Seen the text of the Convention collective for them companies of trade to the by greater e importers of of products chemical industrial, drugstore, perfumery and related, code of Convention number 99001095011981, that was subscribed with date 27 of July of 2011, of a part, by the Federation Spanish of wholesale of perfumery, drugstore and annexes and FEDEQUIM, in representation of the companies of the sector , and on the other, by the Federation of industries Textil-Piel, chemical and Allied of CC. OO. (FITEQA-CC. OO.) and the State Federation of workers of the trade, catering, tourism and game of UGT (FETCHTJ-UGT), on behalf of the workers, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995 of 24 March, and in the Royal Decree 713/2010 May 28, on registration and deposit agreements and collective work agreements, this General Directorate of labour resolved: first. Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Second. Have its publication in the official bulletin of the State.
Madrid, 23 of November of 2011.-the Director General's work, Raul Riesco Roche.
CONVENTION COLLECTIVE OF WHOLESALERS and IMPORTERS OF PRODUCTS CHEMICAL INDUSTRIAL and OF DRUGSTORE, PERFUME and ANNEX CHAPTER I scope of application 1. Territorial scope.
The rules of this Convention shall apply throughout the territory of the Spanish State, subject to the concurrence of conventions article.
2. scope functional.
All those companies that have any of the following as main activity are subject to the provisions of the Convention: import, export and trade to the wholesale of industrial chemicals.
Import, export and trade to the wholesale of perfumery and drugstore.
Import, export and trade to the wholesale of plastic products.
Import, export and trade to the wholesale painting products.
Import, export and trade to the wholesale products.
Import, export and trade to the wholesale health scientific material.
Import, export and trade to the wholesale of pharmaceutical raw materials.
Import, export and trade to the bulk material laboratory and orthopedic.
Import, export and trade to the wholesale of orthopaedic products.
The reference which is made in this article under the name «Trade», is merely to title without limitation and to distinguish this activity of the attention to the public in retail operations.
3. field staff.
The present Convention will affect to all the personal employee in them centers of work of them companies included in the scope territorial and functional described previously except the understood in them articles 1 paragraphs 3 and 2 of the Statute of them workers.
4. field temporary.
The present Convention shall enter in force starting from its publication in the Bulletin official of the State. Its duration will be until the 31 of December of 2012.
The effects economic is retrotraerán to the 1 of January of 2011 for the first year of its force and to the 1 of January of 2012 in the second year of validity.
He payment of them possible arrears wage accrued with occasion of the retroactivity economic, is credited in the term of a month to count from the day of its publication in the Bulletin official of the State, or with prior through agreement with them representatives of them workers.
However, the organizations signatory, recommended to their associated it application immediate of the effects economic of the present Convention.
This Convention is means denounced without need of that mediate communication, committing are both parties to start the negotiation of a new Convention in the month of November of the year 2012. In this first meeting after constitute the table negotiating is be formulated by them parts their proposals of negotiation and is set the calendar of meetings.
If the negotiation between them parts exceeds the term maximum established legally, the parts is subject to them procedures established in them agreements confederations of solution Extrajudicial of conflicts labor in it form that legally is determined.
5. indivisibility of the Convention.
Them conditions agreed in the present Convention form an all organic e indivisible and for the purposes of its application practice will be considered global and jointly by what in the so-called of that the authority labor in the exercise of their powers where any of their clauses, would be without efficiency practice in its whole, must reconsider all its content.
In such case, the Commission mixed joint will come obliged to start them new deliberations in the term maximum of three days, counted starting from the notification of the resolution administrative.
6. structure of the negotiation group in the Sector.
(He present Convention collective has been negotiated to the amparo of the article 83.2 of the Statute of them workers and articulates the negotiation collective in the sector of wholesale e importers of of products chemical industrial and of drugstore, perfumery and annexes through the structure negotiating following: to) Convention collective national: he current Convention wholesale e importers of products chemical industrial and of drugstore perfumery and annexes in its current issue that is of direct application to companies that are within its functional area, with the exception of which are currently affected by their own agreement of company or other sectoral agreement.
(b) collective agreements of company or workplace. The signatory parties of the agreement expressed that the national collective agreement is exclusive and effective reference to regulate everything that was not expressly provided in the conventions of company.
7. personal guaranties.
Will be respected to title individual working conditions than those laid down in this Convention, considered as a whole and on an annual basis. Such warranty will be of character exclusively personal, without can understand is linked to since of work, categories professional and/or groups professional and other circumstances, by what the personal again income not may claim to his please them conditions more beneficial of that have enjoyed them workers that previously address them positions of work to is intended or promoted.
8. conditions after the entry into force of the Convention.
The future legal provisions that lead to a variation in whole or in any of the retributive concepts existing on the date of enactment of the new provisions or creation of new ones, that are exclusively will have practical efficiency as that considered in its entirety and on an annual basis exceed the total level of this Convention. Otherwise shall be considered absorbed by the terms of this Convention.
9. supplementary law.
Will be of application extra to the present Convention the status of the workers in what not is opposed to the content of this Convention collective and standards concordant.
CHAPTER II classification professional 10. Classification functional.
The workers / as affected / as by the present Convention collective, in attention to them functions that develop and in accordance with the definitions that is specified in the article following, will be classified in groups professional.
This structure professional aims to obtain a more reasonable structure productive, all this without diminishes of the dignity, opportunity of promotion and fair remuneration that corresponds to each worker. The current posts of work and tasks is adjusted to them groups established in the present agreement.
11. definition of those groups professional.
In this article is defined them groups professional that grouped them various tasks and functions that is performed in the companies of trade to the by greater e importers of of products chemical industrial and of drugstore, perfumery and annexes, within them divisions organic functional in which is can divide it same.
Such functional organic divisions can be: to) warehouse work, services and auxiliary activities.
(c) Administration and information technology.
(d) business and sales.
Definition of the factors influencing the determination of membership of a certain professional group: autonomy: Factor for whose valuation shall take into account the higher or lower hierarchical dependency on the performance of the function that develops.
Control: Whose valuation Factor should be taken into account: A) capacity management tasks.
(B) capacity of inter-relationship.
(C) nature of the collective.
(D) number of persons over which it has control.
Responsibility: Whose valuation Factor taken into account both the degree of autonomy of action of the role holder, as the degree of influence on the results and the consequences of management importance.
Knowledge: For whose valuation Factor should be taken into account, in addition to the basic training required to meet successfully the task, the degree of knowledge and experience acquired as well as the difficulty in acquiring such knowledge and experiences.
Initiative: Factor for whose valuation shall take into account the greater or lesser submission guidelines or standards for the execution of the function.
Complexity: Factor whose valuation is based more or less number, as well as greater or lesser degree of integration of the previously listed factors, in the task or entrusted post.
It should also be present to qualify the jobs, the size of the company of the production unit in which the function is developed.
12 group professional number 1.
General criteria: functions that are executed according to instructions specific clearly defined, with a high degree of responsible for more direct or hierarchical dependence, emanating in one or several times on the same day or different days, preferably requiring physical effort or attention, and who do not need specific training.
Training: knowledge at the level of training elementary.
Examples: This professional group includes all those activities which, by analogy, are comparable to the following: elementary operations of simple machine, attending by such those that do not require training and specific knowledge.
Operations manual loading and unloading or with help of simple mechanical elements.
Tasks that consist in performing errands, commissions, transport manual, carry or take correspondence, Assistant of driver, etc.
Basic recovery tasks.
Tasks of cleaning in general, including machinery and others enseres.
Packaging operations and packed.
Surveillance of buildings and local without requirements special.
Any other similar function that meets the general criteria and training attributed to this professional group.
13 group professional number 2.
Criteria General: functions that consist in operations carried out following a method of work precise and concrete, being supervised by their responsible hierarchical, requiring for its realization knowledge professional prior of character general and experience practice.
Training: Basic training required is equivalent to graduate school.
Examples: This professional group includes all those activities that by analogy, are similar to the following: preparation of orders, meaning the function of removing the products from the shelves, packing them and tagging them for subsequent delivery.
Tasks of transport and palletizing, conducted with elements mechanical and of traction to motor.
Tasks auxiliary of verification and control of quality.
Operative activities in conditioning with regulation, tuning, and cleaning of machines such as: wrapping machines, packaging machines, packaging and other auxiliary machines in the industry.
Typing tasks, file, registration, calculation, billing or similar administration.
Management of collections (antique collector).
Functions related to receiving and making phone calls and/or visits attention.
Functions relating to operations of telex or fax.
Tasks of masonry, electricity, carpentry, painting and mechanical, made by operators that is initiated in the practice of the same.
Any other similar function that meets the general criteria and training attributed to this professional group.
14 group professional number 3.
General criteria: functions that are executed according to instructions of the person in charge hierarchically, with a certain degree of autonomy and responsible for its work to itself, requiring to run adequate professional knowledge and practical skills.
Training: the training basic enforceable is the equivalent to the graduate school, completed professionally by a training specific of this character or by the experience professional.
Examples: This professional group includes all those activities which, by analogy, are similar to the following: tasks of masonry, electricity, carpentry, mechanical paint, etc., with sufficient capacity to perform the normal tasks of the trade.
Secretariat/o, able to directly write mail processing according to verbal directions.
Drafting of commercial correspondence, price calculation in the light of offers received, receipt and processing of orders and make proposals for reply.
Tasks which consist in establishing, on the basis of accounting documents, a part of the accounting.
Calculation of salaries and assessment of personnel costs.
Tasks of clearance orders, review of goods and distribution with registration in the books or the effect of the daily movement machines.
Delineation and drawing tasks.
Functions of driving with cast, with class C license, D or E, meaning that you can combine the activity of driving with the distribution of goods.
Commercial tasks (sales agents or similar).
Functions referred to the reception and realization of calls telephone and/or attention of visits with requirement of language / s alien / s.
Any other function analog that respond to those criteria General and of training attributed to this group professional.
15. Group professional number 4.
Criteria General: functions that is running with a high grade of responsibility and autonomy and giving has of it acted to his immediate superior, coordinating and managing to your group.
Training: the level training required is the equivalent to the BUP or FP grade average, and may be completed or replaced by an experience professional practice and specific.
Examples: in this group Professional is include all those activities that by analogy, are equivalent to the following: tasks of translation, correspondent, typewriting and phone with domain of the language overseas.
Functions of programming of computer.
Tasks of accounting, consistent in meet them elements supplied by the assistants and make States, balances, costs, forecasts of treasuries and others works analogues, and based on the plan accounting of the company.
Tasks of remote control direct on a group of operators, with supervision of the activity of the group, following orders of their immediate superior. And may, also, be responsible of a unit of production, services, or of process administrative, that by the dimensions reduced of the company not require subdivisions organic.
Realization of functions technical, that require level academic average, that can consist in collaborate in work of research, control of quality, studies, control of processes industrial or in services professional or scientific's advice. Can simultaneously make and develop projects, for whose execution will have received instructions specific.
Any other function analog that respond to those criteria General and of training attributed to this group professional.
16. Group professional number 5.
Criteria General: functions that is running coordinating e integrating low his command to a number of people, both of a section or several, composing an organization chart of production and management, with a high grade of responsibility and autonomy with regard to the address of the work, must have to the same time experience professional in it own company or in others knowledge specific of the work to develop and training academic required for the performance of the same.
Training: Knowledge equivalent to academic intermediate training, completed with a period of practice or experience gained in similar work, or by specific studies required for the development of its function.
Examples: in this group Professional is include all those activities, that by analogy, are assimilated to the following: activities that involve the responsibility of a shift, that can be endorsed by one or several workers of group professional lower.
