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Resolution Of February 13, 2012, Of The Directorate-General Of Employment, Which Is Recorded And Published The First Collective Agreement State Of The Commercial Broadcasting Sector.

Original Language Title: Resolución de 13 de febrero de 2012, de la Dirección General de Empleo, por la que se registra y publica el I Convenio colectivo estatal del sector de radiodifusión comercial sonora.

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Having regard to the text of the First State Collective Agreement of the Commercial Broadcasting Sector Sonora (Convention Code number: 99100095012012), which was signed, dated December 15, 2011, by the Spanish Association of Commercial Broadcasting (AERC), representing companies in the sector, and, of the other, the Federation of Services of the General Union of Workers and the Federation of Services to the Citizenship of Workers ' Commissions on behalf of the workers, and in accordance with Article 90 (2) and (3) of the Law on the Workers ' Statute, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:


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.


Arrange your publication in the "Official State Bulletin".

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



General provisions

Article 1. Functional scope.

I. This collective agreement regulates the working relations in the commercial broadcasting companies, provided that they are not affected by collective agreement of their own, which in any case must meet the minimum basic wages of the group (sbmg), in accordance with the provisions of Article 4 (IV) of this Convention.

II. For the purposes of this collective agreement, commercial broadcasting is understood to mean all broadcasting companies, whatever the content of their programming grill, and the technology or procedure used for their dissemination and/or public communication and/or making available.

III. However, in the case where there are chapters which are wholly or partly not covered by the lower-level agreements than in this collective agreement, the parties are defined as the commercial broadcasting sector itself. legitimized for signature may, upon agreement, regulate such chapters taking as a reference what is stated in this collective agreement.

Article 2. Personal scope.

I. All workers (hereinafter generically employed), who provide services in those undertakings as defined in the previous Article, shall be governed by this Convention.

II. They are expressly excluded from the scope of this Convention:

-Senior members and staff.

-The activities set out in Article 1.3 of the workers ' statute (now E. T).

-Special employment relationships as set out in Article 2 of the ET, as well as commercial or advertising agents that maintain a business relationship.

-All natural persons who perform any professional activity on their own behalf, whether paid or not, and whose execution falls outside the scope of the employer or employer's organization and address.

-Those workers who provide their services through hiring and subcontracting.

Article 3. Territorial scope.

I. The rules of this collective agreement shall be compulsory for all commercial broadcasting companies, which are constituted or which may be established in the future in the national territory, during the period of validity of the collective agreement. the exceptions provided for in Article 1.1 of this collective agreement.

II. All benefits, rights and benefits or improvements recognized in this agreement for the fixed worker shall also apply to temporary staff, regardless of the type of employment contract they have.

Article 4. Validity, extension, and concurrency.

I. This Convention shall apply from 1 January 2012 and shall extend its validity until 31 December 2015.

II. It shall be automatically extended on its own terms for successive years if it is not denounced by either party before the last month of its validity.

III. Once denounced, its normative content will remain in force, as well as the obligations arising from it, until they are replaced by another agreement.

IV. Undertakings with a concurrent collective agreement at a lower level who wish to accede to the content of this Convention may do so by agreement between the addresses and the representatives of the employees within those undertakings, communicate it to the joint interpretation committee governed by this collective agreement.

However, under the provisions of Article 83.2 of the ET, the minimum basic group salary (SBMG) shall be a minimum standard of compulsory compliance for all undertakings in the sound commercial broadcasting sector, except in those cases of undertakings which had received the neglect clause set out in Article 28.III.

Article 5. Denunciation of the convention.

The denunciation of this agreement shall be made before the beginning of the last month of validity. It shall be formalised in writing in accordance with the legislation in force.

They will be entitled to make the complaint the same representations that are to negotiate it, in accordance with article 87.1 of the ET.

The negotiation of the same after denunciation will start on the date that both parties agree, with the negotiation table being set up within three months of their denunciation.

The signatory parties in accordance with the provisions of Article 85.3.f) of the ET establish a maximum period of negotiation of the future collective agreement of 14 months, to be counted from the date of the loss of its validity.

If no agreement is reached within the prescribed period, the parties agree to submit the same to the procedures provided for in the first provision of this collective agreement.

Article 6. Binding to the entire.

The conditions agreed in this Convention form an organic and indivisible whole and for the purposes of their practical application they must be considered as a whole.

Article 7. Personal guarantees.

Those ad personan conditions that are considered globally and in annual computation shall be respected in excess of this agreement.


Organization of the job

Article 8. Organization of the job.

I. The organization of work in the companies affected by this collective agreement corresponds to the faculty of the management of the companies, according to the legal and conventionally provided.

II. The workers, through their legal representatives, staff delegates, business committee or trade union sections, have the right to know the organizational decisions that may affect them. Undertakings shall be obliged to inform the representatives of the employees of any substantial changes in the organisation of the undertaking which may affect the employees, in accordance with the provisions of the provided for in Article 64 of the ET.

Article 9. Functional mobility.

I. In accordance with the provisions of this collective agreement, functional mobility shall have no other limitations than those required by academic or professional qualifications required to carry out the work, and by membership of the professional group.

II. To these same effects, it is understood that in cases where the worker is assigned to perform functions corresponding to a group lower than the origin, the worker will be kept for the time being for organizational or production needs. essential for the service of the function, without prejudice to the fact that the mobilised worker receives the remuneration of his/her group of origin.

III. In the event that the worker is assigned to a higher professional group, he shall receive the remuneration of the target group, during the time mobilised.

Such a situation cannot be prolonged for more than six months in one year or eight within two years, with the rise of the worker automatically to the upper group if not.

Article 10. Geographical mobility.

I. Where there are proven economic, technical, organisational or production reasons, undertakings may carry out the transfer, individual or collective, of workers, in accordance with the procedures laid down in Article 40 (1) and (2). from the ET.

The moved worker or workers will be entitled to compensation for all concepts of:

-Self-moving expenses and family members in charge who live and move with him/her.

-Transport expenses for furniture, clothing and goods.

II. Affected company and worker may agree to any other compensation per shipment.

III. Companies may also temporarily displace workers when there are proven economic, technical, organizational and productive reasons.

In these cases, the provisions of Article 40.4 of the ET will be available.

IV. Where the shipment referred to in this Article, in paragraph (i), is carried out within the same municipality or in another municipality which has been less than 35 kilometres from the old centre of origin, it shall be understood that there is no need to change the habitual residence of the worker.

When these circumstances arise, the worker or workers concerned shall not be entitled to receive compensation for expenditure referred to in paragraph i of this Article, and may be agreed in such other cases. offset offsets.

V. Where two workers who are married or couple in fact as provided for in this collective agreement and one of them is affected by the transfer, the companies shall endeavour to transfer to the same undertaking or centre of work both, provided that the organisational and productive needs of the centre of origin and destination allow it.

VI. In the event of geographical mobility occurring with workers falling within Groups 3 and 4 of this collective agreement, and existing within the collective of workers performing the same function as one who voluntarily wishes to choose for the mobility referred to here, the swap may take place after acceptance by the management and by both workers.

VII. In the event that the company intends to move the work centre to another locality and the new centre is located at a distance of less than 35 kilometres from the centre of origin, it will be understood that there is no need to change the residence the worker or workers concerned is habitual, not being in this case application of the provisions of this Article.


Hiring, promotions, and cesses

Article 11. Revenue.

I. The income of the workers will be in accordance with the general legal norms in force at each moment on employment, committing the companies to the use of the various modes of hiring according to the purpose of each type of contract.

II. For these purposes, they shall have a right of preferential income on equal terms, who have performed or performed tasks with fixed-term, training or part-time contracts.

The least-represented gender will have a preferential right for entry, without this being done to the detriment of the merits and suitability of other workers.

III. Companies will be required to make delivery to workers ' representatives of the basic copies of contracts that are formalized.

Article 12. Recruitment.

Any type of work contract may be held, the modality of which is contained in the current labour law at any given time.

a) A particular work or service contract.

I. It is the contract for the performance of a given work or service and whose execution, although limited in time, is in principle of uncertain duration.

