Seen the text of the framework collective agreement for the financial institutions credit, (Convention code number 99001945011981) that was signed with date of July 15, 2011, on the one hand, by the National Association of establishments financial's credit (ASNEF), the Spanish Association of Leasing and Renting (LEAS) and the Spanish Association of Factoring (AEF) on behalf of the companies in the sector , and on the other, by the Trade Union COMFIA-CCOO and FeS-UGT on behalf of workers in the sector, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the Royal Legislative Decree 1/1995 of 24 March, by which it approves the text of the law of the Statute of workers and in the Royal Decree 713/2010 May 28, on registration and deposit agreements and collective work agreements, this General Directorate of labour resolved: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Official Gazette».
Madrid, 29 September 2011.-the Director-General of labour, Raul Riesco Roche.
Convention collective framework for the establishments financial's credit chapter I provisions general article 1. Functional, personal and territorial scope.
1. the present collective agreement framework affects all financial establishments of credit, without prejudice to the application of provisions of articles 84 and 86.3 of the Statute of workers for entities that have own collective agreement in force at the signing of this agreement.
Affect also the entities or companies which, being members of Asnef (National Association of financial institutions credit), of LEAs (Spanish Association of Leasing and Renting) or of Aef (Spanish Association of Factoring), its primary activities consist of which are specific to the entities referred to in the preceding paragraph, distinguished banking business in terms that will be not attracting liability through accounts or passbooks to view , although the implementation of legislation to adopt the corporate form of Bank. Without limiting the foregoing, are excluded from the scope of this Convention affecting banks, savings banks and credit unions that do not meet the previously mentioned conditions.
2. equally, it affects all persons who provide their services in the above companies. Excepted persons covered by article 2 number 1), of the workers ' Statute or provision which replaces it.
3. the present Convention shall apply throughout the territory of the Spanish State.
Article 2. Temporary scope.
This Convention shall enter into force on January 1, 2011 and will end its term on December 31, 2012.
Article 3. Replacement and referral.
1. the present collective agreement replaces entirely, matters governed by it, all regulated in previous collective agreements and the Labour Ordinance of offices.
2. on all matters not regulated by the present collective agreement, it will be as provided in the Statute of workers and, in general, the legislation of existing senior in each moment, being expressly repealed previous conventions collectives and replaced the above-mentioned Labour Ordinance.
Article 4. Obligation of the Convention and linkage to all.
1. the conditions agreed in the Convention constitute a whole organic, unitary and indivisible, and will be considered globally and on an annual basis.
2 under cover as provided in article 83.2 of the Statute of workers, the parties agree that the materials listed below are designated may not be subject to negotiation in lower areas, except for agreements signed prior to the signing of this collective agreement: to) professional classification, except as provided in the penultimate paragraph of article 7.
(b) promotion and promotion.
(c) disciplinary regime.
(d) wage tables and amounts of wages, in that the structure and amounts laid down in the present collective agreement will have character of minimum and must be respected in any case, except as provided for in the additional provision seven.
Article 5. Conditions more Beneficiosas.compensacion and absorption.
1. the conditions agreed upon in the present collective agreement, estimated as a whole and in computing annual and global, are compensated or absorbable with which live in the company.
The salary actually earned or received by each worker can compensate and absorb any others that could correspond to them by application of the existing legal, regulatory, or conventional rules at all times.
2. the conditions agreed upon in the present collective agreement, estimated as a whole, are established with minimal character, so the Covenants, terms and situations currently implemented in enterprises involving more beneficial conditions will be remaining.
3. in the economic order, and for the implementation of the Convention in each concrete case, it will be the agreement therein, with abstraction of previous concepts, amount and regulation.
Article 6. Complaint.
This collective agreement shall be deemed automatically denounced for review September 30, 2012, unless otherwise agreed by the parties, which, explicitly, is pronounced by its continuation or resolution.
Chapter II article 7 staff. Classification of staff.
1. for the purposes of this Convention, means classification system professional legal management, technical and organizational basis, referred to the inclusion of workers in a general framework laying down the various labour tasks by areas of responsibility in companies affected by this agreement. This legal regulation results in the delimitation of the different knowledge, criteria, tasks and functions in which is structured due delivery, serving at the same time for the consideration of the economic and other effects of the employment contract.
2. the present professional classification system aims to facilitate the management of human resources in enterprises, as well as the professional development of workers, whereas among both performances achieved a positive correspondence.
3. workers of the companies included in the scope of application of this Convention will be classified in accordance with the activities and professional responsibilities and standards established under this system of professional classification, pursuant to which those must be defined.
4. in general the worker will develop the own work of its professional group, as well as specific additional or auxiliary tasks that integrate the entire process which are.
5. when functions of two or more occupational groups perform regularly and within the terms of this agreement, the classification will take place under the most relevant functions to them, within the whole of his activity, engaged longer, without prejudice to the provisions of paragraph 4 above.
6. in the employment contract content be agreed between worker and employer labor delivery object and its correspondence with the present system of professional classification.
7. the professional classification system needs full cooperation of active policies for training and dynamic processes in the promotion, which will entail a greater range in the professional expectations. All this with the aim of consolidating and increasing the professionalization and development of the human factor in the companies in the sector, in the interests of continuous improvement of the internal quality and the provision of the service.