Functions of analysis of applications of computing.
Assistant technical health.
Responsibility of planning, order and supervise the execution of tasks of production, maintenance, services or administration or of the set of all those in a company of dimensions reduced.
Realization of functions that involve tasks of research, or control of works with training for study and solve them problems that are raised.
Monitoring technical of a group of services or of the whole of them themselves and even of all them processes technical in companies of type half.
Any other function analog that respond to those criteria General and of training attributed to this group professional.
17. Group professional number 6.
General criteria: include functions which consist of complex activities with defined objectives and high degree of autonomy and responsibility factors demand, and normally run a set of functions that involve specialized technical or vocational activity.
Education: Equivalent to academic qualification of middle-grade or higher, complete with extensive professional experience.
Examples: This professional group includes all those activities which, by analogy, are similar to the following: coordination, supervision and management of heterogeneous administrative jobs or administrative activities of medium.
Responsibility of the exploitation of a computer, or on the suite of services of data in units of medium dimensions.
The functions consisting of planning, management and monitoring of systems, services, processes and circuits work.
The development of tasks of management and of research to high level with the programming, development and responsibility by those results.
Preparation of approaches General of the use efficient of them resources human and of them aspects materials.
Any other function analog that respond to those criteria General and of training attributed to this group professional.
18. 0 professional group.
General criteria: this group includes workers who make decisions or participate in its elaboration. They play senior positions of direction or performance of the same levels in departments, divisions, groups, factories, etc., that will structure the company and that they always respond to particular management of each.
Training: comparable to the levels academic superior completed with studies specific and extensive experience professional.
Examples: This professional group includes all those activities which, by analogy, are similar to the following: elaboration of the policy of organization and control of the activities.
Establishment and maintenance of productive structures and support.
Determination of commercial, financial or industrial policy.
Any other similar function that responds to the general criteria and training attributed to this professional group.
Notes: 1 the classification contained in this article, will be held by interpretation and application of the general criteria and most representative basic activities carried out in the examples.
In the case of attendance in a job of basic tasks corresponding to different professional groups, classification will be made depending on the activities of the professional group that spend most of their day, attending in any case the criterion of equal face value works to prevent any kind of discrimination.
2nd classification does not imply in any case that is excluded in the jobs of each professional group complementary activities which may be Basic for jobs including in different occupational groups.
19. mode of operation to establish the new professional classification.
Debido_a the collective implications that has the new structure of professional classification, and the need for the maximum possible agreement on the application of this new classification that comes to modify substantially the established so far, is established following operate mode: to) will be negotiated between the company and workers representatives.
(B) in the event there is agreement, parties may inform the Joint Commission content of such an agreement.
(C) in the event of agreement between the company and workers ' representatives is not reached, they may undergo together the mediation or arbitration of the Joint Commission.
(D) also, both parties may also consult to the Commission mixed to emit the corresponding opinion that will have character binding if is adopted by unanimity.
(E) where not there are representatives of the workers, these may go directly to the Commission mixed.
For resolve it mediation or consultation proposed, the Commission mixed may examine in it company them features of it activity object of the disagreement, as well as make in the breast of the same them steps that consider appropriate for the emission of the opinion requested.
After know is it interpretation or opinion, or the arbitration of the Commission mixed, the address of the company apply the new classification professional, being however open it via jurisdictional relevant for any claim.
In any case, the negotiation does not presuppose the need for mutual agreement at the level of enterprise, among the representatives of the workers and the direction for the establishment of the new professional classification, therefore should not be forgotten that in disputes over professional classification will be the worker or workers concerned which would have to accept or reject its new professional classification.
In order to prevent any kind of discrimination to produce a system change to another, playing positions of lower or higher rating by needs of the organisation of work, will include all those workers who came coincidentally on the same professional group in which to include the rest of workers carrying out the function or functions to those performed before the cyclical changes.
20. adequacy of professional classification and mandatory model of consultation procedure.
Is will examine annually the adequacy of the existing classification professional in the company to them modifications produced as result of the evolution technological or of organization of the work. In the so-called of disagreement between the company and them representatives of them workers, is will proceed as is indicated in the article earlier.
The consultations in relation to the classification professional, issued to the Commission mixed, must adjust is to the model that is attached in the annex I.
21. mobility functional.
May take is to out a mobility functional in the inside of them groups professional, when this not involve transfer of locality. Exercise of limit for the same them requirements of fitness and fitness necessary for the performance of the tasks that is entrusted to said worker.
To them effects of this article, is means that there is the fitness required when the capacity for the performance of the new task is peel of it previously made or the worker have the level of training or experience required. Of not produce is them previous requirements, should the company provide to the worker of the training before concerned.
To the worker object of such mobility them will be guaranteed their rights economic and professional, in accordance with the law.
Them representatives of them workers, if them any, may collect information about them decisions taken by the address of the company in matter of mobility functional, as well as of the justification and cause of them same, coming forced them companies to facilitate it.
22. work of other group professional.
The company, in case of need, can allocate to them workers to perform works of different group professional to the yours, reintegrating is the worker to his old since when cessation the cause that motivated the change.
When is try of a group top, this change not may be of duration superior to six months uninterrupted, disease, accident of work, licenses, leave special and other causes similar, in whose case is will prolong while subsist them circumstances that it have motivated.
The retribution, as is plays work of group top, will be the corresponding to the same.
When is concerned of a group lower, this situation not may prolong is by period superior to two months uninterrupted. However, this term may extend is if so is agrees expressly between the company and them representatives of them workers based on reasons exceptional that it justify and with the forecast of measures to resolve the problem raised. In all case, the worker will retain the remuneration corresponding to his group of origin, unless the change is produced by request of the worker, in whose case his salary is condicionaría according to the new group professional. In any case, the change of Group may involve impairment of the dignity human. It will prevent reiterate the work of group bottom with a same worker.
In them cases of workers attached with character forced to a group professional lower, by excess of template, should be reinstated to the Group of origin as soon as there are vacant of your group.
Workers paid at piece-rates or premiums involving perception of special supplements of retribution, can not be ascribed to other works of different regime, except when any causes of force majeure or technical exploitation demands require it.
CHAPTER III contract, income, periods of test, promotions and terminations 23. Recruitment.
Because of the characteristics of the service in the company, the workers are classified into: fixed, contracted by part time certain, eventual, interim and contracted time, training and practice. Any kind of contract of employment whose mode is collected in the legislation in force at any time may also hold.
Labour relations will be, first and foremost, indefinite.
In terms of hiring you will be legal and conventional provisions of higher rank if any on this matter, both General as special, as well as provided in this agreement, with the interrelation that for such standards established in article 3 of the Statute of workers.
23.1 contracts for encouraging indefinite hiring: to facilitate the promotion of indefinite hiring may be used this contractual modality in the cases provided for in the legislation in force.
23.2 term contracts: workers hired by time will have the same rights and equal treatment in labour relations to other workers of the template, except for the limitations arising from the nature and duration of the contract.
The contracts of duration determined by circumstances of the market, accumulation of tasks or excess of orders, may have a duration maximum of 12 months in a period of 18 numbered starting from the moment in that is produce such causes.
To the completion of the contract, the worker will have right to receive the compensation finally of contract established legally (available to transient thirteenth of it law 35 / 2010, of 17 of September).
23.3 contract of work or service: in order to promote the use by companies in the sector of contracting modalities provided for by the law, will be preferably used contracts for work or specific service, as provided by article 15(1) of the Statute of workers.
Such contracts may cover all tasks or work sufficiently differentiated by the additional workload of representing that, limited in time and whose duration can be anticipated, whether directly or collaterally related to the productive process of the company. Previously to the use of this mode contractual, the company will give has to them representatives of them workers of the cause object of the contract, as well as of the conditions of work of them same, specifying the number of workers affected, groups professional to assign and duration planned. This inclusion in this Convention may not be understood in any case limited to the contractual form provided for in article 15.1 of the Statute of workers concerned.
At the end of the contract, workers are entitled to receive compensation at last contract legally established (thirteenth transitional provision of law 35/2010, September 17).
23.4 interim contracts: contracts that are concluded to replace other fixed workers during forced absences, such as illness, leave or forced leave of absence, shall set forth the name of the worker who is replaced and the causes that motivate their replacement. Its duration will be determined by the date of reinstatement of the owner to the job.
23.5 training contracts: the contracts for the training in accordance with current legislation and the collective agreement itself, will be directed to promote professional training and training in jobs of professional group I and, exceptionally, in those of the professional group 2 which by its very nature requires certain knowledge and experience. In carrying out this type of contracts companies must store the corresponding proportion among men and women.
The remuneration of these contracts will be provided, as legally foreseen, worker spend 15% of their working hours to receive theoretical training outside the work place 9.130 euros per year. Otherwise pay low contracted worker will receive this modality to play their effective work full-time will be 10.742 euro per year. A_partir_de the entry into force of the Royal Decree 10/2011, of 26 August, contracts for training and learning will be the new article 11 (2) of the Statute of workers, notwithstanding that according to paragraph g) of the remuneration that corresponds to the / workers is the same as that established in the preceding paragraph.
23.6 contracts in practices: is will understand referred to this mode contractual, them aimed to arrange with who were in possession of a title University or of training of grade average or superior or titles officially recognized as equivalent, all this in the form planned in the article 11.1 of the Statute of them workers.
The remuneration of these contracts will be the 75% and 85% of the SMG of the Group professional in that is perform the provision of your relationship labor, during the first and second year of validity of the contract, respectively.
23.7 part-time contracts: contract of employment shall held part-time when delivery has been agreed upon services for a number of hours a day, a week, a month or a year, less than the day of full time governing in the company.
Workers employed part-time shall have equal rights and equal treatment in labour relations to other workers of template, except for the limitations arising from the nature and duration of his contract.
The number of additional hours provided for by this contract mode up to 50% of the hours of the contract may be extended by agreement between the company and workers representatives. In any case, the sum of the regular hours and the complementary must be less than the maximum day governing in the company.
Part-time contracts may be of duration specified or indefinite, except in the contract for the training.
23.8 contracts of relay: in those companies in which is produce them circumstances that enable the contract of relay, these will come forced to complete the formalities necessary for the realization of the corresponding contract of relay, whenever the worker affected it request.
He cited contract of relay is governed with regard to its formalities and requirements by it willing in the legislation current.
However, of mutual agreement between company and worker retired can agree is the accumulation of the time of this last in a certain time of the year.
23.9 contracts fixed-discontinuous.-the contract by time indefinite of fixed discontinuous is the concerted to the realization of works that have character of fixed discontinuous and not is repeated in dates certain, within the volume normal of activity of the company. He contract fixed discontinuous is differentiates of the eventual because their services are repeated in the time and are inherent to the process productive of the company and without whose contest not would be possible the realization of the activity of the same.
In them alleged in that those works discontinuous itself is repeated in dates certain, les will be of application the regulation of the contract time partial celebrated by time indefinite.
When is use the modality contractual of fixed discontinuous is established in each company, prior report consultation of them representatives of them workers, the order and form of call with criteria objectives and not discriminatory. It called to the worker, as well as the notification to them representatives of the workers, is made with a notice minimum of seven days.
In the contract written that is formalize must appear an indication on it duration estimated of the activity labour, on the form and order of appeal and the day labor estimated and its distribution time.
The address of the company will inform to them workers permanent-intermittent on the vacant relating to contracts of duration indefinite of character ordinary that arise in the company.
