Seen the text of the collective agreement XXII of banking agreement (code number 99000585011981), which was signed, dated March 14, 2012, on the one hand by the Spanish Association of banking, on behalf of the companies of the sector, and other by the trade unions Federation Services Finance and administration of CC. OO and State Federation of services of UGT, on behalf of affected labor collective, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, consolidated text approved by Royal Legislative Decree 1/1995 of 24 March, and in Royal Decree 713/2010 of 28 may on registration and deposit agreements and collective labour agreements , This Directorate-General of employment meets: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Official Gazette».
Madrid, April 19, 2012.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.
XXII Convention collective of banking chapter I provisions general article 1 preliminary layout.
1. references that are made to Convention"without further specification in the following articles be construed as references to the present collective agreement.
2. when the present Convention speaks of «companies» other imprecisely banking companies which affects Convention, according to its article 2 3 should be understood. «Personal» and «worker» expressions used in the following articles include all employees included in the groups referred to in article 7th of the Convention, unless the context of the articles be deducted that they refer only to one or several of these groups.
Article 2 scope of application.
The present collective agreement regulates and will be of mandatory application to relationships among the banking companies, Bank clearinghouses and few companies use the denomination of Bank being its business banking company, and staff with effective job linking them on January 1, 2011 or that enter later.
Functions of senior management, high government or High Council, features the following positions or others similar are excluded: CEO, Director or Manager of the company, Assistant Director-General, Inspector General, General Secretary... In any case, the exclusion requires indispensable so that their remuneration is greater than the maximum established in the Convention.
Its territorial scope shall be limited to the State.
Work to provide the Spanish workers contracted in Spain in the service of Spanish banking companies abroad shall be governed by the agreement to the effect with strict submission to Spanish law.
The worker will have a minimum economic rights which you work on Spanish territory.
The worker and the employer can submit their disputes to Spanish jurisdiction.
Article 3rd previous agreements.
This Convention replaces the previous one, approved by the General Directorate of labour decision dated August 1, 2007 and published in the «Official Gazette» from August 16 of the same year.
Article 4th entry into force of the Convention.
The duration of this Convention will be extended from January 1, 2011 until December 31, 2014. Its entry into force will take place on the day of its publication in the «Official Gazette».
The term of validity referred to in the preceding paragraph shall be extended tacitly from year to year, unless the agreement was denounced by any legitimate unions or business associations to negotiate, in accordance with article 87 of the Statute of workers. In any case, the complaint must be carried out in the period between 1 October and 31 December of the year in which complete its entry into force or that of any of their possible extensions.
Article 5 general clause of compensations and absorptions.
1. the Convention compensates and absorbs any improvements made by staff, or through other conventions or mandatory standards, either by unilateral decisions of the companies.
2 will be also absorbed by the Convention, insofar as possible, the economic effects that may arise from legal or administrative provisions which enter into force after the signing of the agreement. For the purpose of practice uptake will be compared globally the situation resulting from the application of the Convention and which result from the legal and administrative, excluded provisions of these which were merely passing grades of other collective agreements.
Article 6. Unit of the Convention.
The articles of the agreement forms a unified whole. Not be admissible interpretations or applications that, for purposes of judging on individual or collective situations valued individually agreed stipulations.
Chapter II classification professional article 7th professional groups.
1. technical. Those who are by their expertise and professional experience have assigned roles, seizure or of executive responsibility, Coordinator or Advisor, with autonomy, supervision and responsibility in accordance with the assigned functions.
University graduates who are hired to perform specific services that are enabled by its title are expressly incorporated into this group.
The assignment, modification and cessation of functions within the Group of technicians is appointees by the company, without prejudice to the maintenance of the salary of the consolidated level.
For the purposes of retribution are distributed in the levels I to VIII.
The Director of a Bank Office will have a minimum level VI.
2 administrative. They are those workers who, possessing sufficient training, have attributed the realization of banking jobs ‑administrativos or gestion‑, by applying the procedures and instructions received, under direct hierarchical supervision and responsibility commensurate with the tasks assigned.
They are expressly incorporated into this group the tasks attributed in the 16th Convention categories of officers and administrative assistants and telephone operators, as well as the telemarketing.
For the purposes of retribution are distributed across IX to XI.
3. General Services. It is made by person performing services and specifically non-banking jobs, such as Concierge, monitoring, storage, cleaning and any others of a similar nature.
For the purposes of retribution are distributed across IX to XII. The 12th level will be reserved to the cleaning staff.
Article 8 top group work.
Workers who perform the function of a professional superior group for a period of 6 months in a year or 8 months in two years, will go to belong to new professional group with the salary level corresponding to the work performed.
Article 9th functional mobility.
Functional mobility in the bosom of the company shall have no other limitations than those required by the academic or professional qualifications specific to the labor provision and by the professional group membership.
Technicians that the powers were removed may play the functions of the administrative group, under agreement with the company or, failing that, by decision of the limit of three years, keeping both your professional group membership and the salary corresponding to their level.
Article 10 promotion.
The promotion of staff to higher level or group occurs according to the following forms: i. by agreement between the worker and the company.
II. by seniority, computing the time served in each group and level in the following manner: 1. on the administrative group will be changed to level X after six years in the XI level; and similarly the level X to the 9th level. To these effects while the worker has belonged to the Group of technicians.
Exclusively for remuneration purposes, the staff of the 9th level with 24 years of service in the administrative group will be equated salarialmente level VIII through the perception of the difference in salary between both levels. For this purpose, also be computed while the worker belonged to the Group of technicians, whenever in time to meet the 24 years of service it belongs to the administrative group.
Alternatively to the system provided for in the preceding paragraph, the equal salaries to the level VIII of staff administrative level IX will also occur at the end of twenty years of seniority in the administrative group and thirty in the company. Who had this condition before January 1, 2011, be charged from that date and those who comply with it during the remainder of the term of the same, charged from the date of fulfillment of the condition.
2. in the General Services group it will be level XI x and IX after serving six years in each of the first.
III. by training, in the following manner:
1. at least 10 per cent of the staff of the administrative group will be reserved for employees wishing to ascend to the IX by training level, and another 10 percent of the employees, who are at the level XI of this group for those who want to ascend to the level X by training.
In the percentages of the level IX and X by training not be computed to those who reach such levels by seniority, so that once met the deadline by training employees will produce vacancy in its respective percentage, but they will always retain rights having recognized by such a condition.
Annually the company published estimates referred to above at enterprise level two paragraphs to make the timely call. This must be done within the first half of the year following the closure of the census, taking effect the promotion on 1 January of the said six months, even if the term of realization exceeds.
They may participate in these promotions the employees of administrative groups and general services that have an antiquity in the company of at least two and four years respectively.
When a worker of the General Services group with level IX X administrative group level, it will keep you temporarily the salary of one. The difference between both salaries will be reduced to produce new accruals of triennia and the amount of these, and the worker are paid the salary of the level by which had risen from the moment in which the amount of the triennia accrued since he ascended to that level is equal to or higher than the cited difference of salaries.
2. firms are required to convene annually a number of promotions to the level VIII of the technical group equivalent to 20 per cent of the employees incorporated within one year at that level.
You can participate in these promotions the administrative staff of the 9th and 10th level with three years in the company.
Companies may pay the calls that they deem appropriate to a maximum of four per year.
Not having convened at 31 December of each year the indicated percentage, during the first half of next year will be the appropriate calls, taking effects promotion on 1 January of the cited half.
3. the courts, designated in the form referred to in article 11 of this Convention, shall carry out selection and tests referred to in the following paragraph.
4. the selection of those wishing to ascend and training tests will be made taking care to avoid memoristicos and practical efforts that may be useless, to reconcile the theoretical and practical aspects that are of interest in the programs, which should be announced with due anticipation and to ensure the maximum success for the choice of those who deserve it by their spirit of work and service.
5. the companies, taking advantage of the vacancies that occur, shall endeavour to allocate to employees amounted by training to work in which can exercise the capacity that was credited.
6. the staff enjoy a leave for care of children minors or family members shall have the right to participate in tests of promotion that occur in the Bank while you are in this situation.
IV. by decision of the company within the professional group, if comporta improves for the worker.
V. Promotion of level, except in the case of seniority and training, they will be consolidated to six months of access to the same.
VI. staff promoted to level VIII not entitlement, the date that would be you hypothetically assimilation to the 8th level by application of the second subparagraph of paragraph II.1 of this article, an amount less than that may correspond by Convention in such a situation. While such a difference any amount it will appear on the receipt of assets under the concept "difference article 10.VI".
Article 11. º courts of exams.
The company will appoint the Court which has to judge the tests of training, in which the trade unions will be represented.
This representation will necessarily rely on an employee of the company chosen by the most representative trade unions, with the quality of representative of the workers and which possess a minimum level object of the call.
All the members of the Tribunals will be matched in their powers and duties.
Chapter III remuneration article 12 compensation concepts.
1 during the term of this agreement the regime of remuneration of staff will be made only by the following concepts: to) salary.
(b) increases by seniority.
(c) extraordinary gratifications of July and Christmas.
(d) participation in profits.
(e) bonuses and additional or special assignments.
(f) encouragement to the production.
2. the retributive concepts referred to in the previous paragraph will have the content and scope specified in the following articles.
3. for the purposes of the application of the following items refers to «pay» or «month» the dozava part of salary and increases by antiquity that each worker received effectively.
4. in the field of each company, by agreement with the worker, part of the concepts of the Convention for the compensation in kind which allow the regulations in force at any time, without alteration of the amount annual gross wage of Convention and within the existing limits at each moment to the perception of wages in kind may be substituted. In these cases the company offers Iran aimed at all of the template, thereof it shall previously inform Union representation and concepts appear in list of detailed and separated from the rest of the Convention concepts form.
Article 13.º salary.