8. the staff affected by the present collective agreement will be integrated in the following occupational groups: Group I: management and leadership.
Group II: Controls and specialized technicians.
Group III: Technical and administrative.
Each of these professional groups is divided in turn into levels of responsibility from A to C.
The classification of groups or professional levels referred to in this article is merely declarative, unless you assume obligation to have provided all the scales, and can, where appropriate, create new ones with certain allocation of functions, provided that they are not identified with the jobs and definitions laid down in this Convention.
Issues, disagreements or claims with respect to its correct classification or professional in this new management system integration, must be submitted to the Joint Commission, without prejudice to other actions that correspond to the parties concerned.
Article 8. Definition of professional groups.
The definition of each professional group is which is then determined: Group I: management and leadership.
With General guidelines, they assume overall objectives in the field of work within its competence, and are responsible for them.
Transform those global objectives in team objectives, owing, therefore, create general rules necessary to achieve the proposed objectives.
Main feature of the workers belonging to this group is its ability to plan, organize and direct.
The workers included in this group require the highest degree of autonomy over the scope of work that has been entrusted to him.
This performance results in the completion of tasks related to research, study, analysis, advice, planning, evaluation and forecast or others of similar nature, or of organization and control of the processes of work to be performed and, where appropriate, of the workers who have to carry out, as well as their motivation, integration and training.
Included within this professional group workers need a theoretical and practical knowledge acquired through training of the highest level and/or extensive experience.
Group II: Controls and specialized technicians.
With General guidelines, assume concrete objectives of team and are responsible for them.
Transform team objectives into individual tasks, and create standards and procedures for those tasks, in line with the rules and general procedures of his team, controlling and coordinating next form, the activities and the results of a working team.
Main feature of the workers belonging to this group is their ability to organize and coordinate.
The workers included in this group require a large degree of autonomy in the team that has been entrusted to him, as well as to proceed with the resolution of technical or practical problems in their field of action. They must go to these effects standards, guidelines or ordinary procedures with the use of the company.
Included within this professional group workers need not purely theoretical knowledge, gained through experience in the work and/or a broad training process.
Workers who entrusted tasks in very complex administrative and/or technical processes, requiring highly specialized skills or complex learning processes is this group includes.
Group III: Technical and administrative.
Specific guidelines, they develop the tasks that have been assigned and are responsible for them. Following established procedures, they seek the solution to each situation. When the situation is unusual, must resort to the responsible command.
It is the main feature of the workers belonging to this group, their dedication and specialization in specific tasks.
The workers included in this group require some degree of autonomy in the development of the tasks within its competence.
The workers included in this group require adequate general knowledge as well as specific instructions on the performance of the tasks which are entrusted to it.
Within this group, it will also be that workers whose main task to run with high levels of dependence and whose tasks consist of instrumental operations basic, simple, repetitive, mechanical or automatic, support or complementary, and that require knowledge, dexterity and skill in the use of simple machines or equipment.
Article 9. Definition of professional levels.
1. the definition of the levels is that is then determined: level c: employees assigned to this level will be the reduced complexity within their professional group performing. You will need supervision and coordination on a regular basis by the head of the team.
Level b: employees assigned to this level will be autonomous tasks of moderate within their professional group complexity or responsibility. You will need supervision and coordination occasionally by the leader of the team.
Level a: employees assigned to this level will be initiative with the tasks of greater complexity or responsibility within their professional group. The degree of understanding of its tasks trained them to orient them according to their objectives. You will need coordination occasionally by the leader of the team.
2. employees who within the company are proxy of the same, and while still in force powers and effectively make use of this power of Attorney for the performance of its functions, will be salarialmente matched to the immediately higher level, if any, within their professional group.
Article 10. Income and trial period.
The admission of staff is subject to legal provisions on placement, being interim during a probationary period, which may not exceed the designated on the following scale: to) entitled personnel: 6 months.
(b) other personnel: 2 months.
During this period, both the company and the employee can, respectively, proceed to the contract or withdraw from the test, without any prior notice and that none of the parties entitled to compensation. In any case, the worker paid during the trial period the remuneration corresponding to the work done. After the test period, shall be formalized the admission, being told the employee, for purposes of seniority and periodic increases, the time spent in this period.
It is optional for companies renouncing this period on admission and also reduce the maximum duration which is designated in its case for the same.
All income shall be subject to trial, whose computation is suspended in case of suspension of the contract by any of the causes provided for in article 45 of the Statute of workers or provision that replace it.
Article 11. Promotion and promotion.
1. the staff of the Group III, level c, with six years of seniority at this professional level can promote to the Group III, level b; Likewise, of the Group III, level b, with six years of seniority at this professional level, can ascend to the Group III, level A, to be precise, in both cases, certifying attendance and overcoming of the courses of training inherent in timely access to new professional level skills. It is computed as attendance and passing a course, in those cases where the company hinders the course attendance or the same does not occur, in which case the rise will occur in order of antiquity referred to before. Competition of the Joint Commission will be a on the suitability of courses, the results of evaluations or the impossibility of assistance or lack of courses in many requirements to promote regulated in this article.