23.10 chaining of contract temporary. Them workers that in a period of thirty months had State contracted during a term superior to twenty-four months, with or without solution of continuity, for the same or different since of work with the same company or group of companies, through two or more contracts temporary, is directly or through its put to provision by companies of work temporary , with the same or different modalities contract of duration determined, will acquire the condition of workers fixed.
It established in the paragraph above also will be of application when is produce alleged of succession or subrogation business according to it provisions legal or conventionally.
«It willing in this paragraph not will be of application to the use of them contracts training, of relay e interim, to them contracts temporary celebrated in the framework of programs public of on-the-job, as well as to them contracts temporary that are used by companies of inclusion duly registered and the object of such contracts is considered as part essential of a route of inclusion custom.»
24. temporary employment agencies.
Provision contracts with temporary employment agencies will be used to cover occasional activities in accordance with legal and conventionally.
By virtue of provisions of law 29/1999 and 14/1994, as well as the State Convention's temporary work force, companies that occupy Temporary workers as users are obliged to contract provision guarantees stated in these rules in the sense of these workers will receive the same remuneration to workers in the user undertaking carrying out identical or similar functions excluding personal allowances.
The income of workers will adjust General employment legal rules and the special ones for specific groups.
They will have preferential right to the income in equality of merit who have played or perform functions in the company with character eventually, interim, contract of employment for a time certain, part-time or contract formation.
He entrepreneur shall communicate to them representatives of them workers them posts of work that thinks cover and them conditions required to them aspiring and will come obliged to make delivery to the representation of them workers of a copy of them contracts that is made.
26. subcontracting of activities.
(Of conformity with it willing in the existing article 42 of the Statute of them workers, when the company concluded a contract of provision of works or services with a company contractor or subcontractor, shall inform to them representatives of them workers on them following ends: to) name or reason social, address and number of identification fiscal of the company contractor or subcontractor.
(b) object and duration of the contract.
(c) place of execution of the contract.
(d) in its case, number of workers that will be occupied by the contracts or subcontracts in the center of work of the company.
(e) measures planned for the coordination of activities from the point of view of the prevention of risks labour.
27. probationary period.
The income of workers shall be considered made by way of proof, whose period is variable, depending on the nature of the posts to cover, and that in no case may exceed the time set on the following scale: Group Professional 1: one month.
Groups 2 and 3 professionals: two months.
4 professional group: Six months.
Groups professional 5-6 and 0: eight months.
Only is means that the worker is subject to the period of test if so has by written in the contract.
During the trial period, both the worker and the company may freely terminate the contract without notice and without right to compensation.
Elapsed the period of test, those workers will join in the template, computing is to all them effects the period of test.
When the worker that is find doing the period of test not it exceeds, the address of the company will come obliged to communicate it to them representatives of them workers.
The promotion shall comply with the following system: 1. the rise of workers to tasks or jobs of work that involve control or confidence, such as the address, and headquarters, as well as inspection, counseling, recovery, monitoring or guard, delegate and Manager, will be appointees of the company.
2. for the rise of the rest of the workers, companies may establish a competition based on the system of an objective nature, with reference to the following circumstances: adequate qualifications, academic assessment, knowledge of job, medical history, have played role of top professional group and successfully pass testing to be established for the purpose.
29. unilateral termination of the contract.
Included staff at this Convention that intends to cease in the service of the company must communicate it in writing 15 days in advance as a minimum, with the sole exception of cessation occurring on the trial period.
Failure of the worker of the obligation described above entitle company to deduct settlement the amount of the salary of a day for each date of delay of notice.
The entrepreneur must notify by written the end of the contract with fifteen days of advance, on contracts of more than one year. Non-compliance will result in compensation from one day's wage for each day of delay in the communication.
30 records of regulation of employment or request of suspension of payments or bankruptcy firms.
Prior to the filing of a record of employment regulation, either endangered or temporary suspension, company and Union representation, analyze the causes that provoked the situation, trying to correct it by all possible means, using the tools contained in the Convention's flexibility, reductions of day or any other formula that avoids the abovementioned measure.
When such measures prove insufficient depending on the situation: 1. the companies that is see pointed out to present record of regulation of employment, is undertake to put to disposal of them representatives of them workers with an advance minimum of twenty-five days, an exemplary full of said record.
2. the companies will give has to them representatives of them workers of the presentation of suspension of payments or bankruptcy, communicating the situation of the record and the judged in which is pending, and exposing them reasons that them motivate.
3. the representatives of the workers, they undertake to keep the forced reservation of the data and other information received from the company on matters expressed without prejudice to actions that they deem advisable to adopt in defence of the interests of their constituents.
CHAPTER IV day, holidays, licenses and leave 31. Day's work.
The maximum duration of the ordinary working day will be of 1,754 (seven hundred fifty-four) annual hours of effective work, during the term of this collective agreement, i.e. during this year 2011 until its completion on 31 December 2012.
Companies that currently have an annual day less than that described in the previous sections, depending on your mode, should continue with their most beneficial day regimen.
In them days continued, is will establish a time of rest (snack) of a duration minimum of 15 minutes, that will be considered time effective of work, respecting is in all case them breaks of upper duration existing in the companies before the publication of this Convention.
On the calendar that rija in the company, the address of this may have as day u schema flexible of until 100 hours each year of validity of the Convention, that considered of nature ordinary, despite its character irregular, will form part of the computation annual of the day. Such hours flexible will be of application in them days working that result for each worker of the calendar that rija in the company, and can overcome is the bumper daily of day of 9 hours referred in the law, with respect of them breaks minimum already designated.
For the application of the time flexible is will have in has them criteria of causalizacion and explanation of them reasons technical productive u organizational that it justify to them representatives of them workers, as well as to them directly affected, with seven days of advance to the adoption of this decision.
In any case, the extension of day result of that distribution irregular and of the application of them hours flexible, not may be of application to those workers / as that have limited their presence by reasons of security, health, care of minor, pregnancy or periods of breastfeeding.
The compensation of them hours flexible or of free available made will be the following: A time of rest mandatory by each time flexible, until the ninth hour of work daily, included this.
1.5 hours by each hour flexible made, from the tenth hour of work daily, and included this. In this case, one hour will be compulsory rest, and the additional half-hour can be rested or remunerated, in accordance with the following paragraph are available.
The period of rest compensatory corresponding is will enjoy within the day annual agreed, whenever not coincides with periods tip of production, and trying to that them same is set by agreement with them representatives of them workers or with them own affected. In the so-called of disagreement will be accumulated in days full and will enjoy in the period maximum of four months from the home of the period of work flexible.
Them Middle hours additional of compensation in schema flexible of ten or more hours of work daily may be compensated in time of rest or paid to option of the worker and in case of disagreement regarding the date of enjoyment if is in rest will decide the worker.
He rest weekly not may be lower to it provisions in the article 37.1 of the Statute of the workers.
Signatory parties to the Convention agree to carry out the relevant studies, in order that if the productive and technical conditions allow it, the working day is distributed from Monday to Friday.
Article 32. Overtime.
The value of overtime shall be calculated on the individual hour salary, which will be added to the staff a surcharge of 75 per 100 except for the worked in Sunday or holiday, the surcharge will be 150 by 100, unless otherwise specified by law, the compensation will be done preferably by rest time.
For the purposes specified in the legal provisions in force, shall be considered as overtime, those that are caused by force majeure, repair claims, catastrophe or not foreseeable end of production periods and provided that the realization of these hours it's not possible to replace them by the recruitment of workers by temporary schemes provided for by law.
The companies may agree with their workers the compensation of them hours extraordinary in time free equivalent and not in its compensation economic.
The total perceived during this period of time on the occasion of the completion of overtime, as well as their number shall appear in the receipt of wages.
In order to promote employment, more overtime than those legally permitted can be made in any case.
Article 33. Work schedule.
In the period of one month from the publication of the official calendar in the official bulletin of the State, firms will point, according to the representatives of workers, labour official schedule for the company.
Said calendar shall include them parties local and them dates working for the enjoyment of them holiday, as well as the fixing of them bridges if them has.
In addition to them parties established with character general and local by the Administration, is set as holidays them days 24 and 31 of December of each year.
Article 34. Holiday.
Regardless of the professional worker group, annual holidays will have a minimum of thirty calendar days, in accordance with the laws. The holiday is will enjoy in the time that of common agreement fixed the worker and the company. The same if possible, enjoy preferably between the months of May and October, both inclusive, provided that the conditions technical and productive so permit. In the event that they enjoy outside the referred months duration will be thirty-five calendar days if they were complete, or thirty-two and a half days if you enjoy fifteen days in each of the periods concerned, provided that this circumstance occurs by the company organizational need.
If the worker it requested, fifteen days of the holiday annual will be much enjoyed between the months covered between mayo and October.
For the purposes of the computation of the holiday period, will be taken as the calendar year in question, i.e. from 1 January to 31 December, and must in any case worker enjoying the time that corresponds within the year.
However, them workers that in the date determined for the enjoyment of them same, not had completed a year natural in the template of the company, will enjoy by those dates of the number of days proportional to the time of services rendered.
The table of distribution of holiday is expose with an advance of three months as minimum in them planks of ads for knowledge of the personal.
The retribution of them holiday is held prior request of the interested before the start of them same, and is paid according to the average retrieved by the worker by all them concepts in day labor normal, in them three months previous to the date of initiation of them same.
Staff entitled to holidays that end in the course of the year shall be entitled to the proportional part of the holiday, according to the number of months worked, computing as week comprehensive fraction thereof. In the case of death is satisfy to your IMSS users.
In the course of that holiday distribution is carried out through the shift system, these will be distributed among the workers through the system of annual rotation.
The enjoyment of the holiday period will not start when before the date scheduled for them, workers are in a situation of temporary disability for accident at work or occupational disease. In cases of maternity, including the adoption and the foster care and I.T. risk during pregnancy, the suspensions of contract of employment that coincide with the period of holiday complete following such suspensions can enjoy immediately, although he had passed the calendar year.
Those companies that proceed to implementation or modification of a collective shift system, shall be negotiated with the representatives of the workers new working conditions that may arise from such a situation as well as possible counterparts.
In cases of disagreement between employers and workers must seek advice necessarily mediation and/or arbitration procedures provided for in this collective agreement.
It worker, warning whenever is possible, may miss to the work with right to remuneration, by any of them reasons and during the time that then exposed: 1. fifteen days natural in those cases of marriage.
2. two days by birth of son, that may be carried over by others two in case of justified illness or when the worker need a displacement to the effect.
3. two days natural in case of serious disease, hospitalization, accident, intervention surgical or death of family up to second degree of consanguinity and affinity, that may expand is when mediate need of displacement to the effect.
Degrees of consanguinity and affinity first grade second grade Trabajador-conyuge.
Note: In accordance with the jurisprudence of the Supreme Court, in the second degree of affinity means including the spouse of the worker's brother.
In paragraphs 2 and 3 of this article, where the displacement to be performed by the worker involves covering a distance of 100 kilometers and less than 200 kilometers you will enjoy the third day; and if the distance to be covered is over 200 kilometers you will enjoy a fourth day.
4. a natural day in case of marriage of parents, children, brothers or political brethren in the date of the ceremony.
5 a day for transfer of habitual residence.
6. by the time necessary for the fulfilment of an inexcusable duty of public and personal character.
When the compliance of the duty before referred suppose the impossibility of the provision of the work due, in more than the twenty percent of them hours labour in a period of three months, may pass the company to the worker affected to the situation of leave regulated in the paragraph 1 of the article 46 of the Statute of them workers.
