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Resolution Of 14 Of September Of 2011, Of The Address General Of Work, By Which Is Recorded And Publishes The Convention Collective State For The Industries Of Elaboration Of The Rice.

Original Language Title: Resolución de 14 de septiembre de 2011, de la Dirección General de Trabajo, por la que se registra y publica el Convenio colectivo estatal para las industrias de elaboración del arroz.

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TEXT

Having regard to the text of the State Collective Agreement for rice processing industries, Convention Code number 99000335011981, which was signed dated 28 July 2011, by the business association UNIADE-PYMEV on behalf of the companies in the sector, and of the other by the trade unions CC.OO. and UGT on behalf of the employees of the sector, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree Legislative resolution of 24 March 1995 approving the recast text of the Law on the Statute of the Workers and In Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Work General Address resolves:

First.

Order the registration of the 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.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, September 14, 2011. -Director General of Labor, Raul Riesco Roche.

State collective agreement for rice processing industries

Article 1. Functional Scope.

This collective agreement affects all companies, Cooperative Societies, and Agricultural Companies, dedicated to the processing of rice and by-products of the same.

Article 2. º Territorial Scope.

It will affect all companies whose work centers radiate throughout the territory of the Spanish State, as well as all those that are established in the future.

Article 3. Personal Scope.

This agreement includes all workers who provide their services on behalf of companies that are indicated in the functional field, as well as those who subsequently enter to provide services.

New income staff will, in any case, be entitled to the supplementary remuneration of the job to which they are assigned.

Article 4. Time Scope.

The duration of this agreement shall be from 1 January 2011, ending on 31 December 2013.

Article 5. º Vigency and Extension.

This Convention shall enter into force for all purposes on 1 January 2011, irrespective of the date of its publication in the Official Gazette of the State.

It will be extended for periods of one year, provided that it does not mediate the timely denunciation, with at least one month in advance. Such a complaint can be made by any of the Central Trade Unions or Business Associations, both parties committing themselves to start negotiations in January.

Article 6. More beneficial conditions.

The most beneficial conditions that the workers would have enjoyed in their personal or collective capacity prior to this agreement will be respected.

The subsequent legal increases in salaries to the first of January of the current one will be absorbed by the improvements agreed upon in this agreement.

Item 7. Staff Classification.

7.1 The classification of the staff entered in this convention is merely indicative, and does not imply the obligation to have all the places listed, if the need and the volume of the industry do not require it.

In the factories which do not have workers of all categories by their staff, one must carry out the tasks of several, and will receive the highest remuneration corresponding to this agreement to the work that performs.

7.2 The staff providing their services in the industries of the functional scope of the convention shall be classified in the light of the role they perform, in the following professional groups.

a) Technical, Administrative, and Commercial Personnel.

b) Production Personnel.

c) Miscellaneous Office Personnel.

d) Subalternate staff.

7.3 Within the groups described in the preceding paragraph, the staff shall be classified in the following categories:

a) Technical, Administrative, and Commercial Personnel.

1. Chief of Administrative, Commercial or Technical Section.

2. First administrative or commercial officer.

3. Second administrative or commercial officer.

4. Administrative Auxiliary.

5. Phone call.

b) Production Personnel.

1. Section Manager.

2. First-section Molero/Officer

3. Mill Assistant/Second Section Officer

4. Specialist officer

5. Specialist Mechanical Carretilla.

6. Specialist Pawn.

7. Pawn.

8. Driver.

c) Multi-service personnel.

1. First officer.

2. Second officer.

3. Officer 3rd.

d) Subalternate staff.

1. Vigilant or watchful eye.

2. Doorman or concierge.

3. Cleaning staff.

4. Ordinance.

Article 8. º Definition of categories.

a) Technical, administrative and commercial personnel.

1. Head of administrative, commercial or technical section: It is the employee who, under the immediate dependence of the management, assumes the command and responsibility of one or several administrative, commercial or technical sections, having to his orders the staff which requires each of the services. You must possess the theoretical and practical knowledge that requires such functions, being entitled or not entitled.

2. First administrative or commercial officer: It is the employee who is in charge of a given bureaucratic service, within which he exercises initiative and has personality, with or without other employees to his orders, and who performs the following functions or other similar functions: Cash collection and payment, without signature or free circulation; transfer of books of current accounts, daily, major and correspondence, invoices and calculation of the same, statistics, parts, etc.

3. Second administrative or commercial officer: It is the employee who with initiative and restricted responsibility performs auxiliary functions of statistics and accounting, or assists them.

4. Administrative auxiliary: It is considered as such to the employees that without initiative or responsibility are dedicated, within the office, to administrative elementary operations and, in general, to the purely mechanical inherent to the work of that one. Only copycat typists are included in this category.

5. Telephone: It is the employee who has the task of managing the telephone exchange for the communication of the different dependencies with each other and with the outside.

b) Production Personnel.

1. Section Encharged: It is the employee who directly depends on the Technical Section Chief, directs the work of a section, indicating to the staff in charge how to execute them. You must have knowledge of one or more specialties and be responsible for the discipline of your staff.

In certain sections, their functions may be the management, control and distribution of tasks of the staff in charge.

2. Molero/First Section Officer: It is the specialized employee who under the immediate dependency of the Directorate, Management or Head of Technical Section, is trained to carry out one or more of the following functions is a rice mill, a parboiled plant, a drying center, a cooked dish plant or a packaging plant.

To take care of the operation, monitoring and inspection of all machinery, performing operations on point-to-point, adjustment and maintenance that do not require the intervention of the workshop staff.

You must distinguish the botanical varieties of the rice, its quality, condition and conditions, in order to obtain the maximum yield in the different types of production.

You must immediately give a written account of how many incidents or anomalies may arise at the plant in your office and that they cannot be remedied by your own media, either your immediate boss or the appropriate service for your intervention.

You must know the operating and maintenance manuals of the equipment in your office, as well as the operating principles of the entire machinery under your responsibility. You will also need to know all the work procedures, safety standards, hygiene rules, etc. that affect your area. To do this the company will facilitate its training.

You will be responsible for your staff and discipline, as well as the good use of machinery and equipment.

