Having regard to the text of the Fourth Collective State Work Convention for Real Estate Management and Mediation Companies, Convention Code No. 99014585012004, which was signed dated June 1, 2011, by the Association Business Real Estate Management (AEGI) representing companies in the sector, and from another by the trade union organizations COMFIA-CC.OO and the State Federation of UGT Services (FeS-UGT) on behalf of the workers of the same, and of pursuant to Article 90 (2) and (3) of the Law on the Statute of the Workers, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Work General Address resolves:

First.

Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, November 23, 2011. -Director General of Labor, Raul Riesco Roche.

IV COLLECTIVE STATE LABOR AGREEMENT FOR PROPERTY MANAGEMENT AND MEDIATION COMPANIES

Reason exposure

This collective agreement is the result of the need for homogeneous and autonomous regulation of a sector, that of real estate brokerage.

The activity in the real estate mediation sector, as defined in the first article of this convention, can be developed by means of various modes of action ranging from employees dependent on a natural or legal person up to the self-employed professionals who carry out their activity on their own account in a partnership with companies that provide them clients as well as all types of services or benefits, including use licences of a brand.

All the operators described above are consistently given in the real estate industry and can even be simultaneously collaborating in a single business organization, which has established with each legal relationships of various kinds, labor, commercial, commercial or service leasing.

A very significant part of these real estate operators are employees with a common employment relationship and organizational dependence on the company, to which this agreement is addressed.

On the other hand, all independent intermediaries, commercial agents, agents defined in Law 12/1992 and, in general, those commercial with high in the Tax of Economic activities and included in the Special Regime that act as dependent workers referred to in Royal Decree 1438/1985 of 1 August.

These self-employed persons are therefore excluded from the scope of this agreement, even though certain isolated or joint notes which are characteristic are met in their relationship with the main undertaking. In the case of property mediation, such as the non-assumption of the risk and sale of the real estate operations in which they are involved, the provision of the service at or from the premises of the main undertaking, the use of a certain mark in the sublicensing regime or the use of its external signs, the ownership of the undertakings or even voluntary attachment to some business instructions or schedules.

CHAPTER I

General provisions

Article 1. Functional and territorial scope.

This collective agreement regulates the minimum working conditions in companies that are primarily engaged in real estate mediation.

This collective agreement, on the basis of the various forms of action in the real estate sector, regulates the minimum working conditions applicable to employed persons from the undertakings engaged in primarily to property management and mediation.

For these purposes, it is understood by activity of property mediation that it consists in carrying out or carrying out a paid activity in order to put in relation to two or more future contractors interested in the realization of a particular property operation, promoting or facilitating its approach and, where appropriate, the conclusion of the contract.

The territorial scope of this agreement covers the entire Spanish state for companies located in the same and workers included in their functional and personal scope.

Article 2. Personal scope.

This Convention shall apply to workers of the undertakings referred to in Article 1, with the exception of:

(a) Those who have the status of a delegated or administrative adviser to those undertakings which are in the form of a corporate legal form, or equivalent charge in other forms of legal personification.

(b) Staff with a special high management employment relationship contracted under Royal Decree 1382/1985 of 1 August.

c) Those who provide services under the name of representatives, mediators, agents, or any other, with a special employment relationship regulated by Royal Decree 1438/1985 of 1 August.

d) The staff of other companies providing outsourced services.

e) Commercial companies that perform their activities as self-employed persons, discharged in the Tax of Economic Activities and in the Special Regime of Autonomous Social Security Workers, who maintain with the a service delivery relationship, even if they perform their activities at or from the premises of the company and exclusively for the same and the company provides them with clients, services, license to use trademarks, etc.

f) License or sublicense holders, and franchise holders or sub-franchises.

Workers with a common employment relationship may also be excluded from the agreement to those entrusted with command, coordination or supervision of a higher level than an office, with the agreement of the company and the company concerned, for as long as they develop such trusted functions. The termination of liability in respect of any liability which does not result in the definitive termination of the employment relationship shall mean the automatic inclusion of the worker in the field of application of the agreement in the working conditions and remuneration in force at that time for the category that the worker held when he was excluded, computing the time he was out of agreement for the purposes of seniority in the company, of years of service and all the effects.

Article 3. Temporal scope: Vigency and duration.

This Convention shall enter into force on the day of its signature regardless of the date on which it is published in the Official Gazette of the State. However, their economic conditions shall have effect from the first of January 2011 and shall end on 31 December 2012.

Article 4. Extension and Reporting.

This agreement shall be automatically extended for annual periods, if it is not reported in writing during the two months preceding the date of its completion by any of the signatory parties to communicate. the complaint to the other representations and to the labour authority.

If the complaint is not made in the time and form provided for in the preceding paragraph and the automatic annual extension has been produced, all the salary concepts will be increased according to the inflation predicted by the Government for the exercise to extend the convention.

Once the agreed duration is concluded until a new agreement is negotiated, the normative content of this agreement will remain in force, which will be repealed in its entirety.

Article 5. Negotiating Commission.

The Negotiating Commission of the new Convention shall be formally constituted within one month of the date on which it is denounced.

Article 6. Ranking of standards and reserve of materials.

The rules contained in this agreement will govern the relations between the companies within their scope and their employees, with a preferential and minimum character.

The following matters shall not be subject to negotiation in areas lower than that of this Convention:

-Test Periods.

-Hiring modes.

-Professional groups.

-Disciplinary regime.

-Minimum standards for occupational safety and health.

-Geographic mobility.

-Wage structure, salary tables and salary revision.

-Maximum annual day.

Article 7. Absorption and compensation.

The set of covenants contained in this Convention supersedes, in full, the conditions, both economic and labour, existing at the date of its entry into force in any of the undertakings concerned, covered and compensated by the new conventional regulation irrespective of their origin, character, nature, denomination and value, with the exception of the "ad personam" guarantees provided for in Article 9.

Article 8. Binding to the entire.

The conditions agreed upon in this agreement form an organic and indivisible whole and, for the purposes of their practical application, will be considered globally.

Article 9. Most beneficial conditions: Guarantees "ad personam".

On a strictly personal basis, personal situations shall be respected which, together and on an annual basis, exceed the conditions laid down in this Convention, also considered as a whole and in annual computation.

To the staff who, at the entry into force of the present agreement, will be receiving, in global annual computation, remuneration higher than those agreed upon will be applied to the salary tables of this agreement. The resulting annual difference, except where applicable, the plus, supplement or any other denomination giving back the age and the difference between the basic salary of the agreement of origin and that established by this convention, which shall be treated in accordance with the following paragraphs, divided by twelve shall be included in the ordinary notes as a non-absorbable or compensable or revalorizable "Personal Guarantee Complement".

To workers who, at the date of entry into force of this Convention, have received a plus supplement or any other denomination which gives back the seniority, the amount shall be maintained for them, as for that salary concept They should be perceived, differentiated in the sheets of receipt of salary with the name "Old ad personam", being the same not compensable or absorbable and revalorizable in the future only in the same percentage that the salary is revalued base on the salary tables of this convention.

The add-in called "Antiquity ad personam" is compatible with the "Plus bind" regulated by this convention that will begin to become due from the date of its entry into force.

Similarly, the difference between the base salary of the agreement of origin and the base salary of this annual global reckoning will be a differentiated personal complement in the salary sheets under the name "S B". ad personam ", being the same as not compensable or absorbable and revalorizable in the future in the same percentage that the base salary is revalued in the salary tables of this convention.

In any case the annual global remuneration of each worker included in the scope of this agreement for 2011, resulting from the adequacy of the salary sheets to the salary structure of this agreement included, where appropriate, the "Antiquities ad personam", "SB ad personam" and "Complemento personal guarantee" supplements may not exceed the annual global calculation fee that the worker would have received in his/her home convention including the undertaking, where the undertaking is higher than the annual global remuneration for which it would be receive the worker for the strict application of this Convention.

CHAPTER II

Organization of work, trial period, cessation, and functional mobility

Article 10. Organization of the job.

The practical organization of work, with the limitations established by the laws, is the exclusive faculty of management, without prejudice to the duty of information towards the unitary representation of workers.

Article 11. Revenue: trial period.

Personal income whatever the contractual mode used shall be deemed to be subject to a trial period which may not exceed the following periods:

-Staff hired to perform managerial, technical, graduate, and medium and commercial functions: 6 months.

-Staff Rest: 1 month.

The probationary period shall be written in writing in the employment contract and during the course of the contract the parties may terminate the contract without obligation of notice or indemnification.

Article 12. Ceses.

Staff who voluntarily cease to communicate this in writing to the address, with minimum notice of:

-Group I workforce: 1 month.

-Staff Rest: 15 days.

In the event of a total or partial default of the notice, the company shall be entitled to compensation equivalent to the wages corresponding to the duration of the missed period which may be deducted from the liquidation of the parties. Proportional and salary outstanding.

It will be an objective cause of extinction of the commercial contract of the commercial, for ineptitude over-coming, the non-completion of any real estate operation in a period of ninety consecutive days, except that the circumstances (a) the market would be justified by the fact that the real estate market is experiencing an adverse situation when, during the same period of 90 days, the volume of transactions entered into by the office in which the commercial concerned is provided decreased relative to the average of the concerted operations during the same period of the previous year in homogeneous terms of comparison, that is to say without taking into account the concerted operations by the same. They shall not count for the determination of the period without results the days of legal strike, the situations of temporary incapacity, maternity, licenses, the provision of the credit union schedule and holidays, which will interrupt the computation of the same.

