regards both persons and institutions.
In correspondence with this facility, in the field of the company, the bulletin boards will be deleted, except in those job centers where the intranet is not accessible. The trade union sections, in so far as they use these systems, must reduce the volume of communications transmitted by traditional media (photocopies, paper-based notes, telephone, etc.).
Item 49. Template Information.
In order to facilitate the work inherent in its function, the companies will give to the workers ' union representation, information of the staff, of their field of representation, in computer format, with the forecasts of the LOPD and of the E.T. article 65.2
The information shall be provided on a semi-annual basis, within the month following the relevant calendar year and shall contain at least the following data:
Employee or enrollment number, name, last name, gender, date of entry, Professional Group, Convention Level, Work Center, Office Key, Province, Contract Type and Contract expiration (if temporary).
Article 49. Union dues.
At the request of the Central or Trade Unions which subscribe to this Convention, the undertakings of more than 250 workers falling within its scope shall be deducted from the monthly payroll of their employees affiliated to the said Convention. Central or Trade Unions and upon request of the same, the amount of the corresponding union fee.
The worker interested in carrying out such an operation shall send to the Management of the Company a document in which the discount order, the Central or the Union to which it belongs, the amount of the quota, shall be clearly expressed, as well as the number of the current account or savings bank account to which that amount must be transferred. The undertakings shall carry out the following actions, unless otherwise specified, for periods of one year.
The Company's management will submit a copy of the transfer to the union representation in the Company, if any.
CHAPTER X
Disciplinary regime
Article 50. º Classification of faults.
The Company may sanction workers who fail to meet their employment obligations, in accordance with the fault rating established in this Convention, or which are comparable, with minor faults being classified, serious and very serious.
Article 51. ° Mild Fhighs.
The following are considered minor faults:
1. º The delays in the entry and the advances in the exit of the job, unjustified and not reaching six in a month.
2. No absence from work that justifies it or has permission from the immediate superior provided that it does not exceed one hour, and does not seriously affect the service.
3. The incorrect or impolite treatment of the public or the coworkers.
4. Do not communicate to the Company with due diligence the changes of domicile, as well as variations in the family situation that may have an impact on the Social Security, Public Finance, care action or regime the Company's obligation to do so.
5. Do not inform the superiors, in the first hours of the day, of the causes of inattendance at work, unless there are justified reasons to prevent it.
6. No Negate in the performance of the work duties, when they do not cause or derive prejudice to the interests of the Company.
7. Faltar to work one day without justified cause.
Article 52. º severe high.
1. False to work, no cause justified, two days in a period of two months.
2. º The negligence in the performance of the duties, when it causes or leads to serious injury to the interests of the Company.
3. The delays in entry and advances in departure from work, unjustified and exceeding five in one month; or repeated over a period of three months exceeding the number of eight months, after warning to the worker; or that the sum of those exceeds the hours of one of their working days in a quarter.
4. º Interrupt or disturb the service, without legal justification, performing or allowing in the Work Center any activity outside the interest of the Company.
5. º Do not communicate to the Company facts witnessed or known to cause or could cause serious harm to the interests of the Company.
6. The malicious concealment of errors of their own and of delays produced in the work causing injury to the Company.
7. The retention, without the authorization of the competent head, of documents, letters, data, reports, etc. or their application, destination or uses other than those that are coming.
8. Record the presence of another worker by using their tab, signature, control card, or by altering the input and output controls to the job.
9. The recidivism or reiteration in a minor lack, within a period of three months, when a written sanction has been mediated, except those regulated in point 1 of minor faults, which shall be governed by the provisions of paragraph 3 of this Article. Severe.
Article 53. º very serious.
1. The transgression of good contractual faith as well as the abuse of trust in the performance of work.
2. The fraud or disloyalty in the efforts entrusted or the appropriation, theft or theft of property owned by the Company, colleagues or clients. Also, the realization of these last facts about any other person within the Company's dependencies.
3. The simulation of disease or accident, as well as the performance of activities incompatible with the situation of illness or accident.
