Seen the text of the Convention frame State for them companies organizing of the game of the Bingo (code of Convention No. 9901905) that was signed with date 30 of July of 2008 of a part by the Confederation Spanish of game (CEJ) in representation of the companies of the sector and of another by them organizations Union CHTJ-UGT and FECOHT-CC. OO in representation of them workers of the same and of conformity with it willing in the article 90, paragraph 2 and 3, of the Real Decree legislative 1 / 1995, of 24 of March, by which is approves the text consolidated of the law of the Statute of the workers and in the Real Decree 1040 / 1981, of 22 of mayo, on record and deposit of conventions collective of work , This Directorate General of labour, resolves: first-order the registration of the collective agreement cited in the corresponding register of this Center Directors, with notice to the Negotiating Committee.
Second.-have their publication in the Official Gazette.
Madrid, 21 of October of 2008-the Director General's work, José Luis Villar Rodriguez.
CONVENTION FRAME STATE FOR THEM COMPANIES ORGANIZING OF THE GAME OF THE BINGO preamble the present Convention collective of field sectoral State continues taking in first place nature of Convention frame and in this sense, as it have come doing their background in this unit of recruitment collective, sets the structure of the negotiation collective in the sector, setting them rules for the resolution of them conflicts of concurrency between conventions of different field and them principles of complementarity of them different recruitment units, establishing the matters which are reserved to the State sectoral level and which cannot be subject to negotiation in areas below, under cover of what has article 83.2 of the Statute of workers.
Also this agreement contains, as also their backgrounds in this collective bargaining unit, had been doing regulation of specific materials, as stipulated in article 83.3 of the Statute of workers. Some of these materials are reserved to the State sectoral scope of collective bargaining for this Convention, so that they cannot be subject to negotiation in the rest of the lower areas.
On the other hand, other specific subjects, which are also regulated in this unit of public sector procurement and which are contained in this Convention, may be in turn negotiated at lower levels, with the aim that the regulated content is developed in the conventions of lower level.
The rest of materials susceptible of bargaining collective not contained in the present Convention may be freely negotiated in them areas lower that is articulated.
Subject to the foregoing are grouped in three large blocks materials subject to collective bargaining: reserved materials to present sectoral level State, which are applicable in all cases and that can not be negotiated lower elsewhere.
Negotiated at present state sectoral level and contained in the present Convention matters that are not reserved to it, so that may be developed and improved in the lower areas, and that will be applicable also in the case of lack of regulation at lower levels.
Materials not contained in the present Convention, resulting applicable them regulations agreed in the fields below.
Without prejudice to the foregoing, the parties undertake to integrate the content of the framework agreement, during its initial term, those materials and chapters the negotiating Commission may agree, mainly in the field of equal treatment and opportunities between women and men and on the adequacy of the system of professional classification, prepared by the commissions regulated by the corresponding additional provisions.
TÍTULO I Disposiciones General Capítulo Primero parties and legal nature of the Convention article 1 framework. Signatory parties.
Subscribe the present agreement collective State for organizing companies in the game of Bingo, on behalf of the business part of the Spanish Confederation of game (CEJ) and trade union representation of workers, the State Federation of trade workers, hospitality and game of the General Union of workers (CHTJ-UGT), the State Federation of Commerce, catering and tourism of Comisiones Obreras (FECOHT-CCOO.) that they have enough for the negotiation and signature of the legitimacy and representativeness.
Article 2. Legal nature.
The present collective agreement of general effectiveness has nature of framework Convention and also regulates specific subjects, such as providing for the numbers 2 and 3 of article 83 of the workers ' Statute; with the purpose of regular it structure business and establish them rules to resolve them conflicts of concurrence, that can give is in them areas lower or between them different units of negotiation, and them criteria of book in relation to them materials that is set out; also establishing the regulation of working conditions.
Chapter second fields of application and extension of the Convention framework article 3. Personal scope.
The present collective agreement is applicable to labour relations between the organizing of the Bingo game companies and workers, and workers who provide their services in those for the performance of the specific functions of the game rooms and auxiliary services, as contemplated in article 21 of this Convention, any that is its mode of contract.
Article 4. Functional area.
They are included in the scope of this agreement all the companies dedicated to the Organization of the game of bingo in any of its forms, well service companies or Government licensees, when to explode or directly organize the activity of the Bingo.
Article 5. Territorial scope.
The standards in this Convention are of mandatory application to all of the organizing companies of the bingo game, based in the Spanish State, both the currently in operation which could establish in the future, in the terms and conditions laid down in article 8 paragraph 3.
Article 6. Time and denunciation of the agreement.
This Convention shall enter into force the day following its publication in the official bulletin of the State, even though the economic aspects of the same retrotraerán of January 1, 2008, and its duration will be two years, so it will end on December 31, 2009. In any case, remain in force and shall be extended in the terms established in this article.
Notwithstanding that parties reiterate their commitment to establish a conventional regulation of stable character in this State level, they agree the possibility of denunciation by any of the parties during the last quarter of its term, by written communication addressed to the rest of the parts and the labour authorities.
For the so-called of that not is produced in time and form it denounces of the present Convention, them parts Signatories agree to extend the validity of all the articulated of the Convention frame of year in year, while not is produce it denounces of the same.
With character general them content and clauses of the present Convention frame is extend and keep your force and character binding once is produce the denounces of the same.
The normative content of the agreement shall be extended automatically denounced once the conventional standard until the signing of the framework agreement that the substitution.
Of this form, if the Convention is denounced in time and form, both the content derived of its nature of Convention frame, in concrete it willing on the structure of the negotiation collective in the sector, them rules for the resolution of them conflicts of concurrency between conventions of different field and them principles of complementarity of them various units of recruitment , and the establishment of them materials that are reserved to the field sectoral State and that not can be object of negotiation in areas lower, as its content normative, in the regulation of materials concrete, will continue to existing and will continue applying is to the publication official of the new Convention collective frame state that it replace.
The above guarantees continuous and uninterrupted period, including the period of time between the complaint and the signing of the new collective agreement to replace the now agreed, the regulatory framework established, keeping the binding and the full effectiveness of the provisions of this Convention governing the structure of collective bargaining in the sector and the reserve of materials to the State sectoral scope of collective bargaining.
Joint committees, subcommittees and working groups is envisaged in the Convention will maintain its powers and functions once denounced the agreement, while not formally constitute commissions, subcommissions and working groups that them under the new framework Convention.
Without prejudice to the foregoing, the parties undertake to integrate the content of the framework agreement, during its initial term, those materials and chapters the negotiating Commission may agree, mainly in the field of equal treatment and opportunities between women and men and on the adequacy of the system of professional classification, prepared by the commissions regulated by the corresponding additional provisions.
Chapter third collective bargaining structure and rules of competition article 7. Structure of collective bargaining in the sector.
In order to establish the scope of this Convention, a rational and homogeneous negotiation structure, avoiding the effects of dismantling and dispersion, under cover of the provided in article 83.2 of the workers ' Statute, legitimized in the scope of the Convention, parties agree that the structure of collective bargaining in the sector of Bingo is preferably integrated by this state-wide bargaining and autonomous unit.
However, the Parties estimate unnecessary that is open frames of negotiation in all and each an of them communities autonomous; They also understand the desirability of maintaining, to the extent that the signatory parties of the same thus deem it, existing provincial conventions currently within the limits provided for in the present framework Convention.
Article 8. Rules of solution of conflicts of concurrence between the different units of negotiation of the sector.
Of conformity with it planned in the article 83.2 of the Statute of them workers, them alleged of concurrence between the present Convention State and them of field lower as well as the respect to the principle of complementarity between them units of negotiation above, is governed by them rules following: 1. will be unit preferential of negotiation it of field State, by what all concurrency conflict between this and the of areas lower is will solve with clamping to the content material agreed in the State Convention.
2. establishes a material distribution between referenced bargaining units, that would ensure the necessary elements of uniformity for the whole area of the State, social and economic as well as a rational process of distribution and selection of materials under the nature and conditions of the bargaining unit concerned.
3. given the nature of the present Convention frame and the level hierarchical that them parts you give, the regulation material collected in the same has the character of law minimum unavailable, and will affect to them conventions collective of said field; (so: to) the content of the title II of the present Convention, whose materials are listed in the article following, is book for its negotiation exclusive in this field State, not can therefore be object of negotiation in no other field different, existing or that could create is in the future.
(b) the content of title III of this Convention will have the character of minimum unavailable throughout the territory of the State. In this sense the sectoral conventions of lower level can develop and improve regulation contained in the same. Also contained in title III regulation will be of subsidiary application in all aspects not regulated in collective agreements of lower level.
4. it recognizes the principle of complementarity of provincial or autonomous community sectoral collective agreements with regard to the present collective agreement framework State.
Article 9. Matters reserved and exclusive to their negotiation in the field State.
Own and exclusive materials from the State level to the sector and, consequently, reserved for this unit of negotiation, the following are considered: recruitment: contractual arrangements.
Subrogation conventional by change of employer.
Transfer of Center.
By virtue of the necessary cast competence referred, them units of negotiation of field regional or provincial may develop and improve all those materials regulated in the present Convention State and not included in the relationship of materials reserved to this field and developed in the title II of the same.
You can also negotiate and develop any matter not regulated or not included in the Convention.
Chapter room conditions more beneficial article 10. Respect of the acquired improvements.
Companies affected by this Convention shall comply with more beneficial conditions or advantages granted to employees and workers, before or after the approval of the same, considered all of them in total annual basis, without prejudice to what is established in the following article.
Article 11. Absorption and compensation.
All the conditions stipulated in this agreement are compensated in its entirety and on an annual basis by the improvements of any nature, that come enjoying workers, when they exceed the total amount of the agreement and are considered to be absorbed from the entry into force of the same.
TITLE II of chapter first recruitment article 12 State sectoral level reserved and exclusive materials. Recruitment modalities.
All the staff of a Bingo Hall must have duly completed contract and cause high in Social Security, whatever the mode of recruitment, from the first day of their inclusion in the company, compliance with employment and Social safety.
Legal representatives of workers, if it any, copy of the contract of work if so requested it and, without prejudice to the copy that corresponds to the worker or a worker will be delivered to those who will be present to the signing of contracts of employment.
New opening rooms procurement will be reviewed by the Joint Committee of the agreement. Employers shall inform the Joint Committee of the Convention with a least fifteen days the expected date for its opening a list of future workers, with an indication of the jobs to play and a brief description of the degree of experience, time spent in the exercise of the profession and employment office where they come from.
Given the current unemployment situation existing in the Spanish State and as a measure of employment promotion, from the entry into force of the Convention shall be prohibited hiring staff in regime of moonlighting. He is excepted from the total ban on moonlighting fixed discontinuous nature and part-time worker.
It recruitment of them workers and workers is will adjust to them standards legally established force in each time and specifically to which contained in the present Convention collective, committing is them companies to the use of them different modalities contractual planned in it law, in accordance with the purpose of each one of them contracts.
I. contract fixed or indefinite: all them companies affected by the present Convention framework will cover, at least, them posts of work of their corresponding templates according to the standard conventional that is of application according to its field.
II. contract fixed of work batch: is will be to it established in the article 15.8 of the Statute of the workers.
Can arrange is to perform works fixed and periodic, of character discontinuous or seasonal, is repeated or not in dates certain, within the volume normal of activity of the company; as can give is in them rooms of game that work only in certain days of the week or in those others in which the activity and influx of public is increase regularly in certain times or seasons of the year.
1. the consideration of workers and workers fixed discontinuous is will make consist mandatory in the contract of work that is subscribe, as well as the special circumstances that can attend in the same. Is computed its antiquity to all them effects since it signed initial of the contract of work.
2. the appeal must be made in order of seniority within each professional group. The same criteria apply when the employer agreed to prolong the activity of the worker, provided that this does not have suspended the contract by time equal to or greater than the extension, being the same as forced acceptance of the labourer.
In the so-called of absence of appeal the worker or worker must claim in the term of twenty days working in procedure of dismissal before the jurisdiction competent, starting is the term for this from the moment in that had knowledge of the lack of call.
III. a part-time employment contract: shall apply the provisions of article 12 of the Statute of workers and what has this article below.
