Having regard to the text of the II Agreement for Employment and Collective Bargaining 2012, 2013 and 2014 (Convention Code No. 99100015092012), which was signed on 25 January 2012, on the one hand, by the Spanish Confederation of Business Organisations (CEOE) and the Spanish Confederation of Small and Medium-sized Enterprises (CESME) and, on the other, by the Confederations Union of Workers 'Commissions (CCOO) and of the General Workers' Union (UGT), and in accordance with the provisions of Article 83.2 in conjunction with Article 90 (2) and (3) of the Law on the Status of Workers, Text Recast adopted by Royal Decree-Law 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May 2010 on the registration and deposit of collective labour agreements and agreements,

This Employment General Address resolves:

First.

Order the registration of the said 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, January 30, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

II AGREEMENT FOR EMPLOYMENT AND COLLECTIVE BARGAINING 2012, 2013 AND 2014

INTRODUCTION

The Spanish economy is at a very delicate moment due to the intense deterioration of its fundamentals, which is reflected in a high unemployment rate. The circumstances that the international economy is going through, with special intensity in the Euro Zone, also do not help to improve the Spanish position in the short term. These exceptional conditions require action to be taken with specific measures to achieve, in the shortest possible time, economic activity to create jobs.

Among the difficulties encountered in increasing economic activity and job creation are:

The indebtedness of companies and families, which requires a significant percentage of their income to be allocated to the payment of financial expenses, with what has an impact on consumption and aggregate investment.

Spain's net foreign (public and private) debt on GDP is one of the highest in the OECD countries. The current situation of the international financial crisis has made it difficult to access financing abroad. Despite the improvement achieved over the last two years, to try to stabilise this ratio and regain credibility in the financial markets, it is necessary to have a more balanced balance of trade balance.

Businesses and families see access to credit restricted as the financial system has limited funding in international markets and financing conditions have become significantly more expensive.

In the complex and difficult current situation, the Spanish economy needs to improve its national and international market share, that is to say, improve exports and reduce imports, in order to achieve more optimum of the installed productive capacity and increase the employment. At the same time, the improvement of the external balance would increase the solvency perception of the Spanish economy, facilitating access to foreign credit.

The further growth of domestic prices and nominal wages in Spain in relation to euro area countries and the rest of the European Union has been a determining factor in the loss of competitiveness of the euro area. Spanish economy. In this sense, a social agreement on the evolution of prices and incomes (wages and benefits distributed) is essential in our country that is more in line with the behavior of the same in the Eurozone.

The Spanish economy needs to achieve, in the short term, prices below the Community average. In the long term, the total productivity of the factors must be increased and quality-based competitiveness must be achieved. In this direction, in order to achieve economic recovery, moderate growth in incomes and prices are key elements in achieving this objective.

Together with the moderation of remuneration, companies must continue and accentuate their efforts in terms of innovation, quality and internationalisation of their products and services. The recovery of economic margins should serve to increase investments in facilities and to improve the training of staff and business management. All these actions will enable the necessary productivity gains to be achieved to increase the growth potential of the Spanish economy.

All this would allow, on the one hand, an improvement in net exports and market share, boosting external demand in the first place and, subsequently, a recovery of domestic demand via consumption and investment. The result would ultimately be an increase in economic activity and employment, which is so necessary at the moment.

In conclusion, all rents must make a joint effort. Both wages and distributed profits must be moderately developed, so that they can lead a larger share of the business surplus to replacement and replacement investments. Both aspects aim to strengthen the competitive capacity of the Spanish productive fabric.

The structure of collective bargaining and internal flexibility must be pointed out as the most novel aspects of the Second Agreement. In this matter, the sectoral agreements at the state level or, failing that, the Autonomous Community must develop the rules of articulation and vertebrate that must govern the structure of collective bargaining by betting on decentralization. This decentralization means that the sectoral agreements should lead to negotiation in the company, at the initiative of the affected parties, of working hours, functions and salaries, as the most appropriate scope for configuring these matters.

In addition, the higher level of negotiation must respect the contractual balance of the parties at the company level until the termination of the validity of this collective agreement. It is also necessary to preserve the provincial area of negotiation and to encourage such agreements to enhance the flexibility that the company needs, taking into account its proximity to it and the wide coverage of these conventions.