1. the salaries of the staff according to their level will be those contained in the following tables: Group of technical level 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 24.912,00 24.604,44 24.604,44 III 25.285,68 IV 23.442,22 23.442,22 23.735,25 24.091,28 20.522,22 20.268,86 20.268,86 V 20.830,05 VI 18.978,33
18.978,33 19.215,56 19.503,79 18.530,83 18.256,98 18.031,59 18.031,59 VII VIII 17.084,49 17.084,49 17.298,05 17.557,52 administrative group level 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 14.455,53 14.241,90 14.066,07 14.066,07 X 12.989,34 12.797,38 12.639,39 12.639,39 XI General Services Group
Level 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 14.455,53 14.241,90 14.066,07 14.066,07 X 12.797,38 12.639,39 12.639,39 XI 12.989,34 XII (HR) 3.26 3.26 3.30 3.35 2. Wages referred to in the preceding paragraph are annual and will be effective for dozavas parts payable by monthly payments overdue.
Article 14.º increases by seniority.
1. during the term of the agreement pay based on seniority shall be determined in the way established in the three following articles.
2. not be confused age and service time effective in the enterprise, in such a way that the partial or total loss of one will not take, because it is in fact, decrease of this.
3. provided that the Convention refers to increases by seniority, «trienios» or «perceptions by age» means made reference to amounts accrued in accordance with articles 15 and 16.
15.º seniority in the company article.
1. during the term of the agreement govern a system of complementary remuneration on the basis of the seniority in the company, which shall be governed by the provisions of the following paragraphs.
2. be computed antiquity in the company by complete triennia of effective service to or recognized by it.
The triennia, and generally increases severance, shall be deemed expired in any case the first day of the month in which meets it.
3. the amounts of the increases by seniority shall be those listed in the following table: amount per hour per each triennium 2011 / 2012 2013 2014 General Services Group, level XII 0.18 0.18 0.18 annual amount per each triennium 2011 / 2012 2013 2014 staff entitled with incomplete day 218,58 221,31 224,63 other 437,14 442,60 449,24 4. The amount of the triennia will be cash for dozavas parts, payable for overdue payments, except of the corresponding operators of the 12th level, whose daily or monthly amount will be effective depending on the number of hours in which they provide their services.
Article 16th antiquity in the technical group.
1. in addition to the triennia by seniority in the company, technicians will receive for each three full years of effective services in the same level of his group, triennia from the annual amount contained in the table below: level 2011 / 2012 2013 2014 512,91 505,33 499,09 I 384,78 380,03 II 390,55 III and IV 329,04 333,15 338,15 277,94 273,83 270,45 V VI and VII 181,48 183,75 186,51 2 145,71 143,56 141,79 VIII. These triennia in regards to technicians from level I to VI inclusive, only shall accrue for the time in which have been, or have the status of proxies.
3 I to VI that had lost their powers remain to level technicians triennia from antiquity in the Group of technicians earned up to the date of the withdrawal of powers. Well understood that henceforth no vest new triennia of this nature.
4. when a technician change levels within the of your group will remain triennia in the levels that had been previously. These trienios will be the amount corresponding to the level in which the chargeable event occurred. If at the time of occur change had run a fraction of three years, this will be calculated for the purposes of accrual of the first three-year period corresponding to the level that it had happened.
The headquarter triennia accrued before the 1.1.96 shall be collected in accordance with the transposition to the new scale of levels contained in annex.
5. the triennia referred to in this article be fulfilled by dozavas parts, payable by monthly payments overdue.
Article 17th extraordinary Gratifications of July and Christmas.
Staff in each of the months of July to December shall be entitled to a special bonus.
Its amount will be equivalent to that on the date of their perception corresponding monthly salary and seniority and, naturally, in the proportion that appropriate if his tenure at the company was less than a year.
Article 18.º participation in profits.
1. during the term of the agreement the staff shall receive a share of profit to be determined in the manner which establish the following paragraphs.
2. If 10 per cent of the amount of the liquid dividend paid to shareholders not exceeds the amount of a quarter of pay in the company, also liquid, staff are paid the equivalent of a full pay. If 10 per cent of the liquid dividend exceeding a quarter pay and lower average pay, also liquid, staff will receive the amount of pay and quarter, and so on this perception will increase in pay quarters necessary to absorb, in his case for excess, that difference.
In any case, and during the term of the present Convention no shall be charged by this concept a number of quarters pay less to the Subscriber by each company in 2010, or more than 15 quarters of pay (pay 3.75).
3 participation in the benefits of the staff of foreign banks, banks and industrial businesses and bank clearing houses, shall apply in the following terms: to) banks aliens. - personnel charged so many quarters pay as the staff of the commercial bank of national category which has more perceived by strict application of paragraph 2 above (15 quarters of pay i.e., 3.75 pay).
(b) banks industrial and business, created and processed under the protection of the law of management of credit and banking 14 April 1962. Shall be the arithmetic mean of quarters of pay, by strict application of paragraph 2 above have been satisfied by commercial banks of national category. The number represented by the arithmetic mean, rounded in its case by excess, is the number of quarters pays these banks staff are paid.
((c) clearing bank. houses - will be equal to industrial banks and business regulation illustrated in (b)) above.
4. the participation in the benefits referred to in the preceding paragraphs shall accrued on December 31 of each year and shall be effective to the extent of a full pay in December of 2011, 2012, 2013 and 2014. The excess is the amount relinquished, in accordance with the previous paragraphs, will be effective within the first semester of the following year.
Article 19th assignments and additional or special bonuses.
1. during the term of this agreement will only govern allocations and supplementary or special bonuses established and regulated in the same or other provisions not amended or abolished expressly in this agreement. The transport plus is specifically absorbed.
2 staff with age of less than three years framed on the template of the companies with level XI of the administrative group will receive a temporary assignment, which accrue by monthly payments in the twelve calendar months of the year, leaving perceive at the time that each interested start to earn increases by seniority, with the annual amount contained in the following table : Concept 2011 / 2012 2013 2014 allocation transient 63,56 64,35 65,31 3. Called suppressed parties compensation has right to staff integrated with prior to February 7, 1958 and the entered after this date which has been perceiving it as more beneficial condition, shall be determined based on the resulting compute 14 pay as dividend. The splitter will be 1,700.
4. reparations for residence, besides in the ordinary and extraordinary pay from July to December, also credited to the fixed and guaranteed payments that otherwise the staff perceives.
5 31.12.95 who themselves janitors category are entitled to housing or, in default, for an annual allowance, which, since the entry into force of this Convention, shall have the same percentage increase treatment which in the future may have benefits of article 12 of this Convention.
Consequently, the annual allocation is that given in the following table: concept 2011 / 2012 2013 2014 allocation janitors 274,43 277,86 282,03 6. Plus transitional. - in branches and agencies with operational autonomy Attorney having attributed specifically the responsibility of the administrative or operating performance of the same will receive a transitional plus while you are in level VIII or VII, with annual amount contained in the following table: concept 2011 / 2012 2013 2014 transitional Plus 588,47 595,83 604,77 such amount will be effective by dozavas parts payable by monthly payments overdue.
7. starting from the year 2007, inclusive, shall be paid a quarter of pay in concept of 'improvement of productivity', which will not be pensionable to none of the effects of pension supplements contained in this Convention. Therefore, it not computed for the calculation of pensions allowances referred to in articles 35 °, 36 °, 37 and 38 of this Convention or, where appropriate, the agreements established in the additional clause 4th replacement. This quarter's pay, which will have an annual basis, accrue from January 1 through December 31 and be paid in the month of August of each year.
8 perception RAE. Establishes the possibility of receiving an additional perception of character variable, without impact on tables, and therefore not consolidatable or pensionable, depending on the evolution of the following sectoral indicator:
• Indicator: RAE (result of the operating activity) sectoral, communicated by the Bank of Spain to AEB, of the banking activity in Spain, referred to the year 2010, and perimeter homogeneous comparison, in such a way that the basis of comparison with respect to entities considered in each of the exercises must be homogeneous with the taken-reference (2010).
The amount of the aforementioned bonus, if applicable, will depend on the growth of the sector SAR fiscal years 2012, 2013 and 2014, with regard to the sectoral RAE for the year 2010, according to the following table: increase sectoral SAR exercise on the basis of comparison 2010 unique perception of Convention (article 12 concepts) annual salary equal to or greater than 5% 0.50% equal or higher to 10% 0.75% equal or superior to 20% 1.00% greater than or equal to the 30% 1.25% once available the AEB's data from the SAR sector for the year in question, provided by Bank of Spain, it shall upon verification by the Joint Committee of the agreement, entities from the scope of application of the collective agreement so that, if necessary, they can proceed with the payment of the bonus that it matches, which will be paid in a single payment within the first half of the year following the application year, you earn from 1 January until 31 December of the financial year in question and shall be calculated on the annual wage, by 31 December of that year, according to the concepts of article 12 of the Convention.
Exceptionally and with independence from the regulated variable perception in the preceding paragraphs, in the case that the year 2014 sectoral SAR exceeds the for the year 2010, with effect from 1 January 2015, be strengthened a 0.25% increase in the salary tables on the concepts of article 12 of the Convention.
Article 20th overtime.
1 conscious parts of the grave situation of existing unemployment and in order to encourage the creation of employment, agree on essential to minimize overtime in accordance with the following criteria: to) regular overtime: progressive reduction.
(b) overtime required coming for the need of repair claims or other extraordinary and urgent damage: realization.
(c) required overtime for periods of end of production, unforeseen absences, rotating shifts, or other circumstances of structural nature derived from the nature of the activity concerned: maintenance, provided that does not fit the use of the various forms of temporary or partial recruitment foreseen by the law.
2. the number of overtime hours may not exceed, at any time, laid down by the laws, except the worked to prevent or repair claims or other extraordinary and urgent damage.
3. the provision of overtime work will be voluntary.