1 you can arrange for an indefinite time or duration determined in the cases in which legally allow the use of this type of contracting.
2. must do is recorded, among others elements, if the contract is celebrates by time indefinite or by duration determined, identifying, in this last case, the so-called planned in the article 15 of the Statute of them workers that justifies such duration, as well as, in all case, the number and distribution of hours to the day, to the week, to the month or to the year during which the worker or working goes to provide services.
3. the duration of the contract day for these workers and workers in no case may be less than sixteen hours or exceed thirty hours a week. Exceptionally may decrease is to fourteen hours weekly in them alleged of rooms whose opening is produce only during the end of week.
4. the worker or worker fixed on time partial not can make hours extraordinary. In case of performing them, the contract will automatically become fixed contract full-time full. They are excluded from this prohibition the hours by force majeure, such as replacement for sickness, absences, etc.
5. the worker or working full-time partial not will see depleted their rights with regard to the workers and working full-time full, included them rights Union.
6. the number of workers under this type of contract in no case may exceed 33 per 100 fixed template agreed in this agreement; unless the room opening hours is less than the weekly working time full-time full-time.
7 part-time contracts conversion rules.
7.1. the workers and workers with a full-time contract may convert their contracts in part-time, family or educational reasons.
Means that family reasons concur when the labourer in charge sons or daughters under the age of fourteen years of age or disabled; or in his case parent that require assistance by disease or disability serious.
Means that formative reasons concur when the labourer attend formal training courses which lead to their better and more professional development, or courses for University academic degree.
In any case workers with part-time contract for family or educational reasons will have preference to convert their full-time contracts when vacancy part time or full time in the same category or professional group.
7.2 them workers and workers with contract of work full-time full may convert their contracts of time full time partial, mediating a notice of forty and five days, although not fulfilled them reasons referred in the number earlier.
7.3. well part time vacancy in the company, well full time produced, will proceed before the planned process of professional promotion or recruitment of a labourer not linked to the same, to offer the possibility of coverage for workers with part-time contract of the same category or group professional, in accordance with the following priority criteria necessarily : Preference of workers with contract become part-time by concurrence of family or educational reasons.
Other workers with part-time contract, from the beginning of their employment relationship or by conversion from full time but without concurrence of family or educational reasons.
In the event that there is more than one employee or worker in the same circumstances described, access the vacancy that has more seniority under the part-time modality.
IV. contract eventually by circumstances of production: shall apply the provisions of article 15(1)(a). b) of the Statute of workers.
The maximum duration of the contract will be 12 months over a period of eighteen months, since the circumstances of the market or the accumulation of tasks that motivate it occur. When it is concluded for less than 12 months, it may be extended, only once, by agreement between the parties, unless the total duration of the contract does not exceed this limit.
Regardless of legal compensation that corresponds, if certain duration contract it extended for more than six months and, at the end of this or its extension, it is extinguiese by the will of the employer, the worker shall be entitled to additional compensation to the legal one day of their salary per month worked, or pro rata if from the sixth month of its employment service and up to a maximum of ten days.
This type of contract, in the above terms, companies that do not have covered permanent workers templates set out in this framework Convention or the number to be determined in the sectorial agreements of environment in development of provisions of the present Convention under State V. contract of interim may not be used: to replace workers or workers with right to reserve jobs in the cases referred to in article 15(1)(a). c) of the Statute of workers. Also may be covered by this contract the replacement of the labourer during the three weeks of build-up of the nursing period provided for in the present framework Convention.
The contract specify the substituted person's name and the cause of the replacement.
Worker or worker interim will remain at the company in the event of no reinstatement to his job, for any reason, of the replaced worker; respecting the right of professional promotion of the rest of the template in any case.
VI. training contract: Contract formation: are aimed at the acquisition of theoretical and practical training necessary for the proper performance of the jobs included in the professional group of Chamber technical. Well understood that they may only be held with workers over the age of 18 and under 21 years of age; in line with the rules applicable to the Bingo halls.
1. in accordance with the nature of this agreement, estimated that functions management set out in this framework Convention and included in the Group of technicians of game are not susceptible of being framed in this contractual figure, by the necessary practical experience which must accumulate the designated categories.
2. the duration of this contract may not be less than 6 months, or more than 1 year.
3. the companies only may hire low this mode the number of workers planned regulations in the article 7 of the Royal Decree 488 / 1998, of 27 of March.
4. the remuneration will be the agreed in the Convention collective of application in the field territorial of that is try for them categories included in the Group of technical of room, in proportion to the day effectively made.
5. the time dedicated to theoretical training must alternate with effective work, so that corresponding to that global weather may not be less than 15 per 100 of the annual Conference provided for in the collective agreement's application.
Contract in practices: since them requirements training for them categories professional established in this Convention not pose the acquisition of titles University or of training professional of grade average or top, or there are titles officially recognized as equivalent, that enabled for the exercise professional; the parties understand that there is no use of this contractual modality in the Bingo Sector.
VII. relief contract: the signatory State Framework Convention parties consider that the rejuvenation of the templates work, with benefits for companies and their competitive position in the market, and for workers who, without loss of Social security rights, improve their conditions of work at the end of his career, has as a fundamental instrument promoting partial retirement and the relief contract in the terms regulated in this article of the Convention, in article 12.6 of the workers ' Statute and article 166. 1 and 2, of the General Social Security Act.
The company and the worker may agree to reduce hours and wages in a minimum of 25% and a maximum of 75%, so that the worker can access the partial early retirement on the terms laid down in paragraph 2 of article 166 of the General Social Security Act. For this purpose the company must be simultaneously arranged a relief contract in order to replace the workday left vacant by the worker who retires part. If the relief contract full-time and with indefinite duration, hours and wage reduction may reach 85%, instead of 75%.
The relief contract has held with a worker in a situation of unemployment or who had agreed with the company a contract for a fixed term.
The relief worker professional group must be the same as the replaced worker who retires part.
VIII. chain of temporary contracts of a same labourer.
By application of it willing in the article 15.5 of the status of them workers the worker that in a period of 30 months had State hired during a term superior to 24 months, with or without solution of continuity, for the same group professional, through two or more contracts temporary will acquire the condition of worker fixed in the company.
Chapter second period of test article 13. Trial period.
1 can be arranged by writing a trial period, subject to the following time limits: technical group of game: 60 calendar days.
Technical group of room: 30 calendar days.
The rest of the staff: 15 calendar days.
2. only means that the labourer is subject to the probationary period if so written.
3. the Covenant established a trial period when the labourer has already performed the same functions previously in the same company, under any form of contract will be null.
4. the situations of disability temporary, maternity and adoption or foster care, that affect to the worker or worker during the period of test, disrupt the computation of the same whenever is produce agreement between them parts.
5. in work whose initial duration agreed, certain contracts or estimated, less than six months, the trial period which in his case is concluded, may not be lasting over 30 per cent of that duration, without being in any case less than 15 calendar days nor more than the limits fixed in number 1 of this article.
6 where the employment contract is concluded for the realization of a work or service determined or whether replace workers entitled to book of job (interim), and its initial duration can not be estimated, or is longer than six months, the trial periods that may conclude are those referred to in number 1 of this article.
7. in them contracts celebrated time partial, when is held for the provision of services that not is go to make all them days of the week, the period of test not can overcome them twenty days working.
8. the trial periods of employment training contracts shall not exceed 30 days of duration if initially agreed duration of six months and 45 days if it is over the half.
Chapter third conventional subrogation by change of employer can be given that the practice of games of luck, gambling or just random rooms authorized for this purpose; subject, first, to the prior authorization of the corresponding public administration; in second place, limited in the time, Dante them companies authorized for the renewal of them authorizations that authorize the opening and operation of them rooms of game, meet them requirements and conditions required by the community autonomous corresponding. Does need regular in that way affects this uniqueness to the employment contracts that link workers with the authorized company or, where appropriate, responsible for the service and the rights and obligations of the parties in each of the cases.
Article 14. Renewal of permits, authorizations and licenses.
The renewal of permits, authorizations and governmental licenses will produce the automatic extension of the contracts of employment under the agreed terms.
1. in them cases of renewal of permissions, authorizations and licenses governmental, that empower to it company authorized initially for the opening and operation of the room of game, is will keep the situation existing of them respective contracts of work, without in no case can the worker, by reason of this renewal, see modified their conditions labour, or lose it antique acquired.
2. in the event of change of ownership in the authorization, or the company responsible for the service, it will be the provisions of the following articles of the present Convention framework.
Article 15. Business subrogation.
As it has been said, the authorisations for the installation and operation of game rooms are awarded, in accordance with the provisions issued by the autonomous communities to people, both physical or legal entities, irrespective of their covering legal, provided that in each case they meet the conditions and requirements established by regulation. Moreover, such authorisations are temporary unavailable.
These specific features of the sector, administrative concession and limited in time, generated a number of peculiarities in labour relations between employers and workers. In this respect and in order to regulate the stability of employment of workers and the rights and obligations that should govern the relationship and succession of companies, the absorption of staff between those who happen by any title in the games of luck, gambling or gambling sector, will carry out in the terms and conditions listed here (, in accordance with the following: to) when implementing article 44 of the Statute of workers, will be the regime and effects that are her own.
(b) when the change of ownership is not fall within the aforementioned scope of article 44 of the Statute of workers, subrogatorios effects, in view of the peculiar characteristics of the activity of the Bingo, come conditioned to validly provided for in this chapter rules and assumptions.
In any case, shall subsidiary apply article 44 of the Statute of workers in not stipulated in this agreement.
However, in both cases, shall be of application the obligations formal and documentary that is established.
The provisions of this chapter shall apply in all cases of succession or replacement of companies, in which there is no transmission assets, as a result of the change in ownership of a company, Center work or independent production unit.
Article 16. Cases of succession or replacement business.
Cases of succession or replacement business are as follows: 1. the cases of change in ownership resulting from the lack of renewal of the authorisation at the end of the same or the termination of the authorization for serious infringement of the company as a result of an administrative or judicial decision that resolves the authorization, fall in new awarded.
2. in the event of merger or business uptake in which at least one of them possess authorization for the opening and operation of game rooms, give rise to a new society.
3. cases of transmission from judicial intervention, such as a suspension of payments.
4 return of the authorisation or contract for the provision of services to its primitive authorization holder as a result of a judicial decision that resolves a contract.
5. in them alleged of that them dealers of them permissions, authorizations or licenses governmental terminated them contracts subscribed with it company of services, but continue developing directly the activity of the game, the personal of the company of services earnings will pass automatically to depending upon of the holder of the license, with recognition of all them rights acquired and in them same conditions in that were hired.
When it company of services miss it award of them services of a center of work by resolution of contract of lease of services, and not can assign to the personal affected to another since of the same category or in its defect group professional in your template, the worker will pass of it template of it company of services awarded of the service to the entity holder which must respect the worker all the labour rights had recognized in his previous company, even ancient times; in this case, the workers shall be entitled exclusively to charged to your previous company the liquidation of assets and shares of bonuses and holidays, joining at the moment is in possession of the documentation, governmental licences and other regulatory requirements for the performance of its functions.
6. the subrogation provided for in this chapter shall also apply on the assumption that an assignee of license that came directly exploiting his license, hire or transferring the exploitation of the game room to another company's services.
7. in addition, if the proprietor, the prefect or tenant of the same license, request time to contract with a new company of services or to directly take charge of exploitation, will respond against the workers, and the period granted him the obligations undertaken by the previous company (payment of wages, Social Security and other labour obligations).
Article 17. Formal aspects of surrogacy.
The loss company in the service must complete forewarning affected staff, the change in ownership in the provision of services. Must also notify the subrogation to the new company prior to this take care of the exploitation of the room, accompanying certification report of representatives of workers, which must include the name of the worker, date of birth, parents names, civil status, number of beneficiaries of benefits to the family, import of the totality of perceptions of any kind , antique, certification of the National Institute of Social security of being informed of the payment of its obligations to Social Security, putting at the disposal of the same documents that it deems appropriate for checking the veracity of all this.
Article 18. Content protection.