With regard to internal flexibility, the undersigned organisations consider that the agreements must incorporate as a minimum content the internal flexibility, particularly the one operating in small temporary spaces to make in the face of the situation, as a powerful tool to facilitate the competitive adaptation of companies, favouring greater stability in employment, avoiding the use of dismissal.

For the signatory parties the collective agreement is the appropriate space to order the flexible use of elements such as working time and functional mobility in a complementary sense to the legal forecasts, so that their Conventional regulation discourages the use of the extinction of the employment relationship as an instrument for the adequacy of the productive capacity to the cycle. This regulation should be considered as minimum content of the convention.

The internal flexibility in the company has three substantial concepts: working time, functions and salary. In working time and functional mobility, it is agreed to distinguish two levels: ordinary flexibility and temporary extraordinary flexibility. In addition, wage flexibility for the signatories means that the wage structure has variable elements, so that a certain percentage of the salary amount is made dependent on the company's situation and results.

As regards the criteria for the periodic updating of variable salaries, the appropriateness of its modification by the negotiators of the agreement will be assessed, without prejudice to the fact that the employer can modify the current in force by the procedure referred to in Article 41 of the ET or, where appropriate, Article 82.3 of the ET.

Finally, the negotiated implementation of certain working conditions agreed in the sectoral collective agreements, in particular time and the distribution of the working day, is envisaged in the company; In turn, a system of remuneration; a system of work and performance; and functions; as well as the causes for such non-application of wage conditions, all through agreement. Guidelines on moderate wage growth for the years 2012, 2013 and 2014 are also set out. A variable component in the application of the salary update is included in this last year.

CHAPTER I

Structure of collective bargaining. Internal flexibility

1. Structure of collective bargaining.

The collective agreements at the state level or, failing that, the Autonomous Community must develop the rules of articulation and vertebrate that must govern the structure of collective bargaining, with a determined commitment to The Commission is also in favour of decentralisation. This must be translated into the following criteria:

Sector agreements should lead to negotiations in the company, at the initiative of the affected parties, of working hours, functions and salaries, as the most appropriate area for setting up these subjects. This is without prejudice to other alternatives to business agreements, such as agreements or agreements of undertakings entered into by individuals entitled under Article 87 (1) of the EC Treaty.

The higher scope of negotiation must respect the contractual balance of the parties at the enterprise level until the end of the validity of this collective agreement.

It is necessary to preserve the provincial scope of negotiation and to encourage such agreements, by their proximity to the company, to enhance the flexibility that the same needs to adapt to a changing and competitive market, besides not to forget that it is the area of negotiation that provides companies and workers with the most coverage.

2. Internal flexibility.

The signatory organizations consider that the agreements should incorporate internal flexibility, particularly the one that operates in small temporary spaces to deal with the situation, as a powerful tool for facilitate the competitive adaptation of enterprises, promoting greater stability in employment, as well as the quality of employment. For these purposes, the sectoral agreements should lead to the negotiation in the company, at the initiative of the parties concerned, of working hours, functions and salaries, as the most appropriate area for configuring these concepts.

Also, for CEOE, CESME, CCOO and UGT, the collective agreement is the appropriate space to order the flexible use in the company of elements such as working time and functional mobility in a complementary sense to the legal forecasts, so that their conventional regulation discourages the use of the extinction of the employment relationship as an instrument for the adequacy of the productive capacity to the cycle. To this end, the collective agreement must, as a minimum, regulate criteria, causes, procedures, time periods and reference periods for functional mobility and the irregular distribution of working time at the enterprise level, as well as agile procedures for adapting and amending the agreement with the participation of trade union representatives or, in their case, the unit of workers, and with the intervention in the event of disagreement by the joint committees. They shall also include forecasts for the agile and effective solution in the blocking assumptions in the consultation and negotiation periods required in the ET precepts affected by internal flexibility.

For signers, internal flexibility in the company has three substantial concepts: working time, functions, and salary. The parties agree to distinguish between two levels of application of flexibility in terms of working time and functional mobility, which follows:

a) Ordinary flexibility.

At work time:

Collective bargaining should promote the flexible management of working time and its concreteness in the enterprise for the best adaptation to the productive and workers ' needs, with the above criteria. indicated.

The minimum content of the convention should set the annual computation of the day and its irregular distribution.

The irregular distribution of the annual working day should be considered as a general principle in order to avoid overtime or temporary hiring as far as possible.

