Having regard to the text of the second general agreement for road haulage undertakings (Convention code number 99012735011900), which was signed dated 12 November 2010 and submitted for registration and publication On 23 December 2011, signed by the Spanish Confederation of Freight Transport (CETM) and the Spanish Confederation of Transport Operators (CEOT), on behalf of the companies in the sector, and, on the other, by the trade union organisations FSC-CC.OO. and TCM-UGT, representing workers of the the sector, in the interest of the immediate application to the workers concerned of the working conditions laid down therein, and without prejudice to the provisions of Article 3.1 of the Law on the Staff Regulations, and in accordance with the provisions of Article 83 (2) and (3), in conjunction with Article 90 (2) and (3) of the Law on the Status of Workers, recast text approved by Royal Decree-Law 1/1995 of 24 March, and in Royal Decree 713/2010, of May 28, on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the said General Agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Commission Negotiator.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, March 13, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

II GENERAL AGREEMENT FOR ROAD HAULAGE COMPANIES

CHAPTER I

General provisions

Article 1. Nature, purpose and effectiveness.

This II General Agreement, signed by the Spanish Confederation of Goods Transport (CETM) and the Spanish Confederation of Transport Operators (CEOT), and by the Spanish Confederation of Transport Operators (CEOT), and the social representation, by the Trade Unions Comisiones Obreras (CC.OO.) and the General Workers ' Union (UGT), replaces, in full, the General Agreement published in the "Official Gazette of the State" of 29 January 1998, which upon its entry into force will be automatically without effect.

The Second General Agreement has been negotiated and formalized in accordance with Title III of the Workers ' Statute, and in particular, in accordance with Articles 83 and 84 of that legal text. Concluded pursuant to Article 83.2 of the Staff Regulations, this Agreement constitutes a Framework Agreement of a mixed nature, in such a way as to establish the structure of collective bargaining in the sector, and on the other hand, it contains provisions of legislative content and direct application to the industrial relations affected by it, without prejudice to its negotiation in lower units, in accordance with the provisions of Article 84 of the Staff Regulations workers, and the forwarding of materials to lower areas that the Agreement itself makes to the length of his articulated.

In accordance with the general effectiveness conferred upon it by Article 3.1.b) of the Staff Regulations and the representativeness of the undersigned organizations, this II General Agreement shall, in accordance with the provisions of the in Article 82 of the Staff Regulations, to all entities, undertakings and workers within their scope (functional, personal and territorial) and for the duration of their application.

Article 2. Territorial scope.

This II General Agreement shall apply throughout the Spanish territory.

Article 3. Functional scope.

This II General Agreement applies to companies which, under the corresponding enabling titles of Carrier or Transport Operator regulated by Law 16/1987, of Land Transport Management, carry out public transport of goods by road in motor vehicles which circulate without a fixed road and without fixed means of collecting energy and/or the so-called auxiliary and complementary transport of goods goods, including courier and logistics activities, with the understanding of the latter which covers the planning, organisation, management, supervision and performance of the freight transport activities in the supply chain; that is to say, all the business activities required by the said titles enabling, regardless of whether or not they are performed at a controlled temperature.

In this functional area, no minor functional area which does not have as a subsidiary standard this II General Agreement shall not be broken, except by agreement of the Joint Committee of the same.

By virtue of the principle of unit of business this General Agreement shall apply to the whole of the services of each undertaking whose principal activity is included in its functional scope; they are independent business units, operating accounts which are also independent and which carry out activities which are not covered by the scope of this Agreement, shall not apply to them if it is expressly agreed by the representations of the company and the workers concerned.

Accession to this II General Agreement of those who are not in principle included in their functional scope, will be formalized in accordance with Article 92 of the Workers ' Statute.

Article 4. Personal scope.

This II General Agreement is a must for all companies and workers included in its functional scope.

Article 5. Temporary scope.

It shall enter into force on the first day of the calendar month following the date of its publication in the "Official Gazette of the State", and extends its initial validity until 31 December 2014, and shall be tacitly extended for periods of a year if it is not denounced by either party three months in advance of its initial maturity or any of its extensions, by means of written communication to the other party. Upon completion of its initial term, or any of its possible extensions, it will continue to be fully governed until it is replaced by another General Agreement.

The party making the complaint must express in detail in the communication the points and contents that comprise the requested review. Copies of this communication and the proposal shall be sent for registration to the Directorate-General for Work or the body to replace it.

Article 6. Collective bargaining in lower areas.

The provisions of this General Agreement may in no way affect the provisions of the existing statutory collective agreements; the new collective bargaining shall be in accordance with the provisions of this Second General Agreement, which shall be of direct compliance and enforcement in all sectoral collective negotiations which are carried out during its lifetime within its functional scope.

If by virtue of the autonomy negotiated by the parties to the law, the functional scope of the law exceeds that of this II General Agreement, the accommodation of the new collective bargaining to the provisions of this one is understood exclusively to the regulation on undertakings engaged in the carriage of goods by road and ancillary and ancillary activities, including courier and logistics.

Given the nature of the supply standard of this II General Agreement, the regulation contained in collective agreements of any lower territorial scope will always be of preferential application, exception made of the matters referred to in Article 84.4 of the Staff Regulations, and may regulate matters not covered by this Second General Agreement. In matters or matters not covered by the collective agreements at lower level, both pre-existing and after this Second General Agreement, as well as in cases where there is no collective agreement, the provisions of the Second General Agreement shall be directly applicable to companies and workers included in their functional scope.

Where possible and there is agreement of the representative parties in this area, regional sectoral conventions may be established to replace the current provincial sectoral conventions.

Article 7. Joint Commission.

1. A Joint Committee composed of a maximum of 12 members, appointed in half by each of the parties, business and social, who are signatories to this Second General Agreement, is hereby established. The parties may use the advisory services, designating them freely and at their expense, which shall have a voice but not vote.

2. The functions of the Joint Committee shall be as follows:

a) Surveillance and monitoring of compliance with this II General Agreement and interpretation of its provisions. In particular, it is for the Joint Committee to decide whether or not to include any undertaking in the functional field of this Second General Agreement, prior to the filing of a judicial or extrajudicial complaint.

(b) Prior acceptance by its party, mediation or arbitration in any dispute or dispute, provided that they are collective, subject to common agreement by those who are parties to them. Unless the parties have indicated a longer period of time, the Commission shall decide on the matter within 20 calendar days following the acceptance of the proposal and the procedure shall be completed after the expiry of the deadline. without the Commission having evacuated the order received.

c) Elevation to the undersigned organizations of this II General Agreement of the proposals it deems appropriate in order to:

-Constitution of papers or commissions and the elaboration of studies on any aspect of the industrial relations of the sector, including the basic regulations on professional promotion.

-Study of proposals for the modification of professional groups and categories, in the case referred to in Article 12.1, provided that at least two years have elapsed since the entry into force of this Second General Agreement.

3. In accordance with Article 25, the Joint Committee shall examine the feasibility of the application of a system of business subrogation for certain activities falling within the scope of this II. General agreement.

4. The Joint Committee, established as the Joint Committee on Labour Health, assumes all the functions which are recognised by the laws and regulations of the Joint Committee, and the following tasks are carried out:

a) Study on the application to the road freight sector and ancillary and complementary transport activities, including the messaging and logistics, of the Law on the Prevention of Occupational Risks and development provisions, as well as occupational diseases and pensions.

b) While the parties in which alcoholism and drug dependence are both residual and unsignificant in the sector, the Joint Committee will have to study and, if necessary, establish protocols for action in this field. in respect of professional categories which use in the performance of their tasks mechanical means the handling of which involves risks of their own and/or third parties, in such a way as to enable them to establish themselves in undertakings, in accordance with those protocols, systems for assessment and diagnosis, determination of actions and consequences. All of this is without the ability of the law to recognize companies.

Case of the establishment of these protocols by the Joint Commission, no separate protocols on these matters may be drawn up in the lower areas.

(c) Similarly, and for its special working conditions, the Joint Commission may lay down guidelines or recommendations for the proper monitoring of the health of workers, in particular those employed in the any of the professional categories of driver, encouraging the participation and sensitivity of the driver, and the periodicity of medical examinations.

5. The validity of the agreements of the Joint Commission on matters falling within the preceding relationship requires that they be adopted by a majority of each of the two representations. If these agreements amend the text and regulation of this Second General Agreement in order to bring it into line with the legislative changes to which the Joint Committee is expressly empowered, the Commission must to incorporate all the parties entitled to the negotiations, even if they have not been signatories of this Second General Agreement, the concurrence of the requirements for legitimization provided for in Articles 87 and 88 of the Statute of the Workers to ensure that the modification agreements have general effectiveness. Agreements which interpret, amend or update in the meaning of the second agreement shall be effective, and shall refer them to the labour authority for the registration, deposit and publication of such agreements in the Official Gazette. of the State ".

6. The signatory parties are obliged to submit to the Joint Committee, in a prescriptive and prior to any judicial action, any discrepancies and collective disputes which may arise in connection with the interpretation and application of the This Agreement shall be concluded in accordance with the provisions of the Treaty on European Union and the Council of the European

.

The prior procedure referred to in this paragraph shall be deemed to be fulfilled in the case of 20 calendar days from the date of receipt of the Commission's consultation without the Commission having given its opinion.

7. Where there are discrepancies within the Joint Committee which prevent the adoption of agreements, they may be subject to mediation or arbitration if the majority of the members making up each representation so decides, in accordance with the procedure laid down in the Fourth Agreement on Extractive Solutions for Labour Conflicts.

The Joint Commission shall regulate its own operation, with the positions of President and Registrar of the Joint Committee being alternated between the two.

Article 8. Binding to the entire.