Companies that want to use this mode of extinction of the work contract for objective reasons must inform the legal representation of the workers, prior to the effective date of their decision, on the reasons for the same, the reference period and the volumes of concerted operations during the same period and the comparison period.

Article 13. Functional mobility.

The management of the company is entitled to agree on changes in the workplace that are accurate without other limitations than those arising from the academic or professional qualifications required for the exercise of the functions and membership of the professional group, in any case the functional mobility will have the limitations established by the art. 39 of the Staff Regulations.

When the modification of functions is of a substantial nature, it must comply with the provisions of Article 41 of the Workers ' Statute.

CHAPTER III

Professional classification

Article 14. Professional classification. General criteria.

The staff of the real estate mediation companies are classified into professional groups in the interest of the functions that are developed and in accordance with the definitions set out in the following articles.

The professional structure that is defined aims to achieve a rational and efficient organization of human resources.

Article 15. Professional groups.

Staff within the scope of this convention are classified in the following professional groups:

-Group I: Technician.

-Group II: Administrative, Trades and Service Auxiliary.

-Group III: Commercial.

-Group IV Heritage Managers.

Classification will be carried out by application of the assessment factors and by the most representative basic tasks and functions developed by the workers.

When functional multipurpose is agreed or the performance of functions of two or more professional groups or of two or more categories within the same group is agreed, the assimilation to one or another group or to one or another category perform based on the functions that are prevalent.

Article 16. Determinants of professional groups.

The factors that determine the classification in each of the professional groups are as follows:

a) Autonomy: It value the degree of hierarchical dependency in the performance of the functions or tasks that are developed.

b) Initiative: Value the level of job retention to guidelines and rules for the execution of the function that is developed.

c) Responsibility: Value the degree of influence on the results of the function developed.

d) Knowledge: Value the basic training required to be able to properly develop the function entrusted.

e) Complexity: Values the degree of integration of the aforementioned set of factors for the execution of the job's own functions.

Article 17. Characteristics of the professional groups.

Group I. Technicians: It corresponds to those jobs that integrate functions that require adequate technical knowledge to manage processes, with a high level of professional autonomy, initiative and responsibility and are controlled on the basis of objectives and results. They require a university degree of medium or higher grade or higher degree or proven training in relation to the job.

Group II. Administrative, Trades and Service Auxiliary: It is composed of those posts for the execution of basic administrative functions or maintenance of facilities and logistic support, which are carried out under instructions precise or by application of regulated procedures. The minimum training required for such posts is that of a school graduate or equivalent, or a proven training in the job.

In addition, the auxiliary or junior staff with a minimum basic training equivalent to the certificate of schooling is also part of this professional group. It is understood by those jobs that perform basic operations to support the business of the company according to direct and concrete instructions or under objective and standardized working methods.

Group III. Commercial: Personnel dedicated mainly to the tasks of attracting clients and promoting real estate and/or financial operations that also carries out the administrative activities preceding and consequent to the actual commercial activity. The commercial performs its functions with autonomy and initiative under the company's dependence and subject to the instructions of the company which establishes its working day and working hours within the limits of this convention, and can also (a) to be able to use the same function in the control, supervision or coordination of equipment.

Group IV. Property Manager/Estate Manager: Personal property management of clients who, in addition, performs administrative activities related to such management.

Jobs, with their respective levels, are included in the different professional groups as follows:

Levels

Administrative Officer/Secretary/or Comer. 1.

X

X

Services:

	Level
Group I. Technician
Grade Titled	I
Titled Media	II
Group II. Administrative, Administrative, and Services Auxiliary
Administrative:
		III
IV
Second	V
Secretariat/or Commercial 2. ª	VIII
Officer	VI
	VI
Receptionist/Telefonista
	IX
Cleaners
IX
IX	IX	IX	IX
III. Commercial *
Chief Commercial/Delegate Office	VII
Commercial/Capers/Visitors	XI
Trading
IV. Heritage Manager
Manager	III
/or Management 2.	IV	IV	IV	Centro_table_body"> VIII

Article 18.

During the duration of the agreement, a technical commission of a joint nature will be constituted by those with the legitimacy granted by Art. 87 TRET, and which will have as exclusive competence the study and development of the the functional content of the posts and the modification, if appropriate, of the Professional Categories to be considered by agreement of the Negotiating Committee of the Convention, which shall be referred to the Authority by 31 December 2011 competent work for subsequent publication.

CHAPTER IV

Professional Promotion

Article 19. Administrative professional promotion.

The administrative staff, from the date of entry into force of this agreement, will automatically promote the group's higher categories for six years in the original group: the administrative assistant with Six whole years of effective delivery of services will amount to officer of second and the second officer with six whole years of effective delivery of services in the category will ascend to first officer.

The commercial secretariats of the second and the second-tier management secretariats, respectively, at the age of 12 years of effective service provision, to the commercial secretariats of the first or the secretariats of the management of the first.

The start of the six-year computation for the first professional promotion will be the date of entry into force of the first agreement (January 1, 2003).

CHAPTER V

Remuneration

Article 20. General principle: Non-discrimination in remuneration on grounds of sex.

Companies will pay equal pay, pay, or extranalarial benefits for the provision of equal value work, without any discrimination based on sex.

Article 21. Salary structure: Remuneration.

The remuneration scheme of this Convention is structured as follows:

a) Base salary.

b) Plus Polivalency.

c) Extraordinary Grafications.

d) Plus bind.

e) Complement of responsibility, command, or monitoring.

f) Commissions.

g) Plus Sundays and holidays.

h) Diets and mileage.

i) Help for daycare.

Article 22. Base salary.

The salaries for each of the professional groups are those reflected in the salary tables set out in Annex I to this Convention.

Article 23. Commissions.

The remuneration of the commercial will consist of a commission calculated by the application of a percentage, agreed in the individual contract of employment, on the fees that the company receives from the operations of real estate and/or financial intermediation, in whose promotion and conclusion the worker has intervened directly and personally, which may not be lower in both cases to five per cent (5%) of the net fees received by the undertaking deducted the VAT and, where applicable, those expenses and supplies charged to the customer (records fees, travel expenses, etc.). Such fees shall be payable at the time the mediation is consumed, or, where appropriate, the credit operation and the undertaking has received its fees and may be settled until quarterly. If a commercial intervenes in both types of intermediation-real estate and financial-it will only receive five percent (5%), not the same as the same.

However, the commercial will be guaranteed the receipt of the monthly salary that consists of the salary tables, which will have the consideration of minimum, or if applicable, in the contract of employment, including the prorateo of pagas extraordinary, where the commissions do not reach this amount. If the amount of the commissions is equal to or greater than that of the salary guaranteed by the company, it will be absorbed and compensated by those. The commissions will not absorb the plus of linkage that, if any, the commercial will be perceiving.

Article 24. Extraordinary rewards.

All workers, with the exception of commercial workers whose remuneration is exclusively constituted by commissions on transactions in which they have intervened on a guaranteed minimum wage, will receive two Special bonuses to be paid in the months of June and December of each year, consisting of a monthly basis for the basic salary, plus of the link, plus of the multipurpose, and, where applicable, "Antiquities ad personam" and /o "SB ad personam". The remuneration for full days set out in Annexes I, II and VI to this Convention includes the twelve ordinary monthly payments plus the two extraordinary pages of June and December.

Extraordinary rewards may be prorateable in the twelve ordinary monthly allowances, subject to the legal representation of the employees.

Extraordinary bonuses will be payable semi-annually, from 1 January to 30 June the summer pay and from 1 July to 31 December the Christmas pay, and in proportion to the time actually worked.

Article 25. Plus bind.

For every three years of service delivery, the worker shall receive a personal connection in the amount set out in Annex VI to this Convention, with a maximum of six trienes, when he takes up the day agreed in Article 39. Part-time workers shall receive the plus of the link in the appropriate proportion.

Article 26. Plus de Polivalencia.

Employees of Group II Administrative Subgroup, with the exception of the Chief Administrative Officer, shall receive a plus of annual polyvalence in the amount set out in Annex II. This plus gives back the possible performance of other categories of the sub-group, given that the special features of the sector, in which most of the work centres are composed of the Very small staff, with a full use of multi-purpose functions.

Part-time workers will receive the plus of polyvalence in the proportion that corresponds.

Article 27. Plus holidays.

For each hour the staff of Group II work on a Sunday or weekly holiday, in addition to the ordinary salary, regardless of the compensation in time of rest that may correspond, the worker will receive a plus consisting of 50% of the ordinary hour price, for which the calculation shall take into account the Base Salary, the Plus of Vinculation and the Plus of Polivalency that the worker receives.

The amounts that are collected for this concept will be collected in the salary sheet under the "Plus Festivals" concept.

Article 28. Additional responsibility.

It is a functional or non-consolidated job complement, intended to give back the particular conditions of those trusted jobs whose functional content involves performing tasks of responsibility, command, supervision or coordination.

This supplement shall be collected as long as the function of responsibility, command, supervision or coordination is performed, and shall be discontinued when, for any reason, the exercise of such functions is terminated.

The amount of this supplement, for the complete days, is the one set out in Annex IV.

