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Resolution Of January 16, 2012, Of The Directorate-General Of Employment, Which Is Recorded And Published The Act For The Iv General Collective Agreement Of The Derivatives Of The Cement Industry.

Original Language Title: Resolución de 16 de enero de 2012, de la Dirección General de Empleo, por la que se registra y publica el acta derivada del IV Convenio colectivo general del sector de derivados del cemento.

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TEXT

Having regard to the text of the Act of 19 October 2011 arising from the Fourth General Collective Convention of the Cement Derivatives Sector (Convention Code number 99010355011996), adopted unanimously by the members of the Commission Negotiator of the said Convention, in which the FEDECE and ANEFHOP Business Associations and the trade union organizations FECOMA-CCOO and MCA-UGT, signatories to the said Convention are integrated in representation, respectively, of the companies and workers of the sector, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Treaty Legislative Decree 1/1995, of 24 March, approving the recast of the Law of the Workers ' Statute and Royal Decree 1040/1981 of 22 May on the registration and deposit of collective labour agreements,

This Employment General Address resolves:

First.

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

Second.

Arrange for publication in the Official State Gazette.

Madrid, 16 January 2012.-The Director General of Employment, P.S. (Royal Decree 777/2011, of 3 June), the Deputy Director General of Programming and Administrative Action, Juan Manuel Gutiérrez Hurtado.

MINUTES OF THE NEGOTIATING COMMISSION OF THE FOURTH GENERAL AGREEMENT OF THE CEMENT DERIVATIVES SECTOR

Wizards:

By FEDECE:

Don Jose Maria Andreu Romasanta.

Dona Susana Bravo Herranz.

Don Jesús González Navarro.

Don Jaime Sastre Hernandez.

Don Manuel Torres Guillumet.

Don Cristobal Ramo Frontinan.

By ANEFHOP:

Don Carlos Maria Parra Garcia.

By FECOMA-CCOO:

Don José Luis López Pérez.

Don Jose Pulido Corpas.

Don Sergio Carrascosa Ortiz.

Don José Manuel Pérez Martínez.

Don Pedro Fernández Cordero.

Don Juan Rodríguez Díaz.

Don Santiago Cubero Lastra.

By MCA-UGT:

Don Juan Carlos Barrero Mancha.

Don Jesus Maria Calvo Romero.

Don José Javier Gallego Cardo.

Don Santiago Fernández Díaz.

Don Fernando Lamata Tarragona.

Don Manuel Mejias Fuentes.

Don Bernardo Fuentes Lozano.

In Madrid, on October 19, 2011, at 11:00 a.m., at the headquarters of ANEFHOP, upon convocation, the above persons are gathered, all of them members of the Negotiating Commission of the Fourth General Convention of Derivatives of the Cement, who arrive at the agreements that will be exposed in relation to the salary revision for the year 2010, although previously, it is interesting to note the following:

First.

At the meeting of the Joint Commission of 4 March 2010, the tables for 2010 of minimum salary remuneration in Annex I to the Fourth General Convention were set, the minutes of which were published in the BOE No. 82, of 5 April 2010.

Second.

In Annex II to that Act the criteria for the application of the provisions of the final provision of the Fourth General Collective Agreement of Cement Derivatives, according to which, on the salary tables, were established In 2009, the lower-level Conventions would increase by 1.4% and the resulting amount would be the provisional salary tables for the year 2010.

Third.

In the same Annex II, the Commission would call on its Territorial Organizations to immediately proceed to increase the salary tables for the year 2010 of the different provincial conventions in the percentage set to the same.

Fourth.

This Negotiating Commission is aware that the call has been followed by a majority, although there are still lower-level Conventions in which this recommendation has not been followed.

Fifth.