The conditions agreed in this General Agreement constitute an organic and indivisible whole and must be considered as a whole. Consequently, if the labor jurisdiction declared null in its present wording any of the covenants of the same, it will be null and without value or effect in its entirety this II General Agreement, committing both parties to renegotiate it again.

CHAPTER II

Organization of the job

Article 9. The organization of the job.

The organization of the work is the faculty and responsibility of the company's management, to which it corresponds, if necessary, to determine the person or persons in whom the exercise of that faculty, which must conform to the established in the law, in this Second General Agreement and in the rules and covenants that are applicable.

In the exercise of its powers of organization of work it corresponds to the management of the company-with respect to the competences that in this matter have attributed the organs of representation of the workers in the (a) to establish, determine, modify or delete the work, to award the tasks, to adopt new methods of execution of the tasks, to create or write down jobs and to order them according to the needs of the company at any time, determining the way the work is delivered in all its aspects.

Article 10. Obligations of the worker.

The worker is obliged to comply with the orders and instructions of the employer in the regular exercise of his or her directives, and to carry out with interest and diligence how many works are ordered within the general task of their professional group and competence. Such work includes complementary tasks that are essential to the proper performance of their core tasks.

Article 11. Good contractual faith and prohibition of discrimination.

The relationships of the company and its workers must always be presided over by mutual loyalty and good faith.

All discrimination on grounds of sex, marital status, age within the limits marked by current legislation, racial or ethnic origin, social status, religion or belief, political ideas, sexual orientation, membership or not a union, as well as for language, within the Spanish State.

CHAPTER III

From Staff

Article 12. General principles.

12.1 Professional Classification: The classification of the staff below is merely indicative and in no case does it imply the obligation for all professional groups or all of them to exist the related categories, which will be based on the needs of each company.

The Negotiating Commissions of Collective Agreements with a lower territorial scope that consider appropriate any modification, addition or deletion of professional groups or categories, in relation to those established in the This Chapter may make proposals to the Joint Committee of this General Agreement which they consider appropriate.

Sectoral collective bargaining at a lower territorial level should adopt the new nomenclature assigned to certain categories in this Second General Agreement.

12.2 Functional Mobility: Without prejudice to its economic and professional rights arising from pre-existing improvements to this General Agreement, and with the provision of Article 39 of the Workers ' Statute, They are subject to functional mobility within the enterprise, without other limitations than those required by academic or professional qualifications required to perform the work and the membership of the professional group. Functional mobility may also be carried out between professional categories which, in the circumstances provided for in Article 22.3 of the Staff Regulations, have been declared equivalent by the Joint Committee of Workers. General agreement.

Workers who, as a result of functional mobility, perform functions exceeding those of their category for a period of more than six months for one year or eight for two years, may claim promotion to the category corresponding to the functions performed, in accordance with the applicable rules. They shall be entitled, in any event, to the corresponding pay differences.

If, for the purposes of the essential or unforeseeable needs, which are justified by the essential time, functions lower than those corresponding to the professional category, the worker shall have the right to continue by perceiving their remuneration of origin. This situation shall be communicated to the employees ' representatives.

Regardless of the above assumptions, the workers, without prejudice to their dignity, may be occupied in any task or task of those of their professional group, during the periods of time they do not have work corresponding to its category.

Article 13. General classification.

The staff providing their services in the companies falling within the scope of this Second General Agreement shall be classified in one of the following professional groups:

Group I: Senior and Technical Staff.

Group II: Administrative Staff.

Group III: Movement Personnel.

Group IV: Auxiliary Services Personnel.

Article 14. Group I: Senior and Technical Staff.

It is understood that, with its own initiative and within the norms dictated by the Directorate or its hierarchical superiors, it exercises functions of a technical character and/or command and organization. The qualification of "High-Address Personnel" is not included for the characteristics of his contract and/or the performance of his/her duties.

This Group I is composed of the professional categories listed below, whose functions and tasks are those which, as an indication, are also recorded.

14.1 Area or Department Director: It is the employee who in the company's central services is at the helm of one of the specific Areas or Departments, if they exist in the company's structure, depending directly on the General Address or Management of the Company.

14.2 Director or Branch Delegate: It is the one with own initiative and within the rules dictated by the management of the company, depending directly on the same or the persons in which this delegate exercises functions directives, command and organisation at the head of a branch.

If it is personal already employed in the company that is promoted to jobs of categories 14.1 and 14.2, which demand maximum confidence, they will not consolidate their appointments until they have passed a test period as such the duration of which shall be six months.

Those who have consolidated any of these professional categories may be removed from the same professional category at any time, passing to the Titled, if they previously held such a category, or to the Head of Service, maintaining (a) the salary assigned to the category of which they have been removed, but the allowances for the quantity and quality of the work and the work place shall, where appropriate, be those which correspond to the actual performance.

14.3 Head of Service: It is the one with own initiative that coordinates all or some of the services of an important company or job center.

14.4 Higher Degree Holder: It is the one that performs tasks for which the exercise is required or requires the title of Doctor, Licensed or Engineer, in any dependencies or services of the Company.

14.5 Middle-Grade Titled: It is the one that performs tasks for which you require or require your middle grade academic degree, in any dependencies or services of the Company.

14.6 Head of Section: It is the one who plays with initiative and responsibility for the command of one of the groups of activity in which the central services of a company are structured, as well as the one in charge of the administration of a branch or work centre of importance, under the dependency of the Director or Delegate, if any.

14.7 Head of Negotiation: It is the one who, at the head of a group of employees and depending on or not of a Section Chief, directs the work of his negotiated, without prejudice to his personal participation in the work, responding to the correct execution of the staff's work to their orders. Information Systems Analysts are classified in this professional category.

14.8 Head of Traffic of First: It is the one who is in charge of directing the delivery of the services of a group of more than fifty vehicles of the company or contracted by it, distributing the personnel and the material and the entrances and outputs from the same, as well as the production of statistics for traffic, travel and consumption. Both the staff of this category and the General Manager of the Transport Operators can assume, at the company's choice, the headquarters of the job centers where there is no Branch Office or Delegate.

14.9 Head of Traffic of the Second: It is the one who, with the same privileges and responsibilities as the former, directs the provision of services of a group of 16 to 50 vehicles of the Company or contracted by it, if there is no Head of a higher-class traffic; otherwise, he shall act as a subordinate to the Head of Traffic of First, regardless of the number of vehicles, coinciding with him or at the head of a work shift.

14.10 General Charge: It is the one that, with direct command over the staff and the orders of the Director or Delegate of Branch, if any, has responsibility for the work, the discipline and safety of the staff; it corresponds the organisation or address of the service, indicating to its subordinates how to carry out the work ordered; it must therefore have sufficient knowledge to carry out the tasks entrusted to it by the undertaking inherent in its role, and for the drafting of the budgets of the works to be entrusted to it, taking care of the material in order to be willing to work at all times.

Both the staff of this professional category and that of the category of Head of Traffic of First can assume, at the choice of the company, the head of the job centers where there is no Director or Delegate of Branch.

14.11 Inspector-Visitor of Companies of Mudanzas: It is the one that, prior to the study of a move or service, sets rules for its execution, assessing, valuing and being able to contract the service and to inspect in its day the execution of the same, by giving account to their heads of how many incidents they observe, taking the emergency measures deemed appropriate in cases of traffic disturbance or accidents or incidents of any kind.

14.12 Head of Workshop: This professional category includes those who, with the precise technical capacity, have the address of a workshop whose staff is at least 15 workers, ordering and monitoring the work which they perform on the premises of the company and outside them in the event of a breakdown or accident.

Article 15. Group II: Administrative staff.

Belong to this professional group all workers who in the various dependencies or services of the company perform functions of an administrative, bureaucratic and/or accounting character, including works with means (a) IT or office and billing; the functions of maintenance, control and general care not included in another professional group are also included.

It is classified in the following categories, whose functions or tasks are those that, with an enunciative character, are also expressed:

15.1 First Officer: It is the employee who, under his own responsibility, performs with the maximum perfection bureaucratic works that require full initiative, among them the commercial activities, both in the company as in visits to clients and agencies and traffic management up to 15 vehicles. In the workplace whose number of administrative employees does not exceed seven, you can act as responsible for them.

This category includes those whose main task is to perform computer programming work.

15.2 Officer of the Second: They belong to that category, those who, where appropriate, the person responsible for the office and with adequate theoretical and practical knowledge, normally perform with due perfection and corresponding responsibility for the work entrusted to them, including those of a commercial nature both in the company and in visits to clients and agencies, as well as management functions of the traffic department. In the work centers of up to three administrative employees, they can assume the leadership of the same.

In this professional category are the workers whose main role is the system operator.

15.3 Auxiliary: It is the employee who, with knowledge of a bureaucratic nature, under the orders of his superiors, executes jobs that do not have special complexity.

15.4 Telefonista: It is the employee responsible for the management of the telephone exchange or any other communication system of the company, and can also be assigned to administrative and/or control and reception tasks.

Article 16. Group III: Movement Personnel.

Belong to this group all employees engaged in the movement, classification and drag of goods in or out of the premises of the company, including the maintenance of the vehicles, classifying in the following professional categories, the functions of which are expressed as enunciative, following the following:

16.1 Store-loaded: It is the employee, whether dependent or not of the General Charge, responsible for the warehouse or operating unit at his or her charge and the staff assigned to them permanently or occasionally, and must issue the orders in the same, receive the goods and distribute them in order for storage, distribution or distribution, and to carry out any other logistic activity. It shall record the entry and exit of the said goods, drawing up and forwarding to the offices the relevant relations, with indications of destination, provenance and entries and exits.