2. the personnel ascribed to the Group III, levels c and b, which have not promoted by virtue of the application of the provisions of previous collective agreements, be counted, until 1995 half of their age in their current professional category, for the purposes of the calculation of the six years of seniority provided for in the previous paragraph, in such a way that each two year old Royal in the category will be as one for the purposes of accreditation requirement before concerned.
The rest of the staff will begin to compute the necessary six years of antiquity in the professional level from the year 1995 or its entry in the company.
Article 12. Retirement.
In order to encourage the hiring of new workers, it is agreed that compulsory retirement age will be 65 years or as regular specified in the legislation of Social Security in every moment, if on the relevant date employee had completed the contribution periods for entitlement to retirement pension in their contributory. Otherwise, the retirement will take effect on the date when they are completed.
Chapter III pay policy article 13. Salary tables.
For 2011, the minimum salary guaranteed to earn an annual gross basis by ordinary working day, for each of the levels set forth in the Convention are as follows: Niveles-euros I. address groups and leadership.
A: 30.825,24 B: 29.952,81 C: 28.296,41 II. Controls and specialized technicians.
A: 26.837,45 B: 25.378,46 C: 23.585,52 III. Technical and administrative.
A: 19.916,95 B: 17.543,73 C: 14.790,25 individual conditions that could be enjoyed as most beneficial condition in relation to the integration of the old professional categories in the new groups and levels laid down in the present collective agreement will be respected strictly 'ad personam'.
Article 14. Antiquity.
The complement of seniority for all employees affected by the present collective agreement will consist of triennia.
The triennia should be computed because of time served in the company, beginning to run from 1 January of the year in which the three-year period is met.
Years old bonus is an integral part of wages, computing for payment of overtime.
Each of the triennia to receive on an annual basis, i.e., distributed in the number of payments that give effect to the company over a year, shall be paid according to the following table: Niveles-euros I. address groups and leadership.
a: 681,94 b: 681,94 c: 670,52 II. Controls and specialized technicians.
a: 635,16 b: 599,80
c: 558,23 III. Technical and administrative.
a: 489,72 b: 431,35 c: 371,41 article 15. Extra payments.
Companies affected by the present collective agreement will distribute annual gross wages here set in the number of annual pay that agree with the legal representation of workers, if any, or with the interested parties.
In the absence of agreement, shall be distributed annual wages in 14 monthly instalments, twelve of them coinciding with the calendar months of the year and two extraordinary of the first and second semester, will be paid in the months of June and December, and which shall accrue each one in its respective half.
Chapter IV Jornada article 16. Workday.
1 for any worker affected by the present collective agreement, regardless of their professional level, the maximum total of ordinary hours of work for the years 2011 and 2012 shall be 1.718 hours on an annual basis of day.
2. the Conference will be distributed adapting to the days of work available in the calendar year, and may, where appropriate, work on Sunday or holiday and regime shifts.
3. be respected those days laid down in the companies that, annually, computing involve more beneficial conditions.
4. the workday will be distributed with reference to working hours currently in force agreed in each one of the companies affected by the present collective agreement. For the modification of the schedule will be required negotiation with the legal representation of the workers or, in the absence of this, shall be submitted to the Joint Committee provided for in this collective agreement. In case of modification of schedule you will depart from the basis that 70% of working time be effected before 15:00, except contracts specifically held for evening or night work or shift system, or that the current distribution of the day is different, in which case you will depart this different distribution.
5 day reductions carried out in application of the provisions in recent collective agreements be verified preferentially, depending on the needs of the service and according to occupational groups of employees or percentages of template, in the days of Christmas Eve, new year's Eve, bridges between public holidays or days preceding or following to holidays or vacations.
Article 17. Compensation of holidays.
When for reasons of service employees need to work on holiday, hours actually worked on the day billed by an amount equivalent to 150% of the value hour of Convention. If festive work was not designated within their distribution of usual day (provided or agreed) be it compensated, with hours to spare in equal amount of those actually carried out.
Article 18. Overtime.
1 in order to encourage the creation of employment, the parties agree to essential to minimize overtime in accordance with the following criteria: to) regular overtime: suppression.
(b) overtime required coming for the need of repair claims or other extraordinary and urgent damage: realization.
(c) required overtime for periods not foreseeable production, unforeseen absences, shifts and other circumstances of a similar nature derived from the nature of the activity concerned tips: maintenance, provided that does not fit the use of the various forms of temporary or partial contract provided by law.
2. the number of overtime hours per employee may not exceed eighty a year, except for the worked to prevent or repair claims, or other extraordinary and urgent damage.
3. the provision in overtime will be voluntary and without any personal discrimination, being conducted on a proportional basis by staff who request it.
4. the address of the company shall inform, in writing and monthly, to the Works Council or the staff delegates, on the number of overtime hours carried out and, where appropriate, distribution Department.
5. overtime will be quoted according to their motivation and distinguishing the necessary of those other derived from force majeure.
6. also in relation to the objective of stimulating job creation through the reduction of overtime, the parties agreed on the importance of strict compliance with article 35 of the Statute of workers. Any breach of this article will be considered serious misconduct for the purposes of article 57 of the Statute of workers.