3. Molero Assistant/Second Section Officer: It is the specialized employee who can be held responsible by the Chief Technical, Molero or Section Head, and with appropriate practical knowledge. industry production line, performing one or more of the following functions:

-Molino, parboiled or dried. Replace the mill or replace its absences and work in collaboration with it, controlling the proper functioning of the machinery and its small repairs ..

-Esterized. Carry out storage, fumigation and cleaning of rice produced by controlling elevators and conveyors.

-Packaging. Control the operation of a complete line or train of packaging or automatic or manual packaging, including tasks of regulation, maintenance and minor repairs of the machinery.

-Cooking. Control the operation of machinery, including regulatory, maintenance and minor repairs.

In the absence of the mill, you will be responsible for the staff and your discipline, as well as for the good use of the machinery and equipment and you will need to give written account immediately of how many incidents or anomalies may arise in the plant in charge and which cannot be subsated by its own means, either to its immediate boss or to the corresponding service for its intervention.

4. Specialized Officer: It is the employee who can provide specialized services in any of the sections of the industry, having also very good knowledge of the operation of a production unit or machinery determined.

You can replace the Molero Assistant/Second-Section Officer in the absence of this, and only in your own functions.

5. Officer Specialist Mechanical Carretilla: It is the employee with extensive experience and mastery of forklift handling and practice in loading and unloading operations.

6. Peon Specialist: It is the employee with practice in the manual works of the various sections of the industry, being able to handle exceptionally forklift trucks.

You can occasionally replace the Specialized Officer in the absence of this. The old ones are considered to be assimilated to this category: Carrethillero, Manipulator, Styler and Lonja Pesator.

7. Peon: These are those employees who perform functions for which no specialization is required, nor theoretical-practical knowledge, since their work only requires physical strength and does not require other conditions than attention and the will to carry out that which is ordered. Workers in this category of age over eighteen years, and when they remain two years old, from their entry into the company, will automatically go to the category of specialist pawn. Former packers and coasters are considered to be assimilated to this category.

8. Conductor: It is the employee who with driving licence of the corresponding class and theoretical-practical knowledge of the vehicle, drives the trucks or passenger cars that are entrusted to him. It directs the conditioning of the load with active participation in it, understanding it as mere relief work, placing itself in the box of the vehicle if necessary, without being able to take such tasks exclusively, nor the driving the packages from the place where they are or vice versa. It shall also be the employee who, with theoretical-practical knowledge of the vehicle, conducts and manipulates heavy machinery, provided that he spends at least six months in one year or eight months in two years to the driving of this type of machinery, without the need for the possession of the meat Truck in force.

c) Staff of various trades (Albanese, mechanics, electricians, carpenters, painters, etc.).

1. First Officer: It is the employee who under the immediate orders of his superior executes with full knowledge his team's own works with consequent responsibility for its realization. He directs the employees to their position in the way of doing the work and is responsible for the discipline of the works, as well as the good use of materials and equipment.

2. Second Officer: It is the employee who at the orders of his/her immediate superior performs the work of his/her specialization and can replace the first officer in his/her absences.

3. Third Officer: It is the workers who perform auxiliary tasks to the second and first officers, in order to develop their learning. Within three years of your entry into the Company you will automatically move to the category of second officer.

d) Subalternate Staff.

1. Vigilant Or Vigilant: It is the employee who has the exclusive role of daytime or night surveillance, and must perform his duties according to the instructions received from his superiors, taking care of the factory or local access.

If the vigilante is sworn in he will hold the denomination in his "Vigilante Jurado" category.

2. No. Portero or Conserje: is the worker who according to the instructions received from his superiors, takes care of the accesses of factories or industrial premises, controlling the entrances and exits of the staff and performing functions of custody and surveillance.

3. Cleaning Staff: They are responsible for cleaning the premises of the company.

4. Ordinance: This category will have the subaltern whose mission is to do errands in or out of the office, copy documents with press, collect and deliver correspondence, guide the public of the office, attend small telephone exchanges that do not occupy you permanently, as well as other side jobs ordered by your bosses.

Article 9. Organization of the job.

The organization of the Job corresponds to the Company Address.

When this faculty assumes a substantial modification of the working conditions, it will be provided for in Article 41 of the Workers ' Statute.

The organization of the job will be extended to the following issues:

1. The requirement for normal activity.

2. The awarding of the necessary items (machine or specific tasks) so that the worker can achieve the activities referred to in the previous number.

3. The fixing of both the "waste indices" and the acceptable quality, throughout the manufacturing process in question.

4. The surveillance, attention and cleaning of the machinery entrusted, taking into account, in any case, the determination of the amount of work and activity to normal performance.

5. The adaptation of the workloads, performance and tariffs to the new conditions that result from the change of a given operative method, manufacturing process, change of matter, machinery or any other the technical condition of the process concerned.

6. The fixing of clear and simple formulas for obtaining the remuneration calculations that correspond to each of the workers concerned, in a way and in a way that, whatever the professional group of the same and the The job they occupy, they can easily understand them.

7. The distribution of personnel, as provided for in this Convention.

What is set out in point 3. must be taken into account in determining the amount of work and activity to normal performance.

Article 10. Systems of scientific and rational organization of work.

Companies that establish systems of scientific and rational organization of work will seek to adopt in block some of the internationally recognized systems, in which case the system will be referred to by its name conventional. Otherwise, each of the key parts of the system and its organisational, technical and regulatory content shall be specified.

By means of a system of scientific and rational organization of work, we must understand a set of principles of organization and rationalisation of work and, where appropriate, incentive pay, rules for their application and measurement of the job and the measurement of positions.

In the establishment of any system of rationalisation of work, the following stages will be taken into account, inter alia:

a) Rationalization, description of tasks.

b) Analysis, assessment, classification and description of the jobs for each position or groups of jobs.

c) Analysis and setting of standard returns that may be individual or collective (by section or department).

d) Allocation of workers to jobs according to their skills.

Article 11. º Procedure for the implementation, modification or replacement of the work organization systems.

Companies that want to implement a system or that have it implemented will modify it by replacing some of its fundamental parts: The study of methods, the study of times, the regime of incentives or the The qualification of the posts shall be as follows:

(a) The Directorate shall inform the legal representatives of the employees of the implementation or replacement that it has decided to carry out on a prior basis.