4 overtime performed are recorded every day in a single notebook or similar system, endorsed by the respective Chief. This book or similar document will be available to the worker, or in his possession, when permitted by their characteristics.
5. the management of the company will report quarterly and written to the works Committee, staff delegates and trade union representatives on the number of overtime performed, by specifying the causes and, where appropriate, the distribution section. In addition, on the basis of this information and of the above mentioned criteria the company and the legal representatives of the workers will determine the character and nature of overtime.
6 during the term of the present agreement, for the determination of the value of the extraordinary time, you will depart a value type for ordinary time, obtained computing the equivalent of 17.25 pay as dividend (for these purposes means pay the integrated by the salary more increases by seniority, concepts a) and b) item 12 the divisor will be the figure of 1,700. For the calculation of splitter corresponding personnel with less than the normal day, previous splitter will be reduced according to the shorter duration of the day.
On the value thus established shall apply an increase of 75 per cent.
Article 21.º stimulus to production.
On concept of stimulus to production, staff shall receive half pay, that will be effective in September of each year of the agreement.
Article 22nd Plus of quality of work.
The amount of this plus, which recasts and replaces the production, plus special agreement on quality of work and attendance and punctuality, plus the so-called stimulus bonuses shall be set at the annual amounts referred to in the following table: concept 2011 / 2012 2013 2014 Plus for quality of work 2.099,27 2.125,51 2.157,39 such amounts must be paid by dozavas parts payable by monthly payments overdue.
When the working time of the employee is less than the normal charged plus proportionally to the day that perform, respecting any more beneficial situation that individually come enjoy in relation to the bonuses replaced.
Article 23.º guards.
1 day guards on Saturday, Sunday or holiday will be voluntary, except for those who were obliged on 31.12.95. Once accepted the realization of guards, the commitment must be maintained at least for a year.
2 to each employee, enter you the time in which the guards to perform, and that they will always be eight hours, exceeding the normal duration of the day for other workers. The employee is entitled to that shall be granted an additional rest day when the annotated time, reaches, by accumulation of excess, a number of hours equal to the normal time the day that enjoy rest, or to monthly is pay you overtime as excess time worked. The choice between the two forms of compensation indicated corresponds to the worker, who exercised it only once for the whole period of validity of the agreement.
3 to pay guards during the day on Saturday, Sunday or holiday, compensatory weekly rest which, as it is up to the law, shall be granted within one business day and, in addition, shall be paid a surcharge of 75 percent on the value of the hours worked in those days.
Article 24th bonuses.
1 plus's functional versatility.
The staff of the administrative group will receive a functional versatility plus, payable in dozavas monthly parts, with annual amount contained in the following table: concept 2011 / 2012 2013 2014 1.149,74 functional versatility Plus 1.164,11 1.181,57 exceptionally, employees that having held the category of officers or administrative assistants to 31.12.95 and perceiving the same date one or more add-ins expressly abolished by the 17TH in amounts exceeding the established in the previous table, continue perceiving the excess, as a complement to transitional until the amount is completely offset by increases in the new plus's functional versatility.
2. General Service plus.
The staff of the General Services Group will receive a bonus whose amount annually, payable in dozavas monthly parts, shall be that shown in the following table: concept 2011 / 2012 2013 2014 1.164,11 1.149,74 General Service Plus 1.181,57 when the working time of the employee is less than the normal paid plus proportionally to the day that perform.
These bonuses will have the same increase that the concepts of article 12.
Chapter IV Jornada, holiday and licenses article 25.º day and schedules.
1. the maximum working for the sector, calculated on an annual basis, day will be 1,700 hours, in which they are computed as the 15 minutes of obligatory rest of effective work. The mentioned maximum working will be fulfilled according to the days and hours of work as defined in this article and with the rules of general application.
2 maintains the currently established continued schedule, which shall be as follows:-Monday to Friday: 8 to 15 hours, in which they are computed as the 15 minutes of obligatory rest of effective work.
-Saturdays: 8-13.30 hours, in which they are computed as the 15 minutes of obligatory rest of effective work.
-Clearance of Saturdays between April 1 and September 30 of each year.
However, in order to achieve the clearance of every Saturday, at the level of each undertaking may agreed with the Legal representation of the workers the implementation of corresponding to those Saturday hours on other weekdays of the same or a different week, so that they can improve the chances of reconciliation of personal life in manner consistent with the needs of the service.
In this sense, are recognized provisions contained in existing company agreements in this field to the date of signing of this agreement.
3. Alternatively, sets the party schedule listed below:-Monday to Thursday: 8 to 17 hours, with 1 hour break for lunch.
-Friday: 8-15 hours, in which they are computed as the 15 minutes of obligatory rest of effective work.
-23-v 30-IX: * Monday to Friday: 8 to 15 hours, in which they are computed as the 15 minutes of obligatory rest of effective work.
-Clearance of every Saturday of the year.
The match schedule will be voluntary and will be offered by each company to employees that it deems appropriate. Received acceptances will be applied in more than 25 percent of each company's work centers, not assume more than 25 percent of each bank's employees. The AEB shall notify signatory unions of the Convention Centers affected by the partition of the schedule that is defined here and nominal relations of employees affected in each Center, as the new timetables are being implanted, as well as their modifications.
Since the entry into force of the Convention employees carrying out the party schedule defined at this point in work centres in municipalities of more than 50,000 inhabitants census, is paid for each day that effectively meet this schedule party in food aid, the amount of 9 euros.
4. companies may establish schedules, discontinued or not, different for personnel management and auxiliary thereof (including drivers) in the minimum required, which for staff of production (managers and visitors), as well as adjust hours of service to the public and, therefore, the minimum of essential staff to lend it, where can other entities or non-banking establishments of similar function.
Applicable to the mechanized services turn-based system will remain.
5. workers who have special days of smaller duration with respect to the normal, will keep them with the same duration only if these days were less than seven hours, and will be entitled to enter into the work at the same time as the rest of the staff, since the early departure is considered more beneficial right condition.
6. exceptionally, in working days that in each case they integrated the calendar week in which each town celebrate their annual Festival, the day of the staff will be four hours of effective work, and when in certain locations the days of Royal festivities do not match the week before defined, they may be variations necessary to achieve this coincidence , provided that they involve the same number of working days of time reduction which would have corresponded in the above calendar week. For these variations, it will always be necessary prior formal agreement of the Joint Commission.
7 declares day of non-working clearance Saturday Holy, for the undertakings included in the scope of this Convention.
Article 26.º holiday.
I staff included in this agreement, entitled each year to a period of paid twenty-three days, which are not counted on Saturdays, Sundays or holidays. This enjoyment can be split up into three periods, being accurate to the third agreement between the parties. Staff to enjoy uninterruptedly at least five days of holidays outside the period from 1 April to 31 October each year, both inclusive, can expand their annual leave in an additional day.
Vacation of staff who enter, re-enter or ceases in the course of the year, they will be proportional to the days worked within the year and enjoy in the first two cases where the needs of the service permit.
Staff render service in the Canary Islands and to enjoy your holiday on the Peninsula, will have an extension of five days at its holiday.
II. period of enjoyment of the holiday.
The skilful for the enjoyment of the holidays will be between March 1 and November 30, both inclusive, of each year. However, staff who request it, permitting the service needs, enjoy your holiday in the remaining days of the year.
III. vacation pictures.
Holiday pictures should be made so that, except that happen circumstances that warrant another thing, in each of the months of March through November enjoy your holiday the same number of staff of each unit, excluding the staff of the technical group.
Dependence refers to in this paragraph the same Bank Office that any section that is organized, and must be to follows the origins of do the holiday box for bank offices or sections:-that the services are properly covered, trying to meet the desires of the worker.
-The extension of the template and the organization by sections of the office allow perform picture by section, without prejudice to the coordination that should be established between all in order to the general problem of the office.
Personnel affected by each holiday box, should be able to meet him, because it is set on the bulletin board announcements, or any other form that facilitates its knowledge, at least two months before the date of enjoyment.
You will have preference for the enjoyment of the holidays, saved the needs of the service, the staff with dependent children requiring it in preschool and school holidays. If there were a coincidence at this point, the preference will be awarded to the greater seniority in the company.
For these purposes, means time of preschool and school holiday which competent authority on the basis of territory, and by school-age defined by the Ministry of education and science as legal period of compulsory schooling, currently from 3 years of age until the age of 16 and preescolarizacion in each case, this period may be extended up to two years more When documents proving that this time is being used so that the student completed the cycle of compulsory school education.
When there are two or more workers who intend to enjoy your vacation on the same dates, within the period of school holidays, you will always choose first oldest in the company, provided that workers with children in school and preschool age, to enjoy within the school holiday period and between the latter will take precedence of greater antiquity.
If you also have the same seniority, shall have the preferential right of older.
Workers who enjoy their vacation in several periods, not preference will be given to choose the second until you have not chosen the first the rest of the staff affected by the box. Likewise be in the third compared to the second.
Preference criteria will operate within each of the two following groups:-first group: administrative.
-Second group: General Services.
Holidays from the staff of each of the above groups shall be independent of the other.
IV. technical group holiday.
Holidays from the staff of the technical group shall be fixed by mutual agreement between the company and the employee. Account, where appropriate, for the enjoyment of the holidays will be having children in school and preschool age. They must also know their holiday period, by the usual means of the company, at least two months before the date of your enjoyment.
V. cases of interruption of holidays.
If during the enjoyment of the holidays the employee suffered internment clinically, with or without surgical intervention or serious illness, justified and notified to the company within twenty-four hours, are not counted for the purpose of vacation days that would have lasted the internment or disease. In this case, outstanding vacation days will enjoy when the needs of the service permit.
When the holiday period set out in the company vacation calendar, coincides in time with a temporary disability arising out of pregnancy, childbirth, or breastfeeding or the period of suspension of the employment contract, provided for in article 48 E.T., is entitled to enjoy holidays on date different to temporary incapacity or the enjoyment of permitting implementation of this precept would be you to the end of the period of suspension, although he finished the calendar year that corresponds.
