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Having regard to the text of the Fifth Collective Agreement of the Construction Sector (Convention Code No. 99005585011900) which was signed dated 20-01-2012 and presented for registration and publication in the General Directorate of Employment on 23-01-2012, signed, by the General Confederation of Construction, representing companies in the sector and from another, by the trade union organizations FECOMA-CCOO and MCA-UGT, representing workers in the sector, in attention to the immediate application to the workers affected of the working conditions which are establish in the same one, and without prejudice to the provisions of Article 3.1 of the Law of the Workers ' Statute, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Statute of Workers, approved by Royal Decree Legislative 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

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

Second.

Arrange for publication in the Official State Gazette.

Madrid, February 28, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

V GENERAL BUILDING INDUSTRY CONVENTION

PREAMBLE

The signatories to the Fifth General Convention of the Construction Sector (CGSC) wish to state that the accumulated experience of the previous conventional texts of the sector shows that the homogeneous regulation of certain For the whole of the national territory and the establishment of a single regulatory framework, they have had beneficial and stimulating effects for the proper development of industrial relations in the construction sector, characterized by a high geographical mobility and a majority regulation of working conditions through collective agreements of a provincial nature.

Therefore, the signatory parties to the Fifth General Convention of the Construction Sector, making use of their fundamental rights of association and freedom of association, also wish to express their commitment to validity, the totality of its contents produce legal consequences for its represented, federated and Confederate, obliging itself to this end with respect to themselves and of how many organizations integrate and represent, not to promote or to conclude provincial or lower-level, autonomous or community collective agreements containing or regulate matters reserved by the State in general or which, in any way, object to it or contradict its requirements.

The legislative reforms in the labor sector carried out over the last few months require updating and adapting certain business contents, especially as regards the structure of collective bargaining. In this sense, the V CGSC adopts and delimits, if it fits more precisely than the previous ones, the negotiating powers of the different territorial areas in the framework of the new statutory regulation.

Moreover, the parties to the present Convention state that they are aware of the need to pursue an operational policy on the prevention of occupational risks, to take the necessary measures for the the elimination or reduction of risk factors and the consequent reduction in accidents at work and occupational diseases in enterprises, as well as the promotion of the information and training of workers and their employees. representatives.

In another order of things and in accordance with the provisions of Article 10 of Law 32/2006 of 18 October 2006, the Regulatory of Subcontracting in the Construction Sector, the signatory parties consider that one of the It is important that the European Commission should be able to take the necessary steps to ensure that it is able to take the necessary steps to ensure that it is able to do so. job or role in the prevention of occupational risks, so that they are aware of the risks and measures to prevent them. In addition and taking into account the presence of migrant workers in the sector, training and information directed at these workers will be appropriate and necessary for their characteristics, especially in the case of the lack of knowledge of the language.

Consequently, and in accordance with the legal clearance provided for in Article 10.2 of the aforementioned Law 32/2006 of 18 October 2006, the parties to the Agreement consider it necessary for the Construction Labour Foundation to be mandated by the (i) develop the training plans and actions necessary for the development of the prevention of occupational risks in the sector in terms of the corresponding title.

Furthermore, in the development of the provisions of Article 10.3 of Law 32/2006 and as a way of crediting the specific training received by workers in the field of occupational risk prevention, it is continued with the promotion of the introduction of a single card or professional meat into the whole of the national territory and will be valid for the whole of the sector; as a means of crediting the training of workers; the so-called "Professional Card" Construction " (TPC).

The design, execution and expedition of the said Card is entrusted to the Construction Work Foundation (FLC), also developing the tasks of enrollment of the courses that it gives as well as the validation, accreditation and registration of courses provided by undertakings which, for their content and hours of training, are in conformity with the training programmes established by this Convention.

The present agreement also reflects the current situation of society with regard to equality between men and women, and given the importance it is acquiring in the organization of labor relations, within the framework of the The framework of Law 3/2007 of 22 March on the effective equality of men and women includes several measures aimed at making this equality effective.

BOOK FIRST

General aspects of the General Convention of the Construction Sector

PRELIMINARY TITLE

General provisions

CHAPTER I

Legal nature, areas and guarantees

Article 1. Signatory parties.

1. They are parties to the present General Convention, on the one hand, the State Federation of Construction, Wood and the Purposes of CC.OO. (FECOMA-CC.OO.) and Metal, Construction and Aends, State Federation of the U.G.T. (MCA-UGT), as a union representation and, on the other hand, the National Confederation of Construction (CNC), in business representation.

2. The signatory parties recognise each other's legitimacy to negotiate this Convention.

Article 2. Legal nature.

1. The General Convention of the Construction Sector has been negotiated under Title III of the Workers ' Statute (E.T.) and, in particular, in accordance with Articles 83 and 84 of that legal text in its wording given by the Royal Decree-Law 7/2011 of June 10, of urgent measures for the Reform of Collective Bargaining. Its provisions are of a general nature and effectiveness and therefore oblige all associations and entities within their functional, personal and territorial areas.

2. This Convention shall be open to the accession of other representative trade union and business organisations in different areas to the agreed upon agreement of the signatory parties.

Article 3. Functional scope.

1. This General Convention shall be binding on all activities of the construction sector, which are as follows:

a) Those dedicated to construction and public works.

b) The preservation and maintenance of infrastructure.

c) Canteras, areneras, grainas and the exploitation of industrial lands.

d) Embarations, floating artifacts and auxiliary railways of works and ports.

e) The majority and exclusivist trade in construction.

2. The activities of the field of application of this General Convention are related and detailed, as enunciative and not exhaustive, in Annex I thereto.

3. They are also integrated in the field of application of this General Convention, enterprises and workplaces which, without being expressly included in Annex I, have as their main activity the construction sector itself. agreement with the business unit principle.

4. Taking into account the concurrency of companies in the same working centre, the complication of prevention management in these and the provisions of the Law on subcontracting in the construction sector, will also be subject to the provisions of the Book II in relation to the minimum safety and health requirements applicable to construction works and to quarries, grainas and the exploitation of industrial land, all undertakings which carry out work in the the workplaces considered as works.

Article 4. Personal scope.

1. The rules of this Convention shall be binding and general observance for all undertakings, public entities and workers of the activities listed in the previous article.

2. The management staff of the undertakings submitted to it and corresponding to Level I under the provisions of the Transitional Provision of this Convention shall be excluded from the scope of this Convention. This staff is free to be appointed by the company. Your employment relationship will be governed by your employment contract and, where appropriate, by the special rules applicable to you.

If a management position has not been contracted as such, but you are accessing that charge for internal promotion in the company, you will only be excluded from the application of this Convention while you are in charge and under the terms of the which derive exclusively from the same.

Article 5. Territorial scope.

This General Convention will be applicable throughout the territory of the Spanish State. It will also apply to workers employed in Spain in the service of Spanish companies in the construction sector abroad, who will have at least the economic rights they would have to work in Spain.

Article 6. Material scope.

The General Convention of the Construction Sector establishes the normative framework of the relations of work in the sector, regulating its general conditions, with the dual purpose of homogenizing them and giving them character of permanence and stability.

Its content refers to the regulation of the general working conditions to be applied in all its scope and with the validity that in the Convention itself is determined, while comprising and developing the matters reserved for the general-level negotiations provided for in Article 12 of this Convention.

Article 7. Temporary scope.

1. This Convention shall extend its validity until 31 December 2012. Its entry into force will take place on 1 January 2012, with full effect from that date.

2. By way of derogation from the above paragraph, they shall be valid for 5 years, and shall therefore extend their validity until 31 December 2016, as laid down in this Convention concerning:

-Structure of collective bargaining in the sector: Book I, Preliminary Title, Chapter II, Article 11.

-Articulation of collective bargaining: Book I, Preliminary Title, Chapter II, Article 12.

-Concurrency of conventions: Book I, Preliminary Title, Chapter II, Article 13.

-Inapplication of working conditions: Book I, Preliminary Title, Chapter III, Articles 14 to 17.

-Fixed Contract of Work: Book I, Title I, Chapter II, Article 24.

-Subrogation of personnel in road or rail maintenance contracts: Book I, Title I, Chapter II, Article 27.

-Retirement: Book I, Title I, Chapter XI, Article 97.

-Joint Committee: Book I, Title III, Chapter I, Article 108.

-Functions and procedures of the Joint Commission: Book I, Title III, Chapter I, Article 109.

-Equal opportunities and non-discrimination: Book I, Title IV, Article 115.

3. Once the various vigencies of the previous numbers 1 and 2 have been completed, the provisions of the current Article 86.3 of the Workers ' Statute and the Additional Provision First, paragraph 2, of the Royal Decree-Law 7/2011 of 10 In order to avoid the regulatory vacuum that would otherwise occur and once its initial validity or that of any of its extensions has been completed, the Convention will continue to be governed by both its normative and binding content. that is replaced by another.

Article 8. Reporting procedure for the revision of the Convention.

1. Any of the two parties to this Convention may request in writing the other the revision of the Convention with a minimum of three months in advance of the expiry of the initial period of the vigencies referred to in the previous Article or any of its extensions.

2. The party making the complaint shall accompany a specific proposal on the points and content of the requested review. Copies of this communication and the proposal will be sent to the Directorate-General for Work for the purpose of registration.

3. The negotiation of the new Convention, once denounced the previous one, must begin within a maximum of one month from the receipt of the communication of the complaint, constituting in that time the Negotiating Commission.

4. The maximum period for the negotiation of the new Convention shall, where appropriate, be eight months from the date of expiry of the period of validity of the previous Convention, except for the matters referred to in Article 7.2 of this Convention for which the period of be 14 months.

5. In order to deal effectively with the discrepancies which exist after the maximum negotiation periods laid down in the previous paragraph without reaching an agreement, the parties adhere to and submit to the non-judicial proceedings of conflict resolution established or which can be established by means of inter-branch agreements at the state level.

Article 9. Binding to the entire.

1. The conditions agreed in this Convention, whatever their nature and content, form an organic and indivisible whole and, for the purposes of their practical application, shall be considered as a whole, assuming the parties ' compliance with linking to the whole of the same.

2. If the competent authority or jurisdiction, in use of its own powers, does not approve or resolve to leave out any of the clauses of this Convention, it shall be reviewed and reconsidered in its entirety. To this end, the signatory parties to this Convention undertake to meet within 10 working days of the determination of the relevant resolution in order to resolve the problem raised. If, within 45 working days of the date of the determination of the resolution in question, the signatory parties do not reach an agreement, they undertake to set the timetable for the negotiation of the Convention in their own right. whole.

3. A binding clause shall be included in the collective agreements covered by this Convention in the fields provided for in this Convention.

Article 10. More beneficial conditions.

The most beneficial conditions for workers to be recognised in their personal capacity by the companies upon entry into force of this Convention or any other of the lower scope shall be respected, provided that they are more favourable, considered as a whole and in annual computation, in respect of quantifiable concepts.

CHAPTER II

Structure of collective bargaining

Article 11. Structure of collective bargaining of the sector.

Under this Convention and in accordance with Articles 83.2 and 84.2 of the E.T., the structure of collective bargaining in the construction sector is articulated at the following substantive levels of agreement:

a) General Convention of the Construction Sector: establishes the structure of collective bargaining in the sector and its content regulates the general working conditions to be applied in the entire sector and with the validity The Convention itself establishes that the workers ' working conditions are homogenized, facilitating their mobility and protecting the market unit.

b) Sectoral Agreements: sectoral agreements of a State nature which are negotiated after the entry into force of this General Convention shall be automatically integrated as organically constituent chapters thereof, prior to the intervention of the Joint Committee of the Sector. These agreements may cover, inter alia, the following:

-The concrete application in the interconfederal agreements sector.

-Any other matters that the parties agree to.

The matters covered by the Sectoral Agreements shall have the same application priority as appropriate in accordance with the criteria set out in Article 13 of this Convention.

c) Provincial or, where appropriate, Autonomous Community and lower-level collective agreements: they shall be periodic renewal and aim to develop the subjects of their respective negotiating scope as well as to apply the contents of this Convention and, where appropriate, national sectoral agreements which may be produced during the term of the General Convention.

Article 12. Articulation of collective bargaining.

1. In the development of Articles 83 and 84 of the E.T. and in compliance with the provisions of Law 32/2006 of 18 October 2006, the regulator of subcontracting in the Construction Sector, the criteria are laid down on the basis of which the articulation of collective bargaining in the sector:

(a) The matters contained in this Convention shall have priority to apply to any other provisions, except in those in which there is reference to other areas of negotiation. In these cases, the nature, content and extent to which the referral is intended must be provided.

(b) In those matters in which it is expressly established, this Convention shall be of the exclusive standard, in the interest of its singular nature. For these purposes, the following are the subjects which will not be able to be negotiated in the lower areas, with the exclusive aspects of the negotiation of the State-wide scope being reserved exclusively for the negotiation of the State Corresponding Book, Title and Chapter:

• Inapplication of working conditions: Book I, Preliminary Title, Chapter III, Articles 14 to 17.

• General working conditions: Book I, Title I, Chapters I to XII, Articles 18 to 104.

• Recruitment: Book I, Title I, Chapter II, Articles 22 to 25.

• Subcontracting: Book I, Title I, Chapter II, Article 26.

• Subrogation: Book I, Title I, Chapter II, Article 27.

• Professional classification, groups and functional areas: Book I, Title I, Chapter III, Article 28.

• Productivity and/or performance tables of national scope: Book I, Title I, Chapter V, Articles 37 to 45.

• Concepts, structure and size of economic perceptions and increases, both wage and non-wage, except for non-quantified or numerical perceptions in this Convention: Book I, Title I, Chapter VII, Articles 47 to 67.

• Amendments to working conditions: Book I, Title I, Chapter VII and VIII, Articles 47 to 74.

• Compensation scheme: Book I, Title I, Chapter VII, Article 66.

• Annual day and rest: Book I, Title I, Chapter VIII, Articles 68 to 72.

• Annual holidays, licenses and permits: Book I, Title I, Chapter VIII, Articles 73 and 74.

• Geographical and functional mobility: Book I, Title I, Chapter IX and X, Articles 75 to 89.

• Suspension, extinction of the employment relationship: Book I, Title I, Chapter XI, Articles 90 to 96.

• Retirement: Book I, Title I, Chapter XI, Article 97.

• Basic conditions of the disciplinary system: Book I, Title I, Chapter XII, Articles 98 to 104.

• Share the Construction Foundation: Book I, Title V, article 116.

• Workers ' representation bodies in the company: Book I, Title II, Articles 105 to 107.

• Minimum safety and health provisions at work: Book II, Titles IV, Chapters I to VII and Title V, Articles 180 to 249.

• Safety and Health Information and Training: Book II, Title III, Chapters I to IV, Articles 136 to 179.

• Accreditation of the Construction Professional Card and Training: Book II, Title III, Chapter IV, Sections I to IV, Articles 167 to 179.

• Joint Body for Prevention in Construction: Book II, Title I, Chapters I to V, Articles 118 to 134.

2. The undersigned trade union and business representatives express their wish that this General Convention should be an effective reference for the establishment of industrial relations throughout the construction sector. To this end, they provide that the areas below the State level should be referred to this General Convention in all the matters covered here, as well as in the quality of the supplementary right in the case of agreements or agreements at a lower level. in accordance with the terms and requirements of Article 84.2 of the E.T.. And all of this is given the character of the prevalent standard with absolute priority applied to the present Convention by the parties.

3. In accordance with Article 84.3 of the Treaty, the signatory parties establish that in the field of an Autonomous Community they may not negotiate agreements or conventions affecting the provisions of this State-wide Convention.

4. In the case of collective bargaining at the provincial level or, where appropriate, regional negotiations, the following are specific subjects for collective bargaining:

a. The binding content of the conventions.

b. The quantitative concretion of the non-quantified economic perceptions or percentages in the present Convention.

c. The distribution of the annual working day and its regulation on timetables and timetables.

d. Test period.

e. Development of the disciplinary system.

f. Concreteness of all the measures of flexibility in the company, both functional and geographical, not expressly provided for in this Convention.

g. Implement in their respective scope the contents of the national sectoral agreements that may be produced during the duration of this Convention.

h. Any other matters not covered by the higher scope conventions.

i. Any other matters referred by the higher-scope conventions to those at the lower level.

5. The provincial or, as the case may be, regional conventions shall be prevalent and shall therefore be of priority application to the lower-level conventions, in respect of the matters specifically mentioned above, and agreed in its scope.

Article 13. Concurrency rules.

In accordance with the provisions of Articles 83 and 84 of the E.T., the assumptions of concurrency among the conventions of different scope shall be resolved by applying the following rules or principles:

(a) Principle of hierarchy: it will be a preferential bargaining unit at the state level, so any conflicting competition between the latter and the lower level will be resolved subject to the material content agreed upon in the this General Convention, without prejudice to the respect of the necessary rules of law laid down in the legislation in force at any time.

(b) Safety Principle: the provincial conventions which are in force when the present General Convention starts to be effective shall remain in force in all its content up to the conclusion of its temporary scope, and to make use of the following negotiation to the content of the General Convention, without prejudice to the parties ' agreement to the new conditions laid down in this Convention.

(c) Principles of complementarity and subsidiarity: the General Sector Convention complements the contents of the lower-level agreements, and is also a supplementary right in everything that is not expressly provided for in the agreements.

(d) Principle of territoriality: the provincial or, where appropriate, autonomic convention, in force at the place of effective delivery of the services, shall apply.

CHAPTER III

Inapplication of working conditions

Article 14. Concept.

In order to establish the framework for a greater degree of stability in employment in the sector, it is considered necessary to establish mechanisms that will lead to the implementation of measures which, with a view to preventive and cyclical, they are intended to promote that and this by means of suspension, always on a temporary basis, of the effective implementation of the Convention on certain working conditions.

Such measures will aim at the temporary and effective implementation of the Convention, all within the established legal and conventional framework.

Article 15. Subjects concerned.

For this purpose, the temporary suspension or application may affect the following matters as laid down in the collective agreement of a higher level than the undertaking which is applicable and all without prejudice to the provisions of the Article 41 of the E.T.:

a) Wage regime.

b) Time, day distribution and working time.

c) Shift work regime.

(d) Functions, where they exceed the limits for functional mobility provided for in Article 39 of the E.T.

e) The work and performance system.

f) The remuneration system.

Article 16. Causes.

The application may be made, in the terms of this Article, where the company alternatively has or a persistent decrease in its level of income or its economic situation and prospects may be adversely affected by the possibility of maintaining employment; these causes shall be understood to be, inter alia, the result of the "operating result per employee" (i.e. the result divided between the number of the the average number of employees equal to the full time of the corresponding period) or 'sales' at the national level of the undertaking in the last financial year or in the last 12 months is less than 12% of the average of the operating result per employee or sales in the previous year or in the preceding 12 months to the last taken, considering therefore that there is an objective cause for the inapplication.

For indemnification purposes, in cases of extinctions arising from Article 50 of the E.T. or of recognised or declared redundancies resulting from causes beyond the will of the worker during the implementation of the Convention, take as the basis of the salary the one that should be perceived in the event that the Convention is not applied.

Article 17. Procedure.

1. The undertakings in which some of the causes of inapplication provided for in the previous Article are concerned shall inform the employees ' representatives of their wish to benefit from it.

In the case of the absence of employee representatives in the company, it will be understood that the most representative trade unions in the sector are entitled to be part of the Negotiating Commission of the Collective Agreement of application to the same, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the E.T.

In both cases the initiation of the procedure will be communicated to the Joint Commission of the provincial convention, or in its autonomous case, or state.

2. The procedure shall be initiated on the basis of the undertaking's communication, with a period of consultation with the representation of the designated workers or commission or the trade union sections where the latter so agree, provided that the a majority of the members of the Business Committee or among the staff delegates.

This period, which will last no longer than 15 days, will cover the reasons for the business decision, and the company must be provided with the communication mentioned in the previous paragraph, the documentation that avale and justify its application; the following is possible, among other possible and to mere effects,: explanatory notes, audited accounts and/or presented in the Mercantile Register, the situation balance and the results and the progress of accounts planned, or in default of the previous the documentation of a similar nature as appropriate to the company's specific circumstances.

If the misapplication is based on the indicated percentage of decline on the "operating result" or "sales", the documentation of which the situation of the company will be released and which must be necessarily audited or, if applicable, entered in the Trade Register.

3. Where the period of consultations is terminated by agreement, it shall be presumed that any of the possible causes identified as being inapplicable in the previous Article shall be present and may be challenged only in the jurisdiction of the competent jurisdiction of the fraud, intent, coercion or abuse of law in its conclusion.

The agreement must be notified to the Joint Commission of the Collective Agreement concerned, which in turn will forward a copy of the agreement to the State Joint Commission.

The implementation agreement must determine exactly, depending on the matters concerned in accordance with Article 15, the remuneration to be paid by the employees and, where appropriate, the completion of the other and possible inapplied materials.

Together with the determination and concretion mentioned above, the agreement will have to establish, in its case and in attention to the disappearance of the causes that have determined it, a progressive convergence towards the recovery of the possible affected by the inapplication. In no case shall such a non-application be longer than three years.

The implementation agreement and the programming of recovery of the various and possible subjects concerned may not result in the failure to comply with the obligations laid down in the Convention on the elimination of pay discrimination on grounds of gender as well as those established in the field of "working time" and "working time distribution" in the Law for the Effective Equality of Women and Men.

4. In the event of disagreement and after the end of the period of consultation, the parties shall forward to the Joint Committee of the Convention concerned the documentation provided together with the Act set out in Annex VIII accompanied by the arguments which, respectively, they were able to perform.

The Commission, after examining the documents provided, must decide whether or not the applicant company is involved in the causes of the application of the previous Article.

If deemed necessary by the Joint Commission, it shall seek the additional documentation it deems appropriate as well as the relevant technical advice.

When the affected agreement is either provincial or affects a single-provincial autonomous community it will be competent to hear the application for the application of the Provincial Joint Commission.

Where the conventions concerned correspond to two or more provinces or to an autonomous community, the competition shall be held by the Joint Committee of the State Convention, or in its own case, which shall be referred to it, together with the of Annex VIII, all the documentation provided by the undertaking accompanied by any allegations which may have been made.

This Commission will be equally competent for the case that the conventions concerned are supra-autonomous.

Since the non-application of working conditions is a matter reserved for the State, the State Joint Commission, when it considers it necessary and after hearing the parties, may intervene in the processing and/or final resolution which may be adopted on the applications submitted to the Provincial Commissions or, where appropriate, at the higher level.

Both the Joint Commission of the Provincial Convention, or in its autonomous case, as the State will have a maximum of 7 days to resolve the applied inapplication, the agreements must be adopted unanimously.

Where appropriate, the Commission will have to determine exactly the matters affected by the implementation and determine and specify both its terms and the timetable for the progressive convergence towards the return of the conditions. suspended. To this end, it must take into account the maximum period of inapplication established and the impossibility of failing to comply with the obligations referred to above and relating to the discrimination which may be paid and which could affect the working time, hours and distribution of working time and related to the Law for Equality.

5. Where the competent Joint Committee does not reach an agreement and is in compliance with the terms of reference received by the parties contained in Annex VIII to this Convention, the discrepancies shall be subject to binding arbitration in which case the Arbitration award shall have the same effectiveness as the agreements in the period of consultations and shall only be used in accordance with the procedure and where appropriate for the reasons set out in Article 91 of the Treaty.

As set out in Annex VIII to this Convention and for the purposes of submission to arbitration, it shall be the competent Joint Committee itself which within five days of the end of the deadline for the termination of the transmit the actions and documentation to the relevant Interconfederal Mediation and Arbitration Service (SIMA) or other body equivalent to that which has acceded to the relevant scope.

If the competent Joint Commission was the province, the actions will be transmitted to the SIMA of the province concerned.

When the competition has been attributed to the State Joint Commission, the actions will be referred to the State SIMA.

According to the foregoing, the arbitration will be submitted and will dictate with the intervention, formalities and procedures established in the current Agreement on the Extrachautional Solution of Conflicts and assumed by the current Sectoral Convention State in Article 117.

For the future and for the duration of this Chapter concerning the "Inapplication of Working Conditions", new and new agreements shall be established by means of Interprofessional Agreements which affect the present Convention. General and direct application procedures to address discrepancies, including binding arbitration, arising out of the negotiation of the agreements set out in Articles 41.6 and 82.3 of the E.T., the parties to this Convention State shall, where appropriate, adapt to the procedures laid down in the abovementioned Agreements. Interprofessionals.

TITLE I

Job Delivery Conditions

CHAPTER I

General Conditions of Income

Article 18. Income at work.

1. The admission of staff shall be carried out in accordance with the general provisions in force on placement, as well as the special provisions according to the type of work or circumstances of the worker.

2. Undertakings are obliged to communicate to the public employment services, within 10 days of their consultation, the content of the contracts of employment which they conclude or the extensions of the contracts, whether or not they are to be formalised by in the terms of Royal Decree 1424/2002 of 27 December on the content of work contracts and their basic copies of public employment services, and the use of telematic means in relation to the use of the information provided by the Commission. those.

3. The company must also send or send to the services the basic copy of the contracts of employment, previously submitted to the workers ' representation, if any. In any case, a full copy of the contract will be given to the contract worker.

4. It is prohibited to employ workers under 18 years of age for the execution of works in the works, without prejudice to the provisions of Article 25.4 relating to the contract for training.

5. The accreditation of the professional category by the Professional Card of Construction does not oblige the company to hire the worker with that category.

Article 19. Aptitude tests.

1. Undertakings, in advance of entry, may make selection tests, practices and psychotechniques, which they consider necessary to check whether their degree of aptitude and their preparation are appropriate to the professional category and to the the job they are going to do.

2. The worker, irrespective of his or her professional status and prior to his admission to the undertaking, shall be subject to a health check, as set out in the following Article.

3. Once deemed fit, the contract worker must provide the necessary documentation for the formalisation of the work contract.

Article 20. Health surveillance and control.

1. The parties agree on a number of provisions on health surveillance and control, which are contained in the following paragraphs, without prejudice to how many obligations and criteria are laid down, in respect of health surveillance, Article 22 of Law 31/1995 of 8 November, on the Prevention of Occupational Risks.

2. The undertaking shall ensure that the workers at their service are monitored for their health in the light of the risks inherent in the workplace, both at the time of admission and on a regular basis.

3. Post-admission periodic examinations shall be free of acceptance for the worker, but, at the request of the undertaking, he must sign the non-acceptance if he does not wish to receive such recognition. However, subject to a report on the representation of workers, the undertaking may lay down the compulsory nature of the recognition in cases where it is essential for the assessment of the effects of working conditions on health. workers or to check whether the health of the worker may constitute a danger to the worker, to the other workers or to other persons related to the undertaking. In particular, health surveillance shall be compulsory in all construction work where there are risks from exposure to asbestos, in accordance with the terms of Royal Decree 396/2006 of 31 March 2006 laying down the Minimum safety and health requirements for work at risk of exposure to asbestos.

4. In no case shall the costs of these medical examinations be carried out by the worker and in the newspapers, in addition, the travel expenses incurred by them shall be borne by the respective company, who may arrange such expenses. recognition with entities that have health personnel with technical competence, training and accredited capacity.

Article 21. Test period.

1. Except as provided for in the lower areas, a test period may be written in writing, which in no case may exceed:

a) Technical graduates above and in the media: six months.

b) Employees:

• Levels III, except middle graduates, IV and V: three months.

• Levels VI to X: two months.

• Rest of staff: 15 calendar days.

c) Operary Staff:

• Loaded and Capataces: one month.

• Rest of staff: 15 calendar days.

2. During the probationary period, the worker shall have the rights and obligations corresponding to his or her professional category and job which he or she carries out as a template, except those arising from the termination of the employment relationship. may be produced at the request of any of the parties during its course without prior notice and without any party being entitled to any compensation, the withdrawal in writing shall be communicated.

3. After the trial period without the withdrawal of the contract, the contract will have full effects, with the time of the services provided for the purpose of staying in the company.

4. Holders of the Professional Construction Card issued by the Construction Work Foundation under contract of work or other temporary contract, shall be exempt from the probationary period for the work of their category professional, provided that it is stated in your Professional Card that you have accredited your compliance in any previous company.

CHAPTER II

Hiring

Article 22. Recruitment.

Entry into work-which may be carried out in accordance with any of the contracting modalities regulated in the E.T., supplementary provisions and this General Convention-shall be for a particular job. This is determined by the tasks or functions performed by the worker, the professional category that corresponds to the current classification and the work center where the activity is performed, so that any modification in any of the above factors constitutes a change of job.

Article 23. Fixed template contract.

1. The fixed contract of staff is the one who has an employer and a worker for the work supply of the company in the company for an indefinite period. This will be the normal mode of recruitment to be carried out by employers and workers in all permanent job centres.

2. In order to encourage indefinite recruitment, this contractual modality may be used in the cases provided for in the legislation in force.

Article 24. Fixed contract of work.

1. The Additional Provision First, paragraph 2 of Law 35/2010, of 17 September, of Urgent Measures for the Reform of the Labour Market and the Third Additional Provision of Law 32/2006, of 18 October, Regulatory of the Law of the Subcontracting in the Construction Sector, they grant to collective bargaining at state level the power to adapt to the construction sector the contract of work or service determined in general in article 15 of the E.T.

According to this, the indicated adaptation is performed by the present contract which, in addition to the remaining characters it contains, specifically regulates article 15.1.a) and 5 and article 49.c) of the E.T. for the sector construction.

2. This contract is intended as a general contract for a single work, irrespective of its duration, and shall end when the work of the trade and category of the worker in that work is completed. Its formalisation will always be done in writing.

Therefore, irrespective of the duration of the procedure, the provisions of the first paragraph of Article 15 shall not apply. 1 a) of the E.T., continuing to maintain the workers the condition of "fixed works", both in these cases and in the assumptions of business succession of the 44 of the E.T. or of the subrogation regulated in article 27 of the present General Convention.

3. However, in the absence of a single contract, the permanent staff, without losing the status of a fixed contract, will be able to provide services to the same undertaking in different centres of work in the same province provided there is agreement expressed for each of the various successive centres, for a maximum period of three consecutive years, unless the work of his craft in the last work is extended beyond that term, by subscribing to that effect the corresponding a document in accordance with the model set out in Annex II and the compensatory concepts correspond to their displacements.

In this case, irrespective of the total duration of the benefit, the first subparagraph of Article 15 (1) (a) of the Treaty and Article 15 (5) of the Treaty shall not apply, while continuing to maintain the workers, as indicated, the condition of "work fixed".

4. Taking into account the special configuration of the construction sector and its needs, especially with regard to flexibility in the employment and employment stability of the sector improving safety and health at work as well as the (a) the formation of workers, and in accordance with the provisions of paragraph 2 of the Additional Provision of the Law on Urgent Measures for the Reform of the Labour Market, no succession of contracts will be produced for the concertation of fixed contracts of work for different jobs in the sector, taking into account the definition of job Article 22 of the present Convention does not apply to the provisions of paragraph 5 of Article 15 of the Treaty

5. Therefore, the hiring, with or without a continuity solution, for different job positions by means of two or more fixed contracts of work with the same company or group of companies in the period and during the period established in article 15.5 of the E.T. shall not conduct the acquisition of the condition set out in that precept.

To this end we are faced with different jobs when there is a change in some of the factors identified in Article 22 of this Convention.

The indicated acquisition of condition shall also not operate in the event of the business succession established in Article 44 of the E.T. or the subrogation referred to in Article 27 of this Convention.

6. The workers ' cessation must take place when the gradual implementation of the corresponding units of work makes the number of the contract staff unnecessary, and the latter must be reduced in line with the actual reduction in the number of workers. volume of work performed. This eesc must be communicated in writing to the worker at a time of 15 calendar days. However, the employer may replace this notice with an allowance equivalent to the amount corresponding to the days of notice omitted calculated on the salary concepts of the tables of the applicable Convention, all without prejudice of the written notification of the eesc. The compensation shall be included in the salary receipt with the settlement of the termination.

7. If the temporary cessation of a work is caused by unforeseeable cause for the employer and beyond his or her will, after the undertaking has been given the task of representing the employees of the centre or, failing that, the Joint Commission Provincial, shall operate the termination of work and cessation provided for in the preceding paragraph, with the exception of the notice. The representation of the employees of the centre or, failing that, the Provincial Joint Committee, shall, where appropriate, have a maximum period of one week for its determination to be counted from the notification.

