Having regard to the contents of the I Trade Framework Agreement (AMAC), convention code n ° 99100085072012, which has been signed dated December 15, 2011, by the Spanish business organizations Trade (ECOC) and the Madrilewood Association of Food and Distribution Employers (UNICA), representing companies in the sector, and, of the other, by the trade unions FECOHT-CC.OO. and CHTJ-UGT, representing workers of the Article 83 (2) and (3), in conjunction with Article 83 (2) and (3) thereof, Article 90 (2) and (3), both of the recast of the Law of the Workers ' Statute approved by Royal Legislative Decree 1/1995 of 24 March, and of Royal Decree 713/2010 of 28 May on the registration and deposit of agreements and collective agreements at work, this Directorate-General for Employment resolves:

First.

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

Second.

Arrange for publication in the Official State Gazette.

Madrid, 2 February 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

Trade Framework Agreement (AMAC)

Preamble

This agreement is of general effectiveness and is in the nature of a framework agreement, in accordance with Article 83. 2 of the Staff Regulations. It also regulates specific subjects, with the value of collective agreement, in accordance with the provisions of Articles 83.3 and 85 of the Staff Regulations.

All parties recognize the importance of this country's retail and wholesale trade sector in terms of number of companies, number of workers employed and contribution to Gross Domestic Product.

The signatory organizations are subject to a wide spectrum of collective agreements that have been negotiated in many cases over the last thirty years, covering the majority of workers and companies. of the trade sector. And that the collective bargaining process has developed in an autonomous manner between the parties in sectoral agreements and in state, inter-provincial, autonomous and provincial subsectors and in company agreements, recognizing in the the parties as legitimate subjects without the agreement of the rules of basic management of collective bargaining.

By the Spanish Confederation of Trade and the most representative trade union organizations at the national level have developed, in some cases together with other national business organizations, negotiation processes Since 1993, collective bargaining has taken place in specific areas (continuing training, the Extractive Conflict Resolution) and generally for collective bargaining. The Spanish Confederation of Trade in CESMEs and the most representative trade union organisations at national level have also developed an intense process of collaboration between them in the context of the European Social Dialogue. within its European organisations.

That according to their respective practices in collective bargaining the parties are aware of the representative plurality both in the union sphere and in the ambit of the business organizations in the representation of different sub-sectors of trade, without prejudice to the central and majority position that the Spanish Confederation of Trade occupies in small and medium-sized Spanish trade.

From a global perspective on the sector, the parties share the need to modernize industrial relations through agreements between the two parties in the framework of their respective statutory resolutions and with the support of their respective parties. Management and control bodies,

The undersigned organisations value and acknowledge the need for social consultation in this sector of trade. Whose antecedent comes from the defunct Trade Ordinance and the 1996 agreement. Furthermore, the present new Framework Agreement on Trade (AMAC) also responds to the need to find ways of reflection and to reach agreements on the regulation of the sector, in a context of serious economic crisis, through the social dialogue of find alternatives that favour the maintenance and creation of quality jobs, which avoid the definitive adjustments of templates. And all of this through what is intended to be a modernization of our collective collective bargaining, for the extension of the best practices of negotiated flexibility and the renewal of the contents of the collective agreements.

The parties assume these conscious challenges that we are the protagonists of the change of productive model necessary to be able to compete and to face the dynamism of the global market and the economy in general, in a situation in which policies are essential to provide companies with liquidity, public and private investments and the dynamisation of consumption, as key elements for the exit from crisis, maintenance and job creation.

Also, it is appropriate to the necessary modernization of our companies to grow their productivity and competitiveness, based on the necessary negotiation between the business and trade unions, and the flexibility Internal negotiation of the different working conditions as a priority for any external flexibility mechanism. A flexibility of double direction, which also responds to the needs and expectations of people, to reconcile personal and work life. In this sense, it is necessary for collective agreements to regulate the general criteria by allowing adaptation to the idiosyncrasies of the subsector, territory or enterprise in their productive and service reality.

in addition, continuing training and recruitment are also essential elements of collective bargaining, as this must be a tool not only for the maintenance of employment but also for the creation of jobs. job.

Enhancing an efficient development of mediation and arbitration systems in labor and negotiation conflicts of collective agreements is not only a demand for the dynamism of the sector, but a legislative necessity, which must be a fundamental instrument of the Industrial Relations Framework. The new role of collective agreements and their joint committees, the extra-judicial procedures for resolving differences, following the legislative reform, are an important object of this AMAC.

The AMAC, wants to guide collective bargaining, in the new legislative framework, determined by Law 35/2010, of 17 September, of urgent measures for the reform of the labour market; the Royal Decree-Law 7/2011, of 10 of June, of urgent measures for the reform of collective bargaining. Professional training and the quality of our system, the extension of the system of qualifications, are a basic issue for our efficient and competitive economic development and the backbone of the change of production model.

The undersigned organizations agree on the desirability of analyzing the structure of collective bargaining in the sector, developing a correct articulation of the different levels of negotiation, expanding their coverage, finding the best territorial and sub-sectoral alternatives, aware of the new legislative framework implied by Royal Decree-Law 7/2011 of 10 June, of urgent measures for the reform of collective bargaining.

A territorial and sub-sectoral analysis of the areas of negotiation is desirable, in order to operate in the procedures of grouping, adhering and extending collective agreements, respecting the autonomy and freedom of the parties. negotiations.

It is necessary to take into consideration that the Royal Decree-Law 7/2011 of June 10, of urgent measures for the reform of collective bargaining, in the agreements of this sector sector is recognized the ability to order the the structure of collective bargaining and its articulation, so the rationalization of the current structure of the various collective bargaining orders must be strengthened, allowing for the autonomy and the negotiating freedom of the parties to be respected representative at the various levels of negotiation, the implementation of the processes which consider appropriate, in order to achieve the objective of streamlining collective bargaining in the sector.

It must be a common goal for companies and workers in the trade sector to be covered by a collective agreement of application. In the case of non-coverage, appropriate mechanisms should be considered in order to be able to resolve this situation, through the extension of pre-existing collective agreements, the inclusion in functional areas of existing collective agreements or the creation of new conventions. Operating, for the extension and the creation of new agreements, when necessary, the new representativeness granted by the Royal Decree-Law 7/2011, of June 10, of urgent measures for the reform of the collective bargaining, to the organizations more representative employers and trade unions. As for the emerging sectors, the parties must call on the other to bring forward a new convention or the incorporation into the functional scope of a pre-existing agreement, respecting the principle of non-competition laid down in the Statute of the Workers and other legally provided limits. Special attention will be given to not affecting functional areas that may have an application convention.