16.2 Head of Equipment: It is the employee who, at the orders of the General Charge, of the Charge of Store or of the Chief of Traffic and meeting practical conditions to lead a group of workers and specialists, takes care of the load or the unloading of vehicles, the sorting of collections and repairs and the dispatch of the invoices in any form of transport, taking into account the complaints that occur, and giving daily account of the progress of the service to its immediate Head; also perform control and surveillance tasks analogous to those indicated for the Encharged General and Store Charge. Workers in the category of Capataz, as laid down in Article 19 (6) of the first general agreement for road haulage undertakings, shall automatically be classified in this category, replacing the names in the salary tables of the lower territorial agreements.

The Chief of the Mudanzas Team will be in his case at the orders of the Inspector-Visitor and is in charge of ordering and supervising the making of the move, participating actively in it, both in homes and in warehouse, port or station, properly installing the accessories to carry out such loads and discharges. He is in charge of the completion of documents and of any other related to the move that the management entrusts him.

16.3 Garage, field and other dependencies: It is responsible for the good order and safety of these facilities, having as mission the proper use of space, storage and distribution of the material and, where applicable, the management of the existing service station on the same.

16.4 Mechanical driver: It is the employee who, being in possession of the driving licence of the class "C + E", is contracted with the obligation to drive any vehicle of the company, with trailer, semi-trailer or without them, to (a) the requirements of the latter, assisting if they are indicated to the repairs of the vehicle, being responsible for the vehicle and the load during the service, being obliged to complete, where appropriate, the documentation of the vehicle and the (a) the carriage of goods and the goods to be carried, if required. It is up to him to carry out the necessary tasks for the proper operation, preservation and conditioning of the vehicle, as well as those that are necessary for the protection and handling of the goods. The person responsible for the workshop, or the person responsible for the undertaking, must immediately be notified of any anomaly detected in the vehicle. It must cover the routes for the routes to be fixed or, if they are not fixed, for which they are most favourable for the correct completion of the service.

They will automatically be classified in this professional category, even if they do not have a driving licence of the "C + E" class, drivers who drive for the same company for more than 6 months, continuous or alternate. of the vehicles referred to in paragraph 16.6.

16.5 Conductor: It is the employee who, while still in possession of the "C + E" class driving meat, is contracted solely to drive vehicles requiring lower class meat, without the need for mechanical and mechanical knowledge. the obligation to direct, if so ordered, the conditioning of the load, taking an active part in the loading and unloading, without exceeding the ordinary day; it is the person responsible for the vehicle and the goods during the journey, owing complete, where appropriate, the documentation of the vehicle and of the transport carried out; it is necessary to carry out the necessary additional tasks for the proper operation, preservation and conditioning of the vehicle, as well as those necessary for the protection and handling of the goods. The person responsible for the workshop, or the person responsible for the undertaking, must immediately be notified of any anomaly detected in the vehicle. It must cover the routes for the routes to be fixed or, if they are not fixed, for which they are more favourable for the correct completion of the service.

16.6 Specific obligations of drivers, common to professional categories 16.4 and 16.5: In addition to the driver generals, previously stated, which constitute the current job, they correspond to the (a) the use and customs and the nature of the service which they carry out, and must have the required training in the case of dangerous goods. The following are listed in the following terms:

16.6. When driving vehicle-tankers, the following tasks must be carried out in respect of their own vehicle:

(a) Inspect the condition, cleanliness and preservation of tanks and their accessories, such as pipes, loading and unloading mouths, valves, pressure gauges, elevators, heaters, discharge pumps and the like.

b) Empalmar and unpack load and discharge hoses, open and close valves, control the filling and emptying, even up to the top of the tanks if necessary; and to purge the tanks of the cisterns before proceeding to discharge, in order to avoid contamination of the products in the tanks of the customers.

c) Control the pressures and depress using the carets and other security elements that are provided to you.

(d) If the tanks are gases, pressure must be controlled and, once the loading and/or unloading operation has been carried out, the tank valve is sealed, as well as if the amount charged corresponds to the maximum authorized weights.

16.6. B When driving refrigerated vehicles:

a) Inspect and monitor the proper functioning of the cold production equipment during the course of transport.

b) Lead the load stowage so that the indoor air circulation is properly secured, where applicable.

c) Carry out the pre-cooling of the vehicle box before loading, in accordance with the instructions given to it.

16.6. C When driving vehicle-holder trucks you must load and hold the vehicles in the truck, as well as download them.

16.6. D When driving vehicles for the transport of arid or crane-bearing vehicles, it is required to carry out the necessary operations for loading and unloading the aggregates and handling of the crane.

16.6. E When driving vehicles from moving and storage companies, you will be actively involved in the work of the moving or service that the vehicle you drive.

16.7 Driver-Light Vehicle Delivery: It is the employee who, while still in possession of upper class driving, is hired to drive light vehicles. Must act with due diligence for the safety of the vehicle and the goods, corresponding to the completion of the necessary complementary tasks for the proper functioning, maintenance, conservation and conditioning of the vehicle and protection of the vehicle and cargo, having an obligation to load and unload its vehicle and to collect and distribute or deliver the goods. The person responsible for the workshop, or the person responsible for the undertaking, must immediately be notified of any anomaly detected in the vehicle. You will have to do your tours for the itineraries that you are set or, if not fixed, for those that are more favorable for the correct fulfillment of the service.

16.8 Capitonista: Is the employee capable of making a move, embalming and preparing, assembling and disarming, climbing and lowering furniture, paintings, clothes, pianos, boxes of flow, machinery and all kinds of analogous objects; load capes, containers, etc., at home, station, port, warehouse; properly install the equipment necessary for these loads and discharges, and may also replace the Head of Equipment when required.

16.9 Specialized-cart Mozo: It is the worker who, in addition to the functions assigned to the category of Adjutant and/or Specialized Mozo, performs the handling of front, trilateral and retractable forklifts.

Access to that category shall require proof, by the worker, to be in possession of the forklift operator's meat issued by accredited entity, adequate and sufficient training prior to the use of such forklift trucks, as well as the handling of these as an everyday element of their working day for a period of more than six months for one year or eight for two years. As long as there is no approved meat, the provisions of the Third Transitional Provision shall apply.

It will handle radio frequency terminals or any other technical means that, for the same purpose, are used in companies for the classification and handling of merchandise and other operations.

Those collective agreements that have already established specific regulation regarding the role or category of road traffic, will maintain this regulation until their accommodation is established, considering that the worker who passes to the category of specialise-cart Mozo shall no longer be entitled to 'road-lift' or similar accessories which, where appropriate, shall be charged in its former professional category for the performance of duties corresponding to the new category; by virtue of a collective or individual agreement or agreement, or by simple granting of the company. If the amount of the abovementioned supplements is higher than the difference between one and the other category, the worker shall continue to receive the difference in a personal capacity up to his compensation and absorption for the salary of the new category or in the form that in each scope is set.

16.10 Adjutant or Specialized Mozo: It is the one that has acquired a long practice in the loading and unloading of vehicles and movement and classification of goods, making them with speed and use of space and safety. It shall handle radio frequency terminals or any other technical means which, for the same purpose, are used in undertakings for the classification and handling of goods and other operations.

When part of the envelope of a vehicle will assist the Driver in all the incidents that may arise during the service and will carry the documentation of the goods, taking care of the loading and unloading of these and their the collection or delivery to the clients, and must deliver the duly completed documentation to the immediate head of the service. It must carry out the necessary work, assisting the Driver, for the proper conditioning of the vehicle and the protection of the goods.

It is up to him, after the necessary preparation, to handle the lifting devices, cranes and other machinery for loading and unloading vehicles in storage or agency and movement of goods in these, except as described for the Mozo specialised-road, except sporadically and non-daily, that is to say, provided that the limits laid down in the Staff Regulations for the claim of the higher category are not exceeded, six months in one year or eight months in two years, with the appropriate training, in application of the functional mobility of higher category.

You may be entrusted with responsibility for and control of vehicle loads and/or discharges.

In the companies of Mudanzas they will be at the orders of the Capitonistas, performing auxiliary functions of these.

16.11 Storage-Basculo Auxiliary: It is classified in this category to which, at the orders of the Warehouse Charge, receives the goods; performs the weighing of the same, the label and pretape or enters in containers or orders it as is directed to you. It will remove the goods by placing them properly once they are classified, also taking care of keeping the premises clean and of the surveillance of the goods that are stored or stored in it. It shall handle radio frequency terminals or any other technical means which, for the same purpose, are used in undertakings for the classification and handling of goods and other operations.

16.12 Mozo: It is the operator whose task, to carry out both in vehicles and fixed installations, requires fundamentally the contribution of physical effort and attention, without requiring outstanding practice or prior knowledge, having to carry out, if assigned, the collection or delivery of goods, the supporting documentation of which shall be delivered at the end of the service to which it corresponds. It shall handle radio frequency terminals or any other technical means which, for the same purpose, are used in undertakings for the classification and handling of goods and other operations.

Article 17. Group IV: Auxiliary Services Personnel.

All Employees Belonging to this Group belong to ancillary activities of the principal of the company, both in the facilities of the company and outside the company, classifying themselves in the professional categories that The following are expressed:

17.1 Ordinance: It is the one that monitors the various dependencies of the company, following the instructions that the effect receives; it also exercises functions of information and guidance of the visitors and of delivery, collection and distribution of documents and correspondence and other similar tasks, including the collection of invoices, being responsible for carrying out the corresponding settlements in perfect order and in due time.

17.2 Guarda: You are responsible for the monitoring of warehouses, ships, garages, vehicles, offices and other company offices, in shifts both day and night.

17.3 Maintenance and Cleaning Personnel: It is responsible for cleaning and maintaining the offices, facilities and attached dependencies of the company.

17.4 Head of Workshop Team: It is the one who, at the direct orders of a Head of Workshop, if any, takes personal part in the work, while directing and monitoring the work of a certain group of workshop operatives, not above fourteen, which are dedicated to works of the same nature or convergent to a common task. You can take the lead in workshops that do not exceed ten staff.