The employer also contracts the obligation to offer a new job to the worker when the causes of the work stoppage have disappeared. Such an obligation shall be deemed to be extinguished when the standstill becomes final. Upon agreement between the parties, the personnel affected by this termination of work shall be eligible for the provisions of paragraph 3 of this Article.

This assumption will not be applicable in the case of labor conflict cessation.

8. In all cases covered by the above paragraphs, and as provided for in the Additional Provision First, paragraph 2, of the Act on Urgent Measures for Labour Market Reform and Article 49.1 (c) of the Treaty, a 7 per cent cessation allowance calculated on the salary concepts of the applicable Convention tables accrued during the term of the contract.

Article 25. Other modes of procurement.

1. Workers who form fixed-term contracts, due to circumstances of production or interinity, shall be entitled, after the expiry of the relevant contract for the expiry of the agreed time, to receive compensation from the non-wage character by cessation of the 7 per 100 calculated on the salary concepts of the applicable convention tables accrued during the term of the contract.

2. The contract of a fixed duration provided for in Article 15 (1) (b) of the Treaty may also be concluded, the maximum duration of which shall be 12 months in a period of 18 months, the duration of which shall be calculated from the date of production of the contract. cause it justifies its celebration. In such cases, the cause justifying the conclusion of the contract shall be deemed to be the case where the volume of work is increased or the number of persons carrying out a given work is deemed necessary to increase or service.

3. Companies affected by this Convention and Temporary Work Enterprises may enter into making contracts available.

Pursuant to Article 8.b) Law 14/1994 of June 1, which regulates Temporary Work Enterprises and Article 17 (6) of Law 35/2010 of 17 September, of urgent measures for the reform of the labour market, undertakings affected by this Convention may not conclude contracts for the making available for occupations, jobs or tasks which are expressly laid down in Annex VII to this Convention, and for that reason the risks to safety and health at work associated with them. The following provisions shall apply to these contracts:

(a) Workers hired to be transferred to user undertakings shall be entitled during the periods of service provided to them for the application of the essential working and employment conditions which they are entitled to would be directly hired by the user company to occupy the same position.

(b) For these purposes, essential working and employment conditions are considered to be those relating to remuneration, the length of the day, overtime, rest periods, night work, holidays and holidays. public holidays.

(c) The remuneration shall comprise all economic, fixed or variable remuneration established for the job to be carried out in the collective agreement applicable to the user undertaking which is linked to that post work. It must include, in any case, the proportional share of the weekly rest, the overtime, the holidays and the holidays. It shall be the responsibility of the user undertaking to quantify the worker's final perceptions and, to that end, the user undertaking must enter the remuneration referred to in this paragraph in the contract for the making available of the worker.

(d) In addition, workers hired to be transferred shall be entitled to the same provisions as the workers of the user undertaking on the protection of pregnant and pregnant women. (a) to provide for the introduction of a Community law on the application of the same provisions adopted with a view to combating discrimination based on sex, racial or ethnic origin, religion or religion, and on the application of the same provisions adopted with a view to combating discrimination based on sex, racial or ethnic origin, beliefs, disability, age or sexual orientation.

(e) Where the contract has been concluded for a given time, the worker shall also be entitled to receive an economic allowance for the termination of the contract for making available equivalent to the proportional part of the contract. the amount which would result from the payment of compensation for a cessation of 7 per 100 calculated on all the salary concepts of the tables of the applicable convention accrued during the term of the contract. In this case the compensation may be prorated during the term of the contract.

(f) Workers who are transferred by temporary work enterprises must have the theoretical and practical training in the field of occupational hazard prevention necessary for the job to be carried out, taking into account their qualifications and professional experience and the risks to which he/she is likely to be exposed. Whenever this training is possible, it will correspond to that provided for in Book II of the present collective agreement. The temporary workers must be in possession of the Professional Construction Card, where appropriate.

(g) They shall also be entitled to the use of the transport, dining, nursery and other common services and collective facilities of the user undertaking for the duration of the contract of entry into provision under the same conditions as workers hired directly by the user undertaking.

(h) The user undertaking must inform the temporary agency workers about the existence of vacant jobs in order to guarantee them the same opportunities to access permanent posts as workers hired directly by the worker. This information may be provided by a public announcement at an appropriate place of the business or workplace, or through other means provided for in collective bargaining, to ensure the transmission of the information.

4. The contract for the training is regulated, in addition to the Royal Decree-Law 10/2011, of 26 August, of urgent measures for the promotion of the employment of the young people, the promotion of the stability in the employment and the maintenance of the program of Professional qualification of persons who have exhausted their protection by unemployment, by the following provisions:

a) The sector recognizes the importance that the contract for training may have for the incorporation, with adequate preparation, of certain groups of young people. This preparation should reflect both the practical aspect of each trade and the knowledge and adequacy of the general education system. In this respect, the signatory parties express their interest in the fact that the training, theoretical and practical arrangements for the training contracts are carried out through the training institutions which the sector has been endowed with.

(b) The contract for training and apprenticeship shall aim at the vocational qualification of workers in a scheme of alternance of gainful employment in a company with training activity received in the the framework of the vocational training system for employment or the education system, the proper performance of a job or a skilled job in the construction sector.

(c) The contract for training may be concluded with workers aged 16 and over and under 25 years of age who do not have the required qualifications to formalise a contract in practice in the trade or post training.

(d) In training contracts to be concluded with unemployed persons who are employed as workers in the public employment-training programmes, such as those of workshop schools, trades houses, employment workshops or (a) the maximum age limit shall be that laid down in the provisions governing the content of those programmes. The contract may also be concluded for the training without application of the age limit set above, where persons with disabilities are concerned.

e) They may not be hired under this modality for age, under eighteen years for the work of vigilante, pozero and burgator, nor for those tasks or jobs that have been expressly declared as especially toxic, painful, dangerous and unhealthy.

(f) The minimum duration of the contract shall be one year and the maximum of two, but may be extended for a further 12 months for the contracts referred to in paragraphs (c) and (e) above, or where this is necessary for the attention of the the needs of the training process of the worker in terms of the rules in force, or in the light of the organisational or productive needs of the undertakings in accordance with the provisions of this Convention; or held with workers who have not obtained the degree of graduate in compulsory secondary education.

Training in contracts for training and learning to be held with workers who have not obtained the degree of graduate in compulsory secondary education shall permit the attainment of such a degree.

When held for a period of less than the maximum period laid down in the preceding paragraph, it may be extended before termination by agreement between the parties, one or more times, for periods not less than six months, without accumulated, including that of the carry-overs, may exceed that maximum period. Where the duration is longer than one year, the party making the complaint is obliged to notify the other of its termination at least 15 days in advance.

Expired the maximum duration of the contract for the training, the worker will not be able to be hired under this modality by the same or different company. Contracts for training and apprenticeships may not be concluded where the job corresponding to the contract has been previously performed by the worker in the same undertaking for a period of more than 12 months. For these purposes, the undertaking may obtain from the public employment service certification, stating the length of time the worker has been engaged in training prior to the procurement to be carried out.

g) For the imparting of the theoretical teaching, it shall be adopted as the mode of accumulation of hours on one day of the week or the necessary one to complete an entire week of formation. In the contract, the teaching schedule must be specified. In any case, the theoretical training of the contracts for training, as well as the certification of the training received, will be in line with the provisions of Royal Decree 395/2007 of 23 March, which regulates the Subsystem of training professional for employment. The worker must receive the training inherent in the contract for training and learning directly in a training centre of the network referred to in the Fifth Additional Provision of the Organic Law of 19 June 2002. Qualifications and Vocational Training, previously recognised by the national system of employment.

h) The employment activity of the worker in the undertaking must be related to the training activities, which must start within the maximum period of four months from the date of the conclusion of the contract. In addition, the type of work to be provided by the training worker will be directly related to the tasks of the occupational level, trade or job object of the contract. These tasks include the cleaning and maintenance of utensils and tools used in the joint work with the diligence corresponding to their professional competence and knowledge.

The employer, in the employment contract, is obliged to designate the person who will act as the guardian of the training worker, who must be the person who, by his or her office or qualified position, develops his or her assisted activity. and have the appropriate qualification or professional experience. The employer himself may assume this task, provided that he develops his professional activity in the same work as the trainee.

i) The remuneration of the trainees for the training shall be in accordance with the following percentages, applicable to the level IX salary of the tables of each Convention and referred to a working day of 100 per 100 effective work.

(c) and (e) collectives of this article:

1.^er year: 60 per 100.

2. year: 70 per 100.

3.^er year: 85 per 100.

Collective of points (d) of this article:

1.^er year: 95 per 100.

2. year: 100 per 100.

Those provincial conventions which, at the entry into force of this Convention, have a salary salary exceeding the percentages of the first paragraph of this point, shall maintain it as a more beneficial condition until they are reached by the latter, thereby freezing such wages until their equalisation.

(j) Training contractors shall also be entitled to the extranalarial plusses which, where appropriate, are laid down in each collective agreement at a lower level, in the same amount as that for the rest of the workers.

(k) In general, the suspension of the contract by virtue of the causes provided for in Articles 45 and 46 of the Treaty shall not entail the extension of its duration, unless otherwise agreed. However, the temporary incapacity of the contract for the training of less than six months shall mean the extension of the duration of the contract for the same period of time to which the contract has been suspended for that reason. Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will interrupt the calculation of the duration of the contract.

(l) If the contract is concluded, the contract for the training will not continue in the company, the company will give him a certificate of the time worked with reference to the trade object of the training and the use that, his judgment, he has obtained in his practical training.

The Construction Work Foundation through its own centers or collaborators, will give the qualification through the corresponding tests, previously approved, both of the theoretical and practical use and will decide your pass to the category of officer.

m) In addition, the contract worker shall be entitled to an allowance for a cessation of 4,5 per 100 calculated on the salary concepts of the tables of the agreement accrued during the term of the contract, calculated in accordance with the criteria set out in point (i) of this Article.

Article 26. Subcontracting.

1. Undertakings which subcontract with others in the sector the execution of works or services shall be responsible for the terms laid down in Article 42 of the Treaty and in Law 32/2006 of 18 October 2006 on subcontracting in the field of construction.

2. Responsibility shall also be extended to compensation of a non-wage-death nature, a great invalidity, an absolute or total permanent incapacity resulting from an accident at work or occupational disease agreed in Article 67 of the present Convention, the scope of this liability is limited exclusively with respect to the workers of the subcontracted companies required by this General Convention.

Article 27. Subrogation of personnel in road or rail maintenance contracts.

1. In order to contribute to ensuring the principle of stability in the employment of employees employed by undertakings and public law entities which take place by means of any form of contract, in whole or in part, in any contract for the conservation and/or maintenance of motorways, motorways, roads or railways referred to in Article 3 (b) and Annex I (b) to this Collective Convention, which is exclusive of such activities, the obligation to subrogate the personnel between the outgoing and incoming companies, which will be carried out in accordance with the requirements and conditions set out in this Article.

The term "contracts" means, in general, any form of public procurement, referred to in the activities described above, which is to be carried out, in part or in total, by a a particular undertaking, company, public body or other entity, whatever the legal form they take.

2. In all cases of termination, loss, termination or assignment of a contract, as well as any other figure or modality involving substitution between entities, natural or legal persons carrying out the activity of the employees of the outgoing company attached to that contract will be assigned to the new company or entity that will carry out the activity object of the contract, respecting the rights and obligations that they enjoy in the company replaced.

Given the nature of the improvement of the existing legislation that implies the subrogation provided for in this article, it is expressly established that such rights and obligations will be limited exclusively to those generated by the last the contract concluded by the employee with the outgoing company of the contract, without the incoming undertaking being bound by any contract or agreement prior to that contract, in particular for years of service, severance payments and any other concepts that take into consideration the time of service delivery, to Unless the worker has already been recognised as having such a right by a court judgment prior to the subrogation, he or she would have been notified to the incoming undertaking within the time limit and form covered by this Article.

3. It shall be necessary for such subrogation to be carried out by the workers in the contract which changes the holder, at least four months before the date of effective completion of the contract, whatever the method of its application. employment contract, irrespective of the fact that, prior to the said four-month period, they had worked in another contract. Staff or workers who do not meet these requirements and conditions shall not be entitled to be subrogated.

This will also occur in any of the following scenarios:

(a) Workers, entitled to a job reserve, who at the time of the effective termination of the contract are at least four months old in the contract and are in a situation of suspension of their employment employment contract for any of the causes set out in Article 45 of the E.T.

(b) Interinity contract workers who replace one of the workers referred to in the previous paragraph, irrespective of their seniority and the duration of their contract.

(c) New income workers who, as a result of the customer's demand, have been recruited as a result of an extension that lasts for the next contract, even if they do not take the four months of seniority.

(d) Workers who replace others who retire, in part or in total, within the last four months prior to the effective termination of the contract.

4. In order to ensure transparency in the tendering process, the undertaking or entity in which the contract is terminated or terminated, at the time of the initiation of the procedure, shall be required to make available to the tendering the list of all staff covered by the possible subrogation, in which name, national identity document, name, number of social security affiliation, seniority, day and time, recruitment mode, date of employment, Enjoyment of holidays and remuneration which, by any concept, came to be perceived, specifying the same and their amounts.

5. It will also be a prerequisite for this subrogation to operate which the undertaking to which the contract is terminated or terminated, notifies in writing the obligation of subrogation to the new contracting undertaking or entity which it takes on the term 'unextendable' of 15 calendar days prior to the effective date of termination of the contract, or 15 days from the date of the cessation of the termination, providing the following documents at the same time:

(a) Certificate of the competent body to be in charge of the payment of social security and premiums for accidents at work of all workers whose subrogation is intended or appropriate.

b) Photocopy of the last four payrolls or monthly salary receipts of workers affected by the subrogation.

(c) Photocopy of TC1 and TC2 social security contributions of the last four months, in which the workers concerned appear.

d) Photocopy of the high part of the social security of the affected workers.

e) The relationship of all personnel covered by the subrogation, in which the name and surname are specified, national identity document, number of social security affiliation, seniority, day and time, modality of hiring, holiday enjoyment date and remuneration which, by any concepts, came to be perceived, specifying the same and their amounts.

f) Photocopy of the employment contracts that the affected workers have subscribed to.

g) All documentation relating to the prevention of occupational risks.

h) Where appropriate, supporting documentation of the situations referred to in paragraph 3 (a), (b), (c) and (d) of this Article.

It will also be necessary for the outgoing company to document the incoming, before the subrogation occurs, by means of a document copy completed by each worker concerned, which he has received from the company (i) the discharge of the proportion of the remuneration to be paid to the subrogation; no amount shall be pending. For this purpose, workers who have not enjoyed their statutory holidays when the subrogation takes place shall enjoy them with the new service award, which shall pay only the proportional part of the period in which they are paid. corresponds, since the payment of the other period corresponds to the previous successful tenderer, which must be made in the corresponding liquidation.

6. In the event that one or more contracts whose activity is carried out by one or more undertakings or entities are fragmented or divided into different parts, zones or services to the object of their subsequent award, they shall become attached to the new holder, those workers who meet the requirements of paragraph 3 of this Article referred to above, and in respect of which the undertaking or the outgoing undertakings would have complied with the obligations laid down in paragraph 5 thereof.

7. Where different contracts, services, zones or divisions of those are grouped into one or more, the subrogation of personnel shall operate in respect of all those workers who comply with the requirements laid down in paragraph 3 of this Article. the article referred to in any of the above contracts, and in respect of which the undertaking or the outgoing undertaking has complied with the obligations laid down in paragraph 5 of the contract.

8. The application of this Article shall be binding on the parties to which it binds, undertaking or entity, new contracting authority and worker, and therefore, in compliance with the requirements laid down in paragraphs 3, 4 and 5 of this Article, operate in all cases of replacement of contracts, parts or areas thereof resulting from the fragmentation or division of contracts, as well as in the groupings which may be effected, even in the case of normal replacements that occur between undertakings or entities carrying out the corresponding activity. All this irrespective of the assumptions of the succession of undertakings in which the provisions of Article 44 of the Treaty are to be made.

9. The binding nature of the subrogation provided for in this Article does not disappear in the event that the public body which awards the contract suspends the activity subject to it for a period not exceeding 12 months.

CHAPTER III

Professional classification

Article 28. Professional classification.

1. On the basis of the provisions of Article 22 of the Treaty, the signatory parties shall seek the integration as a content of the General Convention of the Construction Sector corresponding to a new model of professional classification to provide the sector with a new one that responds to the current needs of the job in the sector.

2. The classification will be performed in functional divisions and professional groups defining the position of the worker in the organizational system of the company distinguishing between technicians, employees and operators. In addition, the professional groups will take into account the knowledge, initiative, autonomy, responsibility, command and complexity as determining factors of the worker's activity.

3. The agreement, once approved by the Negotiating Commission, will be integrated as an organically constitutive chapter of the General Convention.

CHAPTER IV

Planning and delivering the job

Article 29. Sorting of the job.

1. The organisation of work is the right of the employer or person to whom the work is delegated, and should be exercised subject to the provisions of this Convention and other applicable rules.

2. The worker is obliged to comply with the orders and instructions of the employer in the regular exercise of his/her powers, and must carry out any work, operations or activities within the general task of his/her professional competence. These include the complementary tasks that are essential to the performance of the main task, or the care and cleaning of the machines, tools and jobs that are in charge during the working day, as well as comply with all instructions concerning the prevention of occupational risks.

Article 30. Provision of specific work and obligations.

1. The provision of work shall be determined by what is agreed in the contract. The class and extent of the benefit shall be those that mark the Laws, the present General Agreement of the Sector, the lower-level agreements, the individual contract, the orders and instructions of the employer in the regular exercise of his or her faculties. directives and, in their absence, uses and customs.

2. Normally only current work will be provided. However, temporarily and for the urgent need to prevent problems or to remedy accidents or damage suffered, the worker must provide more work or other than the agreed one, with an obligation on the part of the employer to indemnify him or her with the rules applicable in this respect.

3. The employer shall be required to take account of the human dignity of the worker and to take into account the actual capacity of the disabled workers, who, where appropriate, provide him with his services, by adopting and implementing control measures and monitoring of the performance of the work capability.

4. The worker must immediately inform his or her direct heads of the obstacles to the performance of his or her work as well as any faults or defects in the tools, machines, tools or installations related to his or her work. In turn, it will have to maintain in a proper state of operation and use where it is dependent.

5. The use of machines, tools, appliances, installations or work premises, as well as the use of machines, tools, appliances, installations or work premises, shall be prohibited outside the work centres or on their working time. machines, tools or equipment in the works entrusted to it.

6. For the proper effectiveness of the policy on the prevention of occupational risks, workers are obliged to use the means of protection provided to them by the employer in compliance with the relevant regulatory regulations, as well as to comply with the to the instructions received, to the legal provisions and to the provisions of Book II of this Convention.

Article 31. Work "on time".

Except rule, provision or agreement to the contrary, the provision of work is presumed to be in the form of "on time", in which the remuneration is fixed on the basis of the duration of the work and the normal performance in the relevant category and specialty, referred to in Article 40 of this Convention, and the counterpart of which is the salary tables of the provincial collective agreements or, where appropriate, of the autonomous community, of the sector.

Article 32. Scientific or "measured work" systems.

1. In these systems, which are characterized by an attempt to carry out, through a more or less complex series of operations, a technical measurement of performance, and are intended to achieve that this is superior to the normal that is obtained, The performance of the work performance shall be the performance of the work.

2. In its implementation, the necessary period of adaptation must be granted and the salary that had previously been achieved will be respected, and can lead to the mobility and redistribution of the personnel required by the new organization of work.

3. If, during the period of adaptation, the worker reaches higher than normal returns, he or she shall be entitled to the difference between the normal and the superior performance which he has achieved, where appropriate, where appropriate, where the system is definitely implemented, according to the rates it contains.

4. These systems will require the establishment of a clear and simple formula for the calculation of the corresponding remuneration.

5. Prior to their collective implementation or review, the report referred to in Article 64.1.4.d (e) and (e) of the E.T. shall be requested from the legal representatives of the workers, who shall issue them within 15 days, subject to such implementation or revision

provided for in Article 41 of the E.T.

Article 33. Work by task, by unit of work or by unit of work, with premiums to production or with incentive.

1. These systems are characterized by direct relation to the remuneration with the production of the work, independently, in principle, of the time spent in its realization and to have as objective the achievement of a superior performance to the normal.

2. The work to be done consists in the realization, by day, of a certain amount of work or work.

If the worker finishes the task before the end of the day, the company will be able to offer, and whether to accept or not, to continue to provide its services until the end of the day, or to leave the job, giving completed the same.

In the first case, the company will have to pay the time it mediates between the completion of the task and the conclusion of the daily working day, as if it were overtime, but without the effect of the limit fixed for the same in Article 35.2 of the E.T. and without a higher than normal performance being required during that period.

3. In the case of a piece of work or a unit of work, and for the purpose of its remuneration, only the quantity and quality of the work or work carried out shall be paid for, paying for parts, measures, pieces, sets or units determined, regardless of the time invested in its implementation, although a period of time may be stipulated for its completion, in which case it must be completed within it, but without it being required, in this case, for a higher than normal performance.

4. In the course of the work to be carried out, premiums may be established for productivity or incentives, so that the highest returns to be achieved at work correspond to income which, compared to normal, is paid to the less, the same proportion as that of those returns in relation to the normal ones.

5. If, in any of the systems provided for in this Article, the worker does not achieve the performance envisaged by reason not attributable to the undertaking or the worker, the worker shall at least be entitled to the salary fixed for his professional category in the collective agreement applicable plus 25 per 100.

6. Prior to their implementation or collective review of these systems, as soon as they assume subsucible cases in the cases referred to in Article 64.1.4.d (e) or (e) of the E.T., the legal representatives of the employees shall be requested, where appropriate, to the report to which it refers, and which shall be issued within the period of 15 days without any extension being subject to such implementation or revision as provided for in Article 41 of the Treaty.

Article 34. Professional discretion.

As a manifestation of the general duties of collaboration and good faith that govern the provision of work, the worker is obliged to maintain the secrets relating to the exploitation and business of the company.

Article 35. Duties of the employer.

In relation to the provision of work, the employer is obliged to provide the workers with the necessary means to ensure the proper performance of their duties, as well as the necessary means of protection for the purposes of their work. security and health at work, as set out in the Book II of this Convention, and ensure the effective use thereof, and in general to respect the labour rights of workers established in Article 4 of the Treaty.

Article 36. Workers ' complaints.

Without prejudice to the right of workers to come and bring their complaints to the competent administrative or judicial authority, they may submit them to the undertaking in which they serve, through their legal representatives or their immediate heads.

Companies will try to resolve these complaints as soon as possible, in order to avoid or reduce their formal approach in these instances.

CHAPTER V

Productivity and performance tables

Article 37. Productivity as well legally protected.

Productivity is a constitutionally protected asset whose improvement constitutes a basic duty of the workers, and the legal representatives of these workers must collaborate with the management of the company in order to obtain their increase.

Article 38. Performance on "measured job" systems.

When systems of scientific organization of work or "measured work" are used, the rules for the implementation or application of these systems must establish the normal or enforceable performance to be achieved as well as the remuneration rates applicable on the basis of the highest returns which, where appropriate, are achieved, prepared in such a way that the calculation of the corresponding remuneration is clear and simple.

Article 39. Performance in the work systems with premium or incentive.

In the case of application of these collective labour systems, and as in the case of the previous article, the rules for implementation or application must include the normal or enforceable performance and the remuneration rates. corresponding, prepared in such a way as to ensure that the respective revenue is at least the same as the corresponding returns.

Article 40. Performance on the work system "on time".

1. As provided for in Article 31 of this Convention, this system is presumed to govern the provision of work, unless otherwise provided or otherwise agreed.

2. In this system the remuneration shall be that which corresponds in accordance with the salary table of the provincial collective agreement, or, where appropriate, of the applicable autonomous community, and shall be determined for the duration of the benefit of the work, provided that the worker reaches, in that time, the normal performance required by the worker.

Article 41. Setting performance tables.

1. In the work system on time, and in relation to those activities, trades or specialties and categories incurred in the field of application of this Convention, whose yields are more easily provided to be measured with objective criteria or materials, tables of normal yields shall be established which, after the appropriate agreements of the Sectoral Productivity Commission which is created therein, shall be incorporated, as an Annex, into this Convention.

2. After the publication of this Convention, it may be agreed at the provincial level, or, where appropriate, of autonomous community, the establishment of new tables of normal yields, or the extension of existing ones with new units, or their revision, of agreement with the Productivity Sectoral Commission, which will dictate the appropriate homogenization rules and approve, where appropriate, the differential treatment that is justified, all in the event that the corresponding units do not come listed in the appropriate Annex to this Convention.

3. In relation to normal yields, the Sectoral Productivity Commission may authorise the adaptations to be proposed at the provincial level, or, where appropriate, of an autonomous community, and which they understand are justified.

Article 42. Income and remuneration tables.

1. Obtaining the normal returns to be established in the tables applicable in each case shall be a necessary requirement to be entitled to the payment of the salaries stipulated in the salary tables of the provincial collective agreement or, in their case, of a corresponding autonomous community, except as provided in the following paragraph.

2. It shall be considered a voluntary reduction in performance not to achieve the yields fixed in the table of normal yields applicable, where appropriate, except for justified reasons which, if given, shall entail the right to full collection of the salary stipulated for the corresponding normal performance.

Article 43. Review of performance tables.

The yields stipulated in the tables can only be reviewed when agreed by the Productivity Sectoral Commission.

Article 44. Conditions of application.

The income tables themselves will lay down their conditions of application as well as the form and, where appropriate, the period of entry into force, and must, as a general rule, collect the calculation of the measurement weekly and referred to. to each working day.

Article 45. Verification of compliance.

The company may at any time verify compliance with the performance of the table, where applicable, and the following rules should be followed:

a) The worker who is to be measured will be notified in advance.

(b) The results of the measurement of each day shall be recorded in part of the work drawn up for the purpose, which shall be signed daily by the worker and the employer or person representing him, and, in the event of a refusal of one of them, by two witnesses, being held by both parties to copy the document.

(c) The minimum measurement period shall be one week of work, with the average value achieved in the period being used.

CHAPTER VI

Promotion at Work

Article 46. Promotions, procedure.

1. The promotion of workers to tasks or jobs involving command or special confidence shall be of free designation and revocation by the undertaking.

2. In order to promote, where appropriate, a higher professional category, systems of a target character shall be established by the undertaking, taking into account the training, merits and permanence of the worker in the undertaking, and may be taken as a reference, others, the following circumstances:

a) Appropriate entitlement.

b) Knowledge of the job position.

c) Professional history.

d) Haber played role of superior professional category.

e) Successfully overcome the tests that are proposed, which must be appropriate to the job to be performed.

CHAPTER VII

Economic Perceptions: Concepts and Structure

Article 47. Economic perceptions.

1. From the set of economic perceptions, in money or in kind, which the worker obtains in the employment relationship for an employed person, some perceive them as remuneration or direct consideration for the provision of their work and are the ones that constitute the salary, others receive them as compensation of expenses, as benefits and their allowances and allowances or for modifications in their working relationship, not forming any of them part of the salary for being character perceptions extranalarial.

2. Wage economic perceptions:

(a) Base salary is that part of the remuneration that is fixed solely on the basis of the unit of time with the normal and enforceable performance, in the terms of Article 40.2 of this Convention.

(b) Wage supplements or amounts which, where appropriate, are to be added to the basic salary, taking into account the following circumstances other than the unit of time:

-Personal, such as consolidated age, if any, and the disability supplement.

-Of work, such as those derived from night work or exceptionally toxic, painful or dangerous.

-Quality or quantity of work, such as premiums, incentives, weaning, activity or assistance, or overtime.

-The amounts that companies pay their workers freely and voluntarily.

-Extraordinary pay and holiday pay.

3. Non-wage economic perceptions:

(a) Social security benefits and allowances and their allowances.

(b) Compensation or compensation for expenditure incurred by the worker as a result of his or her work, such as tools and work clothes, as well as the amounts paid in respect of allowances, travel expenses or locomotion, extranalarial plusses, and any differences in rental or housing costs that the worker receives.

(c) Severance payments, geographical mobility, suspensions, extinctions, contract or dismissal decisions, and occupational accident and illness.

4. Those wage supplements which have a functional or circumstantial character, such as those of a job, the quality or quantity of work carried out, and the amounts which the undertakings paid freely and voluntarily, shall be deemed not to be (b) the worker's salary can be consolidated and not taken into account as a basis for the perceptions listed in paragraph 2 of this Article.

Article 48. Structure of economic perceptions in the provincial or, where appropriate, autonomic and lower-level conventions.

1. In order to rationalise and homogenise the structure of the economic perceptions of the various agreements in the construction sector, the signatory parties to the present Convention consider it necessary to fix the concepts in general. salary and extrasalarial that may be part of the economic perceptions table.

a) The concepts are as follows:

• Base salary.

• Extraordinary graphics.

• Wage Pluses.

• Extrasalarial Pluses.

b) In the concept extraordinary rewards are understood to include the remuneration of holidays.

(c) Wage plusses are considered to include all allowances that are agreed upon in each agreement that constitute direct consideration of the work and not compensation of expenses incurred for attending or carrying out the work.

(d) Extrasalarial plusses are considered to be included as many concepts are agreed in the agreements of an indemnification nature of expenses incurred to the worker for the provision of his work, such as distance, transport, travel, tools and workwear.

2. Within the aforementioned spirit of homogenization and rationalization, it is agreed to establish the proportions that some of the concepts must keep in relation to the total annual agreed in the tables of economic perceptions of each collective agreement less than this in the following proportions.

(a) The concepts of base salary and extraordinary rewards as defined in the previous article, together, shall be between 65 and 100 and 75 per 100 of the total annual of the tables of the convention for each category or level. Those conventions in which the proportion of these two concepts remains higher than 75 per 100 of the annual total shall maintain it.

(b) Extrasalarial plusses, together, shall be between 5 and 100 and 7 per 100 of the total annual of the tables of the convention, for each category or level of remuneration.

(c) Wage plusses, together, shall occupy the remaining percentage that results from applying the above two criteria on the annual total of the convention tables for each category or level of remuneration.

3. In addition to the concepts outlined above, the remaining perceptions referred to in the previous article may exist in the receipt of workers ' salaries.

Article 49. Accrual of economic perceptions.

1. The base salary shall be earned during all calendar days for the amounts that, for each category and level, establish the lower-scope collective agreements.

2. The salary arrangements for the agreement shall be paid during the days actually worked by the amounts which, for each category and level, set the collective agreements at a lower level.

3. The extranalarial plusses of agreement shall be established during the days of the assistance to the work for the amounts to be fixed by the collective agreements of lower scope.

4. Extraordinary pagas shall be payable for calendar days in the following form:

a) June Paga: January 1 to June 30.

b) Christmas Paga: 1 July to 31 December.

5. In the various collective agreements falling under this heading, the annual gross remuneration, the daily wage, monthly or both, and the price of the ordinary time, in accordance with the rules, may be laid down for each professional category and level. established in this Convention.

Article 50. Annual gross remuneration and annual gross minimum remuneration.

1. The annual gross remuneration referred to in the previous Article shall comprise all economic perceptions agreed in each convention, by level and professional category.

According to accrual forms, the annual gross remuneration will be given by the following formula:

R. A. = SB x 335 + [(PS + PE) x (Number of effective days of work)] + Holiday + PJ + PN

Being:

R. A. = Annual Remuneration.

S. B. = Base Salary.

P.S. = Salary Pluses.

P. E. = Extrasalarial Pluses.

P. J. = Paga of June.

P. N. = Christmas Paga.

2. A gross annual gross remuneration for the construction sector is set at 1 January 2012 for full-time workers, with the full amount of remuneration to be paid to the construction sector.

The provincial conventions will have to adapt their salary tables to the following table of gross annual gross remuneration by professional levels:

Level XII

Level VII

15.296.01
Level XI	15.525.45
Level X	15.758.33
Level IX	15.994.70
Level VIII	16.234.61
16.478.12
Level VI	16.725.29
Level V	16,976,16
Level IV	17.230, 80
Level III	17.489.26
Level II	17.751.59

3. This table of annual gross gross remuneration agreed for the year 2012 shall be updated annually in accordance with the provisions of this Convention in relation to increases and the wage guarantee clause.

4. Taking into account the special circumstances in which the sector is going through and in some particularly depressed provinces, the provincial conventions which in their salary tables and by all the concepts and annual calculations are affected by the this minimum annual gross remuneration laid down in this Convention shall be adapted by the relevant agreements to be adopted in its field.

Article 51. Payment of economic perceptions.