In another order of things, the members of this Negotiating Commission are aware of the difficult situation in the sector, as a result of the country's generalized crisis and, in particular, the construction industry, in which This includes the cement derivatives sector, which has led to the loss of business and the closure of a large number of companies, as well as a significant increase in the number of job-regulation files, all of which have resulted in the loss of jobs. Therefore, the agents of this Negotiating Commission, in a show of responsibility, prudence and balance, see it necessary to overcome the provisions of the Final Disposition of the Convention, according to which, during the four years of its validity (with 2010 being the last of them), the minimum remuneration and salary tables of the lower-level agreements would be increased each year in the expected CPI plus the 1.4% (point A) or the actual CPI plus the same increase (point B) and to set an increase more in line with the real situation of the economy in general and the sector in particular . They also want to make it clear that the only purpose which motivates this measure, in the light of what has been agreed in the construction sector, is the attempt to safeguard jobs as far as possible, with a further increase in wages. A light that will ease the social burden on businesses and offer greater job retention opportunities.

For all this, this Negotiating Commission unanimously agrees, the following:

First.

To leave without effect for the year 2010 as provided for in the Final Disposition of the Fourth General Convention of Cement Derivatives.

Second.

Adopt as an increase for the year 2010, the actual CPI of that year, that is, the 3.0% that will be applied on the salary tables of the year 2009.

Third.

The increase of the 1.4% agreed at the meeting of March 4, 2010, which has been mentioned above, will be taken as payment in such a way that the lower-level Collective Agreements that have already been applied increase, they should only be supplemented by the remaining percentage to the agreed 3,0%, i.e. 1,6%.

Fourth.

This commitment will not apply to the lower-level Collective Agreements that have not paid account to the aforementioned 1.4%, so that, in these cases, it will continue in force as established in the Final Disposition of the IV General Convention on Cement Derivatives.

Fifth.

However, a period of grace is established for the adaptation of the lower-level collective agreements that are in the previous situation, that is, they have not paid the aforementioned 1.4%. This grace period will be two months after the publication of these agreements in the BOE, in such a way that the aforementioned Collective Agreements of lower scope will be able to benefit from the agreements First and Second described above if in that (a) the time limit for the adjustment of the situation and the payment of the payment account of the 1.4% agreed on 4 March 2010, in addition to the 1,6% referred to in this Act up to the 3% referred to in those agreements first and second.

Sixth.

The payment of this salary review for the financial year 2010 must be made effective, in any case, before 31 December 2011.

Seventh.

It is agreed to delegate the signature of this act to a representative of each organization.

Eighth.

It is also agreed to forward this record, with its annexes, to the General Labour Directorate of the Ministry of Labour and Social Affairs, for registration and publication order in the Official State Gazette (BOE) and for this purpose. Mr. José Luis López Pérez.

Without more issues to be dealt with, once read and signed by a member of each representation, the session is lifted.

ANNEX I

Revised sectoral minimum economic remuneration table for 2009 and salary table for 2010

By professional groups

Level

XII

Group

2009 salary table

Reviewed

8 (*)

15.602, 37

16.070.44

XI

7

15.836.40

16.311.49

X

6

16.073.95

16.556.17

5

5

Centro_table_body " > 16.315.05

16.804.50

VIII

4

16.559, 78

17.056.57

VII

3

17.089.70

17.602, 39

VI

V

2

18.320.15

18.869.75

IV

II

II

1

18.796.47

19.360.36

(*) Gross remuneration calculation formula for 2010:

Group 8 = Group 8 gross annual remuneration for 2009 + 3.00%.

ANNEX II

Application criteria as provided for in the final provision of the Fourth General Collective Agreement on Cement Derivatives

The final Disposition of the Fourth General Collective Convention of Cement Derivatives is left without effect. Consequently, on the salary tables for the year 2009, the lower-level Conventions will increase by 3.0%, discounting, if necessary, the 1.4% already satisfied and the resulting amount will be the final salary tables of the year 2010.

This negotiating commission recommends to its Territorial Organizations that they increase, immediately, the salary tables for the year 2010 in the different provincial agreements, according to the percentage established in this agreement.

By FEDECE By ANEFHOP By FECOMA-CCOO By MCA-UGT