17.5 Official of the First Official: This category includes those who, with total mastery of their trade and with the ability to interpret detailed plans, perform in the workshop, in any other dependence of the company or in vehicles outside it, jobs that require the greatest care not only with correct performance, but with the maximum economy of time and material.

17.6 Official of the Second Office: It is classified in this category that, with theoretical-practical knowledge of the trade, acquired in a properly accredited or long-established learning process, they carry out currents with correct yields, being able to interpret the most elementary drawings and sketches.

The Carpenter of Mudanzas and Guardamuebles-which is the operator that prepares and performs the packaging of furniture and makes the boxes or frames for their shipment, also carrying out the work of unpacking and the own of the move- shall be classified in one of the categories of Officer of First or Second Trades, in the light of their professional preparation and the quality of their work.

17.7 Workshop Specialized Mozo: It includes in this category who proceeding from Peon, possessing general knowledge of a trade, can perform the most elementary works of the same with correct returns.

17.8 Peon: It is the one whose task requires fundamentally the contribution of physical effort and attention, without requiring outstanding practice or prior knowledge. Included in this category are the Lavachoches, Lavacamions, Engrasses, Vulcanizers, and Service Stations operators not specifically included in previous definitions.

CHAPTER IV

Recruitment and professional promotion

Article 18. Income to work.

The income to the work shall be effected in accordance with the applicable provisions in this field, having to formalize the contract in writing when required by any standard or be requested by any of the parties. If there is no written contract reflecting the essential elements of the contract and the main conditions for the performance of the benefit, the worker must be informed in writing in the case of a new role in the working centre and, in any case, when he so requests.

In order to facilitate the maintenance of the current level of jobs in the sector and, if possible, the increase of the same, the income of the workers in the enterprises can be carried out under the modality of This is a very important and effective way of dealing with the needs and interests of businesses. The hiring mode must be effectively matched to the legal or conventionally established purpose.

A copy of the contract shall be delivered to the worker for the signature of the contract, and shall inform him of all applicable conditions.

Article 19. Test period.

The maximum duration of the trial period, which shall be in writing, shall be six months for qualified technicians, three months for the remaining staff of Group I and two months for other workers.

During the probationary period the worker shall have the rights and obligations corresponding to his or her professional category and job position which he or she performs, as if he were a staff member, except those arising from the termination of the employment relationship, which may occur at the request of any of the parties during its course, without notice and without any party being entitled to any compensation whatsoever in writing the withdrawal in writing.

Elapsed the trial period without the withdrawal of the contract, the contract will produce full effects, computing the time of the services provided for the purpose of seniority.

A new test period cannot be held when the worker has performed the same functions previously in the company, under any form of hiring.

Article 20. Termination of the contract.

Given the nature of the activity that the companies affected by this collective agreement carry out, workers who voluntarily cease to provide services in the company must communicate it in writing and in advance a minimum of 15 days from the date of termination for contracts exceeding the year of duration and in advance of seven days in respect of contracts of a lower duration, except in the case of fixed-term contracts where the cessation of work coincides with with the expected end date of the contract. The company will pay the corresponding settlement on the same day of the cessation of the notice. Failure to comply with this period of notice will entitle the company to bring in the corresponding settlement of the worker an indemnity equivalent to the salary of the days left in advance.

Similarly, and with the exception of the alleged contractual termination with legally established notice, disciplinary dismissal, contracts of interinity and of the fixed-term contracts in which the cessation of work The employer who decides to dispense with the services of a worker must inform him in writing at a time of 15 days. Failure to comply with the notice shall entitle the worker to the payment, together with the settlement, of compensation equivalent to the salary of the days missing from notice.

The employer, on the occasion of the termination of the contract, when communicating to the workers the complaint or, where appropriate, the notice of the termination of the contract, must accompany a proposal of the document of settlement of the quantities due and subsequently pay the corresponding settlement on the day of the cessation.

Article 21. Modalities of procurement.

21.1 The maximum duration of any contract for production under Article 15.1 (b) of the Staff Regulations is 12 months in a reference period of 18 months, unless it is has the opposite of the lower scope collective agreements.

21.2 The contract of employment shall be deemed to be part time when the provision of services has been agreed for a number of hours per day, per week, month or year, less than the working day of a worker comparable full time.

As for the number of additional hours, the provisions of Article 12.5.c) of the Workers ' Statute will apply. The distribution and the form of completion of the agreed complementary hours must comply with the agreement of the supplementary hours, respecting in their case the regulation established in the collective agreement of lower territorial scope applicable.

Given the nature of the activity carried out by the companies falling within the scope of this II General Agreement, in the collective agreements at lower level, they may be established for the purposes of the additional, pre-notices of duration lower than that provided for in the Staff Regulations.

The conditions in the conversion of the part-time contract, or vice versa, as well as the preference for conversion, shall be in accordance with the provisions of Article 12 of the Staff Regulations.

21.3 The contracts made under the terms of the replacement contract shall be in accordance with the provisions of Article 12 of the Staff Regulations and the corresponding Social Security rules. For the purposes set out in the implementing rules, the same job as the one corresponding to a category included in the same professional group, or equivalent category, shall be understood.

Article 22. Common arrangements for fixed-term contracts and part-time contracts.

22.1 Employees hired for a given duration and part-time employees will have the same rights and equal treatment in employment relationships as the other employees of the workforce, except for differences which are derived from the nature of your contract.

22.2 They will acquire the condition of fixed, whatever the modality of their hiring, those that would not have been discharged in the Social Security, after a period of time equal to the one that could have been fixed for the test period.

Article 23. Professional promotion.

23.1 The promotion, within each Professional Group, will be carried out by the management of the company, previously consulted the legal representation of the workers in the company, taking as fundamental references the knowledge of the basic tasks of the job to be covered, the experience of the duties assigned to that post or the like, the years of service provision to the company, the suitability for the position and the organisational powers of the undertaking. The Staff Committee or Delegates may appoint one of its members to participate in the selective process.

The fact that a discharge occurs will not lead to the automatic existence of a vacancy, which will only be created when the Management of the companies is determined by virtue of its powers of organization of the work and according to the actual needs of the same.

23.2 Unless otherwise provided in a collective agreement at a lower level, when the worker in the company is three years in the category of Mozo or Administrative Auxiliary, he will be able to hold the professional category of Specialized Assistant or Mozo, or the Second Administrative Officer, respectively.

The workers automatically promoted to the categories of Assistant or Specialized Mozo and of the Second Administrative Officer, as provided for in the preceding paragraph, shall have as their own tasks the corresponding to the category of origin as to the category of promotion.

Article 24. Forced retirement and promotion of stable employment.

It is the wish of the signatory organizations that stable employment in the sector can be encouraged, as well as the placement of young workers. To this end, it is established that retirement shall be compulsory, unless otherwise agreed between the undertaking and each of the workers concerned, when they are 65 years of age, provided that they have the necessary period of absence covered by the be entitled to a Social Security pension of not less than 80 per 100 of the statutory basis for the benefit; otherwise, the compulsory retirement shall take place at the time of entitlement to the pension in that percentage.

It shall be necessary for the application of the provisions of the preceding paragraph which, on the occasion of the forced retirement of the worker, shall be made in any of the following circumstances: (a) the company has maintained the number of indefinite employment, considering its monthly average of the current calendar year, with respect to the previous year; b) the undertaking to convert, prior to or at the same time to retirement, a contract of duration (c) which, prior to or at the same time as retirement, is an indefinite contract for an unemployed worker.

In the same desire to promote stable employment in the sector and to this end, the agreements of territorial scope below this II General Agreement may delimit the maximum percentages of employment of temporary employment and making available, in line with the socio-economic reality of each of these areas.

Article 25. Subrogation and subcontracting.

25.1 Subrogation. It is agreed to instruct the Joint Commission to study the feasibility of implementing a business subrogation scheme for certain activities falling within the scope of this Second General Agreement. The agreements reached within the Commission, which for this purpose must incorporate all the parties entitled to the negotiations, even if they have not been signed, shall have the same effectiveness as this II Agreement. general, having to request from the Labour Authority the registration and subsequent publication of the same in the "Official State Gazette".

The Joint Commission will hold a minimum of three annual monographic meetings on this subject, starting in 2011.

Your first objective will be to analyze the possible application of the subrogation to the activities called "in house".

25.2 Subcontracting. In the recruitment and subcontracting of activities and/or services, undertakings shall comply with Article 42 of the Staff Regulations and other applicable legislation, taking into account the rights of information corresponding to this subject to the legal representation of workers.

Article 26. Business succession.

The change of ownership of a company, a job center or a self-employed productive unit will not extinguish labor relations for itself, leaving the new employer subrogated in labor rights and obligations. Social security of the former employer, including pension commitments, and in general as to how many obligations in respect of supplementary social protection the transferor company has acquired.

CHAPTER V

Working Time

Article 27. Workday.

27.1 The maximum ordinary working day shall be 40 hours of weekly working, on average annual count, distributed irregularly, in accordance with the criteria of the same as set out in the conventions. or, failing that, by agreement between the company and the employees ' representatives. However, by collective agreement, a different duration may be fixed for the effective working day.

In general, the ordinary day cannot exceed ten hours of effective daily work; by agreement between the company and the representatives of the employees, it may be fixed according to the characteristics of the company a limit of more than or less than the ordinary daily working day, provided that the daily and weekly breaks provided for in this Article are respected-except in cases of force majeure or in order to prevent or repair claims or other extraordinary and urgent damage this General Agreement, in collective agreement or in legal or regulatory rules of obligation compliance.

Effective working days lower than the entry into force of this General Agreement shall be respected by virtue of collective agreements, covenants, individual contracts or by mere concession of undertakings.