1. All perceptions, except those of a maturity of more than one month, shall be paid on a monthly basis for periods expired and within the first five working days of the month following that of their accrual, although the worker shall be entitled to receive fortnightly advances the amount of which shall not exceed 90 per 100 of the amounts due.

2. The companies shall pay the time immediately following the end of the ordinary day, on the usual dates of payment. Where the payment is made within the working time for organisational needs, the payment shall be interrupted and extended after the working time for the time spent on the payment, without any such extension being in excess of more than an hour.

3. The time spent on the payment of remuneration and advances on account of the remuneration shall be exempt from the calculation of the working day, being considered as a mere stay in the work centre and, therefore, not paid for any effect.

4. Companies are entitled to pay the remuneration and advances on behalf of them by cheque, transfer or other payment method through a bank or financial institution. If the mode of payment is the check the time spent on its collection will be on behalf of the worker.

5. The worker must provide the company, at the time of its entry or incorporation, its Tax Identification Number (NIF), in accordance with the applicable regulations.

Article 52. Economic increases.

1. The provincial tables for the year 2011 and in force during the financial year shall be updated by 1 per 100 with effect from 1 January 2012.

2. The amount of the daily allowance and average allowance in accordance with Article 83.6 of this Convention shall be fixed within the framework of the respective provincial or, where appropriate, regional collective agreements.

Article 53. Wage guarantee clause.

Taking into account the special difficulties that the construction sector is going through and making social agents an important responsibility in this respect, a review will be carried out in 2012. The financial year shall be carried out in accordance with the actual CPI of the same year, when the latter exceeds 2 per 100 so that up to this percentage shall not apply the said review system.

The aforementioned economic review will also be done with effect from 1 January 2012 affecting the base salary, extraordinary rewards, pay for holidays and wage and extranalarial wages.

Article 54. Absorption and compensation.

1. Quantified economic perceptions to be established by the conventions of any field in the construction sector shall be of a minimum in their scope.

2. Upon the entry into force of a new applicable convention or legal provision, the undertakings concerned may absorb and compensate for the increases or improvements they contain, where the economic perceptions actually paid to the workers, whatever their origin, they are higher in their set and annual computation.

3. Absorption and compensation may be carried out only by comparing concepts of a salary nature or of an extrasalarial nature and an annual calculation.

Article 55. Consolidated seniority.

As a result of the National Sectoral Agreement on Construction on the economic concept of antiquity signed on 18 October 1996 (BOE of 21 November 1996), the following are assumed by both parties: commitments:

(a) The workers shall maintain and consolidate the amounts to which they were entitled, by the personal complement of seniority, on 21 November 1996.

The above amount thus determined shall be added, where appropriate, to each worker who has already come in receipt of some amount for this concept, the amount equivalent to the proportion of seniority which the worker has accrual and not charged on 21 November 1996, calculated by default or excess, for full years. For the calculation of the amounts of this accrued and uncollected part of age, the amounts for each category and level shall be taken into account for each lower-level agreement.

(b) The amounts obtained under the provisions of point (a) shall remain unchanged and for an indefinite period of time as an "ad personam" remuneration supplement, i.e. they shall not be modified in any way and by any means. cause, which is extinguished in conjunction with the termination of the contract of the worker concerned with his undertaking. This 'ad personam' remuneration supplement shall be reflected in the official salary receipts with the denomination of 'consolidated seniority'.

Article 56. Disability supplement.

1. Workers who, as recognised by the relevant official body, credit the degrees of disability listed below, shall receive as a personal supplement the amounts detailed:

Grades of disability from the	Gross amount per calendar month of the add-
13 per 100 and 22 per 100	17 euros
23 per 100 and 32 per 100	24
33 per 100 or higher	34 euros

2. The degree of disability will be unique and will therefore generate the right to a single supplement, thus not being able to accumulate to an existing higher grade that could be recognised later. If the degree of disability is reduced, the supplement to be received will be accommodated to the new recognized percentage.

3. In the event that the undertaking has already paid a supplement, aid or benefit which satisfies the compensation of situations similar to that laid down in this Article, the latter may apply to the payment of this personal supplement the the amount already paid by similar concept without, therefore, generating the right to a duplicate payment.

Article 57. Extraordinary rewards.

1. The worker shall be entitled exclusively to two extraordinary bonuses per year, which shall be paid in the months of June and December before 30 and 20 of each of them, respectively.

2. The amount of the extraordinary payments of June and December shall be determined, for each of the levels and categories, in the table of each collective agreement of a lower level than the present, whichever is the amount of the remuneration and the borrowed work.

3. Such extraordinary payments shall not be payable for the duration of any of the causes of suspension of the contract provided for in Article 45

the E.T.

Article 58. Prohibition of the apportionment and proportionality in the accrual of the extraordinary payments.

1. The new contracts are prohibited for the prorating of the extraordinary payments and for the termination of the contract, thus prohibiting, on a general basis, the pact for a global salary. The apportionment of overtime or the termination of the contract shall be deemed to be an ordinary salary corresponding to the period in which the proportion was unduly included, all except as laid down in the next paragraph.

2. The amount of extraordinary payments for staff who, by reason of their permanence, are not entitled to the full amount, shall be paid proportionally according to the following criteria:

(a) The staff who enter or cease in the course of each calendar semester shall pay the wages in proportion to the time spent in the undertaking during the same period.

b) To staff who cease in the respective semester, the proportional portion of the gratification shall be made effective at the time of the liquidation of their assets.

(c) Staff who provide their services on a reduced or part-time basis shall earn the overtime in proportion to the time actually worked.

Article 59. Exceptionally painful, toxic or dangerous work.

1. Workers who have to carry out tasks which are exceptionally painful, toxic or dangerous, must be paid an increase of 20 per 100 on their basic salary. If these functions are performed during the middle of the day or in less time, the plus will be 10 per 100.

2. The amounts equal to or greater than the plus fixed in this Article which are established or established by the undertakings shall be respected provided that they have been granted by the concepts of exceptional penalties, toxicity or danger, in which they The payment of the increases laid down in this Article shall not be payable. Nor shall those undertakings which are included, in the same or higher amounts, in the salary of the job qualification, be obliged to satisfy those increases.

3. If the conditions of exceptional hardship, toxicity or danger disappear for any reason, the indicated increases shall no longer be paid, thus not having a consolidable character.

4. In the event of a discrepancy between the parties as to whether a particular work, work or activity should be regarded as exceptionally distressing, toxic or dangerous, it is for the competent jurisdiction to resolve the matter.

5. Those provincial collective agreements which, at the entry into force of this General Convention, are recognised as having a high, toxic or dangerous superior, shall maintain it as a more beneficial condition.

6. The signatories recognize the importance for the whole sector of the progressive disappearance of this type of work or, at the very least, the reduction to the minimum possible of the conditions of penosity, toxicity or danger that have a negative impact on the health and safety of workers, in any event, temporary and temporary in nature.

Article 60. Night work.

1. The staff working between the twenty-two hours and six in the morning will receive an extra night work equivalent to 25 per 100 of the base salary of their category.

2. If the time worked in the night period is less than four hours, the plus will be paid on the time worked effectively. If the night time exceeds four, the supplement for the entire working day shall be paid.

3. When there are two shifts and in any one of them only one hour of the night time is worked, it will not be paid with a complement of nocturnity.

Article 61. Extrasalarial pluses.

1. In order to compensate for the costs incurred by workers in order to go to their jobs, taking into account the mobility of workers, which is a characteristic of this sector, and whatever the distance to travel, it will be possible to may establish a plus extranalarial of distance and transport, calculated per working day of work which, of equal value for all groups and categories, shall be determined in table annexed to each collective agreement of less than present.

2. Other extranalarial plusses, such as tools and workwear, may be laid down in the lower-level agreements to compensate for the costs incurred to the worker, within the limits laid down in Article 48.2.b) of the present Convention.

Article 62. Correction of absenteeism.

The signatory parties to this Convention recognize the serious problem that for our society implies absenteeism and the bankruptcy that in the economy produces the same when certain levels are exceeded, as well as the need for reduce it, given its negative impact on productivity.

Consequently, and always tending to an increase in the presence of the worker in his post, they will be included in the collective agreements of lower scope to the present clauses aimed at the correction of absenteeism.

To the effect, and in order to achieve the aim pursued, the following or other similar provision must be included in the collective agreements:

• Plus or Help and Activity premium.

The indicated plus or premium, when agreed, shall be payable for each day effectively worked with the normal performance payable and, by means of annexed table, the amount of the same shall be determined in such a way that its amount per day of work decrease or decrease as the hours of absence of the worker increase.

When determining this wage plus in the tables of each collective agreement, the percentage limit set out in Article 48.2.c of this Convention shall be taken into account.

Article 63. Performing overtime.

Extraordinary hours, in any case and by their nature, shall be voluntary in accordance with the provisions in force, except those that have their cause in force majeure.

Article 64. Overtime limit.

1. They are considered extraordinary hours, in addition to those that have their cause in force majeure, those motivated by orders or production tips, unforeseen absences, change of shift and loss or deterioration of production, or by any circumstance that alter the normal production process.

2. The number of overtime hours each worker makes, except in cases of force majeure, shall not exceed 80 per year.

Article 65. Remuneration of overtime.

1. The amounts of overtime for each of the categories or levels shall be determined, in the annexed table, in the collective agreements falling below the present.

2. Companies, as long as the normal production process is not disturbed, will be able to compensate for the remuneration of overtime for equivalent times of rest.

3. In the event that the compensation provided for in the preceding subparagraph is made, the overtime compensated shall not be counted against the effects of the limits set for the same in the previous article.

Article 66. Compensation.

1. The following allowances are provided for all workers affected by this Convention:

(a) In case of death due to common illness or non-work accident, the amount of a monthly payment of all the concepts of the applicable convention tables in force at any time.

(b) In the event of death, absolute permanent incapacity or great invalidity, arising from an accident at work or occupational disease shall be EUR 47,000.

(c) In the event of a total permanent incapacity arising from an accident at work or occupational disease, EUR 28,000 shall be.

2. Unless expressly designated by the insured person, the compensation shall be paid to the injured worker or, in the event of death, to the legal heirs of the worker.

3. The compensation provided for in paragraphs (b) and (c) of this Article shall be taken into account for any other amounts which may be recognised as a result of the declaration of the company's liability for the the occurrence of any of the contingencies referred to in this Article, and must be deducted from them in any event, taking into account the civil nature of the contingencies and the two parties recognise it.

4. For the purposes of crediting the right to compensation here agreed, it shall be deemed to be the date of the event causing the accident at work or the determining cause of the occupational disease.

5. The agreed compensation shall begin to be made within 30 days of the publication of this General Convention.

Article 67. Complement in case of hospitalization.

Regardless of the benefits provided by the managing body for temporary incapacity arising from common and professional illness, accident at work or non-work, and only for cases where hospitalization is necessary, (a) companies shall pay a supplement which, in addition to the statutory benefits, guarantees 100 per 100 of the basic salary and wage salaries laid down in the respective provincial convention during the period of the hospital and the 60 days following, provided that the temporary disability situation continues.

CHAPTER VIII

Working Time

Article 68. Day.

1. The annual ordinary day for the year 2012 will be 1,738 hours.

2. The weekly ordinary day shall be forty hours for the duration of this Convention.

3. Those provincial conventions which at the entry into force of the present have a lower day, will maintain it as a more beneficial condition until they are reached by this one.

4. Companies which, in accordance with the legal representation of employees, establish a timetable distributing the working day agreed before the 30th of January of each year in the stable centres and in the works in order to coordinate the activities in the company, will be governed by the same. The calendar shall set out the working days and the daily hours, which may not be more than nine.

In the absence of a calendar agreed at the work centres within the prescribed time-limits, the timetable laid down in the provincial or, where applicable, autonomic convention applicable shall be observed.

5. Each provincial collective agreement or, if applicable, autonomic, will establish a work schedule distributing the annual agreed day. Such a timetable will always be used to ensure that a different re-adaptation is not agreed between the company and the legal representatives of the employees in the different workplaces.

6. Taking into account the different climatic conditions which affect the various locations of the work centres, the variable distribution of the maximum annual working day will be agreed in each provincial convention, without any Case may be exceeded for nine ordinary hours of daily effective work.

When a variable distribution of the day is made, the corresponding variable distribution of the overall salary will be agreed.

7. In each workplace, the company will expose in a visible place the work schedule agreed in the provincial convention or, where appropriate, autonomic, or for the work center itself.

Article 69. Prolongation of the day.

The workday of workers with maintenance and repair functions of facilities or machinery necessary for the resumption or continuity of the production process, as well as the personnel who put in place or close the work it may be extended for the period specified without the excess over the ordinary day being counted as overtime, and shall be paid at least in proportion to the value of the extraordinary hour of work.

Article 70. Work shifts.

1. Undertakings may establish working shifts for economic, technical, organisational or production reasons in accordance with Articles 36 and

of the E.T.

2. Undertakings which, by virtue of the nature of their business, need to establish uninterrupted working hours during the 24 hours of the day, shall organise shifts in such a way that, unless they are voluntary, each worker may not remain in the Night shift more than two consecutive weeks.

3. In undertakings in which work is carried out by work equipment on a shift basis, the average weekly rest day provided for in Article 37 (1) of the E.T. and in the terms of reference shall be calculated for periods of up to four weeks. to establish the current rules in this respect.

4. In companies with established shift systems, the worker is required to remain in his or her job until the arrival of the relay. The time worked during the waiting period, without prejudice to its credit in proportion to the value of the extraordinary hour of work, shall not be counted as an extraordinary day.

Article 71. Recovery of hours not worked.

70 per 100 of the hours not worked by interruption of the activity due to causes of force majeure, atmospheric accidents, inclement weather, lack of supplies or any other cause not attributable to the company, recover at the rate of one hour on a daily basis within the following working days, after communication to the workers concerned and, where appropriate, their legal representatives in the workplace.

In the event that the aforementioned interruption reaches a period of more than twenty-four effective hours of work, the provisions of suspension of the contract due to force majeure in the present Convention.

Article 72. Special days.

The following activities are exempted from the application of the ordinary working day regime, provided for in the present collective agreement:

(a) The day of the gatekeepers, keepers and watchmen, shall be seventy-two hours a week, remunerated on a pro rata basis of their base salary, which exceed the ordinary day established, in general, in the present Convention.

(b) In the performance of underground works in which circumstances of particular penosity arise from abnormal conditions of temperature, humidity or as a result of the additional effort due to the position The usual working week of the body when working, the ordinary working day may not be more than thirty-five hours without its daily distribution in any case exceeding six hours.

c) Jobs in the so-called "compressed air drawers" will have the duration specified by the specific regulations in this respect.

(d) Companies that are paying economic compensation for exceptionally toxic, painful or dangerous work may be able to agree to their replacement by day reductions, in terms that, in each case, are established.

Article 73. Holidays.

1. The staff affected by this General Convention, regardless of their employment status, shall be entitled to the enjoyment of a period of paid annual leave of 30 calendar days, of which 21 days have to be working, they may be distributed over periods of at least ten working days and, in any event, their enjoyment, on a working day other than Friday.

2. The holidays will be enjoyed for natural years. The first year of service delivery in the enterprise will only be entitled to the enjoyment of the proportional share of the time actually worked during that year.

3. 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.

4. For the purposes of the accrual of holidays, the time actually worked shall be considered to be the situation of temporary incapacity, whatever its cause. However, as a general rule, since the right to the enjoyment of holidays expires during the calendar year, the same shall be lost if the worker's maturity continues to be low, even though he will retain the right to receive the the difference that could exist between the payment of holidays and the provision of temporary incapacity.

5. Where the holiday period laid down in the undertaking's holiday calendar coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the planned contract of employment in Article 48.4 of the E.T., it shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the licence which, at the end of the period of suspension, corresponds to that provision. even if the calendar year is over.

6. Once the enjoyment of the statutory holiday period is initiated, if the temporary incapacity situation is over, the duration of the period shall be counted as days of leave, without prejudice to the worker's right to receive the difference which it could exist between the remuneration for holidays and the provision of temporary incapacity.

If the temporary incapacity occurs after the start date for the individual enjoyment of the holiday and before that date, the worker will maintain the right to enjoy the holidays even if there is finished the calendar year, agreeing a new period of enjoyment after the discharge of the temporary incapacity.

The preceding paragraph will not apply to the collective vacation assumptions of an entire job center.

7. The enjoyment of holidays, as a general rule and unless otherwise agreed, will be uninterrupted.

8. The payment of holidays shall consist of the fixed amount laid down in the salary tables of the respective provincial or autonomous community collective agreements.

Article 74. Permissions and licenses.

1. The worker, after a notice of at least forty-eight hours, with the exception of an established urgency, and subsequent justification, is entitled to be absent from work, maintaining the right to the perception of all those remuneration concepts, which are not specifically linked to the effective provision of the work activity, for any of the reasons and for the following time:

a) Fifteen calendar days, in case of marriage.

(b) Two calendar days-of which at least one shall be work-by birth or adoption of a child. In the case of non-Community or Community workers from non-neighbouring countries with Spain, the permit will be, provided they effectively demonstrate the movement to their country of origin, of five calendar days, and can be extended to eight days with the consent of the company, but being exclusively paid the five days previously mentioned.

c) One day, by child marriage.

d) Three calendar days, by death of the spouse and relatives up to the second degree of consanguinity or affinity. In the case of non-Community or Community workers from non-neighbouring countries with Spain, the permit will be, provided they effectively demonstrate the movement to their country of origin, of six calendar days, and can be extended to eight days with the consent of the company, but being exclusively paid the six days before indicated.

e) Two calendar days, due to illness or serious accident, hospitalization or surgical intervention without hospitalization requiring the spouse and relatives to rest home until the second degree of consanguinity or affinity.

f) One day, by moving the usual address.

g) For the time required, to attend examinations, as a result of studies being carried out in recognised teaching, university or professional training centres of a public or private nature.

Where, for the reasons set out in paragraphs (b), (c), (d) and (e), the worker needs to make a posting to the effect, the time limits specified therein shall be increased by two calendar days, except for workers who do not (a) Community or Community non-adjacent to Spain which comply with the provisions of the last points of (b) and (d).

2. The cases referred to in the preceding paragraphs-where the circumstances provided for therein are present-shall also be extended to de facto couples provided that they are registered in the relevant register.

3. Under the same conditions as those provided for in paragraph 1 of this Article, the worker may be absent from work for the time necessary for the fulfilment of an inexcusable duty of a public and personal nature, including of active suffrage. Where a given period of absence is established in a legal standard, it shall be available for the duration and the economic compensation.

In the event that, due to the performance of the duty or the performance of the public charge, the worker receives an economic compensation, whatever his name, the amount of the same amount of the remuneration shall be deducted have a right in the company.

When the performance of the above duty implies the impossibility of providing work in more than 25 per 100 working hours over a period of three months, the company is empowered to decide on the worker affected by the situation of forced leave, with all the effects inherent in it.

4. Workers, who are breastfeeding a child under nine months of age, shall be entitled, without any loss of remuneration, to a daily time of absence of work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases. The woman, by her will, and equally without loss of pay, may substitute this right for a reduction of her working day in a daily half hour for the same purpose or to accumulate in full days, according to the agreement reached with the company. This permit may be enjoyed by the parent in case both work, provided that it is accredited by certification of the undertaking in which the mother works which has not exercised this right in the same way.

5. The worker who, for reasons of legal guardian, has direct care of a person of less than eight years or a person with a physical, mental or sensory disability who does not carry out paid activity, shall be entitled to a reduction in the working day work, with the proportional reduction of the salary, between at least one eighth and a maximum of half the duration of that.

It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

The reduction of working hours referred to in this paragraph constitutes an individual right of workers, women and men. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

CHAPTER IX

Functional Mobility

Article 75. Job change.

Without prejudice to the provisions of Article 22, it is understood by functional mobility that it is derived from the power of the employer to decide the change of job of its employees when it considers it necessary for the good running of the organisation, provided that it is carried out without prejudice to the economic and professional rights which correspond to them, and the limitations required by the necessary academic or professional qualifications are respected. to carry out the work in question and the membership of the professional group corresponding.

Article 76. Top-level jobs.

1. For organisational, production or recruitment purposes, the worker may be assigned to a position of higher category than he or she has recognised, for a period not exceeding six months for one year or eight for two years, with the right to receive the remuneration corresponding to the function effectively performed, while in such a situation.

2. On the expiry of that period, the worker may claim the appropriate professional classification from the undertaking and, if he is not in favour of it, within 15 working days and, if appropriate, report the representatives of the representatives of the legal workers, may claim it before the competent jurisdiction, and will have effects, if the complaint is estimated and once the corresponding decision is signed, from the day on which the person concerned requested, in writing, his or her classification.

3. Where higher-class functions are performed, but where the person concerned does not raise the necessary requirements in this respect, the worker shall be entitled to receive the remuneration difference between the assigned category and the of the function effectively performed.

4. Except for the above, the works of a higher category than the worker do, in agreement with the company, in order to prepare for the ascent.

5. The provisions of this Article shall not apply, except as regards remuneration, in cases of temporary incapacity, maternity, leave and leave, in which the replacement shall cover all the time under the circumstances of the circumstances. who have motivated him.

Article 77. Lower category jobs.

1. The undertaking may, for the purposes of a transitional or unforeseeable need, be able to assign a worker to carry out tasks corresponding to a professional category lower than his own for the essential time, and communicating it, to the representatives of the (a) the legal status of the employees, if any, not being able to refuse to carry out the work entrusted to them, provided that this does not prejudice their professional training. In this situation, the worker will continue to receive the remuneration which, by its previous category and function, corresponds to it.

2. A worker may not be required to carry out his or her own lower-class work for more than three months of the year, while all workers in the same category have not rotated in the performance of those tasks.

Not to be considered, for the purposes of computation, the assumptions of breakdown or force majeure.

3. If the destination of the lower professional category has been requested by the worker himself, the employee shall be assigned the remuneration corresponding to the function effectively performed, but he may not be required to carry out a category higher than that for which you are paid.

Article 78. Decreased capacity personnel.

1. Staff who, by age or other circumstances, have experienced a reduction in their capacity to perform the functions they are responsible for, may be assigned by the undertaking to work appropriate to their present conditions, provided that they exist (i) the possibility of this, by assigning the professional classification to which it applies in accordance with its new tasks, as well as the remuneration corresponding to its new professional category.

2. Where positions are available to be held in the company for workers with reduced capacity, they shall have the preference to perform them on an equal footing, and where appropriate, the employees of the company itself on the terms of the expressed in the previous section.

3. A worker who does not comply with his or her step to the status of diminished capacity or the new category assigned to him may bring the appropriate complaint to the competent jurisdiction.

Article 79. Work likely to cause injury to the health without loss of work capacity.

1. Where a worker, without his or her employment capacity, is likely to be, predictably and on a certain basis, injured in his/her health, on the occasion or occasion of the work he/she habitually carries out, at the discretion of the doctor or doctor For this purpose, it may be assigned by the undertaking to a new job, if there is so, in which there is no such risk or danger and appropriate to its level of knowledge and experience, assigning it to the professional classification corresponding to their new functions, as well as the remuneration that corresponds to them.

2. If the worker is not in conformity with the change of post, he/she may bring the appropriate complaint to the competent jurisdiction.

CHAPTER X

Geographic Mobility

Article 80. General concepts.

1. Companies may transfer their staff to other workplaces other than those in which they provide their services for any period of time, based on economic, technical, organisational, production or economic reasons.

This power derives, on the one hand, from the mobile nature of the work in the undertakings of the sector, as a result of the inevitable temporality of the performance of its activity, and in the light of the exception provided for in Article 40.1 of the E.T. and, on the other hand, of the competence attributed to the employer in matters of organisation of work in Article 29 of this Convention.

2. Where the movement takes place at a work centre situated in a different municipal area and which, in addition, has 15 kilometres or more of the working centre of departure and the usual residence of the worker, it shall give rise to the following concepts: Compensation:

(a) If the displacement is of duration not exceeding one year, the allowance shall be paid, if you cannot stay overnight in your usual residence, and average daily allowance, if you can stay overnight.

(b) If the posting is longer than one year, and implies change of residence, a compensatory allowance shall be payable in the amount and conditions laid down in the following paragraph. In addition, the travel expenses of the worker and his/her family, the expenses of moving furniture and goods and five days of diet for each person traveling from the family members and living with the displaced person will be earned.

3. The compensatory allowance, set out in the preceding paragraph for the posting of more than one year involving change of residence, shall apply in accordance with the following rules:

(a) It shall be equivalent to 35 per 100 of the gross annual income of the worker in ordinary day and of a salary at the time of the change of centre; 20 per 100 of them at the beginning of the second year; 10 per 100 at the beginning of the third year and 10 per 100 at the beginning of the fourth year, always on the initial basis.

(b) In the event of a new displacement of more than one year, with a change of residence, before four years after the previous one, the compensation sequence shall be terminated by the end of the new, based on the remuneration that was received at that time.

From the compensation received for the first posting, no amount of the current annuity will be deducted when the new compensation sequence is fixed.

(c) In the event that the contract of employment is extinguished before four years after a period of more than one year, with a change of residence, only the proportional share of the contract shall be payable. compensatory allowance corresponding to the annuity in which the extinction occurs.

4. On voluntary displacements by written request of the worker, compensation and rights shall not be regulated in this chapter.

Article 81. Notice, execution, and impeachment of the scroll order.

1. If the posting is of a duration not exceeding one year, the employer must provide written notice to the worker at least three days in advance, or five if the posting is more than three months, stating the conditions and expected duration.

2. If the posting is longer than one year, the notice shall be thirty days for the worker's initial entry to the new post, without prejudice to the fact that he or she makes the transfer of family, furniture and goods to his/her convenience. The employer shall provide and cost the necessary journeys to his/her home town. The posting must be communicated simultaneously to the workers ' representatives.

3. No notice shall be required where the worker is able to stay at his or her usual residence, or in cases of urgent need.

4. In all cases, the posting order is executive for the worker, without prejudice to possible judicial challenge.

Article 82. Rest.

1. For every three months of continuous movement of a duration not exceeding one year, without the possibility of overnight stay at the place of habitual residence, the worker shall be entitled to a minimum of four working days paid at that place, without (a) to compute as such travel, the notes or the amount of which shall be taken into account by the employer.

Such days of rest shall be effective within the 15 calendar days immediately after the expiration date of each three-month period of posting.

2. On an individual basis, the accumulation of these days may be agreed, with the addition of the holiday period.

Article 83. Diets.

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 worker's living and lodging expenses, such as consequence of the displacement situation.

2. The worker will receive complete diet when, as a result of the posting, he cannot stay at his usual residence. It shall always be payable per calendar day.

3. When the employer arranges and costs the maintenance and accommodation of the posted staff, provided that he fulfils the conditions required and sufficient, he will only satisfy 20 per 100 of the complete diet.

4. An average diet shall be payable where, as a result of the posting, the worker concerned has the need to perform the food outside his habitual residence, is not supplied to him by the undertaking and can stay at the residence. The average diet will be earned per day worked.

5. Daily allowances or allowances shall always be paid regardless of the remuneration of the worker and on the same dates as he is; but on a journey of more than one week, he may apply for fortnightly advances on account, and justify, on the above mentioned diets.

6. The amount of the whole diet and the average diet will be set in the framework of the lower-level collective agreements.

7. The complete diet shall not be due in the case of legal suspension of the employment contract, except in cases of temporary incapacity in which the undertaking maintains the posting.

Article 84. Locomotion.

The company shall be responsible for the costs of locomotion resulting from the posting, either by making the means available to the worker, by paying the corresponding compensation.

Article 85. Stay priority.

They have priority to be the last to be affected by any displacement to the population other than the place of their habitual residence, the legal representatives of the workers, within their category and specialty professional or trade.

Article 86. Working conditions at the arrival or destination center.

1. The posted staff will be linked to the day, work schedule and calendar in force in the work or arrival work center. However, in the event that the working day for the centre of origin is less than that of arrival, the excess shall be paid as overtime, which shall not be counted for the limit of the number of such hours.

2. The diet or average diet, if any, to be collected by the displaced personnel, shall be the one that corresponds to the provincial collective agreement of the place of arrival.

3. The posted worker must provide, as far as he is concerned, how many formalities are required in order to regularise his/her new situation.

Article 87. Long-term works.

1. These are those in which the place of supply of work is variable along a given territory or area, either through continuous or discontinuous tajos, and may cover several municipal or even provinces, but such For technical and business organisation purposes, they are part of a single structural unit.

2. The provision of work activity along any of the tajos or work centres which are part of this mode of work does not constitute a technical shift, so that such assumptions are excluded from the legal system. provided for in this Chapter, but the time spent on this mobility within the work shall be computed as worked.

3. By way of derogation from the above paragraph, if, as a result of the provision of services in these works, the worker is unable to stay at the place of his habitual residence, the right to a full diet shall be payable, to be resarged by the company from the travel expenses back and forth to the specific place of work.

4. Where the work is carried out by territorial areas corresponding to several provinces, it shall apply, where appropriate, to the diet of the collective agreement of the place of effective provision of the worker's activity. In the case of a particular pit or centre of work being within the geographical limit between two provinces, the collective agreement corresponding to the place where the work activity is carried out shall apply for a longer period of time. time.

Article 88. Job center move.

1. The total or partial transfer of the premises which does not require a change of habitual residence to the workers concerned shall be the option of the employer, subject to the report, if appropriate, of the legal representatives of the employees, who must the period of 15 days from the date on which the relevant decision has been notified to them.

2. If such a transfer is a change of habitual residence, in the absence of acceptance, where appropriate, by the legal representatives of the employees, it must be, in order to be able to bring it into effect, to the other established provisions, to the in respect of Article 40.2 of the E.T. and as regards its conditions, as provided for in this General Agreement of the Sector.

Article 89. Habitual residence.

1. The term 'habitual residence of the worker' means the person who has pointed out this, which is mandatory, when entering the undertaking, and must communicate to it the changes that occur in this respect during the term of the corresponding contract of job.

2. Changes of habitual residence of the worker during the course of the employment relationship, and which have not been communicated by him to his undertaking, shall not have any effect in relation to the provisions of this General Convention and other rules that are applicable.

3. Changes of habitual residence of the worker, who are not obliged by decisions of his company, shall not, in themselves, give rise to any right or compensation in his favour, even if, as is required, they must be communicated to him.

4. For the purposes of this Chapter, a posting shall mean a change of habitual residence, where it reasonably makes it impossible or particularly burdensome or burdensome for the worker to move daily to the centre of destination from This residence, attended to the circumstances of distance and time spent in touring it.

In no case will it be understood that an offset implies change of residence, when, with respect to the target work center, one of the following circumstances occurs:

a) That it is located in the same municipal term as the source.

b) That it is closer to the worker's habitual residence than the center of provenance.

CHAPTER XI

Suspension and extinction of the employment relationship

Article 90. Causes and effects of the suspension.

1. The employment contract may be suspended for the following reasons:

a) Mutual agreement of the parties.

(b) Those entered validly in the contract.

c) Temporary Incapacity of Workers.

(d) Maternity, parenthood, risk during pregnancy, risk during natural lactation of a child of less than nine months, and adoption or acceptance, whether preadopted or permanent or simple, provided that its duration is not less than one year, even if these are provisional for children under six years of age, or minors who exceed six years of age in the case of disabled children or who, due to their circumstances and personal experiences or from abroad, have special difficulties of social and family integration duly accredited by the Social Services competent.

e) Representative public charge exercise.

f) Privation of the worker's freedom, as long as there is no conviction.

g) Suspension of employment and pay, for disciplinary reasons.

h) Temporary force majeure.

i) Economic, technical, organizational or production causes that prevent the provision and acceptance of the work.

j) Forced Excess.

k) Exercise of the right to strike.

l) Legal closure of the company.

m) By decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence.

2. The suspension exonerates the reciprocal obligations to work and remunerate the work.

3. Where the suspension is motivated by one of the reasons set out in the headings (f) and (g) of paragraph 1 of this Article, and unless the parties agree, the time of suspension shall not be counted for years of service.

Article 91. Suspension of the contract for reasons of temporary force majeure.

1. For the purposes of the suspension referred to in point (h) of paragraph 1 of the preceding Article, they shall be regarded as temporary force majeure, inter alia, provided that they are unforeseeable or are likely to be unavoidable. The following situations:

a) Impossibility of receiving, materials or supplies of the same.

b) Court of power supply, for reasons outside the company.

c) Climatological phenomena that prevent the normal performance of the work.