In this sense, collective agreements should make it easier for the employer to distribute irregularly 10% of the ordinary annual working day, which may affect the maximum weekly or monthly working day, although not to the annual maximum. It may also affect daily schedules, without prejudice to the limits laid down in the Staff Regulations. The negotiators will value this percentage reference in more or less depending on the scope of the negotiation.

In the same way, collective agreements should make it possible for the employer to have a five-day (or 40-hour) bag per year which he/she may alter in the distribution provided for in the annual calendar. This reference may be amended by the negotiators in more or less in terms of the scope of the negotiation.

In addition, sectoral and especially provincial agreements, due to their proximity to the company, should set the general rules for the flexibility of working time.

The sectoral agreements will promote a negotiated adaptation in the field of the company of the agreement in the field, with participation of the RLT or, in its defect, negotiated with the trade union organizations signatories of the convention sectoral, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the ET.

Conventions, especially those of a company, should promote the rationalization of working hours with the aim of improving productivity and promoting the reconciliation of work and personal life.

The flexibility of working time should be accompanied by guarantees and security for people, enabling them to reconcile working time and reconciliation.

In functional mobility:

Collective agreements should promote professional classification systems by means of professional groups and functional divisions, with the implementation of adaptation procedures in the case of still being governed by professional categories.

Functional mobility should be enhanced as a mechanism for internal flexibility and adaptation by companies, with flexible functional mobility formulas.

Functional mobility within the company should not have other limitations than those required by membership of the professional group or, where appropriate, by the qualifications required to perform the work. Therefore, the professional category for functional mobility shall not be considered.

Collective agreements and company agreements should analyse functional polyvalence, and its effects on remuneration.

b) Temporary Extraordinary Flexibility:

At work time:

The signatories consider that collective bargaining should provide criteria so that the employer who has temporary work-time flexibility needs can alter the regulations that affect essentially to the same, with due cause and proportionality and judicial checks.

In this sense, collective agreements should provide for more flexible measures when the employer needs to distribute the annual working day beyond the percentage set out in subparagraph A (a) or to amend the annual work schedule applicable to the hours referred to in paragraph 1 above. For the application of measures of greater flexibility, there must be economic, technical, organisational or production reasons which justify it, as defined in the last paragraph of Article 41.1 of the LET, without being able to to increase the annual working day. The employer's decision must be communicated to the employees ' representatives at the maximum notice and speed, except that the employer demonstrates that the performance itself prevents him from taking due account of the expected needs. If there is disagreement, the Joint Committee and, where appropriate, the mediation and arbitration services shall intervene.

When the employer needs to alter the working time during the remainder of the agreement, he/she must go to the procedure for the substantial modifications provided for in Article 41 of the LET.

In functional mobility:

Criteria are provided for collective agreements to consider a higher level of flexibility than in response to temporary business needs for functional mobility that are greater than those outlined above. For such purposes, collective agreements shall provide that temporary functional mobility for the performance of functions other than those belonging to the professional group may be ordered if there are economic, technical, organisational or production to justify them, as defined in the last paragraph of Article 41.1 of the LET, and for the time necessary for their attention, without being able to exceed six months in one year or eight months in two years. It will also be established that in this case the employer will report this situation as quickly as possible to the workers ' representation. It must be borne in mind that, in the event of disagreement, the Joint Committee and, where appropriate, the mediation and arbitration services are involved. This mobility shall respect the rights of the new functions unless they are lower, in which case the remuneration of origin shall be maintained. It will also not be possible to invoke causes of target dismissal for ineptitude over-coming or lack of adaptation in these assumptions. They shall also operate the promotion and remuneration clauses, if they proceed, in the terms laid down in the LET.

It should be considered that if the functional mobility is higher than the indicated period, it will be governed by the agreement between the parties or, failing that, by the rules of Article 41 of the LET.

In all cases of functional mobility, information, suitability and training on new roles and respect for personal dignity and professional development should be ensured.

Pay flexibility:

The signatories consider it appropriate for wage structures to have variable supplements, so that a certain percentage of the salary amount is made dependent on the company's situation and results.

For the purpose of this implementation, it has to be taken into account that through agreement between the company and the legal representation of the workers, the structure and salary amounts in force could be modified through the Article 41 of the ET, if applicable, of Article 82.3 of the ET, to the effect of which the establishment of transitional periods of application is recommended.

Collective agreements should promote the rationalization of wage structures, to replace obsolete and unproductive retributive concepts by others linked to productivity and remuneration in the enterprise.