With the purpose of ensure the principle of stability in the employment of them workers of the Sector of the Bingo and the subrogation business in them relations labour of the personal, by who happen to it company outgoing in any of them alleged planned in the present chapter, them workers of the company assignor pass to ascribed is to it company assignee or entity that go to perform the service respecting the rights and economic, social, trade union representation and personal obligations that they enjoy in the transferor company and is proving documents.
The company incoming will be surrogate in the rights and obligations with regard to the workers.
In regards to the collective agreement's application in the new company, it will be as provided in the present framework Convention and the sectoral conventions of lower level.
Article 19. Resolution of licences, authorizations and permits.
The denial of permits, authorizations or governmental licenses for the development of the activity, for the reason that is, non-renewal, termination of authorization by legal breach, etc; as well as the closure of the room by administrative decision; without prejudice to the rights recognized in the present framework Convention and recognized in the legislation in force, it will be sufficient cause for companies affected by the present Convention can be resolved employment contracts with the employees, without any further formality than the conducive to obtaining the rights of social benefit for unemployment for those affected , through the processing of the record of employment, where appropriate regulation.
Chapter fourth ranking professional and mobility functional article 20. General criteria.
Them workers that provide service in the companies included in the scope of application of this Convention are classified in categories professional and groups professional.
By agreement between the worker and the company is will establish the content of the provision labor object of the contract of work, assigning is necessarily an of them categories professional of them established in the present Convention and being framed, therefore, in a group professional.
The performance of the functions derived from the aforementioned classification defines the basic content of the employment benefit.
The criteria for the definition of the professional categories to accommodate common rules for one and other sex workers.
Article 21. Definition of the categories.
Head to room: shall exercise direction and overall control of the operation of the room, taking decisions relating to the progress of the various operations in accordance with the technical rules of bingo and adapting the pace of those in consideration to the affluence of public, sold cartons and greater or lesser amount of awards; It will take care of the correct functioning of all the equipment, facilities and services; It shall exercise the hierarchy of all staff at the service of the room; It will be responsible for the proper keeping of the separate accounts of the game, as well as holding and safekeeping of the Chamber itself, accurate to work authorizations and the documentation relating to the staff. Also, the head to room will hold the representation of the assignee of the authorization or, where appropriate, service company that managed the game, both players to agents of the authority, unless such representation is attributed to another person and it is present in the room.
Head to table: will be responsible for checking the balls and cartons; It will be accounting for the cartons sold to each move or draw; carry out the determination of line and bingo prizes, check winners cartons, collectively reporting this to the players, will be responsible for and custodian of the minutes registration book and will take control of the 'stock' of cartons per game. Individually answer many requests for information or complaints players formulated and recorded all of this, as well as any incidents that may occur in the minutes of each sitting.
Cashier/a: will have in their possession the cartons and delivered them neatly to sellers, will indicate to the head to table the number of cartons sold, as well as the quantities corresponding to the awards of line and bingo; It will raise the money obtained from the sale of cartons, and prepare the amounts corresponding to each prize for your subscription.
Speaker/a-Vendedor/a: will the direct sale of cartons and the collection of fines, to delivered together with leftover cartons to the cashier; It will withdraw the table, before the sale of the new cartons, used by players in the previous move and will review the series within their working day. Speaker to turn it will operate the machine when starting the move, it will read aloud the number of ball as the order of output; turn off the machine at the end of the game and be paid amounts of line and bingo, players counting the amount at the time of the payment, to facilitate the payment of prizes during the sale of cartons in the following game and permitting the Organization of work, this task can be done any other professional category defined in this article. When performing the work of speech will take the function of sale of cartons, although it can collaborate in other functions within the room.
Admission and Control: will be the Manager to control the entrance of players in the game room, checking the card corresponds to the person presenting it, and denying entry to persons who had it banned, giving account to the head to room of the incidents. You will also have mission keeping the visitors file and its update.
The definition of categories above aims to define the content of the employment benefit. On the assumption of responsibilities will be in every moment on the subject determining the autonomous rules of the game of Bingo, or failing the State-level regulation; in the absence of express regulation in both, it will be to the arranged here.
In the same way on those autonomous regulations where to the head to room / property manager, has given consideration of staff management, this Regulation shall not modify such consideration to no effect.
Auxiliary services: These categories (Administration, valet parking, porters/as, guards and Personal cleaning, etc.), are not covered between the techniques of Bingo and perform the functions of their specialties, unless it is required to card game or any governmental permission.
Article 22. Professional groups.
The professional groups are determined by those categories presenting a uniform professional base within the Organization of the work.
In this sense and to the provisions in article 22 of the Statute of workers, the occupational groups which are then set uniformly grouped the skills, qualifications and general contents of the provision, and include professional categories who relate and whose functions, which define the general contents of the provision, are detailed in the previous article.
By agreement between the employee or worker and entrepreneur labor provision of the contract of work content, as well as its matching one of the occupational groups referred to in the present framework Convention shall be established. Of equal way, is assigned to the worker an of them categories professional that is collected in this agreement and that delimit the provision labor.
Is established two groups professional that encompass the categories specific of the game of the Bingo: Group of technical of game: that integrates them categories professional of head / to of room, head / to of table and cashier / to.
Group of technical of room: integrated by the categories professional of speaker / a-Vendedor / to and Admision-control.
Article 23. Mobility functional.
1. it mobility functional in the breast of it company not will have others limitations that them required by them degrees academic or professional precise for exercise it provision labor and by the membership to the Group professional and which derived of them features physical or psychic individual, necessarily demonstrated, could put in danger the security and the health of the own worker and working affected / to , and them of their colleagues and companions, to the amparo of it given in the law of prevention of risks labour. While these effects take into consideration administrative license awarded by the autonomous communities.
2. the functional mobility for performing functions not corresponding to the professional group will only be possible if there are technical or organizational to justify it and reasons for the essential time for your attention. However, when is produce is shall be always with criteria of equity, ensuring that exist paralysing between them workers of them different categories professional that integrate each one of them groups professional. In the case of mandates of functions lower is must be justified by needs peremptory or unforeseeable of the activity productive. The employer shall communicate this situation to the representatives of workers.
3. the functional mobility shall be carried out with due regard for the dignity of the worker or a worker and without prejudice to their training and career development, be entitled to the remuneration corresponding to the functions effectively perform, except in the encomienda of functions lower, which will keep the retribution of origin. It won't fit to invoke causes target dismissal of sudden ineptitude or lack of adaptation in the cases of realization of functions other than usual as a result of functional mobility.
4. If as result of functional mobility will undertake all upper functions corresponding to the of the professional group for a continuous and uninterrupted period exceeding six months a year or eight-month non-continuous for two years, the worker may claim the rise or, in any case, the coverage of the vacancy corresponding to functions it performed in accordance with the criteria of priority with regard to workers who had not been performed such functions of superior category and on new contracts that could perform is.
In matters not provided in this article it shall apply the provisions of articles 22 and 39 of the Statute of workers.
Chapter fifth structure salary article 24. Structure pay.
The remuneration of workers will be composed by: I. salary Base.
It is part of the fixed remuneration paid to workers on the basis of their professional category, per unit of time of the agreed work during ordinary working hours fixed in Convention, including rest times established.
II. wage supplements.
a) of working place: vest under the special characteristics of the assigned job.
Breach of currency.
Extension of day plus.
(b) accessories of quality and quantity of work.
Is shall accrue because of them income gross monthly obtained by the room of game, not will have character consolidatable and, given their special characteristics not may in no case have the consideration of remuneration absorbable.
Agreement or any production premium plus others who come determined by negotiation of lower scope having as object the incentive of the quality or amount of the employment benefit.
(c) personal accessories.
Such as application of titles, languages, or special knowledge, or any other of a similar nature which derive from the personal conditions of the worker and that has not been valued to be fixed base salary. Also will have this consideration the prize of permanence in the workplace. In any case they will have the character of wage concepts compensated or absorbable.
Any that come determined by special and personal characteristics of the worker.
(d) night work plus.
Given the special characteristics of work in the Sector, all workers are entitled to receive for this concept, the amount and under the conditions that determined the sectoral Convention of application in each field 12 pay per night, including the breakfast.
(e) periodic maturity exceeding the month complements.
All workers shall be entitled to three extra payments; two of them will be credited every six months, coinciding with the June 20 and December 20 of each year, and the third coinciding with the beginning of the period of annual leave may apportion it in 12 monthly instalments.
Workers who enter or stop during the year, will receive the proportional part of such payments.
III. non-wage supplements.
It will be extrasalarial perceptions, anyone who form, which does not meet a remuneration linked directly with the borrowed work.
They possess such compensation by: transportation.
Compensation or supplemented.
IV. remuneration in kind.
V. Where appropriate, the voluntary improvements individually agreed or unilaterally granted by the employer.
Chapter Sixth training article 25. Continuous training.
Remember in the sphere of State collective bargaining of the bingo game and according to provisions in the Royal Decree 395/2007, of 23 March, the realization of a reference Plan for vocational training in employment in the sector of bingo which contains: a) determination of the objectives of the plan of referrals to the satisfaction of the needs of the sector.
(b) establishment of training actions including on reference plan and priorities thereof.
(c) realization of applicant entities.
The definition of the contents and the realization of these the Commission joint sectoral State of the game of bingo of continuous training is enables.
In not contemplated in this chapter, shall apply in the Real Decree 395/2007, of 23 March and the orders of the Ministry of labour and Social Affairs, and immigration, respectively, 2307 / 2007, of 27 July and 718/2008, March 7; the agreement of training professional for the employment of 7 of February of 2006 and the SAW agreement national de formation; as well as to the standards legal, regulatory and conventional that can dictate is in the future in this matter.
Article 26. Commission joint sectoral's training continues.
Is gives continuity to the Commission joint sectoral of training continuous, created in previous agreements, as instrument dynamic of the objectives contained in this chapter.
The Commission joint sectoral of training continuous of the Sector of bingo, is composed by five representatives of the organizations Union (two by CHTJ-UGT, two by FECOHT-CCOO and one by USE) and five representatives of the Organization business (CEJ), represented in the table negotiating of this agreement.
(Them decisions of the vote of each one of them two groups of organizations, business and Union, of the Commission is adopted according to is details then: to) the decision of the vote in the breast of the Group business is will adopt by most absolute of their representatives.
(b) the decision of the vote in the breast of the Group Union is adopted by most of them three fourth parts of their representatives.
(c) the decisions of the Commission is shall take by agreement of the two groups of organizations business and Union.
The Commission will have, among others, the following functions: to) ensure the implementation of this agreement.
b) establishing orientative criteria for the elaboration of training plans for its scope and will only affect the following areas: priorities with respect to professional training for the employment initiatives to develop in the sector of the game of Bingo.
Orientation with respect to the collective of workers recipients of the actions.
Enumeration of available delivery of training centers. For this purpose the suitable use of existing training centres (centres, public schools, private schools or associated centers, understanding as such those promoted jointly by the relevant business and trade union organizations and with participation of the different public administrations) should take into account.
Criteria that will facilitate the linkage of vocational training for employment in the sector of the game of Bingo with the system of professional classification and its connection with the national system of qualifications and vocational training, for the purpose of determining the levels of training for employment in the sector and its correspondence with certificate to be determined by the national system of qualifications.
(c) propose studies of detection of training needs and the development of tools and/or methodologies applicable to vocational training for employment in the Sector of game of Bingo, for the purpose of its consideration in the corresponding call of complementary measures and supporting the formation.
(d) issue report on them plans grouped sectoral of training, as well as on them measures complementary and of accompaniment that affect to more than one community autonomous, in the field of the presents agreement, raising them to the Foundation tripartite for it training in the employment that this develop its proposal of resolution.
(e) transferring to the tripartite Foundation for training in employment for employment report on contracts for program and complementary actions in the terms and conditions established in the corresponding call.
f) meet and comply with requests and requirements that may be taken by the tripartite Foundation for training for employment.
(g) drawing up studies and research. For this purpose, taken into account the information available both in the Ministry of labour and immigration and the Ministry of education, Social policy and sport, and especially the sectoral studies which have been drawn up on vocational training.
(h) adopt its rules of operation, which must conform to the provisions of this agreement.