VI. during the term of the agreement, each worker will receive an amount of holiday bag, which will have the same treatment of margin which in the future may have fees of article 12, and whose amount will be that listed in the following table: bag of holiday 2011 2012 2013 2014 months of June, July, August, or September 143,36 229,36 232,23 235,71 months of March April, may or October 229,36 rest of the months 401,36
In 2011, the amount of the stock exchange will meet in proportion days after each period set forth in the table above that to enjoy the holidays.
In 2012, 2013 and 2014, the payment of holiday bag held by entities in the month of June of each year, except by agreement with the trade union representatives at the level of each undertaking.
For personnel who enter, re-enter or cessation in the course of the year, bag shall be paid proportionately to the d+ias skilled workers within the year article 27.º licenses.
1. companies, at the request of its workers, granted them the following paid licenses; (provided that does not exceed fifteen days a year: to) by marriage of the worker: 15 consecutive days.
(b) by marriage of ancestor, descendant or collateral to the third degree: the day when the ceremony is held.
(c) by baptism and first communion of descendants: part-time day which is celebrated the ceremony.
(d) two serious days for the birth of a child, death, accident or illness or hospitalization of relatives to the second degree of consanguinity or affinity. In the case of death of children license shall be five days. When for these reasons worker needs to make a shift requiring him to spend the night outside your local, the license will be extended until two days more.
In addition, by the birth of son, one day more than license to enjoy within 30 days of the date of birth.
(e) upon death of spouse: three days, which may be extended in two days when the worker has to do a shift requiring him to spend the night outside your local.
(f) by moving (even those that occur within the same locality): two days, unless in the case of shuttle a/o towns located outside the Peninsula, in which case the license is three days.
Marriage leave not counted for the purposes of the limit referred to in paragraph first of this same paragraph.
Pregnant workers are entitled to be absent from work, with a right to remuneration for conducting prenatal tests and birth preparation techniques, notice to the company and justification of the need for its implementation within the working day.
2. in the event of childbirth, suspension will last for sixteen uninterrupted weeks extendable in the event of multiple birth in two weeks for each child from the second. The period of suspension will be distributed at the option of the applicant provided that six weeks immediately after childbirth. In the event of death of the mother, regardless of which this conduct or not work, the other parent may make use of the whole or, where appropriate, of the part remaining of the suspension period, computed from the date of childbirth, and without that is discount the same part that the mother had been able to enjoy prior to the birth.
In the event of the death of the child, the period of suspension will not be reduced, except that, after six weeks of mandatory rest, mother requested to return to his post.
However the former, and without prejudice to the six weeks immediately following childbirth of rest required for the mother, in the event that both parents work, the mother, at the beginning of the period of maternity rest, may opt for that the other parent enjoy a part determined and uninterrupted from the postnatal rest period is either simultaneous or successive with the mother's , according to the legal regulations.
In the event that the mother did not have right to suspend his professional activity with entitlement to benefits in accordance with the rules governing such activity, the other parent shall have the right to suspend her employment contract for a period which would have corresponded to the mother, which will be compatible with the exercise of the right of paternity.
In cases of premature labor and in those in which, for any reason, the newborn must remain hospitalized after the birth, the period of suspension may compute, at the request of the mother, or in the absence of the other parent, the date of discharge from hospital. Excluded from the computation the six weeks after delivery, of mandatory suspension of the contract of the mother.
In cases of adoption and foster care (pre-adoptive and permanent), as well as in cases of premature births or hospitalization of the child after birth, it will be pursuant to legal regulations.
The periods referred to in this paragraph can enjoy on a full-time or part-time basis, agreement between the company and the worker concerned.
2.bis. Suspension of the contract of employment by fatherhood.
In the case of birth of a child, adoption, or foster care, workers are entitled to the suspension of the contract for thirteen days uninterrupted, expandable in case of legally provided multiple in two days for each child from the second, in the terms birth, adoption or foster care.
The workers will benefit from any improvement in working conditions that had failed to qualify during the suspension of the contract in the cases referred to in this section.
3. women workers, by nurse one child less than nine months, are entitled to one hour's absence from work, which may be divided into two fractions, being able to use one at the beginning and one at the end of the day. This permission can be enjoyed either by the mother or the father should both work. With alternate character that absence may be replaced by a paid leave of 15 calendar days after the rest of maternity.
4. who for reasons of legal guardian have in their direct care to a child of eight years or a physical, psychological or sensory, disabled that not a role paid, shall be entitled to a reduction of the working day with the proportional decrease of the wage, among, at least one eighth and a maximum of half of the duration of that.
Shall have the same right who require responsible for direct care of a relative, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness not can fend for itself, and who performs no paid activity.
The reduction in working hours referred to in this paragraph is an individual right of workers, men and women. However, if two or more employees from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.
Provided for in paragraphs 3 and 4 of this article, the concretion time and the determination of the period of enjoyment of the permission of lactation and the reduction in working hours, will correspond to the worker, within your ordinary day. The worker must forewarning to the entrepreneur, fifteen days in advance, the date where re-join your ordinary day.
5. in the event of suspension or reduction in working hours by family obligations established in this article, will facilitate access to training activities.
6. will be granted permission to the accompaniment of the health care services for children eight years and older of the first degree of consanguinity and affinity who could not fend for themselves. In these cases, because it is not paid, permits the worker and the company may provide hourly compensation mechanisms.
7. the staff with more than two years of service cash in the company may request the following permissions not paid:-one week to one month per family needs properly accredited, which means including, among others, foreign adoption and submission to assisted reproduction techniques, and can extend up to six months by accident or serious illness or hospitalization of relatives to the first degree of consanguinity or affinity. This permission may be requested not more than once every two years.
-Between one and six months to complete doctorates or higher studies.
After the period of authorization, the reinstatement will take place the day after its completion, in the same job the employee providing services to start permission. The period of authorization not computed for the purposes of seniority, entails the temporary suspension of the contract and temporary decline in Social Security.
8. every employee shall be entitled to four days of leave paid per calendar year. For new personnel, will be proportional to the days worked within the year. These days of leave will be taken, once saved the needs of the service, on the agreed dates between the company management and the employee that shall enjoy them.
Chapter V article 28.º transfers personnel movements.
The company, apart from cases of punishment, may transfer their staff provided that this consent.
In the absence of agreement and service needs can the company move, beyond the limit derived from the radius of action laid down in article 30.º of this Convention, within each of the occupational groups, between 5 percent more modern enterprise and within this who suffer less damage according to the following criteria and priorities : 1. previous forcible transfer not disciplinary.
2 handicapped or dependent workers of medical treatment which can not be given at the place of destination.
3. number of children recognized as beneficiaries by Social Security for the purposes of health care.
4. geographical proximity of the post to cover.
In any of the assumptions the antiquity in the company shall be conclusive to fix the transfer in case of equality in priorities.
Companies shall foster knowledge of vacancies that they intend to cover provisions covered previously.
Moved by the needs of the service worker will have preference to fill the vacancies of your professional group that occur in the plaza that had been moved in within three years.
The cost of relocation of the employee and family members who live with him, as well as transfer of movable property of the worker, shall be borne by the company.
Companies will help the worker to get you home in the plaza that had been forcibly transferred.
Shipments requesting staff of the Peninsula had been earmarked for Canary Islands, Ceuta, Melilla or abroad, staying in them more than five years, will be handled with absolute preference for the population of the Peninsula you want.
Company shall notify the decision to transfer the worker, as well as to their legal representatives, with a minimum advance of 30 days from the date of its effectiveness.
Not may be transferred under the terms established in this article, without your consent, persons in situations of pregnancy, breastfeeding or reduction in working hours to care for children.
Article 29.º diets and commissions for services.
1 travel to the commissions give rise shall be borne by the company.
2. Since the entry into force of this Convention, the daily amount of allowances referred to in this article will have the same treatment of margin which in the future may have fees of article 12, and will be, at a minimum, those according to the following scale: diets 2011 / 2012 2013 2014 sleeping outside the own home 30.46 30.85 31.31 when it overnight in the own home 13.35 13.52 13.72 3. In case that the service commissions may be long more than two months staff shall be entitled to a special one week, only usable license to visit relatives that ordinarily live together. These licenses for travel will be paid by the companies. These licences shall be independent of the statutory holiday.
4. the legal representatives of the workers may not be required for the performance of official business during the time you play your position.
Article 30.º vacancies in the square or near.
Companies may cover vacancies, making job changes that will have no consideration of transfer or geographical mobility within a square or a radius of 25 km from the Centre of the town where workers providing their services to 30 January 1996, or from where to move voluntarily, and the admitted having subsequently from which are intended for.
Application of the radius of 25 km will do change between the Islands.
In the event that the change is to another place other than that had been providing its services within a radius of 25 km., companies will collaborate in the solution of the problems arising from transport, which can be generated as a result of the application of this standard.
Without prejudice to the powers of organization of the work of enterprises, these, provided that if the suitability of applicants, will be considered voluntary requests and the circumstances of the domiciliary proximity of the worker.
Article 31.º change of place of work by reason of pregnancy.
When work that a pregnant woman might endanger the pregnancy, according to prescription, he is entitled to that given a new job in the right conditions, without loss of salary, returning to the previous post once to end this situation. During pregnancy or breastfeeding worker is not subject of job changes that imply a destination to another municipality.
Article 32.º leaves of absence and readmissions.
1. the worker with at least one antiquity in the company of a year, has right to recognition of the possibility of placed on unpaid leave for a period not less than four months and not more than five years.
The worker, within a month from your application, is entitled to recognition of the possibility of placed on unpaid leave. Surpluses must apply for re-entry in the last month of the term of their situation and those who don't will lose all their rights.
