Resolution Of February 8, 2012, Of The Directorate-General Of Employment, That Is Recorded And Published The Agreement Of Modification Of Chapter Ii Of The State Agreement For The Metal Sector.

Original Language Title: Resolución de 8 de febrero de 2012, de la Dirección General de Empleo, por la que se registra y publica el acuerdo de modificación del capítulo II del Acuerdo estatal del sector del metal.

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Seen the text of the agreement of modification of the chapter II of the agreement State of the sector of the Metal (code of Convention No. 99003435011900) relative to the structure of the bargaining collective, that was subscribed with date 11 of January of 2012, of a part by the Confederation Spanish of organizations business of the Metal (CONFEMETAL) in representation of them companies of the sector, and of another by the Federation of industry of CC. OO (FI-CC. OO) and the Federation of Metal, construction and allied industry (MCA-UGT) Ugt-federacion on behalf of workers, and in accordance with the provisions of article 83.2 regarding article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995 of 24 March , and in Royal Decree 713/2010, 28 of may, on registration and deposit agreements and collective labour agreements, this General Directorate of employment meets: first.

Order the registration of the cited agreement in the corresponding register of conventions and agreements collective of work with operation through media electronic of this center management, with notification to the Commission negotiating.

Second.

Have your publication in the «Official Gazette».

Madrid, 8 of February of 2012.-the Director General of employment, Xavier Jean Braulio Thibault Aranda.

ACT No. 9 OF THE COMMISSION NEGOTIATING OF THE STATE CONVENTION OF THE SECTOR OF METAL workers by the Spanish Confederation of business organizations of Metal (Confemetal): headlines: Marsal Fábregas, Antonio.

Sanchez in Apellániz, Andrés.

Vicente Blázquez, José Luis.

Zurita Fernández, Ignacio.

Chopped Ruiz, Andres.

Roncero Gómez de Bonilla, José María.

Santamaria Valle, Eduardo.

Soliveres Montanes, Alejandro.

Ursua Ibero, Luis.

Zapatero González, Rafael.

Metal, construction and Allied Workers of the Unión General de Trabajadores - Federation of industry (MCA-UGT): headlines: Romero González, Carlos.

Valiño Alonso, Ana Belén.

Past Muñoz, José Antonio.

Mejías sources, Manuel.

Antunez López, Francisco M.

Martínez Hernández, Jesús Angel.

Advisors: Sheriff Carcia, Raul.

Campa Méndez, Javier.

Magan Moreno, Isabel.

Martinez Riaza, Josefa.

Fernandez Cañas, Rafael.

By the industry Federation of the Trade Union Confederation of Comisiones Obreras (FI-CC. (OO.): holders: Zapata Aguirre, Ana.

Rocky Girbau, Vicenç.

Soler, Joan Alcantara.

Cárdenas Tejada, Juan Manuel.

Condes, Antonio torres.

Alcolea Morcillo, Juan Francisco.

Advisors: Brezmes Sanz, Miguel Angel.

Hawthorn Castle, Mabel.

Garrido Romero, Alvaro.

Manzano Carneiro, Damian.

In Madrid, at the headquarters of Confemetal, being 16:30 hours of January 11, 2012, gathered, on one hand, the Federation of industry of CC. OO. (FI-CC. OO.), Metal, construction and Allied Workers - UGT Federation of industry (MCA-UGT) Federation do Metal-confederacion Intersindical Galega (CIG-METAL) and workers Alkartasuna Euskal (ELA), and another, the Spanish Confederation of business organizations of Metal (Confemetal), represented by related persons, on the occasion of the modification and incorporation of certain provisions to the agreement State of the Sector of Metal, both parties first ACUERDAN.

Modify the agreement State of the Sector of Metal, recorded and published by resolution of the Directorate General of labour, on August 7, 2008, and subsequent resolutions of the Agency, March 3, 12 may, October 28, 2009, on October 6, 2010-April 5, 2011, and replace it with the following: CHAPTER II structure of the preamble collective bargaining collective bargaining agreement is natural for the exercise of the autonomy of the parties. In use of the same business and trade union organizations most representative of the sector of metal, have agreed to setting its own structure of business, according to the peculiarities of the productive fabric, the typology of dominant firms, and taking into account the current business reality of the sector, centered in the field regional, provincial agreements and company agreements.

The negotiating parties are aware that the problem of our collective bargaining is not so much a debate about the structure, this being essential to organize and streamline the sector, about content of the conventions, so consider it necessary that these develop from now a profound renewal thereof, in accordance with the provisions of this agreement.

In pursuance of this objective, parties urged negotiators of collective agreements of less than the State sector, to establish mechanisms that allow enterprises to face the economic crisis and to adapt to the new challenges and demands arising from globalization and acceleration of the process of technological innovation.