II. It is a contract of work or service determined to the activity of the field, that which is realized in order to face any program that still being inherent to the activity of the field has a limited duration in the time but uncertain.

III. The duration of this contract shall be that provided for in the work or service which is the subject of the contract and shall expire at the end of the contract. In no case will this type of contract exceed the three years of duration that marks the law and can be carried out both in full and part time, and the contract can be extended for a further 12 months, by agreement between the worker and the company.

IV. In the written contract, the work or tasks to be covered by the contract, as well as the working day, shall be clearly identified.

V. After the three-year period, or the extension of the period, if the worker continues to provide services, the latter shall acquire the status of fixed-value in the undertaking.

In this case, the employer must provide the worker in writing within 10 days of a supporting document on his/her new status as a fixed company worker.

b) Any Contract.

Under the terms of Article 15.1.b) of the ET, the undertakings included in Article 1 of this Convention may qualify for this mode of employment for a maximum period of 12 months within a period of eighteen.

c) Contract in practices and contract for training and learning.

I. Contract of work in practice. -It will be within the provisions of article 11.1 of the recast text of the ET, approved by Royal Legislative Decree 1/1995 and the legislation in force. The remuneration of the trainee shall be that set out in Article 11.1.e) of the ET.

II. Contract for training and learning.-The provisions of Article 11.2 of the ET will be available.

The salary for this type of contracts will be:

First year: SMI in effect in proportion to effective working time.

Second year: SMI in force, regardless of time spent on theoretical training.

d) Interinity contract.

I. This form of contract may be concluded to replace workers entitled to a job reserve with the conditions set out in the legislation in force.

II. Similarly, this type of recruitment may be extended for the replacement of workers who are enjoying holidays or who are absent from their job for enjoying any of the permits referred to in Article 31 of the present Regulation. collective agreement.

III. The contract must identify the replacement worker and the cause of the replacement, indicating whether the job to be performed shall be that of the replacement worker or another worker of the undertaking who is taking up the job. the salary of the worker with a contract of interinity shall be that corresponding to the position or job he/she performs.

e) Part-time contract.

The provisions of Article 12 of the ET shall be provided with the following specifications:

I. Part-time (CTP) shall be the whole of the one that is perfected for the completion of an annual working day of less than 15% to the one agreed in this collective agreement in Article 18.

The completion of additional hours, which may in no case exceed 40% of the ordinary hours covered by the contract of employment, must be provided for in writing in the individual contract of employment, mandatory to be carried out during the term of the contract. The completion of these additional hours shall be done in accordance with the legislation in force, the prior agreement of the worker being necessary.

II. In no case, the fixing of an ordinary part-time working day and the sum of the total of the additional hours agreed between the undertaking and the worker may be equal to or greater than the maximum annual working time limit of compliance with Article 18 of this collective agreement.

III. Only additional hours can be performed on CTP of indefinite duration.

IV. The completion of the additional hours by part-time employees will be in accordance with the following rules:

The completion of the additional hours must be communicated by means of a seven-day notice by the company to the worker, in which the day and time of the completion of these additional hours will be recorded.

However, when the completion of the additional hours is due to terminations of radio programs, the necessary and unforeseen coverage of a news, or any other event of this kind of difficult prediction, the employer must inform the contract worker on a part-time basis of the need to carry out the same as far as possible.

V. In any case, the completion of additional hours shall be subject to the limits of working time and rest in accordance with the provisions of this collective agreement.

VI. It is expressly prohibited, in accordance with the laws in force, to carry out any kind of extraordinary hour for those hired under this contractual modality.

f) Contract to promote indefinite hiring.

I. In order to facilitate the stable placement of unemployed workers and employees subject to temporary contracts, this contract may be concluded in the cases provided for in the legislation in force.

II. The contract shall be concluded for an indefinite period and shall be formalised in writing in the model established for that purpose.

III. The legal status of this contract and the obligations arising from it shall be governed by the provisions of the legislation which are currently in force.

Article 13. Promotions and internal promotions.

I. The promotion of workers to tasks or jobs involving command or confidence will be of free designation by the company. Subject to the provisions of the functional mobility article, during the time the worker provides his services in the upper group, he shall receive the salary of the target group, even if he does not consolidate it, on the understanding that the employee does not consolidates that destination position, it will return to its place of origin under the same conditions as it had before the ascent.

For these purposes, the period of consolidation of the new post of destination will be six months for the promotion to groups I and II, being three months for the rest of the professional groups regulated in this collective agreement.

II. Where a vacancy occurs either in a higher group or within the same professional group, and the company does not make use of its right to write down the job, a merit system must be adapted for each company, the factors being account for this, among others, the following:




Article 14. Trial period and cesses.

a) Test period.

I. The entry of the workers shall be considered as a test, the period of which shall be variable according to the nature of the post to be covered, and shall in no case exceed the time set on the following scale:

Group 1: 6 months.

Group 2: 3 months.

Groups 3, 4, and 5: 1 month.

II. During the trial period, by the company and the worker, the contract of employment, without notice period and without any right to compensation, may be freely resolved.

III. After that period the contract of employment shall have full effect.

b) Months.

I. Workers who cause low in the company must communicate it to the company in good time, complying with the following periods of notice:

Group 1: 3 months.

Group 2: 1 month.

Groups 3, 4, and 5: 15 days.

II. The failure by the employees of the obligation to pre-notify them in advance will entitle the company to discount the liquidation of the company, the amount of the salary of one day for each day of delay in the notice.

III. At the time of the liquidation, the worker must return all the equipment belonging to the company and the professional meat or control card which has been given to him by the company. In the event of loss or non-return, the undertaking shall be entitled to discount the corresponding amount of the goods in question.


Professional classification and professional groups

Article 15. Professional classification.

1. General principles.

I. A system of professional classification means the legal arrangement whereby, on a technical and organisational basis, the inclusion of workers in a general framework establishing the different work tasks is envisaged.

II. For these purposes, it is understood by a professional group that it groups the professional attitudes and aptitudes, degrees and general content of the benefit, including various professional categories, as well as different functions or specialties professionals.

III. The system of professional classification shall be the basis on which the way of carrying out functional mobility and its different assumptions shall be regulated.

2. Basic aspects of classification.

I. The present system of professional classification is essentially based on the criteria laid down in Article 22 of the ET for the existence of the professional group: vocational skills, qualifications and general content of the provision, including in each group, both functions and professional specialties.

II. The professional classification is carried out in areas of activity and professional groups by interpretation and application of general objective factors and by the most representative basic tasks and functions developed by the workers. Workers on the basis of the job they develop will be assigned to a particular area of activity and to a professional group of those established in this chapter, circumstances that will define their position in the scheme. Organisational and remuneration.

Thus, the possession by a worker of some or all the representative competencies of a given professional group does not necessarily imply its attachment to it, but its classification will be determined by the the requirement and the effective exercise of those powers in the duties corresponding to their job. In any case, such increased knowledge by the worker will be valid and the company will have to take them into account in future promotions.

III. In accordance with Article 9 of this collective agreement, functional mobility within the professional group shall be limited not only by the necessary qualifications but also by the suitability and fitness of the worker. to perform the new functions assigned to you.

If the worker affected by functional mobility, while still holding the appropriate degree, does not meet the necessary suitability and fitness requirements, he/she must receive the appropriate training for this.

IV. The factors which affect the professional classification of workers and which therefore indicate the membership of each of these workers to a particular professional group, all in accordance with the criteria laid down in Article 22 of the ET which are defined below. The allocation of each worker to the relevant professional group shall be the result of the joint weighting of the following factors:

a) Training.

Factor for which assessment will take into account the set of knowledge, experience and skill required for the normal performance of a job. This factor is integrated by:

Degree. -Consider the minimum and sufficient initial level of theoretical knowledge that a person must possess in order to successfully perform the duties of the job.

Specialization. -Consider the requirement of specialized or complementary knowledge to basic initial training.

b) Initiative.

Factor for whose assessment the degree of follow up to standards or guidelines for the execution of tasks or functions will be taken into account.

c) Autonomy.

Factor for whose assessment the degree of hierarchical dependency will be taken into account in the performance of the tasks or functions that are developed.

d) Responsibility.