For the purposes of the deadlines identified above will be calculated as effective service time of labour disruption due to performance of public office.
2. these leaves of absence may not request to provide services to another bank, private or official, or to entities or companies competing banks such as credit institutions, savings, rural savings, financing societies, etc. Over which serviced any of these entities, will lose all their rights in the banking company that appropriate.
3 volunteer over which re-enter will occupy the first vacancy of your level that occurs in the same square in which lent their services to remain on leave. As long as there is no such vacant, you can deal with, if desired, with the salary of its consolidated level, a vacant lower level in the same square, provided that the company agrees, or intended for another place in which there is vacancy of your same level.
4. the time of unpaid leave not be computed to no effect, but it of forced leave of absence.
5. workers are entitled to a period of leave of duration either no more than three years to cater for the care of each child, so by nature as for adoption or in cases of foster care, both permanent and pre-adoptive although these are provisional, counting from the date of birth or in your case, the judicial or administrative decision.
They will also be entitled to a period of leave not exceeding two years, workers to attend to the care of a relative up to the second degree of consanguinity or affinity, for reasons of age, accident or illness or disability can not stand by itself and does not carry out paid activity.
The period in which the worker is on leave in accordance with the provisions of this section shall be computable for purposes of seniority and workers are entitled to assistance to vocational training courses, whose participation shall be convened by the company, especially on the occasion of their reinstatement. During the first year will be entitled to the reserve of their job. After this period the reserve will be referred to a job of the same professional group. In the case of large family it will be provisions at each time in the workers statute (currently article 46.3).
Article 33.º interim staff.
Means personal interim who is hired to replace workers entitled to reserve job, provided that the employment contract specifies the replaced name and the cause of the replacement.
Personal interim may not remain in such a situation for more than three years time, to accumulate for these purposes the periods served intermittently over the course of six years in a row.
Interim staff serving on the same bank company for three years, shall be entitled to a restricted review to be included in the template of the company with fixed, if it exceeds it.
Chapter VI benefits supplementary article 34.º disease.
With effect from the date of signature of this Convention, the staff of banks, in case of illness, entitled to receive from the company, for eighteen months, economic insight monthly total equal to 100 percent of which would be you as if in this period you were active, by application of the collective agreement. No, shall be charged in any case, coupled with the economic benefits that can give Social Security and the complement in charge of the company, an amount greater than the aforementioned economic perception.
Article 35.º total permanent incapacity for the usual profession.
1. companies will satisfy the workers that they are in a situation of permanent total inability to their usual profession or absolute permanent disability for any profession, the date one or another situation, such a quantity which, coupled with the Board receiving the invalid Social security as a result of its banking activity is declared Suppose you total insight annual equal to 100 per cent that would be you as if on that date it was active, excluding the quarter pay established in article 19.7 and perception RAE regulated in article 19.8 by application of the Convention, including family support, and after deduction of the share of Social Security in charge of the worker.
The company pay the amount charge for dozavas parts in each calendar month.
2. the additional amount thus determined not be altered in less as a result of the revaluation of Social security pensions agreed with General insofar not vary the degree of invalidity recognised. Conversely, if subsequent to the recognition of incapacity permanent total for the usual profession place, review, of an absolute permanent incapacity for all work, in charge of the company pension shall be reduced by the same amount that increase in charge of Social Security benefits.
3 they will have equal consideration to the effects of this qualification, over the age of 60 who are sufferers of chronic disease that prevents them from attending work regularly and who retire under cover of the third transitional provision of the articulated text of the Social Security Act, approved by Royal Legislative Decree 1/1994 of 20 June.
4. when the inability of an employee of banking rendered him as a result of violence exerted upon him in Act of service, the company will grant the amount established in point 2 of article 38, with increases that correspond you during the time that missing for 65 years; reached this age, the disability provisions, shall apply as if on that date are declared the same.
Article 36.º retirement.
1. the staff entered into the company before the March 8, 1980 and that is active at the date of entry into force of the present collective agreement, may be retired at his own request or by decision of the company, from the moment they meet 65 years of age or the age of retirement, as defined in the following article 39 , with the economic benefit by the company later indicated.
2. the staff in the company before the 8 March 1980 has the status of mutual which is active on the date of entry into force of the present collective agreement, from the moment that reached 60 years of age and have 40 or more years of effective service in the profession, may retire at his own request perceiving the economic benefit by the company later indicated.
Employees who had been listed in any of the labour employed prior mutual to January 1, 1967 have mutual status.
3. the staff entered into the company before March 8, 1980, which has the status of mutual and that is active at the date of entry into force of the present collective agreement, from the moment that meet 60 years of age, although it does not have 40 years of effective service in the company, will be retired by mutual agreement with the same , with the economic benefit in charge of this later indicated.
4. for workers who have the status of mutualista, the provision by the company, which be met by dozavas parts payable by monthly payments due, shall be determined by applying the percentage PE of the formula which then is inserted, on perceptions established in the collective agreement, calculated on an annual basis, excluding the quarter pay established in article 19.7 and regulated in article 19.8 RAE perception , the date each employee retirement occurs.
Formula: To (SNA - SS) Σ BC 100 = PE 84 SNA = 65 years 100% 60 to 64 years with service 95% 40 60 to 64 years without service 40 90% B = 65 years 100% 64 years 92% 63 years 84% 76% 68% 60 years 61 years 62 60% SNA = nominal wage of Convention to the 31.12.87, annualised, as if each employee 60 had compliments on this date 61, 62, 63, 64, or 65 years of age, computing in such wage increases which, by application and in the amounts of the existing Convention in 31.12.87, would correspond him, expiration of triennia, both for promotion by mere seniority, until each of the above-mentioned ages.
SS = share of Social Security in charge of the employee to the 31.12.87, annualized, calculated taking into account the contribution rate group and the remuneration that would be him in each of the retirement ages mentioned in the preceding paragraph (SNA).
SBC = sum of contribution of the employee (period 1.1.81 to 31.12.87) bases. For this purpose will be to determine the contribution in the manner legally established bases assets that theoretically would have received pursuant to paragraph (SNA), calculated with the salary tables in force in each of the years of reference, if such assets not at the top of the quote for each of the rate applicable in each case and for each of the years computed. If these fees exceeded the aforementioned stops, is computarían as contribution bases bumpers commented on computed annually. The bases thus determined, corresponding to the period 1.1.81 to 31.12.85, are indexed in accordance with the third transitional provision, no. 1, letter C, in the form provided for in article 3 º, section 1, rule 2, of the Law 26/85 of 31 July.
PE = percentage of economic benefit by company.
(Σ BC 12 B) = the applicable maximum value of this expression will be 2.631.300 (187.950 x 14), corresponding to the top of the Social Security retirement benefit.
5. Workers admitted to the company before March 8, 1980, having no mutual status and who are active on the date of entry into force of the present collective agreement may retire at his own request from the moment they met 63 years of age, in which case, the provision by the company , to be met by dozavas parts payable by monthly payments overdue, will be determined by applying the 90% to those who retire at age 63, and 95% to those who retire at age 64, of the percentage PE corresponding to the age of 65 years of the formula above, the established in the collective perceptions, calculated on annual basis, excluding the pay established in article 19.7 as well as regulated in article 19.8 RAE perception , the date each employee retirement occurs. In the event of retirement at 63 or 64 years occur by mutual agreement between the employee and the company, the provision by the company shall be determined applying 100% of this percentage PE of 65 years.
The same percentage of 100% of 65 PE, shall also apply in cases of retirement from age 65 and up to 67 years of age.
6. the personnel hired by enterprises from March 8, 1980, will have at retirement only the rights that at such a moment recognize you general legislation that may apply with the exception of the provisions of paragraph 7 of this article.
Contained in the preceding paragraph will not affect staff that change of company and had effective labor relationship with any of the included in the scope of application of this Convention to the 31 of December of 1979.
The accreditation of this last circumstance, which will always correspond to the worker, will grant the rights included in the first five issues of this article.
7. at the end of the term of the XXII collective agreement all the companies included in their scope of application there will be a system of complementary Social security contribution defined in favour of employees hired by companies from March 8, 1980, who referred to the previous point, equipped with at least two years of seniority in the company, and with a minimum annual contribution of 300 Euros and economic rights in favour of the employee in the event of due cause other than retirement.
37th ciesm widowhood and orphan article.
(a) widows: 1. establishing a supplementary pension to widowers of deceased workers please ‑en active or in situation of pensioners or invalidos‑ from 1969.
2. the amount of the widow's pension is supplementary of which corresponds by the General Social security regime, and must reach the sum of both amounts 50 by 100 base which is determined in the following section.
3. the basis for the calculation of the survivor's pension will be the total of perceptions of the cause, excluded the fourth pay established in article 19.7, as well as regulated in article 19.8 RAE perception deducted fees in charge of Social Security, at the time of the death, arising out of the application of the Convention, including family support.
In the event that the deceased is located in situation of retired or disabled, the monthly basis will be determined by the retirement pension or disability that perceived Social Security, in their case, providing that same concept to perceive the company.
4. in order to be considered a beneficiary of this is necessary:-that widower meets the conditions required in the General regime of the Social Security. In this sense shall be deemed widower of the deceased worker person to which Social Security recognizes provision of widowhood for the death of the deceased.
-However this, widowers who have not fulfilled 40 years and have no children shall enjoy the stated benefits and with the same requirements.
5 the supplementary widow's pension shall terminate automatically when you stop perceiving and the widowhood pension regulations corresponding of Social Security extinguiese.
(b) Orphan: 1. a complementary pension is established in the case of orphans produced from 1969, that will rise to 20 or 30 percent (this last percentage in the case of total orphans) on the bases to be determined in the same way that in cases of widowhood.
2. the orphan's supplementary pension thus established shall be applied for each of the children who meet the requirements required by the Social Security and supplementary provisions Act.