7. for the determination of the value of the extraordinary time you will depart a value type for ordinary time, retrieved to computing, as a dividend, the annual salary for each professional level in article 13 of the present collective agreement further complement of antiquity that corresponds in implementation of article 14 of the present collective agreement tables and, as a divider , the current annual Conference. On the value thus established shall apply an increase of 35%.
8. by mutual agreement between the company and the worker, the realization by it of overtime may be compensated by an equivalent rest time.
In such a case, there must be agreement between the parties on overtime which will be compensated by time off, as well as times or dates that will be applied, with the only limitation that its buildup only may be carried out monthly.
Article 19. Holiday.
1. all staff, without exception, is entitled to a vacation period, on an annual basis, of twenty-five working days, considering these effects as non-working Saturdays and public holidays.
2. the vacation shall be granted in accordance with the needs of the job, trying to please staff regarding the time of enjoyment, giving preference to the most ancient.
3. the staff may split vacation in three periods. In any case, the third period will be subject to the agreement between company and worker. Workers who enjoy their vacation in several periods, not preference will be given to choose the second, until the rest of the staff concerned have chosen his first term. Similarly it will happen with the third compared to the second.
4 pictures of holiday, established in accordance with the contents of the previous paragraphs, where you specify the period or periods of enjoyment of the holidays of the workers, must be made and made public to all stakeholders prior to March 30 of each year.
5 when employee ceases to provide services in the company before having enjoyed their holidays, they will receive cash remuneration of the days that proportionally to correspond you. Except in these cases, vacation may not be replaced by payment of equal wages.
6. the employer may exclude, as holidays, one that coincides with the greater seasonal production activity of the company, after consultation with the legal representatives of the workers.
7. If during the enjoyment of the holidays the employee suffered internment clinically, with or without surgical intervention or serious illness justified to the satisfaction of the company and notified to it within twenty-four hours, are not counted for the purpose of vacation days that would have lasted the internment or disease. In this so-called outstanding vacation days will enjoy on the dates agreed by company and worker.
8. when the holiday period set out in the company vacation calendar coincides in time with a temporary disability arising out of pregnancy, childbirth or breastfeeding or the period of suspension of the contract of work to be maternity, is entitled to enjoy holidays on a date different from the temporary incapacity or the enjoyment of maternity leave at the end of the period of suspension Although he finished the calendar year to correspond.
Article 20. Leave without pay and leave.
Workers carrying at least one year in the company shall be entitled to request permissions without pay up to a maximum total of 15 days per year and will grant them the company, unless not practicable by notorious and justified needs of the service.
Staff that carries a minimum of five years of service may request, in the event of justified need, licenses without pay for period not less than one nor more than six month. This license may not request more than once over the course of three years.
In addition to the previous permissions, workers with an antiquity in the company equal to or exceeding one year can annually enjoy a non paid leave of up to one month's duration in the following special cases: 1. the care of one child under 8 years or one parent, that together with the worker, does not perform any paid activity and suffers from a severe degree of dependence in the case of such children or ascendants to initiate an acute illness severe or require hospitalization.
2. undergo assisted reproduction techniques.
3. the transfer abroad for the intercountry adoption procedures.
In addition, in exceptional circumstances, for family reasons, enlargement of the cited month of leave up to 3 months may study by death of spouse or children severe disease requiring hospitalization.
Article 21. Permission of lactation.
Las/Los workers/is entitled to the absence or reduction in work in the terms laid down in article 37.4 of the Statute of workers may be replaced this right by a leave period paid for sixteen days, which should be enjoyed, immediate and uninterrupted after the end of the period of maternity rest provided for in article 45.1. d) of the Statute of workers.
Article 22. Reduction in working hours.
In the cases of birth of premature children and that, for whatever reason, they have continue hospitalized after the father or mother shall have the right to be absent from work for one hour a day. In addition, and at its option, have the right to reduce their working hours to a maximum of two hours, with the proportional decrease of the wage. If two parents working in the same company, only one of them can exercise these rights.
Article 23. Break for maternity leave in case of death of the mother or the child.
In case of death of the mother, with independence that this take place or do not work, the father can make use of all or, where appropriate, of the part remaining of the period of suspension, starting from the date of delivery, and without is to deduct from it, the part that the mother had been able to enjoy prior to the birth.
In the event of the death of the son the period of suspension will not be reduced, except that, after six weeks of mandatory rest, mother requested merge to his job.
Chapter V provisions several article 24. Transfers.
I) causes and conditions.
1. at the request of the worker.
When vacancies occur in the branches of the company, they will have preference for the transfer, first, the employee who requests it to reunite with your spouse and, secondly, the oldest in the application.
2. for the needs of the service.
(a) the transfer of workers will require the existence of technical, economic and organisational reasons or of production that would justify it, or contracts relating to business activity.
(b) the decision of the transfer must be notified by the employer to the worker, as well as to their legal representatives, with a minimum advance of 30 days from the date of its effectiveness.
(c) notified the transfer decision, the worker shall be entitled to choose between transfer, receiving compensation for costs, or the extinction of its contract, receiving a compensation of 20 days of salary per year of service, prorating for months the time periods below a year, and with a maximum of 12 months.