27.2 In movement services and other activities directly linked to the departure and arrival of vehicles, which by their very nature extend discontinuously over a period of more than 12 hours a day, the rest between days may be nine hours provided that the worker can enjoy during the day of an uninterrupted minimum rest of five hours. Where this provision of Royal Decree 1561/1995 is used, the worker shall be entitled to receive the job supplement which the effect is agreed upon in collective agreement or, failing that, by agreement between the representation of the undertaking and that of the workers.

27.3 Given the peculiarity of the logistics activities, directly linked to the customer's determinations, which requires a permanent activity of the companies, the guiding criteria to be set in the collective agreements or, failing that, by agreement between the undertakings and the representatives of their employees, must enable the establishment of working days, shifts and staff schedules enabling the correct provision of the service, without prejudice to the corresponding compensation and/or payment entitlements which are or are agreed upon, where appropriate.

Article 28. Working day of mobile workers.

28.1 Without prejudice to the general provisions on the subject, the working day of mobile workers in the sector will be in accordance with the provisions of Regulation (EC) 561/2006 of 15 March and in Royal Decree 1561/1995, of 21 September, on special working days, as amended by Royal Decree 1635/2011 of 14 November. In order to ensure that the wording of the said Royal Decree 1561/1995 undergoes some change in the future, the two parties undertake to renegotiate again if this Article is necessary; for this purpose the Commission is expressly empowered to Joint Commission of this Second General Agreement, in accordance with the provisions of Article 7.5 thereof, to proceed, if necessary, to the renegotiation of this article and of all those who are directly affected by the modification of the Royal Decree 1561/1995, constituting what is agreed in the same way as a novation of this II General Agreement, to be sent to the labour authority for registration, deposit and publication in the "Official State Gazette". The Joint Committee shall be established, provided that this is the case, in accordance with the requirement laid down in Article 85.3 (h) 2. of the Staff Regulations.

28.2 In the case of sectoral collective agreements with a lower territorial scope or collective agreements or collective agreements, specific agreements on the working day of workers will be adopted. The provisions of this Article shall take precedence over the provisions of this Article. The agreements and agreements referred to above may provide for specific salary compensatory measures, which are set according to objective criteria, as remuneration for possible extensions of the ordinary day and/or the hours of presence.

28.3 According to the provisions of Articles 8 to 12 of Royal Decree 1561/1995, for the calculation of the working day of the mobile workers, it will be distinguished between effective working time and time of presence, whose Arrangements shall be as provided for in those Articles, with the following particularities:

(a) Without prejudice to the maximum duration of the ordinary working day provided for in Article 34 of the Staff Regulations and to the minimum daily and weekly rest periods, the length of time In the case of cash, mobile workers may not exceed 40-eight hours a week on average on a half-yearly basis, without being able to exceed in any case of the 60 hours per week. It is also agreed that, in view of the objective, technical and/or organisational characteristics of the work which are inexcusable in this activity, such as the seasonal or international nature of the services, the reference period established in Article 8.3 of Royal Decree 1561/1995 for the calculation of the maximum limit of twenty hours per week of the hours of presence, shall be two months.

(b) The time of presence shall be compensated by equivalent paid time off or paid at least at the price of the ordinary hour.

(c) You shall not cease to pay or compensate for any time of work or presence, or give back a period of time for two or more concepts. The sum and distribution of the different times will not reduce the minimum breaks established by the current regulations.

d) For the purposes of Article 10 (3) and Article 10 (4) (c) of Royal Decree 1561/1995, it shall be understood in any event that the worker knows in advance the foreseeable duration of the waiting periods for the loading and unloading when the transport service that is carrying out is for a charger and/or a consignee for which it has made any other service on the same premises.

e) Except for breaks or rest periods, periods during which the worker is accompanied by a vehicle carried by ferry or train shall be regarded as a time of presence, provided that it is known in advance the existence and foreseeable duration of the journey. As provided for in Article 9 of Regulation (EC) No 561/2006, and without prejudice to the accrual of the allowances to which they correspond, the driver must have access to a bed or bunk during his daily rest period, which may be be interrupted twice at most to perform other activities that do not exceed a total of one hour.

(f) Except for breaks or rest periods, periods of waiting at borders or those caused by the prohibitions of circular during which the driver has to be available to respond to possible instructions which instruct you to undertake or resume driving or to carry out other work, will have the consideration of time of presence, if the worker knows in advance the existence of these periods and their foreseeable duration, understanding that the knows when it comes to borders that have ever crossed as a result of the carrying out a professional transport service, or where the prohibitions on the movement have been established by the competent authority and the worker is aware of this. The time of such periods in which the worker carries out any work or resume driving shall be considered to be effective, where he has been ordered to do so.

(g) Without prejudice to their remuneration or compensation for equivalent times of rest, the hours of presence in the periods during which the worker accompanies a vehicle carried by ferry or train, and from periods of waiting at borders or those caused by the prohibitions of circular, shall take up to a maximum of six hours a day for the purposes of the ceiling laid down in Article 8.3 of Royal Decree 1561/1995 and in point (a) of the present The hours of presence made on the occasion of the conduct of the equipment shall count for of the said limit up to a maximum of four daily.

(h) The working time of mobile workers shall include all hours worked for one or more employers in the period considered. To this end, the undertaking falling within the scope of this Second General Agreement at the time of the employment of the worker-or, if it has not already done so, within one month of the entry into force of this Second General Agreement for workers who at such time have employees, will ask the worker in writing for the calculation of the working time he or she intends to carry out for other employers, having the worker to provide these data in writing.

The worker will not be able to provide any work for other entrepreneurs without having previously communicated such purpose to his company in writing, so as to avoid being involved, without having knowledge of it, in possible excess of hours of work or presence. In any case, when the worker is accepted to carry out work for another employer, he must take account of his or her unavoidable obligation to carry out the work agreed with his employer.

28.4 The application of both the modification of Royal Decree 1561/1995 operated by Royal Decree 902/2007, and this article will not be able to result in a worker perceiving, for equal work, lower perceptions than the that it is currently receiving all the concepts, as a whole and annual computation; correlative, the perceptions resulting from the application of these norms will be the object of compensation with the conditions of any order that they are currently enjoying the workers, as far as the latter reaches.

28.5 Adjusting to productive reality and promoting security, the following is established:

(a) Mobile workers who perform national transport services shall be entitled to enjoy at least seven out of every 12 weekly breaks at their home.

(b) Mobile workers who perform international transport services shall be entitled to enjoy at least five out of every 12 weekly breaks at their home.

(c) At least half of the weekly home breaks to be carried out over the year, as provided for in the previous two paragraphs, shall be non-reduced breaks.

d) In the case of the performance of both types of service, the criterion to be applied will be the one established for the type of transport (national or international) that the greatest number of days involves the worker in the period of twelve weeks to compute.

e) If the needs of the service prevent compliance with the minimum requirements set out above, for each weekly rest at home which cannot be carried out in that of the worker, the worker shall be entitled to one working day of leave paid, whose enjoyment will be added to the annual holiday or a weekly rest at home in the following calendar month, at the company's choice.

(f) Provided that the organisational needs of the enterprises permit, the greatest possible number of weekly breaks, the enjoyment of which is carried out at the worker's home, will be ensured at the end of the week, It is understood that this circumstance occurs when the rest is fully or partially understood on Saturday or Sunday. Except for cold transport services in the field, it is established that one at least of the weekly breaks performed at the worker's home in each 12-week period shall coincide with the end of the week.

g) It will be ensured that the recovery of reduced weekly breaks is made, at least on twenty-five per cent of the occasions, coinciding with another non-reduced weekly rest and at the worker's home.

h) In this field, the most beneficial regulations or practices that apply in companies will be respected.

Article 29. Overtime.

They shall have the consideration of overtime hours of work exceeding the ordinary, daily or weekly working day laid down in this II General Agreement, collective agreements or agreements of undertakings, computed in terms of in each case is set. For the purposes of the maximum limit of overtime, those which are compensated for equivalent rest periods shall not be computed within four months of their completion; these compensatory breaks shall be scheduled by common accord of the the company and the worker concerned, preferably for the times of the least activity of the company and ensuring that they are enjoyed in a consecutive way to the weekly rest.

The offer of overtime is a matter for the company and its acceptance, in general or for each specific case, will be voluntary for workers.

Given the nature of the activity that the companies affected by this General Agreement carry out, the workers are obliged, notwithstanding the above, to carry out the overtime necessary for the the completion of the driving, delivery or delivery and collection, removal, vehicle preparation and documentation of the vehicles which are initiated before the end of the ordinary working day, with the maximum legally established limit.

The company will report, as legally applicable, the number of extraordinary hours performed.

Article 30. Holidays.

30.1 The annual leave shall be of not less than 30 calendar days, or proportional share if the service time is less than the year, and may be effectively enjoyed in two periods at most, except in in the course of the calendar year. The right to vacation is not susceptible to economic compensation. However, the staff who cease during the course of the year shall be entitled to the payment of the salary corresponding to the part of the holiday accrued and not enjoyed, as an integral part of the liquidation due to their absence from the undertaking.

In the setting of the period or periods of your enjoyment, the periods of greatest business activity, which may be excluded for such purposes, will be taken into account.

The period or periods of their enjoyment shall be fixed by common agreement between the employer and the worker, in accordance with the provisions laid down, where appropriate, in collective agreements or agreements of undertakings on annual planning of the holidays. In the event of disagreement between the parties, the competent jurisdiction shall set the date for the appropriate enjoyment.

The holiday calendar will be set in each company. The worker will know the dates that correspond to him two months before, at least, the beginning of his enjoyment.

You will maintain improvements that are already in place or can be set in lower-scope collective agreements.