In the so-called of that the worker by compliance of the duty or performance of the charge perceived a compensation, is deducted the amount of the same of the wage that had right the company 7. By the time of duration of the examination and of the displacement to them rights educational General and of it training professional in them alleged and in the form regulated in the legislation current.
Assistance to exams, are these partial or late, whenever curse with regularity and exploitation studies official, and whenever them referred examinations not can compatible is with the schedule of work.
8. by the time indispensable for the obtaining of the card of lead relapsing the license in the day concrete of the examination and to a maximum of three occasions.
9. to perform functions Union or of representation of the personal in the terms established in the Statute of them workers, as well as in the law organic of freedom Union.
In all them alleged referred in this article, is will recognize the right to license paid both to them marriages conventional as to them couples indeed legally registered in them records public created or that can create is to the effect in any field geographical or, in default of these last, to them accredited by writing public attorney granted jointly must is demonstrate of form irrefutable before the company them requirements established previously for the corresponding enjoy of the license.
As stated in paragraphs of the 1 to 3 in exceptional cases duly accredited, such licences will be awarded by the time required depending on circumstances, agreeing, the company and the worker concerned, the conditions of the concession, and can remember not perception of assets.
37. suspension of the contract for maternity leave.
Them working by breastfeeding of a child less of nine months, will have right to a time of absence of the work, that may divide in two fractions. The woman, by his will, may replace this right by a reduction of its day in half hour with the same purpose. This permission can be enjoyed either by the mother or the father, where both work.
Persons who are entitled to this reduction in working hours can replace it, to his will, with a period of paid leave equal to the sum of one hour per day of work, and the enjoyment of this right must occur, necessarily, consecutively to the permission for maternity or paternity leave. The exercise of this right should contact the company minimum notice of one month before its inception.
In cases of premature child birth or that, for whatever reason, they need to stay hospitalized following birth, the mother or the father shall have the right to be absent from work for one hour a day, without loss of economic compensation. In addition, have the right to reduce their working hours to a maximum of two hours a day, with the proportional decrease in salary. For enjoyment of this permission, you will be the provisions of article 37, paragraph 6, of the Statute of workers.
Shall be entitled to a reduction in working hours of at least 50% of its duration with proportional decrease in your salary the parents, adopters or welcoming of pre-adoptive or permanent nature in those cases in which both work, care of child(ren) who are responsible and are affected by cancer (malignant tumors, melanomas and carcinomas), or any other serious illness require long-term hospitalization, during the time of hospitalization and continued from disease treatment, accredited by the public health service or other sanitary administrative body of the corresponding autonomous community.
This right is lapse when, prior report of the SPS u organ administrative health of the community autonomous corresponding, cessation the need of the care direct, continuous and permanent of the son or of the less welcomed from the beneficiary, or when the minor meets them 18 years.
This right can be accumulated in days complete, if so it decided the person caretaker to the home of the enjoyment of the reduction of day.
Who by reasons of keeps legal have to its care direct some less of eight years or a person with disability physical, psychic or sensory, that not play an activity paid, will have right to a reduction of it day of work, with it decrease proportional of the wage between, at least, an eighth and a maximum of it half of the duration of that.
You will have the same right to who responsible for the direct care of a relative up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness can not stand by if needed, and who performs no paid activity.
The reduction of the day referred to in the present paragraph constitutes a right individual of them workers, men or women. However, if two or more employees from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.
Women workers, in the course of delivery, shall be entitled to a break of 16 expandable uninterrupted weeks for multiple birth in two weeks more for each child from the second. The period of suspension will be distributed at the option of the applicant provided that six weeks are at least immediately after delivery, making use of the father for the care of the child, in the event of death of the mother.
However it previous, in the event that the mother and the father work, this, to the start is the period of rest by maternity, may opt by that the father enjoy of a part determined e uninterrupted of the period of rest rear to the childbirth well form simultaneous or successive with the mother, unless in the time of its effectiveness it incorporation of the mother to the since of work a risk to their health.
38. assistance to doctor's office.
Them workers affected by the present Convention collective will have right to permission paid, for assistance to office medical or Center Hospital of it security Social, by the time indispensable to the effect, and must be this permission, justified subsequently, through the corresponding steering wheel of the optional that you attend.
Proceed in the same way, when the assistance is for children younger than age or parent of the employee, even though, in the case of children, when both parents are working, only can be exercised this right by one of them. For parents of the worker, this permission is will enjoy only when mediate impossibility physical, psychic, sensory or by reason of age of the person that should attend to consultation medical or Center Hospital, without need of live with the person working, whenever mediate the prescription of said accompaniment or them parents are older of 80 years.
This law, in the case of assistance to consultation of medical specialists are will make extensive to queries private.
39. leaves of absence.
Workers with one year of service in the enterprise may apply for the unpaid leave for a period not less than four months and not more than five years, not computing the time that lasts this situation to no effect, and that in no case may occur in fixed-term contracts.
The requests of leave of absence will be determined by the company in the term maximum of a month.
The worker who do not apply for re-entry before the end of his unpaid leave, cause definitive low in the company. To qualify for another unpaid worker must meet a new period of at least four years of effective service in the company.
When the employee requests it, re-entry will be conditional to that there are vacancies in your professional group and if there were no vacancy in the own professional group and Yes at the bottom, the surplus may choose to occupy this square with the salary to it appropriate until there is a vacancy in your professional group or not re-enter until such vacancy.
As regards them rights recognized to the woman working by them provisions force, is will be to it provisions in them same. In the leave for care of children, workers shall be entitled to a period of leave of absence, not more than three years, to cater for the care for each child, both when it is by nature as by adoption, counted from the date of the birth, or date of adoption. The successive children shall be entitled to a new period of leave which, in his case will end that had been enjoying. When the father and the mother work in the same company, for justified reasons of operation thereof, the employer could limit simultaneous pursuit.
The period in which the worker is on leave in accordance with this paragraph will be computable for purposes of seniority and workers are entitled to assistance to vocational training courses, whose participation shall be convened by the management of the company, especially on the occasion of their reinstatement.
During the first year of leave of absence, will have right to the book of his put of work. Elapsed said term the reinstatement will be to an activity of the same group professional. Is will produce the loss of the right to the re-entry automatic, if during the leave of absence is made works paid by has alien or usual by has own.
Is may grant to the worker a leave of absence until a maximum of a year, with re-entry automatic, to meet disease of character serious of the spouse, or parents or children single, when the spouse work and these live with them. To such purpose will be justified the character of the disease, by certified medical official, as well as the need of attention to the sick.
40. gender violence.
The signatory parties of the present Convention being especially sensitive to this problem, agree to enter into this article the labour aspects regulated in the Integral law against gender violence, which are realized in the following rights: so that the workers victims of gender-based violence can exercise the rights of labour have to prove such a situation with the employer through the protective order issued by the judge in favor of the victim , or exceptionally with the report of the public prosecutor's Office to indicate the existence of evidence that the applicant is victim of gender violence, until not issued the protective order.
Entitled the worker victim of gender violence, to enforce your protection or his right to comprehensive social assistance, the reduction of the workday with proportional decrease in salary, or, the rearrangement of working time, through the adaptation of the schedule, and the extension and flexibility of other forms of time.
The worker victim of gender violence seen forced to abandon job in the town where was providing its services, to enforce your protection or his right to comprehensive social assistance, will have preferential right to occupy other post, in the same group professional or equivalent to that the company has vacant in any of their places of work.
In such alleged, the company will be obliged to communicate to the working the vacant existing, in said time or which is could produce in the future.
Transfer or change of workplace will have an initial duration of six months, during which, the company shall be obliged to book work that the worker had been occupying.
Over this period the worker may elect the return to their previous job or continuity in the new. In the latter case, will decay the aforementioned obligation to reserve.
By decision of the worker who is forced to leave his post as a result of being a victim of domestic violence, the period of suspension shall have an initial duration not exceeding six months, unless the actions of judicial feels that the effectiveness of the right to protection of the victim it required the continuation of the suspension in this case, the judge may extend the suspension for three months, with a maximum of 18 months.
The period of suspension of the contract is considered period of quote to effect of the corresponding benefits to the Security Social.
While it worker victim of the violence of gender, both in them alleged of suspension as extinction of the contract, is perceiving provision, the service public of employment will have in has your situation at the time of demand you the compliance of the commitment of activity (obligation of search actively employment, accept a placement proper, inclusion professional for increase your employability, etc.).
Recognizes the right of the worker to extinguish its contract of work when is sees forced to abandon their since of work as consequence of be victim of violence of gender. You are entitled to receive unemployment provision that for such purposes is not considered a voluntary termination of the contract.
Absences or punctuality of the worker shortage caused by the physical situation or psychological derived from gender-based violence, shall be considered justified, when so determined by social care services or health services, notwithstanding that such absences are communicated by the employee to the company.
If a working victim of violence of gender is farewell while is exercising its right to the reduction or reordering of its time of work, mobility geographical, change of Center of work or suspension of its contract, the dismissal is declared null and the entrepreneur will be forced to it readmission of it working.
Them absences to the work motivated by the situation physical or psychological derived of the violence of gender, accredited by them services social of attention or services of health not may be dyed in has to justify the dismissal of the worker by causes objective motivated by absenteeism labor.
In those issues not regulated in the present Convention in this matter is will be to it established in the mentioned law.
CHAPTER V economic conditions 41. Guaranteed minimum wage of Convention.
He wage minimum guaranteed (SMG) will be compound by it all of them concepts remuneration to perceive by them workers of each company in activity normal or usual in works not measured not is includes in the SMG them following concepts: antiquity and complements variables that depend on of quantity and/or quality of work.
42. tables of minimum wage guaranteed by professional groups.
The following table of SMG is set for 2011: professional groups guaranteed annual minimum wage - (euro) Group I 13.956 Group II 14.492 Group III 14.895 Group IV 15.297 V 15.968 Group VI 17.846 group 0 19.725 43. Structure pay.
Wage remuneration of the personnel covered by this agreement will be constituted by the wage base (SB) and the same plug-ins.
The salary base is the SMG of each group professional. For those workers that perceive a retribution upper to the wage minimum guaranteed, is set a complement Personal by the difference between the wage base or SMG and the really perceived. Said complement not will have the character of absorbable or compensable, and will be tradable, until an amount maximum of 35,000 euros of salary annual total. The amount that exceed this amount, will be absorbable, compensable and tradable the free discretion of the company, reporting to the representation of the / workers of the amounts left of perceiving, broken down by occupational groups.
44. increases in salary.
The initial salary increase for 2011 will be of 1% on the SMG of the professional groups.
For 2012 initial increase will be 2% on the groups professionals, 45 SMG. Salary review clause.
Clause of review wage 2011.
In the event that the index of prices to the consumer (IPC) established by the INE sign up to 31 December of the year 2011 a variation with respect to the percentage of increase initially agreed for that year (1%) shall be carried out a pay review finds as soon as officially such circumstance in the variation on the indicated amount.
The wage increase that if appropriate shall be carried out with effect from the month of the year in which monthly cumulative CPI exceeds the number of initially agreed increase for year 2011 (1%), serving as the basis of calculation for the salary increase of the year 2012 and to carry it out will be taken as reference bases used for the increases agreed in that year.
On the assumption that the real CPI is lower in relation to the percentage of increase initially agreed for 2011 (1%), shall not refund of wages but will affect this circumstance for the purposes of the calculation of the salary increase for the year 2012.
2012 pay review clause.