(b) Both parties may, for this purpose, constitute a Joint Commission. The Joint Committee, by means of a report to be drawn up within a maximum of 15 days, shall express its agreement or disagree with the measure to be taken.

(c) If the agreement is not possible within a further 15 days, both parties may agree to submit to an arbitration.

d) If the disagreement persists, the implementation or modification of the system will be adjusted, in terms of its approval, to the provisions of the current labor legislation.

Workers ' legal representatives will be able to exercise initiatives in order to vary the established organizational system.

Article 12. º Review of times and yields.

It will be done by any of the following:

a) By reforming methods, means, or procedures.

b) When it was manifest and indubated in error of calculation or measurement.

(c) If at work there has been a change in the number of workers as long as the measurements have been made for equipment whose number of components is determined, or some substantial modification in the conditions of that.

d) By agreement between the company and the legal representation of the workers.

If the revision results in a decrease in the assigned time, a duration adjustment period of not less than one month per 10 per 100 decrease will be established.

Workers who are unhappy with the review will be able to claim individually with the competent authority, without this stopping the application of the new values.

Item 13. No normal or minimum performance, usual and optimal or type.

It will be considered normal or minimum performance and therefore payable, 100 of the centesimal valuation scale, which is equivalent to 75 of the UK standard and 60 Bedaux. It is the performance of a paid operator for time, whose rhythm is comparable to that of a man with the current physical that he walks without charge, in plain and straight line at the speed of 4.8 kilometers at the hour, during his entire day.

Usual performance is the one that repeatedly comes by getting every worker at every job in the normal conditions of their Center and over a significant period of time.

Optimal performance is 133, 100 or 80, on each of the above scales, and is equivalent to a 6.4-hour walk. It is a performance that does not impair the integrity of a normal worker, physically or mentally, during his entire working life, nor does he prevent a normal development of his personality outside of work. It constitutes the type or rhythm performance in the ILO text "Introduction to the Study of Work".

Article 14. Incentives.

A salary supplement can be established in terms of quantity and/or quality of work, at company level.

The implementation or modification of a scheme of incentives under no circumstances may mean that, in the same way, there is a loss in the remuneration of the worker, by this concept and in the same job.

Any claims that may arise in connection with the fees of these supplements must be made to the legal representation of the workers. If the complaint is not addressed within the undertaking, the competent authority may consider the appropriate complaint to be appropriate, without prejudice to the application of the fee for the complaint. The compensation provided for in the adaptation period shall be ensured, which shall be established at the level of the undertaking or the provincial convention where appropriate.

If during the adaptation period the affected worker or workers obtain higher than normal performance, they shall be remunerated in accordance with the rates that in anticipation of such an event would be established.

If in that period of adaptation the worker does not achieve the normal performance, it will be paid back as it would have achieved.

If any of the workers paid at premium or incentive did not give the agreed performance, for cause only attributable to the company, despite applying the necessary technique, activity and due diligence, they will be entitled to the the salary that would have been foreseen. If the reasons for the decrease in performance were accidental or not extended to the whole day, the worker should be compensated only for the time that the decrease lasts. To accredit this right, it will be imperative to have stayed in the workplace.

Article 15. º Mechanization and Campaign.

The mechanization or increase of the same does not mean job losses. It is established as the beginning of the campaign on September 1 and will end on August 31.

Article 16. Issue of crisis.

The provisions of the legislation in force will be in place.

In any case, the company will be obliged to communicate it to the Committee of the Company or representatives of the workers, prior to its intention to deal with any crisis file with the labor authority, with specification of the terms in which you are going to raise it.

Article 17. Change of ownership in companies.

When there is a change of ownership in the company, all workers will have an individual letter signed by the old and new company, in which their acquired rights, seniority, category, are recognized. etc.

Article 18. Revenue and promotions.

1. The company has an obligation to update the ranks of workers fixed-discontinuous in the first fifteen days of each year, and once updated to expose them in the bulletin board from January 15 to 31 eliminating those who have been discharged for any cause, except for sickness, accident and suspension of contract.

2. º The steps of fixed workers-discontinuous by category/specialty are established. It is understood by specialty as the plant of production or destination (mill, vaporized plant, packaging, cooked dishes, storage, treatment of by-products, treatment of ashes, etc.)

3. º All personnel who have worked twenty-four months, even if they are interrupted, regardless of the hiring mode, will automatically move to the scale of discontinuous fixups.

4. In addition, when there is a vacancy in any category/specialty within the scale of the discontinuous, this will be occupied by the worker/eventually with more time worked in the company, regardless of the category/ Craft that would be ostentatious.

5. The fixed-discontinuous workers will be called to the work by strict order of seniority in their category/specialty will also cease in the work according to the order of the least to the oldest in the same.

A notice is established by the two-day company for the calls to work of the discontinuous working fixed workers, which as specified, must be done in a rigorous order of seniority within each Category/speciality scale and for a minimum period of 15 working days.

The hard worker discontinuous who shows his high in Social Security in another company or who is high in the Special Regime of Autonomos, will have no obligation to go to work for a maximum of two calls, or one year (that which is more favourable to the worker), as long as their situation of high social security persists in the other company or in the Special Regime of Autonomos, however, it will retain all its rights to successive calls.

Instead, if you are given a low level of social security in the company where you are working, or if you leave the Special Regime of Autonomy, the worker must inform the company and its legal representatives of its availability, although you will only recover all your rights to be called from the next call made by the company.

6. For the assumption that a scale is complete working and it is necessary to hire more staff, the company will not be able to hire new income workers, as long as there are discontinuous fixed category/craft without work. In this case, the company will be obliged to call the oldest worker of any category/specialty that stands. This worker will receive the necessary renewal according to the category/specialty that he/she will occupy, but without giving up his/her, which he/she will occupy when in his/her origin he corresponds.

7. º If a worker, voluntarily decides to change from category/specialty, besides that it will be mandatory to notify the company committee or representatives of the workers, it will pass to the new and will occupy the last place of the same.

8. In case of vacancy in the establishment plan of the categories of production of the company, this will be covered by the worker with more seniority in the step of the job-discontinuous of the category in which I produced the low. In the event that no fijo-discontinuous worker of the category in which the discharge occurs, it will be covered by the oldest job-discontinuous worker in the company, of any category/specialty.

9. For the promotion and promotion of the administrative staff, the capacity of the administrative staff will be determined as a priority, that is, the set of skills for the occupation of the different jobs. The five-year-old auxiliaries in the companies will automatically move to the category of second administrative officer.

10. No particular job position may be occupied, not even rotatatively, by one or more workers of a lower category than that job for a period of more than six months, since in this case There is a low such post, which should be covered, awarding the category to workers who have been developing such work.

11. No person who receives any type of remuneration, whatever the source, may enter any job in the company, except for all those workers who receive a pension by accident or disease contracted in the company, unless the incapacity is absolute.

12. º Workers of older than eighteen years with a pawn category, when they remain two continuous years in the company, will automatically move to the category of specialist pawn.

Article 19. º Abono in kind.

Companies will give each worker ten kilograms of rice for particular consumption in each quarter of the year.

Article 20. Occupational Health and Workwear.

It is agreed to create a Joint Committee on the Prevention of Occupational Risks, made up of the parties to the present Convention, which is responsible for elucidating any discrepancies that may arise in applying the legislation in force in the labor health matters.

Every time the fumigation is carried out in some of the sections of the company, it will be obliged to issue, in advance, the legal representation of the workers, a report that must contain at least the following information:

− Commercial name of the product.

− Days of fumigation.

− Required hours of ventilation.

− Risk of exposure.

This report will be performed at least every time a new product is applied, without prejudice to the communication being made each time an application is made.

Before the start of the factory activity in the section, the non-existence of danger to the health of the worker or worker will be checked with the appropriate means.

In terms of work clothes and protective clothing, it will be agreed between each company and its employees, including the management staff. In any case, companies must provide their staff with:

(a) Regulatory footwear, as well as safety gloves determined by the safety standards for the workplace in question.

b) Working clothes every six months, one summer and one winter, before 1 May and 1 November respectively. Winter clothing must cover the minimum conditions to protect the worker or worker from the cold.

c) The company will deliver the PPE (Individual Protection Equipment) necessary for the development of the tasks entrusted, according to the risk assessment of the job. The worker undertakes to use them in those areas where the risk assessment has established that they are necessary and to take care of their correct use and conservation, informing the company when its replacement is necessary.

Article 21. º Excedences.

The signatories to this Convention shall ensure equal opportunities for men and women, as well as non-discrimination on matters of race, religion or any other condition, in accordance with the law National legislation, case law and Community directives. Special attention will be paid to the compliances of these precepts in:

-Access to employment.

-Stability in employment.

-Equal pay in jobs of equal value.

-Vocational training and promotion.

-Work environment free of sexual and moral harassment.

To compensate for gender inequalities that discriminate against women in the workplace, positive actions will be developed in access to employment, stability in recruitment, training and diversification. professional, professional and remuneration promotion.

From a year of seniority in the company or in the scale of discontinuous fixed, workers may apply for leave of absence, the duration of which will be from four months to five years. After the end of this period, he will take up the same job and category or scale. This right may only be exercised by the worker only if four years have elapsed since the end of the previous leave.

The worker may apply for leave of absence for the care of family members, up to 2. degree, for a maximum period of three years, such leave may be enjoyed in a split manner.

The worker may apply for leave to attend to the care of each child, whether by nature or adoption, or in the case of a permanent and pre-adopted accommodation, to be counted from the date of birth or, where applicable, the judgment or administrative decision, such leave of absence, for a maximum period of three years, may be given in a split form.

The worker may apply for leave to attend to the care of a family member up to the second degree of consanguinity or affinity for a maximum period of three years, which for reasons of age, accident or illness cannot be recovered. by itself, and does not carry out paid activity. The enjoyment may be split.

The period of leave in both cases shall be computed for the purposes of seniority and the worker or worker shall have the right to attend vocational training courses during which he or she shall be eligible for participation. called by the employer, especially on the occasion of his reinstatement. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

Excess care for family members constitutes an individual right of workers, men or women. However, if two or more employees 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.

When a new deceased person is entitled to a new period of leave, the start of the period will end where he/she has been enjoying himself.

Article 22. Reconciliation of family and work life.

Breastfeeding. -Workers, who are breastfeeding a child under nine months of age, will be entitled to one hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases.

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 in full days in the terms foreseen in the collective bargaining or in the agreement to arrives with the employer, respecting, where appropriate, what is established in that case.

This permit may be enjoyed interchangeably by the parent or parent in case both work.

Reduction of the Day: Who for reasons of legal guardian have to their direct care some under 8 years or a physical or mental diminished or sensorial, that does not perform a paid activity, will be entitled to a reduction of the (a) day, with the proportional reduction of the salary between, at least, an eighth and a maximum of half of the duration of that. It shall have the same right to take care of the direct care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and which does not carry out paid. The time-frame and the determination of the period of the reduction of the day shall correspond to the worker or worker, within his ordinary day, who must prewarn the employer 15 days in advance of the date on which he/she is reintegrate into your ordinary day.

In cases of births of premature infants or, for any cause, they must remain hospitalized after delivery, the mother or father shall have the right to reduce their working day up to a maximum of two hours, with the proportional decrease in salary.

The right to the reduction of the day implies that the same will always be done in the usual worker's center of work.

The reduction of working time for family reasons is an individual right of workers, men and women. However, if two or more employees 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.

Suspension of work contract with right to job reservation

For maternity or paternity. -The suspension will last for sixteen weeks, which will be enjoyed uninterrupted, expandable in the case of multiple birth or disability of the child in two weeks for each child. from the second. The period of suspension shall be provided at the option of the person concerned, provided that six weeks are immediately after delivery. Without prejudice to the immediate six weeks after the compulsory rest period for the mother, the mother may enjoy a certain and uninterrupted part of the post-birth rest period either at the same time or at the same time. the mother's successor, except that at the time of her effectiveness the incorporation into the mother's work poses a risk to her health. In the case of the death of the mother, the father may make use of the entire or, where appropriate, the portion of the suspension period.

In cases of preterm birth and in those where, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension, may be computed at the request of the mother, or in her absence, of the father, from the date of discharge. The first six weeks after the birth, the compulsory suspension of the mother's contract, is excluded from that calculation.

For adoption or reception of children under the age of six, or older persons of this age in the case of disabled or disabled children, or for their personal circumstances and experiences, or who have come from abroad special difficulties of social and family integration duly accredited by the competent social services: the suspension will last for sixteen weeks uninterrupted, extended in the case of adoption or multiple reception in two weeks more for each child from the second, counted at the choice of the worker, either on the basis of the administrative or judicial decision of the host Member State, or on the basis of the judgment in which the adoption is made. In the case of international adoption, the period of suspension may be initiated up to four weeks before the decision on the basis of the adoption. In the event that the mother and father work, the period of suspension shall be distributed at the option of the persons concerned, who may enjoy it simultaneously or in succession, always in the periods uninterrupted and with the limits indicated.

In both the delivery and adoption cases, the suspension may be enjoyed on a full-time or part-time basis, after agreement between the employer and the worker or the worker concerned, in the terms that are regulated to be determined.

Parental leave. The parent or other parent shall be entitled to the suspension of the contract for thirteen days uninterrupted in the case of child birth adoption or reception, whether pre-adopted or permanent or simple.

This suspension corresponds exclusively to the parent or other parent, is independent of the shared enjoyment of the regulated maternity rest periods. May exercise the right during the period from the end of the child's birth permit, provided for in law or conventionally or from the court decision establishing the adoption or from the decision the administrative or judicial body until the end of the suspension of the contract or immediately after the termination of the suspension. The enjoyment shall be a full day or part-time regime of a minimum of 50%.

In case of births of neonates with more than seven days of hospitalization, the suspension period is extended in as many days as hospitalized, with a maximum of 13 additional weeks.

Article 23. º Preventive measures sexual and moral harassment.

A commitment to an environment free of sexual and moral harassment is guaranteed. Sexual and moral harassment (mobbing) in a situation in which any verbal, non-verbal or non-verbal behaviour of a sexual and psychological nature occurs for the purpose or effect of attacking the dignity of a person, in particular when creating an intimidating, hostile, humiliating or offensive environment. These situations will give preference to the continuity of the victim's job and the person's transfer.

In the case of a complaint of sexual and moral harassment, and until the matter is resolved, the company. It will provide for the separation of the victim and the person who is suspected of harassment, the latter being the subject of mobility, without this meaning a substantial modification of the working conditions of the person suffering from the harassment. codes of good practice shall be developed and disseminated, providing for information campaigns and training and awareness-raising actions.

Article 24. Disease and accident.

(a) Any worker who becomes a temporary incapacity for work due to a common illness, the company will pay him from the sixth day of leave a supplement up to 100 per 100 of his real salary. It is understood by real salary all the remuneration that the worker is receiving for any concept.

b) In the case of accident or hospitalization, the company will pay you from the first day a supplement up to 100 per 100 of your real salary. 100% on maternity leave will also be paid.

Article 25. º Disciplinary Regime.

Workers may be sanctioned by the Company's Management in accordance with the graduation of faults and penalties that are set out in the following articles.

Article 26. º Graduation of faults.

Any failure committed by a worker will be classified, taking into account its importance, transcendence and intention, in mild, severe and very serious.

Article 27. ° Mild Fhighs.

The following are considered minor faults:

a) One to three faults of punctuality without justification in the one month period.

b) Do not notify on a prior basis or, if applicable, within twenty-four hours of the absence, except in case of force majeure, the reason for the absence to work unless it is proved impossible to have done so.

c) Abandonment of service without justified cause, even for a short time. If, as a result of the case, any consideration is given to the undertaking or is causing an accident to his or her co-workers, this fault may be regarded as serious or very serious, as the case may be.

d) Not attend to the public with due diligence and correction.

e) Discuss violently with colleagues within the workday.

Article 28. º severe high.

(a) More than three unjustifiable faults of punctuality in assistance to work committed in the thirty-day period.

b) One to three days is absent from work for a period of thirty days without cause to justify it. A single will be enough when you have to relieve a partner or when

c) As a result of the same, injury of any consideration to an undertaking is caused.

d) Do not communicate with the punctuality due to the changes experienced in the family that may affect the Social Security. The falsehood in this data will be considered to be very serious.

e) Delivering to games during the workday.

f) Disobedience to his superiors in any matter of work, including resistance and obstruction of new methods of rationalization of work. If there is a manifest breach of the discipline or of the discipline arising out of the undertaking, it may be considered to be very serious.

g) Simulate the presence of another to the job, signing or signing for it.

h) Neglect or neglect at work that affects the good march of it.

i) The recklessness in the act of work. If there is a risk of accident to the worker, to his or her companions, or danger of damage to the facilities, it may be considered to be very serious.

j) Perform without the appropriate permission particular works during the day, as well as the employment, for own uses, of tools of the company.

k) The recidivism in a minor lack (including punctuality), even if it is of different nature, within a quarter and having mediated sanction other than the verbal admonition.

Article 29. º very serious.

The following are considered to be very serious:

a) Unjustified faults to work for three consecutive days or five alternate days in a period of one month.

b) Fraud, disloyalty in the management and theft or theft, both to your co-workers and to the company or any other person within the company's premises during work in any other place.

c) The simulation of disease or accident. It shall always be understood that there is a lack of paid work of any kind on a self-employed or an employed basis. Any manipulation made to prolong the discharge by accident or disease shall also be included in this paragraph.

d) The continued and usual lack of grooming and cleaning, such as to produce justified complaints from colleagues.

e) drunkenness, drug trafficking, and the status of alcohol consumption or any other stupefying on the working day.

f) Violate the secret of correspondence or reserved documents of the company, or reveal to strangers to the same required reservation data.

g) Realization of activities that involve unfair competition to the company.

(h) The ill-treatment of words or work, abuse of authority or serious lack of respect and consideration for their bosses or family members, as well as their colleagues and subordinates.

i) Causing serious accidents by recklessness or negligence.

j) Reoffending in serious misconduct, even if it is of a different nature, provided that they are committed in the period of one quarter and have been sanctioned (except for punctuality).

Article 30. º Sanctions Regime.

It is up to the company to impose sanctions in the terms of the provisions of this convention.

The penalty of serious and very serious misconduct will require written communication to the worker, stating the date and facts that motivated it.

The company will account for workers ' representatives of any penalty for serious or very serious misconduct.

Imposed the penalty, compliance with the sanction may be extended up to six months after the date of imposition.

Article 31. Penalties.

The maximum penalties that may be imposed on those who incur the faults shall be as follows:

a. For minor fouls:

-Verbal assembly.

-Amonstation in writing.

b. For serious faults:

-Amonstation in writing.

-Suspension of employment and salary of two to twenty days.

c. For very serious faults:

-Amonstation in writing.

-Suspension of employment and salary from twenty to sixty days.

-Despid.

Any penalty imposed on a worker must be communicated to him in writing; a copy of it shall be submitted to the Works Committee or representatives of the workers. Failure to provide assistance to the worker for preventive detention as a result of the imputation of offences or offences, provided that such an imputation is not confirmed by judgment or firm judgment, shall not be regarded as unjustified misconduct for the purposes of exercise the dismissal.

When a worker is called by the Company to impose a penalty, a member of the business committee or employee representative may be present at the request of the person concerned.

If a worker with the category of driver is retired from driving, the company will have an obligation to give him a job within it, unless the cause of the withdrawal of the licence is due to drunkenness. during the time of such a sanction, then returning to its category and job.

Article 32. Enrollment.

-Mild high: ten days.

-Severe high: 20 days.

-Very severe high: sixty days.

All of them from the date the company became aware of its commission and, in any case, within six months of its being committed.

Article 33. º Retributions.

For all the salary concepts in the convention, the following increments are agreed:

− For 2011 the wage increase will be the corresponding to: 1.5% plus 0.30%.

− For 2012 the wage increase will be the corresponding to: 1.5% plus 0.35%.

− For 2013 the wage increase will be the corresponding to: 1.5% plus 0.40%.

The salary tables will be drawn up within 15 days after the official publication of the actual CPI for the previous year.

Pay Review Clause: Only and exclusively in the event that in any of these years the actual CPI exceeds 1.5%, the official publication of the actual CPI will be regulated the previous wage increases guaranteeing the Real CPI plus the agreed increase for each year of the convention (i.e. 0.30%, 0.35% and 0.40% respectively). Payment of the corresponding arrears shall be retroactive to 1 January of each year. In case of operating this salary review clause, the salary tables that are signed to the effect will serve as the basis of calculation for the salary tables of the following year.

The salary concepts of the workers affected by this agreement are as follows:

(a) Base Salary: The salary table describes the remuneration that this concept corresponds to each worker, according to their professional category, being able to express themselves in daily or monthly computation.

b) Plus convention: This concept is created on the basis of the recasting and consequent suppression of the old concepts of plus of assistance and social aid. Its size, for all categories is 5.84 euros per day effectively worked, considering these alone effects six working days weekly.

In the event that in any company the sixth day of the week is not worked, the amount of the corresponding plus corresponding to that day will be collected in full.

c) Plus transport: The amount of your amount is set at EUR 2.93 per day actually worked, having the same treatment as the one set out for the plus convention.

(d) Antiquity: In terms of seniority, it is agreed at the will of the parties to declare the inapplicability of the scale laid down in Article 28 of the National Labour Regulations for the Rice Industries, from 1 April 1988, and replace it with the following system:

Two biennes to 5 per 100.

A five-year period to 10 per 100.

A triennium at 5 per 100.

A four-year term at 5 per 100.

A triennium at 10 per 100.

A five-year period to 10 per 100.

These percentages will be calculated on the base salary corresponding to each category in force at any time.

The table resulting from this scale is reflected below:

At two years old, 5 per 100.

At four years old, 10 per 100.

At nine years old, 20 per 100.

At twelve years old, 25 per 100.

At sixteen years old, 30 per 100.

At nineteen years of age, 40 per 100.

At twenty-four years old, 50 per 100.

Considering the years completed from the day following the year reflected in the table above.

e) Plus for "fourth shift": The plus for "fourth shift", to be perceived by all workers who perform such a work system. This Plus will suffer the same increases set for the corresponding year.

Year 2011: 70.46 euros/weekly.

Article 34. º Extraordinary Gratitude.

The extraordinary bonuses of July and Christmas and the pay of San José, in May, will be paid on the basis of a monthly payment, which will consist of base salary plus the age corresponding to thirty days, plus of convention and plus transport.

Article 35. º Pluses and benefits from toxic, painful and night work

a) The night works will be increased, at least 30 per 100 on the base salary.

b) In the toxic and painful works Iran increased, at least 25 per 100 on the base salary, which will be proportional to the working day.

(c) In the work carried out in the cleaning of mechanical dryers, silos of reception of paddy rice, hoists of elevators, payusages and the treatment of ash, they shall be entitled to those who carry out such work to enjoy twelve minutes rest for each hour of work, in a place isolated from dust and noise.

Item 36. Diets and offsets.

To workers who, for the needs of the company, have to make trips or trips to populations other than those where they radiating their work center, the company will pay them the expenses of displacement, lodging and maintenance, apart from an economic compensation of € 8.01 per day, case of overnight stays, as a result of inconvenience and inconvenience.

If the work is carried out in such a way that the worker has to perform the midday meal outside the usual work, he will receive 4.01 € plus the travel and maintenance costs.

Article 37. º Income Tax.

Monthly Payroll Receipts will be completed in all of your paragraphs and will be stamped and signed by the company. In each of them, the cumulative tax base of the month in question will necessarily be reviewed for the purposes of the Income Tax of the Physical Persons, with a specification of the percentage of the deduction applied to each case, except for another agreement to be established at the request of the business committee, between the latter and the workers.

Article 38. Retirement.

1. By voluntary retirement of a fixed worker, the company shall pay the person concerned the following amounts:

Retirement at 60: 4,201,57 €.

Retirement at sixty-one years: € 3,781.42.

Retirement at sixty-two years: € 3,361.27.

Retirement at sixty-three years: 2.941.10 €.

Retirement at sixty-four years: € 2,291.84.