4. º The breach or violation of must-reserve secrets.
5. The usual drunkenness or drug addiction if it has a negative impact on the job.
6. The infringement of the Company's rules, committed for the purpose of concealing, falsifying or masking the true situation and nature of the accounting statements or the risks incurred.
7. The abuse of authority by superiors.
8. º Sexual Harassment in the terms established in the Law and the Collective Agreement.
9. Indiscipline or disobedience at work.
10. º The continued and voluntary decline in the performance of normal or agreed work.
11. º The verbal or physical offenses to the employer or to the persons working in the Company or to the family members who live with them.
12. º The reiteration or recidivism in serious misconduct over a period of twelve months, provided that you have mediated sanction in writing.
Article 54. º Sanctions regime.
It is up to the Company to impose sanctions in the terms of the provisions of this Convention. Of any sanction, except for the verbal admonition, the person concerned shall be transferred in writing, who shall acknowledge receipt or sign the notice of the communication, without this being in accordance with the facts.
Notwithstanding the provisions of this Chapter, the company may, in the light of the circumstances, apply to any of the penalties provided for in the case of lower-gravity types, without such a reduction in the penalty implies variation in the rating of the fault.
Maximum penalties.
The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:
a) For minor faults:
1. Verbal Assembly.
2. AmonStation in writing.
3. Suspension of employment and salary of up to two days.
b) For severe faults:
1. Suspension of employment and salary up to twenty days.
2. Forcible transfer to a population other than the usual residence of the employee, for a maximum period of three years, within the same province. For these purposes, the job contract suspensions will not be computed.
3. º Temporary disablement, for up to two years, to move to higher levels.
4. º Time Loss of the Level passing to the immediately lower, even if it involves a change of Group, with its economic impact, for a maximum period of one year.
c) For very serious faults:
1. Suspension of employment and salary of up to six months.
2. º Forced to population other than the employee's usual residence.
3. Final Loss of the Level or Group with its economic impact.
4. º Temporary Inablement for up to four years, to move to Higher Levels.
5. Unasked.
Article 55. Precautionary measures.
The Company may, where necessary for a better understanding of the true scope and nature of the facts, be able to provide a precautionary order for the employment of the affected worker to be suspended for a maximum period of two months, disposition of the Company during the time of suspension.
Article 56. Prevention of sexual harassment.
1. It constitutes sexual harassment of any verbal or physical behavior, of a sexual nature, that has the purpose or produces the effect of attacking the dignity of a person, in particular when creating an intimidating, degrading or offensive.
2. In order to prevent situations of sexual harassment, the company will ensure that a suitable environment is achieved at work, free of unwanted behaviour of character or sexual connotation, and will take the necessary measures to the effect, arbitrating specific procedures for their prevention.
With this same aim, it will also be possible to establish measures that will have to be negotiated with the workers ' representatives, such as the elaboration and dissemination of codes of good practice, the realization of campaigns information or training actions.
3. Irrespective of the legal actions which may be brought before any administrative or judicial body, the internal and informal proceedings shall be initiated with the complaint of sexual harassment before a person from the management of the the company.
The complaint will lead to the immediate opening of the information file by the company, especially aimed at finding out the facts and preventing the continuation of the reported harassment. The company is exempt from the possible liability for violation of fundamental rights.
The representation of workers shall be brought to the immediate knowledge of the situation raised, if so requested by the person concerned.
In the investigations to be carried out, no more formality will be observed than the one to give the hearing to all the interveners, practicing how many actions can be considered conducive to the clarification of the facts. occurred.
During this process-which must be substantiated within a maximum of ten days-all actuants will be kept absolutely confidential and reserved, for directly affecting the privacy and good repute of the people.
The finding of the existence of sexual harassment in the case reported will give rise, among other measures, provided that the active subject falls within the scope of management and organization of the company, to the imposition of a sanction.
CHAPTER XI
Multiple Provisions
Article 57. Revenue.