In this sense, collective bargaining is an appropriate instrument for establishing the definition and criteria of a wage structure (fixed and variable concepts, minimum wages, supplements or other) appropriate to the sectoral and business reality, taking into account their direct relationship with the new systems of organisation of work and incentives to production, quality or results, among others.

To this end, in the definition of variable concepts, criteria of objectivity and clarity should be taken into account in their implementation; the delimitation of percentages of variable pay on total remuneration; rights of information and participation in the company of workers ' representatives and the consideration of specific realities in each sector or company.

As regards the criteria for the periodic updating of variable wages, preferably linked to the evolution of productivity and results of the company, the appropriateness of its modification will be assessed by the If appropriate, the negotiators of the Convention shall, without prejudice to the fact that the employer may amend those currently in force by means of the procedure referred to in Article 41 of the ET or, where appropriate, Article 82.3 of the ET.

The sectoral agreements should take into account the role that agreements, agreements and agreements of companies may develop in order to regulate or adapt what is fixed in those to affect the maximum adequacy to the Company-specific circumstances.

CHAPTER II

Employment. Training. Flexibility and security. Information and consultation rights

The difficult situation of productive activity is being reflected in the labour market with a strong adjustment in the volume of employment, which, while initially affecting temporary employment, soon began have an impact on indefinite employment.

In the face of this situation, the maintenance and recovery of employment must be the priority objective of collective bargaining during the term of this agreement, affecting its stability.

On the other hand, despite the adjustment made above, with the consequent negative impact on young people's recruitment, there is still a high use of temporary contracts, which must be corrected to prevent the the recovery of employment is produced, it is channelled through temporality, without prejudice to the maintenance of a temporary hiring framework that will allow to respond to the economic needs of production of goods and services.

In this context, instruments should be articulated to allow for an appropriate balance between flexibility for enterprises and security for workers, taking into account that internal adaptation mechanisms are preferable to the external and the job adjustments.

In order to contribute to the best treatment of all these aspects, we consider that collective agreements must have as fundamental objectives:

• Maintenance and recovery of employment.

• The promotion of job stability and the reduction of temporality, eliminating unjustified, as a guarantee of competition for businesses and safety for workers.

• The establishment of frameworks that allow companies to maintain and improve their market position and productivity, and adapt internally to changing circumstances, maintaining the right balance between companies and workers.

• Compliance with the principle of equal treatment and non-discrimination in employment and working conditions, as well as the promotion of equal opportunities for women and men.

• The development of tools for information and analysis to promote the appropriate adaptation to productive changes, as well as for the follow-up of the agreement in collective bargaining.

• The permanent development of skills and professional qualifications.

• The incidence of information and communication technologies in general productive development and in industrial relations.

1. Employment and recruitment.

Collective agreements must, in order to achieve the above objectives:

(a) Promote indefinite recruitment in access to the labour market, the transformation of temporary contracts into fixed contracts, the maintenance of employment and equal opportunities.

(b) Encourage the appropriate use of contractual arrangements in such a way that the firm's permanent needs are met with indefinite contracts and short-term needs, where they exist, can be met with temporary causal contracts, either directly or through ETT, without the collective bargaining being required to introduce redactions or covenants that distort the causes foreseen in the ET.

(c) To analyse in the area of the convention, and in function of its characteristics, the possibility and appropriateness, or not, of determining the overall volume of temporary contracts, incorporating in its case precise definitions of the references, margins or material and time limits on which the application of the measure will be measured, which would lead to greater internal flexibility in the case of compliance.

(d) encouraging the recruitment of young people, encouraging training contracts, as a means of their job integration and qualification, by encouraging the possible permanent incorporation into the company of these workers, after completion the training contract.

Likewise, collective bargaining should in this regard:

-Establish specific devices for the monitoring of effective compliance with the training objectives as an appropriate instrument for their incorporation into the labour market.

-Provide incentive measures for recruitment of young people.

-Report the use of non-working practices in companies.

e) In discontinuous or seasonal activities, promote discontinuous fixed contracts.

Similarly, the mode of the indefinite part-time contract may be an alternative to temporary hiring or overtime in certain cases. In order to achieve this objective, collective bargaining should play an important role in improving the quality of these procurement procedures.