Factor for whose assessment the degree of autonomy of action of the incumbent, the level of influence on the results and the relevance of the management on human, technical and technical resources will be taken into account production.

e) Command.

Factor for the assessment of the degree of supervision and management of functions and tasks, the interrelation capacity, the characteristics of the collective and the number of persons on whom the command.

f) Complexity

Factor for the assessment of the number and degree of integration of the various factors listed above in the task or given.

3. Areas of activity.

We understand from areas of activity to existing organizational groupings, taking into account both the content of the posts that compose them and the essential objectives that define them. They also define the natural trajectory of a professional career, and are as follows:

a) Management and Management Area. -This area is considered to be the internal control tasks of the company and the main purpose of which is to support the rest of the areas. It groups its own tasks, such as economic, administrative and human resources management.

b) Area of contents. -They constitute the own functions of this area the production of contents for dissemination in any medium, such as information spaces, sports, entertainment, etc.

c) Emissions and systems. -They constitute functions of this area, those of a technical nature that have as fundamental work the production of sound, technical or computer, using for it the technological means and personal knowledge that enables the development of the objectives of the organisation.

d) Business and marketing areas. -They constitute functions of this area related to the advertising of companies and their approaches to the listener, as well as the marketing of products.

4. Professional groups.

The professional groups and within them the divisions by areas of activity and the tasks or tasks described in them, do not assume the obligation to have all and each one of those tasks that are stated here the need and the volume of the company does not require it.

To these same effects, the tasks described in each and every professional group that follow, have a purely enunciative, non-limiting character, and must serve as a reference for the assignment of similar posts that They arise after technological change.

This professional structure aims to obtain a more reasonable productive structure, all without merit of the dignity, opportunity of promotion and just retribution that corresponds to every worker. The current jobs and tasks will be in line with the groups established in this collective agreement.

However, from the moment when there is a worker in a company who performs the specific functions in the definition of a group, there will be, at the very least, the remuneration that is assigned to it in this company. convention.

In those cases where the membership of a particular professional group is required, and the corresponding work or task is not included in this collective agreement, the same shall be carried out to the joint committee of the same, which shall operate in accordance with the criteria laid down in Article 16 of this collective agreement.

The professional groups are as follows:

Professional Group 0. Managers.

People belonging to this group plan, organize, direct, coordinate, and control their own activities at the highest level of company development.

The functions of the staff belonging to this group are aimed at the establishment of policies aimed at the effective utilization of human and material resources, assuming the responsibility of achieving the planned targets. In addition, they make decisions that affect fundamental aspects of the company's activity and play managerial positions in the areas of business activity, departments, etc.

The personnel integrated into this professional group will not be applicable to the salary increases that may be established in the future, as well as all the conditions that appear in the chapter of working time.

Professional Group 1. Area Managers.

These positions are included in this group, those positions that, besides having a high degree of autonomy, have both professional and business knowledge, starting with broad general guidelines, defining the strategies of performance in the functional area where they are surveyed, and should account for their management to any of the persons included in group 0.

Training: higher university degree or middle-grade university degree (diploma), complemented by extensive professional experience, and/or knowledge acquired in the performance of their profession supplemented by job-specific training.

In this professional group are included all those activities that by analogy are comparable to the following:

-Tasks for organization, coordination, planning, and monitoring of jobs in the different sections in the different areas of business activity.

-Tasks of organization, coordination, planning and supervision of the edition and information issue, with responsibility to the management, being equally empowered to assign the works to the staff of the editorial staff.

-Business policy direction, programming, and monitoring tasks.

-Management, planning, and monitoring tasks in operation and maintenance of equipment.

Professional Group 2. Chiefs and managers.

This group includes those positions that require a high degree of autonomy and professional knowledge, whose functions are to integrate, coordinate and supervise the execution of heterogeneous tasks with the responsibility for ordering the work of a set of contributors.

It also includes performing complex tasks that require a high degree of responsibility, autonomy and professional knowledge, which even without involving command, require high intellectual and/or specialization content.

Training: higher university degree or middle-grade university degree (diploma), complemented by extensive professional experience, and/or knowledge acquired in the performance of their profession supplemented by job-specific training.

In this professional group are included all those activities that by analogy are comparable to the following:

-Labors for the integration, management and monitoring of the tasks of the set of workers in each activity area of the company, being subject to their responsibility for the staff of the higher group.

-Functions of coordination and supervision of the human and technical resources of the area of exploitation to meet the needs of production, ensuring the correct functioning and continuity in the technical assistance requires.

-High and low frequency equipment operation and maintenance tasks.

-Monitoring and control tasks for radio spaces, making them written and/or spoken.

-Tasks for monitoring and executing administrative, economic, or commercial policies.

-Content execution tasks.

-Tasks for running and controlling technical aspects.

Professional Group 3. Technicians a), b) and c).

Includes the functions that consist in the realization of complex activities that demand an intellectual and/or specialization content, with defined objectives and with high degree of demand in the factors of autonomy and responsibility. Sometimes, they can lead to the coordination of a reduced work team.

The worker shall be classified at the appropriate level in accordance with the provisions of Article 16 of this collective agreement, taking into account their knowledge, responsibility and complexity of the tasks assigned to them.

Regardless of the above within this professional group, a time-based internal promotion system is established so that level (c) will reach level (b) after 24 months and (b) will reach level (a) after 12 months.

For these purposes, undertakings must establish an internal merit contest which shall take into account, inter alia, the factors referred to in Article 13 (II) of this Convention of the said merit contest. legal representation of workers must be informed of the basis of the said competition. In the absence of legal representation of workers in the undertaking, the workers concerned may request the participation of the trade unions which are signatories to this Convention.

Level (c) shall receive 85% of (a) and level (b) 90% of (a).

Training: higher university degree or middle-grade university degree (diploma), complemented by extensive professional experience, and/or knowledge acquired in the performance of their profession supplemented by job-specific training.

In this professional group are included all those activities that by analogy are comparable to the following:

-Labors of ordination, supervision and coordination of a set of workers within the different areas of activity in the company.

-Drafts that consist of the realization of a fundamentally intellectual type of work, and by any type of technical or computer procedure.

-Edit, translation and review information for your issue.

-Labors of information emission, either through the editing and adaptation of elaborate materials or through technological, audiovisual and/or computer media.

-Selection, sorting, sorting, conservation and dissemination of documentation, in any type of support.

-Labors that require full knowledge and specific capacity for each position, for the use, maintenance and repair of machines that require a special level of qualification.

-Administrative, economic, and/or commercial functions, under monitoring.

-Performing and issuing programs.

-Realization and locution of programs and ads.

-Making and performing radio spaces.

-Handling low frequency equipment to complement your core work.

-Performing animation programs and selecting music.

-Creating and presenting radio programs.

-High and low frequency equipment repair tasks.

-Output control tasks on antenna.

-Hiring tasks and advertising collections.

-Sales and promotion tasks without direct responsibility.

Professional Group 4. Administrative (a), (b) and (c).

Includes functions that consist of performing activities that require intellectual and/or specialization content, always under the direction and supervision of workers in a higher professional group.

The worker shall be classified at the appropriate level in accordance with the provisions of Article 16 of this collective agreement, taking into account the knowledge, responsibility and complexity of the designated tasks.

Regardless of the above, within this professional group a time-based internal promotion system is established, so that level (c) will reach level (b) after 24 months and (b) will reach level (a) after 12 months.

For these purposes, undertakings shall establish an internal merit contest which shall take into account, inter alia, the factors referred to in Article 13 (II) of this Convention. The legal representation of the workers must be informed of the basis of the said competition. In the absence of legal representation of workers in the undertaking, the workers concerned may request the participation of the trade unions which are signatories to this Convention.

Level (c) shall receive 85% of (a) and level (b) 90% of (a).

Training: qualifications or knowledge acquired in the development of their profession, equivalent to high school or higher education, supplemented by specific training in the workplace. Medium-grade specific studies, if the job is legally required to do so.

In this professional group are included all those activities that by analogy are comparable to the following:

-Administrative work, support or support in the drafting that will be coordinated and supervised by a hierarchical superior, without the same being the same as the professional group 3.