1. The income of the employees will be made in accordance with the legislation in force.
In order to facilitate greater transparency and information in the staff selection processes in the income in which the collective test is carried out on a systematic and standardized basis over the course of a year, the companies shall provide the trade union representation with the following information: professional profile required, contents of the different selection tests and objectives of the same. The trade union representation of its results shall also be reported.
2. With the aim of promoting stable employment and the opportunities for direct employment in the sector, firms which, during the calendar year, maintain a weighted average of 90% of fixed employment, taking the data weighted average on a monthly basis, may be eligible for the following calendar year and within the limits available by collective agreement, i.e. a maximum duration of 12 months in a period of 18 months, to the criteria laid down in paragraph 1 (b) of the Article 15 of the Staff Regulations.
For such purposes, undertakings making use of the extension referred to in the preceding paragraph shall report at least annually on their application, providing appropriate data, to the representation of workers.
This possibility will apply for contracts that are formalized from the date of entry into force of this collective agreement.
Article 58. º Productivity.
The parties to this Convention share and assume concern to improve the productivity of the sector.
Article 59. Unes.
The garments of the uniformed General Services personnel will be cost by the Companies, which will determine everything related to their use and conservation.
1. Such staff shall have the right to be provided annually with two pairs of shoes.
2. The fabric of the uniforms that will be given annually to the uniformed personnel, alternating the winter with the summer, will be suitable to the climate of the respective square. The choice of the textile and footwear genre shall be made after the hearing of the representatives of the staff.
Additional clause first. Employment protocol.
In the current economic context, both sides share that the defence of employment in the sector is a priority, and they are committed to work in order to maintain the greatest possible stability of jobs, promoting the negotiation of alternative measures to the extinction of contracts, considering that the best guarantee for this will be to try to improve the strength and solidity of the companies, maintaining their level of competitiveness, so that they are able to to provide value on a recurring basis and to adapt permanently to the environment, requirements of the market at any time. In this context, elements such as wage moderation and the permanent effort to adapt the templates contribute positively to this objective.
Therefore, if, during the duration of the Convention, it was necessary to deal with processes of reordering or restructuring collective-scope templates, the parties agree to promote the negotiation of the measures to be taken, on the basis of the following criteria:
• In the restructuring processes which may be undertaken in the field of enterprises, the preferential use of internal flexibility measures such as, inter alia, the suspension of contracts for work and surplus, the reduction of working time, functional and geographical mobility and substantial modification of working conditions.
• Before proceeding to the legal procedures provided for in Articles 40, 41, 47 and 51 of the Workers ' Statute, the Companies will open a preliminary and limited process in the time of negotiation with the Representations of the workers.
• Both in the integration processes and in the restructuring of Entities, both parties commit themselves to negotiate in good faith.
• Companies will promote the training of their staff in order to enable them to perform other functions other than those they have been carrying out in order to improve their employability.
The Joint Committee of the Convention will have among its powers to know in general terms the development of employment in all the enterprises included in the scope of this collective agreement.
In the field of each Company shall be provided to the trade union representations of the present Convention periodic information on the evolution of the employment in the same, being able to constitute with such purpose specific channels of the dialogue with that representation.
Additional clause second.
The parties to this Convention, in the face of the increasing implementation of computer technology, whose correct use favours both productivity and even the comfort of work, express their intention of that these techniques do not lead to the contrary effects of the intended use of poor use. In this regard, particular attention shall be paid to the safety and hygiene aspects which those techniques may offer, including ophthalmology.
Additional third clause.
It is agreed to adapt the current Joint Sectoral Training Commission to the tasks set out in Royal Decree 395/2007 of 23 March, which regulates the vocational training subsystem for employment, as the other current development regulations.
Additional clause fourth.
Within the scope of each undertaking, by agreement with the representation of workers, social provision, replacement or supplementary systems, other than those laid down in Articles 35, 36 and 36, may be regulated or established. 37 of this Collective Agreement.
Additional fifth clause.
Couples are recognized in fact duly accredited and registered as legally established at any time, the right to enjoy the licenses collected in the art. 27 of the collective agreement, paragraphs b, c, d, e and f, which may correspond to them.