(f) Partial retirement and the replacement contract should remain an appropriate instrument for the maintenance of employment and the rejuvenation of templates. In addition, the undersigned organisations consider appropriate instruments for the achievement of those purposes, early retirement and pre-retirement measures linked to the economic circumstances of the enterprises included in the Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security System.

Likewise, it should be further developed, through collective bargaining, to enable the establishment of clauses that make it possible to terminate the contract of employment when the worker meets the ordinary age of retirement, provided that the legally established assumptions and requirements are met.

g) Establish mechanisms for monitoring and monitoring of employment trends, and for recruitment in sectors when employment measures are adopted, in order to share the outcome of the implemented measures to promote employment. same.

2. Conditions for subcontracting and outsourcing of production and subrogation of activities, employment and working conditions.

The importance and extension of new forms of productive and societary organization, in a context of increasing outsourcing of activities by companies, has led to legal regulations that establish rights of information for the representation of workers, and collective bargaining is necessary:

• Facilitate the information by the main company and contractor to its employees and the legal representation thereof on the subcontracting processes, as provided for in Article 42 of the Staff Regulations Workers, which will contribute to the security of employment and to the fulfillment of legally and conventionally established working conditions.

• Information from the user company to the employees ' representatives on the contracts for making available to ETTs, giving them a basic copy of the contract of employment or of the order of service.

• Report to workers on the means of coordination set up to protect and prevent occupational risks in the workplace, as provided for in Article 24 of the Law on the Prevention of Occupational Risks, developed by Royal Decree 171/2004.

Such regulations in the field of subcontracting activities have also been the subject of treatment in the Agreement for the Improvement of Growth and Jobs (AMCE). Law 43/2006 of 29 December 2006 for the improvement of growth and employment incorporates some new measures in the field of information and coordination in the main enterprises and contractors when they share the same job centre. Thus, it is necessary to consider:

• When companies, principal, contractor and subcontractor, continuously share a single work centre, the first one must have a record book in which the information referred to in the report is reflected. Article 42.4 of the Staff Regulations in respect of all the undertakings concerned. This book will be available to the legal representatives of the workers.

• Workers of contractors and subcontractors when they do not have legal representation will have the right to formulate to the representatives of the workers of the main company questions concerning the conditions of the execution of the work activity, while sharing the work centre and lack of representation.

The provisions of the preceding paragraph shall not apply to the worker's claims in respect of the undertaking which is dependent.

• The legal representatives of the workers of the main company and of the contractors and subcontractors, when they share on a continuous basis, will be able to meet for the purposes of coordination between them and in relation to the conditions for the performance of the labour force in the terms laid down in Article 81 of the Staff Regulations.

The capacity for representation and scope of action of workers ' representatives, as well as their credit schedule, will be determined by the legislation in force and, where appropriate, by the collective agreements of application.

The business and trade union organizations share that the new forms of productive and societary organization, which at times are of considerable complexity, should not imply the inapplication of the regulation. (a) a corresponding standard, or illegal assignment of workers.

3. Vocational training and qualification.

Trade unions and employers ' organisations, from an exercise of responsibility, have deemed it necessary to renew their commitment to Vocational Training for Employment, and have agreed to maintain the current extension of the the validity of the Fourth National Training Agreement signed on 27 December 2010 for a further 12 months, in order not to paralyse the training of workers and enterprises, and to formalise the fifth agreement within a maximum of six months, having moved the government to that agreement on 10 January 2012.

The analysis of the factors that have caused the current economic crisis and its special impact on our country, has placed professional training in the core of the discourses that reiterate its value, not only for the insertion of the in employment, but also as a factor for economic transformation and dynamisation.

The training and development of professional skills is a shared goal for workers and companies to respond jointly to the needs of improving adaptability and employability, and it is a strategic objective for the signatories to this Agreement.

Collective bargaining, at the appropriate level, has to contribute to the achievement of training objectives by defining criteria and priorities on issues such as:

• Initiatives to develop, in the light of training needs, and the priority groups, in particular the lowest level of qualifications, to improve their employability.

• The momentum of sectoral and cross-sectoral bipartite instruments, at the appropriate level.

• The development of theoretical training in the contract for training and learning.

• Rights and obligations in relation to training.

• Facilitate the application of corporate bonuses and the Individual Training Permissions provided for in the Training Agreement.

• Assistance to training, its use and when it is performed.

• The assessment and, where appropriate, the accreditation of professional competence.

• Measurement of the impact of training on people, businesses and employment produces the training provided.