In the case of commercial persons who receive this supplement and their basic remuneration system continues to be the commission, the supplement to the liability shall become part of the minimum guaranteed remuneration, absorbable by the commissions if the amount of these exceeds the sum of the guaranteed salary and the plus of liability.

Article 29. Diets and mileage.

Workers who are required to move, in the interests of the company, to localities other than that in which they radiating their work centre, will receive, in respect of compensation for the use of a particular vehicle and following quantities:

-Compensation for particular vehicle use: 0.20 €/ Km.

-Diets:

-With overnight stays: € 55.47 /day.

-No overnight: 27.74 €/day.

Commercial, in the usual exercise of their activity, within the territorial area of influence of the office to which they are attached, which for the purposes of this Article may not exceed a radius of sixty km, or, where appropriate, of the locality in which the Office radiating, is excluded from the collection of such allowances and allowances, as the commissions they receive or, where appropriate, the salary guaranteed by the undertaking shall pay the costs of the such nature as the same inherent in the exercise of their activity.

However, if, by express order of the Company, they should leave the territorial scope, they will be entitled to their receipt.

Article 30. Childcare assistance.

In order to promote the employment integration of the workers, the companies will pay for each child less than 3 years the amount of 600 euros per year, prorated in twelve monthly payments of 50 euros each. The requirements for accessing the collection of such help are as follows:

a) An age at the company of at least six months.

(b) Not to have the contract suspended for any of the reasons set out in the Workers ' Statute.

c) Documentary Justification of the expense incurred by this concept through the corresponding certification or receipt of the nursery.

In case both parents work in the same company, only one of them will receive help, to their option. And both must meet all the requirements set out above.

In the event that the worker has a part-time working day or a reduction in his/her usual day for keeping the child, he/she will receive the aid in proportion.

Article 31. Form and day of payment of the salary.

The cash salary payment will be made in the workplace for monthly periods. It may also be made by means of a registered cheque or bank transfer, in which case the cheque will be delivered or the transfer will be made on the usual date of payment, which shall be the last day of each month unless agreed against.

Already paid in cash, by any means set out in the previous paragraph, the employer will be obliged to deliver the corresponding salary receipt to the worker.

The worker will be entitled, if requested, to sign the receipt of wages in the presence of a member of the business committee or a staff delegate. In the event that the company does not have employees ' representation bodies, the worker may request that the signing of the salary receipt be made in the presence of a worker.

Article 32. Wage revision clause.

1. The salaries of this agreement for 2011 are increased by 1.5% compared to the 2010 salary tables, in annual computation.

2. As a salary guarantee clause for the year 2011, it is established that, in the event that the annual CPI recorded by the I.N.E. will reach 31-12-2011 an increase of more than 2%, a revision of the wage table will be carried out on the excess over the 2%, with exclusive effects from the first day of the month in which the annual CPI exceeds repeated 2%.

To carry out such a review, the 2011 salary tables, once updated according to point 1, will be taken as a reference.

The wage revision that proceeds will be paid, if any, in a single payment, after publication in the Official Gazette of the State of the salary tables that the Joint Committee provided for in the art. 9 of this Convention, which will meet before 1 February 2012 to draw up and agree on its submission to the Directorate-General for Work for publication in the Official Gazette of the State, which will also be used for this purpose. provided in the following section of this article.

3. For the year 2012, wages will be increased by 2% to the wage tables in force at 31 December 2011, however such remuneration will be reviewable at the end of the year if the resulting CPI exceeds 2%. 1. applying the difference between the two indices-real and applied-all with retroactive economic effect as at 1 January 2012.

CHAPTER VI

Hiring

Article 33. Indefinite hiring.

To fulfill the commitment of the companies to promote the employment stability of the workers included in the personal scope of this agreement, the usual hiring modality in the sector to cover the Structural requirements for staff in each of the companies will be the indefinite contract, either full time or part time.

Article 34. Contract by specific work or service.

Companies will be able to use this hiring mode when they intervene, on behalf of the promoters, in mediation, of real estate promotions that are made up of more than four units or departments (urbanizations, tourist complexes, polygons, urban development units, buildings divided into horizontal property, buildings of houses or offices for rent, apartments under multiproperty, etc. ..). The contract must specify as closely as possible the object of the work or service for which the contract is to be made. In general, the contract of employment shall be for a single promotion, irrespective of its duration, and shall end at the end of the contract. If several workers are employed, their cessation may take place in a gradual manner as the number of units put up for sale or rent goes down and makes the initial number of contract workers unnecessary, in any case the reduction of these shall be carried out in proportion to the reduction of the said units.

Article 35. Eventual contracts due to market circumstances or accumulation of tasks.

The maximum duration of these contracts will be twelve months in a period of eighteen consecutive months.

The increase by 20% (20%) of the order notes made to the company in relation to the monthly average of the order notes made in the annual year immediately preceding the time it occurs such an increase shall be sufficient to justify the use of this mode of temporary recruitment.

The maximum duration of this mode of hiring for the cause set out in the preceding paragraph shall be twelve months in a reference period of eighteen, counted from the time the cause occurs (the increase of the order notes), after which the eventual contract must be converted into a fixed contract.

Article 36. Time limits for the succession of fixed-term contracts.

(a) Subjective contracts: workers who are employed for a period of more than 24 months, within a period of 30 months, shall be converted into a fixed term for the same job, by two or more contracts, with or without a continuity solution, either directly by the company or through a temporary work company.

(b) Target contracts for contracts: When hiring to cover the same job is carried out with different workers, for a period of more than 30 months, over a period of 36 months, with or without a solution of continuity, directly by the company or by an ETT, the last employee of the hiring chain shall become fixed, provided that its temporary contract has a duration of three months or more.

In both cases of contract chaining-subjective and objective-contracts of interinity, training and relief are excluded.

The contract chaining limitation provided for in this article will not have retroactive effect. The first contract to be taken into consideration in both cases, for the purposes of calculating the number of contracts, the period and the time limit, shall be that in force for the entry into force of Royal Decree Law 5/2006 of 9 June for the improvement of growth and of employment, that is to say on 15 June 2006, or, where appropriate, the first to be held from that date.

Article 37. Compliance with the reservation fee in favour of disabled workers.

Companies in the sector will comply with the legal mandate that forces those of more than fifty workers to hire 2 percent of disabled workers, unless they opt for any of the alternative measures. compliance with that reserve quota provided for in the legislation in force.

Article 38. Information on contracts and subcontracts.

Companies that share the same working centre with contractors and subcontractors, of their own activity, will have a Book Register available for the legal representation of workers and sections union that reflects the following information:

a) Identification of the contractor or subcontractor.

b) The object and duration of the contract or subcontract.

c) Number of workers of the contractor or subcontractor occupied in the job center.

d) Planned measures for coordination between enterprises in the field of occupational risk prevention.

Article 39. Contracts for training purposes.

This article includes training contracts as well as professional non-employment practices, training in unemployed and scholarship job centers, and any similar modality.

For these purposes, companies must ensure:

-Existence of a tutorial process, performed by a trained person to facilitate the process of learning in the job. They will be defined among other aspects duration, contents, place, schedule, monitoring system, etc., to be adopted in each case.

-Establishment of grants or grants to cover the costs incurred in this process of training in the company for persons who do not have an associated remuneration for that training period (transport costs, allowances, material, etc.)

-To inform the union representation of this type of hiring and situations, before they occur, so that it can participate actively in the process of monitoring and mentoring that is in a better learning of the person.

-In relation to Royal Decree 1224/2009 of July 17, recognition of professional skills acquired by work experience:

• Establish the linkage of professional practices under this modality, in the framework of approved certificates of professionalism that are related to the activity that is carried out to promote the certification of the practices carried out.

• Facilitate and promote assistance to the processes of recognition of acquired professional experience that are called in the state or regional areas. In this regard, and in order to expand the number of people in these processes, the use of individual training permits will be enhanced as a means of funding for assistance to these processes.

• To certify the time and content of the training practices carried out in relation to the worker's compliance with the requirements set out in Article 11 of Royal Decree 1224/2009, or others to be established in the rules of the different convocation being carried out by the competent administration.

-Companies that make use of this mode of contracts must report annually to the Joint Training Commission, the number and type of contract used.

CHAPTER VII

Overtime, breaks, holidays and overtime

Article 40. Day.

The ordinary day during the term of this agreement, except in those companies that have agreed a lower ordinary day, shall be 1772 hours of effective annual work.

Work on Sundays and public holidays on the official holiday calendar should be compensated for equivalent times of rest, without prejudice to the performance of the annual calendar day and, where appropriate, the remuneration Complementary to this convention.

The day will always be understood as effective work and the working time will compute in such a way that both at the beginning and at the end of the daily working day the worker is in his job.

Annually the work schedule will be prepared by the companies, after hearing the legal representation of the workers, which will be displayed in a visible place in each working center.

Article 41. Irregular distribution of the day.

Companies, taking into account the seasonality of the mediation activity or other circumstances of the real estate market, will be able to establish in their work schedules an irregular distribution of the day throughout the year that it must in any event respect the minimum daily and weekly rest periods provided for in the Staff Regulations, as well as excluding from the seasonal periods of increased activity the enjoyment of the holidays.

In the event of irregular distribution of the day the weekly working day, including overtime, may not exceed 48 hours on average for four months, in accordance with the provisions of European Directive 93/104 on Time-to-work order.