-Spelling and typographical correction of texts with autonomy and responsibility.

-Labors or tasks of using and handling computers.

-Labors of composition and treatment of texts.

-Charge and payment rates, bill issuance, statistics, accounting entries, payroll and correspondence administration.

-Address secretarial tasks.

-Simple text writing tasks, and program production aids.

-Basic radio tasks, simple text writing, hearing, recording, and program logging.

-File, classification, and custody tasks for documentary and sound material.

Professional Group 5. Assistants and auxiliaries.

Workers belonging to this group perform operations that are executed according to clearly established concrete instructions, with a high degree of dependence, which require preferably effort and/or attention, and that require specific training.

Operations are included in this group, following a precise and concrete working method, which normally requires basic professional knowledge, using computer tools.

In this professional group are included all those activities that by analogy are comparable to the following:

-Simple administration, file, reprogram, and computer handling tasks.

-Receiving and using telephone switchboard tasks.

-Tasks that consist of recating, charging, collecting, and delivering correspondence.

-Simple office jobs.

-Goal and surveillance tasks

-Cleaning tasks.

No worker who holds the necessary knowledge and training in the administrative area to occupy a position in the professional group 4 (administrative (a), (b) and (c)) may be assigned to this professional group (group 5), except that the functions for which it is contracted are specifically those identified as tasks of this professional group.

Article 16. Mode of operation for the professional classification.

Due to the collective implications of the new professional structure, and the need for the maximum possible agreement in the application of this new classification, in those companies where there is no The adequacy of this precept is established as follows:

The company and workers ' representatives will be negotiated.

In the case of an agreement, it will be agreed.

If there is no agreement, the parties may submit to mediation or arbitration of the joint committee on the entire framework or part thereof in the terms set out in Annex i to this agreement. The Joint Committee may also be consulted to issue the relevant opinion, which will not be binding.

In the case of the absence of legal representation of workers in the company, the workers will be able to attribute their representation for the negotiation of the agreement with the company to a commission of a maximum of 3 integrated members according to its representativeness by the most representative trade unions in the sector. their agreements shall require the favourable vote of the majority of their members.

In order to resolve the proposed mediation or to respond to the query formulated, the companies and unions represented in the joint committee may examine in the company in question the characteristics of the activity object of disagreement or query.

After the interpretation of the joint committee is known, the management of the company will apply the new professional classification, however the relevant court is open for any complaint.

In any case, the negotiation does not imply the need for mutual agreement at the level of the company between the representatives of the workers and the management for the establishment of the new professional classification, because it is not forget that in the conflicts on professional classification it will be the worker or workers affected who would have to accept or not their new professional classification.

Article 17. Table of equivalences.

For the purpose of facilitating the change of professional categories to the professional groups defined in the preceding paragraph, a table of categories of professional groups, annexed to this convention, has been configured.


Working time, rest, vacation, and overtime

Article 18. Working day and weekly rest.

a) Day.

I. The maximum day during the term of the present agreement is established in 1,800 hours in annual computation and 40 hours maximum in weekly computation, which may be distributed irregularly from Monday to Sunday.

In the case of irregular distribution, the daily minimum day of a full-time worker may not be less than 5 hours, with the maximum daily working day of 9 hours.

Hours worked during the week will be distributed so that the service is guaranteed.

The computation of the day shall be performed in accordance with the provisions of Article 34.5 of the ET, respecting the legally established breaks.

II. Where there are proven technical, organizational or productive reasons which require the greatest presence of workers in the workplace, companies may establish, after communication, discussion and agreement with the legal representatives of the workers, and in accordance with Article 34.3 of the ET, exceeding the maximum limit of nine hours, while respecting the minimum breaks provided for between days in the law. For these purposes and whenever possible, the duration of such a measure shall be stated.

III. Provided that the duration of the continuous daily working day exceeds 6 hours, a rest period shall be established for the duration of no less than 15 minutes. This period of rest shall be calculated as an effective working time, with the exception of the undertaking and the worker.

b) Weekly break.

I. All workers in the broadcasting sector will enjoy a break of two weekly uninterrupted days, preferably Saturday and Sunday, and guaranteeing that they will be enjoyed on Saturday and Sunday, at least 1 week of every 4, without prejudice to other systems of rest already established by production needs, in any event the maximum annual working day referred to in paragraph i of this Article, except for those workers who have been employed for the work at the end of the week.

II. If the weekly rest period is altered by organizational needs, the company must plan its rest within two weeks, except in agreement with the worker to accumulate it in another period.

III. By agreement between company and worker, in two-week cycles you can reserve 1 day to accumulate and be enjoyed in another period.

IV. In any case, in paragraphs II and III of this Article, the weekly minimum rest shall be respected in accordance with the provisions of Article 37.1 of the ET.

Article 19. Calendar.

I. During the two months preceding the end of each calendar year, the undertakings concerned by this collective agreement shall draw up the working calendar for the following year, for which the representatives of the workers shall issue a prior to the address report on your position with regard to the calendar. This calendar shall be displayed in the relevant working centre throughout the calendar year.

II. The calendars will include the enjoyment of the holidays: national, regional and local.

Article 20. Work schedule.

Those responsible for each of the sections of which are composed of the programs of the radios, always complying with the instructions given by the addresses of the companies and according to the current legality, they will distribute the timing, distribution of tasks and assistance checks.

Article 21. Verification and control.

I. All personnel within the scope of this collective agreement shall be subject to the assistance control systems which the addresses of the undertakings at any time consider to be most appropriate.

II. In any event, the companies shall inform the employees ' representatives of the assistance control systems they have in place, as well as their possible modification.

Article 22. Holidays.

I. The annual paid leave scheme of the staff affected by this collective agreement shall be twenty-two working days, preferably between 15 June and 15 September.

Notwithstanding the above, depending on the production needs, companies will be able to split the holiday enjoyment into two periods, none of which will be less than 11 working days.

These periods of enjoyment will be fixed by common agreement between company and worker. in the cases of disagreement, the decision to be taken by the employer shall apply, and the worker concerned may start the competent court.

II. The holiday calendar will be fixed by each company and will be published in the notice boards two months in advance.

III. The holiday count shall be carried out per calendar year, calculated in proportion to the time spent in the enterprise in the cases of new income.

IV. The enjoyment of holiday shifts shall be understood in a rotating manner, unless individual agreement between the undertaking and the worker is measured, provided that such an agreement does not cause harm to third parties.

V. Those workers who have children of school age

have priority for the enjoyment of the holidays, in the case of the coincidence of the period.

Article 23. Overtime. mandatory public compensation.

a) Extraordinary hours.

I. Special hours shall be taken for the hours of work carried out on the maximum working day of the working week provided for in Article 18. All overtime are voluntary, with the exceptions provided for in paragraph IV of this article.

II. The overtime to be performed may be offset preferably with equivalent rest time, within four months of its completion. However, by agreement between the undertaking and the worker, it may be economically compensated on the terms which are determined individually.

It shall not be computed as overtime that has been compensated by rest in the period mentioned above.

III. The number of overtime may not exceed 80 hours per year, except as provided for in the following paragraph of this Article.

IV. For the purposes of the maximum duration of the ordinary working day, for the purposes of calculating the maximum number of authorised overtime, the excess of those worked to prevent or repair claims or other damage shall not be taken into account. extraordinary and urgent, as well as information needs of a permanent nature, or those produced by breakdowns or other punctual cause not attributable to the organisation of production.

b) Mandatory holidays.

When for the needs of the service some of the annual declared compulsory holidays are worked, each festive holiday will be compensated with 1 day of rest plus an economic amount depending on the number of hours worked. This economic amount shall be 15% of the worker's hourly wage.


Remuneration scheme

Article 24. Wage structure.

The remuneration of workers falling within the personal scope of this collective agreement shall be constituted by the minimum basic group base salary (SBMG) and the allowances provided for in this Convention. collective.

Article 25. Minimum base group wages year.

I. The following SBMG are assigned to the workers in the professional groups of the collective agreement article:







Group 1





Group 2





Group 3





Group 4









II. SBMG shall be understood as the remuneration of the worker fixed per unit of time, without taking into account any other circumstances in such a way as to express general remuneration concepts for all employees of the same professional group.