(d) only may be moved with less than ten years and older workers only once, except in cases of collective transfer of the work or closure of the Center.
(II) compensation to receive for the transfer by the service needs will include:-transportation of the person concerned and family members who live with him.
-Transport of furniture, clothes and furnishings.
-Compensation in cash equivalent to two months of real wages.
The approximate amount of the previous expenses shall be paid in advance when the person concerned claims it.
In either case, the period of return to the new job will not be less than 30 days from its notification in writing worker.
Article 25. Domestic partners.
Full equality remembers of the matrimonial property regime in fact couples rights, whenever the existence of such a condition, being the appropriate and necessary means for this certification registry of couples in fact shall be duly accredited.
Article 26. Life insurance.
Companies commit to subscribe for each of their employees life insurance for the following insured capitals: to) 14.000,00 EUR in case of death.
(b) 14.000,00 EUR in case of total and permanent disability professional.
(c) 14.000,00 EUR in case of absolute and permanent disability.
Guarantees absolute permanent disability and permanent total disability shall cease, in any case, at the end of the year of insurance and within which the insured person meets the age of sixty-five years.
Liability of companies is limited, exclusively, to the consequent policy subscription and payment of the premium. Workers will no longer be included in the policy when the employment contract is extinguished for any reason.
Article 27. Health surveillance.
Companies shall ensure to workers at your service regular and voluntary surveillance of their State of health, on the basis of risks to the worker, with a special assessment of the risks that may affect workers in a situation of pregnancy or recent childbirth and especially sensitive workers to certain risks, applying the honors medical Protocol for users of PVD of the Ministry of health (visual function questionnaire is exposed (, musculoskeletal symptoms, characteristics of the task and the mental load evaluation) or regulations that will replace it.
Such frequency shall not exceed two years, except for the initial assessment of the health of workers by the incorporation to work, or after the assignment of specific tasks with new health risks, and the assessment of the health of workers who resume work after an absence prolonged for reasons of health.
Health surveillance measures shall include analysis of blood and urine, electrocardiogram, from 40 years or when there is a family history of risk, and eye screening auditory function and the musculoskeletal system, for those who request it.
Article 28. Social Security.
En_caso_de illness or accident at work both representations agree to establish a complement to economic benefits from Social security or work accident insurance, in the following amounts: to) in cancellations due to temporary incapacity by common illness or non-work accident, up to twenty days, will consist of 30 per 100 of the basis of calculation of the economic benefit.
(b) in cancellations due to temporary incapacity by common illness or non-work accident, more than twenty days, it completed to 100 per 100 of the basis of the calculation of the economic benefit for the duration of the temporary disability.
(c) to lows for temporary disability by accident at work, occupational disease or hospitalization, also are complete up to 100 per 100 of the basis of the calculation of the economic benefit.
These percentages have been set taking into account that, at this time, benefits for temporary disability due to common illness or non-work accident, until the 20th day are 60 per 100 of the basis of the quote on Social security rather than the 75 by 100 as it came to be.
Article 29. Interest-free loans.
1. the personnel who have at least two years of seniority in the company, shall be entitled, for own needs, whose expenditure must be accredited, a consistent interest-free loan, as Max, an amount equivalent to 60% of an annuity of salary designated for your group and professional level in the tables referred to in article 13 of this collective agreement.
2. this loan will be refunded to the company in the fee requested by the worker with a maximum period of repayment in 48 monthly payments.
3. exceptionally, the employee with an advance in force may, on substantiated grounds, renew any of the amounts requested, provided it has elapsed, at least, 75% amortization period provided initially for the loan in force. To do this, be to cancel, with the granting of the new amount, the slope of the former principal.
Article 30. Support for studies.
1 companies, depending on the human and professional development of its employees, shall grant you, to study subjects directly related to this sector of activity and with its better and more training and training for his promotion within the company, officially recognized centers in: to) 80% of tuition fees or education fees , as well as the amount of books, up to the maximum of the amount equivalent to one-sixth of the annual salary set for their professional level in article 13 of this collective agreement.
(b) to facilitate and harmonize, permitting the Organization of work, working with class and study hours.
In the event that such studies are taught in public and private schools, the above obligations of the company does not extend beyond which are specific to the relevant public institution.
2. the right to this help will lose it during the succeeding if you approve not more than 50% of subjects, materials or credits that had been registered.
3. we will grant permission paid by the time necessary for the realization of necessary examinations to obtain a degree.
Article 31. Transport plus.
In order to contribute to the expenses of transportation of personnel, is established a transport of 3.37 euros plus per day of work. That plus will be perceive by the worker on Sundays, public holidays, vacation days and days of absence to work for any other reason, justified or unjustified.
Article 32. Outputs and diets.
1 if service needs for any move any worker of the locality in which usually has its destination, the company paid you in respect of supplies of expenses, as well as the costs of locomotion, a diet: to) a meal outside: 23,61 euros.
(b) two meals out: 37,81 euros.
(c) to spend the night out: the company will establish a system of payment of justified expenses (room with bath or shower) or housing, applicable to their employees.
2. when the worker can not return to eat at his home by entrust him the company different from the usual works, even if it is within your local area, will be entitled to the diet food.