The day of the day in the periods of maximum commercial activity in the area in which the company develops its activity may exceed nine hours, respecting in any case the rest of twelve hours between days.

The establishment of an irregular working day must be preceded by a period of consultation with the legal representation of workers of a duration of not less than 15 days, during which the parties must negotiate in good faith and with a view to reaching an agreement. After such a period of consultations without agreement, the parties may, by common agreement, submit their differences to the Joint Committee of the Convention for the purpose of exercising a mediating function. If the mediation of the Joint Commission concludes without agreement, the court or the extra-judicial arbitration procedure provided for in Article 62 shall be issued for the settlement of the dispute.

In any case, the introduction of an irregular day in the centres that do not have it established must be considered as a substantial modification of the working conditions and be subject to the provisions of the article. 41 of the Staff Regulations.

Article 42. Holidays.

All staff shall be entitled to a period of paid leave of 31 calendar days which may be enjoyed preferably between the months of June and September, inclusive except for reasons of The activity of the property market in the area should be enjoyed outside of that period.

Workers have the right to know the dates of their vacation two months in advance at the beginning of their enjoyment.

By common agreement between the company and the worker the holidays may be split in two or more periods that in no case will be less than seven calendar days, being guaranteed in any case that at least one third of the Holiday period should be enjoyed between the 1st of June and the last day of September.

Holidays will not begin on Sunday, public holiday or on their eve, unless expressed by the interested party.

If a worker causes low IT due to accident at work or occupational disease or unscheduled hospitalization, he or she will be entitled to have the company set within the same calendar year, a new holiday period if the IT situation would have occurred prior to the enjoyment of the scheduled ones. If the calendar year is completed, the worker will continue in the IT situation, he will lose the right to the holiday break without being entitled to compensation or any economic compensation.

When the holiday period fixed in the company's holiday calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the contract (a) the right to enjoy the holiday on a date other than that of the temporary incapacity or to the enjoyment of the permit which, for such reasons, corresponds to it, at the end of the period of suspension, even if the calendar year is over.

In these cases, the dates of enjoyment of the pending holidays will be fixed by mutual agreement between the company and the worker or worker concerned.

The workers will also enjoy two days of free disposition every year, which will not be cumulable to the holidays nor can they be enjoyed on the bridges, except for a pact against them. Undertakings may exclude periods of maximum activity for the enjoyment of days of free movement.

You will also enjoy one more day of paid leave that will coincide with the day of December 24 or 31. The election of this day of release will be agreed between the worker and the company.

Article 43. Commercial holiday pay.

During the holiday period, the commercial will have the right to collect the salary guaranteed by the agreement and the plus of the bond, and in addition it will earn a percentage, which will not be less than 25 percent, of the (a) the Commission may, in the event of a period of validity, have been terminated by the Member State in which it has not interrupted its activities for the enjoyment of its holidays; same.

Article 44. Overtime.

They will have the consideration of overtime that exceeds the maximum duration of the ordinary day.

The computation and credit of overtime worked will be performed bimonthly.

Preferably such overtime shall be offset by equivalent time off paid. In the event that the undertaking opts for the remuneration of the overtime paid, it shall be paid by reason of the amounts raised in Annex V.

CHAPTER VIII

Permissions and Exceeds

Article 45. Permissions.

Workers, upon notice and with justification, may be absent from work, entitled to remuneration, for any of the reasons and for the following time:

a) In case of marriage it is 15 calendar days, which may be cumulative to the holiday period. In addition to this permit, the stable partnerships of a couple which are constituted, as from the signing of this agreement, shall be entitled to this permit in accordance with the autonomous laws governing such situations.

(b) Two calendar days in the case of child birth, adoption or family or pre-adoption, which shall be extended to four natural days, when the worker needs to move out of the province in which he or she is (x) your usual job centre.

(c) Pregnant workers shall be entitled to leave for the time necessary for the carrying out of prenatal examinations and birth preparation techniques to be carried out within their working time.

(d) Two calendar days, expandable to four, when the worker needs to move out of the province, by death, illness or serious accident or hospitalization, of the spouse or person associated with the same affective or family relationship to the second degree of consanguinity or affinity.

e) Two days per usual home move. If the transfer of domicile is outside the municipality where the worker resides, the paid leave shall be three days.

f) For the time indispensable for the fulfilment of an inexcusable public and personal duty.

g) To the permits needed to attend exams, as well as a preference to choose work shift if this is the regime established in the company, when curse regularly studies to obtain an academic degree or professional.

h) By the provision of the monthly hours credit attributed to legal workers ' representatives for the exercise of their representation functions.

i) Workers with disabled children shall be entitled to paid leave to attend regular coordination meetings for psychopedagogical purposes with the centre of special education or early care, where receive treatment for the child or daughter, or to accompany it if it is to receive additional support in the health field to be performed within its working time.

Article 46. Unpaid leave.

Workers may enjoy an unpaid leave of up to one month on an annual basis, for:

1. The care of a child under 8 years of age or of an ascending person, living with the worker, does not carry out any paid activity and suffers from a severe degree of dependency, in the event that such children or relatives suffer from an acute illness severe or hospitalization.

2. Submit to assisted reproduction techniques.

3. The move abroad to carry out the formalities of an international adoption.

Article 47. Forced leave to care for child and family care.

Workers shall be entitled to a period of leave of absence for the care of each child, either by nature or by adoption, or in the case of a permanent and pre-adoption, to be counted from the the date of birth, or where appropriate, of the judicial or administrative decision. In the case of international adoption, the right was born at the time of the embassy notification. The excess referred to in this paragraph constitutes an individual right of the male or female workers. However, if two or more employees of the same undertaking generate that right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. Where a new deceased person is entitled to a new period of leave of absence, the start of the period shall end to the one where he is enjoying himself.

The duration of this type of excess may reach the following maximum periods:

a. A maximum period of twelve months from the end of the maternal discharge. During this time, the worker, even if he is in a situation of leave, will be able to take advantage of the training programs established in the company, as if he were in active.

b. A period of not more than three years from the date of birth or adoption of the child.

They shall also be entitled to a period of leave of absence which may not exceed two years for workers to care for the care of a family member up to the second degree of consanguinity or affinity for reasons of age, accident or the disease cannot be used by themselves and do not carry out any paid activity. When a new family member who is entitled to a new period of leave of absence starts the same period he will end the one who is enjoying himself.

The excess regulated in this article must always be requested in writing, at least 15 days in advance, in respect of the start date. The company must also reply in writing within the following five days.

Article 48. Voluntary leave-outs.

Workers with at least one year's age in the company may apply for voluntary leave for a period of no less than four months and no longer than five years, not for the duration of this situation. effect.

In cases where there is a request for a period of leave of absence below the ceiling, the excess may be extended at the will of the worker with a notice of 30 days before the end of the final term of the surplus. initially granted, or, in the case of its successive extensions, for annual periods up to that limit.

Excess shall be deemed to have always been granted without the right to receive any remuneration from the undertaking as long as it lasts and may not be used to carry out self-employed or other activities, which may be considered as competition. disloyal, except express and written permission.

If the worker does not apply for re-entry or extension before the termination of his or her excess will cause the company to be permanently low. Upon request, re-entry shall be conditional upon the vacancy of the company, in its category.

The worker with a recognised voluntary leave must cover a new period of at least four years of effective service in the enterprise before being eligible for other leave of the same nature.

Article 49. Forced leave by exercise of trade union functions.

Workers who perform trade union functions, at local or higher level, may apply to the company for their transfer to a situation of leave of absence, for the duration of the exercise of their representative office, with a job reserve, be incorporated into the undertaking within 30 calendar days of the termination of his or her duties, with a notice of at least 15 days ' notice of the date of reinstatement.

Article 50. Breaks and day reductions.

Workers, who are breastfeeding for a child under nine months, will be entitled to an hour of absence from work on schedule to be chosen by them and which may be divided into two fractions, one at the beginning and one at the end of the day. This permit may be enjoyed by either the mother or the father in case both work and must be communicated to the company in writing.

According to the literal wording of the first paragraph of Article 37.6 of the Staff Regulations The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time, as provided for in paragraphs 4 and 5 of this Article, shall be the responsibility of the worker within his/her ordinary day. The worker must provide the employer with 15 days in advance of the date on which he/she will return to his/her ordinary day. "

The woman, by her will, may substitute this right for a reduction of her working day in half an hour for the same purpose, or, with alternative character, to replace, at the will of the worker, for a paid leave of 15 days After the maternity break, prewarning for at least 15 calendar days. In the case of multiple births, rest shall be extended proportionally to the number of children.

These permits may be enjoyed either by the mother or by the parent in case both work and must be communicated to the company in writing.

In the cases of birth of premature children or who, for any reason, have to continue to be hospitalized after the birth, the father or mother has the right to be absent from work for one hour a day. Likewise, they will have the right to reduce their working hours to a maximum of two hours, with the proportional reduction of the salary. If the two parents work in the same company only one of them can exercise these rights.

Who, for reasons of legal guardian, has a direct care of any less than eight years or a person with disabilities, physical, mental or sensory, who does not carry out a paid activity, shall be entitled to a reduction of the day, with the proportional decrease of the salary between, an eighth and a maximum of half of the duration of that.

The same right is recognized for those who have a family member of up to a second degree of consanguinity or affinity who do not carry out any activity and who, by reason of age, accident or illness, are unable to avail themselves. by itself.

The time-frame and the determination of the period of enjoyment of the nursing permit and the reduction of the time to take care of a child or a relative of those provided for in this article corresponds to the worker within their ordinary day.

Article 51. Intensive working time for persons with children under 8 years of age, disability, serious illness (own or spouse or family member up to 2. degree of consanguinity or affinity) or care of dependent persons and having a age of at least three years in the company.

As a measure of reconciliation to adapt personal and/or family life and the promotion of co-responsibility in the care of children and/or family members, anyone working with a working day may request to work on schedule continued, being granted by the company whenever the needs of the service are saved.

The duration of the day by which you opt may not be lower in daily computation than that set out in the collective agreement that applies to you.

In the event that both parents are employees of the same company, the concession can be made only for one of the two, at their choice.

CHAPTER IX

Disciplinary regime

Article 52. Principles of ordination.

The present disciplinary rules seek to maintain labour discipline, a fundamental aspect for the normal coexistence, technical management and organization of the company, as well as for the guarantee and defense of the legitimate rights and interests of workers and employers.

Faults, as long as they constitute a contractual breach at fault of the worker, may be sanctioned by the Management of the Company in accordance with the graduation set out in this Chapter.

All misconduct committed by the workers will be classified as mild, severe, or very severe.

The lack, whatever their qualification, will require motivated written communication from the company to the worker.

The imposition of penalties for very serious misconduct will be notified to the legal representatives of the workers, if any.

Article 53. Graduation from fouls.

1. They shall be considered as minor faults:

a) Unjustified impuntuality at the entry or exit of the job up to three times in one month for a total time less than twenty minutes and greater than ten.

b) Unjustified inattendance at work of one or two days during the one month period.

(c) Non-communication prior to the prior due date of the inattendance at work for justified reasons, unless the impossibility of the notification is established.

(d) Abandonment of the job without cause for short periods of time, provided that this has not meant disattention to clients in which case it may be qualified, according to the severity, as serious or very serious severe.

e) Disattention and lack of correction in dealing with clients and the general public when they do not seriously damage the image of the company.

(f) Neglect in the preservation of the material which is in charge or is responsible and which produces slight deterioration of the material.

g) The poor execution of the work entrusted to the company provided that it does not result in serious injury to the company.

2. Serious faults shall be considered:

a) Unjustified impuntuality at the entry or exit of the job up to three times in one month for a total time of up to sixty minutes.

b) Unjustified inattendance at work of three or four days during the one month period.

c) The unjustified delay in the communication to the company, the malicious omission and the distortion of the data that has an impact on Social Security or Finance.

(d) The simulation of disease or accident, without prejudice to the provisions of the law of number 3.

e) The impersonation of another worker, altering the records and input and output controls to the job.

(f) Disobedience to work orders and instructions, including those relating to safety and occupational health rules, as well as negligence or negligence at work, unless they result in serious harm to the workplace. company, cause damage to the facilities, machinery and, in general, property of the company or risk of accident for the persons, in which case they will be considered as very serious faults.

g) The lack of communication to the company of the defects or anomalies observed in the useful or vehicles in charge, where serious injury to the company has been caused.

h) The completion without the appropriate permission of particular works during the day as well as the use of useful, tools, machinery, vehicles and, in general, goods of the company for which it is not authorized or for uses other than those of the job entrusted, even outside the working day.

i) The breach or violation of must-reserve secrets that does not cause serious injury to the company.

j) The lack of grooming and personal cleansing that may affect the delivery of the service and provided that, in advance, the company's timely warning has been mediated.

k) The poor performance of the jobs entrusted, provided that this is caused by serious injury to the company.

l) The decrease in normal performance on the job in a non-repeated manner.

m) Offences of proffered or work words committed against clients or co-workers.

n) The recidivism in the commission of five minor faults, even if it is of different nature and provided that it has mediated sanction other than the verbal admonition, within a trimester.

o) Abandonment of the job without justified cause that has caused disservice to clients or causes serious injury to the company.

3. They shall be considered to be very serious:

(a) Unjustified impuntuality at the entrance or exit of the job on ten occasions for six months or in twenty for a duly advised year.

b) Unjustified inattendance at work for three consecutive days or five alternate days in a period of one month.

(c) Fraud, disloyalty or breach of trust in the management or appropriation, theft or theft of property owned by the company, colleagues or any other person within the company's premises.

d) The simulation of illness or accident or the prolongation of the sick or accident discharge in order to carry out any work for own or other account.

e) The breach or violation of must-reserve secrets that cause serious injury to the company.

f) Performing activities that involve unfair competition to the company.

g) The voluntary and continuous decrease in the performance of normal or agreed work.

h) Sexual harassment, understanding as such any conduct of a sexual nature or any other behaviour based on sex affecting the dignity of women and men at work, including the conduct of superiors and colleagues, as long as this conduct is unwanted, unreasonable and offensive to the taxable person of the same, or creates an intimidating, hostile or humiliating work environment for the person who is the object of the same; or the refusal to submit a person to this conduct is used as a basis for a decision that has effects on the access of the a person to vocational training and employment, on the continuation of employment, on the salary or any other decision relating to the content of the employment relationship.

i) The non-use of the safety and hygiene protection elements, duly advised.

j) The reoffending or reiteration in the commission of serious misconduct, considering as such a situation in which, prior to the moment of the commission of the fact, the worker would have been punished two or more times for faults serious, still of a different nature, over the period of one year.

(k) Moral or psychological harassment (mobbing) is understood as such the negative behavior between colleagues or between higher and lower hierarchical, because of which the affected is the object of extreme psychological violence systematic and for a long time, whatever the form of expression of the situations of harassment.

l) Abuse of authority.

m) The abandonment of the job that causes a very serious injury to the company.

n) The intentional non-compliance with the company's rules for compliance with the general provisions of a legal nature in the prevention of money laundering.

o) Harassment for reasons of racial or ethnic origin, sex, religion, belief, disability, age or sexual orientation.

Article 54. Penalties.

1. The maximum penalties to be imposed by the commission for the faults listed in the previous article are as follows:

(a) For a minor lack: written assembly and suspension of employment and pay of up to two days.

b) For serious misconduct: Suspension of employment and salary of three to fourteen days.

c) For a very serious lack: Suspension of employment and salary of fourteen to one month, transfer to a different town centre for a period of up to one year and disciplinary dismissal.

2. The unfavourable entries which, as a result of the penalties imposed, may be entered in the personal files shall be cancelled at the time of two, four and eight months ' time, in the case of a minor, serious or very serious severe.

CHAPTER X

Safety and health care

Article 55. Occupational health.

The company and the workers affected by this Convention will comply with the provisions of the current regulations on occupational safety and health and, in particular, those of Law 31/1995 of 8 November on the Prevention of Risks Labor, and its development provisions.

Article 56. Health and Safety Sectoral Commission.

During the duration of this agreement, a Sectoral Safety and Health Commission, with a joint nature, will be established among the signatories of this agreement, consisting of four members of the business representation and four other members. appointed by the trade unions. The meetings of that Commission may be attended, with a voice and without a vote, up to a maximum of two advisors per representation.

The Commission shall draw up its own rules of procedure.

The mission of the Commission will be to ensure compliance with the legal and regulatory regulations on safety and health at work in the sector. As well as the promotion of information and training campaigns, between companies and workers.

It will be the Commission's powers:

a) Conduct studies, analyses and diagnoses of the working conditions and damage to health in the sector.

b) Develop proposals for action to be able to carry out actions to address the deficits and problems identified.

c) Develop specific training plans for workers.

d) Develop and disseminate criteria for risk assessment, prevention planning, health surveillance, information and training systems, and reproductive health prevention.

e) Mediate in companies in the area of safety and health at work at the request of the parties.

f) Represent the sector to the Foundation for the Prevention of Occupational Risks.

Article 57. Maternity protection.

The risk assessment referred to in Article 16 of the LPRL shall comprise the determination of the nature, degree and duration of the exposure of workers in pregnancy or recent birth to agents, procedures or working conditions which may have a negative impact on the health of workers or the unborn child, in any activity likely to present a specific risk. If the results of the assessment reveal a risk to safety and health or a possible impact on the pregnancy or breast-feeding of the workers concerned, the employer shall take the necessary measures to avoid exposure to the worker. risk, by adapting the conditions or working time of the worker concerned. Such measures shall include, where necessary, non-performance of night work or shift work.

When adapting the conditions or working time is not possible or, despite such adaptation, the working conditions could have a negative impact on the health of the pregnant worker or the fetus, and so on. certify the medical services of the INSS or the AT and EP Mutuae, where appropriate, with the favourable report of the doctor of the National Health System who assists the worker, the worker must occupy a different job or function compatible with your state. Companies shall determine, after consultation with the employees ' representatives, the relationship of the risk-free jobs to these effects.

If there is no existing rule, job or compatible function within the working group of the worker, this may be destined for a position not corresponding to its group or category. equivalent, although it shall retain the right to the set of remuneration of its place of origin.

If this change of job is not possible, the transition to the situation of suspension of the contract for risk during pregnancy, as referred to in Article 45.1 (d) of the Staff Regulations, may be declared. Workers, during the period necessary for the protection of their safety or health or that of the foetus, as long as the inability to return to their previous post or to another compatible with their condition persists.

The provisions of the above paragraphs will also apply during the period and lactation, if the working conditions could have a negative impact on the health of the woman or the child, and the doctor of the National Health System that can assist the worker.

CHAPTER XI

Continuous training

Article 58. General principles.

The parties to this collective agreement consider it essential for the improvement of the competitiveness of companies and the employability of workers in the sector to promote initiatives that promote professionalization and permanent improvement of training in the Sector of Real Estate Management and Mediation oriented to:

a) Promote the personal and professional development of workers in the sector through the development, improvement and updating of their professional skills.

b) Contribute to economic efficiency by improving the competitiveness of companies and the quality of service delivery.

c) Contribute to continuing vocational training to foster the development and innovation of property management and mediation activities.

d) Adapting to changes motivated by processes of technological innovation, regulatory changes, economic situation, etc.

The training policy in the property management and mediation sector will accommodate the following criteria:

(a) Profession and development of workers, meeting their needs for vocational training within firms.

b) Full universalization of the formative action, which will be projected to the staff at all levels.

c) The impulse of vocational training as the responsibility of the social partners in the understanding that it interests both the company and the worker, and that it cannot be done outside its protagonists.

d) Mutual understanding of the dual dimension of vocational training as a right and duty.

e) Connection between the design of training actions and the needs of professional qualifications.

f) Valuation as a strategic factor for the competitiveness of companies and as a variable conditioning structure to a high degree of any growth strategy.

Article 59. Training time.

Workers will be required to develop all continuing vocational training actions that are precise for their role to be properly developed, attending to monographic or generic courses, seminars on specific functions, etc., that are necessary and performed during their working day.

The minimum training time for each worker will be 20 hours within the annual calendar of the day set out in this convention. Companies are obliged to ensure that they are directly or indirectly provided with training courses of interest for the professional performance entrusted to them or that they can be entrusted with, as well as their projection in professional development.

These hours may be accumulated over a period of up to two years in those cases where, for organizational or functional needs, they are not used annually.

All without prejudice to the application of Article 23 of the workers ' statute which we literally transcribe:

" The worker shall be entitled: to the enjoyment of the permits necessary to attend examinations, as well as to a preference to choose work shift, if such is the regime established in the company, when curse regularly studies to obtain an academic or professional degree. The adaptation of the ordinary working day for the attendance of vocational training courses or the granting of the appropriate training or professional training leave with the reserve of the job. "

Article 60. Funding.

The financing of training actions will be made preferably from the vocational training fees paid out sectorially, managed through the Tripartite Foundation for Training in Employment or the Similar institution or institutions which may be established with similar economic and objective envelopes.

This is why, as a priority for the property management and mediation sector, the promotion and dissemination among companies and workers of the use of bonuses and permits is established as a priority. individual training. Particular emphasis will be placed on those groups with a lower level of qualification, with this criterion being a priority in the granting of individual training permits for workers and workers on request.

At the enterprise level, the application of these resources can be established based on their needs and characteristics.

In order to carry out as many functions as are necessary for the promotion and dissemination of training in the sector, participation in the joint training committee, study collaboration and/or sector research, etc., establishes the figure of the sectoral training delegate by trade union organisation which is a signatory to this Convention. The number of workers in this figure shall be entitled to paid work permits, in their respective undertakings, to be determined by the signatory parties to the agreement and in the light of the tasks entrusted to them.

Article 61. Community Joint Committee on Property Management and Mediation.

The Joint Committee on Property Management and Mediation in the field of this agreement is renewed, composed of two representatives from FeS-UGT, two from the COMFIA CCOO and four from AEGI. Based on current regulations, their main functions will be:

1. Demand training: Training actions in individual companies and training permits.

Intervene in mediation in the alleged discrepancies referred to in Article 15.5 of the R.D. 395/2007. With regard to this role, and in order to adapt the generality of the norm to the reality of the field of Management and Real Estate Mediation, it will be agreed within this commission the quality of the information that the companies of the field must to provide union representation with the aim of minimising the discrepancies arising from the interpretation of Article 15.1 of Royal Decree 395/2007 of 23 March 2007, which regulates the vocational training subsystem for the employment.

Know the professional training for the employment that takes place in their respective areas.

Learn about the cluster of companies in the Real Estate Management and Mediation sector.

2. Offering Training: Training plans aimed primarily at busy workers in the Real Estate Management and Mediation Sector.

Set the guiding criteria and general priorities of the sectoral training offer.

Know professional training for employment. to be carried out in their respective areas.

3. Participate in and collaborate in activities, studies or research of a sectoral nature and make proposals in relation to the National System of Qualifications and Vocational Training and the National Focal Points for the sector Property Management and Mediation.

Participate in the stages of carrying out the projects of complementary actions and accompanying the training, providing the beneficiary entities with information on the different sectoral sources and institutional.

Participate and collaborate in activities, studies or research of a sectoral nature.

Make proposals in relation to the National System of Qualifications and Vocational Training.

Make proposals in relation to the National Reference Centers.

Propose the implementation of support actions and support for training in the respective sectorial areas.

4. Preparation of the annual report on training.

5. Participate in the dissemination of the training system for employment among companies and workers in the Real Estate Management and Mediation sector.

6. Other activities in the framework of the Subsystem of Training for Employment which provides for the development regulations of RD 395/2007, of 23 March.

Promote and collaborate in evaluating the impact of training in the industry.

In the same way, other activities deemed necessary and derived from the normative development of the Subsystem of Training for Employment may be considered on a proposal from the Joint Commissions.

In addition to the legal or regulatory functions established, this sectoral joint committee will carry out others, among which the following are highlighted:

Support, as many initiatives as are appropriate with regard to ongoing studies and projects, or which may be supported by the competent educational or labour authorities, which affect the professional qualification, training or qualifications with the property management and mediation sector.

Mediate the discrepancies in the sector that have occurred in relation to the application of Article 23 of the workers ' statute, which regulates the right of workers to the enjoyment of the necessary permits to (a) to be tested, as well as a preference to choose a working shift, if such is the system established in the company, where studies are carried out regularly to obtain an academic or professional degree; as well as to the adaptation of the working day (a) ordinary work for the attendance of vocational training courses or the granting of the permit appropriate training or further training with a job reserve.

Track and control the procurement performed in the sector with a regulated purpose in this agreement.

To request the competent administration to call on the processes of recognition of professional skills acquired by work experience related to the occupations of the sector, as established in the Royal Decree 1224/2009 of 17 July, recognition of professional skills acquired by work experience.

CHAPTER XII

Conflict solution

Article 62. Accession to the ASEC.

The parties to this Convention agree to accede, for any contentious questions that may arise as a result of the application or interpretation of this Agreement to the Agreement on Extracts of Conflict of Conflicts (ASEC).

Those conflicts that have the exclusive scope of an Autonomous Community shall be subject to the institutions created for that purpose in that Community.

CHAPTER XIII

Trade union rights

Article 63. Trade union sections.

The Trade Union Sections are recognized as valid interlocutors and as representative organizations of the interest group of the sector, in order to establish labor relations based on respect and to facilitate the resolution of how many conflicts and problems arise from social dynamics.

In companies with a workforce of more than 150 employees, whatever the class of their contract, they will be able to form company trade union sections and appoint company union delegates. The trade union sections may at least appoint a trade union delegate irrespective of whether they have a presence or not in the unit representative bodies of the undertaking. These union delegates will have the same rights, guarantees and competences as the Organic Law on Freedom of Association and other normative provisions recognize those that could be appointed under the legal standard. The formation of the trade union section and the appointment of the union delegate, which in this article is regulated, will be communicated by the union to the company.

Article 64. Accumulation of time credits.

The time credits held by the staff delegates and members of the works councils may be accumulated in one or more members of the unitary legal representation of the workers of the same section. union, up to a maximum of 80 hours a month.

If a staff delegate or member of the business committee is at the same time a union delegate, you will be able to accumulate the trade union hours that would correspond to each of the above mentioned charges.

In any case, it will be ensured that the use of the schedule credit does not neglect the service.

The trade union representatives participating in the Negotiating Commission of this agreement or in any of the sectoral commissions created by el-formation, occupational health, professional classification and surveillance and interpretation. they shall be entitled to the paid leave which is necessary for the attendance of the meetings of the same and the hours used shall not count within the credit of trade union hours at the undertaking.

Article 65. -Trade union use of email

The signatory unions and those who obtain representation in the union elections in the companies and their respective trade union sections will be able to submit news of union interest to their affiliates and trade union sections, as well as the workers and workers of the company through emails.

In companies will be agreed with the different trade union representations, the exercise of the right that is recognized in this article according to its technological level.

The flow of trade union information through email or other technological tools that companies may have must meet the following conditions:

a) Communication cannot disturb the normal business of the company.

(b) Communication shall not prejudice the specific business use of the electronic means of electronic communication.

(c) The use of the business instrument may not cause additional charges for the employer, significantly the assumption of higher costs.

Article 66. Electoral area for the election of the unitary representative bodies of the workers.

In companies which have two or more work centres in the same province, which together more than ten and fewer than fifty workers, provincial staff members may be elected in the following amount: up to 30 workers, one; 31 to 49, three.