30.2 When the holiday period fixed in the company's calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural lactation or with the period of suspension of the planned contract Article 48.4 of the Royal Decree of Law 1/1995 of 24 March, approving the recast of the Law of the Workers ' Statute, will be entitled to enjoy the holidays on a date other than that of temporary incapacity or to the enjoyment of the permit which, by application of that precept, corresponds to, at the end of the period of suspension, even if the calendar year is over.

Article 31. Work schedule.

In the calendar of work that each company produces, in accordance with the provisions of Article 34.6 of the Staff Regulations and the additional provision of Royal Decree 1561/1995, the criteria must be set rectors of the irregular distribution of the day which have been fixed in collective agreement or, failing that, by agreement of the company with the representatives of the workers.

The calendar should be displayed in the work center throughout the year.

CHAPTER VI

Remuneration

Article 32. Remuneration.

All the economic perceptions of the workers, in money or in kind, by the professional provision of their labor services, whether they pay back the effective work, the times of presence or the rest periods They will have the consideration of salary.

The salary in kind may not exceed 30 per 100 of the total worker's salary.

Article 33. Non-wage perceptions.

No salary consideration will be given to the amounts paid to workers by the following concepts:

(a) Compensation or compensation for expenses to be incurred by the worker as a result of his or her work.

(b) Compensation or compensation for transfers, displacements, suspensions or redundancies.

c) Social Security benefits and allowances.

d) Any other amount that is paid to the worker by similar compensatory concepts to those previously related.

Article 34. Wage structure.

The salary structure will distinguish salary or base salary, salary supplements, and additional voluntary allowances.

Article 35. Base salary.

The basic salary or salary will consist of a fixed fee quantified in collective agreement or, failing that, individual contract, which the worker will be entitled to receive when he performs his or her work and during the Computer-based rest times as work.

Article 36. Salary supplements.

Wage supplements that could be set up by collective agreements will necessarily be included in any of the modalities that are reflected in the following numbers.

The remuneration and definition of salary supplements shall be fixed in collective agreement or, failing that, individual contract, in a percentage of the base salary or in a fixed amount.

36.1 Personal Supplements: Personal supplements will be the result of the personal conditions of the worker who have not been valued when setting the salary or base salary. They are of a consolidable character.

36.1.1 Complement of seniority: Economic promotion on the basis of the developed work, which will become due from day 1 of the calendar month following its expiration, is fixed at five percent of the base salary to the five years, ten per cent at ten years, fifteen per cent at fifteen and twenty per cent at twenty or more years of computer services.

To workers who have received awards, plusses or allowances for seniority, whatever their denomination, in excess of the amount resulting from the system set out in the preceding paragraph, they shall be respected personal title, as long as it is more favourable to them.

In the collective agreements of a lower territorial scope where the age is expressed in an express manner, it shall be exclusively the provisions of the same.

36.2 Job completion: Job supplements, and therefore non-consolidable, which will be those arising from the special characteristics of the job or the way the job is carried out professional activity, which is a higher concept than that of the current work, including those listed in Article 16.6 above.

36.2.1 The Nocturnity wage supplement-in the event that such a circumstance has not been taken into account when setting the basic salary or salary-will be paid for every hour or part of the hour worked between 22 and 6 hours. tomorrow.

36.3 Complements by quantity or quality of work: Add-ons by quantity or quality of work are set to give back a better quality or a greater amount of work done, and are, among others, the premiums or incentives, the use of activity and assistance and overtime. They are not of a consolidable character.

The company is free to establish a system of premiums or incentives, with the participation of the legal representation of workers in the terms provided for in Article 64 of the Staff Regulations. Workers. Undertakings shall provide and draw up the formulae for the calculation of the incentives to be established on the basis of performance, in accordance with a clear and simple objective system.

The further substantial modification of the remuneration system with incentive will be accommodated in accordance with Article 41 of the Workers ' Statute.

The amount of overtime shall be the amount of the collective agreement and, failing that, the amount corresponding to the ordinary time.

36.4 Top-of-the-month periodic maturity supplements: Maturity-to-month maturity supplements, of a consolidable nature, are the extraordinary rewards of March, July and Christmas. The amount of each of them will be 30 days of salary or base salary plus, if any, personal supplements, for each full year of services. If the service time is less than the year, they shall be paid in proportion to the services provided.

July's extraordinary gratification will be effective within the month of July, on the basis of wages in force at the end of June 30.

The extraordinary Christmas gratification will be effective before December 22, according to the salaries in force at the previous 30 November.

The extraordinary March gratification will be due from January 1 to December 31 of each year, becoming effective before the 15th of March of the following year according to the salaries in force on 28 February. previous.

Companies that wish to do so may prorate in the twelve months of the year, prior to agreement with the workers ' representatives, all or some of the periodic maturity supplements higher than the month. Pre-existing situations will be respected.

If in the collective agreements at the lower level it is expressly regulated, it will be exclusively to the provisions of the same.

36.5 Plus Convention: The plus of the Convention shall have the legal nature and characteristics which, if any, are set out in the collective agreements which have it established or established in the future.

Article 37. Additional voluntary assignments.

Companies may assign to their workers amounts in cash or in kind on a voluntary, free and differentiated basis, at the discretion, without requiring acceptance or consideration, provided that such voluntary remuneration, (a) to be listed for all purposes in Social Security, be totally independent of the other remuneration concepts which the worker may receive by law, by this Second General Agreement, by collective agreement or by individual agreement. Their grant or modification shall not constitute discrimination on the grounds specified in Article 4.2.c of the Staff Regulations. Because of the non-consolidated nature of this remuneration, the voluntary allocations granted on the basis of the publication of this Second General Agreement or under agreements or covenants which authorize them with such a nature, they are entitled to claim if they are reduced or withdrawn, except in the case of discrimination referred to in the preceding paragraph.

Companies shall inform the representatives of the employees of the number of workers who have paid voluntary allowances in this period and of the percentage which they represent in relation to the mass gross wage of the entire enterprise or workplace.

If the lower-level collective agreements are regulated or previously regulated in an express manner regarding the voluntary allocations, they will be exclusively subject to the provisions of the voluntary allocations.

Article 38. Diets.

38.1 The diet is an extrasalarial concept of a compensatory or compensatory nature, and of an irregular nature, which aims at the compensation or compensation of the living expenses and/or accommodation of the worker, caused as a result of an offset.

You will have the right to receive a diet, the staff who, because of the service, are obliged to have lunch, dinner or overnight and have breakfast outside the place of your home and the usual service of your service. Companies, unless otherwise agreed in collective agreement, will be exempt from the obligation to pay the part corresponding to the overnight stay if they provide the workers with accommodation; nor will they be obliged to pay Some diet for breakfast, lunch and/or dinner if the maintenance of the posted worker does not add cost for the same one to be carried out by the company.

38.2 The lower-level collective agreements may set out the specific circumstances that will entitle them to the receipt of allowances. Unless collective agreements provide otherwise, lunch will represent 35 per 100 of the amount of the diet; dinner will be 25 per 100; overnight stays 30 per 100; and breakfast is 10 per 100.

Article 39. Food aid in plaza.

Without having the legal status of dieting, because of the fact that there is no movement to a location other than those of residence or service, the amounts that the companies pay for meals in the market will have (a) the amount of the compensation to be paid by the worker for his or her food, for the convenience of the service, outside the centre of work and his home. The amount of the allowance shall be 70% and five per cent of the lunch allowance, unless otherwise provided for in the collective agreements or agreements of undertakings.

CHAPTER VII

Geographic Mobility

Article 40. Moves and displacements.

40.1 Transports. In order to contribute to improving their situation, through a more adequate organization of their resources, the company may agree to the transfer of its workers, requiring change of residence, in the conditions and with the requirements legally required. These needs will be addressed first of all, with whom, by meeting the conditions of suitability, they will voluntarily accept their transfer; in the absence of these, they will have the preference to be affected by the mobility in the last place, in this order, the representatives of workers within the company, pregnant workers or children under one year of age and those with family burdens.

In the cases referred to in the preceding paragraph, the company must pay the travel expenses of the person concerned and the persons who live with him and transport his furniture and goods or, at the choice of the person, to pay the expenses for such transport, and in addition to pay at least, for compensation of any other possible expenditure, the amount of four monthly payments or basic salary corresponding to it.

If the shipment is at the request of the worker, it will not have this right to compensation, and if it is by common agreement between the two parties, the compensation, if any, will be the same as the same.

40.2 Displacements. If the worker's change of residence, due to the needs of the service, is temporary, it is called displacement.

Both travel and any other departure from the place of residence and the usual service of the service shall entitle the worker to be paid the amount of the trip, if he does not do so in vehicles of the company, and also, in compensation of the expenses that such displacement causes, to the collection of the diet, in the amount that in each case corresponds according to the collective agreement of application.

In the event that a temporary posting exceeds three months, with the maximum of one year, if in collective agreement no other thing is available the amount of the diets will be 85 per 100 of the ordinary. In such long-term displacements, the worker shall be entitled to return to his home of origin once every three months, in order to pass within the same four working days as worked. Both the cost of travel and the time spent on them-in terms of their working day-will be on the company's behalf.

CHAPTER VIII

Disciplinary regime

Article 41. Disciplinary regime.

The actions or omissions of the workers committed on the occasion of their work, in connection with or arising from the work, which constitute an infringement of the obligations of all kinds which the worker has imposed on him, are faults. the legal order, the present II General Agreement, collective agreements and other rules and agreements, individual or collective, qualifying as minor, serious and very serious.

Article 42. They're slight fouls:

1) Three faults of punctuality at work, without proper justification, committed in the period of one month.

2) Do not notify by any means with character prior to absence, being able to do so, the impossibility of going to work and its cause.