• Guidance for employed and unemployed workers and the development of training pathways consistent with the needs of companies and employees, in the light of which they can lead to accreditations within the framework of the National Qualifications System or other areas of certification.

• The formative references in relation to the classification, mobility, promotion and planning of careers.

• Improving the quality of training actions, and the efficiency of funds for training.

4. Teleworking. Restructuring. Observatories.

Telework:

One of the innovative forms of organization and execution of the labor supply derived from the advancement of new technologies is teleworking, which allows the realization of the work activity outside the facilities of the company.

in view of the fact that the social partners have recognised the need to improve the organisation of work, we consider it appropriate to establish certain criteria which can be used by businesses and by workers and their representatives:

• The voluntary and reversible nature of teleworking, both for the worker and for the company.

• Equal rights, legal and conventional, for teleworkers with respect to comparable workers who work in the company's facilities.

• The convenience of regulating aspects such as privacy, confidentiality, risk prevention, facilities, training, etc.

Restructuring processes:

Difficulty situations should be addressed taking into account, where possible, the anticipation and assessment of the social consequences.

In this sense, the causes that motivate it should be addressed, through transparent processes with the legal representation of workers, with the primacy of internal flexibility on other types of measures affecting employment.

The restructuring processes should take into account:

• The management of restructuring, in accordance with the social consequences relating to the conditions of business, the tax system, national legislation, collective agreements and the needs and choice of workers, and addressing possible alternatives, such as internal or external reclassification, training, retraining, support for the creation of enterprises, pensions, personal plans for workers or agreements for diversifying the forms of employment and a personalised accompaniment of employees.

• The explanation and justification of the changes. Adequate information on time, explaining and justifying changes to workers and their representatives favors a climate of confidence for the process of discussion afterwards.

• The development of employability should be taken into account to anticipate changes and possible restructurings.

• The territorial dimension, given the repercussions that economic and social changes have on the whole of a region or territory.

• The specific situation of small and medium-sized enterprises, taking into account their particular situation in areas or sectors undergoing restructuring.

Collective Bargaining, before irreversibly affecting employment contracts, should enhance the use of the legal measures foreseen for the suspension and temporary reduction of the working day, in order to address the situation of the situation and the maintenance of employment.

Observatories:

An analysis of the competitiveness and employment of the Spanish economy in general, and in particular of the specific sectors, must make it possible to identify the strengths, weaknesses, and framework conditions that need to be improvement.

Sectoral observatories are instruments in which this work can be developed and can help to define measures to anticipate structural changes.

In addition to the current tripartite state sectoral observatories linked to the General Budget of the State, CCOO, UGT, CEOE and CESME, we consider it necessary to continue to maintain a determined commitment to the development of bilateral sectoral observatories, especially in the sector of the State sector, allowing for the joint analysis of future perspectives in matters such as the position of companies in the market, competitiveness In particular, international cooperation in the field of technological development, environmental, development of productivity, maintenance and job creation, training needs, equal opportunities, etc., with particular attention to small and medium-sized enterprises.

Through collective bargaining it is appropriate to introduce measures to prevent, avoid or reduce the potential negative effects that environmental challenges may have on competitiveness and employment.

The technological improvement of companies is a position in a more favourable position of competitiveness and overcoming the impacts that could be derived from environmental legislation. Information to workers ' representatives on environmental actions that have a direct impact on employment will cooperate with the achievement of this objective.

5. Rights of information, consultation and participation: collective bargaining and union dialogue.

In general, the current legal regulation, and its concreteness and development through collective bargaining, establish a set of subjects that should be the object of information and, where appropriate, of consultation with the representatives of the workers. Such matters are those relating to the economic situation of the sector or the business sector concerned; the forecasts for the volume and type of employment, as well as developments in the immediate future; the arrangements for recruitment, the (a) the making available and the assumptions of subcontracting; the processes of reconversion and restructuring of employment; the objective redundancies and, where appropriate, the alternative measures to them.

In this sense, the sectoral social dialogue must be strengthened.

The incidence of information and communication technologies (ICT) in industrial relations should also be addressed in collective agreements to ensure the individual and collective rights of the workers.

It will also be necessary to take into account the changes that have been made to the Workers ' Statute, in terms of information and consultation of workers.

On a specific basis, in the case of European Company or European Cooperatives, the mechanisms for information, consultation and participation, as provided for in Law 31/2006 of 18 October, which regulates the involvement of their employees and the promotion of the European Works Councils.