In the event that the index of prices to the consumer (IPC) established by the INE sign up to 31 December of the year 2012 a variation with respect to the percentage of increase initially agreed for that year (2%) shall be carried out a pay review finds as soon as officially such circumstance in the variation on the indicated amount.
He increase of wages that in his case appropriate is shall be with effects of the month of the year in which the IPC accumulated monthly exceed the figure of increase initially agreed for the exercise 2012 (2%), serving as base of calculation for the increase wage of the year 2013 and to carry it to out is will take as reference them bases used for perform them increases agreed in said year.
On the assumption that the real CPI is lower in relation to the percentage of increase initially agreed for 2012 (2%), shall not refund of wages but will affect this circumstance for the purposes of the calculation of the salary increase corresponding to the year 2013.
46 clause of non-implementation of the increase has been agreed.
To get the required stability economic, them percentages of increase wage agreed, included the review wage that could proceed based on it willing in the article 45, not will be of necessary and forced application for those companies in which is den them circumstances to is concerns the article 82.3 of the Statute of them workers, i.e. When the enterprise has a persistent decrease in their income level or their situation and economic prospects could be affected negatively as a result of such application, affecting the chances of maintaining employment in the same. In any case, and with no limitation means that such circumstances for those companies who prove objectively and truthfully, situations of deficit or loss maintained in the accounting period of the previous year concur.
In the event that the circumstances referred to in the preceding paragraph are at the time of having to implement wage revision clauses referred to in article 45 of the present collective agreement, companies may also SAG of such application with independence that had done no matter increases wage from the beginning of the year referred to in article 44.
In all cases moved to the parties fixing the previous development of a consultation period wage increases under the terms of article 41.4 of the Statute of workers and meeting other requirements and conditions laid down in article 82.3 of the cited legal text. To assess the economic situation of the company shall be taken into account circumstances such as the insufficient level of production and sales, and will be handled data resulting from accounting firms, their balance sheets and their income statements.
For the purpose of developing the consultation period cited above, companies must be submitted to the representation of workers accurate documentation (balance sheets, statements of income, tax of societies, in your case statement Auditors report, as well as the measures and forecasts to contribute to the viability of the company's future) that justifies a differentiated salary treatment. In this sense, in those of less than 25 workers, and economic cost that this entails, the Auditors report, shall be replaced by documentation that is accurate within the designated above to demonstrate, truthfully, the situation of loss.
Information to present, will include a study on the impact of wages on the economic progress of the company. The viability Plan, an enterprise should present, explicitly includes forecasts and industrial, commercial, economic and financial objectives in the short term, as well as the means intended to achieve these objectives.
The representatives of the employees are required to treat and maintain the largest reserve in the received information and data which have had access as a result of the provisions of the preceding paragraphs, noting, therefore, with respect to this, professional secrecy.
On the assumption that the pick up arises in connection with the wage increases of the early years referred to in article 44 of the Convention, the undertakings affected by the provisions of the preceding paragraphs is subject or not to review wages during the year according to what specifically agreed between the company and the representatives of workers in the bosom of the same , Dante is do contain such decision in the document that collect them agreements.
In all case and without prejudice of it indicated in the article 41.6 of the Statute of the workers, it established in paragraphs earlier only is circumscribed to the increased wage, finding is forced them companies affected by the content of the rest of the Convention collective.
Prior manifestation of be included in them circumstances and conditions justifications of not find is in provision of face as of necessary u forced application the increase wage agreed in the Convention collective, the companies will negotiate with them representatives of them workers an increase and/or review wage different to them agreed in the Convention.
To be eligible for the clause of non-implementation of the agreed increase of this article, companies must notify the representatives of the workers their intention to do so within the period of thirty calendar days from the publication of the Convention in the «Official Gazette».
Also, companies expressed above (excluding the pay rise above, to be suffering from serious economic situation), alleging direct writings, within the period of thirty calendar days after the publication of the collective agreement in the «Official Gazette», to the Joint Commission, communicating such situation, which ensure compliance with accurate, on their own terms , of the provisions of this Convention. The writings must be accompanied by a copy of the communication made to the representatives of the workers. In all case, the intervention of the Commission mixed is gird to the knowledge of the development and application of the process agreed without ingesting is in the knowledge of data of them companies affected that could be qualified as of strict confidentiality, corresponding the negotiation wage of such situations exceptional to the own company and to them representatives of them workers of the same.
Of produce is agreement in the negotiations between the company and them representatives of them workers, this must be communicated to the Commission mixed. He agreement of derogating must determine with accuracy it retribution to perceive by them workers of such company, establishing, in its case and in attention to them causes that it determined, a programming of it progressive convergence towards the recovery of them conditions wage established in the Convention collective of field upper to the company that you is of application, without in no case such derogating can overcome the period of validity of the Convention or , as Max them three years of duration. He agreement of derogating and the programming of it recovery of them conditions wage not may assume the breach of the obligations established in Convention relating to the Elimination of them discrimination remuneration by reasons of gender.
The company and them representatives of them workers can agree in any time the replacement of the period of consultations by the application of them procedures of medication or arbitration.
Of request is such mediation or arbitration should send is to the Commission mixed documentation sufficient for this can to pronounce is. If to trial of the Commission it documentation sent not out enough for to decide is will lead to them parts requesting expansion or clarification of the same. In the so-called of not driving the mediation to an agreement, the Commission mixed will establish necessarily a procedure of arbitration mandatory for realize both the increase as it possible review wage of application to the company, can stay this last to expense of them results economic definitive of the exercise to is refers the pick up.
In them alleged of absence of representation legal of them workers in the company, this is means attributed to them unions more representative and with legitimation for form part of the Commission negotiating of the present Convention collective and unless them workers decide attribute its representation to a Commission integrated by workers of the own company designated according to it willing in the article 41.4 of the Statute of them workers.
47. complement personal of antiquity.
He personal understood in this Convention will perceive increases periodic by years of service, consistent in cuatrienios, in the amount of a 5 percent each one, with the limits established by the Statute of them workers.
Except those that have established conditions more beneficial, the base for the calculation of the complement of antiquity during them two years of validity of the present Convention will be according to is set then: year 2011: 400.00 euros.
Year 2012: 410.00 EUR.
This supplement shall be paid on each of the two payments established by the company, including those mentioned in the following article 48.
48 gratifications of July, Christmas and March.
In the 15 days of the months of March, July and December, companies paid consistent gratification each one of them in the amount corresponding to thirty days of agreement wage seniority, where appropriate. In the case of the March pay, this may be prorated over the twelve months of the year.
However, companies may agree with the legal representatives of the workers and failing with employees payment of assets accrued annually prorating them by the number of pay deemed most appropriate.
49. If temporary incapacity supplement.
For disability temporary by disease, suspension of contract by risk for the pregnancy or accident, duly accredited by the Security Social, the company will complete them benefits mandatory until the amount full of their remuneration until the limit of twelve months, although the worker has been replaced.
Correction of absenteeism.-them parts signatory of the present Agreement recognize the serious problem that for our society supposed the absenteeism and understands that its reduction implies both an increase of the presence of the worker in the since of work as it correct Organization of the medicine of company and of it security Social, together with some appropriate conditions of security, health and environment of work , in order to an effective protection of the health physical and mental of the workers.
Of equal form, them parties are aware of the serious sagging that in the economy produces the absenteeism when is exceed certain levels, as well as the need of reduce it, given its negative incidence in the productivity.
To achieve these objectives properly agree to: 1. do their utmost to suppress the absenteeism due to causes related to the working environment in order to an effective improvement of the working conditions, taking into account the ILO standards. To do this, both sides will meet annually in order to analyse the causes of absenteeism from the previous year and rating, if applicable to the type of action that may arise from such an analysis.
2. the representatives of the workers must be consulted in all decisions relating to technology, organization of work and use of raw materials that have impact on the physical and/or mental health of the worker.
3. to the quantified and classified causes of absenteeism, will not be Computable for purposes of such quantification following absences, prior and duly justified, within the legally established in the following cases: marriage.
Birth of a child or serious illness or death of a relative up to the second degree of consanguinity or affinity.
Transfer of habitual residence.
By the time necessary for the fulfilment of a duty of public and personal character.
Realization of Trade Union functions or in the terms established legally or conventionally staff representation.
Absences for nursing one child under nine months.
Absences arising from hospitalization.
Absences due to injury.
The absences caused by the suspension of the activity in the event of risk of accident when it has so ordered by the Authority work or own entrepreneur, so decides whether or not at the request of the representatives of the workers.
Cases of suspension of employment contract due to legally established, except for temporary incapacity.
These effects will not be considered for continuous absences of more than twenty-one days or those in the case of hospitalization, accident of labour or maternity and licenses.
4. in order to reduce absenteeism (understood as such temporary incapacity, in accordance with the previous section and the unjustified failure), when the individual numbers of absenteeism exceeded 4 per 100 of the day/time to work during the period of three calendar months, the worker concerned cease to perceive the complement of temporary disability. Such computation shall be made on a quarterly basis and, in the event that the worker had improperly received complement, the company will proceed to its deduction in the first month of the following quarter.
5. the Faculty of withdraw the complement of temporary disability, as referred to in the preceding paragraph, may be used by companies, although they had not exercised it earlier.
6. companies, in any case, support increase in inferred economic complement of this article, whether by legislative or regulatory changes the percentage reductions occur in Social Security benefits.
7. in this chapter both parties is governed by the criterion basic of search the reduction of them causes that it generate and focus is in those in which a performance realistic and negotiating can get its reduction to short and medium term.
The destination given to the amount of funds that will be created with the add-in no longer perceived by those affected, will be decided with the participation of representatives of workers in meeting dedicated to this purpose, in the first quarter of the year on the previous year, 50. Payment of the salary.
The payment of wages, will be made by check, Bank heel, or bank transfer system. In this last so-called, the company is will ensure's that the manure in it has of worker, is produce in the date usual of payment.
The period of payment of wages can be weekly, bi-weekly or monthly.
Workers are entitled to receive advances for work performed while these may exceed 90 per cent of the total amount of wages earned.
Those companies that do payment of assets through cheque or banking heel and matching box of banking institutions, working hours will come obliged to negotiate with the workers concerned the way in which these can enforce these charges.
Those companies that are appropriate to the introduction or modification of a system of collective incentives, shall be negotiated with the representatives of the workers new working conditions that may arise from such a situation as well as possible counterparts.
In cases of disagreement between employers and workers must seek advice necessarily mediation and/or arbitration procedures provided for in this collective agreement.
In line with the will of the signatory organizations advance a greater relationship between pay and productivity, on the initiative of the companies systems of remuneration may be established by yields that improve productivity and therefore wages of workers.
He increase of productivity of it labor has as limit the 40% on the performance normal, by which, them needs of greater productivity of them companies of a 100%, 200%, 1,000%, etc., not depends on of the labor but of the company robotizando, machining and computerized them processes that is can.
Confining us to the productivity of it labor and since them organizations that subscribe the present Convention, are members of full right of the ILO, accept them concepts of them publications issued by this organ, and in what is refers to productivity, such organization sets for the productivity of the labor it reference 100 for them yields normal and it of 140 for them yields optimal. The valuation of them works it will make free and optionally each company that it want to by an of them five technical that exist for rating works, according to the type of work that develop each company, using the technical that you is more profitable. These five techniques are: assessment by statistics of performances in previous works, sampling of work, timing, standard times and predetermined times.
However, if some companies that are attached to this Convention used other various activities and performance scales, may continue with having if so deemed suitable, understanding that the normal activity 100 is the same reference at all scales although designated with a different figure, (75 Gombert, 60 Bedaux, etc.).