For the purposes of the foregoing paragraph, the existence of a couple in fact shall be credited by certification of the registration in any of the specific records existing in the Autonomous Communities or Local authorities of the place of residence or through a public document stating the establishment of such a couple.
In addition, these situations will be recognized for the purposes that correspond to the application of the art. 40º on Anticipates and loans to staff, paragraphs c, d and f.
Additional clause sixth.
In the event of the promotion of elections to workers ' unit representatives at the sectoral level, agreements may be concluded between the AEB and the trade union representatives to determine, within the legal possibilities in force, the most appropriate forms of grouping of centres which may favour the general participation of workers in the electoral process.
Final disposition first. Joint Commission.
With the same term of validity of the Convention, a Commission will be set up with the specific task of knowing and deciding on how many questions of interpretation about the provisions of the Convention will be formally submitted.
This Commission shall be composed of a maximum of 12 members, each of which shall designate a maximum of 6; at least 2 of the members appointed by each party shall have belonged to the Commission. Convention Negotiator.
the 30 days following its constitution, the Commission will approve its own Rules of Procedure, in which, among other aspects, it will be regulated with the utmost precision, all the matter of the Secretariat, with the same term of validity of the Convention, a Commission shall be set up with the task of calls and meetings.
Requested by any of the two parties of the said Commission, the Commission shall meet within the maximum period of 15 days.
It will be functions of this Joint Commission, the following:
1. Report to the Labour and/or Judicial Authority, where appropriate, on how many issues are raised about the interpretation of this Convention.
2. To exercise arbitration and mediation functions in matters submitted by the parties to their consideration.
3. Monitor compliance with the provisions of this Collective Agreement.
4. To know and decide on the issues raised in the following subjects:
-Application and interpretation of the Collective Agreement in accordance with Article 91 of the Workers ' Statute.
-Resolution, in the absence of agreement, and in accordance with the provisions of the legislation in force, of any discrepancies that may be subjected to it in the cases of inapplication in the Company of working conditions provided for in the Convention collective, as set out in art. 82.3 of the Workers ' Statute.
5. To develop functions of adaptation or, where appropriate, modification of the Convention during its term, according to the procedure laid down in the current working regulations. In this case, all the parties entitled to the negotiations must be incorporated into the Joint Commission, even if they have not been signatories to the Convention.
6. In addition to the functions set out above, this Joint Commission will bring its functioning into line with the legal regulations in force at any time, including the functions and powers of the Joint Committee.
7. Within the Joint Committee, the agreements shall be adopted by a majority of the members of each of the two representations, but with regard to trade union representation, the vote shall be weighted on the basis of the representativeness of each of the parties. Union at the negotiating table, the Convention. The representations present in the committee shall be responsible for secrecy with regard to the information to which they have access, and the agreements shall be reflected in a summary record to be signed by all the participants at the meeting. Copies of the minutes shall be made available to the Advisory Entities and to the Legal Representation of the Company's employees.
8. If there were discrepancies within the Joint Committee which would prevent the adoption of agreements in matters falling within its scope of decision, both representations may, by mutual agreement, subject to mediation or arbitration the question on which they are has the discrepancy.
9. The validity of the agreements shall require the presence of all the members of the Commission.
Final disposition second. Commission of study and analysis of the collective agreement for its adaptation to the reality of the sector.
During the term of the Convention, a "Commission of Study and Analysis of the Collective Agreement for its Adaptation to the Reality of the Sector" will be set up by the signatories of the Convention; its first task will be to draw up its regulation and to establish the means, both human and material, to develop their work. The conclusions reached by this Commission will be raised to the Joint Committee on the Collective Banking Convention.
ANNEX
Transposition of accrual heads before 1.1.96 to the new tier scale
| New Situation | |
|---|---|
|
Trienes | Level |
|
1. | I |
|
2. | II |
|
Chief 3. |
III-IV |
| Chief 4. | VI-VII |
| Chief 5. | VI-VII |
|
Chief 6. | VIII |