3) Abandonment of work within the day without justified cause, even if for a short time.

4) Neglect or negligence in the preservation of the material.

5) The lack of respect and consideration of a slight character to the staff of the company and the public, including among themselves the faults of grooming and personal cleansing.

6) Non-use of the dressing room and equipment provided by the company with instructions for use.

7) Faltar to work one day without justified cause in the one month period.

Article 43. They're serious fouls:

1) More than three non-justified faults of punctuality in work attendance, committed over the period of one month.

2) False two days to work, for one month, without cause.

3) Deliver to games, whatever, within the working day, if they disturb the service.

4) Disobedience to the orders and instructions of the employer in any matter of work, including the control of assistance, not to comply with the administrative procedures that are budget or consequence of the activity to be performed by the worker.

5) The allegation of false causes for licenses.

6) The repeated negligence or neglect in the work that affects the good march of the same.

7) The imprudence or negligence in act of service. In particular, the non-use of compulsory clothing and safety equipment is deemed to be an act of service recklessness.

8) Perform without permission particular jobs during the day, as well as employment for own uses of the company's material.

9) The serious misconduct of respect and consideration for those who work in the company, the users and the public, who constitute an infringement of the constitutionally recognized rights to them.

10) The abuse of authority on the occasion of the work, considering such the commission of an arbitrary act provided that there is manifest and deliberate infringement of a legal precept and disservice to a lesser one.

11) Do not notify by any means with character prior to the absence, being able to do so, the impossibility of going to work and its cause, provided that the lack of prior notification is reason for delay in the departure of the vehicles or produce any disorder in the normal development of the activity.

12) The abandonment of work within the day without cause, even if for a short time, provided that it is reason for delay in the departure of the vehicles or produces any disorder in the normal development of the activity.

13) Faltar to work a day without cause justified in the period of one month, provided that it is reason for delay in the departure of the vehicles or produces any disorder in the normal development of the activity.

14) Neglect or negligence in the preservation of the material that damages the company.

15) The continued and usual lack of grooming and cleanliness, such as to produce justified complaints from colleagues.

16) Reiteration or recidivism in a minor lack (excluding punctuality), even if they are of a different nature, within a quarter and having mediated sanction other than that of verbal admonition; and any other of nature analogous to the precedents.

Article 44. They're very serious fouls:

1) More than 10 unjustifiable faults of punctuality committed over a period of six months or 20 for a year.

2) Unjustified faults to work for 3 consecutive days or 5 alternate days in a period of six months, or 10 alternate for one year.

3) Indiscipline or disobedience at work. In any case, it shall be regarded as a very serious failure when it involves the breach of the discipline or the damage to the undertaking or the co-workers.

4) Verbal or physical offenses to the employer or to persons working in the company or to family members who live with them.

5) The transgression of good contractual faith, as well as the abuse of trust in the performance of work, considering as such fraud or disloyalty in the efforts entrusted; theft or theft, both to his or her colleagues work as the company or any person, performed inside the premises or vehicles of the same, or anywhere if it is in act of service; violating the secrecy of the correspondence or revealing to strange data that are known for the reason of the job.

6) Continuous and voluntary decline in the performance of normal or agreed work.

7) Usual drunkenness or drug addiction if they have a negative impact on work.

8) Abandonment of work, even if for a short time, if it were cause for accident.

9) The recklessness or negligence of service if there is a risk of accident or damage to the machinery, vehicle or plant.

10) Sexual harassment or harassment on grounds of sex, developed in the workplace and seriously undermining the dignity of the worker or worker who is the object of the work.

11) Harassment of workers (mobbing) that seriously and continuously attacks the dignity of the affected worker.

12) Reoffending in serious misconduct, even if they are of a different nature, provided that they are committed within a quarter and have been sanctioned, and any other in nature analogous to the precedents.

Article 45. Sanctioning procedure.

1) Before imposing penalties for serious or very serious misconduct, undertakings shall communicate the facts to the workers concerned in writing, so that, if they so wish, they may also lay down in writing, within three months working days, which in this respect considers appropriate. This communication will also be made to staff and/or business committee delegates.

2) In the case of alleged serious misconduct, the undertaking may, at the same time as the communication referred to in the preceding paragraph or subsequently, agree to the suspension of the employment of the worker, without prejudice to his remuneration, as a precautionary measure, for the time strictly necessary for the clarification of the facts, with the limit of one month, without prejudice to the sanction that may finally be imposed. This suspension shall be communicated to the employees ' representatives.

Article 46. Deprivation of liberty.

The absence of the worker's absence from work shall not be deemed to be unjustified if the worker is subsequently cleared of the charges that would have resulted in his detention.

Article 47. Penalties.

1. The penalties to be imposed by the disciplinary commission shall be as follows:

a) For minor faults: Verbal or written assembly; suspension of employment and salary of up to two days.

b) For serious misconduct: Suspension of employment and salary from 3 to 15 days; postponement for promotion up to 3 years.

c) For very serious faults: Suspension of employment and salary from 16 to 45 days; definitive disablement for promotion; dismissal.

2. The fines imposed for infringements of the traffic and road safety provisions shall be met by the person responsible for the traffic and road safety.

Article 48. Prescription of faults.

The workers ' faults prescribe: at 10 days, the mild ones; at 20 days, the serious ones; and at 60 days, the very serious ones; counted from the date on which the Company became aware of the commission of the fault and, in all Case, six months after the case has been committed.

Article 49. Communication of union membership.

Workers who wish to have their affiliation to a Trade Union consist of their employer, within the meaning of the last subparagraph of Article 55 (1) of the Staff Regulations, shall notify them in writing, having that obligation to acknowledge receipt of the communication.

CHAPTER IX

Reconciliation of work and family life, equal opportunities, gender-based violence and harassment

Article 50. Reconciliation of work and family life.

It is the wish of the undersigned organisations that, in compliance with the organizational needs of the companies, working conditions can be established to enable workers to better reconcile their work and family obligations. To this end, the companies shall provide the workers who so request, and in the terms laid down in the legislation in force, to exercise all their rights in this field.

The breastfeeding permit provided for in Article 37.4 of the Staff Regulations may be replaced, by the will of the applicant, with a paid leave of at least 12 working days, which shall be enjoyed without Continuity solution, following the enjoyment of maternity leave. The duration of the paid leave shall be increased proportionally in the case of multiple births.

Both options can be enjoyed interchangeably by the parent or the parent in case both work.

In the event that the worker or worker opts for the paid leave described in the preceding paragraph, they must inform the company at least 15 days in advance of the end of the rest period. maternity.

Article 51. Equal opportunities.

Companies are obliged to respect equal treatment and equal opportunities in the workplace and, for this purpose, must take measures to prevent any type of discrimination between women and men, measures to be negotiated, and where appropriate agreed, with the legal representatives of the workers in the terms provided for in the legislation in force.

In the case of companies with more than 250 employees, equality measures should be directed towards the development and implementation of an equality plan, with the scope and content set out in the labour law.

The plans for the equality of enterprises are an ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving in the company equality of treatment and opportunities between women and men and to eliminate discrimination on grounds of sex. They shall set out the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective monitoring and evaluation systems for the objectives set.

In order to achieve the objectives set, the equality plans may include, inter alia, issues of access to employment, professional classification, promotion and training, remuneration, organisation of working time to promote, in terms of equality between women and men, work, personal and family reconciliation, and prevention of sexual harassment and harassment on grounds of sex.

Equality plans shall include the whole of a company, without prejudice to the possibility of establishing appropriate special actions in respect of certain workplaces.

Article 52. Gender-based violence.

Respecting due confidentiality, companies will make it easier for female victims of gender-based violence to enjoy all the rights and guarantees provided for in Organic Law 1/2004 of 28 December 2004. Comprehensive Protection Measures against Gender Violence.

Article 53. Sexual harassment; harassment on grounds of sex.

Companies should promote working conditions to prevent sexual harassment and harassment on the basis of sex, and to arbitrate specific procedures for their prevention and to give caution to complaints or complaints that may arise. formulate those who have been the subject of it.

To this end, measures can be established to be negotiated with workers ' representatives, such as the elaboration and dissemination of codes of good practice, the conduct of information campaigns or actions training.

Workers ' representatives should contribute to the prevention of sexual harassment and harassment on the basis of sex at work by raising awareness of workers in front of them and information to the management of the company of the behaviors or behaviors that they knew and could lead to.

CHAPTER X

Social enhancements

Article 54. Driving licence.

54.1 In companies of twenty-five or more employees, those surveyed in one of the professional categories of driver to whom, as a consequence of driving a vehicle of the company by order and account of it, even When they come and go to work, they will be disabled to drive for as long as they do not exceed six months, they will be coupled during that time to another job in one of the services of the company, perceiving the base salary of their professional category and their personal supplements, as well as the amount and quality of work and job supplements that correspond to the one they are actually performing. Cases where the disablement to drive is a consequence of the use of drugs or the ingestion of alcoholic beverages are excluded. Such benefit may be enjoyed only if the driver concerned has an seniority in the undertaking of at least two years, and if, where appropriate, at least five years after he has enjoyed the same benefit.

In the case referred to in the preceding paragraph and under the conditions laid down therein, the obligation of replacement may be replaced, at the discretion of the company, by the hiring of insurance in favour of such workers to be guaranteed the payment during the period of disablement of the equivalent amount, proportionally, to seventy-five per cent of the salary perceived in the previous immediate calendar year; the premium of said insurance shall be fully satisfied by the companies. In this case, the contract of employment of the drivers will be suspended, with the reserve of job, during the aforementioned period of disablement, without the right to remuneration and without having any effect, having to be reincorporated once finished the period of disablement to drive.