To increase them remuneration of them workers and workers, is recommended by them parts signatory of the Convention, establish in them companies the technical or technical of them five expressed that more is suits to them types of work that develop for establish them yields normal, as well as systems of incentives economic for yields superior to the normal, incentives that, in any case they will become part of the wage agreement that perceived by the consideration of the normal yield 100. This article on productivity remains open face to its enlargement in successive agreements according to needs that demands the subject.
Procedure for the implementation of a new system of performance and incentives.
For the introduction of a new system of performance based on bonuses or incentives, fixing of the normal and optimal activity and change in working methods proceed as follows: 1 the management of the company must previously inform in writing of the new system which is intended to implement the works Committee or delegate of staff and stewards , if any, or representatives of the company trade union sections.
2nd on the assumption that there is no agreement between management and the workers representatives, in connection with the implementation of a new system of organization of work, any of the parties may request the mediation of the Joint Commission, both parties by mutual agreement, to arbitration as provided for in the agreement on extra-judicial settlement of disputes of existing nationally.
3rd not having produced the agreement demanded or requested external arbitration the implementation of the new system of performance or work will be faculty and decision of the direction of the company, irrespective of legal actions that correspond to those affected, if they interpret these modifications gotten injured their contractual rights. Meanwhile insofar is not reached agreement on the procedure of mediation, or arbitration award handed down or judicial resolution firm, applies the new performance system ordered by the Directorate, in accordance with the time limits provided for in article 41 of the ET for cases of substantial working conditions change.
53 clause of non-discrimination and affirmative action.
To contribute effectively to the implementation of the principle of non-discrimination and low development concepts of equal conditions of work of equal value, is necessary to develop a particularly positive in the conditions of recruitment action, salary, training, promotion and working conditions in general, so that equal suitability of persons shall have the preference of gender under-represented in the professional group concerned.
In the wage area is given by reproduced the article 28.º of the ET, which establishes the principles of equal remuneration conditions by reason of sex and says that it refers both to the direct remuneration as salary, indirect as extrasalarial.
CHAPTER VI displacements and transfers 54. Displacement.
Companies, by the service needs, can confer their workers any Commission out of habitual residence, in which case the worker shall be entitled to be paid expenses has been made upon presentation of the corresponding receipts.
Conditions in which movements, must be include in the enterprise Pact if any. If it were not regulated in the heart of the company, minimum diet that people will perceive that shall make such displacements will be 12 euros if it makes a meal outside the home, 24 euros if it makes lunch and dinner and 100 euros if you need to spend the night outside their home, these amounts shall be collected at the time of start is the offset.
Where movement involves for the worker the continuous absence of the workplace of more than 30 calendar days, it will have character of transfer and shall be made by common agreement between the parties.
The transfer of personal to different centres of work that involves change of residence, not may be imposed as sanction.
In the so-called of that the company has that allocate to some worker, group of workers, or the whole of your template, to another center of work, is will continue to the procedure established in the article 40 of the existing statute of them workers.
In them cases of change of domicile of the company within the same town or community autonomous where already came exerting its activity, is proceed of such mode that, in all case, are safeguarded them interests of them workers.
CHAPTER VII prevention of risks labor 56. Framework of development.
The protection of the health of workers is a basic and priority goal of the signatory parties, and considered that to achieve it is required the establishment and planning of preventive action in the workplace and in companies that have finally the elimination or reduction of risks at source, from its assessment which shall take into account also the concepts of gender and psycho-social taking necessary measures, both in the correction of the existing situation and technical and organizational developments of the company to adapt work to the person and protect their health.
In many matters relating to the prevention of health and safety of workers, shall apply the provisions contained in the law 31/1995 of 8 November, prevention of occupational hazards and concordant rules, which are rules of law required minimum and unavailable.
57. the preventive action in the company.
Preventive action in companies from the scope of this Convention will be inspired by the following principles: avoid and combat the risks at source.
Assess those which can not be avoided.
Replaced as far as possible the dangerous which involves little or no danger.
Personal protective equipment must be used when risks may not be avoided or not can be limited sufficiently by technical means of collective protection or by measures, methods or procedures of work organization.
Adopt measures that put the protection group to the individual.
Plan for prevention.
Adapt the work to the person, especially in what respects to the conception ergonomic of the posts of work, and of organization of the same.
58. obligations of them / as workers and workers in matters of prevention of risks labour.
1. corresponds to each worker ensure, according to their possibilities and through the compliance of them measures of prevention that, in each case are adopted, by its own security in the work and by it of those other people to which can affect your activity professional, because of their acts and omissions in the work of conformity with its training and them instructions of the entrepreneur.
2. workers according to their training and following the instructions given by the employer, shall in particular: 3. use properly, in accordance with their nature and the foreseeable risks, machines, devices, tools, dangerous substances, equipment transport and in general, any other means with which to develop their activity.
4. use correctly them media and equipment necessary of protection by the entrepreneur, in accordance with the instructions received from this.
5. do not put out of operation and use existing safety devices or that they are installed in the media related to your activity or in workplaces in which takes place.
6 immediately inform their hierarchical superior direct and the / workers designated to carry out activities of protection and prevention, where appropriate, to the prevention service about any situation involving its opinion, on reasonable grounds, a security risk and health of the / as workers.
7. contribute to the fulfilment of the obligations laid down by the competent authority in order to protect the safety and health of the / as workers on the job.
8. cooperate with the entrepreneur so this can ensure some conditions of work that are safe and not involve risks for the safety and the health of them / as workers and workers.
9. the / workers and workers aged under 18 years, pregnant and breast-feeding women may not perform hours exceeding eight hours of effective work.
59. protection of the maternity leave.
1. it evaluation of them risks must understand the determination of the nature, the grade and the duration of it exhibition of them working in situation of pregnancy or childbirth recent, to agents, procedures or conditions of work that can influence negatively in it health of them workers or of the fetus, in any activity susceptible of present a risk specific. If the results of the evaluation reveals a couple risk safety and health and a possible effect on the pregnancy or breastfeeding of workers mentioned, the employer shall take the measures necessary to avoid exposure to this risk, through an adaptation of the conditions or the working time of the affected worker. Such measures shall include, where necessary, the non-realization of night work or shift work.
2. when the adaptation of them conditions or of the time of work not is possible or, despite such adaptation, them conditions of a since of work could influence negatively in the health of the worker pregnant or of the fetus, and so it certifies the medical that in the regime of it security Social applicable attend facultatively to it working This will play a post from work or function different and compatible with her condition. The entrepreneur must determine, prior consultation with them representatives of them workers, the relationship of them positions of work exempt of risks to these effects.
The change of position or function will be carried out in accordance with the rules and criteria to be applied in cases of functional mobility and will have effects until the moment in which the State of health of the worker allow his reinstatement to the previous post.
In the so-called of that, still applying them rules indicated in the paragraph previous, not exist since of work or function compatible, the worker may be destined to a since not corresponding to its group or category equivalent, while will retain the right to the joint of remuneration of its since of origin.
(3 If this change of position is not technically or objectively possible, or not be can reasonably be required for justified reasons, it may be declared the passage of the employee affected the situation of suspension of the contract for risk during pregnancy, as referred to in article 45.1. d), of the Statute of workers, during the period necessary to protect her safety or health while persists the impossibility of returning to his former position or to another post compatible with her condition.
4 in previous issues of this article shall also apply during the lactation period, if working conditions could adversely affect the health of the woman or the child and thus certifies it the doctor, where the applicable Social security system, optionally attend the worker.
5. pregnant women are entitled to be absent from work, entitled to remuneration, to carry out prenatal tests and birth preparation techniques, notice to the employer and justification of the need for its implementation within the working day.
60. medical examinations.
Medical examinations carried out must be specific, adapting to the risks present in the posts and centres of labour and raw materials or additives that are handled in each workplace. These awards will take place with the frequency determined in the Protocol of surveillance of the health of the workplace, without prejudice to that standard of higher rank, different periods may be established.
Those workers and groups of workers who, by their personal characteristics, by their greater exposure to risk conditions or other circumstances, have increased vulnerability to it, will be monitored in particular.
The realization of the medical examination will take place within the working day, the time spent will be needed, including travel time and costs of transport which shall be borne by the company and will be considered for all purposes as effective working time.
Mutual choice: the management of the company will notify in writing the delegates of prevention, discussed in the Committee on safety and health, at a meeting convened at the effect, with a minimum notice of 15 days, the changes that may occur in the choice of mutual, as well as the decision to cede the management of common to these contingencies to effects that can issue the corresponding report that it will not be binding. Likewise, on an annual basis, the management of the company shall provide necessary information for in the Committee of safety delegates from prevention and health can be assessed the management of the mutual.
In addition, companies must provide written risk assessments to Union representation responsible for the prevention and the safety and health of persons within the scope of the company.
CHAPTER VIII 61 social improvements. Work clothes.
Workers who provide their services in sections whose work involves garments wear superior to normal as well as all junior staff, the company will facilitate them overalls, monkeys or items appropriate to work (pants, etc.) which perform, at least two times a year, whenever required by the provision.
Companies shall provide clothing and waterproof footwear to personnel who normally have to work outdoors; also to those workers whose usual permanent job requires handling of bulk products which could damage your footwear by its peculiar nature.
Work clothing are not considered property of the worker and for replacement shall deliver the used clothing.
Companies may require that garments engraving name or anagram thereof, and of the section to which they belong.
Costs incurred for this reason shall be borne by the company.
62. award of bonding.
In order to proceed to reward workers who have lent their services to the company for twenty-five years, this will come to meet an award of 45 days of the last salary credited to them on the date of compliance. Similarly those who reach the forty years of service will receive an award of 75 days of the last salary accredited.
For the calculation of the price per day it will divide a fixed annual gross salary between 365 days by multiplying it by the days corresponding to each award.
63. support for death and disability.
In case of death, inability absolute or great disability of the worker with a year of antiquity in the company, will have right to perceive, or in its defect to their IMSS users, a helps consistent in the equivalent to three monthly payments of the last wage accredited, through a safe concerted to the effect by them companies, with a capital that is as minimum the mentioned amount. Such assistance will have their effect until retirement or decline in the company's worker.
CHAPTER IX 64 Union rights. Book of hours for representatives of workers.
Them representatives of the workers, will benefit monthly for the exercise of representation Trade Union, of a credit of 32 hours, with independence of the number of workers with that count the company.
The provision of fee-charging hours corresponding to the members of the committees, delegates of personnel and Trade Union, delegates will be cumulative for annual periods after giving notice to the company trade union organizations in whose nominations have been submitted by or on behalf of which trade unions Act. The management of such bag of hours will correspond to such organizations Union prior assignment signed by those holders individual of such rights.
The Union, or on his behalf the trade union section, notify monthly the company the use of hours by the Trade Union, delegates of personnel and members of Committee delegates.
65. sections Trade Union.
In enterprises or workplaces affected by the present collective agreement, unions on the basis of the provisions in the Basic Law on freedom of Association and in the following paragraph may be, and may develop their trade union action with the contents listed below are expressed: 1. workers affiliated to a trade union may be in the scope of the company or workplace (: to) form sections Union of conformity with it established in the statutes of the Union.
b) hold meetings, notice the entrepreneur, raise fees and distributing Trade Union information, outside of the working hours and without disturbing the normal activity in the company.
(c) receive the information that forward your Union.
2 Trade Union sections of the most representative trade unions and those who are delegates of personnel or be represented on the committees of company shall have the following rights: to) in order to facilitate the dissemination of those announcements that may be of interest to members of the Trade Union and the workers in general, the company will make available a bulletin board that must be in the workplace and in place which ensure a adequate access to the same workers.