3. When is the orphan qualified as disabled in accordance with the provisions in force, the provision will extend to his recovery, regardless of age, whenever you are unable to work and perceive the provision of orphanhood of the corresponding Social Security Agency.
(c) limitation for these supplementary pension: accumulation of widows and orphans pensions allowances shall not exceed in any case 100 percent of the perceptions of the deceased at the time of death arising from the application of the Convention, both if it was active as a retired or disabled.
37th ciesm bis article. Life insurance.
Coexisting with life insurance that may have contracted companies and independent of them and of the agreements made under the aegis of the sixth additional clause of this agreement, from 1 January 2008 is set a collective life insurance by a single capital secured €6,000 for all active personnel, whose beneficiary is only the last surviving spouse.
Shall be considered «surviving spouse» person to which Social security granted a benefit of widowhood, for the death of the deceased (employed or employed in a situation of active). This person, for the purposes of this article, will also be considered «last surviving spouse», provided that at the time of the death remain with the deceased the same relationship that Social security granted the provision of widowhood.
Where concurrence of two or more beneficiaries of Social Security survivor benefit there is arising from the death of the same deceased (employed or employed in a situation of active), it will be considered "last surviving spouse», exclusively that which keep the same relationship that Social security granted the provision of widowhood with the deceased at the time of the death.
Article 38.º death in service.
(1. the company be granted to widowers or orphans of a worker who dies as a result of injuries sustained in the amount established in point 2 Service Act, provided that the following conditions fulfilled in the death: to) that there is an undoubted nexus of causality or occasionality between the strict provision of the service and the fact of death.
(b) that the causing of death injury: 1 or by fortuitous event due to an external physical agent, except that in the case of a claim which, by their nature or generality is not rationally referable to the conditions in which the service is provided or to be so, escape to the humanly predictable order.
2nd or by actions of the victim, result except that in turn mediate incompetence, negligence or failure to comply with obligations.
3rd or by acts of a third party.
2. the quantity to meet by the company will be that for all the retributive concepts set out in the Convention to perceive the worker at the time of his death, excluding the quarter pay established in article 19.7 and perception RAE regulated in article 19.8, deduced, in his case, the income that he could perceive if the risk is covered by compulsory insurance for work accidents or by any system established or entered into by the company. For these purposes, if insurance would lead to a surrender of capital, is estimated in 6 per cent of the income.
The company pay the amount charge for dozavas parts in each calendar month.
3. when the death of an employee of banking rendered him as a result of violence exerted upon him in Act of service, the company be granted to widowers or orphans of deceased worker the quantity laid down in paragraph 2 of this article, with the increases that would apply it during the time that missing for 65 years.
Article 39.º retirement age.
Without prejudice to the provisions of article 36 and with the objectives to ensure the improvement of the stability of employment, the transformation of temporary contracts in fixed, sustaining employment, new hires or any others aimed at promoting the quality of employment, retirement will take place at his own request or by decision of the company from the moment in which women workers or workers reach their first ordinary retirement age (, and provided that it fulfils the conditions laid down in subparagraph (b)) of the available additional tenth of statute of workers: «the worker affected by the extinction of the contract of employment must have covered the minimum contribution period that allows you to apply a percentage of 80 percent to the regulatory basis for the calculation of the amount of the pension «, and meet the other requirements demanded by the Social security legislation for entitlement to retirement pension in their contributory».
Ordinary retirement age means compliance with 67 years of age, or 65 years when crediting 38 years and 6 months of contributions, in accordance with the regulations of Social Security. These retirement ages will be implemented gradually, in the same terms resulting from application of the current regulations in every moment of Social Security.
Chapter VII benefits article 40th advances and loans to staff.
1. upon reasoned request, any worker entitled to that anticipated him, as soon as possible, the corresponding to the current month monthly fee.
2. the amount of the loans that companies give their workers shall not exceed the amount of nine months and will have to be justified urgent needs. These effects shall be read as urgent needs caused by the following reasons: to) marriage.
(b) transfer out of the square.
(c) death of the spouse or children.
(d) works in housing because of imminent ruin.
(e) procedures for divorce, separation or marriage annulment.
(f) birth and adoption of children.
(g) expenditure generated to employees by situations of gender violence, accredited under the terms established by law, that are victims.
Cited causes, dispensing of NFPA test, are not exclusive, there may be other whose deletion, on the other hand, must be tested.
3. the employee shall be entitled to loans.
(a) with a maximum limit of nine months to meet requests for the following reasons: * works and reforms in the usual domicile of the employee.
* Medical assistance in case of serious illness with hospital internment.
(b) with a maximum limit of five months to meet requests for the following reasons: * acquisition of furniture, enseres domestic and household appliances.
* Purchase of vehicle on behalf of the employee. This designation includes the usually called «Caravan».
* Your personal income tax and writing fees, registration, VAT and capital gains for purchase of your primary residence.
* Property transfer tax.
* Repair of vehicle on behalf of the employee's fault, not produced by accident, and is usually used in the service of the company.
* Health expenses and medical assistance for attention not requiring hospital internment or non-serious diseases with hospital internment.
* Costs of post-graduate studies in children of the employee.
The employee will have to justify that the granted loan has been used for the purpose requested.
4 will be entitled to the grant of a new loan of those defined in this article as had another effect.
When outstanding portion of the loan granted to under number 3, and arising out of any of the specific reasons outlined in paragraph 2, shall be granted the loan which can correspond by the need for new, cancelled, with the award, the previous balance.
5. do not they may require amortization above 10 per cent of the total of perceptions.
6. advances and loans referred to in this article do not accrue interest.
7 there is no incompatibility between the advances of point 1. and the loans of 2 points. and 3. earlier.
Article 41.º homes.
1 companies that had leased housing for their workers, according to the regulations the employment relationship to be the determinant of the lease, do not promote the eviction of tenants by firm and definitive cessation of the employment relationship in the following cases: a) in the event of death of the worker as long as live widower without new marriage.
(b) in the same event referred to in the preceding paragraph if you are widowed, but yes children under age, for a period of three years or until the children reach the age of majority, if this fact occurs prior to that time.
(c) in the case of retirement, while live retired, don't have another employment relationship, or employment and once deceased, while alive widower without new marriage.
2. the provisions of the preceding paragraph shall not apply in the case of housing whose occupation by workers respond more to your employment status of such specific charges that play (case of custodians and managers).
3. the companies, given the exceptional nature and urgency of the situations referred to in this paragraph, be handled requests for loans for acquisition of housing that can formulate the workers having to vacate the homes that are tenants, provided that this was due the 1st and 2nd of exception to extend established in article 62 of the law of urban leases. Also preferably service requests from those who have right of first refusal or withdrawal to purchase housing that were tenants and those who be transferred forcibly, in accordance with article 28 of the collective agreement.
For loans that are granted from the entry into force of the Convention, the maximum period for amortization of the same will be 20 years, given as limit date in which the employee meets the 67 years of age, and in no event may be higher than 100,000 euros. The interest rate, annual and variable, applicable to these operations, as of January 1, 2008, will be the Euribor to one year, or reference value that will replace it, more 0.15. The Euribor of each year will be calculated based on the average existing value the last working day of the month of October of the previous year.
From January 1 of the year 2008 existing appropriations update the interest rate provisions of the Convention.
4. for the acquisition of housing first, or change this from the previous sale, the companies granted loans under the same conditions of designated amount, depreciation and interest, aiming to do so each year the amount in euros resulting from multiplying the number of workers that make up the template to 31 December of the year prior to the date of the request , in the amount listed in the following table: concept from 1.1.2011 450 annual allocation per employee if the concession of these loans not totaled the figure thus calculated, the difference not accumulate for the following year.
5. in the above cases workers, in case of causing low in the company, be paid the amount of the loan or mortgage, with the General conditions of client for the outstanding amount of amortization will be established.
Article 42nd school aid.
Recommended to companies that do not have it today, the study and establishment of a system of scholarships or aid school for the children of their employees.
Chapter VIII equality and conciliation article 43.º reconciliation of work and family life.
On the rights of the workers with family responsibilities and, especially, in the circumstances surrounding to working women be taken into account by the companies in the Organization of the work the law of conciliation of work and family life.
Article 44.º guarantee of equality of opportunity and non-discrimination among people.
1. labour relations in enterprises should be presided over by non-discrimination on grounds of birth, race, sex, religion, trade union membership or any other condition or personal or social circumstance.
2. the rights established in the Convention affect equally the men and women in accordance with the regulations at all times. Any clause of this agreement may be interpreted in discriminatory sense professional groups, conditions of work or remuneration between workers and women.
The situation in which a person who is, has been or would be treated, in response to their sex, less favourably than other comparable situation is considered direct discrimination on grounds of sex.
He is considered indirect discrimination by reason of sex, the situation in which an apparently neutral provision, criterion or practice puts the person sex at particular disadvantage compared with persons of other, unless that provision, criterion or practice can be objectively justified in view of a legitimate aim and the means to achieve that purpose are necessary or appropriate.
In any case, any order directly or indirectly to discriminate on grounds of sex is considered discriminatory.
3. the companies will make efforts to achieve equality of opportunity in all its policies, notably gender equality by adopting measures to prevent any kind of discrimination between men and women.
For companies of more than 250 workers, measures of equality referred to in the previous paragraph, should be sent to the development and implementation of an equality plan, which should also be subject to negotiation in the way that determine labour legislation.
Equality plans, may contemplate, inter alia, matters of access to employment, professional classification, promotion and training, remuneration, working time management, favouring in terms of equality between women and men, work, personal and family conciliation and prevention of sexual harassment and harassment on grounds of sex.
To facilitate the monitoring of the implementation of the principle of equality between men and women, the companies will provide annually to Union representation data relating to sex, seniority in the company, group, and professional level as set out in article 7, in such a way that you can follow the evolution of the templates from a gender perspective.