3 when displacement lasts more than 60 consecutive days, the amount of allowances will be reduced on a 50 by 100.
4. the companies may also establish a system of expenses to justify, both catering and hotels, in lieu of allowances provided for in this article.
Article 33. Costs of locomotion.
When travel or displacement caused by the company's needs, workers used their private automobile, be paid at the rate of 0.30 euros per kilometre.
Article 34. Child care assistance.
The company will pay the amount of 300,00 euros gross per year, they shall be assessed at 11 months, for each child under 3 years, it is provided that the age of the worker in the company more than a year. Where both spouses work in the company, such assistance would be perceived only by one of them. This child care support may be replaced by ticket-child care.
It should be perceived in cash aid worker must justify the destination with justification of the expenses incurred by this concept.
Article 35. Eventual contract by circumstances of the market or the production, accumulation of tasks or orders excessive.
The maximum duration of these contracts which are formed by the companies affected by this Convention may be twelve months within a period of eighteen months. In the event that they conclude by less may be extended that period by once by agreement between the parties, unless the total duration of the contract exceeds the maximum period.
Terminated the contract for expiry of the agreed time, provided that the total duration of this has been more than six months, the worker is entitled to compensation at the rate of twelve days per year worked.
Chapter VI article 36 disciplinary regime. Faults.
Workers will be sanctioned by the management of enterprises in accordance with the graduation of fouls and penalties established in the following paragraphs. All lack committed by a worker shall be classified, according to their importance, significance and intention in mild, serious or very serious.
They are considered to be minor misconduct: 1. lack of punctuality three during the month without justified cause.
2. the non-communication in due time of failing to work for cause, unless you test the impossibility of doing so.
3. lack of personal hygiene and personal cleanliness.
4. lack of attention and diligence with the public.
5. discussions affecting the smooth running of the services.
6 failure to work one day a month without just cause.
7. the occasional drunkenness.
They are serious offenses: 1. missing two days to work without justification, or more than three unjustified lack of punctuality during the same month.
2. the simulation of disease or accident.
3. simulate the presence of another worker, making use of its card, signature or card.
4 change, look at or stir the cupboards and clothes of the companions without proper authorization.
5. those committed against the labour discipline or the respect due to his superiors.
6. the recidivism in the minor misconduct, even if they are of a different nature, within a quarter, when sanctions have been mediated.
7. the neglect of work without just cause.
8. the neglect on the job when it causes serious injury.
They are very serious offenses: 1. Miss work more than two days a month without good cause or more than twenty unjustified punctuality fouls committed in a period of six months, or 40 for a year.
2 fraud, disloyalty and breach of trust in the entrusted managements.
3. theft and robbery, both to other workers and the company, or any person within the premises of the company or out of it during the Act of service.
They are included in this section, to falsify data to the representatives of the workers, if such falsehoods, malicious purpose, get some benefit.
4. the proven malingering; disable, destroy or cause malfunctions in machines, equipment, plant, buildings, appliances and departments of the company; having gone over the worker judgment of the competent courts by offence of theft, robbery, fraud, and embezzlement committed outside the company, that can encourage distrust of its author; the continuous and habitual lack of cleanliness and personal hygiene, which produce justified complaints from colleagues; drunkenness during the work; engage in the same activity work involving competition to the company, if not half the same authorization; ill-treatment of Word and work or serious lack of respect and consideration to bosses, peers and subordinates; leave work in positions of responsibility; recidivism in serious, albeit of a different kind within the same quarter, provided that they have been sanctioned.
5. the repeated and unjustified faults of attendance or punctuality to work; the insubordination or disobedience in the work; offenses the verbal or physical to the entrepreneur to persons working in the company or family members who live with them; the transgression of contractual good faith, as well as the abuse of confidence in performing the work; the voluntary and continuous decrease in normal or agreed upon work performance; and habitual drunkenness or drug abuse if they negatively affect the work.
6. the harassment on grounds of sex or sexual and moral harassment: conduct verbal, physical, or sexual nature unwanted by the victim, which, developed in the scope of the employment relationship, suppose an attempt against freedom or sexual indemnity of one or another co-worker, as well as request of these favours of a sexual nature causing a situation objectively and seriously intimidating, hostile or humiliating the victim.
Article 37. Sanctions.
Sanctions regime: corresponds to the company the power to impose sanctions in accordance with the provisions of this Convention.
The sanctions require communication motivated worker. In any case, the company will notice to the legal representatives of the workers, at the same time that the affected, any sanction imposed.
The maximum penalties which may be imposed in each case, according to the severity of the foul, will be as follows: to) for minor misconduct: verbal reprimand, admonition in writing, suspension of employment and salary of a day.
(b) for serious misconduct: suspension of employment and salary of two to ten days.
(c) for very serious misconduct: since the suspension of employment and salary of eleven to sixty days, until the dismissal.
Chapter VII Union Rights article 38. Trade union rights.
Trade union rights you will be provisions in the legislation in force at any time.
Article 39. Company, Union delegates of personnel, health and safety committees and committees of prevention.
