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Having regard to the text of the minutes of partial agreements which will form part of the Fifth General Collective Agreement of the cement derivatives sector (Convention code number 99010355011996), which was signed on 19 October 2011 by members of the the Negotiating Commission of the said Convention, in which the business associations FEDECE, FEDCAM and ANEFHOP and the trade union organisations FECOMA-CC.OO. and MCA-UGT, signatories to the said Convention are integrated, respectively, of the undertakings and workers in the sector, and in accordance with the provisions of Article 90, Paragraphs 2 and 3 of the Law on the Status of Workers, recast text approved by the Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements job,
This Employment General Address resolves:
First.
Order the registration of the said act of partial agreements in the corresponding Register of Conventions and collective agreements of work with operation through electronic means of this management center, with notification to the Negotiating Commission.
Second.
Arrange your publication in the "Official State Bulletin".
Madrid, March 23, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.
MINUTES OF THE NEGOTIATING COMMISSION OF THE FIFTH GENERAL CONVENTION OF THE CEMENT DERIVATIVES SECTOR
Wizards:
By FEDECE:
Don Jose Maria Andreu Romasanta.
Dona Susana Bravo Herranz.
Don Jesús González Navarro.
Don Jaime Sastre Hernandez.
Don Manuel Torres Guillumet.
Don Cristobal Ramo Frontinan.
By ANEFHOP:
Don Carlos Maria Parra Garcia.
Don Angel Jimenez Arribas.
Don Carlos Lahoz Royo.
Don Ignacio Sanchis Mas.
Don Lope de Roces Iniguez.
By FEDCAM:
Don Vicente Cerezo Novejarque.
Don José María Puig Figuera.
Don Luis Neira Perez.
Don Juan Amores Blanco (advisor).
Don Rafael Berzosa Hoyos (advisor).
By FECOMA-CC.OO.:
Don José Luis López Pérez.
Don Jose Pulido Corpas.
Don Sergio Carrascosa Ortiz.
Don José Manuel Pérez Martínez.
Don Pedro Fernández Cordero.
Don Juan Rodríguez Díaz.
Don Santiago Cubero Lastra.
By MCA-UGT:
Don Juan Carlos Barrero Mancha.
Don Jesus Maria Calvo Romero.
Don José Javier Gallego Cardo.
Don Santiago Fernández Díaz.
Don Fernando Lamata Tarragona.
Don Manuel Mejias Fuentes.
Don Bernardo Fuentes Lozano.
In Madrid, to October 19, 2011, at 11:30 a.m., at the headquarters of ANEFHOP, upon convocation, the above persons are gathered, all of them members of the Negotiating Commission of the V General Convention of derivatives of the cement, who arrive at the agreements which will be set out, although in advance, it is important to note that the measures agreed are a consequence of the difficult situation of the sector, motivated by the general crisis of the country and, in particular, the construction industry, which includes this sector of cement derivatives, which has led to the loss of business and the closure of a large number of companies, as well as a marked increase in the number of job-regulation files, all of which have resulted in the loss of jobs. For this reason, the members of this Negotiating Commission, in a show of responsibility, prudence and balance, see it necessary to take these measures in an attempt to safeguard jobs, with an increase in the number of jobs. A lighter wage that will ease the social burden on businesses and offer greater job retention opportunities.
For all this, this Negotiating Commission agrees, unanimously by the union representation and by majority of the business representation consisting of 9 representatives (6 of FEDECE and 3 of FEDCAM) in favor, in front of 5 (ANEFHOP), who votes in disconformity, the following:
First.
This V Convention will last for two years: 2011 and 2012.
Second.
The salary amounts for the two years of validity of the V Convention, 2011 and 2012, shall be carried out as follows:
(a) For the year 2011, on the basis of the salary resulting from the application of the increase referred to in the third subparagraph, (b) of this agreement, consisting of 3% on the 2009 tables, a review shall be carried out In accordance with the provisions of this Regulation, the Commission shall,
accordance with the provisions of this Regulation, provide for the implementation of the provisions of this Regulation.(b) For the year 2012, the salary set for 2011 as provided for in the previous point shall be revised in accordance with the CPI as at 31 December 2012 and with a maximum ceiling of 2.0%, in such a way that if such an index exceeds 2,0% shall be this percentage which applies.
(c) An account payment is established for the financial year 2011, consisting of an increase of 1,0% on the salaries for 2010, referred to in paragraph (a) above and the provisional tables of which are They incorporate this act as an annex. This payment shall be made in advance of 31 December 2011.