Companies and, as a result, the working people, have to face the adaptations today, with more and more agility, in terms of production or activity; these require technological adaptations, organizational and, in specific cases, important transition processes. Therefore, the configuration of a new model of responsible and sustainable competitiveness requires incorporating into the agreements those strategic elements that guarantee the development of the company or sector, considering:

□ The needs of the company to have a flexible framework of industrial relations, to make investments, to implement technology, to innovate, to investigate and to carry out a management of knowledge and the organization that add value. Together it means the ability of the company to adapt.

□ The needs of the working people to maintain and expand their professional and promotional expectations, to offer them more security and future prospects, even if changes occur, to allow them to reconcile with his personal and family life, to have a more committed role in the company and to improve his working conditions.

□ The desirability of organizational changes in enterprises to occur in a context of participation in the legal representation of workers, and particularly in transition processes.

□ The complexity of the negotiation of flexibility requires that it be carried out in accordance with the different realities of the subsectors and companies. It should be noted that there is no single solution line, but each case will have a particular treatment.

The negotiation of flexibility must have elements of balance, guarantee and effectiveness. The agreements will therefore include the content and the reference mechanisms for applying these matters in a way that is adapted to their particularities and with a view to adapting them in the business field.

The undersigned organisations agree that flexibility must be negotiated in the various aspects and conditions of industrial relations in order to provide companies with an appropriate framework to adapt to the demands that they must comply with and bring security to the working people. In such a way that the existence of flexible labour relations mechanisms must enable companies to have the necessary capacity to adapt in a hugely changing economic world, in more open markets with the introduction of more immediate technological innovations, with constant fluctuations in demand that makes it unpredictable, and with unstoppable phenomena such as internationalisation and economic globalisation.

The goal is the achievement of more competitive and viable companies, with the ability to manage efficiently and ultimately avoid going to external and traumatic adjustments.

CHAPTER I

General provisions

Article 1. Signatory parties.

These are parties to this Framework Agreement on Trade (hereinafter AMAC), on the one hand, as union representation, the State Federation of Trade, Hostels and Tourism of Workers ' Commissions (FECOHT-CC.OO.) and Federation State of Trade, Hostels, Tourism and Gaming Workers of the General Workers ' Union (CHTJ-UGT); and on the other hand, as business representative, the Spanish Confederation of Trade (CEC), and the Madrileña Association of Employers of Power and Distribution (UNICA).

Both representations, trade union and business, reiterate the mutual recognition of legitimization and representativeness as interlocutors in the state sphere of collective bargaining of the trade sector in the terms exposed in the functional scope of this agreement, under Article 83.2 of the Staff Regulations.

Article 2. Personal scope.

This AMAC is applicable to the employment relationships of companies and workers, who provide their services in those through employment contracts, as provided for in Article 1.1 of the Staff Regulations. Workers. The persons covered by Articles 1, 3 and 2 of the Royal Legislative Decree 1/1995 of 24 March, approving the recast of the Law of the Workers ' Statute, or the provision to replace it, are excepted.

Article 3. Functional scope.

1. The AMAC is applicable to natural or legal persons whose activity (exclusive or principal) is professionally developed with a profit motive; using or not, an open commercial establishment; which consists in offering the sale of any class of goods, either to the final consignee (for sale in detail) or for subsequent sale (wholesale trade); both in their own name or in third parties; and which are not affected by a production cycle, even if the product may suffer a pre-conditioning, provided that they are within the field of application of the extinct Ordinance Labor of Commerce.

2. They are expressly excluded from the scope of this AMAC:

(a) Companies and workers falling within the functional scope of Article 1 of the Convention of Great Stores (Official Gazette of the State of 5 October 2009).

b) Businesses and commercial activities that are included in the state collective agreement of Madera, having an express sectoral regulation differentiated in terms of structure.

(c) Companies and workers engaged in commercial activities covered by the agreements state of the bakery industry and the state framework agreement for pastry, confectionery, bolleria, artisanal ice cream and dishes (a) cooked, by means of a differentiated sector-specific regulation in terms of structure.

3. Any possible conflict of competition with the trading companies of the metal will be resolved in accordance with the provisions of Article 2 of the State Agreement of the Metal Sector in its definitive wording (Official State Gazette of 4 February 2008).

Article 4. Territorial scope.

This AMAC will be applicable throughout the Spanish territory, also applying to the staff employed in Spain by Spanish companies to provide services abroad.

Article 5. Temporary scope.

This AMAC subscribes with a vocation of permanence and standard normative stability. The parties agree to a validity from the day of their signature and until 31 December 2013, although it will enter into force once registered and registered by the Labor Authority, in accordance with the rules of Article 84.1 of the Statute of the Workers.

Article 6. Denunciation of the agreement.

1. The denunciation of this AMAC by any of the parties entitled to do so, in accordance with Article 86 of the Staff Regulations, shall be made in writing, before the 90 days remaining for completion and shall contain the precepts to be reviewed, as well as the scope of the review.

2. The complaint made in accordance with the preceding paragraph shall be transferred to each of the parties entitled to negotiate before the end of the third quarter of the last year of the AMAC's term; otherwise, it shall be extended for one more year.

3. Within 30 days of the complaint being made, both parties undertake to initiate the negotiation of a new Framework Agreement. At the first meeting after the negotiating table, the negotiating proposals shall be drawn up by the parties and the timetable for meetings shall be fixed.

Article 7. Binding to the entire.

The present AMAC forms an organic and indivisible whole, so if by a firm judgment of the competent jurisdiction, no substantial part of its articles is declared the Negotiating Commission in the maximum term of three months to count from the firmness of the judgment, will give solution to the question raised, negotiating and reaching a new agreement on the article or matter affected by the sentence.

Article 8. Management of collective bargaining in the sector.

1. Under the provisions of Article 83.2 of the Workers ' Statute, the signatory parties agree to establish the structure of collective bargaining in the sector which will be made up of: the present Framework Agreement on Trade, the State and/or inter-provincial sectors of existing sectors, sectoral collective agreements of Autonomous Community and/or provincial and collective agreements of undertakings.

2. The materials contained and regulated in this agreement may not be negotiated in lower areas, being reserved for the sectoral state. Exclusive to the state and inter-provincial statutory collective agreements of trade subsectors and those of undertakings in force at the date of the signing of this agreement, it is expressly delegated to the negotiating committees. of the same so that, in accordance with the rules of competition and enforcement, they include and negotiate in their field how the content of this framework agreement should be transposed and how the rules of this first framework agreement are understood. Case of discrepancies shall be the sectoral joint committee of the AMAC which shall determine its application.

3. The current structure of collective bargaining in the field of trade in the different areas defined in paragraph 1 of this Article is the reference framework for collective bargaining and is the regulatory reference for collective bargaining. sets out the rights and obligations of employers and workers. Therefore, beyond updates, modernizations and eventual reorganizations of areas that the legitimized parties can agree on, in their diversity, the sectoral agreements (provincial and/or regional) and the existing agreements of company This is the framework that is deemed necessary to maintain its continuity. In addition, from the single and priority reference framework for determining the structure of collective bargaining in the trade sector. Therefore, the present AMAC will always be preferential, compared with other possible autonomous framework agreements; since the trade sector is global, having a character and regulation that must be state and uniform for the entire territory.