The SBMG is annual salary, so it must be understood distributed in 14 pages (12 ordinary and 2 extraordinary).

III. To calculate the different wage concepts that this collective agreement revolves around the hourly wage, companies will have to follow the following formula:

SBMG/Effective annual work day

Article 26. Salary supplements.

I. Sector specific personal complement (CPES). Those undertakings which are paying their employees as a base salary, in excess of those set out in the table above, must create a personal supplement which will be called a specific personal complement to the sector. (CPES).

The above supplement will not be compensable or absorbable.

II. Seniority supplement: from the entry into force of this collective agreement, no other amount shall be payable for this concept other than that provided for in this Article.

Thus, all workers affected by this agreement have the right to perceive in seniority, the amount that they have consolidated at the time of signing the agreement, maintaining their amount, which will pass to encompassing the industry-specific personal complement (CPES).

The present regulation of the old-age supplement will not prevent all workers who, as a template from the signing of the collective agreement, are perfecting a new stretch of seniority, continue until their perfection, passing on to the CPES after the procedure has been perfected, in accordance with the provisions set out above.

III. Individual personal complement (CPI): if the company or companies concerned already have other personal allowances in their pay structure, they will be respected in their entirety, integrating them into the present individual personal complement (CPI). These supplements may be compensable and absorbable, except for individual or collective agreements to the contrary.

IV. The following job add-ons are defined:

It will be job-add-ons for companies to pay back as such, and to effectively have the own character of job-add-ons in each hiring unit. These supplements are of a functional nature and their perception depends exclusively on the effective provision of work in the assigned post, so they are not of a consolidated nature and will no longer be perceived at the time of the cessation of the the ones that were satisfied.

However, this is defined as the minimum job position complement in the sector as follows:

Nocturidad.-The night work, understood by the one that takes place between 22:00 and 6:00 hours, will be paid by applying 10% to the value of the hourly wage defined above, multiplying the resulting amount by the number of hours in the night time.

V. Quality and quantity add-ons at work.

These are sector-specific, functional-type complements, and their perception depends exclusively on the effective quality and quantity of work in the assigned position, so they are not of a consolidable character and will cease to be be collected at the time when the causes for which it was satisfied cease. They are as follows:

Responsibility. The present supplement will be assigned to those persons who occupy positions of leadership or are appointed to assume the direction of a specific service area of the company. It will also be assigned to people who do not assume positions of leadership or command, take responsibility for complex tasks.

Availability. -Assigned to those persons who, according to the needs of the service, have the obligation to remain at the orders of their superior outside their work shift, or possibilities to join them, if The needs of the service require it.

The amounts in terms of additional job-related posts shall be set individually and shall not be less than 10% of the SBMG/year.

VI. As a result of any rise in employment, job-related and higher-quantity and quality of work supplements, in the present Article, will be offset and absorbable by the higher remuneration of the working group. target.

Article 27. Settlement and payment. Receipt of wages.

I. The payment of assets shall be made at the latest within the first three days of the month following the expiry.

II. The salary receipts shall be in accordance with one of the official models approved by the labour administration and shall contain, perfectly broken down and specified, all the salary and extranalarial concepts, as well as the deductions, contributions, contributions and their basis of calculation.

Article 28. Wage increases.

I. The wage increases for the years of validity of this collective agreement are those that are reflected in the table contained in Article 25.1 of this agreement.

II. Wage neglect: in order to achieve the necessary economic stability, the percentages of wage increases agreed for the years 2012, 2013, 2014 and 2015 will not be necessary and must be applied to companies when the situation and economic prospects of these could be damaged, affecting the possibility of employment in the company.

For these purposes, companies must bring them to the attention of the legal representatives of the employees in the company, in order to open a negotiation period not exceeding 15 days. In the case of the absence of legal representation of employees in the undertaking, they may choose to attribute their representation for the negotiation of the agreement, to their choice, to a commission of up to three members integrated by the workers of the company itself and chosen by them, or a commission of equal number of components designated according to their representativeness by the most representative trade unions in the sector. In the latter case, the employer may attribute its representation to the Spanish Commercial Broadcasting Association (AERC).

The implementation agreement must determine with accuracy the remuneration to be paid by the workers and a convergence programme to enable the recovery of the wage conditions laid down in this Convention. that all the economic documentation of the company is needed that from the representation of the workers and/or the joint commission is required.

If an agreement is not reached within the aforementioned period, the parties shall request mediation or arbitration from the joint committee.

The lack of consensus within the joint committee will allow either party (business-representatives of the workers) to use the mediation and/or arbitration mechanisms provided for in the additional provision of the joint this collective agreement.

Article 29. Monthly and extraordinary pagas.

I. Twelve ordinary monthly payments and two extraordinary payments are generally established in the sector.

II. The extraordinary payments will be paid in July and December. Each pay will be proportional to the time worked, each of them being prorated in the cases of income or cesses in the course of the calendar year.

III. Such extraordinary payments shall include the following salary concepts: SBMG and CPES.

IV. The allowances paid by the undertakings to the companies in respect of quality and/or quantity at work and/or add-ons shall not be included in the concept of extraordinary payments.

Article 30. Expenses and mileage.

I. Undertakings falling within the scope of this collective agreement shall pay the employees the costs incurred by the posting outside their usual place of work, on the grounds that they are justified by the the workers to be displaced, taking into account these effects on the internal rules contained in each undertaking.

II. Undertakings falling within the scope of this Convention shall, as a general rule, provide for a means of transport to those workers who are required to carry out any type of movement under the express indication of companies.

III. Where the worker is required to make the posting using his or her own vehicle, the undertakings shall pay EUR 0,19 per kilometre or the tax ceiling which shall be determined at any time by the implementing legislation, provided that the vehicle is insured at all risk, or in any case to third parties and occupants, it is impossible to use its own vehicle in any other case or circumstance.


Licenses, Family Life Protection, and Exceed

Article 31. Paid leave.

I. The worker, after warning and justification, may be absent from work entitled to receive his full salary for the reasons and the following time:

a) Fifteen calendar days in case of marriage or official registration of a couple in fact. In those self-governing communities that have a law on couples in fact, it will be, in respect of this license, to be covered by such legislation in the corresponding section.

b) Two days for the birth of a child and for the death, accident or serious illness, hospitalization or surgical intervention without hospitalization requiring home rest, from relatives to the second degree of consanguinity or affinity. When the worker is required to make a move to the effect, the time limit will be four days.

c) For the time required to attend exams when regularly cursing studies to obtain academic or professional qualifications.

d) One day per usual home move.

e) For the time indispensable for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage.

When it is established in a legal or conventional rule for a given period, it will be available for the duration of the absence and its economic compensation.

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than 20% of the working hours in a period of three months, the company may pass the affected worker to the the situation of surplus regulated in this Chapter.

In the event that the worker, by virtue of the duty or the performance of the charge, receives compensation, the amount of the same salary shall be deducted from the salary to which he was entitled in the company.

f) To perform trade union or personnel representation functions in terms established in law or in this collective agreement.

g) For the time required to perform prenatal tests and birth preparation techniques to be performed within the working day.

II. For these purposes, it shall be understood that there is displacement when the worker has to travel more than 200 km between his habitual residence and the place of destination.

III. The commencement of the enjoyment of the licences in this Article shall be consistent with the causative event.

Article 32. Protection of family life.

I. Risk during pregnancy.

In the case of risk for pregnancy, in the terms provided for in Article 26 of the Law 31/1995, of the Prevention of Occupational Risks, the suspension of the contract will end on the day the suspension of the contract is initiated. maternity in accordance with the provisions of the laws, or the inability of the worker to return to her previous post or to another compatible with her state.

II. Maternity.

Maternity leave workers will be able to join the holidays to the maternity leave period, in these cases being able to extend their enjoyment to the year after which it corresponds.

Workers may, before the beginning of the maternity leave period, apply for unpaid leave for a period of not less than one month and not more than three months. This request will be made 15 days in advance of the date of enjoyment.