(d) Paralization of the work or part of the work, by governmental order, administrative decision or other similar causes beyond the will of the employer, without prejudice to the established, in this respect, the fixed contract of work, in this Convention.

e) Paralization of the activity of workers in the work, agreed upon by majority decision of the legal representatives of those or, where appropriate, of the delegates of prevention, when such cessation is maintained with after and against the mandatory delivery within 24 hours of the employment authority.

2. In all of these cases, the procedure provided for in Article 51.12 of the E.T. is applied.

Article 92. Forced leave.

1. The cases of forced leave provided for in the Law will give rise to the right to the preservation of the job and to the calculation of seniority during its term. The re-entry shall be requested within the month following the termination of the leave of absence, the right to re-entry being lost if this deadline is requested.

2. The duration of the contract of employment shall not be interrupted by the situation of the worker's forced excess, and in the event of the termination of the contract during the course of the contract, the contract shall be extinguished, subject to its denunciation or warning, unless otherwise agreed.

Article 93. Voluntary leave of absence, for the care of family members and the parties to the agreement of the parties.

1. The worker with at least one year's seniority in the company of one year shall be entitled to be recognised as being on a voluntary basis for a period of not less than four months and not more than five years. The worker on leave shall retain a right of preference for reentry into the vacancies, of the same or similar category as his own, which would have been or were produced in the undertaking, provided that he so requested with at least one month's notice at the end of the surplus. The time of leave shall not count for the purpose of years of service.

2. Workers shall be entitled to a period of leave of absence, not exceeding three years, in order to take care of the care of each child, either by nature or by adoption, or in the case of a permanent and pre-adopted accommodation, even if they are provisional, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision. The period of duration of leave may be enjoyed in a split manner.

You shall also be entitled to a period of leave of absence, of a duration not exceeding two years, unless a higher duration is established by agreement between the parties, the workers to care for the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by itself, and does not carry out paid activity.

In the event that two or more employees of the same company generate this right for the same deceased subject, the employer may limit his or her simultaneous exercise for justified reasons for the operation of the undertaking.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker remains in surplus in accordance with this paragraph shall be computable for years of service and the worker shall be entitled to assistance with training courses. (a) a professional, whose participation must be convened by the employer, in particular on the occasion of his/her incorporation, which must be applied for at least one month before the end of the leave. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

However, where the worker is part of a family which is officially recognised as a large family, the reserve of his/her job shall be extended to a maximum of 15 months in the case of a large family of general category, and up to a maximum of eighteen months in the case of a special category.

3. During the period of leave, the worker may not provide his services to another undertaking engaged in the same activity. If you do so, you will automatically lose your reentry right.

4. On the agreed leave will be what the parties will establish.

Article 94. Causes and effects of extinction.

As to the termination of the contract of employment, the provisions of the legislation in force and, in particular, the provisions of the E.T. in its Articles 49 to 57, inclusive, and the specialties provided for in this Agreement, shall be in force. Agreement for the fixed contract of work and other forms of procurement.

Article 95. Ceses.

The termination of the contract, depending on the character of the contract, will conform to the following requirements:

(a) During the trial period, companies and workers may terminate their contract without notice and without any right to compensation.

(b) In the case of temporary contracts, the termination of the contract shall take place after the period of time fixed in the contracts, subject to its denunciation, if applicable.

(c) In terms of the contract of fixed-in-work, the provisions of this Convention shall be subject to the provisions of this Convention.

Article 96. Finiquitos.

1. The receipt of finiquito of the employment relationship between the undertaking and the worker, in order to have full release effects, must be in accordance with the model set out in Annex III to this Convention and with the requirements and formalities laid down in the next. The National Construction Confederation will edit and provide copies to all provincial employers ' organizations.

2. Any termination or termination notice shall be accompanied by a proposal for a decision in the abovementioned model. When used as a proposal, it will not be necessary to complete the part that appears after the date and place.

3. The receipt of finiquito shall be issued by the corresponding employer organization, numbered, stamped and dated and shall be valid only within the fifteen calendar days following the date on which it was issued. The employer organisation that issues it shall be obliged to keep a record containing the data previously expressed.

4. Once signed by the worker, this receipt of finiquito will take up the liberating effects that are of its own.

5. In the case of termination of contract by the worker, paragraphs 2 and 3 of this Article shall not apply.

6. The worker may be assisted by a representative of the workers, or in his absence by a trade union representative of the trade unions who are signatories to this Convention, in the act of signing the payment receipt.

Article 97. Retirement.

1. The parties to this Convention, who are aware that an employment policy is necessary to improve the stability and quality of this agreement, establish, except for individual agreements to the contrary, compulsory retirement for age and listed periods referred to in paragraph 2, provided that the worker complies with the legal requirements for access to the retirement pension. In any event, the worker must have the minimum contribution period covered by a percentage of 80 per 100 to the regulatory base for the calculation of the amount of the pension and to comply with the other security requirements. Social to be entitled to retirement pension in your contributory mode.

2. In accordance with paragraph 1, and in line with the existing legislation governing the age requirement for access to retirement-which provides for a gradual change in the statutory retirement age-the age for applying retirement age This Convention shall be governed by this Convention for each of the years of validity of the Convention, depending on the periods listed.

Thus, during the first year of the present Convention, that is to say during 2012, the mandatory retirement age will be that of 65 years.

In 2013: The mandatory retirement age will be that of 65 years (for those workers who have that age, credit a minimum contribution period of 35 years and 3 months or more) or the age of 65 years and 1 month for those other workers who have a contribution period of less than 35 years and 3 months.

In 2014: The mandatory retirement age will be that of 65 years (for those workers who have that age, credit a minimum contribution period of 35 years and 6 months or more) or 65 years and 2 months for those other workers who have a contribution period of less than 35 years and 6 months.

In 2015: The mandatory retirement age will be that of 65 years (for those workers who have that age, credit a minimum contribution period of 35 years and 9 months or more) or 65 years and 3 months for those other workers who have a contribution period of less than 35 years and 9 months.

And in 2016: The mandatory retirement age will be that of 65 years (for those workers who are of that age, credit a minimum contribution period of 36 years or more) or 65 years and 4 months for those other workers who have a contribution period of less than 36 years.

The following summary table is attached in which the mandatory retirement age for each of the years of the convention is included, depending on the contribution period credited in each case:

	Accredited Quote Periods	Required Age
2012	35 years.	65 years.
2013	35 years and 3 months or more.	65 years.
	than 35 years and 3 months.	65 years and 1 month
	2014	35 years and 6 months or more. Less than 35 years and 6 months.	65 years. 65 years and 2 months
2015	35 years and 9 months or more Less than 35 years and 9 months.	65 years. 65 years and 3 months
2016	36 years or older. Less than 36 years.	65 years. 65 years and 4 months

3. This measure, on the one hand, is directly linked to the objective of improving the stability of employment, which is reflected in the present Collective Agreement in the regulation of the fixed contract of construction of the construction sector. provided for in Article 24, to extend the maximum period of time for contracts which may be concluded due to circumstances of production, accumulation of tasks or excess of orders, as referred to in Article 25 of this Convention, and to subrogation of staff established in Article 27.

4. Together with the above, the parties consider it essential, as a result of mutual consideration to achieve the desirable and necessary internal balance of the Convention, to link compulsory retirement to the objective of improving quality. (a) employment by means of the various measures incorporated into the present Convention on the prevention of occupational risks such as the regulation of a joint body in the field of preventive matters, the establishment of training programmes and specific content on preventive matters, the sectoral accreditation programme for the training received by the worker, and the establishment of the Construction Work Foundation, whose objectives are the promotion of vocational training, the improvement of health and safety at work, as well as the raising of qualifications industry, in order to professionalize and dignify the various trades and jobs of the construction sector.

Without prejudice to these sectoral objectives aimed at promoting quality in employment, all those specific actions which can be taken in the field of risk prevention and equality can be taken into account. be carried out by companies in the sector, aimed at developing, promoting and improving the security and equality of their employees.

On the other hand with the establishment of the annual minimum gross remuneration the signatories include an improvement in the salary conditions of the Sector that is in the quality of their employment.

5. With regard to early and partial retirement, the provisions of the legislation in force at any time shall be in force.

6. The parties to this Convention undertake to make a reasoned request for a request for a reduction in the retirement age for activities on the scales, categories or specialties of the sector in which they consider that they are to be present. physical situations or requirements of penosity, dangerousness, insalubity or toxicity that make it advisable to establish the anticipation of the retirement age.

CHAPTER XII

Fouls and Sanctions

Article 98. General criteria.

The company may sanction, as a lack of work, the actions or omissions of workers who occur on the occasion or as a result of the employment relationship and who assume an infringement or contractual breach of their job duties, in accordance with the classification and graduation of the faults set out in this Chapter or in other labour or social standards.

Article 99. Fault classes.

The faults committed by the workers at the service of the companies in the sector will be classified according to their importance and, where appropriate, their recidivism, in light, serious, and very serious, in accordance with what is available in the The following items.

Article 100. Minor fouls.

The following are considered minor faults:

a) Up to three punctuality faults in one month, without justification.

(b) Non-communication, at least forty-eight hours in advance, of any lack of assistance to work for justified reasons, unless it is proven that it is impossible to do so.

(c) The abandonment of the centre or the job, without cause or justification, even for a short period of time, provided that such abandonment was not detrimental to the development of the productive activity of the undertaking or cause of damage or accidents to your colleagues, in which you may be considered to be serious or very serious.

d) False to work one day per month, without cause.

e) The lack of care and diligence due to the development of the job entrusted, as long as it does not cause injury to the company or to his or her colleagues, in which case it may be considered as serious or very severe.

f) Small oversights in the preservation of the material.

g) Do not communicate to the company any variation of its situation that has an impact on the work, such as the change of its habitual residence.

h) The occasional lack of grooming or personal cleansing, when it causes complaints or complaints from colleagues or bosses.

i) Faults of respect, of little regard, to his companions, and even to third persons other than the company or center of activity, provided that this occurs on the occasion or occasion of the work.

j) Remain in areas or places other than those in which you perform your usual work, without cause to justify it, or without being authorized to do so.

k) Find yourself at the job site, without authorization, outside of the workday.

(l) Failure to comply with the rules on the prevention of occupational risks, which do not pose a serious risk to the worker, or to his or her colleagues or third parties.

m) Discussions on foreign issues to work during the working day. If such discussions lead to serious scandals or riots, they may be considered as serious or very serious misconduct.

n) Distract colleagues during working time and prolong short and justified absences for longer than necessary.

n) Use telephone, telematic, computer, mechanical or electronic means of the company, for particular matters, without proper authorization.

Article 101. Serious fouls.

The following are serious faults:

(a) More than three punctuality faults in one month or up to three when the delay is greater than fifteen minutes, in each one, during that period, without justified cause.

b) False two days to work for a month, without reason to justify it.

(c) Not to pay due diligence or care in the work entrusted to it, which may pose a risk or prejudice to a certain consideration for the worker himself, his colleagues, the company or others.

d) The simulation of temporary incapacity or accident assumptions.

(e) failure to comply with the orders or failure to comply with the rules on the prevention of occupational risks, where they pose a serious risk to the worker, his or her colleagues or third parties, and to refuse the use of the security means provided by the company.

f) Disobedience to the superiors in any work matter, provided that the order does not imply a vexatious condition for the worker or risk to life or health, both to him and to other workers.

g) Any alteration or falsification of personal or work data relating to the worker himself or his colleagues.

h) The gross negligence or recklessness in the development of the activity entrusted to it.

i) Perform, without the appropriate permission, particular works in the work, or work center, as well as use for own uses of the company tools, both inside and outside the work premises, unless you count on the appropriate authorization.

j) The voluntary and occasional decrease in work performance.

k) Provide reserved data or information of the work or work site or company, or persons thereof, without proper authorization for it.

l) The concealment of any event or fault that the worker has witnessed and which could cause serious harm of any kind to the company, to his or her co-workers or to third parties.

m) Do not immediately warn your bosses, the employer or the representative of any anomaly, breakdown or accident that you notice in the premises, machinery or premises.

n) Introduce or facilitate access to the workplace to unauthorized persons.

n) Serious negligence in the preservation or cleaning of materials and machines that the worker has in his or her capacity.

o) The recidivism in any slight lack, within the same quarter, when there has been a written sanction of the company.

p) Consumption of alcoholic beverages or any stupefying substance that has a negative impact on the work.

Article 102. Very serious fouls.

The following are considered to be very serious:

(a) More than ten non-justified punctuality, committed in the period of three months or twenty, for six months.

b) False to work more than two days a month, without cause or reason to justify it.

(c) Fraud, disloyalty or abuse of trust in the work, management or activity entrusted; theft and theft, both to colleagues and to the company or to any person in the workplace or outside the workplace. during the development of their work activity.

d) Make it disappear, disable, destroy or cause damage to any material, tools, machines, installations, buildings, appliances, appliances, documents, books or vehicles of the company or the workplace.

e) Usual drunkenness or drug addiction if they have a negative impact on the job.

f) The disclosure of any required reservation information.

g) Unfair competition.

h) The ill-treatment of words or work or serious misconduct of respect and consideration to superiors, companions or subordinates.

i) Non-compliance with or non-compliance with the rules on the prevention of occupational risks, where they are causing serious accidents at work, serious harm to their colleagues or third parties, or serious damage to the undertaking.

j) Abuse of authority by the person who has the authority.

k) The voluntary and repeated or continued decrease in the normal performance of the job.

l) Continuous or persistent disobedience.

m) Acts developed at or outside the work centre, on the occasion or occasion of the work entrusted to it, which may constitute a crime.

n) Malicious issuance, or inexcusable negligence, of news or false information concerning the company or workplace.

n) Abandonment of post or work without justification, especially in posts of command or responsibility, or when it causes obvious harm to the company or may become cause of accident for the worker, his or her colleagues or third parties.

o) The imprudence or negligence in the performance of the job entrusted, or when the way to perform it involves risk of accident or serious danger of damage to the premises or machinery of the company.

p) The recidivism in serious misconduct, even if it is of a different nature, within the same semester, that has been the subject of a written sanction.

Article 103. Sanctions. Application.

1. The penalties that companies may apply, depending on the severity and circumstances of the misconduct, will be as follows:

a) Mild high:

• Verbal assembly.

• A written statement.

b) Serious high:

• Suspension of employment and salary from one to fifteen days.

c) Very severe high:

• Suspension of employment and salary from sixteen to ninety days.

• Despid.

2. For the application and graduation of the penalties provided for in point 1, it shall be taken into account:

a) The highest or lowest degree of responsibility of the fault.

b) The professional category of the same.

c) The impact of the event on other workers and on the company.

3. Prior to the imposition of penalties for serious or very serious misconduct for workers who have the status of a legal or trade union representative, they will be instructed to do so by the company, in which they will be heard. of the person concerned, the other members of the representation to which he belongs, if any.

The obligation to instruct the contradictory file referred to above extends until the year following the cessation in the representative office.

4. In cases where the undertaking intends to impose a penalty on those workers of whom it is aware that they are affiliated to a trade union, it shall, prior to the imposition of such a measure, give the delegates a hearing. union, if any.

Article 104. Other effects of sanctions.

Companies will record in the work files of their employees the penalties that for serious or very serious misconduct are imposed on them, as well as the recidivism in the minor faults.

TITLE II

Workers ' representatives

Article 105. Unitary representation.

Workers have the right to participate in the company through the works councils or staff delegates, in the terms of Title II of the E.T. and in the following paragraphs.

a) Given the mobility of construction sector personnel, and in accordance with article 69.2 of the E.T., it is agreed that the minimum age in the company to be eligible is reduced to three months by computing for this purpose. all periods which the worker has been providing in the undertaking for the preceding 12 months prior to the call for elections.

(b) For the same reason, expressed in the preceding paragraph, of the mobility of staff, in the works, the number of representatives may experience, each year, the corresponding adjustment, in more or less, in accordance with the set in the following paragraph.

In the event of an increase in the number of staff, partial elections may be held, in accordance with the terms of Article 13.1 of Royal Decree 1844/1994 of 9 September 1994 approving the elections to bodies representing workers in the company.

(c) Legal representatives, in agreement with the union to which they belong, shall be entitled to the accumulation of up to 75 per 100 hours paid for the performance of their duties, in one or more of them.

(d) Those provincial conventions which, upon the entry into force of the General Convention of the Construction Sector of 1992, have established more beneficial conditions, shall maintain them on their own terms.

Article 106. Union representation.

In terms of union representation, the provisions of the Organic Law 11/1985, of 2 August, must be taken into account in the following stipulations:

a) The unit of reference for the development of trade union action is the company or, where appropriate, the workplace.

(b) Trade union delegates, in agreement with the trade union to which they belong, shall be entitled to the accumulation of paid hours for the performance of their duties, in one or more of them, without exceeding the total number of hours legally set.

(c) The lower-than-present agreements may establish a number of workers lower than that laid down in the Organic Law 11/1985 of 2 August of Freedom of Association, in order to be entitled to the election of delegates union.

Article 107. Responsibility of the trade unions.

The unions, in the terms provided for in Article 5 of the Organic Law on Freedom of Association, shall respond to the acts or agreements adopted by their statutory bodies, in the sphere of their respective powers, and by the individual acts of their members, when they act in the exercise of their representative functions or on behalf of the union.

TITLE III

Mixed Commissions

CHAPTER I

Joint Commission

Article 108. Joint Commission.

1. A Joint Committee shall be set up consisting of a maximum of 12 members to be appointed by each of the parties, trade-union and business, in the form decided by the respective organisations and with the functions specified therein. next item.

2. The agreements of the Joint Commission on interpretation or application shall be adopted in any case by unanimity by means of a corresponding resolution and shall have the same legal effectiveness and treatment as this Convention.

3. The Commission shall meet as many times as it deems necessary for the good progress of this Convention and shall, in each case, determine its operating rules.

Article 109. Functions and procedures of the Joint Commission.

1. The Joint Committee referred to in the previous Article shall have the following

:

a) Monitoring and monitoring compliance with this Convention.

(b) The knowledge and resolution of issues arising from the application and interpretation of all the provisions of this Convention.

c) At the request of a party, to mediate and/or to attempt to reconcile, where appropriate, and upon agreement of the parties, and at the request of the parties, to arbitrate on how many occasions and conflicts, all of which are of a collective nature, may arise in the application of this Convention.

(d) Pretend, prior and compulsory to the administrative and judicial route, in the terms provided for in paragraph 2 of this Article, on the approach of collective conflicts arising from the application and interpretation of this Convention.

e) The constant evolution of both the framework of the working relationships and the situation and perspectives of the construction activity along with the frequent normative changes and the essential function that the signatories of the The State Convention grants it as a standard for the use of the principle of the rule of law and the application of the principle of employment relations. It requires the Joint Commission to carry out the necessary functions of adapting the Convention to the economic and social reality of the sector as well as any regulatory changes that might occur.

Therefore, the Joint Commission, when relevant circumstances are present which it considers necessary, shall carry out the adaptations required by the State Convention during its term of office.

(f) If necessary, the Joint Commission may, during the duration of the Convention, amend it. In this case, in addition to the incorporation of all the parties entitled to the negotiation, even if they have not been signatories to the Convention, the requirements for legitimization provided for in Articles 87 and 88 of the Treaty must be met

g) Set, in accordance with Article 50.2, the table of the annual gross minimum remuneration for each year of this Convention.

(h) In the case of, after the corresponding period of consultation provided for in Article 41.4 of the E.T., no agreement was reached on the undertaking in the negotiation of the substantial modification of the working conditions of the Number 6 of that provision, the actions shall be submitted within 5 days of the corresponding Joint Committee in order to ensure that the discrepancies are resolved.

Such actions should be sent together with the corresponding Disagreement Act set out in the model in Annex IX and specifically set out for this scenario.

If the Commission fails to reach an agreement within 7 days, it will forward the action to the Interfederal Mediation and Arbitration Service within the next 3 days, accompanied by the Act of Annex IX. (a) in order to make the relevant arbitration binding, in which case the arbitral award shall be of the same effectiveness as the agreements in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down In Article 91 of the E.T.

In the case of the absence of employee representatives in the company, it will be understood that the most representative trade unions in the sector are entitled to be part of the Negotiating Commission of the Collective Agreement of application to the same, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the E.T.

(i) To fix, where appropriate, in accordance with the agreement, the determination of the remuneration to be transferred to the tables of the respective Provincial Conventions, as well as to quantify, if appropriate, the revision of the aforementioned remuneration and its effects according to the formula that has been established.

(j) How many other functions tend to be the most effective practical effect of this Convention, or are derived from the provisions of its text and annexes that form part of it.

2. Both the signatory parties to this Convention and those referred to in Article 4 (1) concerning the personal field are obliged to inform the Joint Commission of any doubts, discrepancies and collective conflicts of interest. general character, may be considered in relation to the interpretation and application of the same, provided that they fall within their competence in accordance with the provisions of the previous paragraph, so that, by their intervention, the problem raised is resolved or, if this is not possible, issue the appropriate resolution or report.

3. Without prejudice to the provisions of paragraph 3 of the previous Article, it is established that the questions of its competence which arise from the Joint Committee shall be submitted in writing, and its content shall be as necessary to enable it to examine and analyze the problem with cause knowledge, and must have as mandatory minimum content:

a) The succinct and concrete exposure of the subject.

b) Reasons and fundamentals you understand assist the proponent.

c) A specific proposal or request to be made to the Commission.

The consultation paper will accompany how many documents are needed for the best understanding and resolution of the problem.

4. The Commission may, by way of extension, collect as much information or documentation as it considers relevant for a better or more complete information of the case, to which it shall give a time limit to the proposer which may not exceed five working days.

5. The Joint Committee shall, after receipt of the written consultation or, where appropriate, complete the relevant information, have a period of not more than 20 working days, in the event of an agreement, to resolve the issue by issuing the corresponding resolution.

If there is no agreement, a report will be made in which the members of the Commission will collect the considerations that, respectively, have formulated to substantiate their respective positions and, therefore, the discrepancy.

In the latter case the Commission will act as set out in the following number.

6. In cases where the Joint Committee does not reach agreement on matters falling within its competence, referred to in paragraph 1 (h) and in Chapter III of the Title referred to in paragraph 1 of this Article, They will, if necessary, transfer the discrepancies to the systems of out-of-court dispute settlement, assuming the fourth agreement to the effect signed between CEOE-CESME and UGT and CC.OO. and published in the BOE of 10 February 2009 and this according to (a) the provisions of Article 14 of this Convention, or where appropriate, subject to the non-judicial systems of the settlement of disputes established by the relevant Interprofessional Agreements provided for in Article

of the Treaty

7. With regard to the measures to contribute to the internal flexibility of the company, the possible irregular distribution of the day will be regulated in article 85.3 (i) 1. of the E.T.

Procedures as well as time and reference periods for functional mobility are regulated in Chapter IX. Functional Mobility, Articles 75 to 79 of this Convention.

CHAPTER II

Sectoral Productivity Commission

Article 110. Sectoral Productivity Commission.

1. The Productivity Sectoral Commission shall be based in Madrid, at the premises which the Commission itself agrees to at any time.

2. The Commission will consist of a maximum of 10 members, appointed, half by CNC and the other half, by the signatory unions, all of whom have a voice and vote. The President shall be appointed by common accord between the members of the two parties and shall, in the event of a tie, vote in the same way when the two parties so decide, acting unanimously. The Secretary shall be appointed by the two representations, by mutual agreement, between the members of the Commission.

3. In the case of specific cases which so require, on a case-by-case basis, and subject to approval by the Commission itself, the assistance of specialists or technicians shall be sought in the matters concerned.

Article 111. Operation and agreements.

1. The Sectoral Productivity Commission itself shall be equipped with its operating rules, which shall establish that it must be brought together on an ordinary basis, at least once every three months, and on an extraordinary basis, at the request of the Commission. either of the parties or the President, who shall convene the meetings, chair and direct the discussions, giving and withdrawing the word, when deemed appropriate.

2. The agreements for their validity shall require the vote of the absolute majority of each of the two representations.

Article 112. Functions.

1. The Productivity Sectoral Commission shall be responsible for drawing up and approving tables of normal yields, which shall form part of this Convention as one of its Annexes, when approved by the Joint Committee of the Convention, all organic with it.

2. The Committee on Productivity shall also have the task of approving, where appropriate, the tables of yields to be taken into consideration by the negotiating committees of the provincial collective agreements or, where appropriate, the autonomous community, or the new units intended to include in the same or the revision of existing units, as agreed in Article 41 of this Convention.

However, and as long as the Sectoral Productivity Commission has not produced the standard income tables, the lower-level agreements will be able to draw up own-income tables.

For the validity of these yields, provincial or regional, it will be necessary to have the prior approval of the Sectoral Productivity Commission.

3. The Commission shall also have the task of approving, where appropriate, any adjustments to the returns provided for in the General Convention which are proposed by the negotiating committees of the provincial collective agreements or, where appropriate, of autonomous community, when they understand that there are circumstances or differential facts that warrant it.

4. The Sectoral Commission shall resolve any doubts or queries raised in relation to the application of the income tables.

CHAPTER III

Sectoral Joint Committee on Vocational Training

Article 113. Sectoral Joint Committee on Vocational Training.

1. The Joint Sectoral Vocational Training Commission shall be composed of up to 12 members, appointed, half by the CNC and the other half by the signatory trade unions, in the form decided by the respective organisations, all of them with voice and vote.

Prior agreement in each case may participate in the expert committee in the matter in question, which will act with a voice but without a vote.

(a) Duration and cessation: Members of the Sectoral Joint Committee shall exercise representation for the duration of the Fourth National Training Agreement, and may cease to be represented by:

-Free revocation of the organizations that chose them.

-By resignation or personal decision.

In any of the cases of cessation, the replacement of the member of the Sectoral Joint Commission will be immediately carried out, with the effect within the fifteen days following the end of the cessation designation by the relevant organisation.

(b) Social address: the Sectoral Joint Committee shall have its registered office at the headquarters of the Tripartite Foundation for Training in Employment, currently located in Calle Torrelaguna, 56-28027 Madrid, freely being able to to transfer its registered office to any other, by which the agreement of the parties is sufficient.

(c) At this address there shall be a permanent Secretariat which shall be responsible for the administrative functions of such an organ.

(d) The Sectoral Joint Committee shall meet at its registered office on an ordinary monthly basis and, on an extraordinary basis, upon request by one of the parties.

The Calls of the Sectoral Joint Commission will be carried out by the Permanent Secretariat of the Commission. Calls shall be made by means of certified letters, telefax or any other means by which the sending and receipt of such letters shall be provided, at least seven days in advance of the date of the meeting.

Meetings that are of an urgent nature may be convened at least forty-eight hours in advance. The call shall include the day, time and place of the meeting, as well as the issues to be addressed.

The Sectoral Joint Committee shall be validly constituted when four of the members of each of the representations are present at the meeting, present or represented.

Representation may only be conferred on another member of the Sectoral Joint Committee and must be made in writing, by mail or fax.

e) Adoption of agreements: the decisions of this Joint Committee shall be adopted by unanimous agreement of both parties, business and trade unions, requiring, in any event, the favourable vote of at least four members of each of the the representations. Such agreements shall not be effective until the approval of the minutes in which they are recorded.

2. The Joint Training Sector Committee shall, inter alia, have the following

:

a) Vellar for compliance with the provisions of this article.

b) Establish or modify indicative criteria for the elaboration of the sectoral continuous training plans of enterprises and grouped, which affect exclusively the following subjects:

-Priorities for continuing training actions to be developed.

-Guidance on the workers ' groups, preferably affected by these actions.

(c) Measure in the discrepancies which may arise between undertakings and the legal representation of employees in respect of the content of the training plan drawn up by a company, provided that it or the representation of the employees workers in it so require.

d) Issue reports to your initiative or in cases where you are asked about the topics of your competition.

e) Make an annual report on the implementation of this chapter as regards continuing training in the sector.

f) How many others are required to develop the assigned activities and functions.

3. Of the times employed in continuous training.

For those workers who attend in-person training actions corresponding to the Tripartite Foundation for Training in Employment during the years of the present Convention, managed by the Construction Work Foundation, 50 per 100 of the hours required by that action shall be within the working day or be deducted from the working day, provided that the following conditions are met:

(a) The undertaking may refuse the assistance of a worker to a training action, by means of a reasoned decision for technical, organisational or production reasons. In the event of refusal, the worker may refer to the Territorial Council of the FLC.

(b) Workers who may attend the training measures referred to in this Article shall not exceed 10 per 100 of the templates annually, nor, in those working centres with fewer than 10 employees, may be present. more than one.

(c) 50 per 100 of the business hours of the company shall be an annual maximum of 20 hours per worker, and may be distributed in one or more training actions.

(d) The applicant worker must have passed the test period and must have, in any case, a minimum of one month's seniority in the undertaking.

e) During the training hours of the company, the worker will be entitled to the salary that would correspond to him as if he were working in ordinary hours.

f) The worker will have to accredit to the company the assistance to the corresponding training action.

g) Individual training permits, as provided for in the Fourth National Training Agreement, shall be governed by the provisions of the Fourth National Training Agreement.

4. Individual training permissions.

Through collective bargaining, the concrete terms of use of the Individual Training Permissions-which in any case will be in line with the provisions of Article 12 of the Fourth ANF-will be established. on the one hand, a homogeneous use among all the staff of the workforce, if necessary, by means of percentages by professional groups and, on the other hand, the participation of the workers ' representatives in the process of authorization of the permit by the company.

The parties also undertake to disseminate and promote the use of individual training permits.

For purely statistical purposes, companies will report annually to the Joint Sectoral Commission on the training of individual permits requested by their employees.

5. Accompanying and accompanying actions.

The complementary and accompanying actions to the training must be the instrument that allows the necessary studies to know more deeply the reality of the sector and thus to identify the training needs of the same, both in new professional skills and in those where deficiencies are detected.

In the same way they have to serve to improve the quality and effectiveness of the continuous training, incorporating the methodologies and tools more in line with the characteristics of the sector, as well as through the analysis of any another aspect that the parties consider to be of importance for the development of training in the sector.

The Sectoral Joint Committee will set priorities for each call. In any case, it will prioritize those projects agreed upon by the organizations that make up the Sectoral Joint Commission.

CHAPTER IV

Sectoral Joint Committee on Safety and Health at Work

Article 114. Joint Committee on Safety and Health at Work.

The regulation of this Commission is included in Title II of Book II of this Convention.

TITLE IV

Equal opportunities

Article 115. Equal opportunities and non-discrimination.

1. The parties to this Convention, aware of the need to continue to make progress on the equality of women and men in the field of work, and to have an impact on equal treatment and non-discrimination on gender, as well as on the elimination of stereotypes, promoting equal value for men and women in all areas, undertake to take the necessary measures and agree to carry out different actions on the basis of the following principles:

a. To promote the effective implementation of equal opportunities in the enterprise in terms of access to employment, training, promotion, protection of maternity and working conditions.

b. Prevent, detect and eradicate any manifestation of discrimination, direct or indirect.

c. Jointly identify lines of action and promote and develop concrete actions in this field.

d. To promote a balanced presence of women in the business areas.

2. According to the provisions of Law 3/2007 of 22 March, for the effective equality of men and women, in the case of companies of more than 250 workers equality measures must be directed towards the elaboration and implementation of an Equality Plan.

3. The plans for equality of enterprises are a set of measures, adopted after a diagnosis of the situation, aimed at achieving equality of treatment and opportunities among women and men and eliminating the discrimination on grounds of sex.

4. The equality plans shall set 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 systems for monitoring and evaluating the objectives set.

5. In order to achieve these objectives, the Equality Plans may include, inter alia, matters concerning access to employment, professional classification, promotion and training, remuneration, and the organisation of working time in order to promote terms of equality between women and men, reconciliation of work, staff and family, and prevention of sexual harassment and harassment on grounds of sex.

6. The Equality Plans shall include the whole of a company, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

TITLE V

From the Construction Work Foundation

Article 116. Construction Work Foundation.

1. The Construction Work Foundation is the joint agency of the sector constituted by the signatories of the CGSC, in order to guarantee the provision of services to the workers and companies within the scope of this Convention, with the scope of the Spanish territory as a whole, and whose statutes form an integral part of it.

2. The financing of the Construction Work Foundation will be mainly funded by contributions from the Public Administrations, plus a complementary contribution from the companies, which will not be able to exceed 0.25 per 100 of the wage bill, established on the same basis of calculation of the Social Security contributions.