4. The collective agreements in the field of business that are negotiated after the entry into force of this AMAC-understanding of the agreements or agreements of companies, groups of companies or related companies-will only have priority (a) the application of Article 84.2 of the Staff Regulations, where the following conditions are met at the same time:

• Have a minimum workforce of 500 workers at the relevant provincial or regional level.

• Develop your activity in two or more Autonomous Communities or in more than 50% of the provinces of the same Autonomous Community.

In the collective agreements related to the previous paragraph, the promoters of the same must:

(a) A copy shall be sent to the joint committee corresponding to the territorial scope of the new agreement to be sought, indicating the elements, parts and characteristics at the beginning of the new business area. which are intended to be started.

(b) The negotiation process shall be completed, the negotiating parties shall communicate to the relevant Joint Committee the agreement reached.

(c) In the event that an agreement is not reached with respect to the content of the Collective Agreement itself, the application of the collective agreement corresponding to that date shall be maintained.

If the circumstances referred to in the above paragraph are not given, the application for the above mentioned matters shall be those laid down in this Agreement and those contained in the sectoral collective agreements of Autonomous or provincial community which are applicable. Notwithstanding the foregoing, the agreements of undertakings shall be subject to the rules of dispute settlement as set out in Article 84.1 ET, the priority being recognized as applying to that convention between the concurrent ones, which would have been negotiated first.

5. Where new materials (reserved or not) are negotiated and incorporated into the content of this AMAC in the future, the parties shall determine, in each case, whether they are reserved for this sector-specific state area, without being able to negotiate in areas lower, or its regulation may be supplemented by other conventional provisions in lower areas of collective bargaining, in the terms that are established. The agreements to be negotiated at a later date shall be fully integrated as chapters to this Agreement.

6. In addition to the provisions of Article 84.4 of the Workers ' Statute, the signatory parties agree to negotiate as matters of this AMAC the following:

1. Functional mobility.

2. Principles of recruitment, company income, cessation and trial periods.

3. Geographical mobility.

4. Disciplinary regime.

5. Training, professional qualifications and professional promotion.

6. Procedures for out-of-court settlement of labour disputes.

7. Promotion of the Prevention of Labor and Occupational Health Risks in the sector.

8. Equal opportunities and non-discrimination.

9. Stability in employment.

7. It will also be matters to negotiate in the present AMAC those that are referred to the state sector by future legal provisions or interconfederal covenants.

CHAPTER II

Interpretation, application and development of the agreement

Article 9. Joint Commission.

It is agreed to establish a Joint Commission as a body for the interpretation and monitoring of compliance with this AMAC and for any questions raised by law or by subsequent agreements. result from application to it.

It is agreed to establish as a registered office of the Joint Commission of the Spanish Confederation of Trade in Calle Orense n. º 25, 2. º right, C.P. 28020 Madrid, without prejudice to the fact that the writings addressed to it can be sent to any of its signatory trade union organisations:

• FECOHT-CC.OO., at the Plaza de Cristino Martos, 4, 28015 Madrid.

• CHTJ-UGT, in Avda. de América, 25, 4. ª, 28002 Madrid.

Article 10. Composition.

The Joint Committee shall be composed of six representatives of the workers, appointed by the trade union organisations which have signed this Agreement and six representatives of the employers, appointed by the signatory business organizations.

This commission will be able to use the services of advisors in all matters of their competence, which may be freely designated by each of the parties.

Article 11. Procedure.

The matters submitted to the Joint Committee shall be of a kind or extraordinary nature. They will award such qualification any of the union and business organizations that are signatories to the collective agreement.

In the first case, the Joint Commission will have to resolve within 15 days, and in the second, the maximum of seventy-two hours.

They will proceed to convene the Joint Commission, interchangeably, any of the parts that integrate it.

Article 12. Functions.

The following are specific functions of the Joint Commission:

1. Interpretation of the Framework Agreement. Such interpretation shall be carried out on the basis of the following guidelines:

1.1 Where any of the parties to the Joint Committee receives an application for intervention, it shall transmit it to the other parties thereof, so that each party may obtain the information it deems necessary, each case the character of ordinary or extraordinary for the purposes of the term of the judgment of the same.

1.2 The Resolution of the Joint Committee will be made in all cases on the basis of the information provided by the consulting party, taking into account the additional documentation received and the assessments that the Commission Mixed, perform. For the relevant purposes, all this documentation shall be filed by the Joint Committee and shall be an integral part of the Joint Committee's own resolution. The Joint Committee shall notify the parties concerned by each consultation of the Resolution adopted.

1.3 The agreements of the Joint Commission for the interpretation of the Framework Agreement will have the same value as the text of the Framework Agreement in accordance with the provisions of Article 91 (4) of the Workers ' Statute. In any case, the affected parties may appeal to the competent jurisdiction in defence of their interests.

1 bis. In particular, the Commission will, if it is consulted, intervene in the applications for the inclusion or otherwise of a certain business activity in the field of the trade sector, using as a criterion the definition of the the activity carried out in this field and/or the CNAE corresponding to the activity carried out by the undertaking.

In the same way, it may intervene with the National Consultative Commission of Conventions or Body to replace it in its functions in relation to the consultations on the applicable collective agreement which may be dealt with in relation to activities of the sector.

2. To mediate or to adjudicate on the treatment and solution of any collective issues and conflicts that may arise in its field of application. Such intervention shall take account of the procedures laid down for this Agreement.

3. Monitoring the collective compliance of the agreed upon.

4. Development of adaptation functions or, where appropriate, the modification of the Framework Agreement during its lifetime. In this case, the Joint Committee shall be incorporated in all the parties entitled to the negotiations, even if they have not been signatories to the Convention, the concurrence of the requirements for legitimization provided for in Articles 87 and 88 of the Workers ' Statute for the amendment to have general effectiveness.

5. To understand in terms of consultation and/or mediation, prior and obligatory to the administrative and judicial way on the interposition of the Collective Conflicts that arise in the companies affected by this Convention by the application or interpretation derived from it.

6. The Joint Committee will be particularly concerned with the knowledge and reception of information in relation to the essential problem of employment in the sector, analysing and reporting on situations of job security in the event of change of employment. contracts, on the conditions for the applicability of Article 44 ET or Directive 2001/23. By collecting data from the companies concerned, the timely information will have to be issued on the basis of the relevant opinions or conclusions, in order to ensure employment.

7. To mediate and resolve conflicts that may arise from the homogenization of the issues of application or translation of this AMAC, and in particular, in the cases provided for in Article 8 (2).