(d) An account payment is established for the financial year 2012, consisting of an increase of 1.0% on salaries for 2011, after the corresponding revision has been made in accordance with the provisions of the paragraphs previous. That payment shall be made effective before 31 March 2012, as well as the final review of the financial year 2011, as set out in the preceding paragraphs.
Third.
Necessarily, the lower-level collective agreements will incorporate, as normative text, the following clause of inapplication of wage increases, in their corresponding Negotiating Unit:
" Companies may proceed to the implementation of the wage regime provided for in the collective agreements of a higher level than the undertaking, where the economic situation and prospects of the undertaking may be damaged as a result of the of such an application, affecting the possibilities of maintaining employment in the same.
Procedure: By agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as provided for in Article 87 (1), prior to the development of a period of consultations in the terms of Article 41.4 of the Staff Regulations. The start of the consultation period shall be notified to the Joint Committee of the collective agreement of the business of the enterprise.
In the cases of absence of legal representation of workers in companies, it will be understood that the most representative trade unions in the sector are entitled to be part of the Negotiating Commission. of the collective agreement of application to it, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4
the E.T.When the period of consultations is concluded by agreement, the supporting causes shall be presumed to be present and may only be challenged before the competent jurisdiction for the existence of fraud, intent, coercion or abuse of rights. in its conclusion. The agreement must be notified to the Joint Committee of the Collective Agreement.
The implementation agreement must determine with accuracy the remuneration to be paid by the employees of the company, establishing, where appropriate and in consideration of the disappearance of the causes that determined it, a schedule the progressive convergence towards the recovery of the wage conditions laid down in the collective agreement of a higher level than the undertaking which is applicable to it, without in any event such a failure to exceed the period of validity of the convention. The non-implementation agreement and the scheduling of the recovery of the salary conditions may not result in the failure to comply with the obligations laid down in the Convention on the elimination of remuneration for the purposes of gender.
In order to derogate from the exceptional measure provided for in this clause, it will be essential that, at each lower level, the previous salary tables have been updated in each of the Member States. case.
In the absence of an agreement, the parties concerned will be subject to binding arbitration, in which case the arbitral award will have the same effectiveness as the consultation period and will only be enforceable under the the procedure and on the basis of the grounds laid down in Article 91. The arbitration shall be conducted in accordance with the system to be established before 30 June 2012. Until such a procedure has been established, the system of dispute settlement shall be established at the lower level of the dispute settlement system. "
Fourth.
The following meeting calendar is set, by the end of the year:
November 3, 2011.
November 17, 2011.
November 30, 2011.
December 15, 2011.
All of them will be held at the SIMA headquarters, at 11:00.
The signatory parties undertake to treat, at such meetings, the matters that will be related below, without prejudice to any of the parties being able to add another in future meetings:
a) Functional and geographic mobility.
b) Distribution of the day.
c) Structure of collective bargaining in the sector and concurrency of conventions.
d) Equality plans.
e) IT Complements.
f) Indemnities for Risk.
g) Trade union rights.
h) Permissions and licenses.
i) Holidays.
j) Hiring (relays).
k) Training (professional accreditation, TPC).
l) Extra-conflict resolution of conflicts.
Regardless of this, it is stated that the full negotiation of the Fifth Convention is maintained, except for the concrete matters already agreed upon in this Act.
Fifth.
It is agreed to delegate the signature of this act to a representative of each organization.
Sixth.
It is also agreed to forward this act, with its annex, to the General Labour Directorate of the Ministry of Labour and Social Affairs, for registration, deposit and order of publication in the "Official State Gazette" (BOE). the matters here agreed and without prejudice to the subsequent registration of the V Convention on the completion of the negotiations. To this effect don José Luis López Pérez is empowered
Without more issues to be dealt with, once read and signed by a member of each representation, the session is lifted.
ANNEX
Sector minimum economic remuneration table and salary table for 2011
By professional groups
| Group | Pay Table 2011 | ||
|---|---|---|---|
| XII | 8 * | 16.231.15 | |
| XI | 7 | 16.474.61 | |
| X | 6 | 16.721.73 | |
| IX | 5 | 16.972.55 | |
| 4 | 17.227, 14 | ||
| VII | 3 | 17.778.41 | |
|
| V | 2 | 19.058.45 |
| IV | |||
| II | II | 1 | 19.553.97 |
* Gross remuneration calculation formula for 2011:
Group 8 = Group 8 gross annual remuneration for 2010 + 1.00%.
FEDECE ANEFHOP FEDCAM FECOMA-CCOO MCA-UGT