During the exercise of this right, the completion of which must necessarily coincide with the principle of maternity leave, companies will maintain the contribution of women workers.

III. Suspension of the maternity or adoption contract.

In the course of delivery, the suspension will last for sixteen weeks, which will be enjoyed uninterrupted.

In the case of adoption and acceptance, both pre-adopted and permanent, the suspension of the work will last for sixteen weeks, which will be enjoyed uninterrupted.

Workers will have a job reserve for a year in cases of excess child care.

These benefits may be enjoyed by the parent or parent in the form provided for in Article 48.4 of the ET.

IV. Paternity suspension.

In the cases of child birth, adoption or acceptance, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, which may be extended in the case of childbirth, adoption or multiple acceptance in two days more for each child from the second. This suspension is independent of the shared enjoyment of the maternity rest periods regulated in Article 48 of the ET.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the rest period covered by Article 48 (4) of the ET is fully enjoyed by one of the Parents, the right to a paternity suspension may only be exercised by the other.

The worker exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the adoption or from the administrative or judicial decision of acceptance, until the end of the suspension of the contract as regulated in Article 48.4 of the ET or immediately after the termination of that suspension.

The suspension of the contract referred to in this Article may be enjoyed on a full-time basis or on a part-time basis of at least 50%, subject to agreement between the employer and the worker, and determine regulentarily.

V. Breastfeeding.

The breastfeeding permit shall be regulated as set out in Article 37.4 of the ET.

Workers will be able to choose to accumulate the enjoyment of this right of reduction of working hours by breastfeeding, in 14 calendar days, by joining the period of maternity leave.

In the case of multiple births, workers may enjoy the right of the previous paragraph for each of the children.

This permit may be enjoyed interchangeably by the parent or parent in case both work.

VI. Legal guardian.

In accordance with Article 37.5 of the recast text of the Act of the ET, who for reasons of legal guardian has to their direct care some minor of eight years or a physically disabled, psychic or sensorial, who does not carry out a paid activity, have the right to a reduction in the working day, 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.

Article 33. Excess.

I. Forced leave.

The force, which will give the right to the preservation of the post and the calculation of the age of its validity, will be granted by the designation or election for a public office that makes it impossible to attend the work. The re-entry must be requested within the month following the end of the public office.

For these purposes, as a public office, the person who carries out the exercise of public functions shall be understood to be vested with the power of decision and the representation of the body of the decision-making power, as well as to influence with their acts in the public life of the country.

II. Voluntary leave.

The worker with at least one year's seniority in the one-year-old company is entitled to be recognized as being on a voluntary basis for a period of no less than four months and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.

They may also apply for their transition to the status of surplus in the enterprise for workers who perform union functions at provincial or higher level for the duration of the exercise of their representative office.

The surplus worker retains only a preferential right to the reentry into the vacancies of equal or similar category to his or her that would have been or were produced in the company. The right to re-entry shall be extinguished if no such re-entry is requested one month before the expiry of the period for which the excess was granted.

The situation of surplus may be extended to other collectively agreed assumptions, with the scheme and the effects that are provided.

The situation of voluntary leave may not be used to provide professional or professional services in any other means of public or private broadcasting within the national territory, unless expressly authorized by the the company's management. Failure to comply with the provisions shall mean that the worker voluntarily terminates his employment contract and loses all his rights.

III. Leave of absence for family care.

Workers shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, whether by nature, or by adoption, or in the case of a reception, either permanent as a preadoptive, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than three years, workers to care for the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or disease cannot be used by itself, and does not carry out paid activity.

The excess referred to in this paragraph, the period of which may be enjoyed in a split form, constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

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 a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, whose participation must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. On the expiry of that period, the reserve shall be referred to a post of the same professional group.


Trade union rights

Article 34. Union powers and guarantees. Composition of the representative bodies. Accumulation of hours.

I. The powers and guarantees of the legal representatives of the workers in the companies, will be those recognized in the real legislative decree 1/1995, of March 24, for which the recast text of the Law of the ET and the Law is approved Organic 11/1985, 2 August, Freedom of Trade Union (LOLS).

II. With regard to the composition of the bodies representing workers in the undertaking to determine the number of employees ' representatives in the workplace or in undertakings, the provisions of Articles 62.1 shall be met. and 66.1 of the ET.

Article 35. Rights of staff delegates and members of the business committee.

Staff delegates and/or members of business committees shall have the right to be informed and consulted by the employer on matters likely to affect workers, as well as on the situation of workers. company and the evolution of employment in the company.

In the definition or application of the information and consultation procedures, the employer and the representation of workers shall act in a spirit of cooperation, in compliance with their mutual rights and obligations, taking into account both the interests of the company and the interests of the employees.

The information, to which the staff delegates and/or the members of the business committee are entitled, must be provided by the employer to them, without prejudice to the specific provisions of each case, at a time, in a manner and with appropriate content, enabling the employees ' representatives to proceed to their proper examination and to prepare, where appropriate, the consultation and the report.

The reports to be issued by the workers ' representation must be drawn up within a maximum of 15 days after the request has been made and the relevant information has been sent, except for those in the that a different time limit is laid down by law.

The information referred to in this Article is determined by the stipulations set out in Article 64 of the ET.

Article 36. Professional capacity and stealth.

Staff delegates and/or members of the Joint Undertaking's committees and committees as a whole, as well as, where appropriate, the experts who assist them, shall observe the duty of secrecy with respect to that information which, in legitimate and the objective of the undertaking or the work centre has been expressly communicated to them in a reserved manner.

In any case, no document submitted by the company to the workers ' representatives may be used outside the strict scope of the company, nor for purposes other than those that motivated its delivery.

The duty of stealth will remain even after the expiration of its mandate and regardless of where they are located.

Article 37. Credit schedule.

Staff delegates and/or members of the business committee shall have the credit of paid monthly hours that the law determines.

Article 38. Union sections and meetings.

Workers affiliated to a trade union may be in the field of companies or workplaces:

a) Constituting trade union sections, in accordance with what is established in the union statute.

b) Hold meetings, after notification to the employer, collect fees and distribute union information outside the working hours and without disturbing the normal business activity.

c) Receive the information sent to you by your union.

Article 39. The trade union sections of the most representative trade unions.

Trade union sections of the most representative trade unions and those with representation in the works councils or with staff delegates shall be entitled to:

(a) to the company making available a board or the necessary boards of notices which must be placed inside the workplace and in place where adequate access to the same worker is guaranteed, with the purpose of facilitating the dissemination of those notices which may be of interest to union members and workers in general.

b) To collective bargaining, in the terms set out in their specific legislation.

Article 40. Commission of collective agreements.

The union representatives who participate in the negotiating commissions of this collective agreement, and who maintain their relationship as an active worker in any company, will be entitled to the granting of the permits. (a) remuneration that is necessary for the proper exercise of their work as negotiators, provided that the undertaking is affected by the negotiation, as determined in Article 9.2 of the LOLS.

Article 41. Union delegates.

In companies or, where appropriate, in the job centers that occupy more than 250 workers, whatever the class of their contract, the trade union sections that may be constituted by the workers affiliated to the unions with a presence on the works councils shall be represented, for all intents and purposes, by union delegates elected by and among their members in the enterprise or in the workplace.

Article 42. Duties and rights of trade union delegates.

The role of union delegates is to represent and defend the interests of the union they represent within the company.

Trade union delegates will be entitled to the same information and documentation as the company makes available to the business committee, being obliged to keep professional secrecy in those matters where the management of the company The company has so stated.

Likewise, they shall be entitled to attend, with a voice but without a vote, the meetings of the works councils and the internal organs of the committees, in matters of safety and hygiene.

Will be heard by the company prior to the adoption of measures of a collective nature that affect the workers in general and the affiliates of their trade union in particular.

Article 43. Anti-union practices.

When, in the opinion of one of the signatory parties, it is understood that, in accordance with the provisions of Articles 12 et seq. of the Organic Law on Freedom of Association, there are acts which may be qualified as trade union rights, they may seek protection of the right to the competent jurisdiction, through the judicial process of the fundamental rights of the person.


Fouls and Sanctions

Article 44. Disciplinary regime.