(a) in the case of members of the Works Council, trade union delegates, or where there are several delegates of personnel in the company, you can accumulate, in one or several of them, the legal reserve of hours that all rightful.
When in the workplace there is a single delegate from staff, means that credit hours of booking is quarterly and by a total of 45 hours.
(b) in the case of a significant decrease in the template, there will be automatic reduction of workers representatives, to adjust the volume of staff, members unless such reduction involves the complete disappearance of legal representatives of the workers.
It means significant decrease template, when this occurs in 10% with respect to the average employee active in a period of three months.
(c) the delegates of prevention, in accordance with the provisions of law 31/1995, shall be appointed by and among the staff representatives, in the area of representative bodies provided for in this rule.
The health and safety Committee also shall be in the cases provided for in article 38 of this law.
In both cases, the competences and powers of this representation shall be those set forth in the above mentioned legislation and its implementing rules.
Article 40. Of trade unions.
1. companies must respect the right of all workers to organize freely, unless they can hold their employment to the condition that they not join or renounce their affiliation.
As a result, nor can companies dismiss, or otherwise harm, its workers because of trade union activities which come to recognized.
2. Trade Union representatives participating in commissions negotiating collective agreements and joint committees envisaged in them, keeping their links as a worker active in any company, shall be entitled to the paid permits which are required for the proper exercise of their work as negotiators, provided that the company is affected by the negotiations.
First additional provision. Joint sectoral Committee's interpretation and application of the Convention.
1. to all those issues arising from the application of the present collective agreement and existing and applicable legal regulations is the next Joint Commission: headlines: LEAS-ASNEF-AEF: four members appointed by them.
CC. OO.: Two members appointed by COMFIA - CC. OO.
U.G.T.: Two members appointed by the FeS - U.G.T.
Substitutes: LEAS-ASNEF-AEF: four members appointed by them.
CC. OO.: Two members appointed by COMFIA - CC. OO.
UGT: Two members appointed by the FeS - UGT.
2 requested the call by either of the two parts of the Commission, it shall meet within a maximum period of fifteen days. The call must be done through the Association of entrepreneurs or the signatory unions.
3 will be functions of this Joint Commission: to) inform the labour authority on many questions arise about the interpretation of this Convention.
(b) functions of arbitration and mediation in matters referred by the parties for its consideration.
(c) to monitor the implementation of what is agreed in the present collective agreement.
d) meet and decide the issues which arise in the field of functional, personal and territorial scope of application of this collective agreement; promotion and promotion, suitability of courses and evaluations, assistance and improvement of training courses, assistance to the same failure and lack of these and, therefore, computation of seniority required for promotion, and changes to timetable in the absence of legal representation of the workers in the enterprise, as well as the resolution of discrepancies raised by the application of the professional classification established in professional groups covered in this Convention.
(e) meet and decide issues that arise them in the field of safety and health at work, in accordance with the provisions of the second additional provision.
(f) in addition to the functions set out above, this sectoral joint Commission suit, at the time of its Constitution, its rules of operation at the current legal regulations at any time, including the functions and competence to establish such regulations.
4. the Joint Committee may also be convened during the years 2011 and 2012, for which each of the trade unions signatories and members of the Joint Committee shall be entitled to a credit of 60 hours per year.
5. inside of the Joint Commission, the agreements shall be adopted, unanimously, or, failing that, by a simple majority, and will be reflected in a concise report that will subscribe to all those attending the meeting.
6. for the validity of agreements, will be required, at a minimum, the presence of more than 50 per 100 of the members for each part.
Second additional provision. Joint sectoral Committee of health and safety.
1. to all those issues arising from the application of the collective Convention surveillance of health and safety at work, the next Joint Commission is: headlines: LEAS-ASNEF-AEF: four members appointed by them.
CC. OO.: Two members by COMFIA-CC. OO.
UGT: Two members appointed by the FeS-UGT.
Substitutes: LEAS-ASNEF-AEF: four members appointed by them.
CC. OO.: Two members appointed by COMFIA-CC. OO.
UGT: Two members appointed by the FeS-UGT.
2 requested the call by either of the two parts of the Commission, it shall meet within a maximum period of fifteen days. The call must be done through the Association of entrepreneurs or the signatory unions.
3 will be functions of this Joint Commission: to) represent the sector of financial credit establishments, of «Factoring», «Lease» and «Renting», to the Foundation for the prevention of occupational risks, being its valid interlocutor, and therefore promoting concrete actions and projects for the sector in many subjects are those of its competition.
With such character, collaborate with the Foundation in the follow-up of the implementation of approved initiatives, as well as the same request the inclusion of the peculiarities and needs of the sector reference, within its overall objectives and the general plan established.
(b) ensure compliance with the provisions in article 25 of this Convention and, where appropriate, refer to the Joint Committee on interpretation, any issues arising from the application and interpretation of articles relating to safety and health at work, accompanied, if necessary, the corresponding report.
4. inside of the Joint Commission, the agreements shall be adopted, unanimously, or, failing that, by a simple majority, and will be reflected in a concise report that will subscribe to all those attending the meeting.
5. for the validity of agreements, will be required, at a minimum, the presence of more than 50 per 100 of the members for each part.
Third additional provision. Sectoral joint Committee on equality.