(b) to the negotiation collective, in the terms established in its legislation specific.
(c) to the use of a local right in which may develop their activities in those companies or centers of work with more than 250 workers.
66. charges public.
Workers who have Union representative public office, will enjoy the necessary facilities for the performance of the same, bearing right to the see complete of all the fees set forth in the present Convention, in the event of absences caused by the performance of those must be justified in each case properly.
67 Bulletin Board.
In each of the premises of the companies included in this agreement, there will be a bulletin board for use by representatives of workers in which are inserted information of interest to their constituents.
It will place so that, without being in the public eye outside the center of work, the location of the same by workers is easy.
68. the right to non-discrimination.
Workers affiliated to a Trade Union Confederation may not be discriminated against on the basis of their trade union membership.
69. special leave by reason of his trade union office.
Every worker in asset that has been elected to Trade Union Office of provincial or higher level, is entitled to recognition of the situation of trade union leave.
This leave is extended for the time of duration of the charge for which he was elected and this reservation of the job.
The surplus worker drop automatically to your job whenever you request it in the thirty days following the date of its termination of the charge.
CHAPTER X disciplinary workers may be sanctioned by the management of the companies, in accordance with the graduation of fouls and penalties set out in the following articles.
70. graduation of failures.
All lack committed by a worker shall be classified, according to their importance, significance and intention, in mild, serious or very serious.
71 minor misconduct.
The following minor misconduct are considered: the lack of punctuality, of three in a month in assistance to work with delay less than thirty minutes in the check in time.
Do not pursue the corresponding medical, timely when it fails to work for justified reason, unless it is proven the impossibility of completing it.
The abandonment of the service without cause founded, even if it is for a short time. As consequence of it, is subject to any consideration of the company originates or were cause of accident to his fellow working, is missing may be considered as serious or very serious, according to cases.
Small oversights in the preservation of the material.
Lack of cleanliness and personal hygiene, as such, that may affect the production process of the company.
Do not attend the public with due diligence and the correction.
Does not notify the company changes of residence or domicile.
Discussions on matters unrelated to the work within the premises of the company. If such discussions occur notorious scandal, they may be considered as very serious or serious misdemeanors.
Miss work one day a month without just cause.
72. serious misconduct.
They will be considered serious misconduct as follows: more than three unjustified lack of punctuality, exceeding five minutes, assistance to work over a period of thirty days.
Absence without just cause, for two days during a period of thirty days.
Not communicate with due timeliness, the changes experienced in the family, which may affect Social Security. Malicious failure in these data is regarded as very serious.
Surrender to games or distractions in the hours of work.
The simulation of disease or accident.
Disobedience to his superiors in any field of work. If it involved a manifest breach of discipline, or it is stemmed noticeable damage to the company, it may be considered as very serious.
Simulate the presence of another worker, recruiting, answering or signed by him.
Negligence or carelessness at the workplace, affecting the smooth running of the service.
Recklessness in Act of work. If it implied risk of accident for worker, co-workers or danger of breakdown for the facility, it may be regarded as very serious.
Perform, without the appropriate permission private works during the day, as well as tools of the company for own applications.
Drunkenness outside Act of service wearing the company uniform, always by the uniform can be identified to the company.
Recidivism in slight lack (excluded from punctuality), albeit of a different kind, within a quarter and having upon written communication.
73. fouls very serious.
Is considered as faults very serious the following: more than ten fouls not justified of punctuality, upper to five minutes committed in a period of six months or twenty during a year.
He fraud, disloyalty or abuse of confidence in them steps assigned and the theft or theft, both to the company as to them companions of work or any other person within them dependencies of it company or during the work in any other place.
Do disappear, disable, destroy or cause damage in first materials, useful, tools, machinery, equipment, facilities, buildings, enseres and documents of the company.
It condemns by crime of theft, theft or embezzlement, committed out of the company, or by any other class of made that can involve for this, distrust concerning its author, and in all case, it of duration upper to six years, dictated by them courts of Justice.
The continued and habitual lack of cleaning of that kind, which produces justified complaints from co-workers.
Violating the secrecy of correspondence or reserved documents of the company or disclose to foreign materials at the same forced reservation data.
Ill-treatment of Word or work, abuse of authority or a serious lack of respect and consideration heads or relatives, as well as peers and subordinates.
Serious accidents due to negligence or imprudence.
Leaving the job in a position of responsibility.
The decrease in voluntary and continued in the normal performance of the work, provided that this motivated by the exercise of any right recognized by law.
Originating frequent fights and quarrels with coworkers.
Recidivism in serious, albeit of a different nature, provided that is committed within six months of having produced the first.
Abuse of authority by the bosses will be always considered very serious. Which it suffer it will put immediately in knowledge of the direction of the company.
Is considered missing very serious, any form of harassment sexual.
74. regime of sanctions.
It corresponds to the company, the power to impose sanctions in accordance with the provisions of this Convention.
The sanction of the faults minor and serious, or very serious will require communication written motivated to the worker.
Shall be fulfilled the requirement of opening of disciplinary record in cases of very serious misconduct, with the written communication to the employee stating the charges that are against him. It will be awarded to the worker, a period of at least three working days and maximum one week to the effect that may, the affected, make those arguments it deems appropriate.
In any case, the company will realize the representatives of workers the same day to the affected, of all sanction or disciplinary open.
75. sanctions maximum.
The maximum penalties which may be imposed in each case, according to the severity of the foul, will be as follows: for minor misconduct: verbal reprimand, admonishment by writing, suspension of employment and salary up to two days.
For serious misconduct: Suspension of employment and salary of three to fifteen days.
By fouls very serious: from the suspension of employment and salary of sixteen to sixty days, until the termination of the contract of work, in them alleged in that the missing out qualified of a grade maximum.
The Faculty of it company for punish, is barred for them failures mild, to them ten days, for them failures serious to them twenty days, and for them fouls very serious, to them sixty days starting from the date in that that had knowledge of its Commission, and in any case to them six months of have is committed.
77. graduation of fouls.
To them alone effects of graduation of failures, not is will have in has those that is have committed with previously in accordance with the following deadlines: fouls mild: three months.
Serious faults: six months.
Serious faults: one year CHAPTER XI 78 vocational training. Training continues: objectives.
The undersigned organizations of the present collective agreement signed in all respects the national agreement of continuous training at levels functional and territorial of the referred agreement as the best way of organizing and managing training actions that will promote in the Sector.
The organisations that signed the Convention, consider the continuous training of workers as a strategic element that allows you to combine the increased competitiveness of the companies with individual training and professional development of the worker.
CHAPTER XII Joint Commission and extrajudicial settlement of conflicts 79. Joint Commission.
The signatory parties of the Convention, the State Federation of trade workers, hospitality and game of the UGT (FETCHTJ-UGT) and the Federation of industries Textil-Piel, chemical and related industries of CC. OO. (FITEQA-CC. OO.) by one side, and the Spanish Federation of wholesalers of perfumery, drugstore and annexes (FEMPDA) and FEDEQUIM on the other, they agree to establish a joint and Joint Commission as a body of interpretation, arbitration, conciliation, restructuring and monitoring of the Convention.
Fixed the domicile of the Joint Commission in: FITEQA-CC. OO., in the plaza of Cristino Martos, 4, 5th, 28015 Madrid.
FETCHTJ-UGT, in avenida de América, 25, 4th, 28002 Madrid.
FEDEQUIM, on calle Roger de Llúria, 44, 2nd, 08009 Barcelona.
FEMPDA, in calle Orense, 68, 5, 28020 Madrid.
The Joint Commission shall be composed equally of four workers and four representatives of employers, who between them, will choose one or two Secretaries.
This Commission may use the services of advisers in few materials are of their competition. Such advisors will be designated freely by each an of the parts.
The issues subject to the Commission mixed will be the character of ordinary or extraordinary. Be awarded such rating any of the associations Union and business signatories of the Convention collective.
In the first so-called, the Commission joint must resolve in the term of fifteen days, and in the second, in the maximum of seventy and two hours.
Proceed to convene the Commission mixed, interchangeably, any of the parts that it integrated.
Are functions specific for the Commission mixed the following: 1. interpretation of the Convention. Such an interpretation will take place according to the following guidelines: 1.1 when either of the parties of the Joint Commission receives a request for intervention will transmit it to other parts of the same, so that each of these may collect information that it deems necessary, giving the ordinary or extraordinary character each issue for the purpose of resolution of the same term.
1.2. the resolution of the Joint Commission will be held in all cases based on the issues raised by the party consultant, also taking into account the documentation received and own estimations made by the Mixed Commission. The relevant effects, this documentation will be filed by the Joint Committee and shall constitute an integral part of the resolution of this. The Joint Committee shall notify, parties concerned by each query, the resolution adopted.
1.3. the agreements of the Joint Commission for the interpretation of the Convention will have the same value as the text of this pursuant to article 91 (4) of the Statute of workers. In any case those affected by the decision may bring an action before the competent court in defence of their interests.
2 mediating or arbitrating in the treatment and resolution of many issues and collective disputes may arise in the field of application of the present collective agreement.
In this sense, the Commission mixed will coordinate its action with them mechanisms of mediation, conciliation and arbitration existing or that is can put in operation in the future, both in the field national as in them autonomic depending on the area territorial of the conflict.
3. monitoring of the compliance with collective of it agreed.
4. development of functions of adaptation or in his case, of modification of the Convention during its validity. In this case, you must join the Joint Commission all subjects legitimized for bargaining, although they were not signatories to the Convention, being required the concurrence of the Standing requirements provided for in articles 87 and 88 of the Statute of workers for modification possess overall effectiveness.
5. understand in terms of consultation or mediation, of form prior and mandatory to it via administrative and jurisdictional on the interposition of them conflicts collective that arise in them companies affected by this Convention by the application or interpretation derived of the same.
6. perform the steps necessary before the administration central or autonomic, in order to the obtaining of aid that allow a greater secretiat of them conflicts collective.
Of get are such objectives the Commission mixed corresponding would include in the text of the Convention the procedure relevant.
7 develop the list of mediators and arbitrators exercise as such in the conflicts that arise in the sector of wholesale of chemical products, drugstore, perfume and related in accordance with the procedure laid down in the agreement of existing disputes out-of-court settlement.
8 in the case of modification level enterprise of working conditions laid down in the collective agreement in the terms of article 41 paragraph 6 of the Statute of workers the Commission shall be competent: to) in the event of agreement between the company and the legal representation of workers designated pursuant to this article to give the notification log that as regards the agreements that are reached.
(b) in case of disagreement during the period of consultations and whenever it request any of them parts may mediate in the discrepancies in the term maximum of seven days to count since formally proceeded is received in headquarters of the Commission mixed the approach of the same. The mediation of the Commission be resolved with agreement or without agreement, rising in any case Act that shall be transferred to the parties affected by the period of consultation.
9. in the case of trading company of derogating from the wage system-level it will be to the article which takes place in the present collective agreement.
10. for them companies where not exist representation legal of them workers in them alleged of modification substantial of conditions of work or derogating of the regime wage, if the address of the same in accordance with it planned in the article 41 paragraph 4 of the Statute of them workers chose by attribute its representation to them members of them federations business signatories of this Convention collective , by them same is will proceed to designate in the term maximum of five days to count from the communication made by the company to the representation business until three members of them same that will represent to the company in the negotiation. Negotiation that develops between business federations and components designated by the trade unions Act of each of the meetings which shall be communicated to the management of the company and the workers affected will rise.