I. Workers may be punished by the management of the undertakings in accordance with the rules of offences and penalties specified in the following paragraphs.

II. Any failure committed by a worker shall be classified, taking into account his or her nature and circumstances, in a light, severe or very serious condition.

III. The list of the faults mentioned below is made without an exhaustive claim, so it may be sanctioned by the addresses of the companies any infringement of the current labor regulations or contractual non-compliance, even in the case of not being typified in this convention.

1. They shall be considered as minor faults:

a) Unjustified impuntuality at the entry or exit of the job up to three times in one month for a total time less than thirty minutes.

b) Unjustified inattendance at one day's work during the one month period.

(c) Non-communication prior to prior due notice of the inattendance at work for justified reasons, unless the impossibility of notification is established.

(d) Abandonment of the post without a justified cause for short periods of time and provided that this has not caused a risk to the integrity of the persons or things, in which case it may be qualified, according to the seriousness, as severe or very severe.

e) Disattention and lack of correction in dealing with the public when they do not seriously damage the image of the company, as well as the neglect or delay in the execution of any work, provided it does not cause disturbances important to the service, in which case it may be considered to be serious or very serious.

(f) Neglect in the preservation of the material which is in charge or is responsible and which produces slight deterioration of the material.

g) Unusual drunkenness at work.

h) Do not cure the discharge, part of the corresponding confirmation or discharge in due time when the work is missing for justified reasons, unless it is documented that it is not possible to do so.

i) The annoying discussions with colleagues in the company's dependencies.

(j) The failure to comply with, concealment and, in general, failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November 1995 on the prevention of occupational risks.

k) The unauthorized and personal use of the company's tools within or outside the working day, for particular purposes. For these purposes, all computer equipment shall also be considered as tools, provided that their use exceeds that which can be expected from a modern means of communication of information.

l) Lack of grooming or personal cleansing.

2. Serious faults shall be considered:

a) Unjustified impuntuality at the entry or exit of the job up to three times in one month for a total time of up to sixty minutes.

b) Unjustified inattendance at work of two to four days during the one month period.

c) Hindering, malicious omission and distortion of data that has an impact on social security.

d) The simulation of disease or accident, without prejudice to the provisions of point 3 (d).

e) The impersonation of another worker, altering the records and input and output controls to the job.

(f) Disobedience to work orders and instructions, including those relating to safety and hygiene rules, as well as negligence or negligence at work, unless they result in serious harm to the company, cause damage to the facilities, machinery and, in general, property of the company or risk of accident for the persons, in which case they will be considered as very serious faults.

g) The lack of communication to the company of the defects or abnormalities observed in the tools, tools, vehicles and works in charge of the company, where serious injury to the company has been caused.

h) The recklessness in act of service. If the worker is at risk of an accident, for his or her companions or danger of damage to the facilities, it may be considered to be very serious.

i) The breach or violation of must-reserve secrets that does not cause serious injury to the company.

j) The usual drunkenness at work.

k) The lack of grooming and personal cleansing when it may affect the delivery of the service and provided that, in advance, the company's timely warning has been mediated.

(l) The poor performance of the work entrusted, provided that this does not result in serious harm to people or things.

ll) The decrease of normal performance in the job in a non-repeated manner.

m) Offered or work-related offenses committed against persons within the workplace, when they are considered to be serious.

n) The recidivism in the commission of five minor faults, even if it is of different nature and provided that it has mediated sanction other than the verbal admonition, within a trimester.

n) The failure to observe, concealment and, in general, failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November on the Prevention of Occupational Risks, where such non-compliance may cause damage serious for the safety and health of workers.

3. They shall be considered to be very serious:

a) Unjustified impuntuality at the entrance or exit of the job on ten occasions for six months or in twenty for one year, duly warned.

b) Unjustified inattendance at work for three consecutive days or five alternate days in a period of one month.

(c) Fraud, disloyalty or breach of trust in the management or appropriation, theft or theft of property owned by the company, colleagues or any other person within the company's premises.

d) The simulation of illness or accident, or the prolongation of the sick or accident discharge, in order to carry out any work for own or other account.

e) The breach or violation of must-reserve secrets that cause serious injury to the company.

f) Usual drunkenness or drug addiction if it has a negative impact on the job.

g) Performing activities that involve unfair competition to the company.

h) The voluntary and continuous decrease in the performance of normal or agreed work.

i) Abuse of authority exercised by those who perform command functions.

j) Sexual harassment, be it ascending, horizontal, or descending.

k) The repeated non-use of the safety and hygiene protection elements, duly advised.

(l) The derivatives of paragraphs (1) (d) and (2) (l) and (m) of this Article.

m) The recidivism or reiteration in the commission of serious misconduct, considering as such a situation in which, prior to the moment of the commission of the fact, the worker would have been punished two or more times for faults serious, still of a different nature, over the period of one year.

n) The failure to observe, concealment and, in general, failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November on the Prevention of Occupational Risks, where such non-compliance may cause damage very serious for the safety and health of workers.

o) The use for unauthorized purposes of both email and intranet systems and internal business communication.

p) The conviction for crimes of theft, fraud or embezzlement, committed outside the company, or any other kind of crime that may involve this mistrust toward its author.

Article 45. Sanctions regime.

I. It is the responsibility of the Company's Directorate to impose sanctions in the terms contained in this Convention. The maximum penalties to be imposed in each case on the basis of the seriousness of the misconduct shall be as follows:

For minor faults:

-Verbal assembly.

-Amonstation in writing.

-Suspension of employment and salary up to three days.

For severe faults:

-Suspension of employment and salary of four to fifteen days.

For very serious faults:

-Suspension of employment and salary from sixteen to sixty days.

-Contract termination with loss of all rights in the Company.

For the imposition of sanctions, the procedures provided for in the general legislation will be followed.

II. Without prejudice to the above, workers ' representatives may issue a report in cases of serious or very serious misconduct, and minor cases where the penalty has been suspended for employment and salary.

Article 46. Prescription.

The faults set forth in Article 45 of this Collective Agreement shall prescribe:

-Mild to the ten days of your commission.

-Severe at twenty days.

-The very serious within sixty days of your commission and, in any case, six months after you have been committed.

Article 47. Sanctioning procedure.

It is up to the Company's Directorate, or the person to delegate, to impose penalties for non-compliance, in accordance with the graduation of faults and penalties set forth in the preceding articles.

Prior to the imposition of sanctions on members of the representation of workers for serious or very serious faults, disciplinary record will be opened that will simultaneously be brought to the attention of the interested, of the Committee of the Personal Enterprise or Delegate, and, where appropriate, of the corresponding Trade Union Section.

The assessment of the faults and the corresponding penalties imposed by the Company's Management will always be reviewed in the competent jurisdiction. The penalty of serious and very serious misconduct will require written communication to the worker, stating the date and facts that motivate it.


Workplace Safety and Health

Article 48. Safety and Health.

The protection of workers ' health is a basic and priority objective of the signatory parties and considers that to achieve this, the establishment and planning of preventive action in the centres is required. (a) at work and in undertakings which at last has the elimination or reduction of the risks at source, on the basis of its assessment, taking the necessary measures, both in the correction of the existing situation and in the technical and organization, to adapt the work to the person and protect their health.

In all matters concerning the prevention of the health and safety of workers, the provisions of this Convention, Law 31/1995 of 8 November of the Prevention of Occupational Risks, updated, shall apply. and developed by Law 54/2003, of December 12, and Royal Decree 171/2004, of January 30, as well as, among others, Royal Decree 171/2004, of Coordination of Preventive Activities.

In order to comply with the right to effective protection, the employer, in line with the general criteria and declarations provided for in the aforementioned Laws and Royal Decrees, must comply with:

1. General principles.

In accordance with Articles 15 and 16 of the Law on the Prevention of Labor Risks, companies will apply the measures that integrate the general duty of prevention.

2. Prevention management.

In compliance with the duty of prevention of occupational risks, the employer shall constitute a preventive service or arrange that service with a specialized entity outside the company, all in accordance with the article 30 of the Labor Risk Prevention Act.