Article 45.º protection against gender-based violence.
The worker victim of gender violence that forced to abandon job in the town where had been providing its services, to enforce your protection or his right to comprehensive social assistance, will have preferential right to occupy other post, in the same professional group, that the company has a vacancy in any other of their places of work.
In such cases, the company shall be obliged to inform the worker vacancies at this time or that may occur in the future.
Transfer or change of workplace will have an initial duration of six months, during which the company shall be obliged to reserve the position previously occupied by the worker.
After this period, the employee can choose between the return to their previous job or continuity in the new. In the latter case, will decay the aforementioned obligation to reserve.
The absence or lack of timeliness to work motivated by the physical or psychological situation arising from gender-based violence will be considered justified, should so social care or health care services, determine it as appropriate, without prejudice to such absences are communicated by the worker to the company as soon as.
In the case of the worker that is it forced to leave his post as a result of being a victim of gender-based violence, the period of suspension will have an initial duration not exceeding six months, unless the actions of judicial protection is that the effectiveness of the right to protection of the victim required the continuation of the suspension. In this case, the judge may extend the suspension for three months, with a maximum of eighteen months.
The worker victim of gender violence is entitled to enforce its protection or its right to comprehensive social assistance, the reduction of the workday with proportional salary decrease, or the rearrangement of working time in the terms established in the collective agreement or in accordance with the agreement between the company and the affected worker.
In all matters not provided in this article, it shall apply provisions of law 1/2004, of measures of integral protection against gender-based violence.
Chapter IX Rights Union article 46.º of trade union rights and guarantees of the exercise of the Trade Union functions.
The right of workers to organize freely, as well as to exercise trade union activity, while may be affected neither their jobs nor their working conditions by membership or by the exercise of representation of the template work, is collected and protected both constitutional law and labour standards.
Firms will attend to the principle of equal opportunities, avoiding any kind of discrimination to persons who perform functions of representation of the workers.
In order to facilitate compatibility between these Trade Union functions and those inherent to its group and professional level in the Organization, then outlining some performance criteria applicable at the level of each undertaking:
1 where, at the discretion of the company, the exercise of trade union activity is not compatible with the development of the assigned function, the company may make the necessary organizational adjustments to its compatibility, prior notification to the trade union section. In the event that these measures involve change of position or function, by the company apply the agreements signed with the representation of workers and in default according to the respect, you will keep the level of perceptions, including economic ins, derived from the post or function that the employee came receiving so far and it will take into account the scope of representation for which the worker was elected.
2. in those companies that have established systems of variable remuneration, be set, by mutual agreement between the company and the majority representation of workers, measures to ensure equality of treatment and of opportunities for the representatives of workers.
3. the legal representatives of the workers will be evaluated, in his case, while the hours dedicated to their trade union activity can mean impairment in the corresponding evaluation nor, therefore, in the variable remuneration that may correspond to them derived from this assessment.
4. with the aim of facilitating the reversibility of the Trade Union function at any time that the representative of workers thus option, by companies, you will be provided with as soon as possible, their attendance at training courses that were needed to facilitate the professional development in equality of opportunity.
Article 46.º bis. Trade Union action at sectoral level.
The Spanish banking association can negotiate with each of the trade unions, that having sufficient legitimacy formally so requests, the terms of the exercise of their trade union action in the field of application of the Convention.
47th training article.
It shall report annually to the trade union representation of workers in company training schemes.
Representatives of workers will have access to training activities and recycling both during his term as at the end of it.
Also be provided access to refresher courses to people incorporated after leave of absence or reduction of day by family obligations.
Article 48th Union communications.
1. companies, whenever they have intranet as usual tool of work and information to their employees, will make available Trade Union representations with presence in councils of a particular site, enabled for each Union, which can spread communications that periodically disseminated to their members and workers in general, within its scope of representation.
These particular areas will be independent of document management, public access to the template resources and, exclusively, consultation for staff, with possibility of notice of novelty within the Trade Union portal.
The maintenance of publications will be responsibility of administrators designated by each Union to effect and restricted access to this end.
2. in order to facilitate communication, the companies will provide a specific account of corporate mail to each of the sections trade union company legally constituted (L.O.L.S.), from unions who have the status of more representative at sectoral level, if they so request.
At the level of each undertaking shall be determined by agreement between this and Union representation, the terms and conditions for shipments relating to emails that have recipients all of the template or a group of workers.
3 communications, as well as e-mails, must be strictly content directly related to the exercise of the functions of legal representation of workers, and work without that you can use for other purposes, and shall be subject to the same technical controls and, where appropriate, of safeguarding legal fixed by the law of protection of data of a Personal nature , as well as the information that is disseminated through these new media technicians in enterprises.
The information content of the particular site of each Union, as well as of e-mails, shall be subject to the provisions of article 4.2. e) of the Statute of workers, both with respect to persons and institutions.
In correspondence with this facility, at the level of the undertaking, be deleted, bulletin boards, except in those workplaces where is does not have access to the intranet. Trade Union sections, insofar as they use these systems must reduce accordingly the volume of communications sent by traditional means (photocopying, notes on paper, phone, etc.).
49th templates information article.
In order to facilitate the work inherent in its function, the companies delivered to Union representation of workers, personnel information, from its scope of representation, in computer format, with the provisions of the data protection act and article 65.2 of the E.T.
The information will be provided with monthly, within one month following the natural corresponding and shall contain at least the following data: number of employee or registration, name, surname, sex, date of entry, professional group, Convention level, Center work, Office key, province, type of contract and expiry of the contract (if temporary).
49th bis article. Union dues.
At the request of stations or unions that signed the Convention, more than 250 workers companies included in its scope, they deducted in monthly payroll of their members such central or unions and prior requirement thereof, the amount of the corresponding trade union dues.
Worker interested in carrying out such an operation shall refer to the direction of the company a letter which will be expressed with clarity the discount order, Central or Union to which it belongs, the amount of the fee, as well as the number of the current account or passbook of savings bank to which this amount should be transferred. Companies shall carry out the above-mentioned drawdown, unless otherwise indicated, for periods of one year.
The address of the company delivered copy of the transfer to the trade union representatives in the enterprise, if any.
Chapter X disciplinary article 50th classification of faults.
The company shall be punishable to workers who fail to comply with their job duties, in accordance with the qualification of misconduct set forth in the present Convention, or comparable, resulting classifying failures in minor, serious and very serious.
Article 51.º minor misconduct.
Minor misconduct, the following will be considered: 1 delays in the entry and advances in the output of work, unjustified and that do not reach with six in one month.
2. leave the job without cause that justifies it or have permission of the immediate superior where it does not exceed one hour, and which does not affect seriously the service.
3rd rude or improper treatment to the public or coworkers.
4th do not inform the company due diligence changes of domicile, as well as variations in the family situation which may have impact on Social Security, public finance, health care action or obligacional regime of the company.
5th do not inform superiors, in the early hours of the day, of the causes of absenteeism to work, unless it has justified reasons that prevent it.
6 negligence in the performance of employment duties, when they do not cause or it derived prejudice to the interests of the company.
7th missing work a day without just cause.
Article 52nd serious misconduct.
1 absent from work, without justified cause, two days in a period of two months.
2. the negligence in the performance of employment duties, when it causes or refer serious prejudice to the interests of the company.
3rd entry delays and advancements in the output of work, unjustified and exceeding five in one month; or renewed in a period of three months exceeding the number of eight, warning the worker; or that the sum of those exceed the hours one of his workdays in a quarter.
4th interrupt or disrupt the service, without legal justification, carrying out or allowing any activity in the workplace outside the interest of the company.
5th do not inform the company witnessed or known facts that cause or may cause serious prejudice to the interests of the company.
6 the malicious concealment of own errors and delays caused at work that cause harm to the company.
7th retention, without authorization of the competent Chief, documents, charts, data, reports, etc. or its application, destination or use other than those who are coming.
8 register the presence of another worker using its card, signature, control board or altering controls entry and exit to work.
9th recidivism or repetition in lack light, within a period of three months, when has mediated sanction in writing, unless the regulated in section 1 of minor misconduct, which shall be governed by the provisions of point 3 of this section of serious.
Article 53rd very serious misconduct.
1. the breach of contractual good faith as well as the abuse of trust in the performance of the work.
2nd fraud or disloyalty in mandated negotiations or appropriation, theft or robbery of property property of the company, colleagues or clients. In addition, the realization of these last facts about any person within the premises of the company.
3rd the simulation of disease or accident, as well as activities incompatible with the situation of low by illness or accident.
4th crash or violation of secrets of obligatory reserve.
5 the habitual drunkenness or drug abuse if it negatively affects work.
6 the violation to the rules of the company, committed with the purpose of conceal, distort or mask the true situation and nature of the financial statements or the incurred risks.
7th the abuse of authority by superiors.
8 sexual harassment under the terms established in the law and the collective agreement.
9th the insubordination or disobedience in the work.
10 continuing and voluntary decrease in the normal or agreed upon work performance.
11. º verbal or physical offences to the entrepreneur or persons working in the company, or family members who live with them.
12th the re-offending or recidivism in serious misconduct over a period of twelve months, provided that has mediated sanction in writing.
Article 54 sanctions regime.
It corresponds to the company the power to impose sanctions in accordance with the provisions of this Convention. All sanctions, except the verbal reprimand, will be transfer in writing to the person concerned, which shall acknowledge receipt or sign the aware of communication, without involving compliance with the facts.
However the provisions of this chapter, the company, according to the attendant circumstances, may apply to any faults any penalties provided for for types of lower gravity, unless such reduction of the penalty involves variation in the qualification of the lack.
The maximum penalties which may be imposed in each case, according to the severity of the foul, will be as follows: to) for minor misconduct: 1 verbal warning.
2nd warning in writing.
3rd Suspension of employment and salary for up to two days.