8. Mediate any conflicts that may arise in case of concurrency, in some matter, between the lower-scope conventions and the present AMAC.

9. In the case of changes in the field of the undertaking of working conditions laid down in collective agreement in the terms of Article 41 (6) of the Staff Regulations, the Commission shall have jurisdiction in respect of those undertakings (a) a multi-provincial area which is not affected by an agreement of its own or by a state or inter-provincial agreement, unless it has adhered to the contents of this Framework Agreement, as follows:

(a) In the case of an agreement between the company and the legal representation of the workers designated in accordance with that article to record the notifications of the agreements reached.

b) In the event of disagreement during the consultation period and whenever requested by either party, it may mediate the discrepancies within the maximum period of seven days from which it was formally received at the headquarters of the Joint Commission the approach of the same. The mediation of the Commission shall take place in accordance with the procedures provided for in this Agreement.

10. In the case of negotiation in the field of the enterprise of non-application of the wage regime and for the same undertakings as referred to in the previous paragraph, the provisions of the article relating to the procedures for mediation established in this Agreement.

11. Powers of adaptation or, where appropriate, modification of this AMAC in the terms laid down in the legislation in force.

Any discrepancies that may arise within the Joint Commission in relation to any of the above powers shall be submitted by the parties to the mediation and arbitration procedures regulated in the Joint Committee. Agreement on the Extrachaujudicial Solution of Labor Conflicts (ASEC) in force at any time. Those procedures shall be developed in accordance with the rules and rules of internal operation of the SIMA.

Article 13. Specific commissions provided for in this Framework Agreement.

According to the provisions of this Framework Agreement, for the development of their contents they will be constituted:

a) The Equality Commission.

b) The State Sectoral Safety and Health Commission at Work in the Trade Sector

c) The Sectoral Mediation and Arbitration Commission.

d) Eventually, the Sectoral Commission for Continuing Training.

With regard to its composition, competences and the development of its functions, the provisions of each of the Chapters of this Framework Agreement will be available.

The Joint Commission of this Agreement will coordinate and promote the operation of the various Commissions created.

Article 14. Sectoral Observatory on Employment and Collective Bargaining.

The parties to this Agreement agree to constitute within the Joint Commission of the Agreement, and with the same criteria as the composition of the Framework Agreement, a Sectoral Observatory on Employment and the Collective bargaining.

Specific missions of the Sectoral Observatory shall be as follows:

(a) The implementation of a sectoral map of the State's scope with the existing collective and enterprise collective agreements, to the date of signature of this Agreement.

b) The continuous updating of the data in the sector map in order to detect the evolution of the agreements in the sector, to detect the situations and causes of the negotiation blocks and to be able to elaborate conclusions and general reports on the same.

c) The analysis of the evolution of the structure, in order to analyze the changes that may arise, the evolution of the new initiatives of negotiation, extracting the general conclusions that are considered suitable by the parties.

d) The preparation of the necessary technical reports on the current contents of the collective agreements for the development in the state field of the subjects provided for in this Agreement.

e) To establish the necessary rules in the transfer of commercial activity in the establishments referred to in the Organic Law for the Management of Retail in Land Transport Stations, Maritime in order to optimise the vocational training of workers, their level of specialisation, their loyalty and their stability in employment.

Following the signature of this Agreement and the formation of its Joint Committee, the undersigned organizations shall appoint their representatives to the Sectoral Observatory for Employment and Collective Bargaining.

In its first session, the calendar of actions will be established in the period of validity of the Framework Agreement, in order to allow the Negotiating Commission to address the discussion and, if necessary, the approval of the new Chapters of the AMAC of the materials of Article 8, as well as those deemed appropriate by the parties.

CHAPTER III

Out-of-court settlement of collective conflicts and negotiation of conventions

Article 15. Adherence to autonomous conflict resolution systems.

The parties agree to their full and unconditional adherence to the Fourth Agreement on Extractive Conflicts of Labor Conflict (ASEC IV) published in BOE No. 63 of March 14, 2009, or to the rule that during the period of validity of this Agreement. The agreement is replaced, in full by the mediation bodies, and in their case arbitration, established by the Interconfederal Mediation and Arbitration Service (SIMA).

Article 16. Procedures for mediation and arbitration by the Joint Committee of this Agreement. Areas of action.

1. Functional and territorial scope of application of the procedures.

The mediation and arbitration procedures provided for in this Chapter shall affect all workers and companies within the personal, functional and territorial scope of this Agreement in accordance with the provisions of this Chapter. Articles 2 to 4 of this Regulation.

State conventions in specific sectors of trade may accede to them, by means of Act to the effect of their Joint Committee if they have been assigned the competition or their negotiating commission if not. In the event of their accession, each business organisation which is a signatory to such an Agreement shall have the right to participate with a voice in the Mediation and Arbitration Committee provided for.

Companies with their own collective agreement in force for the signing of this Agreement will be able to join them in the same way.

2. Material scope of application of these procedures.

The voluntary mediation and/or arbitration procedures covered by this Chapter shall be subject to:

1. Collective disputes arising from the interpretation and application of this Trade Framework Agreement.

In any event, the Joint Committee will intervene, prior to any dispute, in the interpretation and application of the Framework Agreement which have been submitted to it, in accordance with the principles and procedures laid down in this Agreement. set in this chapter.

2. The resolution of the discrepancies that may arise in companies of higher scope to the Autonomous Community in the negotiation for the substantial modification of working conditions established in the collective agreements that result from implementation in accordance with the provisions of the current Article 41 (6) of the Staff Regulations.

In the case of companies with their own agreement in force for the signing of this Agreement, the submission will be voluntary, unless adherence to these procedures has been agreed.

In the case of companies of higher scope than the Autonomous Community to which a state collective agreement of a trade sector is applicable throughout the national territory, access to the procedures will be possible if the Commission negotiating or paritaria of its state convention has adhered to its contents.

In the case of companies of higher scope than the Autonomous Community to which different sectoral conventions of regional, regional and/or provincial scope apply, they will be able to access these procedures whenever the The amendment that has been raised concerns more than one Autonomous Community. In such a case, the company must identify the conventions concerned, in order to enable the bodies provided for in this Agreement to communicate this file to their Joint Committees.

3. The resolution of any discrepancies which may arise in companies with a higher level than the Autonomous Community in the negotiations for the implementation of the wage regime referred to in Article 82 (3) of the Staff Regulations.

In the case of companies of higher scope than the Autonomous Community to which a state collective agreement of a trade sector is applicable throughout the national territory, access to the procedures will be possible if the A special negotiating committee or joint committee of its state convention has adhered to its contents, otherwise the Joint Commission of its convention in the terms that is established.

In the case of companies of higher scope than the Autonomous Community to which different sectoral conventions of regional, regional and/or provincial scope apply, they will be able to access these procedures whenever the The amendment that has been raised concerns more than one Autonomous Community. In such a case, the company must identify the conventions concerned, in order to enable the bodies provided for in this Agreement to communicate this file to their Joint Committees.