3. Prevention Delegates.

3.1 The Prevention Delegates shall be chosen from among the establishment plan by the workers ' representatives, in accordance with the scale set out in Article 35 of the Law.

3.2 As far as its powers and powers are concerned, it will be provided for in Article 36 of Law 31/1995.

4. Committee on Safety and Health.

4.1 In the centres of fifty or more workers, a Committee on Safety and Health shall be set up, which shall be composed, as provided for in Article 38 of the said Act, by the Prevention Delegates, on the one hand, and by the employer and/or their representatives in number equal to that of the other's Prevention Delegates.

4.2 As regards the powers and powers of the Committee on Safety and Health, the provisions of Article 39 of the Law on the Prevention of Occupational Risks shall apply.

5. Coordination of business activities.

5.1 In application of Article 24 of the Law on the Prevention of Occupational Risks, developed by Royal Decree 171/2004, which establishes the business obligations of coordination in the field of prevention, the Directorate of The Company in whose workplaces they develop their activity workers of other companies, that is, auxiliary companies, of services, contracts and subcontracts, will carry out regular monitoring of the application to these workers of the norms of security and health for the activity they perform.

5.2 For the purposes of the above paragraph and for the proper monitoring of the application of the rules on the prevention of occupational risks, the concurrent enterprises in the same workplace, after consultation In the Committee on Safety and Health, they will necessarily have to go to some of the means of coordination established in Article 11 of Royal Decree 171/2004, of January 30, for the development of article 24 of the Law 31/1995, of Prevention of Occupational Risks.


Social Conditions

Article 49. Mandatory Retirement.

In accordance with the current legislation and with the jurisprudential doctrine of the Constitutional Court, and for the purposes in which it is established for the development of policies for the protection of employment, the age of 65 years is fixed as the maximum to work, provided that the workers concerned have generated the right to the recovery of the minimum pension and reached the ordinary retirement age.

As a result of the above, and with the provisions of the additional provision of the current ET, in the wording given by Law 14/2005 of 1 July, and for the purpose of linking the retirement measure (a) the obligation of the Member States to apply the rules laid down in Article 4 (1) of the Treaty, in accordance with Article 4 (1) of Regulation (EC) No. 765/86, in accordance with Article 4 (1) of Regulation (EC) No. that at any time be established by Law, they will be covered by the transformation of the a temporary contract or through the hiring, also indefinite, of a new worker.

First transient disposition.

The companies affected by this collective agreement, will have a period of 6 months, starting from the publication of the same in the "Official State Gazette", for the adequacy of their salary structure to the one determined in the present Collective Agreement, as specific and specific to the sector.

For these purposes, and in order to achieve the SBMG referred to in Article 25 of this Collective Agreement, the undertakings shall take into account the personal allowances which the workers have received prior to the the entry into force of this Collective Agreement.

Performed the previous operation, the remaining quantities, if any, shall be integrated in accordance with the provisions of Article 26 of this Collective Agreement, in the Sector Specific Personal Add-On (CPES)

Additional disposition first. IV National Agreement on Extracts of Labor Conflicts (ASEC).

I. The parties to this Convention adhere to the Fourth Agreement on the Extrachauthan Settlement of Labor Conflicts and to the Rules of Procedure that develop it.

II. The parties to this Collective Agreement also agree to the express submission of conflicts which may arise between the parties, to the Mediation, Arbitration and Conciliation procedures which have a specific scope, lower than the respective Autonomous Community.

Additional provision second. Mixed Commission of Interpretation.

I. A Joint Commission for the interpretation, implementation and monitoring of the agreement made up of four members by each of the signatory (business and social) parties to this Collective Agreement shall be constituted as prior character of the treatment and settlement of any questions of collective interpretation and conflicts of equal character may be raised within the scope of this Convention.

II. The Joint Committee shall intervene or resolve any consultation affecting the interpretation of the rules laid down in this Collective Convention, and shall intervene in a prescriptive and prior to the administrative and judicial procedures in the substantiation of the collective conflicts which workers may pose to undertakings, to which the Joint Commission of Interpretation shall draw up the relevant minutes.

III. In accordance with the provisions of Article 85.3 (c) of the ET, the Joint Commission will also intervene in an effective manner to address any discrepancies that may arise between undertakings and workers in the negotiations for the amendment. substantial working conditions laid down in this Collective Agreement.

If no agreement is reached in the company in the negotiation of the substantial modification of working conditions under Article 41.6 of the Workers ' Statute, the actions must be submitted within 5 days. following the Joint Commission 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 II and specifically set out for this scenario.

If the Commission fails to reach an agreement within 7 days, it shall forward the action to the Interconfederal Mediation and Arbitration Service within the next 3 days, accompanied by the Act of Annex II, in accordance with the provisions of the first provision.

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 it, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the ET.

The Joint Committee shall also intervene in so many other functions as to ensure the greatest practical effectiveness of this Convention, or as a result of the provisions of its text and annexes forming part of it. In this respect, it may intervene if necessary in its possible modification during the validity of this Convention. In this case, it must incorporate all the parties entitled to the negotiations, even if they have not been signatories to the agreement, and in this case the requirements for legitimization provided for in Articles 87 and 88 of the ET.

IV. The questions raised by the Joint Committee must be submitted in writing, and their content will be necessary to enable them to examine and analyse the problem with knowledge of the cause, and must have as a 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.

V. 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.

VI. 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.

VII. In those cases where the Joint Committee does not agree on matters falling within its competence, they shall, where appropriate, transfer the discrepancies to the provisions of the provisions referred to in paragraph 3 above. the out-of-court dispute settlement systems, provided for in the first provision of this Collective Agreement.

VIII. 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 ET.

IX. The procedures and time periods and reference periods for functional mobility are regulated in Chapter II, Functional Mobility, Article 9 of this Convention.

X. This Commission may use the occasional or permanent services of advisers in all matters falling within its competence. These advisors shall be freely appointed by each of the parties.

XI. The signatory parties to this Convention shall, within two months of their publication, constitute the Joint Commission of Interpretation referred to in this Disposition and shall draw up, by agreement, a Regulation of internal functioning of the same, in which the amount to be required to require those natural or legal persons to be directed to the Joint Commission directly, and not through the undersigned business and trade union organisations of this Agreement.

Additional provision third. Equality Plans.

In accordance with the provisions of the Organic Law 3/2007, companies are obliged to respect equal treatment and opportunities in the field of employment and, for this purpose, must adopt measures aimed at avoiding any type of employment discrimination between women and men. In companies of more than 250 employees, the equality measures referred to in the preceding paragraph shall be directed to the elaboration and implementation of an Equality Plan, in accordance with the provisions of the aforementioned Organic Law. For the purposes of the provisions of this Convention in respect of equality plans and the diagnosis of situation, account shall be taken of the provisions of Article 5 of the said Law, according to which it shall not constitute discrimination in access to employment, including the necessary training, a difference of treatment based on a sex-related characteristic when, due to the nature of the specific professional activities or the context in which they are carried out, such a characteristic is an essential and decisive professional requirement, provided that the objective is legitimate and the requirement provided.

Additional provision fourth. Committee on Occupational Safety and Health.

Within the development of the Spanish Strategy for Safety and Health at Work, the parties to this Collective Agreement will acquire the commitment to constitute within 6 months, from the publication in the "BOE" of the The Committee for the Prevention of Occupational Risks (CPRL).

This Committee is the joint and collegiate body for the promotion of health and safety at work and will have as a priority the development of the following programs:

-Discover and report the professional risks in the industry.

-Report on the rights and preventive obligations of the employer and workers.

-Promoting preventive actions.

CPRL members, called Sectoral Agents, should have specific training on the sector and adequate technical capacity in preventive matters.

The scope of this Committee will be in those companies whose templates are between 6 and 50 employees and lack representation of workers.

The activities or tasks to be carried out should not interfere with the actions of the prevention services themselves or others, nor in those of other preventive entities that provide support to the enterprises.

The CPRL, once constituted, will develop the actions to be taken to meet the objectives of this Commission.

The signatory organizations will concretize, within the framework of the Foundation for the Prevention of Labor Risks, the requirements to access the call for assistance for these programs.

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