By making such amounts effective within six months of the date of retirement, in two instalments to 50 per 100.

If in the course of the term of this agreement the retirement age is reduced by law, the economic compensation referred to above shall be eliminated until the year before that of the retirement age.

2. The worker who, with an age of over 14 years of age at the age of 64, chooses, by common agreement with his employer, to benefit from early retirement, as laid down in the R.D. 1194/1985 of 17 July 1985, ask the company's management, at least sixty days before the end of the age of 64. In the event of an agreement the company will be obliged to facilitate the steps to be taken, so that this application will be fulfilled whenever the worker meets the legal requirements in force at every moment.

Article 39. Work Day.

During the duration of this Convention, the working day will be forty hours a week with an annual count of 1784 hours, with the completion of the 24 and 31 December days as days of rest.

Prior agreement between the Business Committee and the Address may not work on Saturdays by recovering those hours.

The management staff will enjoy the agreement of the Business Committee with the Management, of intensive working time, in the summer months, from 15 June to 15 September, with the schedule of eight to fifteen hours not recoverable from Monday to Friday.

Article 40. Vacation.

(a) The period of paid annual leave, not eligible for economic compensation, 22 working days per year, from Monday to Friday distributed in the period from 1 July to 30 September, beginning on the 1st of each month and will be perceived according to the calculation of the actual salary. It is understood by real salary all the remuneration that the worker is receiving for any concept. In any case, the holidays will not start on Saturday or Sunday or public holiday. In no case will they coincide with two holiday shifts for which the previous holiday calendar will be adapted for a maximum of three days ahead or three days from behind the period indicated above (1 July to 30 September) reflecting it in the work schedule.

These will be rotating in successive years and the lists will be placed on the bulletin board on April 1.

b) In the event that a working centre, between company and the legal representation of the workers, is agreed, a rotating holiday calendar applicable to the entire workforce during the 12 months of the year, those workers You will be able to enjoy the holidays outside the summer period (from 1 July to 30 September), you will receive a premium of EUR 426,51 for the 22 days or its proportional share.

In case of no agreement the content of paragraph A of this article will apply.

When the worker/a causes low transient disability and matches the assigned holiday date, a new holiday period will be assigned to him, once the medical discharge is obtained whenever the start of the IT occurs Until one week before the start of the holiday, the new holiday period will apply even if the year is in force. This minimum period shall not apply in the case of an occupational accident.

Fj-discontinuous staff will not be able to cease their activity in the company without having enjoyed the holidays that correspond to them according to the days worked.

Article 41. º Paid Licenses.

The personnel affected by this agreement shall have the right to enjoy, upon communication of the undertaking, in sufficient time to be feasible, the following licenses.

a) With full payment of the actual salary:

-Three working days in case of death of spouse, ascendant, political parents, descendants or siblings and in general up to 2nd degree of affinity and consanguinity.

-Three working days in case of serious illness, hospitalization or operation of the spouse, parents and children and in general up to 2 degree of affinity and consanguinity. These days can be used flexibly, provided there is the agreement between the worker and the undertaking and within a maximum of 15 days for their use from the date on which the causative event occurred, provided that the event persists.

-3 working days in case of wife or couple delivery and adoption.

-Two business days per home move.

These previously exposed sections will be increased in two days in case of complications or a distance greater than 25 Km away from the worker's location.

-Two days for surgical intervention without hospitalization requiring home rest, from relatives to second degree of consanguinity or affinity.

-In accordance with Article 22. of this Convention, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, which may be extended in the case of delivery, adoption or multiple acceptance within two days. For each child from the second, this suspension is independent of the three working days contained in paragraph 4.

-The time required for performing prenatal tests and birth preparation techniques to be performed within the working day.

-In cases of birth of premature children or, who for any cause, must remain hospitalized after delivery, the mother or father shall be entitled to leave the job for an hour.

Breastfeeding. -In accordance with Article 22 of this Convention, workers, who are breastfeeding a child under nine months of age, shall be entitled to one hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases.

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 in full days in the terms foreseen in the collective bargaining or in the agreement to arrives with the employer, respecting, where appropriate, what is established in that case.

This permit may be enjoyed interchangeably by the parent or parent in case both work.

-Fifteen working days per marriage.

All licenses referred to above, will be applicable to the pairs in fact.

-Assistance to the doctor: The worker shall have up to a maximum of fourteen hours a year, duly justified, for assistance to the GP or specialist doctor, for the time indispensable and supporting it by means of the delivery of the official part of the relevant optional. In the event that this type of permit exists in an individual or collective enterprise, the most beneficial conditions for the worker in this type of permit will prevail.

(b) The time required for the fulfilment of an inexcusable public duty, provided that it mediates a timely and prior communication and subsequent justification for the use of time, and does not exceed five days alternate and two consecutive in the course of a month, except out-of-town departures which shall be justified by the authority which I convened. In the event of membership of a popular jury, the time limit set out in this Article shall not apply.

(c) Likewise, it shall be understood as an inexcusable duty of a public nature to appear as a witness before the Working or Judged Magistrate, duly justified and for the time necessary for such purposes.

Article 42. Extraordinary hours, short-term action against unemployment.

In order to provide the greatest possible collaboration on the part of the companies, in order to solve the problem of unemployment in the possible part, the realization of extraordinary hours will never have a habitual character and, therefore, shall be effected only where the special circumstances so require, which shall be previously brought to the attention of the business committee or workers ' representatives.

In case of overtime, your amount will be calculated on the basis of the actual annual salary, divided between the normal hours to be performed in the year and increased by 75 per 100.

The extra hours made can also be compensated at the rate of one hour and forty-five ordinary minutes for every extraordinary hour worked. This time accumulated by the workers who perform it will have the right to enjoy it in a 50 per 100 to his personal criterion and in the remaining 50 per 100 at the discretion of the company, all within the period of validity of the convention; both parts notify one week in advance of the enjoyment of time.

It is understood that these extraordinary hours will be made from the maximum working day on working days and will never exceed the maximum ceiling set by the Law. Overtime will be delivered on a quarterly basis to workers ' representatives.

Article 43. º trade union rights.