(i) formulate proposals in relation to the establishment of levels of training professional for the employment continuous for the purposes of its correspondence with the modalities of certification that determine the system national of qualifications.
(j) perform a memory annual of application of the agreement, as well as of evaluation of the actions training developed in its scope corresponding.
(k) the implementation of a Plan of reference for vocational training in employment in the sector of game of Bingo which contains the definition of the objectives of the plan of referrals to the satisfaction of the needs of the sector, the establishment of the training programs included in the reference plan and priorities thereof and the realization of applicant entities; in accordance with provisions in the Real Decree 395/2007, of 23 March.
Article 27. Individual training permits.
For the purposes provided in this agreement, the organizations represented at the negotiating table will establish a regime of individual training permits in the following terms: 1. target field.
(Them actions training for which can request is permission of training must: to) not be included in the actions financed of the Plan of training of the company or clustered.
b) be directed to the development or adaptation of qualifications technical professionals of the labourer or their professional training.
(c) be recognized by an official degree.
(d) are excluded of the permission of training them actions training that not is correspond with the training classroom. However, the face-to-face part of those carried out through distance shall be allowed.
2. subjective scope.
Workers and hard-working employees who wish to access these supports must: to) have presented at least one year of service at the company.
(b) obtain the authorization by the company for the enjoyment of the Individual permission of training requested and according to the procedure laid down in the call for proposals.
Such request shall contain the formative goal as e pursues, schedule (lesson time, period of interruption duration.), and place of delivery.
3. resolution of requests.
The company must resolve within the period of 30 days from the receipt of the request that you submit pursuant to the provisions of this article.
In order rating such request, the company may have in has needs productive and organizational of the same, for what seek it opinion of it representation Legal of them workers and workers, so as the enjoy of them permissions not affect significantly the realization of the work in it same.
Priority will be given to enjoy training permit, those workers and workers occupied that fulfill the requirements set forth above, have not participated in a training action referred to in this article in the previous period of 12 months.
However, collective agreements may establish corresponding percentages of affectation of the template or the professional categories/groups of the company.
In case of refusal of the application by the company, shall be reasoned and shall be communicated to the labourer.
The company shall inform the Legal representation of workers and workers of the applications received and their response to them.
Plan of formation of the company or, in your case the striped, establish priorities for the purpose of the enjoyment of training allowances in case of concurrence of such permission requests.
Obtained the corresponding authorization by the company, the worker or a worker shall submit to the tripartite Foundation requests for Individual permission of formation in which shall be recorded the training objective pursued, schedule and place of delivery.
The labourer who has enjoyed a training permit must, at the end of it, demonstrate the degree of achievement obtained by means of the corresponding certification.
The use of training permit for purposes other than those listed shall be regarded as infringement of the duty to work in good faith.
6. duration of the paid training leave.
The paid leave of formation will have a maximum of 200 hours of day, depending on the characteristics of the training to perform action.
He worker or worker that enjoy of a permission paid of training, with arrangement to it planned in this article, will receive during the same an amount equal to the of your wage as well as them quotes accrued to it security Social during the period corresponding. The salary shall consist of the wage base, seniority and plug-ins fixed, depending on in the relevant collective agreement.
Such amount, as well as the quotes accrued by the worker and the company during the period corresponding, will be financed through the Foundation tripartite of training continuous.
Chapter seventh mobility geographical and transfer of Center article 28. Geographical mobility.
Transfer means the change of the Working Centre for the provision of the service that carries with it a change of habitual residence of the labourer.
The decision to transfer must be notified by the company to the worker or a worker, as well as to their legal representatives, with a minimum 30 days in advance. Once this is completed, a period of consultation will open with the legal representatives of the workers of not less than 15 days, provided that does not affect 30 or more workers, in which case it will be 90 days. During those consultations, it be prevent or minimise the effects of the business decision. And must provide proof of economic, technical or organisational reasons that would justify.
In case of not reaching agreement with the Legal representation of working men and women; Alternatively, if this did not exist in the workplace, the decision on the matter necessarily undergo arbitration procedure in the Interconfederal mediation and arbitration (SIMA) service pursuant to the agreement of extra-judicial settlement of conflicts (ASEC), to be an enforceable award.
There is agreement or where arbitration was favorable to the transfer, this will be covered in the first place by workers who so request it.
In any case, the labourer will have guaranteed all the rights that were acquired, as well as any others that could be in the future.
The labourer shall receive for compensation of expenses, the amount of the locomotion of the person concerned and family members who live together or are dependent on him and transportation of furniture, clothing, appliances, etc. As well as the expenses of accommodation during the time, with a maximum of a quarter, up to settle in their new home the worker victim of violence of genre that I know forced to leave job in the town where was providing its services, to enforce your protection or his right to comprehensive social assistance, will have preferential right to occupy another position the same professional group or equivalent category, which the company has vacant in any of their places of work.
In such cases the company shall be obliged to inform the worker vacancies at this time or that may occur in the future.
Transfer or change of workplace will have an initial duration of six months, during which the company shall be obliged to reserve the position previously occupied by the worker.
Over that period, the employee can choose between return to their previous job, or in the new continuity. In the latter case, will decay the aforementioned obligation to reserve.
Article 29. Relocation of workplace.
In the event of transfer of workplace, for reasons of technical, organisational and production, that not necessarily entail change of habitual residence for the labourer, the company shall be obliged:
1 advance notice to the worker and, simultaneously the Legal representation of working men and women, starting at the same time a period of consultations from 5 days to reach an agreement that safeguards the labour and economic conditions of the Centre of origin for the labourer.
2. in the event that it does not reach agreement with the labourer, will necessarily be the representation of the workers of the Centre of origin of him or of the company, if Committee Intercentros, which resolved within 3 days from receipt of the notification, whereas the justification provided by the company to carry out the transfer and the existence or not of volunteer workers to cover the transfer.
3. in any case, except by voluntary agreement, you can move from Center to the legal representatives of the workers and workers with mandate in force or that within the period of one year had ceased in such functions.
Likewise, neither is may transfer that those workers and that being in electoral process, take part in candidates to delegates of personnel and company committees.
The above safeguards will apply to delegates Union.
4. when there are reasons of character economic, technical, organizational and of production, in all case only will be possible the transfer of Center's work, when is accredited that them different centers of work form part of a same company.
5. the implementation of the procedure set out above, is not necessary in the event that the transfer is collective as a result of the change in the location of the center of work, in which case it will be stipulated in the Statute of workers.
Chapter seventh disciplinary regime article 30. Kinds of fouls.
The faults committed by the workers at the service of companies affected by the present Convention shall be classified, according to their importance, recidivism and intentionality, in minor, serious and very serious, in accordance with what is available in the following articles.
Article 31. Minor fouls.
Consider the following minor misconduct: a) up to three absences punctuality for one month, without cause justified.
(b) it not communication with the advance due of its lack to the since of work by cause justified, unless is try the impossibility of make it.
(c) lack of personal hygiene, provided that it produces complaints by colleagues or classmates, or public.
(d) not to attend the public with due diligence and the correction.
(e) not communicate any change of address to the company.
Article 32. Serious offenses.
They shall be regarded as serious offences, as follows: to) more than three and fewer than seven lack of punctuality in the course of a month without just cause.
(b) absent from work one day a month without any justifiable cause; except that it preavise and prejudice will not be serious to the company.
(c) cause or hold discussions with other workers or workers in the presence of the public or that transcends this.
(d) the simulation of disease or accident.
(e) handling inside cupboards or personal belongings of colleagues or partners, without proper authorization.
(f) failure to comply with the orders and instructions of the company, or personnel delegated at the same hierarchical level and the regular exercise of its executive powers.
(g) the abandonment of the work without cause justified. If causes prejudice serious to the company will qualify as very serious.
(h) failure to comply with the instructions of the company in the field of service, form make it or ignore the parts, forms or forms required. When cause damage serious to the company is will qualify as missing very serious.
(i) not to communicate with due timeliness the data modifications of the dependants, which may affect the company for the purpose of withholding tax or other business obligations.
(j) the recidivism in more than three faults, within a quarter, when these have been sanctioned.
Article 33. Very serious offenses.
They are very serious offenses the following: to) more than seven lack of punctuality in the course of a month, without justified cause.
(b) missing three days to work for a month, without any just cause.
(c) drunkenness or drug consumption, albeit occasional, during working hours.
(d) simulate the presence of another partner or companion using is of your tab, signature or card of control.
(e) fraud, disloyalty and breach of trust in mandated negotiations, as well as dealing with other workers or workers or any other person in the service of the working relationship with this company.
(f) the theft, robbery or embezzlement, both to the public as to those others workers or to the company, within the same. It is also included in this section the distortion of data, both during the development of the game and at the end of these, if such falsehoods are maliciously intended to get some benefit.
(g) the simulation repeatedly of disease.
(h) make disappear, disable or cause damage in materials, useful, tools, appliances, installations, buildings and enseres of the company.
(i) bad dealings of Word or work, and lack serious to the respect and consideration to the entrepreneur, people delegated by this, as well as others workers or workers and public in general.
(j) all behavior or conduct, in the field labor, that follow you to the with regard to the privacy and dignity of the woman or the man through the offense, physical or verbal, of character sexual. If such conduct or behavior is leads to Cape prevaliendo is from a position of hierarchical will mean a circumstance aggravating of that.
(k) the recidivism in lack serious, within a quarter, provided that has been object of sanction.
Article 34. Graduation of sanctions.
For the application of the sanctions provided for in the preceding article, the biggest will take into account or lesser degree of responsibility which commits the foul, professional category of the offender, and repercussion of the fact on other workers, the public and the company.
Article 35. Sanctions.
The penalties that companies can apply, depending on the seriousness and circumstances of the acts committed, heard the representation of workers, shall be as follows: minor misconduct: verbal reprimand.
Admonition in writing.
Serious misconduct: reprimand in writing.
Suspension of employment and salary of one to ten days.
Very serious misdemeanours: Suspension of employment and salary of eleven to thirty days.
Disciplinary dismissal included in c-cause), e), f), g), h), i) and j), in any other case it will be specified that the worker be recidivist.
Article 36. Prescription.
The minor misconduct shall be extinguished after ten days, the 1920s serious, and the very serious within sixty days from the date on which the company had knowledge of its Commission, and in any case to six months have been committed.
Article 37. Abuse of authority by superiors.
Any worker can realize in writing, through their representatives or directly to the address of the company, acts involving abuse of authority of their immediate bosses or any fault committed by these and by colleagues or co-workers. Received the letter, the address will open the appropriate record, within the period of five days and will resolve as appropriate within the period of ten days.
Otherwise, the legal representatives of workers or the person concerned may be made timely reports to the labour authority and State or regional authorities having competence in matters of game.
Article 38. Bullying or harassment at work.
The particularities of the Bingo sector, determined that in this, the relationship between individuals as a result of the work not only occurs between the personnel of the company in which it serves, but must also engage with the users of the services provided, with a special feature added and always difficult for the worker, the of being an intermediary between client , that made your bet, and the company for which works that paid the award.
Is relationship and them connotations that of she is derived generate in the worker or working a susceptibility special in the environment labour that is precise delimit avoiding, in the measure of it possible, that generate tensions additional in the work that can affect negatively in the health of the worker or working.
Accordingly, is makes must prevent that in the place of work is produce more tensions that the own of the activity and of them derived of the Organization of the work. In such a way that defines harassment in the workplace as a reprehensible and punishable conduct in the following terms: means as harassment at work all abuse of power exercised by a person or group of people to bend the will of another person, by means of an extreme psychological violence through verbal or physical assault, threatening, intimidating, abusive or harassing; of form systematic and recurrent and during a time prolonged, with the purpose of destroy them channels of communication and relationship of the victim or victims with the rest of their companions, destroy your reputation, disturb the exercise of their workings and achieve finally that that person or people end up abandoning the place of work.
This behavior will be considered as failure very serious punishable as provided for in articles 43 and 44 of the Convention.
TITLE III of the content of necessary minimum right chapter first employment article 39. Workers and workers linked to contracts for an indefinite time in bingo halls.
Them parties aware of it need not only of keep but of increase the work stable as warranty of quality in the service that is lends to them customers in them rooms of game, agree, establish for all them rooms of game affected by the present Convention, a number minimum and mandatory of workers and workers fixed, i.e., linked to the company through contract labor of character indefinite , according to the capacity of players in the room in the following terms: capacity of rooms number of permanent workers in rooms whose opening hours are from 13 hours or lower up to 100 players.
4 workers: technical in game 2. Technical of room 2.
From 102 to 250 players.
6. workers: Technicians from game 2. Technical of room 4.
From 251 to 400 players.
10 workers: Technicians from game 3. Technical room 7.
401 to 700 players.
14 workers: Technicians from game 3. Technical of room 11.
More than 700 players.
23. workers: Technicians from game 5. Technical of games 18.
In the game rooms whose schedule of opening to the public is more than 13 hours, the number of fixed with indefinite workers set out in the table above will increase proportionally to the increase of the time of opening of the with respect to opening 'type', established in 13 hours hours. So, the calculation of the number of permanent workers according to the capacity of the room will be the result of the following calculation: number of permanent workers for more than 13 hours of operation rooms.
Opening of the time.
The number of permanent workers set out in the table above for the category of the room in question.
Number of fixed employees for rooms of more than 13 hours of opening equal to the ratio between the time of opening of the multiplied by the number of workers fixed set forth in the table above for the category of the room in question, divided by 13.
The increase of workers resulting from the application of the previous calculation with respect to the general table will be covered with workers of the professional categories, framed in the Sala group of technicians.
Physical presence in the room all will not be mandatory together and continuously during the Hall opening hours to the public, except in those autonomous regions or provinces where they have it regulated to legislative, regulatory or conventional level.
Article 40. Employment agencies temporary (ETT).
Through these companies hiring shall conform to the following criteria or requirements: 1. only contracts of making available between a temporary employment business and a company may hold user, organizer of the bingo game, in the same circumstances and under the same conditions and requirements that the user enterprise, organizer of the bingo game, could hold a fixed-term contract , in accordance with provisions in the Statute of workers and in the present collective agreement.
2 only is to hire in the Bingo sector temporary employment services which apply to its workers the sectoral collective agreement of field State of companies of temporary work, existing at all times.
3. not may conclude contracts of sunset provision to replace striking workers in the user enterprise, for the realization of the activities and works which, by their special danger to health or safety are determined according to the rules, or when in the 12 months immediately prior to the hiring company has repaid the jobs that are intended to cover by dismissal or the causes provided for in articles 50 (51 and 52, section c), of the Statute of workers, except in cases of force majeure, or when in the eighteen months prior to the engagement cited jobs had been covered for a period of time exceeding twelve months, continuous or discontinuous, by workers or workers made available by temporary employment agencies.
4. workers and workers hired to be transferred to business users, organizers of the bingo game, shall have the right, during the provision of services in the same periods, to receive, at a minimum, the total remuneration, i.e. all the salary, including the plus Convention, non-wage or quantities obtained on the occasion of the work, which would receive a worker or employee of the user enterprise Organizer of the bingo game, which perform the same work.
5. without prejudice to the provisions of the Statute of workers, when the contract worker has entered into by certain time shall have the right, in addition, to receive financial compensation at the end of the contract's provision equivalent to the proportion of the amount which would be payable 12 days salary for each year of service.
6. the representatives of the workers of the company organizing the bingo game will have attributed the representation of workers in the company of temporary work in mission.
7. the user enterprise, organizer of the bingo game, shall inform the representatives of workers on each contract provision, through delivery of copy of the same, and reason for using, within the three days following its conclusion. At the same time you should give them a basic copy of the contract of the worker put at disposal, which should have facilitated the temporary employment business.
8. with character prior to the home of the provision of services, the company organizing of the game of bingo must report to the worker or working on them risks derived of their since of work, as well as of them measures of protection and prevention against them same.
9. in matters not provided for in the preceding paragraphs it shall apply provisions of law 14/1999, of 1 June, which regulates temporary work companies, amended by law 29/1999 of 16 July, and normative regulatory that develops it.
Second time of work article 41 Chapter. Day labor annual.
The annual maximum day is 1,792 hours, during the term of the agreement.
In the so-called of that the worker or working opt by the accumulation of all them holidays payable with exception of the first of mayo, regulated in the present Convention collective, the day annual is will see reduced to his time in 8 hours. with regard to the day maximum annual agreed for each one of them years of validity of the present Convention.
Article 42. Weekly working hours.
Sets the maximum effective working forty hours weekly working time.
However, given the special characteristics that concur in the activity, a flexible schedule, which in no case shall exceed the nine hours of work per day or forty-five hours of work a week, and must compensate for the hours worked over in a week, with the rest in the following week, and in any case is pacta regularizing within one month of the excess of the day that has been done. For these purposes, and in order to make the calculation of weekly working time and its compensation in homogeneous terms, in any case you can work more than five consecutive days.
Them companies will benefit of a book of character strictly labour, in which is will make recorded the hour in that each worker starts and ends his day, signing each interested in the margin. Not is require the keeping of this book in those rooms that have from another system of control of schema.
Article 43. Rest weekly.
All them workers and workers affected by the present Convention, with independence of that your day is in time complete or full-time partial, will enjoy of two days of rest weekly continued and uninterrupted.
The making of them shifts of rest weekly must ensure the paralysing for all them workers and during all them days of the week, except in those rooms in which with day reduced is closing two days complete consecutive.
In them rooms whose opening effective will result lower to fifty and four hours weekly, to ensure the rotativity of the rest weekly, exceptionally not will be applicable the impossibility of work more than five days consecutive.
Article 44. Calendar working.
The companies will establish in accordance with them representatives legal of them workers, a calendar labour monthly where is will make recorded: schedules of input and output.
Shifts of food or dinner that not may begin before them three hours of the home of the day of each worker, or finish more than two hours before its completion, except in them rooms in which the day and schedule labor are reduced.
Rotary weekly breaks.
Days of parties in non-recoverable and payable this timetable will be exposed on the noticeboard at least of 7 days before the beginning of each of the calendar months.
If by needs of the service they were necessary changes in the calendar once published, these will be done in accordance with the legal representation of the workers; not possible for pressing reasons, will communicate the legal representation as soon as possible.
Article 45. Holiday annual.
The period of annual paid not replaceable by financial compensation will be thirty calendar days. These thirty days is will enjoy uninterrupted, unless Covenant in contrary between company and worker. The enjoyment of holidays or the proportion that corresponds will take place within the calendar year in question. The company and the legal representatives of the workers will elaborate during the month of December of each year the box of holiday of the following year, which must be displayed on the Bulletin Board. This box will be made only once and subsequently will be for precise rotation.
During the period of holiday, the worker shall receive the same remuneration that if was working, except the Plus of transport and the sagging of currency.
When the period of holiday set in the calendar labor of the company match in the time with a situation of suspension by disability temporary, derived of accident of work, or of another contingency that required hospitalization, maternity, paternity, adoption or foster care, risk during the pregnancy or risk during the lactation natural, is will have right to enjoy them holiday in date different to such periods of suspension Although he finished the calendar year to correspond.
Preferably the holiday will enjoy in the period between June 1 to September 30 of each year.
Article 46. Parties payable.
(Them days holidays payable of each year natural is offset of an of them two forms following: to) when is accumulate all those holidays except the 1 of mayo, is will enjoy 18 days natural.
(b) by any other method that mutual agreement agreed in writing the company and the worker.
The company shall seek of their workers and workers, through their representatives legal, expression written of the option chosen, within them fifteen first days of the month of December of each year, to to plan the work of the year following.
To hiring new workers the option shall be sought within fifteen days of the completion of your trial period.
Article 47. Paid permits.
Any worker affected by the present Convention shall be entitled to permit paid by the calendar days that set forth below, provided alert possible in advance and be properly justified: 1. fifteen days by marriage of the labourer.
2. four days by birth of children or death of children, spouse or person with which they live.
3. two days by death, accident or serious illness or hospitalization or surgical intervention without hospitalization requiring nursing home, relatives up to the second degree of consanguinity or affinity. When therefore the labourer needed some displacement, the permission shall be five days.
Six days by death of relatives up to second degree of consanguinity or affinity when the displacement must be done outside the Spanish territory, be added to their weekly rest.
4. by the time essential to the fulfilment of a duty of character public and personal.
5 a day for transfer of normal residence.
6. by the time necessary for concurrence of exams.
7. by the time necessary for the realization of prenatal tests and techniques of preparation for delivery to be made within the working day.
8. a day paid by marriage of parents and children.
9. absences or punctuality of the worker shortage caused by the physical situation or psychological derived from gender-based violence, shall be deemed justified and paid, when so determined by social care services or health services, notwithstanding that such absences are communicated by the employee to the company.
10. in cases of premature child birth or that, for whatever reason, they need to remain hospitalized following childbirth, the mother or the father shall have the right to be absent from work for one hour. In addition, have the right to reduce their working hours to a maximum of two hours with the proportional decrease of the wage.
11. by the time necessary to attend consultation medical or psychological treatment in the case of situations of gender violence, if the social care services or health services determine it.
Any rights in benefit, protection or assistance of the labourer because of their matrimonial bond, by the present Convention shall also apply to the labourer attached to another person in a relationship of analogous to the conjugal affection regardless of their sexual orientation, according to what provided for autonomous or State legislation to the effect , prior provision of the corresponding certification under the terms established in the first additional provision of this Convention, and always that count with one year of seniority in the company.
Article 48. Permissions not paid.
In addition to the legally established licensing, workers can enjoy a permit, without right to compensation, up to 30 days a year, divided, maximum, in two periods of not less than 7 days for personal or family reasons of character as they are inexcusable: tests to obtain qualifications officially recognised or at the time of the failure, by gravity or prolongation of the assumptions that are entitled to paid allowances referred to in paragraphs 2 and 3 of the preceding article.
The request of the worker or working there will be of make is by written and the companies granted these permissions not paid whenever has cause justified.
In case of death of spouse or partner in fact of the worker or worker, leaving orphan a son less of fourteen years, said worker or worker will have right to a leave special not paid. This leave of absence must be justified and will have a maximum duration of sixty calendar days, counted from the fourth or sixth day, as appropriate, of death and must be requested to the employer by the beneficiary by the corresponding letter, which should be the date of reinstatement to his job, which will be automatic.
Article 49. Pauses and reduction of day for breastfeeding.
The workers, by breastfeeding of a son less of nine months, will have right to a time paid of absence of the work. This absence paid is may enjoy to choice of it worker or worker prior communication to the address of the company with advance enough, according to them following options: 1. divided in two fractions to the start or at the end of the day or of any of them shifts of it same if is works in regime of day split.
2 accumulate the total resulting permit hours of previous reduction and enjoy them without interruption and then rest for maternity leave, so will enjoy 3 additional weeks to 16 weeks of maternity leave or those that apply in cases of multiple births.
Such permission for care of infants may be granted to the father, provided that so you decide in the family unit. Same procedure shall be followed in the case of adoption of children under nine months.
Time concreteness and determination of the permission of lactation period shall correspond to the worker or the worker, within their regular day. Worker should notice to the employer with fifteen days before the date where re-join your ordinary day.
Article 50. Party of labour (1st of May).
You may 1 is considered as a party of no work activity, for all purposes, to be the international labor day. However the legal representatives of the workers and the companies may establish another feast, of not work instead of May 1.
In any case you agreed the opening of the through financial compensation any.
Article 51. Dinner or lunch.
All workers and workers who perform a continuous day greater than or equal to 8 hours in a day, will be entitled to a minimum daily rest period of 30 minutes for lunch or dinner, not computable as effective working time. However, in those companies which come enjoying more rest time for this task or have the consideration of effective working time, keep it.
The company shall be a discount of the 40% on the price that in each moment should pay the customer in them meals or dinners of the personal in dependencies of the company, except offers and promotions in which paid the amount full of them same, if chose by these.
Article 52. Overtime.
During the term of this agreement, the implementation of overtime on a permanent basis is prohibited. However, if the completion of overtime is essential for reasons of force majeure, these be compensated preferably with equivalent free time.
Year 2008 Euro Group technical of table.