83. voluntary dispute resolution procedures.
Also the signatory parties of the present Convention, declare their voluntary commitment, in case of conflict, the provisions of the agreement IV on out-of-court settlement of labour disputes (ASEC IV), on February 10, 2009 (BOE of 14 March) or standard substituted during the term of this agreement.
Any discrepancies that may arise in the development of the functions of the Joint Commission according to the provisions of this agreement may be resolved pending mediation and/or arbitration by schemes of extra-judicial settlement of existing conflicts.
In each case the question shall be submitted to the system that is competent for the territorial scope of the conflict and in accordance with the legislation of each one of them.
CHAPTER XIII retirement mandatory 84. Mandatory retirement.
As templates rejuvenation policy, workers who have reached the legal age of retirement and meet all requirements established by law for the benefit of Social Security, will be forced to retire at the time that the company perform the transformation of a temporary contract in indefinite or undefined of a new worker recruitment so there is no amortisation of the retired worker job.
CHAPTER XIV equal opportunities 85. Equality of opportunities.
Them organizations signatory of the Convention, both Union as business, understand that is necessary establish a frame normative general of intervention to level sectoral for ensure that the right fundamental to the equality of treatment and opportunities in them companies is real and effective. Therefore, agree to the following sectoral objectives: to) establish guidelines regarding the development, structure and procedure of plans in order to achieve optimal management of human resources to avoid discrimination and to offer equal opportunities, supported by a permanent resource to social dialogue.
(b) constitute a Commission sectoral by the equality whose skills is designated in the article 90 ° of the present Convention to can develop a work effective in matter of equality of treatment and opportunities in the work.
86. plans of equality.
Of conformity with it willing in it law organic 3 / 2007, them companies are forced to respect the equality of try and of opportunities in the field labor and, with this purpose, must adopt measures directed to avoid any type of discrimination labour between women and men, measures that must negotiate, and in his case agree, with them representatives of them workers in the form that is determine in it legislation labor.
In them companies of more than 250 workers, have one or more centers of work, them measures of equality to is refers the paragraph previous should go is to the elaboration and application of a plan of equality.
The companies also shall devise and implement a plan of equality, prior negotiation or consultation, where appropriate, the legal representation of workers, when the labour authority had agreed in a sanctioning procedure replacement of accessory sanctions for the elaboration and implementation of such a plan, in the terms established in the indicated agreement.
The elaboration and implementation of plans of equality will be voluntary for other companies, after consultation with the legal representation of the workers.
Effects of regulated in the Convention regarding equality plans and the Diagnostics of the situation should be taken into account in article 5 of the organic law 3/2007, according to which, shall not constitute discrimination in access to employment, including the necessary training, a difference of treatment based on a characteristic related to sex when due to the nature of the specific professional activities or the context in which are carried out, such characteristic constitutes a professional prerequisite and decisive, provided that the objective is legitimate and the requirement provided.
To this end, the Convention then collects a series of guidelines and rules in relation to equality plans and diagnosis of situation that may continue to be more than 250 workers companies included within its scope and whose purpose is to facilitate the application and implementation of the organic law 3/2007 to the latter.
87. the concept of equality plans.
As laid down in the organic law 3/2007 plans of the companies are a set ordering of measures, adopted after a diagnosis of the situation, to achieve equal treatment and opportunities between women and men in the company and eliminate discrimination on grounds of sex.
Equality plans shall specify the specific objectives of equality to reach, strategies and practices to adopt to achieve, as well as the establishment of effective systems for monitoring and evaluation of the objectives.
88. diagnosis of the situation.
Prior to fixing the objectives of equality be achieved where appropriate, companies will make a diagnosis of the situation agreed with the RLT whose purpose will be to collect data disaggregated by sex with regard to working conditions, and with special reference to matters such as access to employment, training, classification and career development and remuneration conditions and management of the day , conciliation of work, family and personal life, etc. All for the purpose of identify, if any, the existence of situations of inequality of treatment or opportunities for men and women without an objective and reasonable justification, or situations of discrimination on grounds of sex involving the need to set such goals.
Of all this is rise Act joint with the representation of Association.
(He diagnosis of situation must provide data disaggregated by sexes in relationship, between others, with some of the following issues: to) distribution of the template in relation to ages, antique, Department, level hierarchical, groups professional and level of training.
(b) distribution of the template in relation to types of contracts.
(c) distribution of the template in relation to groups professional and wages.
(d) distribution of the template in relation to management of the day, hours annual of work, regime of shifts and measures of conciliation of the life family and work.
(e) distribution of the template in relation to the representation of Association.
(f) income and withdrawal produced in the last year by specifying Group professional, age and type of contract.
(g) levels of absenteeism by specifying causes and broken them corresponding to permissions, disabilities or others.
(h) leaves of absence last year and those reasons.
(i) promotions last year specifying Group professional and jobs has been promoted that, as well as promotions linked to geographical mobility.
(j) training hours last year and type of training actions.
They must also be diagnosed: the criteria and information and/or communication channels used in the processes of selection, training and promotion, the methods used for the description of jobs and professional profiles, language and content of the offers of employment and application forms to participate in processes of selection, training and promotion.
89. objectives of equality plans.
Once the diagnosis of situation specific targets may be established to achieve on the basis of the data obtained and which may consist in the establishment of positive action on those issues in which it has found the existence of situations of inequality between women and men devoid of objective justification, as well as in the establishment of General measures for the effective implementation of the principle of equal treatment and non-discrimination.
These objectives, which will include strategies and practices to achieve, will preferably go to the areas of access to employment, training, classification and career development, conditions remuneration and day, conciliation of family life, etc., and, between others, may consist in:
(a) promote selection and promotion processes in equality that prevent vertical and horizontal segregation and the use of sexist language. With this is pretend to ensure procedures of selection transparent for the income in the company through the drafting and broadcasting not discriminatory of them offers of employment and the establishment of tests objective and appropriate to them requirements of the since offered, related exclusively with the assessment of skills and capabilities individual.
(b) to promote the inclusion of women in jobs that involve control or responsibility.
(c) establish specific programmes for the selection/promotion of women in jobs in which they are underrepresented.
(d) review the incidence of them forms of contracting atypical (contracts time partial and modalities of hiring temporary) in the collective of workers with relationship to the of workers and adopt measures corrective in case of greater incidence on these of such forms of recruitment.
(e) guarantee the equality of men and women access to company internal and external training, in order to ensure the permanence in the employment of women, developing their educational level and their adaptability to the requirements of the demand for employment.
(f) information specific to the women of the courses of training for jobs that traditionally have State occupied by men.
(g) carry out courses specific about equality of opportunities.
(h) review them add-ons that make up the wage to verify that not are enclosing a discrimination on them working.
(i) promote and establish deadlines to correct the possible wage differences between men and women.
j) achieve greater and better reconciliation of work and family life for men and women through campaigns of awareness-raising, dissemination of permissions and existing legal sabbaticals, etc.
(k) establish measures to detect and correct potential risks to the health of women, especially pregnant women, as well as actions against possible cases of moral, sexual harassment and gender, for what is consensuarán preventive, educational awareness, protection, measures establishing protocols for this purpose.
90. competence of enterprises and workers representatives in the elaboration of plans of equality and transitional arrangements.
Competition of the company will be make the diagnosis of the situation. The documentation that is peel of said diagnosis will be provided for the purposes of report to the representatives of them workers.
Once the diagnosis of the situation, the undertakings affected by these provisions shall be negotiated with the representatives of the workers the equality plan unless it prejudge the outcome of the negotiations since both the contents of the plan and the measures to be taken in your case will depend on always diagnosis and have been observed situations of unequal treatment in the company. In the so-called of that is produce discrepancies and were nature of conflict in accordance with it planned in the law, will be competent the organs of mediation and arbitration of the Commission mixed.
A time implanted the plan of equality in the company is informed to them representatives of them workers with character annual on its evolution, can these last issue report itself so it estimate timely.
Them companies will benefit of a term matching with the force of the present Convention collective for the purposes of apply it willing in them articles previous respect them diagnoses of situation and them plans of equality.
91. the sectoral joint Commission for equality of opportunities.
Is agrees to constitute a Commission joint sectoral by the equality of opportunities between them signatory of the present Convention to address them commitments assumed in the present chapter XIV of the Convention collective, with them following powers: understand in terms of consultation on them doubts of interpretation and/or application that can arise in them companies in relation to them provisions on plans of equality established in them articles earlier.
Monitoring of the evolution of equality plans agreed in enterprises of the sector.
Possibility of producing technical opinions on aspects related to the equality of opportunities and treatment between women and men in the work at the request of the Joint Commission.
If so it agrees in the bosom of the same, elaborate a specific study related to equal opportunities in the sector and, in particular, an assessment of the employment situation and employment of women, to be carried out by the sectoral survey of implementation of the Convention and to which will be necessary that the data presented in the latter disaggregated by gender.
The result of it put in common of these reports and its conclusions, will constitute the memory annual on equality of opportunities of the sector.
First additional provision. Alternative fulfilment of the obligation of reservation of template in favor of disabled workers.
This Convention includes the possibility provided for by article 1, paragraph 1, of the Royal Decree 364/2005, of 8 April, so that the companies can make the alternative measures set out in the Royal Decree.
Second additional provision. Protocols of prevention against harassment, on grounds of sex and sexual harassment.
The signatory parties of the present Convention undertake to negotiate a model protocol of prevention against harassment, sexual and gender sectoral level by December 31, 2011 at the Joint Committee incorporating the agreement annexed to this Convention.
Annex I. models of consultation to the Commission mixed classification professional.
ANNEX I model to fill for consultations of professional qualification for the Joint Commission of the Convention of wholesalers and importers of industrial chemicals, drugstore, perfumeries and annexes functional location: location of the company: professional classification by the (Group) company: professional classification proposed by the representatives of the workers concerned (Group): date: Fdo. (the company): Fdo. (the person concerned): job description: main functions performed in your workplace (for clarity, draw a horizontal line separating each task of the next): daily tasks: periodic or occasional tasks (indicating medium periodicity): skills necessary for the performance of the function: training languages expertise to perform the function of academic professional studies primary. Acquired knowledge in practice.
It requires no languages.
Up to one month.
Title THAT graduate in THAT or equivalent studies.
Knowledge of a foreign language.
Up to three months.
Bachelor or equivalent studies.
Training of a second, just as that in the former, more training courses administrative, commercial, etc. Training or racing professional in the frameworks of training of the own company.
Domain of a language abroad.
Up to nine months.
Title of degree. University, or, more courses of some complex technical or Social.
Domain of a language abroad and knowledge of another.
Up to eighteen months.
Degree college degree more master of vocational training.
Domain of 2 languages foreigners.
Up to three years.
Entitled of degree College, more Master or doctorate.
_ More than three years.
Indicate with an X in each concept the level necessary for the since.
(Initiative / autonomy: autonomy: to) in what sometimes decides by its features?
(b) in what sometimes decide according to standards fixed?
(c) in what occasions consultation to your boss?
Difficulties: Complexity of work: special skills: environmental conditions: difficulty: complexity of job: special skills: environmental conditions: responsibility: responsibility for function or result (liability for faults or errors which may occur in the performance of the function).
Responsibility for relations internal or external (with other personal of the company or external to it).
Command: name of the since top to which occupies of which depends on hierarchically.
Denomination of the since it occupies.
Positions or units subordinate.
N. º of persons: No. of people: No. of people: tasks that coordinates: