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Resolution Of September 26, 2011, Of The General Directorate Of Labour, Which Is Recorded And Published The Ii General Collective Agreement In The Sector Of Groundhandling Services At Airports - Handling-.

Original Language Title: Resolución de 26 de septiembre de 2011, de la Dirección General de Trabajo, por la que se registra y publica el II Convenio colectivo general del sector de servicios de asistencia en tierra en aeropuertos -Handling-.

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Having regard to the text of the Second General Collective Agreement of the Sector for Assistance Services on Earth in Airports-Handling-(Convention Code number 99015595012005), which was signed, dated 2 June 2011, on the one hand, Business organization Association of Land Assistance Services in Airports (ASEATA), representing companies in the sector, and, of the other, by the trade unions CC.OO., UGT and USO, representing the labor collective and in accordance with the provisions of Article 90 (2) and (3) of the Royal Treaty Legislative Decree 1/1995, of 24 March, approving the recast of the Law of the Workers ' Statute and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Work General Address resolves:


Order the registration of the said 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.


Arrange your publication in the "Official State Bulletin".

Madrid, September 26, 2011. -Director General of Labor, Raul Riesco Roche.



General Provisions

Article 1. Signatory parties.

These are parties to the present State Sectoral Convention, of a part the trade unions CC.OO., UGT and USO on behalf of the workers, and, on the other hand, the Association of Companies of Assistance Services in Land in Airports (ASEATA), in business representation.

Both parties mutually acknowledge the legitimacy to negotiate the present Sectoral Convention within the meaning of Article 87 (2) of the Workers ' Statute, by holding the trade unions, and giving occupation of the companies integrated in the Association, to the majority of the workers and workers included within its functional and personal scope.

Article 2. Regulatory nature and general effectiveness.

Given the legitimacy and representativeness of the signatory organizations, this Convention has general rules and effectiveness, as provided for in Title III of the Workers ' Statute, and applies to all companies, entities and workers, present and future, within their functional, personal and territorial areas.

Article 3. Functional scope.

This Convention shall be applicable and enforced for all undertakings, entities and workers in the sector, one of whose activities, even if it is shared with one other or another and is not the principal, consists of the provision of handling services, whether in their own (self-handling) or third parties, whether in their own or third parties, understanding as such the ground handling services at airports to aircraft, passengers and passengers (including passenger and passenger assistance with reduced mobility), goods and mail, as well as the the placement and removal service of gateways connecting the aircraft to the airport terminal.

Consequently, and in all cases, it will be applicable in all companies of the air transport sector (airlines) national and international of passengers and passengers, goods and mail to the workers and workers (a) to carry out ground handling activities at airports to aircraft, passengers and passengers (including assistance to PMR's), goods, mail, and gateway service, even if only on a self-handling basis.

The activities subject to the regulation of this Sector Collective Agreement are those listed in Annex I of RD 1161/1999, with the exception of the following:

• Cleaning assistance and aircraft services.

• Fuel and lubricant assistance.

• Online maintenance assistance.

• stewardship assistance (catering).

The selling of banknotes is also excluded from the scope of this Convention.

However, if the evolution of the handling business determines the need to expand the list of activities or the inclusion of one of the excluded, the Negotiating Commission of this Convention will have full powers. for inclusion or exclusion.

Article 4. Personal scope.

This Convention is a must and a general observance for all undertakings, entities and workers of the activities included in the functional field, except for the management or equivalent personnel who, the organizational structure of the enterprises, is established in the Collective Agreements of lower scope. Similarly, and in all cases, it will apply in all companies of the air transport sector (airlines) national and international of passengers and passengers, goods and mail to the workers and workers who in the same carry out ground handling activities at airports to aircraft, passengers and passengers (including assistance to PMRs), freight, mail, and gateway service, even if only on a self-handling basis.

Article 5. Territorial scope.

This Sectoral Agreement is applicable throughout the territory of the Spanish State, without prejudice to the provisions of Article 1.4 of the Workers ' Statute.

Article 6. Structure of collective bargaining.

1. Structure of collective bargaining. Under this Convention, the structure of collective bargaining within its scope is defined in accordance with the following substantive levels of conventions, each of which has to fulfil a specific function:

a) State Sector Collective Convention of Handling, which regulates general working conditions in all areas of application of the Convention.

(b) Collective agreements of undertakings, which shall develop or regulate matters of a normative and obligational nature in their field, subject to the principles of articulation specified in Articles 7 and next.

In accordance with the provisions of art. 83.2 ET the assumptions of concurrency conflicting between this convention and any other collective agreement or agreement of lower scope will be resolved subject to the rules on minimum standards and articulation and structure of the negotiation collective in lower scopes.

2. With the conventions specified in the previous paragraph, the signatory parties consider the structure of collective bargaining in the Handling sector to be sufficiently covered within the statutory framework.

Article 7. Principles of articulation of Collective Agreements.

In accordance with the provisions of Articles 83.2 and 84 of the Staff Regulations, collective agreements shall be articulated in accordance with the principles of complementarity and most favourable rule, and supletoriage, and entrustment of competence, regulated in the following articles.

Article 8. Principles of supplementation and more favourable rule.

1. As a minimum necessary for the purposes of this Convention, the contents of this Convention may be improved in those at a lower level, except in the case of one of the reserved areas referred to in Article 10.

2. In accordance with the principle of more favourable rule laid down in Article 3.3 of the Staff Regulations, collective agreements at the lower level shall be applied in full when their content is more favourable to workers than workers who are this Convention.

Article 9. Principles of complementarity and supply.

1. In respect of the collective agreements of undertakings, or extra statutory, express or tacit agreements, this Convention shall have the character of a supplementary rule and, where appropriate, supplementary.

2. The undersigned organisations recognise the principle of complementarity of the general collective agreement of the sector in relation to those of a lower level in those areas not covered by those conventions.

3. In any event, the contents of this Convention which are not covered by the lower level of this Convention shall apply and must apply.

Article 10. Principle of attribution of jurisdiction.

This Convention shall be of a exclusive and exclusive rule in matters in which it is expressly established. In any case, they have the consideration of non-negotiable subjects in lower areas:

• Minimum Wage.

• Maximum Day.

• Business Subrogation.

• Structure of Collective Bargaining.

Article 11. Temporary scope and complaint.

The rules contained in this Sector Collective Agreement shall begin to apply from the day following that of their publication in the Official Gazette of the State, and shall remain in force until 31 December 2012, except for those matters in which a different time field is set out in this Convention. They shall be extended from year to year by tacit agreement of the parties.

Any of the signatory parties may denounce this Convention within three months prior to the end of its validity. The Convention shall be denounced and, until such time as it is not replaced, the laws in force shall be in force, and the reserved matters laid down in Article 10 shall be expressly maintained.

Article 12. Application of the best conditions.

Since this Convention regulates the minimum working conditions in the sector, the improvements resulting from it will not apply to those workers who, collectively or individually, have more favourable conditions than those provided for in homogeneous terms and in annual accounts.

Article 13. Binding to the entire.

This convention constitutes an organic and indivisible whole, and the parties are mutually bound to the fulfillment of their totality.

If the competent jurisdiction changes substantially any of the clauses in its current wording, or invalidates any of its covenants or does not approve the entire content, the Negotiating Commission of the same, and in the longer term It shall decide whether the amendment of such a clause requires a review of the reciprocal concessions that the parties have made.

Article 14. Joint Commission.

A Joint Commission of 10 members will be set up to be appointed in half by each of the signatories, trade union and business, in the form that the respective organisations decide and with the functions that will be specify in the following article.

The resolutions of the Joint Commission will, in any case, require the favourable vote of the majority of each of the two parties, in accordance with their own rules. Resolutions interpreting this Convention shall have the same effectiveness as the rule that has been interpreted.

The parties may also be accompanied by advisers or advisers who in each case are determined to be appointed, in equal numbers, by each of the representations, trade unions and business.

Article 15. Functions and functioning of the Joint Committee.

1. The Joint Committee referred to in the previous Article shall have the following


a) Monitoring, monitoring and monitoring compliance with this Convention.

(b) Interpretation of all the provisions of this Convention.

(c) At the request of either party, to mediate and/or to attempt to reconcile, where appropriate, and upon agreement of the parties upon request, to arbitrate on how many occasions and conflicts, all of which are of a collective nature, may be raised in the application of this Convention.

(d) Pretend, prior and compulsory to the administrative and judicial route, in the terms provided for in paragraph 2 of this Article, on the approach of collective conflicts arising from the application and interpretation of this Convention.

(e) to know, prior and compulsory to the communication to the company or companies concerned and to the employment authority, of the calls for strike action that arise through the application and interpretation of the Convention.

f) Understand and decide on the application and execution of the subrogation processes.

(g) In accordance with Article 41 of the Staff Regulations, intervene in the event of discrepancies which may arise within the scope of this Convention in the negotiation processes for the modification of working conditions laid down therein, in accordance with the procedure to be established by the Joint Committee itself in its Rules of Procedure.

(h) Prior to the adoption of an agreement to disregard the conditions laid down in this Convention for any undertaking within its functional scope, the report shall be issued by the latter. peer commission.

i) How many other functions are attributed to you in this Convention.

2. As a procedure, which shall be prior to and necessary for all administrative or judicial action to be taken, the signatory parties to this Convention shall be obliged to inform the Joint Commission of any doubts, discrepancies or collective conflicts of a general nature, which may arise in relation to the interpretation and application of this Collective Agreement, provided that they fall within their jurisdiction in accordance with the provisions of the preceding paragraph, in order to ensure that, by means of their intervention, the problem raised, or if this were not possible, give an opinion to the in respect. Such a procedure shall be deemed to have been completed if the time limit laid down in paragraph 4 of this Article has elapsed, without having issued a judgment or opinion.

3. It is established that the questions of its competence to be promoted before the Joint Committee shall take the form in writing, and its content shall be sufficient to enable it to examine and analyse the problem with the necessary knowledge of the cause, Must have as mandatory content:

a) The succinct and concrete exposure of the subject.

b) Reasons and fundamentals to be understood by the or the proposer.

c) A specific proposal or request to be made to the Commission.

The proposal will be accompanied by a number of documents that are necessary for the best understanding and resolution of the problem.

4. The Commission may, by way of extension, obtain any information or documentation which it considers relevant for a better or more complete knowledge of the case, to which it shall give a period of time to the proposer who may not exceed five working days. The Joint Committee shall, after receipt of the proposal or, where appropriate, complete the relevant information, shall have a period of not more than 30 working days, in order to resolve the issue, or if this is not possible, to issue the appropriate opinion.

Expiry of that period without any resolution or opinion, the competent administrative or jurisdictional route shall be open.

When consultations need to be carried out, the time limit may be extended in the time the Commission itself determines and if there is agreement between the two signatory parties.

5. In the subrogation process, the Commission shall, whenever possible, expedite the processing and shorten the time limits set out in the previous point.

6. To receive information from collective agreements that regulate the general working conditions of a Collective Agreement in the various companies.

7. If, in any of the matters falling within the competence of the Joint Committee and subject to consideration by the Joint Committee, it is not possible to reach an agreement, its submission to arbitration may be agreed.

8. For the purposes of notification and convocation, the address of the Joint Commission shall be fixed by the Business Association.


Professional Classification

Article 16. General criteria.

1. The professional classification has been established mainly on the basis of the criteria laid down in Article 22 of the Staff Regulations for the existence of the professional group, i.e. vocational skills, qualifications and content general of the benefit.

2. Within each Company, according to its own organizational systems, other professional groups, functional areas and levels that are deemed suitable or necessary may exist, depending on their organizational needs and volume of activity.

All workers will be assigned to a professional group and, where appropriate, to a certain functional area and level. These circumstances will define their position in the organizational and remuneration scheme of each Company.

Article 17. Professional Classification.

The professional classification, as follows, is merely indicative and does not presuppose the obligation to have all the professional groups provided, if the organizational needs and the volume of the activity do not require.

Article 18. Professional groups.

Among other labor groups, there are at least the following:

• Manager Technical Staff Group.

• Administrative Staff Group.

• Auxiliary Services Personnel Group.

Article 19. Definition of Professional Group.

The functions which, for each professional group, are described below, are of a purely enunciative nature and, in any case, will be either those established or those established in the Collective Collective Agreements. lower.

1. Technical Staff Group Manager. It is that staff who are in possession of a degree of higher or middle grade or their knowledge, professional experience and skills equivalent to those which can be acquired with higher and middle degrees have assigned functions of management, proxy or high qualification and complexity, coordinator or advisor, with autonomy, supervisory capacity and responsibility in accordance with the assigned tasks.

2. Group of Administrative Personnel. They are those workers who carry out tasks of customer service, office, administrative, accounting, commercial, airport, coordination, billing, boarding, technical programming and flight attendant, sales of passage, sale of tickets, luggage, cargo and mail, reservations, offices and customs documents, handling of the material necessary for the development of its activities, and other similar ones.

You will also perform any concurrent, antecedent, or consequential activity with your group's own.


The variety of the activities entrusted to this collective advises that without prejudice to a set of them common to all, can be defined plots of activity such as:

a) Attention to passage, dispatch of aircraft, cargo and mail.

b) General administration.

Labor Categories.

Two job categories are defined:

• Execution/Monitoring Category-Administrative Agent

• Command Category-Head or Chief Administrative Officer.

a) Administrative Agent. It shall carry out the work of execution inherent in its Group and for reasons of organisation of work, the Directorate shall designate among the administrative and administrative, those who shall additionally carry out supervisory tasks. Such supervision includes the distribution, coordination and control of the work of the group or team of persons assigned to them.

b) Head or Chief Administrative Officer. The administrative and administrative departments with command category, in addition to carrying out the execution/supervision work, and the orders of the superior/a hierarchical/a corresponding and/or in application of the received guidelines, will direct the work assigned or carried out in the field of their competence and/or by studying, coordinating or controlling administrative technical work.

3. Auxiliary Services staff. It is integrated in this collective, the personnel responsible for carrying out tasks, activities, functions and/or to assume responsibilities related to the assistance to certain auxiliary operations, handling of luggage, goods, mail, driving of vehicles, handling of walkways and any mechanical equipment for the performance of the activity, push-back, transfer of passengers and passengers with reduced mobility. Stitch, register, goods, mail, cargo manifests, etc.. supply fluids to the aircraft, vehicles and equipment, entertainment of the unit or units with which it operates, as well as its preservation and maintenance. Remove ice, snow, oils or any other waste in internal and external areas, both from aircraft and from vehicles and equipment, and other similar ones. It shall also carry out any other related, simultaneous, antecedent or consequential activity with the group itself.


The variety of the activities entrusted to this collective advises that without prejudice to the existence of a set of them common to all, you will be able to define plots of activity such as:

a) Airport Services.

b) General Services.

Labor Categories.

Two job categories are defined:

• Execution/Monitoring Category-Auxiliary Services Agent.

• Command-Agent Manager/Auxiliary Services Category

a) Agent of Auxiliary Services, who will carry out the work of execution inherent in his Group and for reasons of organization of the work, the Directorate will designate between the and the Agents of Auxiliary Services, those that Additionally, they will perform monitoring tasks. Such supervision includes the distribution, coordination and control of the work of the group or team of persons assigned to them.

b) Chief Agent of Auxiliary Services is who, in addition to carrying out the execution/supervision work, directs the assigned work in the field of his/her competence and/or will collaborate in the framework of his professional knowledge to the development of activities, coordinating, controlling and, in general, ancillary services functions according to the objectives of the unit to which it belongs.

Article 20. Progression and Promotion.

1. Economic improvement within the same category is understood by progression. The periods of progression and length of stay, as well as the criteria for progression, will be established in the Enterprise Collective Agreements.

2. In those undertakings which do not have their own system of economic progression regulated, through the articulation of remuneration levels or equivalent systems, the system of progression set out below shall apply. Article.

3. For each of the professional categories, three levels of progression are established:

• Level 1 or entry, which will be applicable to all new entry staff.

• Level 2. It will be automatically acquired upon completion of a worker's or worker's stay in the company and previous level.

• Level 3. It shall require a minimum stay of the worker or worker of three years at the preceding level, in accordance with the provisions of the Single Transitional Provision of this Convention, and shall also comply with the following requirements:

• Assessment of positive performance at the time the level change corresponds, provided that the level change is regulated in the company concerned.

• You have passed all courses, tests, and training actions that you would have been called upon during your stay at level 2.

• Strong disciplinary background absence due to a very serious lack of time during stay at level 2.

• To have been in a situation of active and effective delivery of the working time of at least ninety-six percent of the period "years of permanence". For these purposes, paid leave and absences by accident at work or occupational disease, forced leave, maternity and paternity shall be taken as an active service time.

The worker or worker who after the time of stay at level 2 does not comply with each and every one of the accrual conditions laid down in this Collective Agreement, shall initiate a new period of reduced stay of 12 months. The last day of this new period shall comply with each and every one of the accrual conditions laid down in this Collective Agreement for its progression to Level 3. In case of non-progress, the previously agreed upon will apply again.

4. Promotion of access to the category of Command from the Enforcement/Supervision by free designation of the Company through the tests or requirements that are established to the effect.



Article 21. Recruitment.

According to the characteristics of the service provided in the companies of this sector, the contract of employment may be arranged for an indefinite period or for a given duration, both for part-time and in time complete, in any of the modalities contained in the labor legislation in force at any time according to the causality in the legally established assumptions.

The union and business representations that are signatories to this Convention understand the need to continue to deepen the regulation of procurement within the sector, adapting it to the reality of the activity, and The aim is to contribute to the competitiveness of enterprises and to the improvement of employment through the reduction of temporality and the rotation in it.

Article 22. Hiring modalities.

Partial time contracts may be concluded, inter alia, by circumstances of production and interinity in the terms shown below:

1. Fixed-term contracts.

1.a) Eventuals due to circumstances of production. In accordance with Article 15.1.b of the Staff Regulations, as amended by L 12/2001 of 10 July 2001, the maximum duration of any contract may be due to the circumstances of the production, accumulation of tasks or excess of orders, may be up to twelve months worked within a period of eighteen months.

In the event that the contract has been concluded for a duration less than the maximum set, it may be extended by agreement of the parties, for one time, without the total duration of the contract being exceeded by that maximum duration.

1.b) Inter-national provisions of Article 15 (1) (c) of the Staff Regulations and RD 2720/98.

2. Part-time contract.

When the Company needs to hire workers to provide services for a number of hours per day, a week, a month or a year lower than the full-time working day set out in the Collective Agreement, it may to apply for part-time employment, in the form and conditions laid down in the legislation in force at any time.

The part-time contract may be concluded for an indefinite period of time or for a specified duration in the cases in which it is legally permitted to be used.

To the assumptions of discontinuous works that are repeated on certain dates and are designed to carry out fixed and periodic works within the normal volume of activity of the company, the regulation of the contract will apply to them part-time, held for an indefinite period.

The indefinite fixed/as-discontinue/as contract will be arranged to perform work that has the character of discontinuous fixings and is not repeated on certain dates, within the normal volume of activity of the company.

When using the contractual mode of discontinuous fixed, the order and form of call with objective and non-discriminatory criteria will be established in each company.

The indefinite partial-time contract will be governed by the following rules:

a) The day and other working conditions will be determined according to the needs to be covered. The ordinary working day is fixed between 50% and 90% of the average, in annual computation, of the effective day of application in each company, established for a worker or full-time worker. In any case the day will be referred to the initial indefinite hires and will not be applicable to the discontinuous fixed contracts.

Exceptionally, when in the field of a given undertaking or working centre the concurrency of causes which prevent the occurrence of the minimum working time limit laid down in each case for the individual cases is objectively established. (a) the Commission may agree, within the same, and with subsequent sanction by the Joint Committee, that it shall not temporarily limit the limit laid down in the conventional regulation of that undertaking.

The daily day can be performed in one or two time periods. As a result, workers whose daily working day has a duration equal to or greater than 5 hours may be introduced, with a compulsory nature, in two working hours, with a minimum duration of two hours and one working day. any interruption which may not be less than 1 hour, and not more than 5 hours. The distribution of the time periods will be based on the needs of the service.

It is usually not possible to hire casual workers to cover the interruption between these periods.

b) In the event of changes in the scheduling of flights of air carriers, or increase or reduction thereof, and/or depending on the workload, the company may vary the day and the time established by making use of the agreement of complementary hours subscribed by the worker or the worker, with a notice of one week, adapting it to the needs of the service to cover. If unforeseen needs are given in the flight schedules that prevent the deadline of one week from being met, the company may also vary the day and/or the schedule, prewarning the worker or worker and informing prior to such needs for the representation of workers.

The company will also be able to vary the day and the schedule established in the contract of work of mutual agreement with the worker or the worker, adapting it to the needs of the service to cover. In the event of a voluntary non-acceptance by the worker or worker, the company may vary the day and the timetable set out in its contract of employment as laid down in the regulations in force.

c) In addition to the hours performed by the worker or worker in ordinary working hours, the possibility of carrying out additional hours is agreed. The number of additional hours may not exceed 60% of the ordinary hours contracted.

d) Given the nature of the Complementary Hours and the difficulty of determining their execution a priori, these will be carried out according to the needs of the companies according to the workload.

e) The day and hours that will be extended over the same time will not be subject to the procedures of full-time workers ' shift scheduling.

Article 23. Job bag.

A "Employment Exchange" shall be established in each Company, which shall include among others those workers who have provided services for the same, for a minimum period of six months and have obtained an assessment positive (apt) in the total length of stay in it.

In each of the Companies the conditions and/or requirements of the said Stock Exchange will be determined



Article 24. Wage system.

The whole of the economic perceptions of workers, in money or in kind, by the professional provision of the employment services, will be considered as pay, as they pay back the work. cash, whatever the form of remuneration, or the periods of rest that can be used as work.

They will not have the consideration of salaries the amounts received by the worker or the worker in respect of the compensation or the expenses incurred as a result of their work, the benefits and Social security allowances and allowances for transfers, suspensions or redundancies.

A) Wage Perceptions: They will have the salary condition the following economic perceptions:

1. Base salary: This part of the remuneration that is fixed exclusively for the unit of time.

2. Salary supplements: These are the amounts that, if any, are to be added to the base salary, taking into account different circumstances of the unit of time and may be:

• Personal.

• Job position.

• Quantity or quality of work (activity or attendance pluses and overtime).

• The amounts that companies pay freely and voluntarily to their workers.

• Those agreed in the Collective Agreements that are of a listed character to the Social Security.

3. Of a maturity of more than one month: Extraordinary payments.

a) Non-wage perceptions:

1. The benefits and benefits of Social Security.

2. Compensation or compensation for expenditure incurred by the worker or the worker as a result of his or her work.

3. Severance payments, displacements, suspensions or dismissals.

Article 25. Structure of economic perceptions.

The lower-level Conventions will establish within their respective scope the structure of economic perceptions, based on the following concepts:

• Base salary.

• Extraordinary graphics.

• Wage Pluses, which include all add-ons that are agreed upon in each Convention and which constitute direct consideration of the work and not compensation of expenses incurred for attending the work.

• Extrasalarial plusses, where they are considered to include how many concepts are agreed upon in character compensation of expenses incurred to the worker or the worker for the provision of their work.

Article 26. Annual gross fixed minimum perception.

The minimum annual gross fixed collection for each of the working groups defined in Art. 18 is the one shown in the salary table in force in 2009, which is included as Annex I to this Convention.

This perception is the one for a full-time worker or worker who effectively performs the totality of their ordinary working day.

For the year 2010, this perception, once applied the increase of the CPI of 3 percent, has been applied retroactively since January 1, 2010. The salary table for that year is annexed as Annex II.

For the years 2011 and 2012, on 1 January each year, the economic perceptions will be updated, increasing them by one percent, on account of the actual CPI of each year. Once it has been known and if it is higher than that percentage increase, a revision of the amounts for the adjustment of the difference between the percentage paid to account and the actual CPI, with retroactive character, would be carried out. on 1 January each year. The provisional salary table for the year 2011 is annexed as Annex III.

Workers affected and affected by a lower-level Collective Agreement will be paid in the form and conditions set out in their respective Conventions. For the purposes set out in this Article, account shall be taken of all the economic concepts fixed by the workers and employees of each undertaking, excluding the remuneration concepts of a variable nature.

Article 27. Periodic maturity salary supplements higher than month.

There are two extraordinary bonuses that will be paid, in the months of July and December. The accrual of these payments shall be half-yearly; from January to June and from July to December, respectively, of the same year of the credit.

Staff entered during the course of the year or who will cease during the year will receive the amount corresponding to this concept by prorating the time effectively worked during the year.

Notwithstanding the foregoing, workers subject to and subject to the Colectivo Colectivo de ambit inferior shall receive the extraordinary benefits agreed upon, in the amount and in the terms laid down in those agreements. conventions.

Article 28. Variable remuneration.

In accordance with Articles 7, 8, 9, 10 and 12 of this Convention, in those lower-level trading units that consider and regulate in their respective collective agreement their own structure of variable remuneration, it will be of preferential and exclusive application on which it is set out below.

In other companies, and with effect from 1 January 2011, the following variable wage supplements shall be paid at least:

1. Plus de nocturidad. This plus is established for each working hour between the 22 hours and 6 hours, with its minimum amount of € 1.15, plus the price of the ordinary hour.

2. Extraordinary hour. Each hour carried out above the ordinary working day, in accordance with the provisions of Article 36 of this Convention, shall give rise to a minimum remuneration of EUR 3,51, unless it is compensated for by rest, in terms of points out Article 36.

3. Time of payment, in the definition of hours of stay, the definition of Article 36 of this Convention shall be defined, and, with the exception of its compensation with rest on the terms specified therein, the amount of EUR 5,01 shall be paid at least: time worked.

4. In addition, workers who provide services on a public holiday (except on Sundays) will receive a minimum amount of € 2.03 additional to the ordinary hour price for each effective time worked in public holidays.

5. On Sunday, the workers who provide services on Sunday will receive a minimum amount of 2 € per hour in addition to the price of the ordinary working hour on Sunday. The receipt of this supplement shall in no case be cumulative with the festive supplement.

6. Plus day fractious workers who provide their services on a split-day basis shall receive, for each working day in that scheme, a minimum amount of EUR 7,14.

Article 29. Salary payment.

All perceptions, except those of a periodic maturity of more than one month, shall be paid on a monthly basis, for periods due and in the month following that of their accrual, for variable concepts, unless another system is established in the the lower scope conventions.

Companies are entitled to pay back pay by cheque, transfer or other payment method through banking entities.

The salary payment documentation will consist of a salary receipt that contains the worker's or worker's different perceptions, as well as the deductions that are legally or conventionally derived.

Article 30. Economic perceptions of part-time workers.

Minimum gross fixed economic perceptions for workers and part-time workers will be those set out in the corresponding articles in a proportional manner, depending on the time worked.

However, the calculation of the economic perceptions of part-time workers will be done in the form and conditions set out in the lower-level agreements.



Article 31. Time of work.

Given the peculiarity of the functions of the companies affected by this Convention, which requires a permanent activity for the service provided by the Air Companies, the Companies will have full power to set up days, shifts and schedules of staff, always respecting the legal and conventional rules of implementation.

Article 32. Day.

The ordinary working day will have a maximum annual duration of 1752 hours in 2010, 1736 hours, in 2011, and 1724 hours, in the year 2012.

In no case shall the ordinary annual day of the Collective Agreements or Enterprise Agreements be higher than that indicated in the preceding paragraph.

The organization and scheduling of days, shifts, and work schedules will be established in accordance with operational needs.

Working time will be computed in such a way that both at the beginning and at the end of the day the worker or worker is in his/her job.

Article 33. Refreshment.

In all the continuous days, provided that their duration is longer than 6 hours, the workers will have a time of 15 minutes of refreshment that will be computed within the working day, and as time effective work. The duration of this refreshment time shall be 25 minutes for workers who perform at least five hours of their daily working day between 22 hours and 6 hours the following day.

This break will not be applicable for refreshments to the split day, nor when in one day 2 time periods are held (unless one of the periods exceeds 6 hours, in which case it will apply to you in that period).

Article 34. Shift work.

All forms of organization of the teamwork according to which the workers and workers occupy successively the same jobs, according to a certain rhythm, continuous or discontinuous, are considered work for the worker or worker the need to provide their services at different times in a given period of days or weeks.

In companies with continuous production processes during the twenty-four hours of the day, in the organization of the work of the shifts will be taken into account the rotation of the same and that no worker or worker will be in the night more than two consecutive weeks, except voluntary membership.

The company that organizes the work in the company according to a certain rhythm will have to take into account the general principle of adaptation of the work to the person, especially in order to attenuate the monotonous and repetitive work in function of the the type of activity and the safety and health requirements of workers. Such requirements shall be particularly taken into account when determining periods of rest during the working day.

Workers and night workers and those working in shifts must at all times enjoy a level of protection in the field of health and safety adapted to the nature of their work, with compliance with the required in the Workers ' Statute, the Labor Risk Prevention Act and the rest of the Legal Order.

Article 35. Split day.

In the Business Agreements or Agreements, the hourly distribution of the Fracted Day may be established in accordance with the needs of the service.

Article 36. Overtime and peremptory hours.

They will have the consideration of overtime hours that are held on the duration of the ordinary working day. Overtime shall be compensated by payment or rest.

Given the nature of the activity of the handling companies, and understanding that overtime is voluntary acceptance by the worker or worker, the Company may request the performance of such hours exceptional cases where it is exceptionally foreseen that any service may be neglected for any reason. In addition to the overtime hours generated by force majeure, which are compulsory, the same consideration must be given to the obligation of the perentorships, considering as such those arising from the impuntuality of aircraft, in the relay of shifts, unforeseen absences, urgent services or repairs or other circumstances, always exceptional and of a need for care that cannot be met with other personnel.

The overtime and the periods of overtime shall be paid with the amount referred to in Article 28 of this Convention, unless the worker or worker expressly chooses to compensate him or her with rest, which will occur within three months of its completion, prior to agreement with the company for the determination of the date of enjoyment.

Time off compensation, in those companies that do not have it contemplated, will be one hour for each extraordinary hour. In the case of pertory hours, the compensation shall be 1.75 hours (1 hour and 45 minutes of rest) for each hour worked.

For the purposes of your calculation for the legal maximum limit, no account shall be taken of overtime which has been compensated by rest within four months of its completion.


Holidays, permissions, and licenses

Article 37. Holidays.

The paid annual leave period will last for thirty calendar days.

The criteria for holiday enjoyment will be set in each Company. For the establishment of the holiday period, the periods of greatest activity shall be taken into account.

Of the total vacation days the worker or worker may reserve up to 3 days to attend to needs arising from or provided for in the law of reconciliation of family life. The exercise of this right shall be regulated at the lower level. The worker or worker who ceases in the course of the year shall be entitled to receive the proportion of the holiday which he has not enjoyed. If you have enjoyed more time than you do, you will have to compensate the company for the excess, which may be the corresponding discount in the liquidation.

Article 38. Permissions and licenses.

1. The worker or worker, after warning and justification, may be absent from work, entitled to remuneration, for any of the reasons and for the following time:

a) Fifteen calendar days in case of marriage.

(b) Two days in the case of child birth, death, accident or serious illness, hospitalization or surgical intervention without hospitalization requiring the home rest of relatives up to the second degree of consanguinity or affinity. Where, for that reason, the worker or worker needs to move to the effect other than that of the usual residence, the period shall be four days.

c) One day per move of the usual address.

d) One day by reason of marriage of father or mother, sons or daughters and brothers or sisters, extendable to two if it were in different place from the usual residence of the worker or worker, depending on the distance to the place.

(e) up to three days at the latest for the carrying out of examinations or final tests of aptitude for those cases in which the studies of Baccalaureate or Vocational Training are concerned, and in the case of medium-term studies or higher in Faculties or Special Schools or Professionals, as well as from Centres which issue official certifications, provided that the studies concerned have a relationship or application in the Company.

Enjoyed the day or days off, the worker or worker must justify carrying out the examination.

The exercise of the right of paid leave referred to in the foregoing points shall begin immediately in the event of the cause, except in cases of serious illness or hospitalization. In these two cases, the permit may be initiated always within the period in which the serious illness or hospitalization of the family member concerned persists and, of course, for only once within each period in which such a fact occurs.

(f) For the time indispensable, for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of the active suffrage, without prejudice to what is legally determined for these assumptions.

g) To perform trade union or staff representation functions on the terms established legally or conventionally.

h) For the time indispensable for the conduct of prenatal tests and preparation techniques to be performed within the working day.

2. Workers, who are breastfeeding for a child under nine months, will be entitled to an hour of absence from work, which may be divided into two fractions. 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 to accumulate this right in full days, in the terms that are agreed in the collective bargaining or, failing that, by individual agreement with the employer. This permit may be enjoyed by either the mother or the father in case both work.

3. In the case of births of premature infants or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the work for an hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary. For the enjoyment of this permit you will be as provided for in paragraph 5 of this article.

4. Those who, for reasons of legal guardian, have at least eight years of direct care or a person with a physical, mental or sensory disability, who does not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half of the duration of the salary.

It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

The reduction of working hours referred to in this paragraph constitutes an individual right of workers, men or women. However, if two or more workers of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

5. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction of working hours provided for in paragraphs 2, 3 and 4 of this Article shall be the responsibility of the worker or worker within his/her ordinary day. The worker or worker shall be required to notify the undertaking 15 days in advance of the date on which it will return to its ordinary day.

6. In order to make effective their right to protection and comprehensive social assistance, female victims of gender-based violence will be entitled to the reduction of the working day with a proportional reduction in wages or salaries. reordering of your working time, through the establishment of flexible hours or other similar measures, always in the legally established terms and conditions.

7. The right to the reduction of the day of those who are parents, adopters or welcoming or permanent, for the care, during the hospitalization and continued treatment, of the child to their care affected by cancer, or any other serious illness shall be defined by the circumstances, limits and conditions laid down in the third subparagraph of paragraph 5 of Article 37 of the Workers ' Statute and its implementing rules or those other provisions which replace them.

Article 39. Suspension of the contract of maternity and paternity work.

1. -Maternity suspension. In the case of childbirth, adoption and acceptance, the working mother shall be entitled to the suspension of the employment contract referred to in Article 48 of the Staff Regulations, in the terms and conditions laid down in that rule. In such cases, the mother may choose to have the other parent enjoy a certain and uninterrupted part of the rest period, subject to the legally regulated terms.

2. -Parenting suspension. In the case of child birth, adoption or acceptance, the worker shall be entitled to the suspension of the contract, in accordance with the terms laid down in Article 48a of the Staff Regulations. This suspension is independent of the shared enjoyment of the maternity rest periods as set out in the previous paragraph.

The worker exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the adoption or from the administrative or judicial decision of a reception until the end of the suspension of the contract as regulated in Article 48.4 of the Workers ' Statute or immediately after the termination of that suspension.

By collective bargaining at a lower level, or in its absence, an individual agreement with the employer, the time before the worker must communicate the exercise of this right shall be determined.


Prevention of occupational risks and occupational health

Article 40. Principles and general aspects.

The companies required by this Convention consider that the prevention of possible harm to persons, whether workers, suppliers or customers, constitutes such an important and priority objective as any other that can be defined for business management. The basis for such an approach is:

A Self-Prevention Service in cases that are legally enforceable, agreed upon, or jointly, as a consultant, driver and verifier of appropriate policies, criteria and measures.

A clear definition of responsibility along the organizational structure to bring the execution of preventive activity to fruition.

A framework for training and information for appropriate and continuous management and workers.

Compliance with the regulations deriving from the Labor Risk Prevention Act will ensure a correct line of action to be followed by the entire organization.

To respect the channels of participation established by the Law, in a professional and positive environment, both by the Workers 'and Workers' Representatives and by the different levels of Mandos, which must, some and others, contribute to the search for appropriate solutions to the problems that may arise.

Through these commitments, the respective Directorates of the undersigned companies wish to express their great interest and concern for the maximum reduction of accidents and occupational diseases, in the belief that the risks are avoidable through the application of the defined preventive policy. The Representation of Workers and Workers will promote among their represented a positive attitude in the fulfillment of the obligations that emanate from the Law of Prevention of Labor Risks.

Companies undertake to integrate the Prevention of Occupational Risks in all their activities and provisions, both in the technical processes, in the organization of work and in working conditions, and in the the hierarchical nature of these enterprises, assuming the preventive policy at all levels, providing the workers with the necessary preventive measures, adopting collective and individual protection measures, ordering its correct use and monitoring the correct compliance with prevention measures.

The responsibilities for the health and safety conditions at work will correspond to the respective heads, according to and in the terms established by the current legislation and internal rules; the principle of persons belonging to the companies by them engaged in the terms laid down in Article 24 of the Law on the Prevention of Occupational Risks (LPRL), or rules whose enactment is replaced by it.

The scope of application will be for all workers in the companies affected by this Convention, regardless of their mode of contract and within the national territory.

The principles and general aspects identified must be faithful to the allocation of the resources that allow the materialization of these resources.

Article 41. Regulations.

In so many matters as to affect the safety and health of workers, it will be subject to the precepts established by the Law 31/1995 of PRL, of 8 November, and by how many provisions complement and develop the same or those whose enactment replaces them.

As soon as the Spanish State transpose the different Community Directives and, taking into account its mandatory transposition, those that have been transposed into the Spanish legal order, will be taken into account in the Risk Assessment Procedure.

In the risk assessments and studies to be carried out, it shall be as referred to in Article 5 of the Prevention Services Regulation or rules whose enactment is to replace it. It will be sought to compare between several criteria, always applying the most favourable from the point of view of the prevention of occupational risks.

Article 42. Prevention plans.

Prevention plans will be based on the following objectives:

Establishing an effective and integrated preventive policy in all actions that are developed in companies.

Encourage and promote the interest in the prevention of occupational risks through training plans at all levels of the companies, both managers and workers.

Avoid risks, minimize, and proceed with the assessment of those who still persist.

The participation of workers ' representatives will take effect in the form and terms indicated in the LPRL or rules whose enactment is replaced by the LPRL.

Prevention Plans shall be carried out within the meaning of Article 9 of the Prevention Services Regulation or the rule of law of which it is intended to replace it.

Article 43. Prevention delegates and delegates.

The Delegates and Delegates of Prevention are the representatives of workers and workers with specific functions in the field of risk prevention at work. They shall be appointed by and among the representatives of the legal representation of workers in the Enterprise in accordance with the scale laid down in Article 35 of the LPRL, and shall enjoy the guarantees laid down in Article 37 thereof. Law, in the terms provided for in that rule.

Article 44. Prevention services.

The Prevention Services, own or those that contract the Companies, will be governed by the provisions established to the effect by the legislation in force, and will have the means and resources appropriate to the characteristics of the respective companies.

Prevention Services must be in a position to provide the enterprises with the advice and support they need in the light of the types of risk in them and in terms of:

a) The design, implementation and coordination of preventive action plans and programmes.

b) The assessment of risk factors that may affect the safety and health of workers and workers in the terms provided for in Article 16 of the Law.

c) The determination of priorities in the adoption of appropriate preventive measures and the monitoring of their effectiveness.

d) Information and training of workers.

e) The provision of first aid and emergency plans.

f) The health surveillance of workers in relation to the risks arising from work.

The health surveillance and control functions of workers will be performed by health personnel with technical competence, training and accredited capacity according to the current regulations.

In the field of health surveillance, health activities shall, under the conditions laid down in Article 22 of Law 31/1995, cover the prevention of occupational hazards:

1) An assessment of the health of initial workers after incorporation into work or after the assignment of specific tasks with new health risks.

2) An assessment of the health of workers who resume work after a prolonged absence due to health reasons, in order to discover their possible professional origins and recommend an action appropriate to protect workers.

3) A health surveillance at periodic intervals as determined by the protocols that are applicable.

All regardless of the medical examinations that need to be performed prior to the incorporation to the job, to ensure that the psycho-physical conditions of the or the applicant are compatible with the position characteristics.

Health surveillance shall be subject to specific protocols or other existing means with respect to the risk factors to which the worker or worker is exposed.

The Ministry of Health and Consumer Affairs and the Autonomous Communities, heard by the competent scientific societies, and in accordance with the provisions of the General Law on Health in the field of participation of social agents, establish the specific periodicity and content of each case.

In cases where the nature of the risks inherent in the work makes it necessary, the right of workers to the periodic monitoring of their health must be extended beyond the completion of the employment relationship through the National Health System.

The health personnel of the prevention service who, if any, exist in the workplace must provide first aid and emergency care to workers who are victims of accidents or accidents. changes in the workplace.

The health personnel of the preventive service must analyze the results of the health surveillance of the workers and of the risk assessment, with epidemiological criteria and collaborate with the rest of the service components, in order to investigate and analyze the possible relationships between the exposure to the occupational risks and the damages for the health and to propose measures aimed at improving the conditions and environment of job.

Evacuation to external medical centers in case of need.

Companies or Services with which it is contracted shall establish the own, foreign or joint media that ensure compliance with the above functions.

Article 45. Risk assessment.

Risk assessments will be carried out by the respective Prevention Services, in accordance with procedures that have been previously consulted with the representation of workers.

Companies shall carry out a review of the risk assessment initially carried out, provided that the circumstances referred to in Article 6 of the Prevention Services Regulation are given. replace this one.

Article 46. Safety and health committees.

1. The Safety and Health Committees will be set up by Enterprise in those workplaces which have fifty or more workers, and in those working centres which do not have the same number of workers and workers, the powers conferred on them shall be exercised by the delegates or delegates of prevention.

2. The Safety and Health Committees shall be composed of, on the one hand, delegated or delegated prevention, on the one hand, and the other, by the Businessman or Business or their representatives.

The presidents and secretaries or secretaries of the Security and Health Committees shall be appointed directly by the respective Companies. The presidents or presidents shall be persons with a sufficient and adequate qualification, who are identified with a particular sensitivity in the field of prevention.

The Committee on Safety and Health will meet quarterly and whenever I request it by a majority of the representations in it. The Committee shall adopt its own rules of operation.

The competencies of the Safety and Health Committees shall be those conferred upon them by the Law and the following:

(a) Participate in the elaboration, implementation and evaluation of the risk prevention plans and programmes that have or may be of a general nature in the field of each enterprise.

b) Promote initiatives on methods and procedures of a general nature for the effective prevention of risks, proposing the improvement of the conditions or the correction of existing deficiencies.

c) Analyze, as appropriate, the information and/or proposals at the request of the Enterprise Committees.

d) Review that the locker room meets the necessary safety and hygiene requirements under the perspective of occupational risk prevention.

3. In companies that have several work centers with a Committee on Safety and Health, they will be able to agree with their workers to set up an Inter-Centers Committee.

Article 47. Information, consultation and participation.

Companies shall inform in writing through the representatives of the workers of the specific risks affecting the jobs, and of the protective and preventive measures applicable to them. risks and, in general, will be provided for in Chapter V of the LPRL or rules whose enactment is replaced by the LPRL.

Article 48. Training.

Companies are committed to providing preventive training to all workers, and given that training needs in prevention differ from one company to another, they will be determined, initially, as result of the risk assessment that all companies have an obligation to perform.

This is why training in this field will be focused on the job and will be about:

• Potential risks.

• Products that are used.

• Prevention procedures.

• Mechanical protection.

• Individual protective equipment (PPE, s). Their correct choice, use, operation and maintenance.

• Handling loads, work teams, and display screens.

There are two types of training needs in the field of risk prevention: the adequate and adequate theoretical and practical training required by the LPRL, with a general character for all workers and workers for specific persons (Delegates and delegates of prevention, controls ...) and, therefore, the design of the training courses will be directed and appropriate to the risks existing in the job and function, in some cases, and in others it will have normative content and prevention techniques.

Training must be provided, wherever possible, within the working day or, failing that, in other hours but with the discount on that time spent on it. The training may be provided by the Company by means of its own or by concerting it with other services, and its cost shall in no case be borne by the workers.

Article 49. Procedures for the investigation of accidents at work.

A document on the procedure for the investigation of serious accidents at work will be agreed between the Representation of Workers and Workers and the Company.

The Legal Representation of Workers and Workers, on the basis of this document, will receive quarterly information on the accidents that occur in order to better control and monitor them.

Article 50. Protection of maternity.

The companies will take the necessary measures to promote the improvement of safety and health in the work of pregnant workers, who have given birth or breastfeeding according to the forecasts of the Article 26 of Law 31/1995 of 8 November on the Prevention of Occupational Risks.



Article 51. Training in the company.

The worker or worker will be obliged to attend to those training actions promoted or taught by the company within the day in order to obtain a certain specialization or a more extensive professional training. Those made outside the working day shall not be compulsory.

The concrete terms of their realization will be agreed through collective bargaining at the bottom.

Article 52. Regulated academic and professional training.

The worker or worker will be entitled:

(a) In the enjoyment of the necessary permits to attend examinations, as well as a preference to choose work shift, if such is the regime established in the company, when curse regularly studies to obtain a academic or professional qualifications.

(b) The adaptation of the ordinary working day for the attendance of vocational training courses or the granting of the appropriate training or vocational training leave with the reserve of the job.

Article 53. Continuing training.

The organizations that are signatories to this Convention consider Continuing Training as a strategic element that makes it possible to reconcile the greater competitiveness of companies with individual training and development. professional.

After the entry into force of Royal Decree 1046/2003 of 31 August, which regulates the subsystem of continuing vocational training and its further development by the Ministerial Order TAS/550/2004 of 13 February, (a) to provide for the financing of continuing training activities, and until such time as the State Commission for Continuing Training and the State Foundation for Training in Employment are set up, the tasks assigned to them by the The new regulation on the financing of continuing training in enterprises must be understood as Tripartite Commission for Continuing Training and the Tripartite Foundation for Training in Employment, respectively (ANFC).


Social Action

Article 54. Collective insurance.

All companies in the sector will be forced to arrange collective insurance for their workers and workers in active employment with an age of 6 or more months, with cash from the age of three months. the publication in the BOE of this Convention.

As far as the sharing of the contributions between the company and employee or employee is concerned, it will be what is established in each company.

Workers affected and affected by this Convention shall be entitled to receive additional compensation for social security benefits in the event of death or absolute permanent incapacity or great invalidity, arising from an accident at work or occupational disease, the amount of which shall be EUR 24 000. The compensation in the case of total permanent disability resulting from an accident at work or occupational disease shall be € 16,000.

The obligation set forth in this article will not reach those companies that have covered these risks by policies subscribed to with an insurance company provided that they are more beneficial as a whole.

The above amount shall be compensable for any other compensation arising from accident or occupational disease, as well as those which may be established by civil liability.

In the case of death, the compensation shall be paid to those who or the deceased worker or worker has declared a beneficiary, and, failing that, to the heirs or legal heirs.

As to the date of the fixing of effects of the causative event, in any event, the date on which the accident occurred in the event of death or the declaration of invalidity by the relevant body of the Social Security.

Article 55. Loans.

In order to help solve extraordinary economic needs, all companies in the sector will establish a Loan system for all the Company's staff, with at least one year of seniority.

The maximum amounts to be granted, the reason for the grant, interest, repayment term and application procedures shall be established in each Company.


Disciplinary regime

Article 56. Disciplinary authority.

The disciplinary faculty shall be exercised in the manner set out in these Rules. The exercise of this power includes the knowledge and, where appropriate, penalty of the worker or worker's failure to work and contract, in accordance with the assessment of the faults and penalties provided for in them.

Article 57. Sanctioning procedure.

Of any sanction, except for the verbal admonition, the interested or interested person, who must acknowledge receipt or sign the receipt of the communication, shall be transferred in writing, without this being in accordance with the facts.

Workers ' legal representatives will be informed of any sanctions imposed for serious and very serious misconduct.

Article 58. Background.

Companies, for the purposes of recidivism, will keep a record of disciplinary records, which will be cancelled for the mere passage of time without new sanction, according to the following scale:

a) Mild high: 6 months.

b) Severe high: 1 year.

c) Very severe high: 2 years.

Article 59. Minor fouls.

They are minor faults:

1. Occasional drunkenness shown in the workplace or place of supply of services, if this does not result in injury to the Company.

2. Three punctuality faults in the work attendance within one month.

3. Failure to report due lack of work for justified reasons, unless it is not possible to do so.

4. Leaving the job without justified cause, when it does not harm the production process.

5. Neglected in the conservation of tools and materials.

6. Lack of grooming and cleaning in the person or in the uniform and lack of use of the same during work without cause to justify it, or misuse.

7. Do not communicate to the Company with due diligence the changes of domicile, as well as variations in the family situation that may have an impact on Social Security and/or Public Finance.

8. In the event of illness, the worker or worker's omission from making the Company notice on the day of his first failure to work for any procedure, unless it is impossible to do so by himself, or through another person.

9. In general, all mild acts of lightness, carelessness, recklessness or indiscipline.

Article 60. Serious fouls.

Serious faults:

1. Those committed against discipline at work or against respect due to their superiors, companions and companions or subordinates and subordinates.

2. The lack of grooming that produces justified complaints from colleagues and colleagues.

3. More than three punctuality in attendance at the service or job within one month.

4. The first lack of punctuality when serious damages are incurred for the Company, unless it is proven that it is due to cause not attributable to the worker or worker.

5. The lack of up to two days to work in a month, without cause to justify it.

6. The simulation of diseases or accidents.

7. The bankruptcy or violation of secrets or forced reservation without serious harm to the Company.

8. To perform during the day particular jobs.

9. Use for own tools and equipment of the Company, even outside the working day, without authorization.

10. Abandonment of work without justified cause, when it harms the production process.

11. Recklessness in acts of service that involve risk of accident, for themselves or their companions or companions.

12. Failure to comply with safety and hygiene measures, where serious damage to the persons or property of the Company is not derived.

13. Those of inexcusable negligence or carelessness in the service.

14. The disclosure to persons outside the Company of the internal march of the same, providing data for the reason of the position it performs, when the dissemination of this information may cause damage or injury to the Company.

15. The lack of attention and courtesy to the unreiterated public.

16. Do not make the Company reach the low and high parts due to illness, accident and maternity within the five-day period, as well as the confirmation parts of the previous situations within the weekly deadline.

17. The rines, bathrobes or serious discussions and notaries in act of service.

18. Simulate the presence of another worker or worker by changing the shift or work schedule without express authorization from the Company.

19. The recidivism in minor faults, even if they are of different nature.

Article 61. Very serious fouls.

Very serious faults:

1. The lack of three days or more to work in a month, without cause to justify it.

2. Occasional drunkenness three or more times in the job over a period of two months.

3. Simulate the presence of a partner or partner by signing or signing the assistance to the job. This sanction shall be extended to the supplanted or supplanted, unless it proves its non-participation in the event.

4. Carry out work, without authorization from the Company, for another Company whose activity is similar or performs an activity that falls into competition with the Company.

5. The ill-treatment of words and work or the serious lack of respect and consideration of the Chiefs, the companions and the subordinates and/or their relatives.

6. Violate the Company's secrets when it damages the Company.

7. To carry out work of any kind on behalf of or outside the country, being the worker or worker on the basis of sickness, accident or maternity. Any manipulation made to prolong the discharge will also be included within this section.

8. Give rise to squabbles and pendences with your colleagues or colleagues, when this will result in damages for the Company.

9. Disloyalty, fraud or breach of trust.

10. Non-compliance with safety and hygiene measures when serious damage to the persons or property of the Company is caused.

11. Indiscipline, disobedience or inexcusable non-compliance with orders received from the superiors.

12. Lack of attention or courtesy to the public, reiterated and inexcusable.

13. Acceptance of any kind or form in matters related to your employment in the Company.

14. The transgression of good contractual faith as well as the abuse of trust.

15. Sexual harassment or sexual, verbal or physical assaults directed against the dignity or privacy of persons. Harassment by reason of sex.

16. Psychological or moral harassment.

17. Disclosure of any internal data of the Company related to aircraft, fuel, name and number of passengers or passengers, date of flight of the same or any other matter related to the operation, if the facts are damaged or damage to the Company or passengers or passengers.

18. Abuse of authority by the Chiefs or Jefes.

19. The recidivism in serious faults, even if they are of different nature.

Article 62. Penalties.

The penalties to be imposed will be as follows:

A) For minor faults one of the following penalties may be imposed:

1. Verbal admonition.

2. Admonition in writing.

3. Suspension of employment and salary up to 2 days.

B) For serious faults, one of the following penalties may be imposed:

1. Suspension of employment and salary of three to 15 days.

2. Temporary disablement by no longer than two years to move to a higher category or progression to higher levels.

C) For very serious faults one of the following sanctions may be imposed:

1. Suspension of employment and salary from sixteen to sixty days.

2. Disabling up to six years to move to higher category or progression to higher levels.

3. Dismissal.

Article 63. Other jurisdictions.

The sanctions that can be imposed on the work order are without prejudice to the passing of the blame to the other orders of the jurisdiction if the misconduct could be punishable by administrative, civil or criminal.

Article 64. Precautionary suspension.

Companies, where necessary for a better understanding of the true scope and nature of the facts, may decide to suspend the employment of the worker or worker concerned or affected by a maximum period of time. of two months, being available to the Company during the time of suspension.



Article 65. Background and purpose of the subrogation.

Due to the new framework for the liberalization of the field of assistance on land and the new legal regulations governing it, the airport services of assistance on land (Handling) that the "Agents of Assistance in the Land" lend, In one or more of its categories, airlines as users of an airport, as well as those made by the airlines themselves under self-handling, are currently in need of a conventional regulation that allows for the most (a) effective guarantee of the principle of stability in employment, the aim of which is It is important for the Commission to take account of the fact that the Commission has been in the process of being a Member of the European Commission in the field of the European Community. as a result of the permanent situation of loss or increase in the volume of work, thus contributing to a minimum approximation and homogenisation of working conditions in the sector.

Directive 96 /67/EC of the Council of 15 October establishes the regulatory framework for access to the market for assistance on Earth at Community airports.

In compliance with the aforementioned precept, the Royal Decree, 1161/1999 of 2 July, as amended by RD 99/2002 of 25 January, regulates the provision of these services in the field of the territory of the Spanish State.

These services have a different legal treatment in terms of their impact on job stability. All groundhandling services in their various categories-except Rampa Services-can be freely provided by companies that meet the conditions and requirements legally required, while the "Services of Rampa" are awarded by the competent administrative authority with certain restrictions, by grant or administrative authorisation.

Mention is also worth the treatment of the so-called "Passenger and Passenger Mobility" (PMR), service initially offered and provided by the ordinary operators of handling and autohandling, while In the case of passenger and passenger assistance activities, they cannot be provided freely when they are subject to a special grant or authorisation scheme, as required by Regulation EC 1107/2006 of the European Parliament and of the Council of 5 July 2006, on the rights of persons with disabilities or reduced mobility in the air transport, in force in Spain since July 2008, in which the rules for the protection and assistance of persons with disabilities or reduced mobility in air transport are established, both to protect them from discrimination and to ensure (a) receiving assistance, obliging the managing bodies of the airports to ensure the provision of assistance to persons with disabilities in accordance with the provisions of Annex I thereto, where the list of activities in relation to the disabled person is collected; collective that they have had to develop from the entry into force by the managing body to through the agents to whom this work has been awarded.

Finally, and with regard to the service of placement and withdrawal of gateways connecting the aircraft with the airport terminal, it is to be noted that the National Consultative Commission of Collective Agreements, in its plenary June 2007, agreed that this activity is included in the functional scope of this Convention, therefore, consequently, in this II Sectoral Collective Agreement the negotiating parties have decided the express inclusion of such activity in their scope.

This new framework of relationships in the handling sector creates a situation founded on uncertainty among workers in the sector in terms of stability and quality of employment.

The signatory parties sign this Convention in order to comply with the principles of stability and quality of employment of workers in the sector agree to establish a mechanism of subrogation business, for whom part of the activity of another operator happens or captures, in such a way that the workers of the business or entity giving of the activity that they voluntarily accept, may pass to be assigned to the company the transferee or entity that is to perform the service, in the cases and conditions established in the Chapter.

Article 66. Scope of the subrogation.

According to Royal Decree 1161/1999 of 2 July, which regulates the provision of services on land (Handling), both in its own (self-handling) and third-party services is understood as such services land assistance at airports to aircraft, passengers and passengers (including assistance to passengers with reduced mobility), goods and mail listed in the Annex to that Royal Decree. Similarly, the activity consisting in the provision of the service for the placement and removal of gateways connecting the aircraft to the airport terminal is considered to be included.

Since ground handling services in their various categories have differentiated treatment as regards their benefit arrangements, free in some cases (passenger and passenger assistance, except PMR), goods and mail, and subject to the award or administrative concession in others (Services of Rampa, PMR or GATEWAYS), it is necessary that they receive a differentiated treatment for the subrogation of the workers, according to the Service concerned: Rampa, Assistance to Passengers and Passages, Goods and Mail, PMR Assistance and GATEWAYS.

In order to contribute to and ensure the principle of stability in employment, the absorption of staff among those who take place in the provision of handling services will be carried out at each airport as specifies in the following items:

Section I. Subrogation modes based on the service provided

Article 67. Subrogation of ramp services.

A) Succession in the granting or authorization of the ramp handling by change in the operator's ownership.

In case of loss of the concession or administrative authorisation and consequent assumption of service by another operator, the transferee operator who assumes the service of the transferor operator in its entirety will be subrogated to the position of the employer in respect of all workers of the workforce assigned to these services who voluntarily accept it, from the moment it starts operating on ramp as the new successful tenderer.

B) Activity transfers between operators and autohandling service.

In the event that an operator loses activity in full or in part, or by contractual resolution of the ramp services contracted by a user (Cia. Air) to be carried out under self-handling, either in the reverse course, or as a result of the acquisition of such activity by another operator, the transferee operator or user will be obliged to incorporate his staff into the workers belonging to the transferor operator who voluntarily accept it, in whole or in number and percentage equivalent to the activity actually carried over.

For the purposes of determining the percentage of activity carried over, account shall be taken of the number of weighted aircraft affected by the transfer and shall be divided by the total number of weighted aircraft served by the transferor operator, either of the two or more months preceding the loss of activity, or, where appropriate, of the time actually operated, if it is less than 12 months.

For this aircraft weight the following table will be used:

Aircraft Class:

Weighting Coefficient:


Weighting Coefficient

4A-4B- 4C

















Article 68. Special subrogation assumptions.

1. Subrogation in terms of merger and acquisition between air carriers. The general principle underlying this convention is that of the application of the subrogatory mechanism where the total or partial loss of activity by a handling operator is caused by loss of the concession or administrative authorization or by contractual resolution of the services contracted by the user. As long as such a change does not occur, there will not be in principle subrogation, so the fluctuations in the activity of the Air Companies, by which some increase their activity and others decrease it, will not cause the effect subrogatory.

However, there are certain company transactions between airlines, which cannot be neutral in terms of the application of this Chapter and are those in which the acquisition takes place. of all the social capital of an Air Company. Therefore, when a merger process, both own and improper, or acquisition of 100% of the Social Capital of an Air Company is mediated, and the growth of the same and the simultaneous growth in the activity of another or Other related in the related company operation, which involves the corresponding loss of activity for a handling operator in favor of another operator or a autohandling, will proceed the application of the regulation contained in the present chapter. However, however, since the transferee operator may not have recovered all the activity of the transferor operator, it is necessary to clarify and adapt the criteria in order to determine the quantum of the subrogation, the following rules apply:

(a) Where, by virtue of a merger process, both own and improper, or the acquisition of 100% of the share capital of an air carrier, the activity of the air carrier and the simultaneous growth in the air carrier are decreasing. (a) the activity of another or other linked in that company operation, in such a way as to entail the corresponding loss of activity for a handling operator in favour of another operator, or of an agent under self-handling, shall proceed the application of the subrogatory mechanism provided for in this Chapter.

b) To determine the affected template in these cases, the activity received by the transferee will be included. The percentage of activity lost by the transferor, and the percentage of the activity received by the transferee, shall be provided by the operators concerned, taking into account also the data that AENA can provide.

(c) The calculation of the template concerned, the criteria for the preparation of the offer for voluntary recolocation and other requirements shall be made in accordance with the provisions of this Chapter. The lost/captured activity data will be computed for once, at the time the activity loss/capture materializes.

d) In each of the moments described, it will occur or not subrogation depending on which activity capture exists. As regards the types and moments of subrogation, it shall also be subject to the provisions of this Chapter.

2. Special case in case of load handling.

In those cases where, by mediating contractual resolution and resulting in the loss of the client and the consequent loss of activity, the correlative acquisition of such a client by another person does not occur. operator of load handling, even if, if a simultaneous growth of its activity closely related to the previous loss, the application of the regulation contained in this Chapter shall proceed when the following are met, at least: requirements:

a) That there is an effective loss of the client.

b) That the customer lost by the transferor operator continues to operate even if it carries the air knowledge of another operator.

c) That the operator for which the load is transported is a client of the transferee operator.

d) That there is a real and simultaneous increase in the activity of the transferee closely linked to the activity lost by the transferor.

e) The relevant activity for the purposes of the affected template shall be related to the activity actually received by the transferee. The data relating to the percentage of the activity lost and the activity actually captured by the transferee must be provided by the operators concerned and shall be taken into account at the moment when the The lost/capture of that activity.

(f) Subrogation shall occur or not, depending on whether or not there is a capture of activity, taking into account these effects, the provisions of Article 71 of this Convention.

Article 69. Surrogacy services for passengers and passengers, cargo and mail.

Transfer of activity between operators and autohandling services.

When an operator (ground/user assistance agent) captures or recovers part or all of the activity of another operator, passing the service that is in the service, including autohandling, the staff of the transferor will be subrogated that it consents, in number and percentage equivalent to the activity effectively passed.

For the determination of the percentage of activity lost by the transferor passenger operator, it shall be as described in the last two paragraphs of Article 67 (B) as regards the determination of the percentage of activity The same method shall be used for the loss of the load and mail operator, but taking as a reference the kilograms of cargo and mail transported including the kilograms transported by truck, (air cargo carried by trucks aircraft identified with an IATA flight number assigned by the air carrier, and handled at the airport facilities of the handling agent contracted by that air carrier and covered by its relevant air knowledge.)

Article 70. Subrogation Assistance Services to Passengers and Passages with Reduced Mobility and Gateways.

(a) In the event of loss of the concession or administrative authorisation and subsequent assumption of service by another operator, the transferee who assumes the service of the transferor operator in its entirety shall be subrogated to the position of the employer in respect of all workers of the workforce who voluntarily accept it, from the moment it starts operating as a new successful tenderer.

(b) In the event of loss of the concession or authorisation for the provision of this service, but it does not affect the entire staff of the transferor, it shall be the responsibility of the Joint Committee of the Sector Agreement, determine if applicable and in which terms, perform the subrogation

Section II. General Subrogation Process

Article 71. Type and time of the subrogation.

When by application of the above articles the subrogation proceeds, it will be performed at the following times:

1. Total subrogation. In the case of the total subrogation, it shall be carried out on the date of the start of the service by the new successful tenderer.

2. Partial subrogation. In the case of partial subrogation, this should be done at least two times a year in April and November, coinciding with the beginning of each of the winter and summer seasons, provided that there has been a transfer of the contracted activity.

However, the subrogation shall take effect, without waiting for the time specified in the preceding paragraph, on the date on which the start of the provision of the service by the new operator takes place, when any of the following: the following assumptions:

a) That the percentage of the template to surrogacy is equal to or greater than 2 percent of the template that is dedicated to that activity and job center.

b) That the percentage of the template to be subrogated affects ten or more workers or workers of the entire company template dedicated to that activity.

Article 72. Subrogation criteria.

1. Subrogation for total and partial loss of activity.

A) Subrogation for total loss of activity.

The number of workers to be subrogated to the new operator will correspond to the total number of the outgoing operator who voluntarily manifests their acceptance, including workers and workers. Discontinuous fixed/ace without regard to whether or not they are active at the time of the feisty communication.

B) Subrogation by partial loss of activity and subrogation by autohandling.

Once the percentage of lost activity, as set out in the previous articles, is determined, this percentage will be applied by type of contract and, within these, by labor groups, including the Proportional structure. The average of the workforce (number of workers and workers at the end of each month) of the last 12 months immediately preceding the date on which the transferor is aware of a person's knowledge of an employee shall be taken as a reference. change in the provision of the service which meets the requirements laid down in the preceding Articles, or, where applicable, in respect of the time actually operated if it is less than 12 months.

In the case of discontinuous fixed workers and workers, the percentage of the lost activity will be applied to the existing workforce in the workplace, regardless of whether the worker or worker is in the workplace. active or not at the time of the feisty communication.

The application of the above criteria shall determine the number of workers to be subrogated prior to their acceptance, the fractions equal to or greater than 0,5, and by default the decimal fractions less than 0.5.

2. Conventional contract transformation commitments.

For these purposes, in the case of total subrogation, as well as in the partial subrogation of paragraphs (1A) and (1) (b) above, the commitments for the processing of contracts, which are the result of the negotiations, will be taken into account. collective and documented-, acquired prior to the date of the feisty communication of the change in the provision of the service and which corresponds to carry out and formalize between the aforementioned date of communication of the change and the of the effective subrogation.

The effect of these committed transformations will vary only the number of workers to subtract by type of contract and/or working group, without altering the total number of workers to subrogate.

Article 73. Common rules and conditions for workers to subrogate.

A) In both services, the subrogation of the staff, total or partial, shall be produced in the case of:

1. Workers who voluntarily agree to provide their services to the new successful tenderer.

2. Workers in active employment, irrespective of their contractual arrangements, who carry out their work in the outgoing operator and who have been employed at least the last four months preceding the subrogation or at least six months within the last eighteen months prior to the date of the subrogation.

3. Workers, entitled to a job reserve, who at the time of the effective completion of the service have a minimum of four months in the outgoing operator and are ill, injured, in Leave, leave, leave, maternity leave, or similar situations.

4. The worker or worker with a contract of interinity, regardless of his seniority, shall be excluded from the subrogation unless the worker or employee has accepted the offer of subrogation/voluntary recolocation.

5. Workers who replace others or other workers who retire, having completed sixty-four years within the last four months prior to the actual completion of the contract and have a minimum age in the same age Four months prior to retirement, provided that the latter is agreed to in the lower-level statutory collective agreement under Royal Decree 1194/1985 of 17 July.

B) All the above assumptions must be credited and documented by the outgoing or incoming person, by means of the documents detailed in Article 80 and within seven days before the subrogation occurs.

C) Each company shall pay the proportional share of the holiday corresponding to the date on which the subrogation takes place. Holiday days not enjoyed before subrogation shall be enjoyed in the undertaking on the scheduled dates, if the production needs so permit, and the possible differences shall be settled between the two companies, where appropriate.

D) To workers from the transferring company, both in the cases of total and partial subrogation, the collective agreement or agreement of the transferee company will apply to them. However, the transferee company must respect the subrogated and subrogated workers and workers, as "ad personam" guarantees, the following rights:

1. The annual gross economic perception, in case of the same variables. As for the variables, the transferee company will pay the worker or worker the volume of variables actually realized, guaranteeing the unit price that the variable concepts had in the company, as long as it is superior to that of the transferee company, up to the volume realized in that. The remainder, if any, would be paid to the unit price in force at the transferee. To this end, they shall be considered to have been carried out in the last 12 months, but in the future they shall be paid for.

As regards the ad personam supplement to be determined in each case, in accordance with the remuneration system in force in the transferee companies, it will be the responsibility of the transferee companies within the framework of their collective agreements, the determination of the distribution of the wage increases that may be agreed upon.

In the event that the economic perceptions resulting from the application of the collective agreement of the company would be more favorable, they will be applicable to them.

This system should be reapplied whenever the worker or worker is subrogated to another company, so that his/her annual remuneration will be adapted to the concepts and amounts of application in the new company, so that calculate the new conditions.

2. Seniority of the worker or worker for the purposes of compensation in the event of termination of contract for reasons other than the worker or worker, as well as for the purposes of eligibility in the case of elections to workers ' representatives and workers.

The seniority shall also be taken into account for the purposes set out in Articles 74 et seq. of this Convention.

The transferee company will credit every worker or worker the age referred to in this article

3. Economic rights in terms of acquisition relating to seniority and/or progression, if any, in the transferring undertaking, until they are perfected. Once consolidated, the computation will begin for the age and/or progression under the conditions established in the transferee company.

4. Contractual mode and group or equivalent professional category.

5. Ordinary annual day of each worker or worker, as well as the number of vacation days.

6. Rights derived from collective insurance as long as it is regulated in the Collective Agreement of the transferring company.

7. The right of use of air tickets shall be respected under the conditions under which it is established in the Collective Agreement of the transferring undertaking.

If the transferee company is not an airline, it will be able to agree to the compensation of this right. It is agreed to set up a working group which, within three months of the signing of this Convention, will negotiate the compensation for this right. In the event of disagreement, the parties may agree to submit this matter to arbitration.

8. Commitments on pension plans and any other social security systems, provided that they are regulated in the Collective Agreement of the transferor company.

E) Staff subrogation will operate equally and in the terms set out above when a user (air carrier) performing his/her own ground handling service (self-handling) decides to contract the service to a Assistance Agent on Earth, as well as in the reverse assumption.

F) The outgoing operator must inform the workers and their representatives about the change of operator and the name of the new operator.

Article 74. Communication and processing of voluntary subrogation offer publication.

The company affected by the total or partial loss of activity, once the number of workers and workers is identified according to the criteria set out above, will make the following offer public.


The company will publish, in each affected work centre, an offer of Voluntary Recolocation aimed at its workers. This offer will result in:

• Operator name/is where the voluntary pass is offered.

• Number of workers who are eligible for contract type and work group.

Within the types of contract or contractual arrangements legally established, for the purposes of subrogation, they must consist of separate blocks which are the full time of those who are part-time, considering the partial time as a single block.

Within the fixed part-time contract, it will be distinguished, as a separate block, from the discontinuous fixed.

• The conditions in which the change will occur and which correspond entirely to those contemplated below.

Any worker or worker of that work centre whose type of contract and working group matches the offer made and up to the published number shall be eligible for such offer. The time limit for such a voluntary pass shall be that established by each undertaking at any time, stating its knowledge and formal acceptance of the conditions offered.