1. The right of communication is guaranteed. To this end, the Companies shall enable one or more boards of advertisements for propaganda or communications of a labor or union type, these boards shall be visible and instead designated by the works committee or representatives of the workers.

2. The right of workers to meetings will be respected for labor and trade union issues within the company's premises, outside of working hours, or in very justified cases, within the working day, with the need to recover this time. at the end of the day. The holding of assemblies shall be brought to the attention of the undertaking, at a time of twenty-four hours, unless it is impossible to do so for justified reasons, the order of which must be guaranteed by the workers. A local shall be provided for such meetings and committee meetings.

3. The company shall be deducted from payroll, or in any other way, from union dues to workers who have authorized it in writing, with the specification of the person or entity receiving them. Workers ' representatives shall have 40 hours per month, which may be accumulated from one representative to another.

4. In accordance with the current legislation, the Inter-Centres Committees may be established, with the agreements between the companies concerned and the trade unions concerned to define the powers and powers of these Inter-Centres Committees.

5. Inter-centre committees: the representation of workers within the scope of this Convention and the most representative trade unions may constitute inter-centre committees, the latter being composed of a minimum number of five representatives and a maximum of nine, which shall be chosen from among the representatives of the employees of each working centre and in proportion to the representation of each trade union centre.

The inter-centre committees shall be made up of workers belonging to different works councils and shall use the trade union hours assigned to them as a member of the business committee.

The inter-institution committee will be given a regulation that will be approved by the assembly of representatives of the workers of the affected centers.

Article 44. º Training.

Continuing Vocational Training is a strategic value in the face of the processes of economic, technological and social change in which we are immersed. The future of the Spanish production system will depend, to a great extent, on the qualifications of the working population, both workers and employers, especially those of small and medium-sized enterprises, constituting vocational training. A real investment in quality continues.

The need for continuing training has become necessary in the rice-processing sector, where legislative and technological changes, as well as the strong competition to be faced by companies in the sector, requires a constant qualification of these workers.

The free movement of workers within the European framework requires continuing training whose functions were identified by the Resolution of the Council of the European Communities on Permanent Vocational Training (5 June). 1989).

The continuing training policy must therefore provide workers and entrepreneurs in the rice processing sector with the highest level of qualification needed for:

1. To promote personal and professional development, as well as the viability of companies, the prosperity of companies must be reversed for the benefit of their workers.

2. Contribute to the economic efficiency of companies in this sector by improving their competitiveness as far as possible.

3. Adapt to changes motivated by technological innovation processes, as well as new forms of work organization.

In order to meet the above objectives, it is necessary to make the most of the available resources, and even increase them, and manage them in a reasonable manner, on the basis of the training needs of companies and workers in the sector. At the same time, models will have to be provided to facilitate the training of workers in order to ensure that they are of high quality.

On the other hand, in the working relationship, workers have the right to professional promotion and training as an incentive to improve their professional qualifications.

All companies within the scope of this Convention will be created, whose composition, in number, will be agreed within each company by the legal representation of the workers and the management of the company, with the following functions:

− Elaboration of the training plans.

− Tracking and control of training actions.

Article 45. º Insurance policy.

A Collective Life Insurance, Accident and Mandatory Illness Insurance is created for all companies within the functional scope of this Convention with the following amounts and contingencies:

Total permanent invalidity or death allowance: € 10,987.98.

Absolute invalidity allowance: € 15,382.17.

These concepts will suffer from different conventions uploads.

Policies shall be in force within 30 days of the date of publication of this Collective Agreement. Up to that date, the funds listed in the previous agreement will remain.

ADDITIONAL PROVISIONS

Additional disposition first.

Joint Commission.

1. A Joint Committee is established whose duties will be:

(a) Mediation and reconciliation in the collective conflicts that are subject to them.

b) The interpretation and application of the agreed upon.

c) The follow-up to the set of agreements.

Furthermore, it will be up to the Joint Commission to address any discrepancies which may arise in the negotiation for non-application of the wage regime provided for in this Convention due to the persistent decrease in the level of the company's income or that the company's economic situation and prospects could be adversely affected by the application of the wage scheme.

2. The Joint Committee shall meet upon a call by either Party to the Joint Committee at least ten days in advance, and shall decide on the issues referred to above within the maximum term of 15 days.

Agreements adopted by the Joint Commission on matters of general interest shall be considered as part of this Collective Agreement and shall have the same binding effectiveness. We must first call for this, all the subjects legitimized for the negotiation. Such agreements shall be referred to the Labour Authority for registration.

3. The Commission shall be composed of 6 representatives for each party, the distribution of which shall be as follows:

-Representation of workers:

By CC.OO. 50% of representatives.

By UGT 50% of the representatives.

-Employers ' representation: By UNIADE. -PYMEV 100% of the representatives.

4. This Commission will have among its objectives the study of the modernization of the system of professional classification of the Collective Agreement, absenteeism and seniority and the agreements to be adopted within it will be incorporated into the text, according to the (a) the requirements for legitimisation laid down in the paragraph of this

.

5. The signatory parties to this Convention agree to accede to the Agreement on Extractive Solutions of Industrial Conflicts, as well as to its Implementing Regulation, to the sole and exclusive effects of effectively resolving the discrepancies. existing after the expiry of the maximum period without agreement by the Joint Committee.

ANNEX I

2011 wage table (provisional) (1.80% on final 2010 salary tables-basis for negotiation)

Categories

Peon

Portero

Plus fourth shift

Salary

-

Euros

Staff:

Section Chief

992.24

1.

935.10

Officer 2.

905.70

Telefonista

905.70

861.63

Production Staff

Molero/First Section Officer

31,18

30,20

and Machinist

29.40

grinding assistant/Second Section Officer

29,06

28.72

Officer

28.50

28.50

Peon

844.82

Watcher

844.82

Juror

861.63

Ordinance and Pers. limp.

807.14

Personnel several:

1.

31.18

2.

29.06

3.

28.72

convention

Plus convention

5.84

per day

Plus transport

2.93

per day worked

Diets: Complete

8.01

Media

4.01

70.46

/weekly

Voluntary retirement:

60 years =

4.201,57

61 years =

3.781.42

62 years =

3.361, 27

63 years =

2.941.10

years =

2.291, 84