12.62 Group technical room.
10,69 rest of staff.
8.89. for the implementation of what has been agreed in the previous paragraph, the undertakings affected by this Convention will be required to provide on a monthly basis to the Committee or staff delegates, nominal information about the number of overtime hours taken, specifying their causes.
The realization of overtime, as established in article 35.5 of statute of workers, will be recorded every day, and is totaled annually, by delivering a copy of the annual review to the worker in the corresponding part.
Chapter third provisions economic article 53. Wage base.
During the validity of this Convention the wage base for all them categories and levels Professional, is which is the category of it room for which provide their services, is set in them following amounts: year 2008 Euros wage base annual 11.925,07 wage base monthly 795 them workers and workers fixed of work discontinuous and full-time partial, will receive his wage to pro rata of them hours really worked.
Article 54. Breach of currency.
Companies shall pay the cashiers and dealers/as-Locutores/ACE, as well as to the heads/ACE table, when to perform functions of ATM/as, and the staff of admission who is assigned by the company to facilitate recreational machines, a plus of brokenness of currency change, by the following amounts: year 2008 annual amount Euros.
176,67 monthly amount.
16.06 this Plus shall be charged during eleven months of the year, being excluded the of the annual vacation. The fixed discontinuous working men and women workers shall receive this Plus in proportion to the days worked.
Article 55. Extension of day plus.
In order to financially compensate those workers and workers who have to work outside normal, such as cash closing hours by real room needs, collection room, review of cartons and series, etc., companies paid such workers an extension plus day, by the following amounts: year 2008 Euro Group technical table.
33.78 room technical group.
31,98 the rest of the staff.
27,13 this plus it will receive, in all case, the workers, for to ensure them 1000 euros of wage minimum earned.
Article 56. Plus of Convention consolidated.
He plus Convention regulated in the previous Convention frame State is replaced by the present plus Convention consolidated that will receive the personal that is paying its services with prior to the date of publication of the present Convention. The determination of the plus of Convention consolidated that will receive them workers and workers in the year 2008, will correspond in its amount whereas the media perceived during the year 2007. The media perceived is determined taking all the amounts perceived in concept of plus Convention during the year 2007, divided between the number of months of provision of services during the referred year 2007.
The present plus Convention consolidated not can be object of absorption or compensation, increasing is in its claims for them years successive in the same percentage that is set in the Convention frame State for the wage base.
Companies that come to extinguish indefinite employment contracts of workers recipients of the plus consolidated Convention, except for the disciplinary character that are qualified as from or dismissals due to objective, stipulated by the term of twelve months to hire another worker or a worker, or converting a temporary contract or fixed term, shall be obliged to pay to the new worker or a worker contracted , or the worker who sees his contract developed in indefinite, the same plus consolidated Convention which would have perceived the labourer who extinguished their contract.
Article 57. Night moves plus.
Companies will pay to all workers carrying out part of their day after 22 hours, the amount of 77,10 euros per month for the year 2008, the concept of night, in twelve instalments, including holidays.
Article 58. Extraordinary bonuses.
All workers will receive three extraordinary bonuses, which paid the companies in the following way: 1. December 20 each year.
2. at the time of start, each worker, their holiday annual. This pay is may apportion during the twelve months of the year.
3. before the day 20 of June of each year.
The amount of each an of these pay is fixed in them amounts following, to which is adding them complements «ad personam» (substitute of the antiquity).
Year 2008 Euros pays extraordinary.
795 them workers and workers fixed of work discontinuous and full-time partial will receive these bonuses to pro rata of them hours actually worked, and can pay is them included in them liquidations monthly of assets accrued.
Article 59. Plus de transport.
As compensation for costs of travel and transport within the town, as well as from the home to work and return centers, sets a plus of distance and transportation in amount of € 510,40 per annum or 46.4 euros per month for the year 2008, that workers receive monthly, or in proportion to the days worked in the case of the fixed batch job. This Plus is charged during eleven monthly payments, being excluded the month of enjoyment of holiday annual. He personal of cleaning are paid by this concept the amount of 0.69 euros for each day of work effective in the year 2008.
Article 60. Clothes for work.
Annually, the companies will supply as minimum to all their workers and workers two uniform complete, as well as them utensils and accessories, whenever is them requires its use.
Likewise, will supply all those clothes in that the company set conditions certain regard to its model or color.
Article 61. Form of payment of the salary.
The payment of wages is effected through direct debit payroll of each employee or worker, by bank or savings banks. If not possible through this system nominee heels, with independence in the punctual delivery of the salary sheet will be used to each worker and worker.
Chapter fourth social security complementary article 62. Temporary disability.
The company will pay the possible differences that may exist between the perceptions for temporary disability and the 100 by 100 of the regulating base of the previous month. This possible difference shall be paid from the 16th day low and up to a maximum of six months; except that the rate of absenteeism in the company is exceeding the 4 by 100, in which case the add up to 100 per 100 of the base pension shall be paid from the day low of 21.º and a maximum also six months.
In case of temporary disability for accident or that he required surgery with hospitalization 100% shall be paid from the first day and up to a maximum of six months.
In cases of temporary disability as a result of accident at work or occupational disease, shall be paid 100% from the first day and up to a maximum of twelve months.
Article 63. Risk during pregnancy and maternity.
In cases of low risk during pregnancy, the situation certified by the medical services of the public health service competent job conditions can adversely affect the health of the pregnant woman or the fetus and the adaptation to another job that would prevent such a risk, is not possible is you are paid from the first day of the low and up to the time of delivery , a supplement by the company up to 100 per 100 of the regulating base of the previous month.
In cases of maternity leave is guaranteed the perception of the 100 by 100 of the regulating base of the previous month.
Article 64. Help for marriage or couple indeed.
Personnel with more than two years in the company that marriage or start a stable and affective relationship under the terms provided in the first additional provision of the Convention, and continue to render their services in the company, shall be entitled to perceive, as a prize of marriage, a bonus equivalent to 30 days of salary base and complement 'ad personam'.
Article 65. Sectoral pension plan.
During the term of the previous Convention was already made up, on the basis of provisions of the law of regulation of plans and pension funds, approved by Royal Legislative Decree 1/2002, of 29 November, and its implementing regulations and consistent, the existing sectoral joint promotion Pension Plan, in which the promoters of the plan are companies affected by this Convention and holders of these workers , through a contribution minimum and mandatory monthly of them companies affected by the Convention to a Plan of Inns, in amount of the 0.28% of the salary pensionable of each worker or worker and month, as well as in your case, them amounts individualized necessary for reach the provision objective.
Is empowered to the Commission joint of the present Convention frame for establish them contributions extraordinary necessary that ensure them rights in course of consolidation of them workers with ages next to the retirement.
In the areas of negotiation under the present framework agreement that had replaced the obligation to pay the so-called «retirement bonuses» by other formulas laid down in such agreements, the provisions of this article shall not apply, except that in the field concerned the negotiating parties decide to adhere to the provisions in this text.
Article 66. Benefit for disability or death if as result of accident at work or occupational disease, is would lead to a situation of permanent invalidity degree of Total disability for their usual profession or absolute permanent incapacity for all work, the company paid to worker the amount of 18,000 euros in the event of great disability amount is fixed at € 25,000.
If as result of accident at work or occupational disease there should come upon death, the compensation will be 15,000 euros beneficiaries thereof or otherwise entitled to perceive of this amount spouse or dependants.
The obligations established in this article not reach directly to those companies that have covered these risks by policies subscribed with a company of safe, in whose case will assume these them responsibilities corresponding.
For cover these benefits, the companies will sign a policy of insurance to which may adhere is all them companies that it wish to.
However it stipulated in the article 6 of this Convention, the update of this provision shall enter in force to them three months of the publication of the present Convention in the «Bulletin official of the State».
Article 67. Help for death.
The company paid to the spouse or common-law partner in fact their workers or workers who die, or failing to their sons or daughters under the age of 18 or the disabled, or parents under its dependence, one month's salary of Convention more complement 'ad personam', in aid by death.
Suspension of the contract of employment article 68 fifth chapter. Leaves of absence.
He is entitled to leave of absence for workers and workers affected by the Convention carrying more than one year of service of the company.
I. voluntary leaves of absence: a) for a minimum period of a four months and up to five years.
(b) the surplus cannot be the same activity of the company. If breaches this prohibition will be cause of resolution of their relationship work.
(c) the worker or a worker with a month's notice at the end of the leave of absence must reliably the company communicate its intention to rejoin.
(II. sabbaticals Special: 1. by a term maximum of three years, when is credited them following alleged: to) to attend to the care of each son or daughter, both it is by nature, as by adoption, or in them alleged of foster care, permanent or pre-adoptive, to count from the date of birth or, in its case, of it resolution judicial administrative.
b) to cater for the care of the spouse, person that is living or family, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness can not stand by if, and not carry out paid activity. The minimum period of leave in this case is three months.
(c) by personal treatment of substance abusing or alcoholism under surveillance medical. The minimum period of leave of absence in this course is one year.
2 labourer when cease the causes which gave rise to the leave of absence must be notified in writing to the company its return-to-work, computing the period of leave for purposes of seniority in the cases expressly referred to in the law.
3. these situations of leave of absence only is computed for the purposes of seniority when so is established by law, staying Meanwhile the contract of work suspended with arrangement to it legally established.
In situation of leave of a worker or working, already is voluntary or forced, the company is will see obliged, in case of replacement, to do it through contract of interinaje by the time of duration of the leave of absence.
Article 69. Close temporary.
The delay in the procedures of renewal of the authorisation for the opening and operation of the game room, the lack of municipal permits to any place or any other governmental permission, as well as closing Government default as provided in the regulations governing the development and operation of the Chambers of game of luck , gambling or gaming in each of the autonomous communities, will be for the proprietor of the authorization or, where appropriate, the borrower of the service company, the obligation to pay an amount equal to the salary of the Convention fully to workers than for not being discharged in the Social Security on the day of incorporation effective to your job , do not take the quote and not enough time could qualify for unemployment insurance.
In any case, enterprises in a situation of temporary closure, will make all efforts conducive to get the benefits of providing unemployment benefits the staff in charge, prosecuting, where appropriate, the corresponding record of temporary regulation of employment.
Chapter sixth career development article 70. Vacancies and promotions.
When a vacancy occurs in any professional category, you will get knowledge of the legal representation of workers, constituting a Joint Committee consisting of representatives of the same and persons designated by the company, which will determine appropriate tests to workers of the company who aspire to rise shall be tested, according to objective criteria of knowledge and professional preparation for the post to cover. Each Party shall designate persons trained for the control of relevant evidence. In case of equality of training among the applicants, will take into account the antiquity.
Of not being among the qualified applicants to the labourer, the company may cover such vacant attending to it outsourcing.
Chapter seventh termination of the contract of employment article 71. Ceasefires.
Workers or workers who wish to voluntarily cease at the service of the company will be obliged to inform it in writing with return receipt, with a period of fifteen days. Failure to comply with the worker or workers from the obligation of preavisar indicated in advance entitle the company to deduct the amount of one day's wage for each day of delay in notice of their liquidation.
In the same way the company shall be bound, to preavisar with the same notice and conditions laid down for the labourer. The notice has been made, it shall be bound, seven days before causing low worker to deliver to this settlement and the settlement for verification, which shall be paid the last day of work. The breach of this obligation will be rigged law of the labourer to be compensated with the amount of the salary of a day for each day of delay in the payment of the settlement, with a limit of the number of days of notice.
Article 72. Special retirement at the age of 64.
Workers with sixty-four-year-old will retire under the conditions referred to in the Royal Decree 1194 / 1985 of 17 July on anticipation of the retirement age as a measure of employment promotion.
In these cases, the company shall be bound to replace retired for at least one year, by another worker or a worker that is registered as unemployed in the appropriate employment office worker or a worker.
Article 73. Forced retirement.
According to the circumstances and working conditions of the labor in the Bingo industry and as a measure of employment is set the termination of the employment relationship by compulsory retirement of workers that meet all the requirements to be beneficiaries of the retirement of the public system of Social Security pension to meet the sixty-five years of age , in the amount of 100 per 100 of the corresponding regulatory base. In these cases, the forecast contained in the letter to / of the existing provision additional tenth of statute of workers this measure is linked to objectives consistent with the policy of employment in the sector so that the vacancy caused by the forced retirement has to be covered by hiring new workers or by the transformation of permanent contract temporary contract.
Chapter eight health labor article 74. Safety and health at work.
The business organisation and trade union organizations represented at the negotiating table of the present Convention, aware that the protection of workers against occupational risks requires a performance at the company that goes beyond mere compliance with formal a set of duties and business obligations and, even more, the simple correction afterwards of situations of risk already manifested. Of that it planning of it prevention from the time same of the project business, it evaluation initial of them risks inherent to the work and its update periodic through a set of measures of action preventive appropriate to the nature of them risks detected constitute elements basic in the prevention of risks labour. All this, together with the information and training of workers aimed at a better understanding of the risks of work as well as how to prevent them and avoid them, in a way adapted to the peculiarities of each workplace, the characteristics of people who develop their labour provision in it and the specific activity carried out.
Commit themselves to the development and implementation of legislation concerning occupational safety and health in all enterprises affected by the Convention, in accordance with article 2(2) of law 31/1995 of 8 November.
Article 75. Sectoral Committee on safety and health.
Likewise, in order to encourage the participation of employers and workers, through the business and trade unions most representative organizations, in the planning, programming, organization and control of management related to the improvement of the working conditions and the protection of the safety and health of workers at work is agreed the Constitution of a sectoral Commission on safety and health at work whose composition shall be equal and shall adopt its own rules of internals, assuming the competences and powers of consultation and participation in the matters related to the policy of working in the Sector for delegates and delegates of prevention and safety committees and health, referred to in chapter V, articles 36 to 39, of the law of prevention of occupational risks.
The Commission shall meet on a quarterly basis and always some of the parties so request and can summon prevention technicians as advisors to the issues that are addressed.
Will have as skills: promoting the study of the conditions of work in the sector.
Formulation of sectoral prevention plans.
Follow-up of the agreements in this matter that is regulate in the negotiation collective of the sector.
Evaluation and monitoring of the application of the regulations.
Promotion of occupational safety and health in enterprises.
Promote educational campaigns on the prevention of risks.
Issue reports to requirement of them parties to near them issues that pose the correct and proper treatment of the safety and health in the sector.
Those who can take the application by the law of prevention of occupational risks.
Develop the objective 3 of the Spanish strategy of safety and health (2007-2012).
Article 76. Health surveillance.
The company will guarantee workers at your service the regular monitoring of their State of health, on the basis of the risks inherent in the work, in the terms provided for in article 22 of the law on prevention of occupational risks.
Medical examinations will be specific to the risk factors that exposed the worker, using the protocols of surveillance of the health of workers who develop the Ministry of health and consumption.
The periodicity of these awards will be as a minimum annual.
Is will ensure the confidentiality of all information related with the State of health of the worker or worker and is will respect the right to the privacy and dignity of the worker or working, not being able is use these data with late discriminatory.
Ninth chapter Union Rights article 77. Rights Trade Union of the workers and workers.
All representatives of workers entitled a: disseminate publications and notices of a trade union nature in the premises of the company, among workers and outside working hours.
Fix all types of communications and announcements of a trade union nature in boards that for this purpose should be established and provided by the employer, within the premises of the company and in places that will ensure an adequate access of all workers, trying to avoid its location in the premises of public access thereto.
Collect Union dues from members, as well as any contributions for Trade Union purposes, outside working hours.
Workers who are chosen to carry out Trade Union positions of Sectorial area (regional, provincial,...), they may request trade union leave of absence for the time necessary, being obligatory for the company its concession and the reserve's work, in the terms established in the organic law on freedom of Association.
Article 78. Rights of works councils and personnel delegates.
Them committees of company and them delegates / as of personal, besides them competencies established in the Statute of them workers, will have right a: convene assemblies of them workers and workers of the company, prior notification to the entrepreneur, in them centres of work and out of the day labor.
Have a balance of twenty hours a month of paid leave to attend the labor issues of their constituents after giving notice to the employer and further justification. This balance may be extended in five hours for attendance at training courses and Trade Union Congress.
Have up to eight days of permission not paid to the year for the exercise of activities Union to the margin of the company prior notification to the entrepreneur with a minimum of seventy and two hours and later justification.
That is communicate to the rest of the personal his dismissal, in case of produce is, that must resolve is, in all case, by the judged of it Social, and in the so-called of declare is inadmissible the company must reinstate you.
Them delegates / as of personal or members of the Committee of company, prior agreement written with the address of the company, may accumulate the hours Union to have right in the form that create suitable.
Article 79. Sections Trade Union.
Those unions may constitute sections Union, according to it provisions in the law organic of freedom Union. In enterprises with more than 20 workers and workers who have a 50% affiliate or affiliates, the Union section will represent the Union of its members and affiliates interests to the management of the company having to delegate a Union, who will benefit from the rights and guarantees laid down for members of works councils and personnel delegates , except in what it refers to reserves of hours.
Article 80. Plank of announcements.
Must be in site visible for them workers and workers a plank of ads in that must appear the TC-1 and TC-2 of quote of it security Social, calendar work, holiday of them workers and workers, calendar official of parties, plantilla-escalafon of personal and proof of payment of the tax of the performance of them people physical; In addition to all the information that they deem of interest them sections Union, committees of company or delegates / as of Personal.
Article 81. Invalidity of acts or agreements.
Will be null and void any act or Pact conducive a: condition of the employment of a worker to your affiliation or not to any trade union.
Dismiss, sanction or dismiss a worker by reason of their membership or union activity.
Article 82. Collection of Union dues.
In order to facilitate the work in the collection of trade union dues, the companies agree to deduct them from the payroll of the labourer who so requests in writing, by entering them below in the account that is indicated to him by the Union.
Chapter tenth administration and follow-up of the Convention article 83. Composition of the Joint Commission.
The Commission joint will be integrated by two parts, an in representation of the Association business and another in representation of the Central Union signatory of the Convention or with representation in the table negotiating. Each part will be integrated by six representatives, from all them to the Commission negotiating.
Both parties may be assisted by two advisors with voice but without vote. Agreements of the Commission will require, in any case, the vote of 60% for each of the two representations. For the validity of their meetings is will require the prior citation to the responsible of coordination of each an of them parts. Made this requirement, with the prudent advance, the Commission will be validly constituted with the assistance to the meeting of four members of the representation business and of two by each an of them Union, signatory of the Convention.
The home of the social part is fixed in: Federación Estatal de Comercio, hospitality and game of the General Union of workers (UGT-CHTJ): 25 America Ave., 4th floor.
firstname.lastname@example.org State Federation of Commerce, catering and tourism of DC. OO.
(FECOHT - CC. (OO.): Plaza of Cristino Martos, 4, 3rd floor.
email@example.com Federation of services of the Union Union Obrera (US0)).
C / Príncipe de Vergara, 13, 7th floor.
firstname.lastname@example.org the home of the economic part is fixed in: Spanish Confederation of game entrepreneurs (CEJ).
C / Lagasca 18, 1 28006 Madrid.
email@example.com article 84. Functions of the Joint Commission.
Interpretation of all of the terms of this agreement.
Implementation of what is agreed and monitoring of compliance.
Follow-up of those agreements whose development should produce is in the time and during the whole of the force of them themselves.
Request immediate meeting of this Committee for the purposes of brought his mediation, interpret the agreement and offer arbitration mediation, arbitration and conciliation, in case of conflict between company and worker, in the event of dispute, at the request of one of its organs.
Develop and propose to the public administration changes and updates that are suitable to Bingo game rules for their better implementation and more exact concordance with the social reality of each moment.
Adopt new arrangements which develop what has been agreed in this agreement, if the circumstances so require.
It will be depositary of a copy of the insurance policy provided for in the Convention. The signing of the agreement and subsequently on an annual basis you will know the economic update of policy and changes in their condition, if any.
When the implementation of the Agreement arise insoluble discrepancies by the Joint Commission, this may send conflicts, collective and individual, so he determined to mediation or arbitration of the ASEC.
Through relevant agreements, this Committee may delegate implementation, arbitration and surveillance functions in territorial commissions of lower scope that can create.
Alternative solution eleventh chapter of labour disputes article 85. No jurisdictional dispute settlement procedures.
The parties agree to membership total and unconditioned Interconfederal agreement out-of-court settlement of labour disputes (ASEC III) III; subject entirely to the mediation and arbitration if necessary, bodies established by the Interconfederal mediation and arbitration (SIMA) service.
At sectoral levels lower, the negotiating parties may expressly adhere to extrajudicial or alternative systems of labour disputes settlement established at the level of the autonomous communities; without prejudice to which and through this framework Convention State sector adheres to all systems provided for in such areas and signed by business associations and the most representative trade unions. Conflicts that affect more than one autonomous community, it will be of application extrajudicial system of State level of the Inter-Confederation mediation and Arbitration disputes.
The Joint Commission may designate the composition of the corresponding mediation body, in each case subject to the rules and procedures laid down in the ASEC III, acting in the bosom of the own Interconfederal mediation and arbitration (SIMA) service.
Chapter twelfth situations of deficit or loss article 86. Special scheme for compensation for loss-making enterprises or with losses.
Wages agreed in this Agreement shall not be obliged or required application for those companies who prove objectively and truthfully, situation of deficit or losses in 2006 and 2007 accounting exercises (for the possible top 2008), also be taken into account forecasts for the year 2008. The same rule applies for the year 2009, in which case, the salary to be applied will be that of the immediately preceding year that occurs 'lift wages' with the corresponding pay review.
In these cases the wages will be set in the following amounts: annual salary...
€11.446,61 monthly salary...
€763,11 extra payments...
€763,11 to assess this situation shall be taken into account circumstances such as the insufficient level of sales and you cater to data resulting from accounting firms, their balance sheets and their income statement.
Companies that consider that the circumstances expressed in paragraph first attend informs in the non-extendable term of fifteen days from the publication of the Convention in the Official Gazette, the representatives of the workers and the Joint Commission of this Convention, his intention to avail himself of the procedure regulated in this clause.
In within thirty days from the publication in the Official Gazette the company delivered to the representatives of workers accounting data to which reference has been made, and within these same terms the parties agree if applicable or not eligible for the provisions of this clause.
The agreement or disagreement will be communicated to the Joint Committee within the period of five days have been produced, who shall proceed as follows: A) in case of agreement, the Joint Committee recorded the statement and shall acknowledge receipt of it, archiving all proceedings that have followed so far.
(B) in case of disagreement, the Joint Commission, will examine the data available to them, it shall seek the complementary documentation and the advice that as he deems appropriate and you will hear the parties, acting, unanimously, above if the company discussed concur or not the circumstances expressed in paragraph first.
The procedure laid down in this paragraph B) will take place within the period of ninety calendar days after the publication of the Convention in the Official Gazette.
If the Joint Commission interprets that the enterprise in question are given the circumstances envisaged in this provision, it shall inform the representatives of the workers and the management of the company, to implement the wage conditions of this clause. In case contrary, communicated also to the parts their obligation of respect them increases wage of this Convention.
If not is forth agreement unanimous, the Commission joint shall forward the decision to adopt, to the amparo of the agreement of solution Extrajudicial of conflicts, to procedure arbitration before the service Interconfederal of mediation and arbitration to the effect of that is dictated award arbitration binding for them parts.
Them representatives legal of them workers and them members of the Commission joint are forced to treat and keep in the greater book the information received and them data to is has had access, as consequence of it established in them paragraphs earlier, noting concerning this stealth professional.
The term of thirty days established in the paragraph 6 will be extended as maximum in fifteen days natural, by agreement of the address of the company and them representatives of them workers, provided it communicate jointly to the Commission joint.
The time available to the Joint Commission to make its decisions may be also extended by fifteen calendar days, by unanimous agreement of its members.
All notifications referred to in this article must be made in writing by certified mail with return receipt requested.
The periods established in this provision shall expiry for all purposes. In the extended deadlines, the expiration will operate at the end of the extension, if any.
In any case it is understood that the provisions from paragraphs only affects the wage concept, finding required companies affected by the contents of the text of the Convention.