CHAPTER III

Criteria in salary matters.

The Spanish economy is at a very delicate moment due to the intense deterioration of its fundamentals, which is reflected in a high unemployment rate. The circumstances of the international economy, especially in the Euro Zone, do not help to improve the Spanish position in the short term, to the extent that the sum of both creates exceptional conditions, which must be met with specific measures, in order to achieve in the shortest possible time a growth of national economic activity that would create employment.

One of the main objectives to promote reactivation is to improve the internal and external market share of Spanish goods and services. To this end, it is essential to achieve a containment of Spanish prices in such a way as to observe an annual rate of growth below the European Union average, where the two-thirds of commercial transactions are addressed.

To achieve this, all rents must make a joint effort. Both wages and distributed profits must be moderately developed, so that they can lead a larger share of the business surplus to replacement and replacement investments. Both aspects aim to strengthen the ability to compete in the Spanish productive fabric. In the same way, the remuneration of senior managers and business executives needs to be adjusted. In the same way, special monitoring and monitoring of the evolution of the prices of goods and services with special impact on the lowest income is proposed. In the case of prices that fall within the competence of public administrations, they should make the maximum possible effort to contain, and in turn improve the management and reduction of costs.

In this context, the salaries negotiated over the next three years (2012, 2013 and 2014) should behave according to the following guidelines:

1. In the year 2012, the increase in agreed wages should not exceed 0.5%, with an update clause applicable at the end of the financial year, in excess of the annual variation rate of the Spanish general CPI for December on the European Central Bank inflation target (2%). If the annual percentage change rate of the Spanish general CPI in December is higher than the annual rate of variation of the harmonised CPI of the Euro Zone in the same month, then the latter will be taken to calculate the excess. If this is done, the resulting amount would be applied in one time. If the international average price of Brent oil in the month of December is 10% higher than the average price of the previous December, the above mentioned inflation indicators will be taken as a reference for the calculation of the excess. excluding both fuels and fuels.

Respecting the autonomy of the parties, for those collective agreements that have negotiated salary update clauses that affect the wage growth of the next three years, the signatories of the present agreement, they propose to the negotiators to take into account the impact of these clauses on total wage growth in a way that is in line with the objective of wage moderation of the present agreement.

2. In 2013, the increase in agreed wages should not exceed 0.6%, with an update clause on the same terms as for 2012.

3. In 2014, the increase in agreed wages should be adjusted to the pace of activity of the Spanish economy, according to the following criteria:

If the increase in GDP at constant prices in 2013 is less than 1%, the wage increase will not exceed 0.6%.

If the increase in GDP at constant prices in 2013 is greater than 1% and below 2%, the wage increase will not exceed 1%.

If the increase in GDP at constant prices in 2013 reaches or exceeds 2%, the wage increase will not exceed 1.5%.

On the other hand, collective agreements should include additional components for updating wages based on the evolution of economic indicators (variable pay) associated with the company's progress (benefits, sales, productivity, etc.). Preferably, the increases resulting from these additional upgrade components will be integrated into the variable part of the salary, which must be in line with the sectoral and business reality.

The parties to this Agreement undertake to ensure the exchange of information necessary to enable them to comply with these clauses.

All agreed wage increases for 2014 will be increased by 50% of the result of applying the agreed update clause for 2012 and 2013. If no additional component of variable pay has been agreed, the clause will apply in 100% of its result.

CHAPTER IV

Negotiated application in the company of certain working conditions agreed to in the collective collective agreements

The current economic situation and the high level of unemployment, as well as the prospects for its more immediate evolution, make it necessary to adopt measures of an exceptional nature and with a temporary projection limited to the current situation. (a) the situation in which the company has no negative developments affecting the maintenance of employment.

In this context, with the aim of ensuring the maintenance of employment and as an instrument of internal flexibility to avoid temporary and non-temporary employment regulation files, without prejudice to the provisions of the Article 41.6 and 82.3 of the ET, subject to the consideration of the legitimated to subscribe to sectoral collective agreements, the desirability of including clauses of temporary non-application negotiated of certain working conditions-not the wage regime is included as the dismemberment of it is regulated in article 82.3 of the ET cited above-agreed upon, with the following content and procedure:

Working conditions of possible temporary inapplication due to its greater involvement in internal flexibility:

a) Schedule and distribution of the workday.

b) Shift work regime.

c) Remuneration system.

d) The work and performance system.

e) Functions, when they exceed the limits for functional mobility provided for in Article 39 of this Law.