If the census of workers in a province is 50 or more, it will be possible to elect a joint enterprise committee at the provincial level with the number of members established by Article 66 of the Workers ' Statute.

CHAPTER XIV

Social Forecast

Article 67. Temporary disability supplement.

During the temporary incapacity for work accident or occupational disease, companies will supplement the economic benefits that the affected workers receive in the Social Security until they reach 100%. for one hundred of his remuneration in ordinary day. This supplement shall be paid from the first day up to the maximum of 18 months after the I.T. situation has been initiated.

During the I.T. processes for common illness or non-work accident involving hospitalization of the suffering, the companies will supplement the economic benefits that the affected workers receive from the Security Social up to 100% of their remuneration in ordinary working hours from the first day of leave to a maximum of eighteen months.

During the I.T. processes for common sickness or non-work accident not provided for in the preceding paragraph, the companies will supplement the economic benefits that the affected workers receive from the Social Security according to the next scale:

-From day one to third, both inclusive, up to 60 percent of your pay.

-From day four to 20th, inclusive, up to 75 percent of your pay.

-From the twenty-first day to a maximum of twelve months from the IT start date, to 100 percent of your pay.

For commercial purposes, the salary to be taken into account is guaranteed in addition to the plus of the link and, where applicable, the supplement of liability.

The addition of the days first to the third, inclusive, by IT arising from common illness or non-work accident that do not require hospitalization, will only be collected for a maximum of twelve days for each calendar year.

Article 68. Early retirement, partial retirement and relief contract.

Current legislation will apply at any time, which regulates early retirement, partial retirement, and relief contract.

Article 69. Forced retirement at age 65.

According to the provisions of Law 14/2005 of July 1, workers, regardless of the professional group to which they belong, will be forced to retire when they are 65 years of age.

The worker will not be forced to retire but credits 100 percent of the retirement pension's regulatory base. Retirement shall be enforced when the worker accredits the said regulatory base.

The forced retirement of a worker, even if the company decides to write down its job, will have to be accompanied by the conversion of a temporary contract to a fixed contract, or a part-time contract in a timely contract. completed, from another worker, within the same calendar year in which it occurs.

The company will report these conversions or contract extensions to the RLT.

If a legislative amendment affecting the mandatory retirement age occurs during the duration of the convention, the new legislation will apply in all that affects it.

CHAPTER XV

Labor rights of victims of gender violence

Article 70. Labour rights of victims of gender-based violence.

Who is in this situation is entitled:

A) The reduction of their working day with a proportional decrease in the salary between, at least one eighth and a maximum of three quarters, of the duration of the one. The time-frame of the reduction shall correspond to the person concerned and in the event of disagreement with the undertaking the discrepancies shall be determined by the procedure laid down in Article 138a of the Labour Procedure Act.

B) To the rearrangement of their working time by adapting their schedule according to what they establish by mutual agreement, in their absence such determination will correspond to the victim.

C) To take up another job of the same professional group or equivalent professional category, in the event that the victim has to leave the job in the locality where he provides his services, when the company has vacancies in other workplaces in other locations. The company has an obligation to communicate existing vacancies at the time it expresses its willingness to exercise the right.

The initial duration of the posting shall be six months during which the person concerned shall retain the right of reservation of the place of work of origin. After the six months, within the maximum period of 15 days, either the return to the previous job or the continuation of the new one with the waiver of his right of reservation shall be taken.

The company must communicate, in good time, the deadline for exercising the right of choice.

(D) A suspension of his employment contract when he is forced to leave his job as a result of being a victim of this kind of violence, for a period of not more than six months, unless the Judge prorogue the suspension, up to a maximum of eighteen months, with reservation of your job.

E) To declare an end to his employment contract when he is forced to leave his job permanently as a consequence of being a victim of this kind of violence. The absence of work, absence or lack of punctuality motivated by the physical or psychological situation resulting from gender-based violence, accredited by the social services of care or by the health services will not be computed as faults of assistance for work absenteeism.

The situation of gender-based violence that gives the right to the birth of these labor rights must be credited through the corresponding judicial order of protection. This situation may exceptionally be credited by means of a report by the Ministry of Public Prosecutor's Office indicating the existence of evidence until the Court has given the said protection order.

It will be sufficient to consider the absence or absence of punctuality of the victim of gender-based violence as justified by an opinion of the social or health services.

CHAPTER XVI

Joint monitoring and interpretation committee

Article 71. Joint committee on surveillance and interpretation.

As a body for the interpretation and monitoring of the Collective Agreement, a Joint Commission is hereby established which, in addition, may exercise conciliation, mediation and arbitration functions in cases where the parties, by mutual agreement, are subject to their consideration.

The commission will also ensure compliance in the sector of measures that are legally established for the promotion of equal opportunities for women and men.

The Commission will also carry out regular evaluations of developments in employment in the sector, on the basis of the information it can obtain from the labour authority or, where appropriate, from companies which voluntarily access provide it.

The Commission will be composed of two representatives from CC.OO., two from UGT and four more appointed by the business representation.

They will be able to act as advisors, with voice but no vote, the people who the parties designate.

The Commission shall elect a President and a Secretary every year from among its members with a voice and vote. Both the Presidency and the Secretariat will be held alternately by trade union and business representation, not being able to simultaneously coincide in the same representation both positions.

The Joint Commission shall meet whenever requested by any of the trade union or business organisations represented therein. The request shall be made in writing and addressed to the President, in which the subject matter to be considered by the Commission shall be clearly and accurately indicated.

What has been dealt with in the Joint Committee will be a record that will be signed by all the participants. The agreements shall be taken by a simple majority of votes, within each of the representations. In order to be able to adopt agreements, a minimum of two members for each representation shall be present at the Commission meeting.

It is expressly delegated to the Joint Commission to adapt the text of this Convention to the provisions of the Organic Law 3/2007 on the effective equality of women and men, and those other provisions legal issues relating to the reconciliation of family and work life may be issued during its term of office.

The address of the Joint Commission, for the purposes of communications, shall be the seat of the AEGI, located at the time of the appointment of 52, 28006 Madrid, without prejudice to the meeting where the parties agree by common accord.

CHAPTER XVII

Equal Opportunities

Article 72. Extension of rights recognized by reason of marriage to stable partnerships of couples.

All the rights recognized in this convention by reason of marriage will be extended to the couples in fact that have recognized that condition according to the applicable legislation in each autonomous community, regardless of their sexual orientation. In those autonomous communities where there is no specific regulation of stable partnerships, such a condition may be credited by a notarial act of demonstrations.

Article 73. Principle of equality and non-discrimination.

Companies in the real estate mediation sector will have to take action in the field of industrial relations on the basis of the principle of equality. No worker in the sector may be discriminated against on grounds of sex, marital status, age, racial or ethnic origin, nationality, social status, religion or belief, union membership or sexual orientation as well as for language.

They may not be discriminated against on the basis of physical, mental or sensory disabilities, provided that they are in a position to perform the duties of the job.

Article 74. Information and outreach, image and language.

In all company communications, as well as public events that organize and in the activities of dissemination, advertising, labeling and print, they will take special care in the use of an egalitarian language and not discriminatory.

Article 75. Equal Opportunity Commission.

For the correct application of the Convention on the content and principles set out below and as provided for in Organic Law 3/2007 of 22 March, the creation of a Commission integrated by the Business and trade union organizations that are signatories to it, for the promotion of Equal Opportunities, laying the foundations for a new culture in the organization of work that promotes effective equality between women and men, and which, in addition, enables the reconciliation of personal, family and work life.

The Commission shall have between its powers those of mediation or, where appropriate, arbitration in those cases in which the parties voluntarily and jointly request their intervention for the solution of their discrepancies that arise directly linked to the regulation of the matter of equality laid down in this Convention.

The first meeting of the IC will be held within thirty days of the signing of this agreement, the regulation will be approved at that meeting, where it will regulate, among other issues, the objectives and procedures for action.

It will meet once every three months, with the parties of one being called to another meeting, and in an extraordinary way when requested by any of the parties with a 10-day notice.

The meetings shall be held in accordance with the matters dealt with, the agreements reached, the documents submitted and the date of the next meeting. In the event of disagreement, the final positions for each party shall be stated in the same.

The different forms of discrimination or inequality to detect, and which will be the main goal of diagnosis, are those that affect:

Equal treatment and opportunities in:

-Access to employment.

-Professional classification.

-Training.

-Promotion.

-Retributions.

-Distribution of the work time.

-Those that can be identified based on the job characteristics.

-Sexual harassment and sexual harassment.

-Pregnancy or maternity discrimination.

The Equality Commission will also be responsible for making proposals that will guarantee the principle of equality and non-discrimination in the company and those actions that will meet the main objective of the commission, that is, effective equality between women and men.

Equality Plans

1. In accordance with the provisions of the Organic Law 3/2007, for the effective equality of women and men, companies on the basis of respect for the principle of equal treatment and opportunities in the field of employment, will have to take action aimed at avoiding any kind of employment discrimination between women and men.

2. Companies of more than 250 employees will have to develop and implement an equal plan which will necessarily have to contain measures concerning the following subjects:

a) Access to employment.

b) Professional classification.

c) Promotion and training.

d) Remuneration.

e) Working time sorting.

In addition, the Equality Plans must contain:

a) Objectives and deadlines to be achieved to eradicate any type of discrimination detected.

b) Actions to be developed to meet the marked objectives.

c) Annual Plan Assessment.