4. Those labor disputes that comprise a plurality of workers, or in which the interpretation, which is the subject of the divergence, affects collective interests, affecting more than one Autonomous Community.

On a voluntary basis, they may also submit to the voluntary mediation and/or arbitration procedures of this Agreement, prior to their access to the settlement systems established in agreements interprofessionals:

1. The discrepancies existing at the time of signature of this Agreement in any type of convention included in the functional area provided that such discrepancies have resulted in a block of the agreement of more than six months since the last meeting of your negotiating committee.

2. The discrepancies in the course of the negotiation of any type of convention falling within its functional scope which have been initiated after the signature of this Agreement before the end of the maximum period for negotiation of the same.

3. The discrepancies existing during the negotiation of any type of agreements falling within their functional scope which have been initiated after the signing of this Agreement after the end of the maximum period for negotiation of the same and prior to the intervention of the interbranch dispute settlement systems.

4. The existing discrepancies in companies with a higher level of a Autonomous Community in the negotiation of:

a) Enterprise Equality Plans.

b) Any type of collective working conditions.

Article 17. Management body of the mediation and arbitration procedures.

For the purposes of managing the mediation and arbitration procedures established in this Chapter, the signatory parties as well as the business organizations that are signatories to state conventions that adhere to its contents, shall proceed within three months from the signature of the Agreement to:

1. Constitute a Sectoral Commission for Mediation and Arbitration, a joint composition between business and trade union organizations and at least one voice will be guaranteed to each of the signatory organizations and the majority of the Spanish Confederation of Trade in business representation.

2. Approve a Commission Operating Regulation and procedures.

3. Set a list of mediators and referees.

The undersigned organizations will also seek to encourage the use of these procedures as a means of concertation and a dialogue of labor conflicts, spreading their content between workers and entrepreneurs.

Members of this Mediation Commission, appointed by their organizations, may expressly delegate their mediating function to one of its components. The Commission of Mediation shall be integrated into the Interconfederal Mediation and Arbitration Service (SIMA) and shall act in accordance with the rules of procedure laid down in the current Agreement on Extractive Conflicts Labor.

Article 18. Procedures.

1. Mediation.

When the conflict of interpretation and application of the AMAC magazine is collective, the mediation will be obligatory in all cases and must necessarily precede the corresponding judicial action.

In any event, the Joint Commission will intervene, with prior character, in those conflicts of interpretation and application of the AMAC that have been submitted to it, in accordance with the principles and procedures established in the this chapter.

The mediation may be requested by mutual agreement or at the request of the Mediation Commission.

The mediation request will indicate the issues on which the conflict is concerned, as well as the proposals of the requesting party or both.

Members of this Mediation Commission will draw up their proposals by consensus.

If no agreement is reached in the mediation process, the Mediation Commission will make a final proposal of which it will necessarily go on record in the final act.

The solution proposals offered by the Mediation Commission may be freely accepted or rejected by the parties. In the event of acceptance, the agreement reached shall have the same effectiveness as the collective agreement if it were a conflict of interpretation of this Framework Agreement or the conflicts on the blocking of collective agreements, However, in this case the agreement by the negotiating commission of the agreement is signed. Unless the Joint Committee of the AMAC itself decides to quote the parties at the SIMA headquarters in Madrid, the act of mediation shall be carried out in the locality or area where the conflict originated, all in accordance with the provisions of internal regime of SIMA.

The referral to the SIMA of the conflicts referred to in this paragraph is made under Article 6.4 of the ASEC, which has been reproduced here.

2. Arbitration.

In the event that the mediation ends without agreement, either party may follow the administrative and judicial path for the settlement of the conflict, or, by common agreement, urge the Mediation Commission designated in accordance with the provisions of this Chapter to be resolved by arbitration by deciding on the latter on the basis of what has occurred in the mediation process if it resolves the arbitration directly or proceeds to appoint arbitrators to that effect.

3. Costs of mediations and arbitrations.

The costs arising from all the mediation and arbitration procedures provided for in the preceding paragraphs shall be subject to the rules of the relevant SIMA or regional body. In the event of other expenditure not covered by the said bodies or the normal functioning of the Joint Committee of the AMAC, each of the parties affected by the said procedures shall bear their own costs. expenses.

CHAPTER IV

Effective equality between women and men

Article 19. Principle of equal treatment and opportunities.

Women and men are equal in dignity, as well as in rights and duties. The principle of equal treatment between women and men implies the absence of any discrimination, whether direct or indirect, by reason of sex, and, in particular, those arising from maternity, the taking of family obligations and the marital status.

By means of the regulation contained in this chapter, the right of equal treatment and opportunities, between women and men, in the sector of the state sector of commerce, in particular by means of the elimination and prevention of discrimination against women, regardless of their circumstances or conditions, in accordance with the provisions of the Organic Law 3/2007 of 22 March on the effective equality of women and men.

Article 20. Non-discrimination in industrial relations.

The principle of equal treatment and equal opportunities for women and men, applicable in the field of employment in the trade sector, will be guaranteed, in the terms laid down in the applicable legislation, on access to employment, in the recruitment, in vocational training, in professional promotion, in working conditions, including remuneration, reconciliation and redundancy, and in the membership and participation of trade unions and employers ' organisations; business.

Measures for the effective implementation of the principle of equal treatment and non-discrimination in working conditions between women and men, including those for positive action, shall apply to

following conditions:

1. Access to employment.

2. Professional classification.

3. Professional promotion.

4. Vocational training.

5. Remuneration.

6. Time of work.

7. Working conditions.

8. Reconciliation of personal, family and work life.

9. Occupational Health.

10. Protection against harassment on grounds of sex and sexual harassment.

11. Protection against gender-based violence.

Article 21. Sectoral objectives in the field of equality.

The organisations which are signatories to this Framework Agreement understand that it is necessary to establish a general regulatory framework for intervention at sectoral level to ensure that the fundamental right to equal treatment and Business opportunities are real and effective. They therefore agree on the following general sectoral objectives:

(a) Establish guidelines for the elaboration, structure and procedure of equality plans in order to achieve the optimal management of human resources in order to avoid discrimination and be able to offer equality of real opportunities, building on a permanent resource for social dialogue.

(b) a Sectoral Commission for Equality whose powers are referred to in this Framework Agreement for the purpose of the development of effective work on equal treatment and opportunities in the job.

Article 22. Commission of equality in the state sector of commerce.

By the parties to this Agreement, which will be joined by the business organisations that are signatories to sectoral agreements at the state level of trade if they decide to accede to the contents of this Agreement, constitute an Equality Commission for the purposes of following Article 45 of Law 3/2007, consisting of an equal number of members of the undersigned business and trade union organisations.

At least one vowel will be guaranteed to each of the business organizations that are signatories of state agreements if they adhere to the contents of this Agreement and the majority of the Spanish Confederation of Trade in the business representation. In the same way, representation among the vowels of FECOHT-CC.OO. and CHTJ-UGT will be equal. In the event that the business organisations signatory to state conventions do not agree, the Commission would be composed of six members representing the business organisations which signed the Framework Agreement and six members representing the trade union organizations that have signed an equal number of representatives.

In the designation of vowels representing organisations, a balanced and equal composition of women and men will be sought.

The Equality Commission will ensure that there are no situations of inequality or discrimination between women and men in companies. It will also monitor the implementation of the equality measures provided for in this Chapter, as well as those in the lower-level collective agreements and/or the equality plans in enterprises in the field of education and training. Trade, being able to issue non-binding recommendations if requested by any of the parties involved.

Within the Equality Commission, new measures on equal treatment and opportunities for women and men can be proposed for inclusion in collective bargaining.

The Equality Commission of this Agreement will seek from the public authorities the promotion measures to promote the voluntary adoption of equality plans, especially aimed at small and medium-sized enterprises in the Trade, provided for in Article 49 of the Organic Law for the effective equality of women and men.

Article 23. The equality plans of trade companies and other measures to promote equality.

1. Trade companies are obliged to respect equal treatment and equal opportunities in the labour market and, for this purpose, must take measures to prevent any kind of discrimination between women and men. they must negotiate, and in their case agree, with the unitary and trade union representation, if any, with the scope and content set out in this chapter.

2. In the case of trade companies of more than two hundred and fifty persons, the equality measures referred to in the preceding paragraph shall be directed towards the negotiated preparation and implementation of an equality plan, with the scope and content set out in this chapter.

3. The development and implementation of equality plans will be voluntary for other companies, after consultation with the representative bodies of the unitary and trade union representation.

4. The plans for equality of enterprises are an ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving equality of treatment and opportunities between women and men in the enterprise and eliminating the discrimination on grounds of sex.

5. The equality plans shall determine the specific objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective monitoring and evaluation systems for the objectives set.

6. In order to achieve the objectives set, the equality plans shall include, inter alia, matters of access to employment, professional classification, promotion and vocational training, remuneration, organisation of working time, conciliation of personal, family and work life, gender-based violence and the prevention of sexual harassment and harassment on grounds of sex.

7. The equality plans shall include the whole of a company, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

8. In any case, the access of the unitary and trade union representation or, failing that, of the workers concerned themselves, to the information on the content of the equality plans and the achievement of their objectives, is guaranteed.

The provisions of the preceding paragraph shall be without prejudice to the monitoring of the progress of the agreements on equality plans by the joint committees of collective agreements.

Article 24. Situation diagnosis.

Prior to the setting of the equality objectives to be achieved, companies will make a diagnosis of the situation by obtaining qualitative data, as well as quantitative data disaggregated by gender. in relation to working conditions and with particular reference to matters such as access to employment, training, professional classification, promotion, remuneration and management of working time, and reconciliation of personal, family and work life. All for the purposes of finding, if any, the existence of situations of unequal treatment or opportunities between men and women lacking objective and reasonable justification, or situations of discrimination on grounds of sex, assume the need to set those objectives.

Of all this, the companies will give written account to the unitary labor representation and, if any, union, being able such representations to issue the corresponding report if they consider it appropriate.

The diagnosis of the situation must contain the minimum data necessary for the provisions of Article 46 of the Organic Law 3/2007 to be able to analyze the situation of equal treatment between women and men in the company.

The criteria and channels of information or communication used in the selection, training and promotion processes should also be diagnosed, the methods used for the description of professional profiles and posts of work, language and content of job vacancies and application forms to participate in the selection, training and promotion processes, procedures or protocols in situations of pregnancy, maternity and/or breastfeeding, sexual harassment protocols and/or by reason of sex, procedure for possible cases of violence of gender and all information that, from the Equality Commissions of each company, it is considered appropriate to add in order to have an adequate view of the situation of the company.

The situation diagnosis data for the plans will always refer to the previous two years at least.

Article 25. Objectives of the equality plans.

Once the diagnosis of the situation has been carried out, the concrete objectives to be achieved can be established on the basis of the data obtained and which may consist of the establishment of action measures in those areas where has noted the existence of situations of inequality between women and men lacking objective justification, as well as in the establishment of general measures for the effective implementation of the principle of equal treatment and not discrimination.

Such objectives, which will include strategies and practices for their achievement, will preferably be aimed at areas of access to employment, classification, professional promotion and training, remuneration and management of working time to promote, in terms of equality between women and men, the personal, family and work reconciliation, prevention of sexual harassment and harassment on grounds of sex, occupational health, communication and enterprise culture and violence gender among others:

(a) Promote selection and promotion processes on equality that prevent vertical and horizontal segregation, consisting in the maintenance, where appropriate, of situations of work and professional activity distributed by reason of sex, or occupation to a greater extent from positions of responsibility on the part of men to the detriment of women, as well as to avoid the use of sexist language. This will aim to ensure transparent selection procedures for entry into the company through the non-discriminatory drafting and dissemination of job vacancies and the establishment of objective and appropriate tests for the requirements of the of the position offered, related exclusively to the assessment of individual skills and abilities.

b) Promote the inclusion of women in positions involving command or responsibility.

c) Establish specific programs for the selection and promotion of women in positions in which they are underrepresented.

d) Review the impact of the different forms of recruitment on the workers ' collective in relation to workers and take corrective action in the event of a higher incidence of workers, of the forms of hiring used.

e) Ensuring equal access for women and men to the training of both internal and external enterprises, in order to ensure that women remain in employment, developing their training level and adaptability to the requirements of the demand for employment.

f) Specific information for women in training courses for positions that have traditionally been held by men.

g) Conduct specific courses on equal opportunities and for the prevention of sexual harassment and/or by reason of sex.

h) Review the supplements that make up the salary to avoid discrimination based on sex.

i) Promote processes and set deadlines to correct the possible gender pay gaps between men and women.

(j) To achieve greater and better reconciliation of the personal, family and work life of men and women through awareness campaigns, dissemination of permits, existing legal surpluses or other measures, as well as promoting the co-responsibility of family life.

k) Establish measures to detect and correct possible risks to the health of women workers, especially pregnant women, as well as actions against possible cases of moral, sexual and sexual harassment, In all the issues related to the Prevention of Occupational Risks in the company, the gender perspective.

Article 26. Development and monitoring of equality plans in the business sector.

Once the diagnosis of the situation has been made, the trade companies affected by this chapter will have to negotiate, with the unitary labor representation and, where appropriate, the union representation, the corresponding plan of equality under the principle of good faith.

In the event that there were discrepancies in the negotiation of the equality plan that would be in conflict in accordance with the provisions of the law, it will be possible to go to the Equality Commission created in the present case. Chapter, in order to facilitate the mediation of this. Exhausted from the intervention of the Equality Commission, any of the parties may request the alternative solution procedures provided for in Chapter 7 of this Agreement.

Once the Equality Plan has been signed, the Commission will be set up to follow up the Plan, which will have an action regulation to ensure compliance with the measures adopted in the Plan and to check through the indicators the degree of compliance of each target and measure.

According to the provisions of Article 64 of the Workers ' Statute, the company will report at least annually on the results of the implementation of the agreed Equality Plan, and the legal representation can be obtained. workers issue report on the same.

The Equality Plan should set its duration, which in principle will be four years, after which, and after evaluation of its implementation, will be drawn up in the quarter before its expiry. equality plan, applying the provisions of this Chapter.

Article 27. Specific measures to prevent and treat sexual harassment and/or harassment on the basis of sex at work in the field of trade companies.

1. Introduction. Companies must promote working conditions that prevent sexual harassment and harassment on the basis of sex and to arbitrate specific procedures for their prevention and to give caution to complaints or complaints that may be made by those who have been object of the same.

To this end, measures can be established to be negotiated with unitary labour representation and, where appropriate, union representation, such as the elaboration and dissemination of codes of good practice, carrying out information campaigns or training actions.

Both unitary and union representation should contribute to the prevention of sexual harassment and harassment on the basis of sex at work by raising awareness among workers and workers, informing the the company's management of the behaviors or behaviors on which they were aware and which could lead to it.

2. Definition. Article 7 of the Organic Law 3/2007, of March 22 for the effective equality of women and men, defines sexual harassment as any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of against the dignity of a person, in particular when creating an intimidating, degrading or offensive environment and harassment by reason of sex such as any behaviour performed on the basis of the sex of a person, with the purpose or effect of to attack their dignity and create an intimidating, degrading or offensive environment.

3. Adoption of a code of conduct. Without prejudice to the provisions of this Article, as a preventive measure in situations of sexual harassment and harassment on grounds of sex, the adoption by the trade companies, with appropriate adaptations, of the "code of conduct on sex" is proposed. measures to combat sexual harassment " drawn up by the Commission of the European Communities, in compliance with the Commission Recommendation of 27 November 1992 /131/EEC on the protection of the dignity of women and men in the work, and which works as Annex III to this Chapter.

The purpose of the code of conduct, which must be disseminated within the companies, is to provide them and their staff with practical guidance on the protection of women and men at work, and to establish clear and precise recommendations and procedures to prevent sexual harassment and harassment on grounds of sex.

CHAPTER V

Prevention of Occupational Risks and Safety and Health at Work

The undersigned organizations of this Framework Agreement on Trade share the commitment to contribute more effectively to the prevention of occupational risks and to reduce the number of work accidents in the sector, It is essential to carry out a joint effort of companies, workers, public administrations, trade union and business organisations to promote preventive culture and to promote the practical application of the rules, especially in the small and medium-sized enterprises, as well as micro and self-employed entrepreneurs, in the field of integration of the prevention of occupational risks in the management of the company.

In addition, the Spanish Strategy on Safety and Health at Work, an instrument to establish the general framework of policies for the prevention of short, medium and long-term occupational risks that is in force for the signature of this Agreement has a special relationship in the field of collective bargaining by establishing its objective 3 " Strengthening the role of the social partners and the involvement of employers and workers in improving safety and health in the job. "

For the achievement of such commitments, it is considered appropriate to create a joint sectoral body for the definition and development of programs to promote health and safety at work. This chapter establishes the State Commission on Occupational Safety and Health in the Trade Sector, with the aim of disseminating and reporting on the professional risks in the sector, as well as the rights and preventive obligations of the sector. (a) employers and workers and the promotion of preventive actions, and the involvement of workers in the performance of their obligations in this field.

Article 28. State Health and Safety Sector Commission at Work in the Commerce sector.

1. The constitution of the State Sectoral Safety and Health Commission at Work in the Trade Sector is agreed as a collegiate body and a sectoral state-wide area, in order to disseminate and report on the professional risks existing in the sector. the sector, as well as the rights and preventive obligations of employers and workers and the promotion of preventive actions.

2. This body will assume all the powers set out in the Spanish Strategy on Safety and Health at Work 2007-2012 and will eventually be able to replace it in the future, and will carry out how many actions, actions, planning, projects, reports, etc., are accurate, as well as an annual assessment of their actions in order to meet their objectives in the field of occupational risk prevention.

Article 29. Functions.

The State Health and Safety Sector Commission at Work in the Trade Sector shall have the following tasks:

(a) to disclose and report on the professional risks in the trade sector, as well as on the rights and the preventive obligations of the employer and the workers.

b) Propose the strategy, the action programmes and formulate proposals for plans to be followed for the promotion of health and safety in the sector.

c) Establishing specific training programmes and content in the field of occupational risk prevention for workers in the sector.

d) Elaboration of an Annual Memory of your activities.

e) Annual assessment of the preventive effects achieved in the programmes and actions to be developed by the Commission.

f) Tracking the work accident and drawing up proposals for conclusions and actions to reduce it.

g) All those that correspond to the application of the Law on the Prevention of Labor Risks.

h) Develop objective 3 of the Spanish Strategy for Safety and Health at Work 2007-2012

Article 30. Headquarters of the Commission.

The headquarters of the State Sectoral Safety and Health Commission at Work in the Trade Sector is established at the registered office of the Spanish Confederation of Commerce, Calle Orense, 25, 2. th floor, of the city of Madrid.

Article 31. Composition of the State Sectoral Commission.

1. The Commission will have a joint role in its composition between employers ' organisations and trade union organisations.

2. It shall be composed of an equal number of members of the business and trade union organisations in such a way as to ensure at least one voice to each of the business organisations which are signatories to state conventions if they adhere to the contents of this Agreement and the majority of the Spanish Confederation of Trade in the business representation. In the same way, representation among the vowels of FECOHT-CC.OO. and CHTJ-UGT will be equal. In the event that the business organisations signing state conventions do not adhere to the agreement, the Commission would be composed of six members representing the business organisations which signed this Agreement and six members. vowels representing the trade union organisations which are signatories to the same number of representatives each.

3. The members of the Commission shall be appointed by the organizations to whom they represent, with a vocation to remain for the duration of this Framework Agreement of Trade, of which the State Sectoral Commission on Safety and Health at Work is an indissoluble part.

However, the vowels of the Commission may cease their duties in the same way by:

a) Compliance with the mandate, which will be understood as the initial term of this Framework Agreement.

b) Free revocation by the organization that designated you.

c) By express waiver.

d) For any other cause that prevents the designated vowel from exercising its functions as such.