He Real Decree-Law 7 / 2011, of 10 of June, of measures urgent for the reform of the negotiation collective, in force from the 12 of June of 2011, has come to reinforce the role of them conventions collective sectoral of field State and autonomic, in detriment of them conventions collective of field provincial, that lose the prominence that legally them has come giving our normative labor , Conventions that next to those of field of company configured, however, the reality negotiating of a sector as heterogeneous in sub-sectors and activities as is the of the metal.

The new wording of articles 83.2 and 84 of the Statute of workers, establishing the priority application of conventions of company or group of companies, unless the State and regional conventions have something else, and the establishment of a new regulation of the concurrence, attached to the end of the initial term, December 31, 2010 , of the agreement State of the Sector of the Metal, have propitiated that them partners social of the sector, in accordance with the article 83.2 of the ET and, because of the legitimation that such standard les confers, establish the structure business of the sector, within the negotiation that carry to out for convert said agreement State of the Sector of the Metal in a Convention collective.

Pursuant to provisions of designated articles and article 86 et, the parties adopt this agreement to modify Chapter II of the State agreement for the Metal Sector, relative to the structure of collective bargaining, in order to adapt it to the new conditions laid down in the legislation, thus allowing for collective bargaining in progress at lower levels the knowledge of the new management of the business structure of the Sector. This agreement form part of said agreement State of the Sector of the Metal until its replacement by a Convention collective state.

With this agreement from the field State is aims to the establishment of a series of materials of management common for all the sector, the distribution of skills regulatory between them different areas and levels of negotiation and them different ways of joint between them themselves.

The State sectoral level is intended to be a point of reference with respect to the aims and purposes for the lower levels, as well as a framework for assistance to the parties in those decentralized levels, which must set specific working conditions.

The current intention of strengthening of enterprise as a basic sphere of reference level cannot ignore or be outside our sector consists of medium and, above all, small companies, whose dimensions and characteristics are not the most appropriate to negotiate a collective agreement.

For this reason, lower field sectoral or subsectoral collective agreements must continue setting minimum conditions for enterprises and workers of their territorial scope.

For the above reasons, the parties agree to the following business structure for the Sector.

Article 1. Guiding principles of the business structure.

The metal sector in accordance with article 83.2 of the Statute of workers, and on the basis of the legitimacy that it grants to State-level collective bargaining, establishes as basic goals of this chapter the following: to) establish the clauses on the negotiating structure of the Sector of Metal.

(b) Regular subjects of management common for all the sector and distribute them skills policy between them different levels negociales, setting its respective prevalence applicative.

(c) establish both those principles General of reference for the sector, as those of joint, incorporating and spreading them best practices negociales.

Article 2. Scope and levels of negotiation of the Sector of the Metal.

It sector of the metal defined in the field functional, is structure conventionally in the following areas and levels of negotiation: 1 field State.-includes all the field territorial Spanish. He Convention collective state of the sector of the metal is of application to all the companies and workers included within its scope functional and personal.

(2nd territorial scope and subsectoral. - includes this area of negotiation the following collective agreements: to) the sectoral conventions currently existing at the provincial level.

(b) the sectoral agreements that could be established within the framework of an autonomous community to replace the provincial).

(c) the existing sub-sectoral conventions, included in the functional scope of the Convention.


3rd field of company.-includes the conventions or agreements collective of efficiency general, currently existing or that is can agree in a company or group of companies.

4th business linked. - includes collective agreements that could settle for a plurality of related organizational and productive reasons, and nominally identified companies.

Article 3. Matters of competition exclusively reserved to the field State of negotiation.

1 are matters of exclusive jurisdiction reserved to the State level of negotiation, according to article 84 of the Statute of workers, as follows:-trial period.

-Modalities of engagement.

-Professional classification.

-Annual maximum working day.

-Disciplinary regime.

-Standards minimum in terms of prevention of risks labour.

-Geographical mobility.

2. equally, them parties signatories of the present Convention collective agree book for its negotiation in the field state them following materials common:-field functional.

-Structure of the negotiation of the Sector.

-Rules of competition.

-Training and professional qualification.

-Management of the regime of the Foundation of the Metal for the training, the qualifications and the employment.

-Regulation of the bodies parity for the prevention of risks labour.

-Training and contained specific programmes in the field of prevention of labour risks for the activities of the sector of metal working in construction sites.

-Way to accredit the training received by workers in the sector of metal working in construction on occupational risk prevention.

-Design, execution and delivery of the card professional of the sector of the metal.

-Out-of-court procedures for the resolution of conflicts.

-Regulation of the Joint Commission of the State Convention.

Article 4. Criteria General on matters not exclusive of the area State of negotiation.

1. the Convention collective State may regular them criteria General of other materials different of them listed in the article earlier, criteria that will have of be complemented and developed in them levels lower of negotiation.

2 are subjects of this state collective agreement, although not reserved exclusively to it, the general criteria to be established on which are listed below: a) promotion at work.

(b) administration of the collective bargaining.