All in accordance with Articles 45 and 46 and 47 of the Equality Act.

3. Such a plan shall be subject to negotiation with trade union representation, in such a way as to be determined in the labour law.

4. Prior to the equality plan, companies will have to make a diagnosis to identify the state of play in the field of equality, taking into account, in particular, those parameters for which information is available. sector, as well as other derivatives of the characteristics of each company, so that it can carry out its own analysis and contrast of the situation in comparison with the sector information available.

5. The situation diagnosis of the company will provide information on the following personnel indices, disaggregated by gender, among others: template, distribution of the template by levels, ups and downs, promotion rate, hours of training, modalities of recruitment by sex, or other indices on which sectoral information is available, or deemed necessary for the best performance of the diagnosis and development of the equality plan.

6. From the legal definition of the equality plan as a "ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving in the company the equality of treatment and opportunities between women and men ...", the Measures to be considered for their assessment in the negotiation of the equality plan in the company will take into account the criteria referred to in Article 17.4 of the Workers ' Statute, with the negotiation of measures to establish positive action in the field of conditions for recruitment, promotion or training, so that in equal conditions of suitability, preference shall be given to persons of the least-represented sex in order to facilitate their access to the group, professional category or job concerned.

Article 76. Protocol for action in situations of sexual harassment, for reasons of sex and moral harassment.

Definitions:

Sexual Harassment: Any verbal or physical behavior of a sexual nature that has the purpose or produces the effect of attacking the dignity of a person, in particular, when creating an intimidating, degrading, offensive, hostile or humiliating.

Harassment by reason of sex: Any behavior performed according to the sex of the person, with the purpose or effect of attacking their dignity and creating an intimidating, degrading, offensive, hostile or humiliating environment.

Moral Harassment: The situation of harassment in the field of the employment relationship in which a person or group of persons behave abusively, in a hostile way, be it verbal, psychological (tend to tempt against their dignity by reasons of racial or ethnic origin, religion or belief, disability, age or sexual orientation), with gestures or otherwise, in relation to another, by attacking their person in a systematic, recurrent and for a long time, with the the purpose of damaging their reputation or communication routes, to disturb the exercise of their duties, causing a psychological or moral injury to the person, in order to cause the person concerned to finally leave the job.

Procedure:

The purpose of this Protocol is to establish a procedure of prevention and action in the event that any worker or worker who detects or considers to be the object of sexual harassment, by reason of sex or morality, may make use of it to ensure that the necessary action is taken to clarify the existence or not of an alleged harassment and to take appropriate action, as appropriate, while at the same time the appropriate procedures are available for, proceed, deal with the problem and avoid a repeat.

Companies will ensure that a suitable environment is achieved at work, free from unwanted behaviors of character or sexual connotation, or from so-called moral harassment, and take appropriate action.

Regardless of the legal actions that may be brought before any administrative or judicial authority, the internal and informal procedure will be initiated with the complaint of harassment before a person of the company address.

The procedure must be agile and quick, it must give credibility and it must protect the confidentiality and dignity of the people affected; to this effect and at the beginning of the same, numerical codes will be assigned to the parties. In addition, it will seek to protect the victim's safety and health sufficient to prevent the continuation of the alleged harassment and to provide for the necessary precautionary measures. taking into account the possible physical and psychological consequences arising from this situation, in particular with regard to the working circumstances surrounding the alleged/or assaulted/or.

The complaint will lead to the immediate opening of the information file by the company, especially aimed at finding out the facts and preventing the continuation of the reported harassment. The company is exempt from the possible liability for violation of fundamental rights.

The proposed situation will be brought to the immediate knowledge of the union representation, if requested by the person concerned.

In the investigations to be carried out, no more formality will be observed than the one to give the hearing to all the interveners, practicing how many actions can be considered conducive to the clarification of the facts. occurred.

During this process-which must be substantiated within a maximum of ten days-all actuants will be kept absolutely confidential and reserved, for directly affecting the privacy and good repute of the people.

The finding of the existence of harassment in the case reported will, among other measures, always lead to the active subject being within the scope of the company's management and organisation to the imposition of a penalty.

Additional disposition first. Principle of conservation of the pacted.

The nullity of any of the clauses declared by the labor authority or jurisdiction will not affect the rest of the content of the collective agreement, committing the parties to negotiate in good faith with a view to achieving a the agreement on that matter, and those which are affected, under the principle that the nullity of some or some clauses does not imply the nullity of the whole convention by incorporating into the convention the agreement that is obtained.

Additional provision second. Human resources policies.

Equal opportunities and non-discrimination on the basis of gender will be present in the human resources policies developed by companies, especially as regards the professional career of their employees.

In particular, none of the provisions contained in this convention, particularly those resulting in reduced working time, may adversely affect workers who are their beneficiaries.

Additional provision third. Provision for non-application of the wage regime or wage neglect.

The wage regime provided for in this Convention may be applied when the economic situation and prospects of any company affected by it may be damaged as a result of such an application, affecting the job retention opportunities in the same.

The request for disservice shall be initiated by the employer, who shall communicate it to the unitary and trade union representation or in his absence, to the committee of designated workers as provided for in Article 41.4 of the Staff Regulations. Workers.

The communication must be made in writing and the following documents shall be included:

• In companies that allege such circumstances, they must submit to the unitary and union representation, the precise documentation (balance sheets, results accounts and, where appropriate, report of auditors or auditors) to justify a differentiated wage treatment. In addition, the presentation of an explanatory memorandum of the economic reasons for the application shall be required, in which the economic and financial situation of the undertaking and the affectation to the maintenance of employment shall be recorded.

• They will also explain the general measures that they have provided for the viability of the company and the maintenance of employment.

• Also, the relevant legal documentation must be attached.

After a period of consultation of 15 days, the representations of the company and the workers shall adopt the appropriate resolution, which shall be communicated to the Joint Committee of this Convention for their constancy.

The implementation agreement must determine with accuracy the remuneration to be paid by the employees of the company, establishing, where appropriate and in consideration of the disappearance of the causes that determined it, a schedule of the progressive convergence towards the recovery of the wage conditions laid down in this Convention, without in any event such a failure to exceed the period of validity of the contract or, at most, the three-year period.

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

Taking into account the causal object of the system of inapplication governed by this Article, the same cannot operate when, with the same consequences for the situation of the Company, the amount of the salary increases the application of Article X of this Convention may be subject to the application of this Convention with the requirements and budgets regulated therein.

Additional provision fourth. Procedure for the substantial modification of working conditions and for non-application of the wage regime.

The substantial modification of the working conditions laid down in this collective agreement may only take place in respect of the matters referred to in points (a), (b), (c), (d), (e) and (f) of Article 41.1 of the Staff Regulations. Workers and for a maximum period not exceeding the duration of this collective agreement.

The discrepancies which may arise during the negotiation of the agreements referred to in Article 41 (6) and Article 82 (3) of the Staff Regulations shall be subject to the Joint Commission for the Interpretation of this Convention, which will mediate and seek solutions to the conflict that arises. In the event of failure to reach an agreement in that area, the SIMA Foundation shall be subject to mediation proceedings.

ANNEX I

Base salary (for full days)

Level IX

Service Auxiliary:

Level XI

			Annual - Euros
Group I. Technician
Level I	Titled higher grade	18.582.42
Level II	Medium Grade	17.343.59
Group II. Administrative, Trades, and Service
	Administrative:
Level III	Chief Administrative Officer	16.104.76
Level IV	Administrative Officer. Secretary/or Commercial 1. ª	14.246.52
Level V	Second Officer	13.014.40
Level VIII	Secretary/or Commercial 2.	11.769.72
Level X	11.149.48
Trades:
Level VI	Officer of Trades	12.388.30
Level VI	12.388.30
Receptionist/Telefonista	11.397.22
Level IX	Trades Auxiliary	11.397.22
	Level IX	Cleaners	11.397.22
Level IX	Peons/Mozos	11.397.22
Level IX	11.397.22
Repartidres propaganda	10.530.34
Group III. Commercial *
Level VII	Chief Commercial/Delegate Office	11.837.90
Level XI	Commercial/Capers/Visitors	10.530.34
Level XI	Financial Trading	10.530, 34
Group IV. Heritage
Level III	Manager	16.104.76
Level IV	Heritage Manager. Secretary/or Management 1.	14.246.73
Level VIII	Secretariat/or Management 2.	11.769.72

* Minimum guaranteed salary.

ANNEX II

Plus multipurpose (for full days)

Group II. Administrative subgroup.

Levels IV, V, VIII, X: € 619.41 (annual EUR 14 pages).

ANNEX III

Plus holidays

Group II.

50% ordinary hour price: Base salary + plus link + plus multipurpose.

ANNEX IV

Plus of responsibility

€ 1,982.71 (€ 14 per year).

ANNEX V

Overtime

VI

XI

	Price - Euros/Time
	I	15.60
	II	14.60
III		14.09
	IV	12.51
V		11.46
	10.43
VII	9.95
VIII	10.43
IX	9.42
X	9.91
	XI		8.87

ANNEX VI

Link Plus: (for full days)

Years worked

Annual Total - Euros
3	313.73
6	619.40
9	929.11
12	1.238.82
		1.548.41
18	1.858.22