3. The Construction Foundation of the Principality of Asturias will decide its integration into the Construction Foundation, maintaining its autonomy until both its formal unification, which will require the approval of the Joint Commission of the General Convention of the Construction Sector.

4. It is established that the share of the Construction Foundation for the year 2012 will be 0.25 per 100, being of a percentage on the basis of calculation of the quotas to the Social Security.

TITLE VI

Extra-conflict resolution of conflicts

Article 117. Extra-judicial conflict resolution.

1. The parties to this General Convention assume the full content of the Fourth Agreement on the Extractive Settlement of Collective Conflicts (ASEC IV), signed by the CEOE and CESME business organisations and the Trade Union Confederations. UGT and CC.OO., published in the BOE of 14 March 2009, which shall develop its effects in the fields of the General Convention of the Construction Sector, with the intended scope of the ASEC IV itself or the replacement, where appropriate.

2. With regard to the autonomic systems for the solution of labour disputes, which require accession as a requirement to be applicable, the signatory parties to this Convention express their commitment to promote, in the relevant fields, the the accession of the provincial collective agreements or, where appropriate, of the Autonomous Community, to those systems of out-of-court settlement of disputes.

BOOK SECOND

Safety and Health Issues in the Construction Sector

TITLE I

Joint Body for the Prevention of Construction

CHAPTER I

General provisions

Article 118. Definition and naming.

1. The specific organ is the joint agency for the prevention of occupational risks in the construction sector for support, in the aforementioned matter, of the companies and job centers of the sector.

2. The specific organ is known as the "Joint Body for the Prevention of Construction" (OPPC).

Article 119. Functions.

The tasks of this specific sector of prevention are:

(a) Monitoring of the occupational accidents in the sector and the development of statistics of serious and fatal accidents.

b) Organization and control of visits to works.

c) Proposal for solutions for the reduction of accidents.

d) Organisation and development of a travelling training on foot.

Article 120. Constitution and dependency.

1. The specific organ is constituted and is structured within the Construction Work Foundation (FLC), with dependence on its governing bodies.

2. Except as provided for in this Regulation, the specific body shall, in all its activities, comply with the rules laid down in the statutes of the FLC and the instructions issued by its Board of Trustees and Executive Committee.

Article 121. Territorial and functional areas.

The territorial and functional areas of action of the specific organ are those of the Construction Work Foundation (FLC), both in the state and the autonomous areas.

Article 122. Headquarters.

The seat of the specific body shall be that of the registered office of the FLC and that of its Territorial Councils or Commissions, depending on the field in which it acts.

CHAPTER II

Members

Article 123. Composition.

1. The specific body is composed of eight members, four business representatives and four of the trade unions belonging to the CGSC's signatory organisations, and is chaired by the President of the FLC.

2. For the implementation of its activities in the autonomous field, the specific organ will have four members, two representatives of the business organizations and two of the union headquarters signatories of the CGSC, and will be chaired by the President of the Council or the Territorial Commission of the FLC or person to whom it delegates.

3. Both at the State level and in the Autonomous Community, the specific body shall be assisted by a Secretary to be elected from among its members.

Article 124. Appointments.

1. The members of the specific body shall be appointed by the organisations to whom they represent, both those belonging to the State and the Autonomous State.

2. Its members shall exercise their mandate of representation for a period of four years, and may be re-elected for periods of equal duration.

Article 125. Ceses.

1. The members of the specific body shall cease to be responsible for:

a) Compliance with your command.

b) Free revocation by the organization that designated you.

c) By express waiver.

d) By death.

2. In any of the cases of termination provided for in this Article, the member of the specific body, whose effects, the business organisation or the trade union organisation to which his substitution corresponds, shall be replaced, shall notify the FLC in the Maximum of 30 days, the new designation.

CHAPTER III

Internal Regime

Article 126. Meetings.

1. The ordinary meetings of the specific body shall be monthly, and shall be extraordinary when requested by half more than one of its members or when the President considers it.

The meeting shall be convened by the President in writing and with a minimum of seven days in advance of the date fixed for the meeting, except those of an urgent nature, which may be convened at an early date. minimum of forty-eight hours.

The call will include the agenda to be discussed at the meeting.

2. The meetings of the specific body shall require for its validity the presence of at least half of the members of each representation, business and trade union.

The delegation may only be conferred, in writing, to another member of the respective representation.

3. Decisions, for their validity, shall be required to be adopted unanimously by the assistants, present and represented.

4. In any case, the deliberations, the agreements and the information derived from the actions of the specific organ shall be reserved.

CHAPTER IV

Economic Regime

Article 127. Funding.

The specific organ will be funded, for the execution of its activities, from the following sources:

(a) From grants that you can obtain from Public Administrations and private bodies.

b) From the funds available from the business quota to the FLC.

c) External financing actions that can be approved by third parties.

d) Of the remaining remnants decided by the Executive Committee of the FLC from other activities.

Article 128. Annual budget.

The specific body will submit annually to the FLC its budget proposal on the basis of the overall amount contributed by the Board of Trustees, broken down by Autonomous Communities, which will have to be approved by the Board of Trustees. Foundation, which shall comprise all activities and management and operating expenses.

Article 129. Provision of services of the member organisations of the specific body.

The entities that make up the specific organ will invoice the FLC, and within the limits marked by the operating budget, the expenses derived from the persons who develop the activity of the organ, at the prices of We will consider them to be established for these purposes in the approved budgets.

In no case will these persons be part of the workforce of the Construction Work Foundation and only the organ will be able to have people who are in commission of service of the organization that has named.

CHAPTER V

Developing the functions

Article 130. Monitoring of occupational accidents in the sector and the development of accident statistics.

The specific body will develop the activities agreed by the FLC Board of Trustees to study and monitor the serious and fatal accidents that occur in their field of action.

These activities will focus on the development of statistics reflecting the accident and incidence rates and which will serve as a basis for the development of the functions of the body set out in Article 119 of the Treaty. this Convention.

Article 131. Organization and control of visits to works.

1. In order to obtain sufficient information for the preparation of studies on the development of accidents, to provide an advisory service to small enterprises and to put in place the culture of prevention among the workers and employers, the specific body will organise a series of visits to works in accordance with the following criteria.

2. The visits to works shall be carried out, after agreement of the specific authority in its field, to the undertakings or workplaces which do not have its own prevention service.

3. The visits to the works shall be carried out by the persons designated by the specific organ in their respective field, on the proposal of the organizations that integrate it, always respecting the principle of parity.

4. Prior to the completion of their function, the persons designated for the visit to the works will receive from the FLC the necessary specific training, consisting of a course of 220 hours, unless they credit knowledge and/or similar experience accepted by the FLC.

Persons designated to visit the works will receive, in advance, the appropriate accreditation for the FLC.

5. The programming of the site visits shall be carried out by the specific body at least one month in advance, except in particular cases of works where special difficulties may be encountered in complying with the rules on the prevention of occupational risks in what can be done at least 15 days in advance.

6. The prior consent of the company to visit will be required for the completion of the visit.

7. From each of the visits to works will be carried out the corresponding report, that it will be delivered to the president of the respective specific organ in its respective autonomic field and to the Direction of the Work.

The reserved character of all the information, includes the persons designated for the visits to the works, with respect to any natural or legal person other than the specific organ itself, so that they must keep professional. In no case, and this shall be included in the report, it may have effects outside the scope of advice of the body itself.

8. The person responsible for the work shall sign the receipt of the report stating, where appropriate, the consent for the receipt of future visits to study the operation of the proposed measures, if any. These subsequent visits shall be carried out in accordance with the procedure set out in the preceding paragraphs.

9. In no case will the visitors interfere in the work and development of the activity of the work.

10. On a quarterly basis, the specific regional body shall draw up a summary report of the actions taken in its field during that period of time to be sent to its headquarters.

11. Annually, the specific body will draw up and present to the FLC an explanatory note of the actions undertaken and objectives and objectives achieved, all of which are related to the state level, in all areas to the FLC for inclusion in its Annual memory.

Article 132. Formulation of solutions for the reduction of accidents.

On the basis of the statistics and studies carried out by it, the specific body may formulate proposals for solutions aimed at reducing the number of accidents. These proposals will be raised to the FLC Board of Trustees, which will have to approve them.

Article 133. Travelling training on foot.

The training activities on the basis of the specific organ shall be carried out in the form agreed by the Board of Trustees of the FLC and which, at the time, shall be included in this Convention.

Article 134. Reporting and statistics.

The elaboration of the reports on work and statistics accidents, which are intended as functions of the organ in the corresponding article of this Title, will be developed in the form that the Patronato de the FLC, with the information and data provided by the autonomous commissions.

TITLE II

Sectoral Joint Committee on Safety and Health at Work

Article 135. Composition and functions of the Joint Committee on Safety and Health at Work.

The Joint Committee on Health and Safety at Work, consisting of a maximum of ten members, appointed five by each of the parties, trade unions and business, in the form that the respective organizations, has the following functions:

(a) The Ministry of Employment and Social Security and the Autonomous Governments to obtain official recognition as a sectoral social partner in the field of health and safety, both in its legislative and development aspects of plans and training measures.

b) To study and agree on the appropriate mechanisms for coordination of provincial information in the field of disaster in the sector, which will provide the provincial specific commissions or, failing that, the commissions paritaires of the conventions.

c) Promote as many measures as they consider to improve the situation of the sector in this field, with the aim of extending the concern for safety and health at all levels, encouraging awareness raising, etc.

d) Make proposals on the implementing rules and the criteria for the issuance of the Professional Card of Construction to the FLC, as well as on the criteria for accreditation, validation and registration of the courses Similarly, it is necessary to propose the incorporation of other materials to the card, such as previous medical examinations, newspapers and specific to which the workers are subjected with high turnover, in order to avoid the repetition of the same for business change in periods of less than one year.

e) To take the necessary steps to obtain the means to enable them to develop their functions with the proper effectiveness.

f) How many other functions the Commission itself agrees to be attributed to the best performance of its purposes.

TITLE III

Health and safety information and training

CHAPTER I

General provisions

Article 136. General principles.

1. The means, procedures, materials and actions that are used and developed in the FLC in security and health will be dedicated to disseminate, coordinate and collaborate in methods and processes that facilitate the best and best compliance with the laws and their regulations for employers and workers in the sector.

2. The actions and actions to be carried out in relation to the contents of Law 31/1995, of 8 November, of Prevention of occupational risks in the field of construction and Law 32/2006, of October 18, Regulatory of subcontracting in the The construction sector has to be similar, homogeneous and coordinated throughout the national territory. It is up to the FLC to be the guiding thread of the principles and guidelines to be developed in the specific training programmes and content of sectorial nature and for the work of each speciality, so that it can be establish the same levels of application and compliance in each of the Territorial Councils.

3. Given the conditions in which the sector is located due to its specific characteristics, the FLC must be equipped with the appropriate instruments so that, in compliance with the content of the current regulations, the continuous reduction of the indices will be achieved. of claims.

4. The actions to be worked out will be primarily aimed at the employer, as he is the main figure in the implementation of the prevention management system and in the training and information of workers.

CHAPTER II

Information

Article 137. Sector information.

Accidents in the construction sector, which is a source of constant concern on all sides, makes it necessary for the FLC to develop an information activity in the following terms:

(a) The need for compliance with the rules on the prevention of occupational risks.

b) Impact on activities whose jobs might be high risk.

c) Elaboration of a statistics program for the sector in order to provide the data of accidents and to be able to determine the actions to be applied.

d) FLC activities, partial results control and degree of achievement of the objectives.

e) In the light of the previous information campaigns, an expert study will be carried out with regard to the strategy to be used to promote effective communication; in the light of this work, the design and the implementation of information plans and methods to ensure the uptake and assimilation of messages as well as the evolution and control of results.

CHAPTER III

Training

Section 1. General Provisions.

Article 138. Training cycles of the FLC.

The training cycles of the FLC will consist of two types of actions in the field of risk prevention under construction:

(a) The first cycle, known as the "Permanent Classroom", will include initial training on the risks of the sector and will contain the basic principles and general concepts on the subject; Safety and health interest to encourage students to start second cycle courses. This initial training provided in the first cycle does not relieve the employer of his obligation to inform the worker of the specific risks at the centre and at the job.

(b) The second cycle shall also transmit in addition to the initial training, knowledge and specific rules in relation to the job or trade.

Article 139. First training cycle: LWF Permanent Classroom.

1. The first cycle of training in the prevention of occupational risks in the construction sector, known as the "Permanent Classroom", is the minimum initial training action in the field of occupational risk prevention in the construction sector. The main objective is to ensure that workers acquire the necessary knowledge to identify both the most frequent occupational risks occurring in the various stages of the execution of a work, such as preventive measures implement to eliminate or minimize such risks.

2. The methods and contents of the materials imparted in the "Permanent Classrooms" must be similar and homogeneous, the similar objectives and the equivalent results, in all the Territorial Councils of the FLC.

Article 140. Second cycle of training in the prevention of occupational risks in the construction sector: training by job or by trades.

The second training cycle in the prevention of occupational risks in the construction sector is configured by job or by trades.

Article 141. Coordination and homogenisation of training.

The FLC must homogenize throughout the national territory the plans and contents of the training that it provides in terms of safety and health.

Exceptionally, in the case of situations of works and centers with specific characteristics, after consultation, coordination and collaboration of the state FLC, additional activities and contents may be developed for the training in this field.

Article 142. Mobile classrooms.

It is estimated that a convenient procedure to inform in the own works about the risk prevention materials consists in having Mobile Classrooms in which all the materials, audiovisual equipment will be incorporated and other didactic elements.

Section Second. First Training Cycle: Permanent Classroom or Initial Level

Article 143. Training content for the Permanent Classroom or initial level.

The formative content for the "Permanent Classroom", whose module will last for eight hours, is schematic as follows:

A) Basic concepts about health and safety.

• Work and health. The occupational risks. Risk factors.

• Basic regulatory framework for the prevention of occupational risks. Basic duties and obligations in this field.

B) Elementary preventive techniques on generic risks.

• Different levels, handling of loads, collective protection means, personal protective equipment, etc.

• Auxiliary media (hung scaffolding, modular, borrrims, etc.)

• Work equipment (elevators, small machinery, etc.).

• Senalization.

• Symbology of products and materials used in construction sites.

C) First aid and emergency measures.

• General procedures.

• Action Plan.

D) Rights and obligations.

• Participation, information, consultation and proposals.

Section Third. Second Training Cycle: training content according to the job or the job.

Subsection First: General provisions

Article 144. General provisions on the second training cycle.

The training programmes and specific content for the work of each post or function of those courses are determined below, as a consequence of the provisions of Article 10.2 of Law 32/2006 of 18 October 2006, Subcontracting regulatory in the construction sector, which may be provided by the companies or by the FLC, either directly or through previously approved training centres.

Subsection Second: Training content by job

Article 145. Training content for managerial staff.

1. The commitment in the preventive field of the company responsible is considered essential for the hierarchical structure to have present the safety and health in all the aspects that are raised during the execution of a work, since without its It becomes impossible to get the preventive culture intended within the company. Thus, a preventive training of this figure in the business structure is required.

2. The training content for business managers, the module of which will have a minimum duration of ten hours, is schematic as follows:

A) Integration of prevention into company management.

• Product security.

• The manual (policy, procedures, plans, etc.).

• Integration with different systems (quality and environment). Total management.

• Internal audits.

B) Obligations and Responsibilities.

• Functions, obligations and responsibilities.

C) Organization and scheduling.

• Job Risk Prevention Plan.

• Risk assessment.

• Planning for prevention.

• Control systems on existing risks.

• Preventive modes.

D) Costs of the accident and profitability of prevention.

• The costs of accidents at work.

• Methods of calculating the cost of accidents.

E) Basic legislation and regulations in prevention.

• Introduction to the legal field.

• Basic and development legislation.

Article 146. Training content for the project managers and the execution technicians.

1. With regard to those responsible for the work, in order to impart orders, it is essential that they have the preventive knowledge with great clarity. Its preventive training is unavoidable so that the chain of communication of the work orders, from the preventive point of view, does not suffer in the origin a distortion that negatively influences the successive processes.

2. The training content for the persons responsible for the work and the technical implementation, the module of which shall have a minimum duration of 20 hours, is schematic as follows:

A) Risk prevention. The five risk blocks in the works.

• Analysis of the most common risks and protections in the construction sector.

B) Preventive techniques.

• Safety, hygiene, ergonomics, medicine, psychosociology and training.

C) Health and safety studies and plans.

• Required Contents

• Work documents: incident book, certificates required, other documents.

D) Calendars and phases of preventive actions.

• Risk detection.

• Statistical analysis of accidents, statistical indexes.

• Analysis of the most common protections in the building (networks, railings, auxiliary means, etc.).

• Preventive modes (own prevention service, joint, foreign, designated worker).

E) Organs and participatory figures.

• Security Inspections.

• Security and health coordinator.

• Designated worker.

• Prevention delegate.

• Investigation of accidents and notifications to the competent authority.

• Autonomous administrations.

• Skills, obligations and responsibilities of each of the above.

F) Workers ' rights and obligations.

• Safety and Health Committee.

• The importance of worker training and information.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

G) Legislation and basic prevention regulations.

• Introduction to the legal field.

• Basic and development legislation.

Article 147. Training content for intermediate controls.

1. The communication between the implementing technicians and the workers is, as a general rule, through the intermediate controls. It is therefore very important for them to have sufficient preventive knowledge to enable this transmission of orders to be carried out without forgetting the health and safety aspects to be taken into account in each unit of work to be carried out, and which they have sufficient pedagogical and didactic concepts to enable the clarity of communications.

2. The training content for intermediate controls, the module of which shall have a minimum duration of 20 hours, is schematic as follows:

A. Integration of prevention into production.

• Risks in the different phases of the work.

• Evaluation and treatment. Prevention organization.

B. The five risk blocks. Work orders.

• Communication of work orders.

• Basic risk detection and assessment.

C. Typology of risks. Preventive techniques.

• Risks in construction.

• Analysis of the most common protections in the construction sector.

D. Health and safety plan.

• Required contents of the health and safety plan.

• Work documents (incident book, documents required, etc.).

E. Serious and hazardous risk areas.

• Specific risks (demolitions, excavations, structure, masonry, etc.).

F. Coordination of sub-contracts.

• Interferences between activities.

• Planning.

G. First aid and emergency measures.

• Basic knowledge, objectives, and functions.

H. Participatory organs and figures.

• Security Inspections.

• Security and health coordinator.

• Designated worker.

• Prevention delegate.

• Investigation of accidents and notifications to the competent authority.

• Autonomous administrations.

• Skills, obligations and responsibilities of each of them.

Article 148. Training content for prevention delegates.

1. The training content must be consistent with the mandate of Article 37.2 and the powers of Article 36.2, both of Law 31/1995 of 8 November, of the Prevention of Occupational Risks.

2. The training content for prevention delegates, the module of which shall be for a minimum duration of 70 hours, is schematic as follows:

A. Work and health.

• Relationship between work and health.

• Basic concepts.

• Work and environment.

• Basic environmental concepts.

B. Fundamentals of preventive action.

• The conceptual and legal framework for occupational safety and health.

• Rights and obligations under the Occupational Risk Prevention Act.

• Consultation and participation of workers. The prevention delegates.

• Risk factors.

• Preventive techniques.

C. Organization and management of prevention in the company.

• Planning for workplace risk prevention in the enterprise.

• Management and organization of prevention.

• Institutions and agencies in the field of occupational safety and health.

• Responsibilities and penalties.

• Capacity for intervention by prevention delegates.

D. Specific training based on the activity area.

• Introduction to the sector: characteristics, accidents and more frequent risks.

• Developing specific topics depending on the area of activity within the construction sector.

Article 149. Training content for administrative purposes.

1. The mobility of workers in construction works requires a systematic and constant monitoring of the staff who access them. This task usually falls to the administrative workers, which makes it very necessary to train them in preventive matters in order to have a control of the personnel who at every moment are in the work center and to know the requirements that must be met in this area by the various undertakings involved in the execution of a work.

2. The administrative content for administrative purposes, the module of which shall be at least 20 hours, is schematic as follows:

A. Defining the jobs.

• Labor of the secretary of the health and safety committee or other joint coordinating bodies.

• Documentary knowledge. Your procedures.

• Documentary control (prior notice, opening of the workplace, documentation to be provided by the subcontractors, monitoring of health surveillance, etc.).

B. Preventive techniques.

• Basic knowledge about the means of collective protection and personal protective equipment.

• Display screens.

• Emergency measures. Basic knowledge.

• First aid, kit maintenance, etc.

C. Auxiliary means, equipment and tools.

• Suitable furniture in the face of postural and ergonomic risks, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Observe and understand the necessary risks and preventive measures.

• Knowledge of the workplace environment, lighting, work environment.

• Required documentation and maintenance of the work information panel.

E. Interference between activities.

• Concurrent or successive activities.

• Communication techniques.

• Teamwork techniques.

• Problem analysis and decision making.

F. Rights and obligations.

• General and specific regulatory framework.

• Disclosure and participation.

Subsection Third: Training content based on the specific level by trade

Article 150. Training content for masonry.

The training content for masonry, whose module will have a minimum duration of twenty hours, is schematid as follows:

A. Defining the jobs.

• Facades (brick factory and cement coating).

• Internal distribution.

• Materials (ceramic, cardboard, plaster, plaster, etc.).

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses and obligations and maintenance).

• Individual protections (placement, uses, and obligations and maintenance).

C. Auxiliary means, equipment and tools.

• Andamans.

• Borrítas.

• Job platforms, gateways, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace environment. Scheduling tasks from a preventive point of view.

• Handling of chemicals. Safety Data Tab. Symbology.

E. Interference between activities.

• Concurrent or successive activities.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

• Module duration: 20 hours.

Article 151. Training content for demolition and rehabilitation work.

The training content for demolition and rehabilitation work, the module of which will have a minimum duration of 20 hours, is schematic as follows:

A. Defining the jobs.

• Demolitions (structures, enclosures, covers, etc.).

• Rehabilitation.

• Shell facades.

• Internal distribution and facilities.

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses and obligations and maintenance).

• Individual protections (placement, uses, and obligations and maintenance).

C. Auxiliary means, equipment and tools.

• Andamans.

• Borrítas.

• Job platforms, gateways, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Types of especially dangerous products, materials and installations.

• Colindant builds.

• Knowledge of the workplace environment and the forms of execution. Scheduling tasks from a preventive point of view.

• Handling of chemicals. Safety Data Tab. Symbology.

E. Interference between activities.

• Concurrent or successive activities.

• Phases of demolition

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 152. Formative content for formwork.

The formwork content for formwork, the module of which will have a minimum duration of 20 hours, is schematic as follows:

A. Defining the jobs.

• Formwork systems (forged, walls, beams, pillars, stairs, ramps). Materials used. Mounting and dismounting.

• Revenant techniques (pump, vat, chute, etc.).

• Vibrated.

• Work procedures.

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses and obligations and maintenance).

• Individual protections (placement, uses, and obligations and maintenance).

C. Auxiliary means, equipment and tools.

• Cutting equipment (circular saw, tronder, etc.).

• Andamans.

• Revenant Torretas.

• Tools, small material, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace environment and the forms of execution. Scheduling tasks from a preventive point of view.

• Material Ascope.

• Handling of chemicals. Safety Data Tab. Symbology.

E. Interference between activities.

• Concurrent or successive activities.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 153. Formative content for ferrating.

The formative content for ferrating, whose module will have a minimum duration of twenty hours, is schematic as follows:

A. Defining the jobs.

• Armed Ferralla in workshop or in work. Collection.

• Armado and assembly in forges, walls, trenches, beams, pillars, stairs, ramps, etc.

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses and obligations and maintenance).

• Individual protections (placement, uses, and obligations and maintenance).

C. Auxiliary means, equipment and tools.

• Cutting and bending equipment.

• Tools, small material, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace environment. Scheduling tasks from a preventive point of view.

• Handling of chemicals. Safety Data Tab. Symbology.

E. Interference between activities.

• Concurrent or successive activities.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 154. Formative content for plaster coating.

The formative content for plaster coating, the module of which will have a minimum duration of 20 hours, is schematic as follows:

A. Defining the jobs.

• Application on vertical or horizontal parts.

• Application techniques (projected, maestered, in good view, etc.).

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses and obligations and maintenance).

• Individual protections (placement, uses, and obligations and maintenance).

C. Auxiliary means, equipment and tools.

• Borrítas.

• Job platforms, gateways.

• Tools, small material, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace environment. Scheduling tasks from a preventive point of view.

• Handling of chemicals. Safety Data Tab. Symbology.

• Order and cleanup.

• Auxiliary media.

E. Interference between activities.

• Concurrent or successive activities.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Encourage awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 155. Training content for electricity.

The training content for electricity, the module of which shall be at least 20 hours long, is schematic as follows:

A. Defining the jobs.

• Transform centers.

• General lines.

• Interim installation of work.

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

C. Auxiliary means, equipment and tools.

• Escalations.

• Small material.

• Portable equipment and tools.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the environment of the workplace and of transit through it. Scheduling tasks from a preventive point of view.

E. Interference between activities.

• Concurrent or successive activities.

• Forecast the needs of different electrical equipment.

F. First aid and emergency measures.

• Basic specific knowledge. Objectives and functions.

G. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 156. Training content for plumbing.

The training content for plumbing, the module of which will have a minimum duration of 20 hours, is schematic as follows:

A. Defining the jobs.

• Provisional installations of work.

• Bajants.

• Installation hung.

• Facilities in premises (services, kitchens, bathrooms, etc.).

• Urbanizations, wells, archets, etc.

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

C. Auxiliary means, equipment and tools.

• Portable equipment and tools.

• Welding equipment.

• Andamans.

• Small material, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the environment of the workplace and of transit through it. Scheduling tasks from a preventive point of view.

E. Interference between activities.

• Concurrent or successive activities.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 157. Training content for quarry.

The training content for the quarry, whose module will have a minimum duration of 20 hours, is schematic as follows:

A. Defining the jobs.

• Chapados and coatings.

• Escalations.

• Ventilated facades.

• Auxiliary structures.

B. Specific preventive techniques.

• Previous considerations. Pulvigene environment.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

C. Auxiliary means, equipment and tools.

• Machinery and fixed cutting equipment.

• Portable equipment and tools.

• Small material.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the environment of the workplace and of transit through it. Scheduling tasks from a preventive point of view.

E. Interference between activities.

• Concurrent or successive activities.

• Auxiliary structures.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 158. Training content for painting.

The training content for painting, with a minimum duration of 20 hours, shall be schematic as follows:

A. Defining the jobs.

• Painting outside and inside.

• Application techniques.

• Special Paintings.

• Preparing media.

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

C. Auxiliary means, equipment and tools.

• Platforms of work.

• Auxiliary media.

• Portable equipment.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace environment (ventilated places) and transit through it. Scheduling tasks from a preventive point of view.

E. Interference between activities.

• Concurrent or successive activities.

• Auxiliary structures.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 159. Training content for soled and tiled.

The formative content for soled and tiled, whose module will have a minimum duration of twenty hours, is schematic as follows:

A. Defining the jobs.

• Placing of outer and inner coatings.

• Large dimensions.

• Continuous coatings.

• Special pavements.

B. Specific preventive techniques.

• Application of the health and safety plan in the specific task. Risk assessment in case there is no plan.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

C. Auxiliary means, equipment and tools:

• Cutting machines.

• Portable equipment and tools.

• Small material.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace and transit environment by the workplace.

• Planning tasks from a preventive point of view.

• Handling of chemicals. Safety Data Tab. Symbology.

E. Interference between activities.

• Concurrent or successive activities.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 160. Training content for operators of lifting devices.

The training content for operators of lifting devices, the module of which shall be at least 20 hours long, is schematic as follows:

A. Defining the jobs.

• Types of machines and equipment, major components. Tower crane, hoists, machinage, mobile lifting platforms, telescopic handlers, etc.

B. Specific preventive techniques.

• Application of the safety and health plan in the use of the machine or the concrete work equipment. Risk assessment in case there is no plan.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

• Operator-specific training. Use authorization.

• Senalization.

C. Auxiliary means, equipment and tools.

• Using machine or work equipment.

• Maintenance and verifications, manufacturer's manual, characteristics of the main elements, safety devices, documentation, lifting systems, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace environment (high voltage facilities, load and range limitations). Scheduling tasks from a preventive point of view.

• Site of the machine or equipment.

E. Interference between activities.

• Concurrent or successive activities. Interference with other machines in the area (cranes).

• Operator action protocols in case of interference.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 161. Training content for vehicle operators and land movement machinery.

The training content for operators of land movement vehicles and machinery, the module of which shall be at least 20 hours long, is schematic as follows:

A. Defining the jobs.

• Machine types. Transport machinery truck, dumper, earth moving machinery and compaction: bulldozer, loading shovel, backhoe, snowmobile, "jumbo", tenement/compactyta asphalt, etc.

• Risk identification (over-run, machine dump, entrapment, electrocution, explosion, fire, particle projection, noise, vibration, thermal stress, fatigue, etc.).

B. Specific preventive techniques.

• Application of the safety and health plan in the use of the machinery and the concrete work equipment. Risk assessment in case there is no plan.

• Accessories for vehicles and people.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

• Operator-specific training. Use authorization.

• Senalization.

• Buried drivers (electrical, telecommunications, gas, sanitary, etc.).

C. Auxiliary means, equipment and tools.

• Using machine or work equipment.

• Maintenance and verifications, manufacturer's manual, characteristics of the main elements, safety devices, documentation, lifting systems, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Adjoining buildings. Perimeter protections.

• Knowledge of the workplace environment. Scheduling tasks from a preventive point of view.

• Transit through the work (ditches, levels).

• Considerations regarding the geotechnical study.

E. Interference between activities.

• Concurrent or successive activities.

• Senalization and transit.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Article 162. Training content for manual equipment operators.

The training content for manual equipment operators, the module of which shall be at least 20 hours long, is schematic as follows:

A. Defining the jobs.

• Equipment types. Tronder, table cutter (wood and ceramic material), radial, guillotine, polishing, pneumatic hammers, etc.

• Work procedures.

B. Specific preventive techniques.

• Application of the safety and health plan in the use of the concrete work equipment. Risk assessment in case there is no plan.

• Collective protection (placement, uses, obligations and maintenance).

• Individual protections (placement, uses, obligations, and maintenance).

• Operator-specific training. Use authorization.

• Senalization.

• Electrical or mechanical connections.

C. Auxiliary means, equipment and tools.

• Use of the work team.

• Maintenance and verifications, manufacturer's manual, characteristics of the main elements, safety devices, documentation, lifting systems, etc.

D. Verification, identification and surveillance of the workplace and its environment.

• Necessary risks and preventive measures.

• Knowledge of the workplace environment (location of storage and waste material, proximity of connections). Scheduling tasks from a preventive point of view.

• Transit through the work (ditches, levels).

• Implementation in the workplace (prevention of falls from people to different levels, damage to third parties, etc.

E. Interference between activities.

• Concurrent or successive activities.

• Ventilation of the workplace. Noises.

• Senalization and transit.

F. Rights and obligations.

• General and specific regulatory framework.

• Organization of prevention.

• Promoting awareness of the importance of getting involved in the prevention of occupational risks.

• Participation, information, consultation and proposals.

Subsection Fourth: Criteria for training in the field of occupational risk prevention contained in the General Convention of the Construction Sector: multi-functional and multi-functional workers and validations

Article 163. Validation of the training in relation to the collection in the regulation of the prevention services as well as the one received by the safety and health coordinators.

1. In general, workers who provide their services in undertakings falling within the scope of this General Convention of the Construction Sector and who carry out their activities in the work must have at least the training initial.

2. However, workers who carry out activities corresponding to one of the trades referred to in Articles 145 to 162 of the Fifth General Convention of the Construction Sector shall be required to carry out the training corresponding to them. Trade that they develop. If they carry out tasks corresponding to trades whose training contents are not specified in it, they will have to carry out training according to the tasks they perform, following in any case the structure and the requirements set out in the the learning content of this Convention.

3. In relation to workers who have completed training in accordance with Royal Decree 39/1997 of 17 January approving the Regulation of the Prevention Services, or have received the training of Security and Safety and Health Coordinator For the construction according to the Technical Guide of Royal Decree 1627/1997 elaborated by the National Institute of Safety and Hygiene at Work, the following table of convalidations must be taken into account:

Convalidation of preventive training

Preventive training in Royal Decree 39/1997 and Royal Decree 1627/1997 Technical Guide	Convalidation with respect to the preventive training specified in the IV CCGSC
	level training	Initial training (art. 143). Managing staff (art. 145). Work and execution technicians (art. 146). Midwayers (art. 147). Prevention delegates (art. 148). Administrative (art. 149). Common trunk of trades (14 hours).
level training	Initial training (art. 143). Managing staff (art. 145). Work and execution technicians (art. 146). Midwayers (art. 147). Prevention delegates (art. 148). Administrative (art. 149). Common trunk of trades (14 hours).
	level training	Initial training (art. 143). Work and execution technicians (art. 146). Midwayers (art. 147). Administrative (art. 149). Common trunk of trades (14 hours).
	and health coordinator	Initial training (art. 143). Work and execution technicians (art. 146). Midwayers (art. 147). Prevention delegates (art. 148). Administrative (art. 149). Common trunk of trades (14 hours).

Article 164. Training contents and second cycle training convalidations specified in the CGSC for multi-function or multi-purpose workers.

After analyzing the contents of the training indicated in this Convention, the following conclusions are reached:

1. In the second cycle training, the existence of a common part (with a duration of 14 hours) and a specific part (with a duration of 6 hours) is detected.

A) The contents of the common part are as follows:

1) Preventive techniques (3 hours).

• Collective protection means.

• Individual protective equipment.

• Senalization.

2) Auxiliary media, equipment and tools (2 hours 30 min.).

3) Verification, identification and monitoring of the workplace and its environment (5 hours 30 min.).

• Risks.

• Knowledge of the workplace environment. Scheduling tasks from a preventive point of view.

• Handling of chemicals. Safety Data Tab. Symbology.

4) Interferences between activities (30 min).

• Concurrent or successive activities.

5) Rights and obligations (2 hours 30 min).

• General and specific regulatory framework.

• Organization of occupational risk prevention.

• Participation, information, consultation and proposals.

B) The contents of the specific part are as follows:

a) Specific training content for masonry:

Specific training content for masonry, whose module will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Facades (brick factory and cement coating).

-Internal distribution (partitions).

-Materials (ceramic, cardboard-plaster, plaster, ...).

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic). (60 minutes).

-Auxiliary media: scaffolding, work platforms, ... (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

b) Specific training content for formwork:

Specific formwork content for formwork, the module of which will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Formwork systems (forged, walls, beams, pillars, stairs, etc.). Materials used. Mounting and dismounting.

-Revenant techniques (pump, vat, chute, etc.).

-Vibrated.

-Work procedures.

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic) (60 minutes).

-Auxiliary media (scaffolding, concrete turrets, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

c) Specific training content for ferro-side:

The specific training content for ferralside, whose module will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Armed Ferralla in workshop or in work. Collection.

-Armed and assembled in forged, walls, trenches, beams, pillars, stairs, ramps, etc.

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic). (60 minutes).

-Auxiliary media (scaffolding, hand ladders, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

d) Specific training content for demolition and rehabilitation:

Specific training content for demolition and rehabilitation, the module of which will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Demolitions (structures, enclosures, covers, etc.).

-Downside (interior, facade, ...).

-Rehabilitation.

-Shell facades.

-Internal distribution and facilities.

-Risk identification (40 minutes).

-Position risk assessment (generic) (60 minutes).

-Auxiliary media (scaffolding, hand ladders, debris hoppers, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

e) Specific training content for plaster coating:

Specific training content for gypsum coating, the module of which will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.)

-Application over horizontal and vertical parament.

-Manufacture of the gypsum paste.

-Application techniques (projected, maestered, in good view, etc.).

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic) (60 minutes).

-Auxiliary media (scaffolding, hand ladders, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

f) Specific training content for quarrying:

The specific training content for the quarry, whose module will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Chapados and coatings.

-Escalations.

-Ventilated facades.

-Auxiliary structures.

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic). (60 minutes).

-Auxiliary media (scaffolding, hand ladders, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

g) Specific training content for painting:

The specific training content for painting, the module of which will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Painting outside and inside.

-Application techniques.

-Special Paintings.

-Preparing media.

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic). (60 minutes).

-Auxiliary media (scaffolding, hand ladders, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

h) Specific training content for soled and tiled:

Specific training content for soled and tiled, whose module will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Placement of inner and outer coatings.

-Large dimensions.

-Continuous coatings.

-Special pavements.

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic). (60 minutes).

-Auxiliary media (scaffolding, hand ladders, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

i) Specific training content for electricity:

The specific training content for electricity, the module of which will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Transform centers.

-General lines.

-Interim installation of work.

-Risk identification (40 minutes).

-Position risk assessment (generic) (60 minutes).

-Auxiliary media (scaffolding, hand ladders, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (25 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

-First aid in the face of electrical risk (20 minutes).

j) Specific training content for plumbing:

Specific training content for plumbing, the module of which will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Interim installations of work.

-Bajants.

-Installation hung

-Facilities in premises (services, kitchens, bathrooms, etc.)

-Urbanizations, wells, archets, ...

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic). (60 minutes).

-Auxiliary media (scaffolding, hand ladders, ...) (60 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Manual handling of loads (45 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (40 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Materials and products (tagged, safety data sheets, R & S phrases, ...) (25 minutes).

k) The specific training content for lifting devices, the module of which shall have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.)

-Types of machines and equipment, major components. Tower crane, hoists, machinage, mobile lifting platforms, telescopic handlers, etc.

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic) (60 minutes).

-Auxiliary media (machine or work equipment used, ...) (50 minutes).

-Work teams and tools: Risks and preventive measures (35 minutes).

-Stressed from the load (15 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (25 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Maintenance and verifications, manufacturer's manual, characteristics of the main elements, safety devices, lifting systems, documentation, etc. (50 minutes).

-Interferences between activities (20 minutes).

• Interferences with other machines.

• Operator action protocols in case of interference.

-Senalization (20 minutes).

l) Specific training content for land movement vehicles and machinery:

Specific training content for land movement vehicles and machinery, the module of which shall have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min.).

-Machine types. Transport machinery truck, dumper, earth moving machinery and compaction: bulldozer, loading shovel, backhoe, snowmobile, "jumbo", tenement/compactyta asphalt, etc.

-Risk identification (40 minutes).

-Position risk assessment (generic). (60 minutes).

-Auxiliary media (machine or work equipment, ...) (45 minutes).

-Work teams and tools: Risks and preventive measures (45 minutes).

-Maintenance and verifications, manufacturer's manual, characteristics of the main elements, safety devices, documentation, lifting systems, etc. (60 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (15 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Interferences between machines (20 minutes).

-Senalization and transit (30 minutes).

m) Specific training content for manual equipment operators:

Specific training content for manual equipment operators, the module of which will have a minimum duration of 6 hours, is schematic as follows:

1. Job definition (30 min).

-Equipment types. Tronder, table cutter (wood and ceramic material), radial, guillotine, polishing, pneumatic hammers etc.

-Work procedures.

2. Specific preventive techniques (5 hours 30 min.).

-Risk identification (40 minutes).

-Position risk assessment (generic) (60 minutes).

-Auxiliary media, work equipment, and tools: (60 minutes).

• Using machine or work equipment.

• Risks and preventive measures.

-Maintenance and verifications, manufacturer's manual, characteristics of the main elements, safety devices, documentation, lifting systems, etc. (60 minutes).

-Ergonomic aspects (20 minutes).

-Collective protection means (placement, uses, obligations and maintenance) (15 minutes).

-Individual protective equipment (placement, uses, obligations and maintenance) (15 minutes).

-Electrical or mechanical connections (15 minutes).

-The location of the workplace. Noise. (25 minutes).

-Senalization (20 minutes).

2. As a result, specific training actions of 6 hours may be developed for those workers who have previously completed a full 20-hour training course.

Article 165. Training actions for multi-functional and multi-purpose workers.

1. Given that certain workers in the sector have several trades, within the framework of the Sectoral Training Plan, training actions may be carried out which include several trades in accordance with the provisions of the preceding article:

2. The combination of training of different trades will be carried out according to the following training actions:

a) Multi-functional training action: two trades.

1. Masonry-plaster coating.

2. Masonry-Solados and tiled.

3. Formwork-Ferralside.

4. Plaster coating-Painting.

5. Plaster coating-Solated and tiled.

Duration of the formative action: 26 hours.

b) Multi-functional training action: three trades.

1. Masonry-Encofrates-Ferralside.

2. Masonry-plaster coating-Solated and tiled.

3. Plaster coating-Painting-Solados and tiled.

Duration of the action: 32 hours

c) Multi-functional training action: four trades.

Masonry-Plaster Coating-Painting-Solados and tiled.

Duration of the formative action: 38 hours.

d) Multi-functional training action: five trades.

Masonry-Formwork-Ferralside-Plaster Coating-Solados and tiled.

Duration of the action: 44 hours.

e) Multi-functional training action: six trades.

Masonry-Formwork-Ferralside-Plaster Coating-Painting-Solados and tiled.

Duration of the action: 50 hours.

3. As a consequence of the fact that the contents of the training action for manual equipment operators are, for the most part, included in the various related trades, it is not considered necessary to repeat them.

In any case, the training actions of 20 hours of duration are maintained for workers who only wish to perform one of the trades.

Section Fourth. Basic level of prevention in construction

Article 166. Training content for the basic level of prevention in construction.

The training content for the basic level of prevention in construction, whose module will have a minimum duration of sixty hours, is schematic as follows:

A. Basic concepts about health and safety.

• Work and health. The occupational risks. Risk factors.

• Damage from work. Accidents at work and occupational diseases. Other pathologies derived from work.

• Basic regulatory framework for the prevention of occupational risks. Basic duties and obligations in this area.

B. General risks and their prevention.

• Risks linked to security conditions.

• Risks linked to the environment of work.

• Workload, fatigue, and job dissatisfaction.

• Elementary risk control systems. Means of collective protection and personal protective equipment.

• Emergency and evacuation plans.

• Health control of workers.

C. Specific risks and their prevention in the construction sector.

• Different phases of work and their corresponding protections (networks, railings, scaffolding, work platforms, staircases, etc.).

• Implementation of work. Sanitary facilities, temporary facilities, etc.

D. Basic elements of risk prevention management.

• Public bodies related to health and safety at work.

• Preventive organization of work: basic "routines".

• Documentation: collection, processing, and archiving.

• Representation of workers. Rights and obligations (prevention delegates, safety and health committee, designated workers, etc.).

E. First aid.

• General procedures.

• Action Plan.

CHAPTER IV

Training Accreditation: Professional Building Card

Section First. Definition, functions, and beneficiaries

Article 167. Definition.

1. The Professional Card of Construction is the document issued by the Construction Foundation of the Construction which is a way of crediting, among other data, the specific training received from the sector by the worker in the field of the prevention of occupational risks, as well as the professional category of the worker and the periods of employment in the various undertakings in which he or she is active.

2. The Card, which shall be issued in accordance with the procedure laid down in this Chapter, is supported in a physical format in accordance with the model set out in Annex IV to this Convention and in a computer system enabling the holder to access telematically to your data and obtain certifications from them.

Article 168. Accreditation of training.

The Construction Work Foundation will establish a system of accreditation of training in the prevention of occupational risks received by workers in the sector. Such a system shall enable the worker to access and obtain certification of the data by telematic.

In addition, for the purposes of Law 32/2006 of 18 October 2006, a regulation of subcontracting in the construction sector, the system will allow companies to access the data of their employees. necessary for the accreditation of their training in the field of occupational risk prevention.

The Construction Work Foundation shall ensure, in accordance with current legislation, the protection of the personal data of workers who are included in the system.

Taking into account the size of the sector and the obligation laid down in Law 32/2006 of 18 October 2006 on subcontracting in the construction sector (Article 10.3), the parties consider TPC as a form of accreditation of training in the prevention of occupational risks by the worker and is at his disposal.

Article 169. Functions.

The Professional Construction Card has the following functions:

(a) Credit that the holder has received at least initial training in the field of occupational risk prevention in accordance with the provisions of this Convention and Law 32/2006 of 18 October 2006; subcontracting in the construction sector.

b) Credit the professional category of your holder and your experience in the sector.

(c) Credit that the holder has been subject to medical examinations in accordance with the provisions of this Convention.

d) Credit the training of all types received by the holder.

e) Facilitate the access of its holder to the services of the Construction Foundation.

Article 170. Beneficiaries.

1. They may apply for the Professional Construction Card for workers on the high, or in a situation of temporary incapacity, who provide their services to undertakings within the scope of the General Convention of the Construction.

2. The unemployed workers may also apply for the Card provided that they have at least 30 days of discharge in undertakings within the scope of the General Convention of the Construction Sector in the Thirty-six months immediately prior to the application.

3. Without prejudice to the foregoing paragraphs, the Board of Trustees of the Construction Work Foundation may establish the issuance of the Card without the need for prior application, in accordance with the criteria that it freely determines.

4. In any event, it is essential to obtain the Card for the receipt of initial training in the field of occupational risk prevention, in accordance with the provisions of this Convention.

5. Due to the impact of the economic crisis on our sector which has led to a decline in activity which may prevent workers with experience in construction and interested in obtaining the TPC from obtaining it for not gathering the the requirement to have worked in the construction for the last 36 months, as an exceptional measure, during the term of the present Convention for these workers is extended the period of the requirement to have worked in the construction in the last 60 months prior to the TPC request.

Section Second. Application and processing

Article 171. Request.

The Card may be requested by the beneficiary at any centre of the Construction Work Foundation as well as in the entities with which the Foundation has concluded the corresponding collaboration agreement for its processing.

Article 172. Documentation.

1. The application shall be made using the model set out in Annex V to this Convention.

2. The application must be accompanied, in addition to a meat-size photograph, a photocopy of the applicant's identity card or residence card and a work-life report issued by the General Treasury of Social Security within the the ninety days immediately preceding the application, and at least one of the following documents:

(a) A certificate of business for the Construction Work Foundation, issued in accordance with the model in Annex VI to this Convention.

b) A company certificate for the Public Employment Service.

c) Original or certified photocopy of salary receipts.

d) Original or certified photocopy of the work contract.

3. In addition, the certificate or certificate certifying that the applicant has received at least the initial training in the field of occupational risk prevention must be supplied in original or photocopy, in accordance with the provisions of this Regulation. Convention, issued by the Construction Work Foundation or by an entity approved as set out in this Chapter.

4. The following documents may be provided on an optional basis:

(a) Original or certified photocopy of academic certificates issued by the Ministry of Education, the Ministry of Employment, the Autonomous Communities or any other legally empowered body or entity.

(b) Photocopy of diplomas or academic certificates issued by the Construction Work Foundation.

(c) Certificates relating to the existence of medical examinations issued by the entity that performed them.

d) Other.

Article 173. Resolution.

The application file for the Card will be resolved by the Territorial Council Manager of the Construction Work Foundation corresponding to the address of the applicant. The resolution of the file and the delivery, where appropriate, of the Card to its holder shall be produced within the maximum period of one month from which the applicant has provided the necessary documentation.

In the face of the resolution of the case file, it will be referred to the corresponding Territorial Council of the Construction Work Foundation within 15 days of its notification.

Article 174. Expiration and renewal.

The Professional Card of Construction will expire five years after its issuance.

After that period, the holder may renew his/her card provided that he has at least 30 days of discharge in companies within the scope of the General Agreement of the Construction Sector in the period of Thirty-six months immediately prior to the renewal request.

The application for renewal shall be governed by the same procedure as the initial application, and the holder shall at least provide the documentation provided for in Article 172 (1) and (2

.

Section Third. Rights and obligations of the holder

Article 175. Rights of the holder.

1. The possession of the Card shall give rise to the rights set out in the General Convention of the Construction Sector and in the national sectoral agreements.

2. In any event, the holder of the Card shall have the right to access the data contained in his/her file and to obtain certifications relating to them, which he/she may request in any center of the Construction Work Foundation or to through the computer system that will be accessible through the Internet through personal key.

3. You shall also be entitled to request the modification, rectification or updating of the data contained in your file by providing, where appropriate, the appropriate supporting documentation.

Article 176. Obligations of the holder.

The holder of the Professional Construction Card will be obliged to:

a) Keep the Card in perfect condition.

b) Communicate to the Construction Work Foundation the possible modifications of the relevant data that appear in your file.

c) Communicate to the Construction Work Foundation, where appropriate, the theft or loss of the Card.

Section Fourth. Approval of training entities

Article 177. Requirements.

The entities that project to be approved by the Construction Work Foundation to provide training in the prevention of occupational risks, as provided for in Chapter III of the Book II of the present Convention, must meet the following requirements:

(a) Contar with the human, material and didactic resources that enable this training activity to be carried out, depending on the geographical scope of action and the number of students to be trained, according to the needs concrete.

b) Dispose of an endowment of teaching staff with an accredited training corresponding to the intermediate or higher levels according to the provisions of Royal Decree 39/1997 of 17 January, approving the Regulation of the prevention services, as well as personnel who have the training corresponding to the functions of coordinator in the field of safety and health in construction works.

In addition, the aforementioned staff will be knowledgeable about the specific preventive techniques applicable to the construction sector and will have an accredited experience in this field.

c) Apply the didactic contents that are approved by the Construction Work Foundation, in order to guarantee the homogeneity of the formative activity to be developed.

(d) Adopt the conditions to be established by the Construction Work Foundation for teaching hours, the number of maximum students per group, and the conduct of evaluation tests.

e) Contar, where appropriate, with the accreditation or approval required by the competent labour authority.

Article 178. Procedure.

The entities interested in being accredited must submit an application to the Construction Foundation. Together with that request, they shall provide an explanatory memorandum for the activity in which the following data shall be recorded:

a) Action Plan.

b) Territorial scope of action.

c) Annual programming, referring to the number of workers to be trained.

d) The provision of staff and degree of dedication to the development of training activity, indicating their qualifications and professional experience, as well as their training in the prevention of occupational risks, both general and related with the construction sector.

e) System of internal evaluation of the quality of teaching to be taught.

f) Location and detail of facilities (centers, premises, etc.).

g) Description of the material, didactic, and instrumental means to be devoted to this activity.

2. As the explanatory memorandum is assessed, the Executive Committee of the Construction Work Foundation shall decide on the application within two months, approving or refusing to grant approval.

3. At any time in the file, the Construction Work Foundation may require the requesting entity to submit additional documentation and the remedy for deficiencies. This requirement shall interrupt the period laid down in the preceding paragraph. After 15 calendar days from that requirement without having been duly addressed, the Executive Committee may file the file, with the request being rejected.

4. The Construction Work Foundation shall establish a register in which the entities carrying out this training activity shall be registered.

5. Accredited entities shall maintain the conditions on which their accreditation was based. Any modification of the same will be communicated to the Construction Work Foundation.

6. The Construction Work Foundation may verify compliance with the conditions set for the development of the training activity.

7. In any event, the Construction Work Foundation reserves the right to leave the accreditation without effect, when situations contrary to the conditions that gave rise to its concession are observed.

8. Where the withdrawal of the accreditation of any entity approved for the purpose of the TPC has been withdrawn, it shall also affect those entities which, by reason of the persons who govern it or other circumstances, may be presumed to have they are continued or derived, by transformation, fusion or succession of other entities in which those entities have attended.

Article 179. Processing of the Professional Card of Construction in the territorial scope of the Principality of Asturias.

The processing of the applications for the Professional Card of Construction that occur in the territorial scope of the Autonomous Community of the Principality of Asturias will be carried out by the Labor Foundation of the Construction of the Principality of Asturias following the procedure laid down in Section 2 of Chapter IV of Title III of Book II of this Convention.

The body responsible for the resolution of the application file and the procedure for incorporating the data into the system shall be those laid down in the protocol of action to which the Foundation agrees. Construction of the Construction and Construction Foundation of the Principality of Asturias.

TITLE IV

Minimum safety and health requirements applicable to construction sites

CHAPTER I

General Conditions

Article 180. Stability and robustness of materials and equipment.

1. The stability of materials and equipment and, in general, of any element which may affect the safety and health of workers shall be ensured in an appropriate and safe manner.

2. Stability and solidity must also be verified in an appropriate manner, especially after any modification of the height or depth of the job.

3. Mobile or fixed positions located above or below ground level shall be solid and stable taking into account:

-The number of workers who occupy them.

-The maximum loads that, if any, they may have to support, as well as their distribution.

-The external factors that might affect them.

4. The formwork, the temporary supports and the underpinnings shall be designed, calculated, mounted and maintained in such a way that the loads to which they are subjected can be borne without risk.

5. The metal or concrete structures and their elements, the formwork, the heavy prefabricated parts or the temporary supports and the underpinnings shall only be mounted or dismantled under the supervision, control and management of the competent staff.

6. The necessary measures must be taken to protect workers against the dangers arising from the temporary fragility or instability of the work.

7. Access to any surface consisting of materials that do not offer sufficient resistance shall be permitted only in the event that appropriate equipment or means are provided for the work to be carried out safely.

Article 181. Protection against the risk of falls in height.

1. Platforms, scaffolding and walkways, as well as the gaps, gaps and openings existing on the floors of the works which involve workers with a risk of falling height of more than 2 metres, shall be protected by means of railings or other systems of collective protection of equivalent security.

2. Work in height may be carried out only, in principle, with the aid of equipment designed for that purpose or using collective protection devices, such as railings, platforms or safety nets. If, by the nature of the work, this is not possible, secure means of access and use of anti-cancer systems or other means of equivalent protection shall be available.

3. In the case of work on roofs, collective protective measures must be taken to ensure that workers, tools or materials are prevented from falling, due to the height, inclination or possible character or slippery condition. Also, when working on or near fragile surfaces, appropriate preventive measures should be taken to prevent workers from inadvertently stepping on or falling through.

4. In order to avoid falls in the repair and maintenance work of covers, antennas, lightning rods, etc., the necessary protective measures shall be provided in each case, such as perimeter, hook or harness, etc.

5. When the nature of the temporary work in height (work on the discharge of smoke, towers, poles, high antennas, factory chimneys, etc.), it is not possible to use railings or other system of collective protection. have secure means of access such as safety belts with anchorage or other means of equivalent protection.

Article 182. Traffic lanes.

1. Road traffic, including stairways, fixed scales and loading springs and ramps shall be calculated, located, conditioned and prepared for use in such a way that they can be used easily, safely and in accordance with the (i) use to which they are intended and in such a way that workers employed in the vicinity of these routes of movement are not at risk.

2. Work platforms, walkways and communication staircases shall be constructed, protected and used in such a way as to prevent persons from falling or being exposed to falling objects. Its measures shall be in line with the number of workers to be used.

3. The floor of the platforms, scaffolding and walkways shall be made up of solid materials of a total minimum width of 60 centimetres, in such a way as to ensure the safety of the personnel running through them.

Article 183. Protection against the risk of falling objects.

1. Workers must be protected against the fall of objects or materials; for this purpose, collective protection measures shall be used, where technically possible.

2. Where necessary, completed steps shall be taken or access to hazardous areas shall be prevented.

3. The collection materials, equipment and working tools shall be placed or stored in such a way as to prevent their collapse, fall, rollover or detachment of adjacent land.

Article 184. Lighting.

1. The places of work, the interior premises and the road traffic in the work must be provided, as far as possible, with sufficient natural light, supplemented by artificial light if not sufficient. Portable lighting points with anti-crash protection shall be used where appropriate. The colour used for artificial lighting may not alter or influence the perception of signs or signalling panels.

2. The lighting facilities of the premises, the work stations and the traffic routes must be so placed that the type of lighting provided for does not pose a risk of accident to the workers.

3. The premises, workplaces and roads in which the workers are particularly exposed to risks in the event of a breakdown of artificial lighting shall have a safety illumination.

Article 185. Atmospheric factors.

Workers should be protected against inclement weather that may compromise their safety and health.

When the temperatures are extreme, especially in the known "heat waves" causing serious health consequences, the union representation will be able to propose different times to avoid the hours of greatest insolation.

Also, the works of protective creams of sufficient factor against atmospheric inclemences such as solar irradiation will be available.

Article 186. Fire detection and control.

According to the characteristics of the work and according to the dimensions and the use of the existing premises, the equipment present, the physical and chemical characteristics of the substances or materials present, as well as the number the maximum number of persons who can be found in them must be provided for in the prevention plan for a sufficient number of appropriate fire-fighting devices.

Such devices should be verified and maintained regularly.

Article 187. Exposure to particular risks.

1. Workers must not be exposed to harmful noise levels or to harmful external factors such as gases, vapours, dust, asbestos, vibrations, etc.

2. In the case where some workers are required to enter into a zone whose atmosphere may contain toxic or noxious substances, or not to have sufficient oxygen or flammable, the confined atmosphere must be controlled and must be take appropriate measures to prevent any danger.

3. In no case can a worker be exposed to a high-risk, confined atmosphere. It shall be at least under permanent surveillance from the outside and all appropriate precautions must be taken to enable it to be assisted effectively and immediately.

CHAPTER II

Scaffolding

Section First. General Conditions

Article 188. General conditions for the use of scaffolding.

1. Any scaffolding shall comply with the general conditions regarding materials, stability, resistance, safety at work and general safety, and the particulars concerning the class to which the scaffold corresponds, specified in the Royal Decree 1215/1997 of 18 July, as amended by Royal Decree 2177/2004 of 12 November 2004, as regards its use.

2. Other general conditions include the following:

(a) Scaffolding and its elements must be stabilised by fixation or by other means. Scaffolding whose intended use requires workers to be placed on them must have adequate means to ensure that access and permanence on such equipment does not pose a risk to their safety and health.

(b) In particular, where there is a risk of a height fall of more than 2 metres, the scaffolding must be fitted with railings or any other system of collective protection which provides equivalent safety. The railings must be resistant, of a height of at least 90 centimetres and of intermediate protection and of a foot-foot. The 1-meter-high railings are advisable.

(c) Collective protection devices against falls on the scaffolding may only be interrupted at points of access to a ladder or to a ladder.

(d) Where access to the scaffolding or the execution of a particular task requires the temporary withdrawal of a collective protection device against falls, provision should be made for compensatory and effective security measures, specify in the planning of the preventive activity. The work may not be carried out without the prior adoption of those measures. Once this particular work has been completed, either permanently or temporarily, the collective protection devices against falls will be put back in place.

e) Scaffolding shall have the strength and the necessary supporting or fastening elements, or both, so that their use in the conditions for which they have been designed does not pose a risk of falling by break or offset.

(f) The platforms that form the scaffolding floor shall be arranged so that they cannot move or give rise to the tilting, sliding or any other dangerous movement. The width will be precise for the easy circulation of the workers and the adequate storage of the useful tools, tools and materials for the work to be carried out in that place.

g) No more material than necessary to ensure the continuity of the work will be stored on the scaffolding and, at the end of the working day, it will be ensured that the minimum weight is deposited in them.

(h) In order to avoid falls between the scaffolding and the parts of the work being carried out, planks or chapels must be placed, depending on the nature of the elements to be used in the work, taking into account the spaces which are free between the Such parts and scaffolding-located at the level immediately below the level of the work in which the work is carried out-may not in any case exceed the distance between this ceiling and the level of the work of 1,80 metres.

i) Scaffolding must be installed and used in such a way that they cannot fall, dump or move in an uncontrolled way, endangering the safety of workers.

j) Scaffolding shall not be used in a form or in operations or under conditions which are contraindicated or not provided for by the manufacturer. They shall also not be used without the protection elements indicated for the operation in question. Scaffolding may be used only exceptionally in form or in operations or under conditions not considered by the manufacturer, if a risk assessment has been carried out in advance and the relevant measures have been taken. for removal or control.

k) Before using a scaffold it will be verified that its protection and conditions of use are adequate and that its assembly and use does not pose a danger to workers or third parties.

l) Scaffolding shall cease to be used if there are deterioration due to inclement or weather, or other circumstances that compromise the safety of its operation.

m) The dimensions, shape and layout of the platforms of a scaffold shall be appropriate for the type of work to be performed, be appropriate for the loads to be borne and allow the work and circulation to be carried out They are safe. The platforms of the scaffolding shall be mounted in such a way that their components do not move in normal use. There shall be no dangerous vacuum between the components of the platforms and the vertical devices for collective protection against falls.

n) Access to scaffolding platforms should normally be carried out through modules of service staircases attached to the sides, or the stairs integrated into the scaffolding itself. In no case is it allowed to climb through the crossbar structure of the scaffold.

o) The supporting elements of a scaffold shall be protected from the risk of sliding, either by attachment on the support surface, either by means of a non-slip device or by any other means the equivalent efficacy solution, and the bearing surface must be capable of sufficient capacity. The stability of the scaffold must be ensured. The unexpected displacement of the mobile scaffolds must be prevented by appropriate devices when work is being performed in height.

p) The floor of the platforms, scaffolding and walkways shall be made up of solid materials of a total minimum width of 60 centimetres, in such a way as to ensure the safety of the personnel travelling with them.

Article 189. Resistance and stability.

When the scaffold does not have a calculation note or when the intended structural configurations are not covered by it, a stress and stability calculation shall be carried out unless the scaffold is mounted according to the a generally recognized type configuration. This calculation must be carried out by a person with a university education who will enable them to carry out these activities.

Article 190. Mount, utilization, and dismount plan.

1. Depending on the complexity of the scaffolding chosen, a plan of assembly, use and disassembly must be drawn up. This plan must be carried out by a person with a university education who will enable them to carry out these activities.

2. This plan may take the form of a generalised application plan, supplemented by elements corresponding to the specific details of the scaffolding concerned.

3. For the purposes of the above paragraph, the assembly, use and dismantling plan shall be compulsory for the following types of scaffolding:

a) Variable-level suspended platforms (manual or motorized drive), temporarily installed on a building or a structure for specific tasks, and lifting platforms on mast.

(b) Andamios consisting of prefabricated elements supported on natural terrain, concrete soleras, forged, overwrought or other elements whose height, from the lower level of support to the crowning of the scaffolding, exceeds 6 meters or have horizontal elements that save flights and higher distances between supports of more than 8 meters. The scaffolding of chivaletes or borrítes is excepted.

(c) Andamios installed on the outside, on roofs, domes, roofs or higher structures whose distance between the level of support and the level of ground or ground exceeds 24 metres in height.

d) Access towers and mobile work towers in which the work is carried out at more than 6 metres high from the point of operation to the ground.

4. However, in the case of scaffolding which, despite being included among the above mentioned, have the CE marking (p. ex. suspended platforms of variable level, lifting platforms on mast), by means of application of a specific marketing standard, the said plan may be replaced by the specific instructions of the manufacturer, supplier or supplier, on the assembly, use and dismantling of equipment, unless such operations are carried out in a manner or under conditions or circumstances not provided for in those instructions.

In the case of those types of normalized scaffolds -p. ex. Prefabricated tubular metal or mobile access towers-which cannot be provided with CE marking-because of the absence of such a legal existence at European level-but their manufacturers have undergone the tests required by European Harmonisation Documents and the corresponding certificate of that product issued by a national certification body, as long as the "EC" marking requirement is not established, the possible replacement of the plan shall be applied. the manufacturer's instructions, provided that the scaffold is mounted according to the type configuration set out in the above instructions and for the operations and uses indicated therein.

Article 191. Assembly, supervision and training of assemblers.

1. Scaffolding may only be mounted, disassembled or modified substantially under the direction of a person with a university or professional training enabling him to do so, and by workers who have received adequate training and specific to the operations provided for in accordance with Annex II, paragraph 4.3.7 of Royal Decree 1215/1997 of 18 July, as amended by Royal Decree 2177/2004 of 12 November 2004.

2. Both the affected workers and the person to be monitored will have the assembly and disassembly plan included including any instructions it may contain.

3. When, in accordance with Royal Decree 1215/1997 of 18 July 1997, as amended by Royal Decree 2177/2004 of 12 November 2004, it is not necessary to draw up a plan for the assembly, use and dismantling of the planned operations, paragraph may also be addressed by a person who has an experience certified by the employer in this matter of more than two years and has the preventive training corresponding to at least the basic level functions.

Article 192. Scaffolding inspection.

1. Scaffolding must be inspected by a person with a university or professional training who can do so:

a) Before putting into service.

b) Then periodically.

(c) After any modification, period of non-use, exposure to weathering, seismic shocks, or any other circumstances that may have affected their resistance or stability.

2. When, in accordance with Royal Decree 1215/1997 of 18 July 1997, as amended by Royal Decree 2177/2004 of 12 November 2004, it is not necessary to draw up a plan for the assembly, use and dismantling of the planned operations, paragraph may also be addressed by a person who has an experience certified by the employer in this matter of more than two years and has the preventive training corresponding to at least the basic level functions.