(c) salary criteria.

(d) management of the day.

(e) equality of opportunity and non-discrimination by reason of gender.

(f) promotion of the recruitment indefinite.

(g) holidays per year.

(h) permits, licenses, and leaves of absence.

(i) mobility functional.

(j) measures to promote the reconciliation of work, family and personal life.

(k) trade union rights and information and consultation on labour relations regime.

Article 5. Regulatory powers of the levels of less than the State-wide bargaining.

1 collective agreements below the State level, referred to in article 2, paragraphs 2, 3 and 4th, will have competence to regulate non-exclusive materials from the State level.

2 collective agreements existing sectoral or subsectoral less than the State territorial scope, existing or renewal period for completing its initial term,) as well as the regional agreements referred to in article 2(2), paragraph b, shall regulate, among others, content of application priority areas set out in article 84.2 of the Statute of workers.

These agreements must determine the degree of involvement of such materials of company collective agreements, Dante, also establish criteria for supplementary character for its regulation in this last field.

3. However stated in number 2 above, company conventions, currently existing, current or renewal period, as well as their renovations once end of your initial term, will have application priority with respect to provisions in sectoral or subsectoral collective agreements of territorial scope in the designated areas.

4. respect to stated in number 3 above, statutory company or workplace agreements will have priority application in connection with materials legally established in the Statute of workers for this type of agreements, prior deposit and registration in the corresponding body.

Article 6. General principles of complementarity and competition.

Clauses contained in collective agreements or the lower levels to the State governing State exclusive jurisdiction matters, referred to in article 3 of this Convention, shall be understood as not agreed and, therefore, lack of efficiency, not being of course any application, with the exceptions that could be in this collective agreement.

Them conventions collective sectoral or subsectoral of field lower or, in its defect, of field of company, without prejudice of the respect to them contained of the materials established in the article 4, will have of adapt and develop them criteria General in he established.

Them rules on distribution of competencies and of determination of its content regulatory established in the present Convention will enter in force with occasion of the first renewal or, in its case, of the expiration of it force initially agreed in each one of them conventions of the sector of the metal currently force.

Article 7. New areas of negotiation.

In order to make and maintain a map of the bargaining that reflects in a systematic and detailed way all the existing conventions, obtaining information useful and up-to-date on its validity, effects, contents and evolution, when you try to establish a new area of negotiation within those enumerated in article 2, in the form of statutory collective agreement , shall inform the Joint Committee of territorial sectoral Convention, corresponding, and whether it is a Convention of interprovincial company to the joint commissions of sectoral or subsectoral conventions of lower scope corresponding to the premises of the company. Compliance with this requirement will be necessary to be able to exercise the application priority that may establish in accordance with the provisions of article 5.

Article 8. Conventions of Group of companies and related companies.

The collective agreements that could be set to a group of companies, or a plurality of intercompany for organizational or production reasons nominally identified, may exercise the priority application of matters in article 84.2 of the Statute of workers, provided that they meet the following requirements: to) that group together a number of workers from at least 2,500 in template.

(b) that you belong to two or more autonomous communities.

Article 9. Temporary scope.

Given the organizational importance having sector bargaining processes this agreement on structure of collective bargaining, which will form part of the State collective agreement, it shall enter into force the day its signature, irrespective of the date of registration and subsequent publication in the official Gazette, while maintaining in force until December 31, 2016, the date from which will be reported automatically.

However, one time after its initial term, and until expressly agreed, for the purposes specified in article 86, points 3 and 4 of the Statute of workers, is not achieved this Agreement remain in force.

With independence of it willing in them paragraphs earlier, any of them parts signatory, in view of them variable of the negotiation collective, may propose during the force of the same its review, of conformity with it established in the legislation existing.

Available to transient.

Them conventions collective currently existing of field lower that have agreed any of them materials reserved to the field State may keep your regulation until the same are agreed in the cited field State. A time negotiated and agreed in said field, it will be to it established in the article 6, paragraph first, of the present agreement.

Repealing provision.

The present Agreement replaces to the chapter II of the agreement State of the Sector of the Metal, relative to the structure of the bargaining collective, that is repealed.

Also, be repealed expressly article 8, paragraphs 2, 3 and 4, and the second transitional provision.

Second.

Them parts signatory is undertake to give transfer of such modifications of the agreement State of the Sector of the Metal to the authority labor competent, in compliance of the article 90 of the Statute of them workers, for their deposit, registration and publication in the «newsletter official of the State».

Third party.

Them parts agree designate to don Alvaro Garrido Romero, to make the process of presentation of the agreement modified before the authority labor. For the purposes of receiving notifications, the headquarters of the Commission joint is Street Prince of Vergara, no. 74, 5th floor-28006 Madrid.

By all this, and in test of as above and in accordance with it exposed, sign: by Confemetal.

By MCA-UGT.

By FI-CC. OO.

By ELA.

By IGC-METALL.

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