In companies with fewer than twenty-five employees, the benefit set out in the first paragraph of this article will not apply, but will be replaced-provided the circumstances are provided for in the -by a suspension of the contract of employment with a reserve of post, unpaid or computable to any effect, during the period of disqualification for driving. If the drivers of these workplaces hire, individually or collectively, insurance for which they are guaranteed to be paid during the period of disablement of the equivalent amount, in proportion, to seventy-five per cent of the The amount of the insurance premium corresponding to a six-month guarantee shall be paid by the undertakings to the undertakings concerned in the preceding calendar year.

54.2 Drivers are required to inform their companies, at the time of their recruitment, of the points they have at the time of their driving licence. They must also inform the companies immediately when they are removed from their driving licences.

Companies assume the obligation to pay the driver 75 per 100 of the insurance premium that he/she has contracted to meet the cost of the courses necessary for the recovery of the driving licence points, The priority is to carry out the courses outside the working day.

54.3 The provisions of this article will be applicable in the event that no regulation has been established on this subject in the collective agreements at lower level or in company agreements.

Article 55. Early retirement.

Employees, provided that they agree with their companies, will be eligible for retirement at the age of 64 in the cases and conditions laid down in Royal Decree 1194/1985 of 17 July 1985, as well as for partial retirement. Article 12 (6) of the Staff Regulations of Workers and 166 of the General Law on Social Security.

Article 56. Other hedges.

Companies shall ensure, through the coverage of the Social Security or, in their absence, the necessary concerts or contracts, that the expenses which by any concept may arise as a result of the assistance Health care that workers are required abroad, in no case should they be satisfied by the workers themselves.

In the event that the accident or illness is serious and requires hospitalization of more than 5 days, the company will provide the means necessary for a relative of the worker to move to the place of hospitalization, as well as for their subsequent return. In any case, the medical report will be available to assess the severity or not of the accident or the disease.

Companies will bear the costs of posting workers, in the event that they have to move from abroad to their habitual residence, because of the death of a family member until the first time. degree of consanguinity or affinity.

If a worker dies outside the locality of his habitual residence because he is displaced by order of the company, the company will pay the costs of moving the remains to the place of habitual residence; likewise, in case of of the worker's death, the company will cover the travel expenses of a family member.

CHAPTER XI

Job Health

Article 57. Safety and occupational health.

The workers included in the scope of this II General Agreement have the right that the provision of their services in the various job centers and establishments of the companies of the sector will be adapted to the measures and norms which, on a compulsory basis, lays down Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks and the various Regulations implementing it.

As a general consideration of occupational health and risk prevention, it is stipulated that:

(a) Companies shall carry out the prevention of occupational risks by taking as many measures as are necessary for the protection of the safety and health of workers.

(b) In any case, the approaches, actions and measures that will be implemented in relation to this matter will be directed to the promotion of the improvement of the working conditions to raise the level of protection of the health and the safety of workers.

(c) Workers and their representatives shall enjoy the rights of participation and consultation that are recognized in Chapter V of the Law on the Prevention of Occupational Risks.

(d) Where the modification of the facilities, work equipment and, in general, of the working conditions, involves changes in the risk of jobs, the risk assessment shall be updated, putting it to the attention of the workers concerned and/or their representatives.

e) In the terms laid down in the current regulations, companies shall ensure that workers at their service are regularly monitored for their health in the light of the risks inherent in the work, surveillance which only may be carried out when the worker gives his consent, with the exceptions which, if appropriate, the Joint Committee may agree with in accordance with Article 7.4 of the General Agreement. Particular attention shall be paid to the specific recognition of women, in the case of maternity and workers with the professional category of driver. The results of the medical review will be communicated to the affected workers. Access to medical information of a personal nature shall be limited to medical staff and health authorities who carry out surveillance of the health of workers, without being able to provide the employer or other persons without express consent of the worker. Notwithstanding the foregoing, the employer and persons or bodies with responsibility for prevention shall be informed of the findings arising from the examinations carried out in relation to the suitability of the worker for the performance of the job or with the need to introduce or improve protection and prevention measures so that they can properly carry out their preventive functions.

f) Where the assessment to be carried out reveals the existence of a risk to safety and health or a possible impact on the pregnancy or breastfeeding of female workers, the employer must take the necessary measures. referred to in Article 26 of the Law on the Prevention of Occupational Risks.

(g) For the assessment of jobs exposed to special risks, the methods or criteria set out in the Guidelines of the National Institute for Safety and Health at Work shall be taken into account.

(h) Workers have the right to be informed and to receive appropriate training on the specific risks affecting their post or function and the protective and preventive measures applicable to them. risks.

CHAPTER XII

Trade union rights and staff representation

Article 58. Rights of workers ' representatives.

58.1 Workers ' representatives shall have the rights, duties and guarantees recognised both in the legislation in force and in this Second General Agreement and, where appropriate, in the collective agreement of application.

58.2 According to the provisions of Article 68 of the Workers ' Statute, the possibility of the accumulation of hours of the various members of the works councils or, where appropriate, the staff delegates, is agreed upon in one of the or several of its components, without exceeding the total maximum, provided that a standard of accumulation is drawn up on a monthly basis of the credit schedule, from which a copy is given to the undertaking. As a result of the accumulation of hours, a member of the committee may be relieved of the work without prejudice to his remuneration.

58.3 As provided for in Article 67 of the Workers ' Statute, partial elections may be promoted by resignations, revocations or adjustments of the representation by increase of staff.

Article 59. Union quota.

To all those workers who expressly request it in writing, the amount of the union fee they indicate will be deducted in payroll, being referred to them according to the determination of the trade unions. affected.

Article 60. Intercentres Committee.

Under the provisions of Article 63.3 of the Workers ' Statute, the constitution and functioning of an interagency committee with a maximum of 13 members, which will be designated as between the components of the various centre committees. The inter-institution committee shall have the functions expressly provided for in the collective agreement which constitutes it.

CHAPTER XIII

Training

Article 61. Continuing training: Objectives.

The signatory parties to this Agreement consider the continuing training of workers as a strategic element that makes it possible to reconcile the increased competitiveness of companies with individual training and training. professional development of the worker, in the context of a process of lifelong learning proper to vocational training for employment, and thus express his willingness to take advantage of and develop the current legal regulations to the fullest extent.

Also, if necessary, undertake to adapt the provisions of this Chapter to any legal regulations that may arise after the publication of this Agreement, in the development of the Agreement. Professional Training for Employment agreed on 7 February 2006, or the Fourth National Training Agreement signed on 1 February 2006.

Article 62. Training courses.

Companies will be able to organise training and training courses for staff free of charge on the terms and in accordance with the procedure laid down in Royal Decree 395/2007 of 23 March, which regulates the subsystem vocational training for employment, or a standard that can be replaced or developed, with the aim of professional promotion and training.

The principle of equal treatment and opportunities will be guaranteed in the incorporation of workers with greater difficulty of access to it. In this context, training actions may include positive actions with regard to access to the training of workers belonging to certain groups (among others, young people, immigrants, the disabled, workers and workers). temporary contract, victims of gender-based violence).

Article 63. Individual training permissions.

The workers affected by this General Agreement may apply for individual training permits in the terms of the terms of Royal Decree 395/2007 of 23 March 2007 governing the subsystem of the vocational training for employment and the rules which may replace or develop it, in order to facilitate the training recognised by an official qualification to workers seeking to improve their personal and professional training, without costs for companies where they provide their services.

Article 64. Driver recycling training.

Training courses for the renewal of the Certificate of Professional Aptitude (CAP) and the meat of dangerous goods (ADR) will be provided by the companies through their own means or by concerting them with services. others.

The cost of training will be borne by companies. The time spent for this purpose by the employees shall be attributed to the paid leave provided for in Article 23.3 of the Staff Regulations, in the wording given to it by Royal Decree-Law 3/2012 of 10 February.

For workers who do not pass the renewal examinations of the authorisation which they enable to drive vehicles carrying dangerous goods, their employment contract shall be suspended for a maximum period of six months. months, within which they shall obtain the said authorisation.

First transient disposition.

1. The remuneration for all higher concepts, considered as a whole and annual calculation, which the workers enjoy at the entry into force of collective agreements falling within the scope of this Second General Agreement, will be (a) in respect of the amount which is strictly personal at the time.

2. The application of this Second General Agreement to collective agreements and/or individual working relationships shall not in itself result in any reduction or increase in the number of perceptions as a whole and annual calculation, without prejudice to the the remuneration structures of those conventions and/or individual relationships the adjustments necessary to adapt them to the provisions of Chapter VI of this General Agreement.

Second transient disposition.

in mind that the present II General Agreement refers to the collective collective bargaining of inferior territorial scope matters of great importance, as for example the concretion of all the economic concepts, the parts Signatories to this Second General Agreement consider that there should be sectoral collective bargaining coverage in all the lower territorial areas. To this end, the Joint Committee may call on the social partners in the field concerned to initiate collective bargaining and, in the event that the vacuum is not covered, may request the competent labour administration to carry out of the collective agreement extension file.

Transient Disposition third.

As long as the forklift operator's meat referred to in Article 16.9 is not available, access to the category of specialist-cart Mozo will require adequate and sufficient training, as well as experience. in the handling of forklift trucks referred to in that Article as an everyday item of their working day for a period exceeding six months for one year or eight for two years.

Additional disposition first.

It is agreed to ratify for all subsectors of activity included in the functional scope of this II General Agreement the Fourth Agreement on Extractive Conflicts of Labor Conflict (ASEC), signed on February 10, 2009, and published in the "Official Gazette of the State" of 14 March.

Additional provision second.

The parties to this Second General Agreement are convinced of the need and provenance of the establishment of a system of retirement age reduction coefficients for the collective of professional drivers, in attention to the greatest penosity, accidents and danger of their working conditions, so they undertake to develop the actions conducive to this purpose.