Causes for Inapplication:

The causes that justify the temporary inapplication in the company of any of the working conditions agreed in the sectoral agreement-including wage regime or any of the working conditions listed in the paragraph (a) it must be determined by itself, which may include, inter alia, a persistent decline in the level of income; or where the economic situation and prospects of the undertaking may be adversely affected by the application of the (a) conditions, provided that the application is justified by its affectation to the maintenance of employment. In order to achieve these causes, the negotiators will be able to take as a reference parameters which will allow the justification to be objectified, such as, among others, the reduction of results, sales or productivity in the last financial year or in the twelve last months. It is recommended that the parties not only define the concept but also the quantitative reference-percentage or the appropriate one-which determines that the application is activated.

Workers ' legal representation agreement:

The application can only be made by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement. In the absence of the legal representation of workers in the undertaking, the most representative trade unions and the representatives in the sector who are entitled to form part of the Negotiating Committee of the Convention shall be deemed to be Collective of application to the same, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the ET.

When the consultation period ends with agreement, the same should be notified to the Joint Commission of the collective agreement.

In the event of disagreement during the consultation period, the period of which will be fixed in the sectoral agreement, either party may submit the discrepancy to the Joint Committee of the Convention, which shall have a maximum period of seven days to decide, to count since the discrepancy was raised. Where that agreement does not reach an agreement, the parties may use the Conflict Solution Solution Systems that are applicable in that area.

Documentation:

The documentation to be delivered by the company will be the necessary one so that the representation of the workers can have a reliable knowledge of the alleged causes for the inapplication.

Temporary duration of the inapplication:

Given the exceptional nature of this measure, the duration should not exceed the period of validity of the inapplied convention or three years.

Inapplication agreement content:

The implementation of the collective agreement in no way must produce a regulatory vacuum with regard to working conditions which are not agreed upon, and the implementation of the implementation agreement will have to determine exactly what is needed. replacement regulation of the one contained in the inapplied collective agreement.

The implementation agreement and the scheduling of the recovery of the unapplied conditions may not result in the failure to comply with the obligations laid down in the Convention on the elimination of discrimination. remuneration for gender reasons.

CHAPTER V

Legal nature and areas of the Interconfederal Agreement

1. Legal nature and functional scope.

Signatory organizations, which have the status of more representative at the state level, directly assume the commitments of this Agreement and are therefore obliged to adjust their behavior and actions to the agreed upon, each one of them can claim from the other the fulfillment of the agreed tasks or tasks.

They also consider that the matters of the Agreement are interrelated elements and that the treatment of the different subjects in the collective agreements can favor the business activity and the employment.

The signatory confederations must intensify efforts to establish with their respective organizations in the sectors or branches of activity, without undermining the collective autonomy of the parties, the mechanisms and channels more appropriate to enable them to assume and adjust their behaviors for the application of the criteria, guidelines and recommendations contained in this Agreement, the nature of which is mandatory.

2. Temporary scope.

This Agreement is valid for a period of three years, starting on January 1, 2012 and ending on December 31, 2014. Consequently, the I Agreement on Employment and Collective Bargaining (AENC) in 2012 is repealed and replaced by the contents of the II AENC 2012-2014.

The signatory organizations will meet three months before the end of 2014, in order to begin negotiations for a new Interconfederal Agreement for collective bargaining with the validity to be determined.

3. Follow-up Committee.

A Follow-up Commission is constituted by three representatives of each of the signatory organizations of this Agreement.

The Commission shall be entrusted with the task of agreeing criteria and guidelines for collective bargaining during the duration of this Agreement in matters, inter alia: Equal treatment and opportunities; health at work; Corporate social responsibility; Supplementary Social Welfare; Vocational Training and Qualification.

It shall also be entrusted with the interpretation, application and monitoring of the agreement and the agreement of the Commission itself, in accordance with the provisions of the preceding paragraph and of the tasks of common agreement estimate the parties.

The Monitoring Commission will approve its operating rules at the first meeting it holds.

The parties consider it appropriate to carry out, in the last quarter of each of the years of validity of this Agreement, and within the Monitoring Committee, an evaluation and monitoring of the evolution of the indicators. economic and in particular employment.

Madrid, 25 January 2012.