3. The results of the periodic checks and inspections shall be documented and made available to the labour authority.

Section Second. Specific rules for certain types of scaffolding

Article 193. Specific rules for tubular metal scaffolds.

1. Tubular metal scaffolds are considered, in which all or some of its dimensions are determined in advance by means of joints or fixed attachment devices permanently on the components. They are composed of support plate (motherboard and spindle), modules, cross of Saint Andrew, and largueros or tubes of ends, longitudinal and diagonal. They are complemented by platforms, railings and sometimes integrated communication ladders.

2. The following particular safety conditions are set out in relation to these scaffolding.

(a) The tubular scaffolding, in any case, must be certified by a recognised certification body.

Tubular scaffolds that have not obtained a product certification by a recognized certification entity may only be used for those cases in which Royal Decree 1215/1997, July 18, amended by Royal Decree 2177/2004 of 12 November 2004 laying down the minimum safety and health requirements for the use by workers of the work equipment in the field of temporary work in accordance with Annex II (2) 4.3, does not require assembly, use and disassembly plan, this is for heights not exceeding 6 meters and not to exceed 8 meters of distance between supports, and provided that they are not located on roofs, domes, roofs, superior structures or balconadas more than 24 meters from the level of the ground or the ground.

b) In any case the material that forms the scaffold shall have the necessary mounting and maintenance instructions for its use.

(c) In no case shall the contractor or users be permitted to make changes in the initial design without the authorisation and intervention of the optional management or the security coordinator and without having carried out the assembly plan, corresponding use and disassembly.

d) The stability of the tubular scaffolds must be guaranteed at all times. The technician who supervises the correct execution of the works of assembly and disassembly of the scaffold, will give the precise instructions to both the assemblers and the workers subsequently users on the conditions to execute the works of appropriate way.

e) For work on the work platforms of the tubular scaffolds the following minimum requirements are required:

-The working platforms shall have a minimum width of 60 centimetres without continuity solution at the same level, with the necessary resistance and stability guaranteed in relation to the work to be carried out on them.

-The working platforms shall be metallic or other resistant and non-slip material, they shall have interlocking devices that prevent their accidental tilting and shall be marked, indelibly and visibly, with the load maximum permissible.

-The working platforms shall be protected by means of a metal railing of at least one metre of height, intermediate bar and foot with a minimum height of 15 centimetres on all sides of the contour, with the exception of the sides that distinguish the facade less than 20 centimeters

f) Access to these tubular structures will always be done by means of stairs either through specific modules attached to the sides, or by means of integrated steps of communication between the platforms. The hatches of access to the latter shall be closed, when they do not respond properly to this purpose. Only in cases that are duly justified in the safety plan or in the risk assessment can be done from the building, by means of properly protected platforms or gateways.

Article 194. Specific standards for scaffolding consisting of prefabricated elements, access towers and mobile towers.

1. With regard to the placing on the market of these types of scaffolding, and in accordance with the provisions of Royal Decree 1801/2003 of 26 December 2003 on general product safety, it is considered that a scaffold of this type is safe when it complies with the Mandatory regulatory provisions to establish safety and health requirements.

2. In the aspects of those regulatory provisions regulated by technical standards which are transposed into a harmonised European standard, it shall be presumed that such a scaffold is also safe when it is in conformity with such standards.

3. Where there is no applicable mandatory regulatory provision, or is not covered by all the risks or risk categories of this type of scaffold, in order to assess its safety and ensure the level of safety, the safety standards shall be taken into account. The following elements:

-National technical standards that are transposition of non-harmonised European standards.

-UNE Rules.

-Good practice codes.

-Current state of the knowledge and technique.

4. As regards the use of these types of scaffolding, the provisions of Royal Decree 1215/1997 of 18 July, as amended by Royal Decree 2177/2004 of 12 November 2004, will be dealt with.

Article 195. Specific rules for access towers and mobile towers.

1. In order to guarantee the stability of the access towers and the mobile work towers, their height (from the ground to the last platform) cannot exceed 4 meters per meter on the smaller side. If appropriate, and notwithstanding the above, the manufacturer's instructions must be followed (use stabilizers, increase the smaller side, etc.).

2. The wheels of the mobile work towers must be equipped with a rotation and translation device. The correct operation of the brakes shall also be verified. These towers should only be moved manually on firm, solid, level, and obstacle-free soil.

3. To avoid their tilting it is forbidden to move them with personnel or materials and tools on them.

4. It is not authorised to install pulleys or other lifting devices on these types of scaffolding unless they have been expressly designed by the manufacturer for that purpose.

5. These types of scaffolding should not be supported, in any case, on light material or low strength or stability.

6, Access to platforms of this type of scaffolding shall be carried out by the interior with steps or scales of integrated steps for that purpose.

7. It is forbidden to jump on work floors and establish bridges between a mobile work tower and any fixed element of the work or building.

Article 196. Specific rules for lift platforms on mast.

1. The platforms included in this section have the consideration of people lifting devices. Consequently, the Royal Decree 1644/2008 of 10 October 2008 laying down the rules for the placing on the market and putting into service of machinery is applicable and it is necessary for them to have the 'CE marking', the EC declaration of compliance and manual of instructions.

2. As regards the use of these platforms, the provisions of Royal Decree 1215/1997 of 18 July, as amended by Royal Decree 2177/2004 of 12 November 2004, will be dealt with.

3. Without prejudice to the above, and among others, the following measures must be complied with:

(a) The strength and stability of the support points shall be verified prior to their use.

(b) They shall be equipped with protection against the risk of indirect electrical contact and shall verify the absence of overhead power lines in the environment.

c) When they have lanes they must have perfect levelling, foundation and alignment, as well as stops at their ends. The transfers will be made with the workers ' evicted platform.

d) In order to prevent the risk of falling objects on third parties, the lower ground area shall be brought to a standstill and marked by preventing the passage under its perpendicular.

e) They should never be overloaded; the necessary materials will be distributed for the proper continuity of the work along the platform.

f) They should be periodically reviewed and not used in adverse weather conditions exceeding the manufacturer's schedule.

Article 197. Specific rules for suspended, manual or motorised variable level suspended platforms (hung scaffolding).

1. Like the platforms included in the previous article, they have the consideration of lifting devices for people, therefore, the Royal Decree 1644/2008, of October 10, which establishes the rules for the placing on the market and putting into service of machinery. Consequently, these teams are required to have the CE marking, the EC declaration of conformity and the manual of instructions in accordance with those rules. The technical documentation must reach all the elements of the platforms (fishing, counterweights, support cables, rigging and lifting and lowering mechanisms, barkeel and safety components). To those platforms which by their date of marketing or putting into service for the first time do not apply the referred Royal Decree 1644/2008, of October 10, must be in conformity according to the established in the Royal Decree 1215/1997, dated July 18.

2. As regards the use of these types of platforms, the provisions of Royal Decree 1215/1997 of 18 July, as amended by Royal Decree 2177/2004 of 12 November 2004, will be dealt with.

3. In addition to those contained in the manufacturer's instruction manual, the following safety standards must be complied with:

-The floor of the platforms must be a resistant, non-slip surface and must be subjected in such a way that it lacks any movement, either sliding or tilting, and can only be removed by a voluntary action.

-The suspended platforms must be equipped with guardrail, intermediate protection and socket mounted along the entire perimeter. The height of the railing shall not be less than 90 centimetres measured from the height of the railing to the ground. The distance between the railing and the intermediate protection, and between it and the socket must not exceed 50 centimetres the socket must not have a height of less than 15 centimetres above the ground.

-In the case of multiple platforms with two or more floors, one on top of the other, a hatch must be provided on the top floor and an integrated ladder allowing secure access between the floors. The hatch should be opened up and should not be able to stay open.

-It is expressly prohibited to communicate between two platforms suspended in parallel by overlapping gateways or to place the gateway between the platform and any other element.

-Access to platforms will be comfortable and secure. The access doors of the barks must not open to the outside and must be equipped with a system and interlock that prevents them from opening, if not by voluntary action.

-The distance between the floor and the front face of the platforms will be less than 30 centimeters. They must be equipped with a fixing or anchorage system which prevents movement during the operation of the entry and exit of the movement.

-The fish shall be mounted in such a way that the cables are fully perpendicular to the ground and parallel to each other.

-The platforms will be suspended from a minimum of two fisher.

-The accumulation of materials on these platforms is prohibited and should be placed on them, exclusively, the indispensable and precise to carry out the work. In no case shall the maximum load indicated by the manufacturer be exceeded.

-Special care will be taken in the uniform shooting of the cabos during the movements of promotions and descents, to avoid sudden jumps. These movements will be carried out with the downloaded platforms of material and during the same they will only remain on them the indispensable workers.

-The lifting devices used for the manoeuvres must have safety devices that prevent uncontrolled decreases and rotations, as well as interior guide devices for the cables.

-The hooks for securing the cables to the pescants must be fitted with a safety latch.

-These platforms must be coupled to secondary devices so that in the event of the cable-bearing cable they retain the same, preventing their fall such as: a double-cable suspension system independent of the support cables and equipped with a secondary brake, or a single cable suspension system associated with an anticancer device capable of retaining the platforms.

-Before its first use the whole assembly shall be subjected to a load test under the supervision of a competent person; likewise, on a daily basis and before use, must be inspected the elements submitted to effort, safety devices, etc.; this set shall be periodically reviewed in accordance with the manufacturer's instructions. All these revisions will be documented.

-In all lifting elements and accessories, their characteristics must be clearly identified. The maximum load and the maximum number of people who can use it must be reflected in the platform.

-Should not be used in adverse weather conditions that exceed what the manufacturer expects.

Article 198. Specific rules for border scaffolding.

1. They shall be made up of metal burrips in the form of inverted uve and horizontal metal planks or platforms.

2. These scaffolding will always be mounted leveled, never inclined is your support on fragile building materials such as bricks, bovels, etc..

3. Scaffolding of borrítes may be used up to 3 metres in height. Where the risk of falls is greater than 2 metres, guardrails or other systems of collective protection of equivalent safety shall be available.

4. Collective protection means (barrandillas, nets, etc.)

be used in the work on borrítes on balconies, terraces or in the proximity of openings with a risk of falls of more than 2 meters.

5. Planks or platforms forming the scaffolding floor (at least 60 centimetres wide) shall be anchored or tied to the rips.

Article 199. Specific rules for mechinal scaffolds.

When the scaffold is established based on the mechanics (square holes practiced in a work wall that allow the passage of the beams or tails of a scaffold) only its use will be allowed for works of little importance and with the condition that the height above the ground level or the ground level of the highest scaffolding does not exceed 5 metres.

It will be mandatory, in any case, for the use of anti-cancer systems by workers located on these scaffolding.

CHAPTER III

Collective protections, fixed or service scales, ladders and other equipment for temporary work in height

Article 200. Specific rules for interim edge protection systems.

1. With regard to the placing on the market of these systems, and in accordance with the provisions of Royal Decree 1801/2003 of 26 December 2003 on general product safety, an edge protection is considered to be safe when it complies with the requirements of the Directive. Mandatory regulatory provisions to set safety and health requirements.

2. In the aspects of these regulatory provisions regulated by technical standards transposing a harmonised European standard, it will be presumed that an interim system of border protection is also safe when it is in conformity with the rules. rules.

3. Where there is no applicable mandatory regulatory provision, or is not covered by all the risks or risk categories of the interim border protection system, in order to assess its security by always ensuring the level of security, Consider the following elements:

-National technical standards that are transposition of non-harmonised European standards.

-UNE Rules.

-Good practice codes.

-Current state of the knowledge and technique.

Article 201. Requirements for interim edge protection systems.

All the elements that make up the set of protection systems (main railing with a minimum height of 90 centimeters, intermediate railing, plinth or rhodae with a height above the working surface such that prevent the fall of objects and materials and posts) will be resistant. They shall be made up of rigid and solid materials; they may not be used as railings: ropes, tapes, chains or elements or materials designed for other uses, such as signalling or marking.

Article 202. Specific rules for safety nets.

1. With regard to the placing on the market of safety nets, and in accordance with the provisions of Royal Decree 1801/2003 of 26 December 2003 on general product safety, a safety net is considered to be safe when complying with the safety nets. Mandatory regulatory provisions to set safety and health requirements.

2. In the aspects of those regulatory provisions regulated by technical standards which are transposed into a harmonised European standard, it shall be presumed that a safety net is also safe when it is in conformity with such standards.

3. Where there is no applicable mandatory regulatory provision, or is not covered by all the risks or risk categories of the safety net, in order to assess its security by ensuring the level of safety, the safety net shall be taken into account. The following elements:

-National technical standards that are transposition of non-harmonised European standards.

-UNE Rules.

-Good practice codes.

-Current state of the knowledge and technique.

Article 203. Requirements for the use of security networks.

1. In the choice and use of safety nets, provided that it is technically possible for the type of work to be carried out, priority will be given to networks that prevent the fall from those that only limit or mitigate potential consequences of such falls.

(a) Regardless of the obligation to comply with the technical standards laid down for each type of network, they shall only be installed and used in accordance with the instructions laid down, in each case, by the manufacturer; study, prior to its assembly, the most appropriate type of network against the risk of falling height depending on the job to be performed.

The successive assembly and disassembly will be performed by trained and informed personnel.

b) The stability and solidity of the supporting elements and the good condition of the networks shall be verified prior to their use, subsequently on a regular basis, and each time their safety conditions may be affected by a modification, period of non-use or any other circumstance.

c) They will be stored in dry places.

2. Once the nets have been removed, the temporary edge protection systems must be reinstalled.

Article 204. Specific rules for fixed or service scales.

1. The fixed or service scales must comply with the requirements laid down in Annex I, paragraph 8, of Royal Decree 486/1997 of 14 April of places of work. They shall be protected from 4 metres in height, except in the case of wells, narrow ducts or other installations which, by virtue of their configuration, already provide such protection. For fixed scales of more than 9 metres rest platforms shall be established every 9 metres or fraction.

2. In the event that, due to the constitutive characteristics of the well itself, conduit or other facilities, the access needs or the performance of the work prevent the establishment of the aforementioned rest platforms, they shall be provided anti-cancer systems for use by workers.

Article 205. Specific rules for ladders.

1. With regard to the placing on the market of ladders, and in accordance with the provisions of Royal Decree 1801/2003 of 26 December 2003 on General Product Safety, it is considered that a ladder is safe when it meets the requirements of the Directive. Mandatory regulatory provisions to set safety and health requirements.

2. In the aspects of those regulatory provisions regulated by technical standards which are transposed into a harmonised European standard, it shall be presumed that a ladder is also safe when it is in conformity with such standards.

3. Where there is no applicable mandatory regulatory provision, or is not covered by all risks or risk categories on the ladder, in order to assess its security by ensuring the level of safety, the following shall be taken into account: The following elements:

-National technical standards that are transposition of non-harmonised European standards.

-UNE Rules.

-Good practice codes.

-Current state of the knowledge and technique.

Article 206. Requirements for the use of the ladders.

1. As regards the use of the ladders, the provisions of Royal Decree 1215/1997 of 18 July 1997 laying down the minimum safety and health provisions for the use by workers of the workers of the Member States of the European Community work equipment as amended by Royal Decree 2177/2004 of 12 November 2004 on working equipment in the field of work in height, including rules on scaffolding, ladders and access and positioning techniques by means of strings.

2. The ladders must comply with the requirements laid down in their specific rules. The following measures shall be taken into account, inter alia:

(a) The use of a hand ladder as a working height must be limited to the circumstances in which the use of other safer work equipment is not justified, by the low level of risk and by the characteristics of the sites that the employer cannot modify.

(b) The hand ladders must have the strength and the necessary supporting or fastening elements, or both, so that their use in the conditions for which they have been designed does not pose a risk of falling by breakage or displacement. In particular, the scissor ladders shall have security features to prevent their opening when used.

3. In addition, during their use, the following rules shall be complied with:

(a) The hand ladders shall be placed in such a way that their stability during use is assured. The support points of the ladders must be solidly seated on a support of suitable dimensions, and stable, resistant and immobile, so that the crossbar is in a horizontal position. The suspended stairs shall be fixed safely and, except for rope, so that they cannot be displaced and the balancing movements are avoided.

b) The sliding of the feet of the ladders shall be prevented during their use, either by fixing the upper or lower part of the stringers, either by means of any anti-slip device or by any another solution of equivalent effectiveness. The ladders for access purposes must be of the length required to excel at least one metre of the working plane to which it is accessed. Ladders composed of several adaptable or extensible elements shall be used in such a way that the reciprocal immobilization of the various elements is ensured. The stairs with wheels must have been fixed before accessing them. The simple hand ladders shall be placed, as far as possible, at an approximate angle of 75 degrees with the horizontal.

c) The ascent, the descent and the work from stairs will be carried out in front of them. The ladders must be used in such a way that the workers can at all times have a safe support and securing point. Works more than 3.50 metres high, from the point of operation to the ground, which require movements or hazardous efforts for the stability of the worker, shall only be carried out if an anti-cancer individual protective equipment is used or adopt other alternative protective measures. The hand transport of a load by a hand ladder shall be so that it does not prevent a secure attachment. The carriage and handling of loads by or from ladders shall be prohibited where the safety of the worker can be compromised by weight or dimensions. The hand ladders shall not be used by two or more persons simultaneously.

(d) No ladders shall be used, and in particular ladders of more than 5 metres in length on the strength of which there is no guarantee. The use of makeshift construction hand ladders is prohibited.

e) The hand ladders will be reviewed periodically. The use of painted wooden ladders is prohibited, due to the difficulty that this entails for the detection of possible defects.

Article 207. Access and positioning techniques by means of ropes.

1. The use of access and positioning techniques by means of ropes shall be limited to circumstances in which the risk assessment indicates that the work can be performed safely and in which the use of another equipment more secure work is not justified.

2. Taking into account the risk assessment, and in particular the duration of the work and the ergonomie requirements, a seat adapted to the worker and fitted with the appropriate accessories shall be provided.

3. Works with vertical techniques or access and positioning systems by means of ropes shall have the strength and the necessary supporting or fastening elements, or both, for use in the conditions for which they have been designed Do not pose a risk of falling by break or displacement.

4. The use of access and positioning techniques by means of ropes shall meet the following conditions:

(a) The system shall consist of at least two ropes with independent restraint, one as a means of access, descent and support (working string) and the other as an emergency means (safety rope).

(b) The workers shall be provided with appropriate harnesses, which they shall use and connect to the security rope.

c) The working string shall be equipped with a safe ascent and descent mechanism and shall have an automatic locking system in order to prevent the fall in case the user loses control of his movement. The safety rope shall be equipped with a mobile device against falls which follows the movement of the worker.

(d) The tools and other accessories to be used by the worker must be subject to the harness or the worker's seat or subject by other appropriate means.

5. With regard to the placing on the market of the elements used in the techniques of access and positioning by means of ropes, and in accordance with the provisions of Royal Decree 1801/2003 of General Security of the products, the Elements are safe when complying with the mandatory regulatory provisions that set the safety and health requirements.

6. In the aspects of those regulatory provisions regulated by technical standards which are transposed into a harmonised European standard, these elements shall also be presumed to be safe when they are in conformity with such standards.

7. Where there is no applicable mandatory regulatory provision, or is not covered by all the risks or risk categories of these techniques, in order to assess their safety and ensure the level of safety, the safety standards shall be taken into account. The following elements:

-National technical standards that are transposition of non-harmonised European standards.

-UNE Rules.

-Good practice codes.

-Current state of the knowledge and technique.

To all the elements that make up these techniques, except to the working rope itself and its mooring systems, the Royal Decree 1407/1992 applies to them and, consequently, they are required to have "CE marking", ' EC declaration of conformity and manual of instructions, in accordance with that rule.

Article 208. Requirements for the use of access and positioning techniques by means of ropes.

1. As regards the use of access and positioning techniques by means of ropes, the provisions of Royal Decree 1215/1997 of 18 July, as amended by Royal Decree 2177/2004 of 12 November 2004, will be addressed.

2. Workers using these access and positioning techniques shall have adequate and specific information and training for the intended operations. Such information and training shall cover the following aspects:

-The techniques for progression through strings and on structures.

-The fastening systems.

-The anticancer systems.

-The rules on care, maintenance, and verification of work and safety equipment.

-Rescue techniques for disabled people on suspension.

-Security measures against weather conditions that might affect security.

-Secure height-handling techniques.

Article 209. Specific rules for fly-over platforms for material unloading.

You must gather, among others, the following requirements:

-The platforms must be metallic, solid and secure; they shall be fixed by telescopic struts of floor to ceiling in number and layout indicated by the manufacturer.

-The platforms will be protected in their contour with perimeter railings, being removable the front to allow the discharge of materials. When you have a collapsible hatch on the floor, you must be equipped with a system that prevents access to the platform when the hatch is open.

-For work on the platforms the use, depending on the job's characteristics, a retaining belt arranged at a solid point of the work or an anticancer system is required.

-In no case shall they be overloaded above the maximum load provided by the manufacturer, which shall be indicated in an indelible and visible place.

Article 210. Specific rules for Mobile Personal Lifting Platforms (PEMP).

1. The platforms included in this section have the consideration of people lifting devices. Consequently, the Royal Decree 1644/2008 of 10 October 2008 laying down the rules for the placing on the market and putting into service of machinery is applicable to them and it is necessary for them to have the 'CE marking', the EC declaration of compliance and manual of instructions.

2. To those platforms which by their date of marketing or putting into service for the first time do not apply to them the referred to Royal Decree 1644/2008, of October 10, for which the rules for the marketing and placing in service of the machines, must be in conformity, in accordance with the provisions of Royal Decree 1215/1997, July 18, laying down the minimum requirements of safety and health for the use of the work teams.

3. As regards the use of these types of platforms, the provisions of Royal Decree 1215/1997, July 18, as amended by Royal Decree 2177/2004 of 12 November 2004, will be dealt with.

4. The following rules shall be complied with during their use:

-Operator personnel must be qualified and trained. Use and access to persons without authorisation shall not be permitted.

-They should not be used in operations or under conditions which are contraindicated by the manufacturer and the specifications laid down by the manufacturer in respect of their use and load limitation shall be met.

-The ground must be previously recognized where the platform should be moved, ensuring that it is level and stable.

-The platform must not be driven or circular by slopes higher than those indicated by the manufacturer.

-No higher volume and weight materials should be charged than the manufacturer has provided. The loads must be evenly spread across the floor of the platform.

-The absence of overhead power lines in the environment as well as the presence of fixed elements that interfere with the spatial displacement of the platform should be verified.

-The use of anti-cancer harness by workers is mandatory.

Article 211. Specific rules for baskets suspended by cranes.

1. This system of lifting persons and carrying out work in height should be used only exceptionally, when for the type of work to be carried out, the height to be raised, the duration of the use, and the characteristics or inaccessibility by other means to the site, safety study, safety plan or risk assessment shall determine that the choice of other safer equipment is not possible and provided that the technical documentation results in jobs can be performed safely.

2. In addition to the above mentioned above, the use of these baskets shall be limited to circumstances where the risk assessment indicates that the work can be carried out safely through the application of the principles of prevention. That is, after the appropriate work equipment and procedures have been chosen-taking into account the state of technological development-and workers have been trained and informed.

3. Their choice shall not be subject to economic criteria.

CHAPTER IV

Work of land movements, excavation, wells, underground works and tunnels

Article 212. Measures to be taken before jobs start.

Before starting the work of land movements, and digging, measures must be taken to locate and minimize hazards due to underground cables, as well as air and other distribution systems.

Article 213. Measures to be taken during jobs.

In the works of excavation in general, wells, underground works and tunnels will be taken the necessary precautions specified, if necessary, in the project of execution of the work, in order to avoid collapses according to the the nature and conditions of the land and the way in which such work is carried out.

Article 214. Accumulations of land, debris or materials.

Accumulations of land, debris or materials, and moving vehicles should be kept away from excavations or appropriate measures should be taken, where appropriate, by the construction of barriers, to avoid their fall in the same or the collapse of the land.

Article 215. Input and output paths.

Secure ways to enter and exit the excavation should be provided.

Article 216. Promotions and decreases in workers.

It is forbidden to use the fabric itself, to be buried or shrunk for the descent or ascent of the workers. For this purpose, ladders shall be used, taking the appropriate safety measures.

When lifts are used for the rise and fall of workers in the wells, the corresponding safety measures shall be taken.

Article 217. Ventilation.

Good ventilation-natural or forced-will be available in the underground wells and galleries, taking the necessary measures to ensure that the workers have sufficient healthy air.

Article 218. Hazardous or toxic atmospheres in atmospheres.

Prior to the start of work in which hazardous or toxic atmospheres may exist, the corresponding working procedure must be developed.

In any case, the following preventive measures will be included in this procedure:

(a) Before accessing wells or galleries where, due to special circumstances, the existence of a dangerous or toxic environment is to be feared, the necessary tests and measurements shall be made to ascertain the state of the atmosphere; Measures to prevent the formation and accumulation of explosive atmospheres should also be taken.

(b) Workers may not enter until after taking appropriate precautions to prevent any accident from intoxication, suffocation or explosion.

(c) Work in confined spaces shall be supervised and access to unauthorised workers shall not be permitted and shall not be sufficiently qualified, trained and informed of the relevant risks.

(d) When in the course of the work, symptoms which cause a serious danger or lack of oxygen to be feared, the supervisor of the work must be immediately taken into account, the activity will be suspended and immediately leave the workplace.

Article 219. Underground jobs.

The underground works must be fully equipped with an electric lighting capable of providing adequate illumination to the tasks performed on them; to avoid the risks arising from the failure of the lighting (i) an additional safety system to ensure the evacuation of staff in the event of lack of power. If artificial lighting is impossible, individual lighting workers will be provided.

Article 220. Measures in case of fire, irruption of water or fall of materials.

In excavations, wells, underground works or tunnels, appropriate precautions must be taken to prevent accidental water disruption through appropriate systems or measures, and to enable the workers can be safely placed in the event of a fire, water disruption or falling materials.

CHAPTER V

Other specific jobs

Section First. Demolition work

Article 221. General provisions on demolition work.

Demolition or demolition work likely to pose a danger to workers shall be considered, planned and undertaken under the supervision of a competent person and shall be carried out taking precautions, appropriate methods and procedures.

Article 222. Measures to be taken before jobs start.

Prior to the beginning of the work, the conditions of the building and the pre-existing facilities must be analyzed, investigating, for the adoption of the necessary preventive measures, their use or previous uses, conditions for the preservation and stability of the work as a whole, of each part thereof, and of adjacent buildings.

The result of the previous study will be carried out in a demolition plan in which the chosen technique will be composed as well as the people and the most appropriate means to carry out the work.

Article 223. Measures in the case of the presence of asbestos or hazardous waste.

When the building has asbestos incorporated, or hazardous waste will be taken into account the regulations applicable in particular Royal Decree 396/2006, of March 31, and Law 10/1998, of December 5, in addition to the provisions of autonomic character, respectively.

Article 224. Performances before demolition.

Before the start of the demolition it will be necessary to neutralize or to cancel the installations of electricity, gas and water existing in the area of execution of the works. To do this, it is necessary to empty the tanks, pipes, counters, including the connection to the sanitation network.

Article 225. Debris evacuation.

For the disposal of debris during the completion of the demolition work, the following measures shall be taken into account, inter alia:

-Avoid gathering of materials that can overload the forged.

-Not throwing debris. These will be evacuated through canfins, hoppers, bats, etc.

-To reduce the distance from the materials, the lower extremity of the evacuation line will be adequately protected by screens, tarps, etc. In any case, the vertical projection of the conduit shall be limited in the final sections of the duct.

-It will be necessary to water the debris to avoid dust formation.

Section Second. Jobs with explosives and in compressed air drawers

Article 226. Carrying out work with explosives and in compressed air drawers.

The performance of these jobs will be in accordance with their specific regulations.

CHAPTER VI

Work equipment and work machinery

Section First. General provisions

Article 227. Lifting appliances.

To these devices, the Royal Decree 1644/2008 of 10 October, laying down the rules for the placing on the market and putting into service of the machines, is applicable to them, and it is necessary for them to have the " EC ", EC declaration of conformity and manual of instructions.

Those devices which by their date of marketing or putting into service for the first time do not apply the referred to Royal Decree 1644/2008, of October 10, for which the rules for the marketing are established and put into service of the machines, must be in conformity according to the provisions of Royal Decree 1215/1997, July 18.

With regard to the use of these devices, the provisions of Royal Decree 1215/1997 of July 18, as amended by Royal Decree 2177/2004 of 12 November 2004, will be dealt with.

Article 228. General conditions of the lifting apparatus.

1. Lifting apparatus and lifting accessories, including their constituent parts, fixing, anchorages and supports, must:

-Be good design and build and have sufficient resistance to the intended use.

-Install and use correctly.

-Staying in good working order.

-Be managed by qualified and authorized workers who have received adequate training.

2. In lifting apparatus and in the lifting accessories, the indication of the value of its maximum load must be placed, in a visible manner, which must in no case be exceeded.

Lifting devices as well as their accessories may not be used for purposes other than those to which they are intended by the manufacturer.

3. During the use of the lifting apparatus, the following measures shall be taken into account, inter alia:

-Control the stability of the terrain or the support base of the lifting apparatus.

-Review the status of cables, chains, and hooks, and override the slings of steel cables that are crushed, have broken threads, etc.

-Know the operator the maximum permissible load, not only of the lifting machinery or equipment, but also of the auxiliary means to be used for the slingling (cables, hooks, etc.).

-Study the route to be carried out with the load to its eventual or final location, in order to avoid interference in this route.

-The load and unload operation, if required, will be monitored by specialized personnel.

-If in the operation there is a lack of operator's vision, it will be assisted by the corresponding assistant or senalist.

-The correct slingling or bringling of the parts shall be checked to prevent uncontrolled displacements and to neglect loads.

-Start movements, stop and any other manoeuvres will be smoothly executed.

-It is forbidden to transport people with load lifting equipment.

-Special care will be taken with radio-directed lifting equipment due to possible interferences with other frequencies.

-Never leave the cranes in a rest position.

-Should not be used in adverse weather conditions that exceed what the manufacturer expects.

4. Parking or circular is prohibited under suspended loads.

5. Lifting appliances shall be examined and tested before they are put into service. Both aspects will be properly documented.

6. The suspension hooks shall have a safety device which prevents the uncoupling or fortuitous fall of the suspended loads.

Safety measures will be tightened, with special care to prevent lifting devices from being able to impact the overhead power lines close to the workplace or the path taken by those in their travel; it must be kept at the minimum distance required by the rules to avoid electrical contacts. The same measures shall be taken in respect of loads suspended by such lifting apparatus.

Article 229. Specific conditions of the tower cranes.

1. The tower cranes must comply with the provisions of Royal Decree 836/2003 of 27 June, approving the ITC-MIE-AEM-2 of the Regulation of lifting and handling equipment, concerning tower cranes for works or other applications.

2. Cranes must not be used to perform oblique tractions, to remove attached loads or foreign operations to the function thereof.

3. Loads that exceed the one allowed and indicated by the manufacturer must not be raised with the crane.

4. It is prohibited to balance the loads carried with the cranes to discharge them beyond the reach of the cranes.

Article 230. Specific conditions for self-propelled mobile cranes.

1. The self-propelled mobile cranes must comply with Royal Decree 837/2003 of 27 June, approving the ITC-MIE-AEM-4 of the Regulation for lifting and handling equipment for self-propelled mobile cranes.

2. The self-propelled mobile cranes must be parked in the established places, suitably level, and with supporting plates for the distribution of the stablecoins.

Article 231. Specific conditions of the hoists.

It is forbidden to climb or lower people in the hoists. Such a ban should be properly signposted. The maximum permissible load of the same shall be indicated.

The landing zones of the hoists, at each stop, will be adequately protected with elements that maintain the closed gap while the platform is not scraped at the stop. These elements will prevent the platform from scrolling if any of them are open.

At the bottom of the platform of the hoists, an obstacle detector must be installed connected to a device that stops the movement of the device when it comes down, in order to avoid trapping.

In the lower area where the base of the hoist structure is based, a suitably marked perimeter protection must be established.

Article 232. Specific conditions of mechanical cabestrant or machineering.

For the installation and use of mechanical cabestrants or machinillos, the instructions given by the manufacturer shall be taken into account.

The operator of the mechanical or machined winch shall, depending on the characteristics of the workstation, use a fixed and resistant fixed-point retaining belt, other than the sling itself, or a system anticancer.

In the lower loading and unloading area of the mechanical cabestrants or machinillos, protected zones shall be established to prevent access to the same properly signposted.