In any of the cases of termination provided for in this Article, the voice of the Commission shall be replaced, for the purposes of which the business organisation or trade union organisation to which it is replaced shall notify the other components of the Commission as soon as possible the vowel replacing the previous one.

4. The components of the Commission shall be subject to the provisions of Article 65 (2) of the Staff Regulations and Article 37 (3) of the Law on the Prevention of Occupational Risks in respect of confidentiality and confidentiality. (a) professional information to be accessed as a result of the performance of his/her duties, even after he/she is no longer a member of that body. In any event, no documentation submitted to the Commission may be used outside the strict scope of the Commission and for different purposes for which it has been given, without the authorization of all the components thereof.

Article 32. Rules of operation of the Commission.

The Commission shall draw up its own rules of internal operation, which it shall give the Joint Committee of the present Framework Agreement on Trade, establishing the form and time of the call and the criteria for setting The Order of the Day, the majorities necessary to constitute the meetings and the rules of adoption of agreements among other matters.

The ordinary meetings will be quarterly and the extraordinary meetings will always be held jointly by one of the two representations.

To the meetings of the Commission, provided that it is informed in advance in writing, that advisers and technicians may be present, who may speak with a voice but without a vote, to whom the same duty of secrecy and confidentiality will apply. in respect of the subjects dealt with by the members of the Commission.

Article 33. Content of the programmes and actions to be carried out by the Joint Body.

1. Information actions:

a) Tracking the work accident in the sector and drawing up statistics for accidents.

The State Sector Safety and Health Commission at Work in the Trade Sector will develop the activities it agrees to study and to carry out a detailed monitoring of accidents in the sector, in particular the severe and with the result of mortality.

These activities will focus on the compilation of statistics that reflect the accidents and their incidence rates in the sector.

b) Sectoral information:

in order to encourage greater involvement of companies and workers in preventive action, it will develop information and dissemination activities for the occupational risks in the sector as well as for the principles to prevent the same, in particular those of the greatest entity, and the concrete rules for implementing such principles.

2. Research and development actions for new products for the improvement of safety and health at work in the sector.

3. Actions to promote compliance with the regulations on the prevention of occupational risks. It will be those actions of:

(a) Promotion of the preventive rights and obligations of employers and workers who promote knowledge and application of laws, regulations and conventions in the field of prevention of occupational risks, as well as preventive instructions.

b) Promotion of preventive actions that encourage the knowledge and involvement of entrepreneurs and workers in the company's preventive activities, thus promoting integrated preventive management.

The actions to be carried out in this regard will be aimed at companies of six to forty-nine workers and who lack representation of the workers, through the organization of a plan of visits that will be governed by the following principles:

1. The Joint Committees on trade agreements falling within the functional scope of this Agreement may request the development of actions provided for in this paragraph.

2. For each year, the State Sectoral Safety and Health Commission at Work in the Trade Sector will study the applications received and those that can be proposed by each of the member organizations and will select the ones that (a) to develop on the basis of priority criteria such as accident rates, greater difficulties for preventive action or other criteria which are deemed appropriate within the Commission. The Agreement will require the unanimous support of the members of the Commission.

3. The implementation of visits will be planned by the State Sectoral Commission under the principle of parity.

The visits will be communicated to the companies by the Commission in advance and must be accepted by the Commission.

The realization of the same will be done jointly.

4. Such visits shall be carried out by specialised persons with specific training on the sector and appropriate technical capacity in preventive matters, having at least a basic level of qualification in the prevention of occupational risks and which, with the specific designation of Sectoral Prevention Technicians, they will be identified in the functions established in this Program through accreditation that will be carried out by this State Sectoral Commission.

5. The activities and reports of the visits shall be subject to the principle of confidentiality and secrecy as set out in Article 37 (3) of the Law on the Prevention of Occupational Risks. The results and reports will be transferred to the company and the State Sectoral Commission, for the purpose of the latter being able to perform the functions attributed to it by this agreement.

The activities or tasks to be carried out shall not interfere with the actions of the own or other prevention services or of the preventive entities providing support to the enterprises.

Article 34. Budget for the activities of the Commission.

The State Health and Safety Sector Commission at Work in the Trade Sector will prepare annually its activity budget, which will comprise all of its actions and the management and operating expenses of the same.

The Commission will be funded from the following sources:

(a) From the grants that you can obtain from the Public Administrations and from the organizations that call for assistance for the development of their programs.

b) From actions that can be approved and funded by third parties.

The expenditure arising from the assistance of each of the members to the meetings of the Commission shall be financed by each of their organisations, without prejudice to the fact that their cooperation in the specific programmes of activity is fund the terms that have been set for each of the programs.

First transient disposition.

Protocol on the action of trade companies in cases of sexual harassment and/or by reason of sex.

In accordance with the rules of application of the contents of this Framework Agreement in relation to the conventions of any type included in its functional scope, with respect to the rules of concurrency and direct application in absence of a pact, the signatory parties shall draw up, in general and direct application, a Protocol of Action under which all procedures shall be governed to resolve any situations of sexual harassment and/or harassment on grounds of sex. which shall be included as part of this Framework Agreement.

Second transient disposition.

Templates for data-taking in the elaboration of Equality Plans diagnostic reports.

Given the diversity of existing business structures in the trade sector, and based on the fact that equality plans can be developed by companies with a legal obligation to do so or voluntarily by small and medium-sized enterprises. In order to facilitate the adequacy of the diagnostic reports to the objectives set out in the Act, the parties to the law will develop model or data-taking models to be used by companies in the sector.

Transient Disposition third.

Development of minimum standards for the prevention of occupational risks in the sector.

Taking into account existing legislation in the field, and prior to the analysis of the agreement to date in the sectoral collective agreements falling within its functional scope in the form set out in this Framework Agreement, Trade, the signatory parties will be able to draft a proposal for minimum standards in the field of occupational risk prevention in the sector for incorporation as a matter reserved in the State-wide area. Article 84 of the Staff Regulations.

The above mentioned proposal will include in any case the specific rules of concurrency and adaptation of the provisions of the current collective agreements in accordance with the rules of application of the contents of this Framework Agreement in relation to conventions of any type included in its functional scope.

First disposition first.

The agreements and joint declarations signed in the framework of the European Social Dialogue Committee in the field of trade, by EUROCOMMERCE and UNI Europe Trade, are frameworks of reference in all that is applicable to the parties to this AMAC.

The signatory parties will determine which agreements are likely to be incorporated as Chapters of this Agreement.

Final disposition second.

Agreements or agreements reached in the trade sector with the same material, territorial and functional scope, prior to this Agreement, are hereby repealed and wholly replaced by the present AMAC, as well as, respecting the rules of competition, agreements will be preferred which in concrete matters will be achieved by incorporating in a future the text of the present Framework Agreement; as titles or chapters, always forming a whole in the terms exposed in the background and in the text of this agreement.