(b) for serious misconduct: 1 Suspension of employment and salary of up to twenty days.
2. forced transfer to people other than the habitual residence of the employee, for a maximum period of three years, within the same province. To these effects suspension of the employment contract are not counted.
3rd temporary disqualification, for period of up to two years, to move to higher levels.
4th temporary loss of the level going to the immediately lower, even if it involves changing group, with its economic impact, for a maximum period of one year.
(c) for very serious misconduct: 1 Suspension of employment and salary for up to six months.
2. forced transfer to people other than the habitual residence of the employee.
3rd final loss of the level or group with its economic impact.
4th temporary disqualification for period of up to four years, to move to higher levels.
Article 55. Precautionary measures.
The company, where necessary for a better understanding of the true scope and nature of the facts, may enact provisionally suspension of employment of the worker affected by a maximum period of two months, are available to the company during the time of suspension.
Article 56. Prevention of sexual harassment.
1 constitutes sexual harassment any verbal or physical behaviour of a sexual nature, that have the purpose or that has the effect of violating the dignity of a person, in particular when creating an intimidating, degrading or offensive environment.
2. with the aim of preventing sexual harassment situations, the company shall ensure the achievement of an adequate environment at work, free from unwanted behaviors of sexual connotation or nature, and shall take appropriate measures to that effect, facilitating specific procedures for their prevention.
With this same purpose, also may be measures that shall be negotiated with the representatives of the workers, such as the production and dissemination of codes of good practice, conducting information campaigns or training.
3. irrespective of legal action that can be brought in this regard before any administrative or judicial authority, internal and informal procedure will start with the complaint of sexual harassment against a person in the direction of the company.
The complaint will lead to the immediate opening of information record by the company, especially seeks to find out the facts and impede the continuity of reported harassment, which is structured to effect appropriate measures, leaving the company exempted from possible liability for violation of fundamental rights.
It will be in immediate knowledge of the representation of the workers the situation, if so requested by the person concerned.
In the inquiries to be carried out be not observed more formality than the hearing process to all those participating, practicing many proceedings may be considered conducive to the elucidation of the developments.
During this process - which should be embodied within a maximum of ten days - all acting saved an absolute confidentiality and reserve directly affect intimacy and honesty of people.
The finding of the existence of sexual harassment in the reported case will result, among other measures, provided that the active subject is within the scope of management and organisation of the company, to the imposition of a sanction.
Chapter XI provisions several article 57. Income.
1. the income of employees will be in accordance with the legislation in force.
In order to facilitate greater transparency and information on the processes of personnel selection in revenue in that mediate collective test or that occur with systematic and standardized character in the course of a year, the companies will provide Union representation prior to the following information: professional profile required, contained various tests of selection and objectives thereof. Also it informed about Union representation of their results.
2. in order to promote stable employment and the possibilities of direct employment in the sector, the companies that maintain a weighted average of 90% of regular employment, during the calendar year taking to such weighted average data monthly, be eligible during the following calendar year and within the limits available by collective agreement, that is, a maximum duration of twelve months in a period of eighteen months the criteria set out in paragraph 1.b of article 15 of the Statute of workers.
For this purpose companies which make use of the extension referred to in the preceding paragraph shall inform at least annually on their implementation, facilitating timely data, the representation of the workers.
This possibility applies to contracts which will formalize the date of entry into force of the present collective agreement.
Article 58.º productivity.
The signatory parties of the Convention share and assume the concern to improve the productivity of the sector.
Article 59.º uniforms.
Clothing of uniformed personnel of General Services will be paid for by companies, that will determine everything about their use and conservation.
1. such personnel shall be entitled to that is provided annually from two pairs of shoes.
2. the fabric of uniforms to be delivered 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 genus textile and footwear will be after hearing the representatives of the staff.
First rider. Employment Protocol.
In the current economic context, both sides share that a priority is the defense of employment in the sector, therefore undertake to work in order to maintain the stability of jobs, promoting the negotiation of alternative measures to the extinction of contracts, whereas the best guarantee to do so will be trying to improve the strength and soundness of the enterprises maintaining their level of competitiveness, so that they are able to add value in a recurrent way and permanently adapt to the environment, according to the needs of the market at all times. In this context, elements such as wage moderation and permanent effort of adaptation of the templates, contribute positively to this purpose.
Therefore, if during the term of the agreement, it is necessary to deal with processes of reorganization or restructuring of collective scope templates, the parties agree to promote the negotiation of measures to adopt, on the basis of the following criteria: • in the restructuring processes which can be undertaken in the field of enterprises, the preference of internal flexibility measures use such as including the suspension of labour contracts and leaves of absence, the reduction in working hours, functional and geographical mobility and the substantial work conditions change.
• Prior to attending the legal procedures provided for in articles 40, 41, 47 and 51 of the Statute of workers, companies open a process prior and limited at the time of negotiation with representations of workers.
• Both integration processes and the restructuring of entities, both parties undertake to negotiate in good faith.
• Companies will promote the formation of its personnel with the object that can perform other functions other than which come doing in order to improve their employability.
The Joint Commission of the Convention will have among its powers generally make known the evolution of employment in the whole of the companies included in the scope of application of this collective agreement.
At the level of each undertaking be provided to the unions signatory of this Convention periodic information on the evolution of employment in it, can become that purpose specific channels of interlocution with such representation.
The signatory parties of this Convention, to the increased implementation of the techniques of computer science, whose proper use both promotes productivity, as even the comfort of work, manifested its intention that these techniques not related to anti-competitive effects the intended by a possible poor utilization. In this regard, will be paid a special attention to the aspects of safety and health that these techniques could offer, including the eye.
Third additional clause.
It is agreed to adapt the current sectoral joint continuous training Commission to the functions set out in Royal Decree 395/2007 of 23 March, which regulates the subsystem of vocational training for employment, as well as any other regulations in force development.
Fourth additional clause.
In the field of each company, by agreement with the representation of workers, may regulate or establish social welfare systems, substitute or complementary, other than that provided for in articles 35, 36 and 37 of the present collective agreement.
Additional clause fifth.
Recognize couples in fact duly accredited and registered according to the established legally in every moment, the right to enjoy the licences referred to in article 27 of the collective agreement, paragraphs b, c, d, e and f, which could correspond to them.
For the purposes of the provisions of the preceding paragraph, the existence of couple in fact will be credited via certification of enrollment in any one of the specific records existing in the autonomous communities or municipalities of the place of residence or public document indicating the establishment of this couple.
Also be recognized these situations for the purposes which they are entitled by application of article 40 on advances and loans to staff, paragraphs c, d and f.
Sixth additional clause.
On the occasion of the promotion of elections unit representatives of workers who urge at the sectoral level, may be adopted agreements between the AEB and Union representatives to determine, within the existing legal possibilities, the most appropriate modalities for grouping of centres that can foster the widespread participation of the workers in the electoral process.
First final provision. Joint Commission.
With identical term of validity of the agreement, shall constitute a Commission with the specific mandate to meet and decide on how many issues of interpretation of provisions therein are formally subject him.
This Commission will be composed of a maximum of 12 members, of whom each of the signatory parties shall appoint a maximum of 6; at least 2 of the members appointed by each party must have belonged to the Negotiating Committee of the Convention.
In the thirty days following its establishment, the Commission shall adopt its own rules of procedure, in which, among other aspects must be set accurately, everything related to Secretariat, with identical term of validity of the agreement, shall constitute a Committee with the role of calls and meetings.
Requested the call by either of the two parts of the Commission, it shall meet within a maximum period of fifteen days.
Functions of the Joint Committee, the following will be: 1. inform the authority labor and/or court, if necessary, on how many questions arise about the interpretation of this Convention.
2 functions of arbitration and mediation in matters referred by the parties for its consideration.
3. monitor the implementation of what is agreed in the present collective agreement.
4 meet and decide on the issues which arise in the following areas:-application and interpretation of the collective agreement in accordance with article 91 of the Statute of workers.
-Resolution, in the absence of agreement, and in accordance with the provisions of current legislation, of any discrepancies that are subject to you in the event of failure in the company of working conditions provided for in the collective agreement, in accordance with article 82.3 of the Statute of workers.
5 develop functions adapt or, where appropriate, modification of the Convention during its term, according to the procedure laid down in the labour legislation. In this case, you must join the Joint Commission all subjects legitimized for bargaining, although they were not signatories to the Convention.
6. in addition to the functions set out above, this Joint Commission suit since its Constitution operation current legislation at all times, including functions and competencies that establish such regulations.
7. inside of the Joint Commission, the agreements shall be adopted by a majority of the members of each of the two representations, though, and so with regard to Union representation, vote will be weighted on the basis of the representativeness of each Union at the negotiating table, of the Convention. Present in the Commission representations stored due duty of secrecy with regard to the information to which they have access, and agreements will be reflected in a concise report that will subscribe to all those attending the meeting. Of the said Act copy will be provided to the entities consultants and legal representation of the company's employees.
8. If arise discrepancies in the Joint Committee that impede the adoption of agreements on matters subject to the scope of decision, both representations may, by mutual agreement, submit to mediation or arbitration the question on which the discrepancy is.
9. for the validity of agreements will require the presence of all the members of the Commission.
Second final provision. Study and analysis of the collective agreement for its adaptation to the reality of the sector.
During the term of the agreement shall constitute a 'Commission of study and analysis of the collective agreement for its adaptation to the reality of the sector', which is integrated by the signatory parties of the same; his first task will be drafting its rules of procedure and establish the means, both human and material, to develop their work. The conclusions of the Commission will be elevated to the Joint Commission of the banking collective agreement.
Annex transposition of the headquarter triennia accrued before 1.1.96 to the new scale of levels situation year 95 new situation Triennia from headquarter level head I head II head 2nd 1st 3rd III - IV Chief 4th VI - VII boss 5th VI - VII Chief 6th VIII