In the case of an excess of volunteers or volunteers with respect to the offered quota, preference will be given for the subrogation of the workers and workers with the least recognized seniority, within each type of contract and group. work.

For these purposes, the age recognized by the company as such is understood to be the worker or worker, at the time of the offer of subrogation/voluntary recolocation.

The volunteer workers and workers until they exhaust the number offered will be incorporated into the new employer. To this end, the subjective novation of their employment contracts will occur in the terms provided for in this agreement, and the corresponding settlement procedures must be completed at this time.

The transferee company will be obliged to incorporate into its workforce the workers who have voluntarily applied for their transfer to the company, under the conditions expressly referred to in Article 73 of the present chapter.

As regards the other non-contemplated conditions, the worker or worker subrogated voluntarily will be governed by the working conditions established in the Collective Agreement of the new company, and in its absence, shall be as laid down in the Sector Convention.

Article 75. Specialties in case of concurrent subrogation.

In all cases where the subrogation is to be applied to two or more companies by application of this Convention on the same date, the following procedure shall be followed:

• The offer of voluntary recolocation must be made explicit by the transferee companies and the number of workers who proportionally correspond to them according to the activity given by type of contract and group work.

• Workers must show if they wish to be subrogated to any of the possible transferee companies; such a demonstration will be irrevocable.

• The order in which the staff will be assigned will be drawn between the companies. In order to avoid penalizing or benefiting any transferee company, such workers must be assigned to them by groups. (i) the total amount corresponding to each of the undertakings, and is rounded up to the nearest whole unit. The resulting quantities shall be the successive groups up to the quantity of each transferee. All according to the following example:

Global amounts can be A (120 workers), B (60) and C (35). The resulting groups would be 120 /35 = 3, 42 (rounding to 3); 6035 = 1.71 (rounding to 2); 35/35 = 1. Assuming that the order drawn out B, A, C, they would be assigned, starting with the least old, 2 to B, 3 to A and 1 to C, and so on until exhausting the number of workers or workers volunteers. The total number corresponding to each cessionary undertaking shall be rounded, either by excess or by default, of the assigned percentages of activity of each of them.

Article 76.

With the aim of reducing the number of transfers of workers and workers between companies, the Joint Commission of the Sector Convention is empowered to allow the compensation of operators.

To do this, the following conditions will be present simultaneously:

That is a process prior to the start of the service by the new adjudicators of the service, after the Administration has resolved the corresponding contests of Handling of Rampa.

That the service's contracting agents should be fully renewed, so that all the above will leave without matching the new adjudicators.

That, in case any of the outgoing operators were a UTE, any of the new bidders would have had a stake, of more than 45% in the same.

That the total number of surplus workers and workers who are voluntarily subrogated to all new handling agents will be kept unchanged.

That there is Agreement between the Operators that are going to make the compensation.

Article 77.

When at an airport there are two simultaneous subrogations between two operators in which one is transferee and relent with respect to the other, and when both processes are going to produce simultaneously in time, and Both operators will be able to reduce their mobility of workers between enterprises and to meet the structural surplus requirements defined in this Convention, in order to reduce the mobility of workers between enterprises and to meet the structural surplus requirements laid down in this Convention. On the basis of the information provided by the European Commission, the Commission each of them would have had to do with the other of not having been concurrent processes.

In those cases where, not attending all the requirements set out in this Disposition are similar circumstances that advise to reduce the mobility of workers and workers between companies, and always (a) the application of the analogue application of the provisions referred to above may be subject to the consideration of the Joint Commission, with the specialities which correspond to each case.

Article 78. Structural surplus. Handling of the employment regulation file.

The surplus of staff that has not been covered by the subrogation of voluntary workers will become part of the so-called Structural Surplus.

As soon as the company is known this circumstance, it will have to be brought to the attention of the workers ' representatives by providing them with the necessary information.

For the purposes set out in Article 51.1 and 52 of the Staff Regulations, loss of activity, by any of the circumstances specified in Articles 67 to 70, constitutes a productive cause and is thus recognised by both parties, whose dimensions and effects on the template shall be those resulting from the application of the criteria set out in Articles 67 et


Once the number of surplus workers and workers by type of contract, and working group according to the above criteria, is determined, the specific designation of the affected will be produced by choosing the lowest seniority recognized in the Company.

In case of equality, the following criteria will be applied by order of precedence, within each type of contract and working group:

1. º Number of days worked (understanding, for these purposes as such those in IT) in the 5 years prior to the date of the voluntary subrogation/recolocation offer.

2. The date of the last high in Social Security in the Company, regardless of the age recognized.

3. Date of birth, designating the and the youngest.

For the purpose of determining the number of affected workers and workers in each type of contract and working group, the same percentage of lost activity taken into account for the calculation of the total number of workers will be applied. affected, by excess of fractions equal to or greater than 0,5; decimal fractions less than 0,5 shall be added in each type of contract and working group in descending order until an integer is obtained to be applied in each contract type and workgroup in which it was reached.

Workers designated in accordance with the above formula will make up the list of affected workers, determining their number the procedure to be followed for the extinction of their contract of employment

In the case of a file for collective extinction of work contracts, the legal representation of workers who will evacuate the mandatory report within a maximum period of 5 working days shall be informed. provided for in Article 51 of the Staff Regulations.

If the number of workers is lower than the thresholds provided for in Article 51 of the Workers ' Statute, the provisions of Article 51 (2) (c) of the Staff Regulations shall be the same as those provided for in Article 51 of the Staff Regulations. in Article 53 of the same Regulation.

The Company concerned and the representatives of its employees shall submit to the competent administrative authority simultaneously to the business application the Agreement on that file for extinction. of the relations between the undertaking and the workers concerned, under the following conditions:

• Extinction will be enforced.

• Workers will receive compensation for 21 days per year of service, with a maximum of 12 monthly allowances.

• The amount to be charged will be subject to all withholding taxes that are legally applicable.

Article 79. Joint Committee on the Convention.

The Joint Committee on the Convention, among its functions, is specifically responsible for ensuring the proper implementation of all subrogation and structural surplus processes, as well as understanding, prior to the jurisdiction, disputes, disputes and complaints that may arise, individually and collectively, as a result of the application of the processes set out in this chapter.

Article 80. Documentation to be provided by the outgoing operator to the incoming.

The outgoing operator must provide the following documents to the incoming:

• Certificate from the competent body to be current for payment in Social Security.

• Photocopy of all salary receipts, from the year immediately preceding the subrogation (or worker's or worker's length of stay) of the affected workers.

• Photocopies of TC-1 and TC-2 social security contributions of the last twelve months prior to the subrogation or equivalent documents.

• Staff relationship specifying: Name and Surname, Social Security affiliation number, seniority, and group and professional category, day, hiring mode and date of enjoyment of your vacation. If the worker or worker is a legal representative of the workers, the mandate of the worker shall be specified.

• Photocopy of work contracts of staff affected by subrogation.

• Copies of documents duly completed by each worker or worker concerned, stating that the worker has received the discharge from the outgoing or the worker, and that no amount is pending. some. This document must be in the power of the incoming on the service start date.

• Information about the training courses that the worker or worker has received, as well as the insurance and supplementary social security plans in which he is insured or insured, beneficiary or beneficiary.

Article 81. Enforcement.

The subrogation of previously regulated personnel for the transmission of a given service will have the succession effects provided for in this Convention and the same will be enforced for all companies, entities and workers, including in the functional, personal and territorial scope of the same.


Other Provisions

Article 82. Retirement.

The compulsory retirement in retirement work will occur when the worker or worker is satisfied with the ordinary age that the legislation on social security establishes at any time, as long as this worker or worker (a) to be covered by the period of contribution required to be entitled to the corresponding pension. This measure is adopted in the framework of the policy of promoting the stability and quality of the procurement provided for in this Convention, in particular the one which, as a guarantee of employment and its stability, involves the conventional procedure of In any case, a later date may be agreed for the retirement pension in the event of an agreement between the employer and the worker or the worker.

Article 83. Equality plans.

All companies falling within the scope of this collective agreement must negotiate and implement an equal plan, with the content legally established, within the maximum period of six months from the date of publication of this Convention.

Single transient disposition.

Access to the third level of progression regulated in Article 20.3 of this Convention shall in any event require the stay of three years at the previous level to be counted from 1 January 2011

Additional disposition first.

If, during the term of this Convention, there is a legal modification that permits the forced character of the subrogation for the worker or the worker, both parties undertake to give a new wording to the present a chapter covering the forced character of the subrogation for all parties.

Additional provision second.

All rights recognized, except as provided for in Article 38 (a), in respect of permits and licenses for spouses shall also be construed as referring to situations of stable coexistence of higher-fact couples. Two years, duly accredited and, if there is a registered office in its locality.

Additional provision third.

In terms of the rights of the Workers 'and Workers' Union's unitary and union representation, the provisions of the Workers ' Statute and the Organic Law on Freedom of Association will be included. However, this subject will be subject to improvement in the collective agreements of undertakings.

Additional provision fourth.

The parties to this Convention agree to submit to the mediation of the Interconfederal System of Mediation and Arbitration (SIMA), the conflicts that may arise in the field of this Agreement, adhering to this effect to the Agreements on Extractive Conflict Resolution (ASEC), as well as its implementing regulation.

Single end disposition.

Companies which, at the entry into force of this Convention, have regulated a professional and remuneration structure other than that laid down in this Convention, may maintain that established in their collective agreement, provided that the special provisions for specific matters covered by the text of this Convention are respected in matters which have been so expressly and specifically laid down.


Final salary table for the year 2009


Input level

From year

Technical Staff

18.706.00 €

18.706.00 €

Administrative Staff

12.246.00 €

14.474.00 €

Auxiliary Services

12.246.00 €

14.474.00 €


Final salary table for the year 2010


Input level

From 1st. year

Technical Staff

19.267.00 €

19.267.00 €

Administrative Staff

12.613.00 €

14.908.00 €

Auxiliary Services

12.613.00 €

14.908.00 €


Provisional salary table for 2011 updated 1-1-2011 with 1% to 2011 CPI



Input level

From 1. year

From 3.

19.460.00 €

19.460.00 €

20.040.00 €

12.739.00 €

15.057.00 €

15.510.00 €

Auxiliary Services

12.739.00 €

15.057.00 €

15.510.00 €