1 is created the Commission for equal opportunities with identical joint composition as those listed above for other joint sectoral committees.
2. the objective of this Commission will be to track compliance and development of legal measures and those provided for in this Convention to promote the principle of equality and non discrimination, as well as complaints that may result from breaches of the same.
3. to this end, the Commission shall meet at the request of any of the parties and at least once a year.
Fourth additional provision. Holiday.
The holidays provided for in article 19(1) of the present collective agreement come from the inclusion of the two days of permit paid to own issues that were granted in article 15.5 of the collective agreement of 2002.
Fifth additional provision. Clause from updating pay and productivity.
The economic amounts laid down in the articles 13.31, 32 and 33 shall be increased by 2% with effect from January 1, 2012.
The provisions of this clause shall not apply to the table included in article 14 or other figures of the collective agreement.
Taking into account the accounting end result after taxes, companies be paid, where appropriate, pay in the first half of 2012 and 2013, once verified this result in fiscal 2011 and 2012 respectively, by applying the following percentages to tables of article 13 of the Convention:-losses: 0%.
-Higher than the previous year benefits: 0.75 euros.
-Benefits higher than the previous year in two-digit percentage: % 1.
The previous concepts, amounts and percentages are not cumulative.
Sixth additional provision. Out-of-court settlement of labour disputes.
The parties to this collective agreement agree to establish voluntary procedures of settlement of collective disputes, in relation to the interpretation and application of the agreement and its adaptation to the circumstances in which lends itself and develops work in the company; in relation to any discrepancies that may exist, in your case, after the course of maximum period of bargaining without reaching an agreement, in accordance with paragraph g) of the article 85.3 of the Statute of workers; any discrepancies that may arise in the negotiation for the substantial change in the modifications of work set forth in the present Convention, pursuant to article 41.6 of the Statute of workers, as well as with regard to the discrepancies in the bosom of joint committees and conflicts of competition between different environment conventions, assuming the content of the agreement on extra-judicial disputes settlement (ASEC) existing in every moment , that, for these purposes, is given here for entirely reproduced as an integral part of the present collective agreement.
For these purposes, it will be to bodies established in the regions in order to its competence and procedures.
Prior to the exercise of the right to strike, it will be necessary to exhaust the voluntary procedures of settlement of disputes provided for in this provision.
Seventh additional provision. Conditions of exclusion.
Wage boards, which are set in the present collective agreement shall not be obliged or required application for those companies whose situation and prospects could be damaged as a result of the salary regime established in the present collective agreement, affecting the maintenance of employment possibilities.
The companies that are in this situation will put it to the attention of the Joint Commission, which shall decide in the light of the information provided.
The communication must be in writing and it will be included the following documents:-companies claiming such circumstances must be submitted to the unit and Union representation accurate documentation (balance sheets, accounts of results and, where applicable, auditors or accountants accounts report) that justifies a differentiated salary treatment. Addition, the presentation of an explanatory memorandum of the economic causes that motivate the request, which shall contain the financial and economic situation of the company and the affectation to the maintenance of employment is required.
-Also, they will explain the general measures that have been planned for the viability of the company and the maintenance of employment.
-Also the supporting documentation of the cause resulting in the application of the failure must be attached.
In case of discrepancy on the valuation of such data, reports of Auditors or censors of accounts, according to the circumstances and dimension of the companies may be used.
In this sense, in those of less than twenty-five workers, and economic cost that this entails, the report of the Auditors or chartered accountants by the documentation that is accurate within the one mentioned in the preceding paragraphs, to irrefutably demonstrate the situation of loss shall be replaced.
Finally, for the event of a discrepancy between the parties with respect to provisions and prior to any claim, the signatory parties of the Convention assume the contents of the agreement on the extra-judicial settlement of conflicts (ASEC) labour force in each moment, that, for these purposes, gives here entirely reproduced as an integral part of the present collective agreement.
The legal representatives of the employees are required to treat and maintain the largest reserve in the received information and data that have had access as a result of the provisions of the preceding paragraphs, noting, therefore, with respect to this, professional secrecy.
The eighth additional provision. Employment.
Aware of the special economic situation that exists at the moment, the parties understand that a priority is the defense of employment in the sector, so it commits to work to try to keep the greatest possible employment stability.
To this end, before any templates reset, adopt the following commitments: 1. companies, before using the routes which are legally provided for, will meet with the representation of workers to address, through the way of the dialogue, the possible solutions in order to minimize the impact on the employment measures who decide to adopt.
2 possible agreements that may be reached in case of readjustments vegetative and proposed voluntary routes will be used to try not to resort to records or objective dismissals for organizational reasons.
3. in the case of disciplinary dismissals, the parties reaffirm the will that these only occur to modify or suppress irregular conduct. Therefore, he shall report in writing to affected workers of the slight lack, serious or very serious and of such notification will be copy the representation of workers.
4. the companies undertake to use the formation paths employees to carry out another task other than that for which they were hired, by agreement between the parties. The implementation of these training policies, which will serve to facilitate the transition to new functions will be consulted with Union representation.
5 will be the Joint Commission's competence know, in General, the evolution of employment in the enterprises from the scope of application of this collective agreement.