First additional provision ADDITIONAL PROVISIONS. Domestic partners.
The same rights, including those relating to paid licenses, which the Convention provides for spouses in marriage, people, regardless of their sexual orientation, that coexist in the union of affective and stable couple prior justification of these extremes through certification of the corresponding official register of couples in fact are recognized. This certification may be replaced in those towns where there is no official registration, notarial act or municipal certification of coexistence.
Second additional provision. Constitution of the Observatory State of the sector employment of bingo (OB).
The parties signatory or represented at the negotiating table of the framework Convention, bearing in mind the considerations and recommendations contained in the successive confederations collective bargaining agreements, signed by the Spanish Confederation of business organizations (CEOE), the Spanish Confederation of the small and medium enterprises (CEPYME), the Trade Union Confederation Comisiones Obreras (CC. OO.) and the General Workers Union (UGT), on the need for further instruments favouring the cooperation between companies and workers, specifically in the State sectoral level through the promotion of observatories, maintain the Constitution in his area of the State Observatory of the labor sector of bingo (OB).
The Constitution and maintenance of the State Observatory of the labor sector of bingo halls will allow the joint analysis, by Union representatives and business representation, on matters such as the position of companies in the market, the administrative regulation of the activity of the game by the State and the autonomous communities, technological development, environmental issues, employment , training needs and those that parties are considering at every moment of interest for the labor sector of bingo.
Them agents social present in the Observatory State of the sector labor of bingo considered this instrument a via joint of participation e dialogue before it administration public, both of the State as of them communities autonomous, in defense of them interests of the sector labor of bingo in its joint, as well as before the society, trying to the dignity and the recognition of the activity of the game of the bingo , developed of way responsible, as service playful and of leisure that generates employment and wealth, in contrast with the lacra that implies for the sector the activity of the game illegal.
The State Observatory of the labor sector of bingo will consist of equally by the signatory organizations of the present framework Convention, with the following members: two members by the State Federation of trade workers, hospitality and game of the General Union of Trabajadores-UGT.
Two members by the State Federation of Commerce, catering and tourism workers-FECOHT-CC.OO commissions.
A member by the Federation of services of the Tibú Union Union.
Five members by the Spanish Confederation of game.
The Observatory will take their initiatives through consensus and will take their agreements by unanimity.
Provision additional third. Replacement of the concept of antiquity by plug-in "ad personam".
Them parties signatories of the present Convention, agreed to delete the complement personal of antiquity, collected in the article 36 of the Convention collective existing until the 31 of December of 1999.
Them workers that to date 31 of December of 1997, perceive the complement of antiquity according to the system that provided the standard collective applicable for 1995 / 96, will be replaced said concept remuneration by a complement «ad personam», of nature wage and of character not absorbable, or compensable.
1. the worker that day, December 31, 1997 had entitlement to seniority complement, i.e. with two or more years of tenure at the company, will refund this amount, prorating the days of excess that could result from full months.
Consequently, the calculation of the 'ad personam' complement held follows: No. months old (31/12/97), divided by 24 and multiplied by 3% and by 1997 base salary.
2 this complement will increase in subsequent years, in the same both per cent yearly, agreed to the wage increase in each year. Not applicable for the new hiring of permanent staff.
3. This supplement is accrued, for workers who had right to it, along with the wage Base on the extra payments, as is had perceived the concept of «Old» beforehand.
4. the 'ad personam' complement system, replaces the concept of seniority plus or any other that may have origin in the years of tenure at the company, in place of work, time in the provision of the service or any other of a similar nature, in such a way that fixed said complement, bonuses may not agree that derived from the above concepts , nor is shall accrue increases on the same, different to those of the own update that is pacte as increased wage.
Fourth additional provision. Committee on equality in the State sectoral area of the sector of the bingo game.
The Joint Committee is an equality Commission, composed of ten members, appointing the undersigned business organization five members; and the two trade unions signatory or represented at the negotiating table of the framework agreement of Bingos, majority two members each, designating the remaining minority Trade Union a Member; providing a joint and balanced composition of men and women.
The equal Commission assumes and specifically shall exercise the powers of the Joint Committee on the matters related to the equality of women and men in the workplace.
The Equality Commission will be monitoring the implementation of equality measures provided for in this chapter, as well as that it might have collective agreements less scope and plans of equality in companies in the sector of the Bingo game. For this purpose may request information to the negotiating parties of the conventions concerned, as well as businesses about their plans of equality.
The Equality Commission may propose further measures in the field of equality of treatment and opportunity between women and men, for inclusion by the Negotiating Committee, where appropriate, to the content of the Convention frame State of the Sector of the game of Bingo.
The equal Commission shall seek public authorities-building measures to encourage the voluntary adoption of equality plans, especially targeted at small and medium-sized companies in the sector of the game of Bingo, provided for in article 49 of the basic law for the effective equality of women and men.
Fifth additional provision. Sectoral pension plan.
The Commission promoter will be formed equally by ten members, corresponding five to the representation business and the five remaining to them representations Union signatory of the present Convention frame.
It representation Union of the Commission promoter will be designated by them organizations Union attending to the criterion of its representation in the sector, whereas the number of delegates of personal and of members of committees of company elected in them centers of work and in the companies of the sector.
It Commission promoter will proceed to perform few steps are necessary to formalize the Plan, designate the entities managing and depository of the same and develop and apply in final the same.
The Commission of Control of the Plan is will be according to the same rules of parity and representation planned for it Commission promoter. The Commission's follow-up of the Plan is will provide of a regulation adopting their decisions through most of each an of them two representations, business and Union.
The formalization of the Pension Plan will be the definitive replacement of award of pension commitment.
Provision additional sixth. Committee for the adaptation of the system of classification professional.
Them parts is undertake to constitute in the present year 2008 a group of work, with representation of the table negotiating and/or of them parts signatory of the Convention frame and participation of them technical and experts that these determine, that will have as object the identification of them new games that develop them companies of the sector, and the influence that them same can produce in the determination of them functions of them categories professional and in the system of classification Professional.
TRANSITIONAL PROVISIONS first transitory provision. Salary increase.
1. the economic increase for the year 2008 is 4.18% for all economic items of the Convention, including the tables of the consolidated Convention plus.
However, as the actual CPI of December 31, 2008 are more than 4.18%, will be conducting the review of all wage and non-wage items by the difference that occurs above 4.18%, paying the resulting amount in the first fortnight of February 2009.
2. the salary increase for 2009 will be 4.18% in all economic items, including tables of the consolidated Convention plus.
However, where the real CPI of December 31, 2009 is more than 4.18%, will be conducting the review of all wage and non-wage items by the difference that occurs above 4.18%, paying the resulting amount in the first half of February 2010.
Second transitional provision. Application of the structure of bargaining collective in the sector.
The will of the negotiating parties is that the present framework Convention applies in its entirety and the effects that are expected in the first title. Also, it will of reorder them areas lower expressed in the cited title first, has of have a translating practice from the date of publication of the present Convention framework.
Accordingly, signatory organizations agree that the provisions contained in collective agreements of less than the State sector, in force on the date of publication of the present Convention, will automatically fall to the end of the period initially laid down in the same, being application from that very moment the regulation contained in the present framework Convention, and must necessarily adapt the negotiation of those contemplated in the Convention frame in specific terms provided for in the second chapter of the first title.
If during the development of the process of collective bargaining of collective agreements of less than the State scope arise discrepancies or disputes involving failure to achieve agreements on the adaptation of the economic conditions to the minimum provisions of this framework agreement, at the request of any of the Parties present in the negotiation process can be encouraged mediation process before the Joint Committee on the State framework agreement It will be integrated as a specific organ in the Interconfederal mediation and arbitration (SIMA) service, as provided for article 5(2) of the agreement on the extra-judicial settlement of conflicts (ASEC), in which alternatives for the integration of the conflict are raised.
Exhausted the process of mediation referred without it achievement of agreement, the controversy is resolved necessarily through a procedure of arbitration before the organ of solution extrajudicial of conflicts competent that will culminate with the dictated of an award of forced compliance for them parts.
Third transitional provision.
Gradually though not homogeneous, in some autonomous communities, are being implemented special or exclusive prize machines for bingo halls, entails in practice the realization of some functions that are not covered in article 21 of this agreement, among other reasons, due to the novelty of its implementation, as well as the will of the parties expressed in the sixth additional provision adapt the functions of the occupational categories and its professional classification system. Therefore until there is the identification of new games and its influence, the parties agree to temporarily join the Group of technicians of room, the following function:-will attend special game machines, matter what your location, facilitating the players change in the coins that require you and the payment of awards.
Available to transient fourth.
Regarding the economic conditions that a basis of minimum requirements set out in chapter III of title III of this Convention framework, taking into account the circumstances that flows through the sector and the disparity of non-homogeneous conditions existing between the framework Convention and the provincial Convention of Valencia, agree to leave in suspense for the province of Valencia, provisions of the fourth transitional provision of the Convention State framework for organizing the game companies of the Bingo subscribed with date of 22 of October of 2003 (BOE of 11-12-2003), insofar as not is produce the homogenization of them aspects relating to the day annual effective, the plus Convention and other conditions more favorable collected in the Convention provincial of Valencia, in connection with the present Convention frame State.
ANNEX 1 concepts economic 1. I. salary wage structure base II. Wage supplements Ad personam (disp. adic. 3rd).
Only for those who charged age as of December 31, 1997.
Plus consolidated Convention (art. 56).
Only for those who were employed at the date of publication of the Convention.
Extension of time (art. 55).
Workers, shall receive this plus, in any case, to ensure that the minimum wage earned €1000.
Also be charged this plus who, surpassing the €1000 guaranteed accrued salary made the extension of day.
Breach of currency (art. 54).
They are entitled to this plus: cash.
Table headers when they perform the function of cashier.
Admission when change in gaming machines.
Is it charged 11 months a year.
Night moves (art. 57).
Only for those to carry out part of their day after 22:00.
Complements of quantity and quality.
Any supplement determined by the negotiation of lower scope having as object the incentive of the quality or amount of the employment benefit.
Any plug-in that comes determined by the special and personal characteristics of the worker III. Non-wage supplements Plus transportation (art. 59).
They have right to this plus all the workers charged 11 months a year diets.
-Compensation or supplemented.
IV. Remuneration in kind V. improvements voluntary individually agreed or unilaterally granted by the entrepreneur 2. Wages 2008 to. With effects from 1 of January of 2008 are are the amounts to apply in Payroll: concepts economic 2008 wage Base (art. 53).
Amount annual 11.925,07 € amount monthly 795 € reward extraordinary (art. 58) 795 € Plus de transport (art. 59).
Amount annual 510,4 € amount monthly (11 months) 46.4 € Personal cleaning (by day of work effective) 0.69 € sagging of currency (art. 54).
Amount annual 176,67 € amount monthly (11 eleven months) 16.06 € hour extraordinary (art. 52).
Technical of game 12,62 € technical of room 10,69 € services auxiliary 8.89 € Plus of extension of day (art. 55).
Technical of table 33,78 € technical of room 31,98 € rest of Personal 27,13 € Plus of night (art. 57).
Monthly (12 months) €77,10 supplement Ad Personam (3rd disp.adic).
Only for those that have right to collect this amount 2007 increased in a 4.18%.
Plus consolidated Convention (art. 56).
Only for those who have the right to collect this sum plus Convention 2007 No. months delivery during 2007 + 4.18% B. If it contrasts in January 2009, the definitive real 2008 CPI exceeds 4%, it must be the difference between the amounts reflected in the table and the amount calculated by applying to these amounts the difference between 4% and the definitive real CPI in 2008. The result must be paid as arrears in the first fortnight of February 2009.
3 salaries 2009.
A 2009 salary tables will be the result of applying a 4.18% rise, once 2008 amounts have applied to them is the eventual difference between 4% and the definitive real CPI in 2008.
B. If it contrasts in January 2010, the definitive real 2009 CPI exceeds 4%, it must be the difference between the amounts reflected in the table and the amount calculated by applying to these amounts the difference between 4% and the actual CPI. The result must be paid as arrears in the first fortnight of February 2009.