During the load-carrying operations with the mechanical or machined cabestrants, it shall be monitored that the travel path of such loads is free of obstacles.

Section Second. Earth moving machinery

Article 233. General provisions.

This machinery applies to Royal Decree 1644/2008 of 10 October 2008 laying down the rules for the placing on the market and putting into service of machinery and requiring them to have the "CE marking", 'CE' declaration of conformity and manual of instructions.

That machinery which, by its date of marketing or putting into service for the first time, does not apply to the referred to Royal Decree 1644/2008 of 10 October, laying down the rules for the marketing and put into service of the machines, must be in conformity, in accordance with the provisions of Royal Decree 1215/1997, of July 18.

With regard to the use of this machinery, it will be in accordance with the provisions of Royal Decree 1215/1997, of July 18.

Article 234. General conditions of the land movement machinery.

Ground movement machinery must comply, among others, with the following rules:

a) You must comply with the provisions of your specific regulations.

b) Specifically, you must:

-Be well-projected and constructed, taking into account, as far as possible, the principles of ergonomics.

-Staying in good working order.

-Use correctly.

(c) Drivers and personnel in charge of land movement machinery shall receive appropriate training and information.

d) Preventive measures should be taken to prevent them from falling into excavations or water.

e) Where necessary, this machinery must be equipped with structures designed to protect the driver against crushing in the case of machine overturning, and against falling objects.

Article 235. Other preventive measures applicable to land movement machinery.

Among other preventive means applicable to the earthmoving machinery, we can quote:

-The machinery must be parked in the established places and duly carriageway when the circumstances make it necessary.

-Signs, beacon, etc. are to be installed for warning of vehicles circulating.

-Fires must be made to avoid dust emission that can make it more difficult to view the work.

-The different operations performed with the machines will be prevented from affecting overhead or underground power lines, or other pipelines.

-The height of the front of the excavation or boot will be appropriate to the characteristics of the machine.

-In order to avoid collisions, the machinery's routes will be defined and marked by the work.

-Before putting into service the machinery will check the condition of the braking devices, tires, battery, oil levels.

-The operator or driver operating the machine must be qualified and authorized with the training and knowledge about the safety measures in relation to the work of the machine.

-The land movement machinery shall not be used as a means for the transport of persons, unless the equipment has seats provided by the manufacturer for that purpose.

-Machinery will not be abandoned with the engine running.

-People will not be allowed to stay in the vicinity of the machinery's radius of action.

Section Third. Other work equipment

Article 236. General provisions of the work teams.

These equipment, except for manual or motor-free tools, are applicable to Royal Decree 1644/2008 of 10 October 2008 laying down the rules for the placing on the market and putting into service of machinery, and they are required to have the 'CE marking', the 'EC' declaration of conformity and the instruction manual.

Those equipment indicated in the preceding paragraph which, by their date of marketing or putting into service for the first time, do not apply to them the referred to Royal Decree 1644/2008 of 10 October, for which they are established the rules for the placing on the market and putting into service of the machinery must be in conformity, in accordance with the provisions of Royal Decree 1215/1997 of 18 July 1997.

With regard to the use of these equipment, it will be in accordance with the provisions of Royal Decree 1215/1997, of July 18.

Article 237. General conditions applicable to these work equipment.

1. Irrespective of the above in sections on work equipment and machinery, the remaining work equipment must comply, inter alia, with the following rules:

a) Adjusting to the provisions of your specific regulations.

(b) Equipment, including manual or non-powered tools, shall:

-Be well designed and constructed, taking into account, as far as possible, the principles of ergonomics.

-Staying in good working order.

-Use only for jobs that have been designed.

-Be handled by workers who have received training and adequate information.

(c) Persons in charge of the management of the different work teams shall have appropriate training for each team and be expressly authorised to use them.

2. Spare parts, spare parts, etc., of the various work equipment shall be in conformity with the characteristics indicated by the manufacturer.

CHAPTER VII

Power supply and delivery facilities. Storage of fuels and hygiene-sanitary facilities

Section First. Electrical installations

Article 238. General provisions of electrical installations.

1. In any case, and with the exception of specific regulations, electrical installations must satisfy, inter alia, the conditions set out in the following paragraphs.

2. The electrical installation must comply with the provisions of its specific rules. It is worth mentioning, among others:

-Royal Decree 614/2001 of 8 June on Minimum provisions for the protection of the health and safety of workers in the face of electrical risk.

- Royal Decree 223/2008 of 15 February 2008 approving the Regulation on technical conditions and safety guarantees in high-voltage power lines and their complementary technical instructions ITC-LAT 01 to 09.

-Royal Decree 842/2002 of 2 August 2002 and its accompanying technical instructions (ITC) approving the electrotechnical regulation for low voltage.

-Royal Decree 3275/1982 of 12 November on technical conditions and security guarantees in power stations and processing centres.

3. Installations shall be designed, carried out and used in such a way as not to be in danger of fire or explosion and to ensure that persons are adequately protected against the risks of electrocution by direct or indirect contact.

4. The project, the performance and the choice of the material and the protective devices shall take into account the type and power of the energy supplied, the conditions of the external factors and the competence of the persons who have access to parts of the installation.

-The degree of protection of the elements of the electrical installation that are in the open will be IP 45.

-The degree of protection against mechanical impacts will be IK 0.8.

5. These facilities must be verified and maintained on a regular basis by qualified and authorised personnel, as set out in Royal Decree 614/2001 of 8 June, or by authorised electrical fitter.

6. Existing electrical installations prior to the start of the work must be located, verified and clearly marked.

7. When there are overhead power lines that can affect safety in the work, it is necessary to divert them out of the enclosure or leave them without tension. If this is not possible, barriers or warnings will be placed to keep vehicles away from these lines. In the case of vehicles of the work having to move under the laying, a warning sign and a height delimitation protection shall be used with their corresponding galibo signalling.

8. In no case shall the connections to the base of the strip be permitted with the naked terminals. To this end the corresponding plug will be used.

Article 239. Electrogens.

In the case of use of generators, according to Royal Decree 842/2002 of 2 August, an installation project will be drawn up by a competent technician, when the power of the same exceeds 10 kilowatts.

Section Second. Other power supply and delivery facilities

Article 240. Pressure equipment.

1. Installations and pressure equipment, as well as other installations, must comply with the provisions of their specific rules.

2. The repair and maintenance operations of these installations shall be carried out by authorised installation entities.

3. Spare parts, spare parts, and other parts of these installations shall conform to the characteristics indicated by the manufacturer.

Article 241. Fuel storage.

1. The storage and, where appropriate, the distribution of fuel shall be in accordance with its specific rules.

2. The repair and maintenance operations of these installations shall be carried out by authorised installation entities.

3. Spare parts, spare parts, and other parts of these installations shall conform to the characteristics indicated by the manufacturer.

4. The fuel storage areas must be properly marked and equipped with the appropriate means of fire extinguishing and must be conveniently removed from other installations, in particular hygiene and health welfare.

Section Third. Conditions of the hygienic-sanitary facilities in the works

Article 242. General conditions.

1. Construction works will be equipped with health and common services, depending on the number of workers to be used. These facilities will be progressively adapted as workers are incorporated, including those of sub-contractors and self-employed workers, in keeping with the number of workers who are employed. simultaneously tasks in the work.

2. In those works which have a basic study or study of safety and health, in accordance with the provisions of Royal Decree 1627/1997, these installations will be defined in the safety and health plan of each contractor according to the provisions of the the relevant study.

3. Works may not be initiated without having previously fixed, by means of fixed, provisional or prefabricated modules, the conditions referred to.

4. In those works conditioned by the need for rapid and urgent intervention, planned and not foreseen, or of little technological and economic importance that require little time for their execution, such as, among others: (a) alternative solutions for this type of work, services, services, sinkholes or road sinks, bacheo or repairs on public roads, demolitions, stoning or urgent reinforcement of structures, repairs on decks, etc. type of facilities.

Article 243. Hygienic services.

1. Where workers have to wear special work clothing, or dirty work is carried out, they must have adequate changing rooms at their disposal.

The changing rooms must be easy to access, have enough dimensions and have seats and facilities that allow each worker to dry, if necessary, his or her work clothes. The changing rooms will be equipped with a heating system in winter.

When circumstances require, due to the presence of dangerous substances, moisture, dirt, work clothes should be able to be kept separate from street clothes and personal effects.

In any case, each worker must be able to have a space to place their clothes and their personal objects under key.

2. Where the type of activity or wholesomeness so requires, appropriate and sufficient number of showers shall be made available to the workers at the rate of one per 10 workers or fraction who are engaged in activities simultaneously in the work.

Showers should have sufficient dimensions to allow any worker to be unhindered and in proper hygiene conditions. The showers must have running water, hot and cold.

This will also install sinks, one for every 10 workers or fraction who develop activities simultaneously in the work, with running water, hot, if necessary.

toilets will also be installed, one for every 25 workers or fraction who develop activities simultaneously in the work.

If showers or washbasins and changing rooms are separate, communication between each other should be easy.

3. Changing rooms, showers, washbasins and toilets shall be separate for men and women, or a separate use shall be provided.

Article 244. Rest rooms or accommodation in the works.

1. Where the safety or health of workers is required, in particular because of the type of activity or the number of workers, and for reasons of distance from the work, those workers must be able to have rest rooms and, where appropriate, local of easy-to-access accommodation.

2. Rest or accommodation premises must have sufficient dimensions and be furnished with a number of tables and seats with support in accordance with the number of workers.

3. Where there are no such premises, other facilities must be made available to staff so that they can be used during the interruption of work.

4. Where there are fixed accommodation premises, they must be provided with sufficient hygiene services, as well as a dining room and a recreation room. Such premises shall be equipped with beds, closets, tables and chairs with support in accordance with the number of workers, and the presence of workers of both sexes shall be taken into account in their case and for their assignment.

5. In the works the workers must have facilities to eat and, where appropriate, prepare the food in safety and health conditions. These facilities will be in line with the number of workers to be used. The same will provide ovens for food, sufficient ventilation, heating, and proper hygiene and cleaning conditions.

Article 245. First aid.

1. It will be the responsibility of the employer to ensure that first aid can be provided at all times by staff with sufficient training to do so. Measures should also be taken to ensure evacuation so that medical care can be taken by workers who are injured or affected by sudden indisposition.

2. The employer shall establish in his emergency measures procedures relating to the organisation of first aid, evacuation and transfer of accidents. Such measures should be known to all persons whose participation is envisaged for the development of such measures.

3. Where the number of workers in a work exceeds 50, the number of workers shall be available for first aid and other health care.

4. Where local first aid is necessary, they must have at least one kit, a stretcher, drinking water and other materials depending on the existence of specific risks.

5. The linear extension works shall be equipped with botiquines, at least portable, in the most significant places of work or of high concentration of workers.

6. In all works there will be personnel with first aid knowledge.

In addition to all work centres for which the number of workers is greater than 250, a health technical assistant must be at the head of the work kit.

7. In a visible place, information will also be available in which the nearest health centre will be placed on the site as well as the most recommended route for accessing it, and how many telephones are needed in case of urgency. In the linear works this information will also be available in the most significant workplaces.

Article 246. Water supply.

In the work, the workers must have sufficient drinking water, both at the premises and near the jobs.

Article 247. Visits to the works.

In anticipation of visits to the works by persons other than those themselves or who do not provide services as usual (technical staff or optional management, inspectors and visitors of official bodies, (c) an allocation of the necessary individual protection equipment must be available in each case, which they shall be obliged to use as long as they remain in the work.

Article 248. Miscellaneous provisions.

1. The access and the perimeter of the work must be marked and highlighted in such a way that they are clearly visible and identifiable and prevent the passage to third parties.

2. The water service shall be organised by running water taps, free vending machines, water sources or pumps or in clean containers in sufficient quality and in perfect hygiene conditions.

3. In the works to be done in the countryside, the companies will build barracks and sheds for the protection of the staff in case of rain. Awnings will also be available to protect staff from inclement weather.

4. In the particularly dirty work, for example, of road charters, mechanics, etc., which, due to the dirt on them, will result in a further deterioration of the working garments, they will be replenished, regardless of the date of delivery and the average duration provided for in the respective conventions.

TITLE V

Minimum safety and health requirements applicable in quarries, areneras, grainas and the exploitation of industrial land.

Article 249. Minimum safety and health requirements applicable in quarries, areneras, grainas and the exploitation of industrial land.

In addition to applying all those aspects that in Title IV of this Book II of the Convention could be employed in the quarries, aréneras, grainas and industrial land holdings, will be the provisions of the Royal Decree 1389/1997, as well as the specific regulations that develop it.

TITLE VI

Health surveillance.

Article 250. Health surveillance.

In the medical examinations carried out by the workers subject to this collective agreement, the medical protocols published by the Ministry of Health, Social Services and Equality will be enforced. the specific risks of each job.

Transient Disposition First

As long as the incorporation into this Convention of the professional classification provided for in Article 28 does not occur, the following table of levels will be applied, in accordance with the contents of the previous General Conventions of the Sector:

Level I: Managing Personnel.

Level II: Staff Titled Higher.

Level III: Personal Media, Chief Administrative Officer 1st, Chief Sec. Org. 1.

Level IV: Chief of Staff, Work Assistant, Factory General, General Charge.

Level V: Chief Administrative Officer of 2nd, Senior Delineant, General Manager of Work, Head of Section of Scientific Organization of the Work of 2nd, Head of Purchasing.

Level VI: 1st, 1st, 1st, Head, or Workshop-Encharged Administrative Officer, Laboratory Section-Enloaded, Stone and Marble Sculptor, 1st Topography Practice, Organization Technician

.

Level VII: 2nd, 2nd, Organization Technician, Practical Topography of 2nd, 1st Analyst, Traveller, Capataz, Office Specialist.

Level VIII: 2nd Administrative Officer, Plaza Corridor, Office 1st Officer, Control Inspector Senalization and Services,

.

Level IX: Administrative Auxiliary, Topographic Assistant, Organization Auxiliary, Vendors, Conserje, 2nd Office of Office.

Level X: Laboratory Auxiliary, Vigilant, Store, Nurse, Collector, Guards-jury, Office Assistants, Specialists of

.

Level XI: Specialists of 2nd, Specialist Pawn.

Level XII: Ordinary Pawn, Cleaning/a.

Level XIII: Buttons and Pinches from sixteen to eighteen years.

Level XIV: Workers in training.

Second transient disposition.

The provisions of this Convention which contain the various economic increases and clauses relating to them derive from the provisions of the minutes of the meeting of the Negotiating Committee of the Fourth General Convention of the Construction sector, taking into account the special difficulties experienced by the sector and the economic crisis in Spain.

Additional disposition first.

According to the provisions of Article 10 (b) of Royal Decree 1698/2005 of 18 November 2011 regulating the legal regime and the general procedure for establishing reducing coefficients and anticipating age In the case of a retirement in the social security system, the organisations which are signatories to the present General Convention, who are sensitive to the situation in which work is carried out in the construction sector, consider it appropriate to (a) the establishment of reducing coefficients, or, where appropriate, the anticipation of the age of access to the retirement of the workers concerned.

Additional provision second.

The Joint Committee on Safety and Health at Work will update the Book II of this Convention, giving the Joint Committee of the Sector the opportunity to study its possible incorporation into the text of this Convention.

Additional provision third. Temporary scope: Exceptions.

By way of derogation from Article 7, articles relating to "economic increases" (Article 52), the "wage guarantee clause" (Article 53) and the provisions of Article 7 are not covered by the temporary scope. Article 50 (3) concerning the formula for the updating of the annual gross minimum remuneration, which in any event shall be extended until 31 December 2012, with effect from that time without effect until the date of negotiation and approval of a new convention.

ANNEX I

This Convention's Application Field

This collective agreement shall be applicable and enforced in the following activities:

a) Those dedicated to Construction and Public Works, understanding:

-Masonry.

-Concrete.

-Painting for decoration and wallpaper.

-Carpentry to assemble.

-Embedded and welded.

-Started and cobbled.

-Sculpture, decoration and plaster.

-Stated and revoked.

-Stone and marble, including factories and workshops of saw and labra, both mechanical and manual.

-Work Portlandists.

-Poceria.

-Canteras, grainas, areneras and the exploitation and manufacture of industrial lands, well exploited to the open sky, galleries or mines and vets exploited for their own use by the companies dedicated mainly to the construction and public works in general, even if the production is not fully absorbed by them.

-Canteras, grainas and areneras, whose subject matter is destined for construction and public works and not directly exploited by construction companies.

-The jobs that are performed at the ports, on dry land, piers, and spikes.

-Manufacture of auxiliary and building materials for their exclusive or preferential use and consumption, absorbing in their own works all or most of such production.

-Regeneration of beaches.

-Land movement.

-Carpentry used by construction companies, either in the works or in their workshops; however, this Convention will not be applicable to those carpentry workshops that still work with elements for the Construction does not belong to companies in this sector.

-Placing of articles of artificial stone, polished or unpolished, as well as their manufacture on foot for the exclusive use of the same.

-Placement of insulators in works, as main activity.

-Water supply and sanitation, laying of pipes and accessories thereof; opening and closing of ditches and their repairs, including those made for any kind of supply facilities, such as gas, telephone, electricity, etc., when employed, mainly construction and public works.

-The confection of canines and ceilings.

-Real estate companies, including housing cooperatives.

-Companies engaged in the study, planning and construction of public and private works (roads, viaducts, tunnels, motorways, high passes) or simply to carry out the works indicated.

-The promotion or execution of urbanizations.

-Promoting the building of buildings of any kind.

-Companies dedicated to foundations and those that conduct construction surveys mainly.

-Companies whose main activity consists in the rental of machinery and equipment for construction, with the personnel for their handling.

-Rehabilitation, maintenance and demolition companies, and demolition of works.

-Ferralla manufacturing workshops, whose main destination is for construction.

-Vertical construction, rehabilitation, repair, and painting works.

-Waste management on work.

-Quality control for construction and public works.

(b) The conservation and maintenance of motorways, motorways, roads and railways, as provided for in Article 3 (b) of this Convention.

c) Canteras, areneras, grainas and the exploitation of industrial lands.

Under the provisions of Article 3 (c) of this Convention, the provisions of Article 3 (c) of this Convention apply to working relationships in companies engaged in the exploitation of quarries, grainas and areneras, for the production of Stone for the construction and refractory siliceous and other industrial land, either operated in the open sky, galleries or mines which are not operated as auxiliary industry of another principal which is regulated.

The works of the industrial land operators that are regulated by the National Regulations of Labor in the Mines of Phosphates, Sulfur, Potash, Talc and other mining companies are excepted. covered by other Regulations.

d) Embarations, floating artifacts and auxiliary railways of works and ports.

Under the provisions of Article 3 (d) of this Convention, the provisions of Article 3 (d) of this Convention apply to the personnel of vessels, floating devices and auxiliary railway holdings of the works of ports and, in general, to all workers employed in the construction or repair of the same, as well as the extensions, modifications and exceptions to be established for this group as long as the work of the group is carried out in a manner exclusive for the construction and repair of the ports.

e) The majority and exclusivist construction trade.

Under Article 3 (e) of this Convention, trade in any of the articles made by undertakings within the scope of this Convention or intended for the purpose of the Convention shall be governed by the same main use of the same, according to their own functions and activities, provided they are wholesale and exclusive.

ANNEX II

Work Fixed Contract Refresh Model

COMPANY .......................................................................................................................

WORKER ..............................................................................................................

CATEGORY ...................................................................................................................

In accordance with the provisions of Article 24 of the General Agreement of the Construction Sector in force in agreement with the company .................................................................., the worker accepts provide their services in the workplace "................................................................................................" from the day .................. of .................................................... of 2.0 .........

And for the record, both parties sign this agreement in ...................... to ....................................... of 2.0 .......

The worker, The company,

ANNEX III

Job Relationship Finiaway Receipt Model

No. ....................

Receipt of Finiquito

D. .................................................................................................................................... that has worked in the Company ........................................................................................... from ............................................................ to ............................................................. with the category of ............................................................................................................... I declare that I have received from this, the amount of ........................................ Euro, as a total liquidation by my company.

It was thus compensated and liquidated by all the concepts that could derive from the labor relationship that united the parties and that is extinguished, expressly stating that nothing else I have to claim, being in agreement in with the Company.

In .................... to ..... of .................... of ......

The worker,

Worker (1) ............ use of their right

to be signed by a legal representative

yours in the company, or in default a repre-

trade union senters of the signatory unions

of this Convention.

(1) Yes or No

This document has a validity of fifteen calendar days from the date of your expedition.

Issued by ..................................................................................................................

Date of Expedition ......................................................................................................

STAMP AND SIGNATURE

This receipt shall not be valid without the stamp and signature of the relevant business organisation or if it is formalised in photocopy or other means of reproduction.

ANNEX IV

Building Professional Card Format

Card specifications

• PVC card.

• Low-coercive magnetic stripe.

• Blue Card Background, blank text.

Card items

Front

An image appears in the original. See the official and authentic PDF document.

Back

Here are several images in the original. See the official and authentic PDF document.

ANNEX VII

List of jobs and/or jobs associated with these posts of limited works for making available contracts for reasons of safety and health and justification of their limitation, absolute or relative

A. Construction and public works: (a) of Annex I of the CGSC:

1. Limited jobs in absolute terms:

1. Foreman Capataz.

2. Head of Laboratory.

3. Gunner.

4. Quarry.

5. Marmolist.

6. Lifting apparatus for lifting.

7. Scaffolding assembler.

8. Zero.

9. Welding metal structures.

10. Welders and oxicorators.

11. Weaves.

Justification: This job is limited to the provision of a contract for the provision by a Temporary Work Company, since the work to be carried out by the worker carries out a special hazard to safety and health for the worker, according to the reasoned report.

2. Relatively limited jobs:

1. Administrative work.

2. Laboratory Auxiliary.

3. Topography auxiliary.

4. Head of Work.

5. Mechanic.

6. Prevention technician on site.

7. Surveyor.

8. Bricklayer.

9. Aluminium, metal and PVC.

10. Wood carpenter.

11. Locksmith.

12. Industrial Chapista.

13. Light pavement placement.

14. Precast colocator.

15. Technical ceiling placement.

16. Truck driver.

17. Glassware.

18. Electrician.

19. Encoder.

20. Escayolista/yesista.

21. Ferrallista.

22. Plumber.

23. Gruist.

24. Security measure implantator.

25. Installer heating and ACS.

26. Gas Installer.

27. Waterproofing installer.

28. Maspostero.

29. Industrial maintainer/mechanic.

30. Metal frame fitter.

31. Machinery operator.

32. A PO painter.

33. Painter/emulator.

34. Puller brightener floors.

35. Coated/stucco revocator.

36. Soler pliers.

37. Pawn.

Justification: These jobs may not be provided by contract for the provision by a Temporary Work Company when they involve special risks for the safety and health of workers by be:

1. Works with particularly serious risks of burial, sinking or falling in height, by the particular characteristics of the activity developed, the procedures.

2. Work in which exposure to chemical or biological agents poses a risk of particular severity, or for which the specific surveillance of workers ' health is legally enforceable.

3. Work with exposure to ionising radiation for which the specific legislation requires the delimitation of controlled or monitored areas.

4. Work on the proximity of high-voltage power lines.

5. Work that exposes risks of drowning by immersion.

6. Excavation works in tunnels, wells and other work involving underground ground movement.

7. Work carried out in immersion with underwater equipment.

8. Jobs done in compressed air drawers.

9. Work involving the use of explosives.

10. Jobs that require mounting or removing heavy prefabricated elements.

B. Conservation and maintenance of roads and railway lines: section b) of Annex I of the CGSC:

Relatively Limited Jobs:

1. Manager and foreman.

2. Chief COEX and Chief Operating Officer.

3. Officer 1st, 2nd, officio assistant, specialist pawn, of conservation and maintenance.

4. Surveillance and security personnel.

5. Warehouse Manager.

6. Pilot.

Justification: These jobs may not be provided by contract for the provision by a Temporary Work Company when they involve special risks for the safety and health of workers by be:

1. Works with particularly serious risks of burial, sinking or falling in height, by the particular characteristics of the activity developed, the procedures.

2. Work in which exposure to chemical or biological agents poses a risk of particular severity, or for which the specific surveillance of workers ' health is legally enforceable.

3. Work with exposure to ionising radiation for which the specific legislation requires the delimitation of controlled or monitored areas.

4. Work on the proximity of high-voltage power lines.

5. Work that exposes risks of drowning by immersion.

6. Excavation works in tunnels, wells and other work involving underground ground movement.

7. Work carried out in immersion with underwater equipment.

8. Jobs done in compressed air drawers.

9. Work involving the use of explosives.

10. Jobs that require mounting or removing heavy prefabricated elements.

C. Quarries, aréneras and grâveras: paragraph c) of Annex I of the CGSC:

• Singers:

1. Limited jobs in absolute terms:

1. Commissioned.

2. Operators of drilling, blasting, cutting and sawing machinery.

Justification: This job is limited to the provision of a contract for the provision by a Temporary Work Company, since the work to be carried out by the worker carries out a special hazard to safety and health for the worker, according to the reasoned report.

2. Relatively limited jobs:

1. Head of quarry/production engineer/maintenance engineer.

2. Finishing operator or processing/operator processing.

3. Crane operator.

4. Operator of starting, loading or road machinery/operator of transport machinery/lift truck operator.

5. Electrical and mechanical maintenance operators.

6. Vigilant.

Justification: These jobs may not be provided by contract for the provision by a Temporary Work Company when they involve special risks for the safety and health of workers by be:

1. Works with particularly serious risks of burial, sinking or falling in height, by the particular characteristics of the activity developed, the procedures.

2. Work in which exposure to chemical or biological agents poses a risk of particular severity, or for which the specific surveillance of workers ' health is legally enforceable.

3. Work with exposure to ionising radiation for which the specific legislation requires the delimitation of controlled or monitored areas.

4. Work on the proximity of high-voltage power lines.

5. Work that exposes risks of drowning by immersion.

6. Excavation works in tunnels, wells and other work involving underground ground movement.

7. Work carried out in immersion with underwater equipment.

8. Jobs done in compressed air drawers.

9. Work involving the use of explosives.

10. Jobs that require mounting or removing heavy prefabricated elements.

• Areneras:

1. Limited jobs in absolute terms:

1. Laborant.

2. Molinero.

Justification: This job is limited to the provision of a contract for the provision by a Temporary Work Company, since the work to be carried out by the worker carries out a special hazard to safety and health for the worker, according to the reasoned report.

2. Relatively limited jobs:

1. Administrative.

2. Ensacator/load personnel.

3. Plant Manager/Director of Operations.

4. Mechanical/Calder/electric.

5. Pawn.

6. Dredging staff.

7. Laundry personnel/laundry personnel.

Justification: These jobs may not be provided by contract for the provision by a Temporary Work Company when they involve special risks for the safety and health of workers by be:

1. Works with particularly serious risks of burial, sinking or falling in height, by the particular characteristics of the activity developed, the procedures.

2. Work in which exposure to chemical or biological agents poses a risk of particular severity, or for which the specific surveillance of workers ' health is legally enforceable.

3. Work with exposure to ionising radiation for which the specific legislation requires the delimitation of controlled or monitored areas.

4. Work on the proximity of high-voltage power lines.

5. Work that exposes risks of drowning by immersion.

6. Excavation works in tunnels, wells and other work involving underground ground movement.

7. Work carried out in immersion with underwater equipment.

8. Jobs done in compressed air drawers.

9. Work involving the use of explosives.

10. Jobs that require mounting or removing heavy prefabricated elements.

• Graveras:

1. Limited jobs in absolute terms:

1. Laborant.

2. Molinero.

3. Welder.

Justification: This job is limited to the provision of a contract for the provision by a Temporary Work Company, since the work to be carried out by the worker carries out a special hazard to safety and health for the worker, according to the reasoned report.

2. Relatively limited jobs:

1. Basculista.

2. Driver/Analyst.

3. Plant boss.

4. Mechanical/electromechanical/electromechanical.

5. Pawn.

Justification: These jobs may not be provided by contract for the provision by a Temporary Work Company when they involve special risks for the safety and health of workers by be:

1. Works with particularly serious risks of burial, sinking or falling in height, by the particular characteristics of the activity developed, the procedures.

2. Work in which exposure to chemical or biological agents poses a risk of particular severity, or for which the specific surveillance of workers ' health is legally enforceable.

3. Work with exposure to ionising radiation for which the specific legislation requires the delimitation of controlled or monitored areas.

4. Work on the proximity of high-voltage power lines.

5. Work that exposes risks of drowning by immersion.

6. Excavation works in tunnels, wells and other work involving underground ground movement.

7. Work carried out in immersion with underwater equipment.

8. Jobs done in compressed air drawers.

9. Work involving the use of explosives.

10. Jobs that require mounting or removing heavy prefabricated elements.

D. Maritime works: point (d) of Annex I of the CGSC:

1. Limited jobs in absolute terms:

1. Diver.

Justification: This job is limited to the provision of a contract for the provision by a Temporary Work Company, since the work to be carried out by the worker carries out a special hazard to safety and health for the worker, according to the reasoned report.

2. Relatively limited jobs:

1. Formwork, ferrallists and operators involved in the construction of concrete for the manufacture of drawers in floating dams and the execution of the superstructure of dams and docks.

2. Mechanical and electrician of dredging equipment, ganguiles, pontons, auxiliary vessels and floating dams.

3. Draga operator.

4. Machine operator on pontons.

5. Skipper, sailor and counter-master of dredging equipment, ganguiles, pontons, auxiliary vessels, tugs and floating levees.

6. Other activities carried out in maritime works.

Justification: These jobs may not be provided by contract for the provision by a Temporary Work Company when they involve special risks for the safety and health of workers by be:

1. Works with particularly serious risks of burial, sinking or falling in height, by the particular characteristics of the activity developed, the procedures.

2. Work in which exposure to chemical or biological agents poses a risk of particular severity, or for which the specific surveillance of workers ' health is legally enforceable.

3. Work with exposure to ionising radiation for which the specific legislation requires the delimitation of controlled or monitored areas.

4. Work on the proximity of high-voltage power lines.

5. Work that exposes risks of drowning by immersion.

6. Excavation works in tunnels, wells and other work involving underground ground movement.

7. Work carried out in immersion with underwater equipment.

8. Jobs done in compressed air drawers.

9. Work involving the use of explosives.

10. Jobs that require mounting or removing heavy prefabricated elements.

E. Commerce of majority and exclusive construction: section (e) of Annex I of the CGSC:

Allowed in all jobs.

ANNEX VIII

To the Provincial/Provincial Joint Commission

Inapplication of working conditions

Disagreement act

Company Data ....................................................................................................... Name or social reason ......................................................................................................... CIF ............................................... Registered office ............................................................... Location .................................................................. Postal Code ................................... Applicable collective agreement/s .......................................................................................................................................................................................................................................

The Company ......................................................................... and its Representation of the Workers, communicate that they have terminated without agreement the inapplication proposed according to Article 17.4 of the Convention State Sector Collective.

The Joint Committee is referred to this Act together with the application for a non-application of the company and the corresponding documentation. The claims made by the Workers ' Representation together with the documentation provided are also sent, where appropriate.

Both parties, the Company and the Workers ' Representation, are directed to the Joint Commission to resolve the inapplication raised, requesting both parties, in the event that the Commission does not reach agreement, to submit to the Binding Arbitration of the corresponding Interconfederal Mediation and Arbitration Service.

En .......................... a ............ de ............................. de ..............

Signed Signed

enterprise Workers Representation

ANNEX IX

To the Provincial/Provincial Joint Commission

Substantial modification of working conditions

Disagreement act

Company Data ....................................................................................................... Name or social reason ......................................................................................................... CIF ............................................... Registered office ............................................................... Location .................................................................. Postal Code ................................... Applicable collective agreement/s .......................................................................................................................................................................................................................................

The Company ......................................................................... and its Representation of the Workers, communicate that the inapplication proposed according to Article 41 of the Statute has ended without agreement of the Workers.

The Joint Committee is referred to this Act together with the request for modification of the company and its causes, together with the relevant documentation. The claims made by the Workers ' Representation and the documentation provided are also sent, where appropriate.

Both parties, the Company and the Workers ' Representation, are directed to the Joint Commission to resolve the discrepancy, requesting both parties, in the event that the Commission does not reach agreement, submit to the Arbitration Binding of the corresponding Interconfederal Mediation and Arbitration Service.

En .......................... a ............ de ............................. de ..............

Signed Signed

enterprise Workers Representation