Key Benefits:
Having regard to the text of the State Framework Convention for the organization of the game of Bingo (Convention Code No. 9901905), which was signed on 30 July 2008 by the Spanish Confederation of Gaming (CEJ) in representation of the companies in the sector and of the other by the Trade Union Organisations CHTJ-UGT and FECOHT-CC.OO on behalf of the employees of the sector and in accordance with the provisions of Article 90 (2) and (3) of the Royal Legislative Decree 1/1995, of 24 March, approving the recast of the Law on the Statute of the European Workers and Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions, This Directorate-General for Work, resolves:
First. -Order the registration of the aforementioned Collective Agreement in the corresponding Register of this Steering Center, with notification to the Negotiating Commission.
Second. -Dispose your publication in the Official State Gazette.
Madrid, October 21, 2008. -Director General of Labor, José Luis Villar Rodríguez.
STATE FRAMEWORK CONVENTION FOR BINGO GAME ORGANIZING COMPANIES
Preamble
This Collective Agreement of State Sectoral Sector continues to have in the first place the nature of a framework agreement and in this sense, as has been done in this collective bargaining unit, establishes the structure of collective bargaining in the sector, setting the rules for the resolution of conflicts of competition between conventions of different scope and the principles of complementarity of the various contracting units, establishing the areas which are reserved for the State sector and which cannot be object of negotiation in lower areas, under the provisions of Article 83.2 of the Staff Regulations. This Convention also contains, as was also the case with its background in this unit of collective bargaining, the regulation of concrete matters, as provided for in Article 83.3 of the Workers ' Statute. Some of these matters are reserved for the state sector of collective bargaining of this Convention, so that they cannot be negotiated in the rest of the lower areas. On the other hand, other specific subjects, which are also regulated in this State Sector Procurement Unit and which are contained in this Convention, may be subject to negotiation in the lower areas, with the aim of The content of this regulation is developed in the lower-level agreements. The other areas of collective bargaining which are not covered by this Convention may be freely negotiated in the lower areas which are articulated. The subject of collective bargaining is grouped in three large blocks:
Matters reserved for the present state sector, which are applicable in any case and which cannot be negotiated in other lower areas.
Matters negotiated in the present state sector and contained in this Convention that are not reserved for it, so that they can be developed and improved in the lower areas, and that they will be also applicable in the case of a lack of regulation in the lower areas. Matters not contained in this Convention, resulting in the regulations agreed in the lower areas.
Without prejudice to the above, the signatory parties undertake to integrate into the content of the Framework Convention, during its initial term, those matters and chapters which the Negotiating Commission may agree to. in the field of equal treatment and opportunities between women and men and in the adequacy of the system of professional classification, prepared by the Committees governed by the corresponding additional provisions.
TITLE I
General provisions
Chapter First
Signatory parties and legal nature of the framework agreement
Article 1. Signatory parties.
Subscribe this Collective State Framework Convention for the hosting companies of the Bingo Game, representing the business side of the Spanish Confederation of the Game (CEJ) and, on behalf of the workers, the State Federation of Trade Workers, Hostels-Tourism and Gaming of the General Workers 'Union (CHTJ-UGT), the State Federation of Trade, Hostels and Tourism of Workers' Commissions (FECOHT-CCOO.), which have Sufficient legitimacy and representativeness for the negotiation and signature of the same.
Article 2. Legal nature.
This Collective Convention of General Effectiveness is of the nature of the Framework Convention and also regulates specific matters, as provided for in Article 83 (2) and (3) of the Staff Regulations; the structure of the business and the establishment of rules for resolving disputes of competition, which may occur in the lower areas or between the different trading units, and the reserve criteria in relation to the matters referred to; also establishing the regulation of working conditions.
Chapter Two
Scope and extension of the framework agreement
Article 3. Personal scope.
This Collective Agreement is applicable to industrial relations between the companies organizing the Bingo game and the workers who provide their services in those for the performance of the functions. specific to the Chambers of Gaming and ancillary services, as referred to in Article 21 of this Convention, whatever the form of the contract.
Article 4. Functional scope.
All companies engaged in the organization of the game of bingo in any of its modalities are included in the scope of this Convention, whether they are services companies or holders of governmental license, when they directly exploit or organise the activity of the Bingo.
Article 5. Territorial scope.
The rules of this Convention are mandatory for all the companies organizing the game of bingo, located in the Spanish State, both those currently in operation and those that could be established in the future, in the terms and conditions laid down in Article 8 (3).
Article 6. Temporary scope and denunciation of the framework agreement.
This Convention will enter into force on the day following its publication in the Official Gazette of the State, although its economic aspects will be rolled back to 1 January 2008, and its duration will be two years, will end on 31 December 2009. In any event, it shall remain in force and shall be extended in accordance with the terms laid down in this Article.
Without prejudice to the fact that the parties reiterate their commitment to establish a stable, conventional regulation in this area, they agree to the possibility of denunciation by any of the parties to the agreement. quarter of its validity, by written communication addressed to the rest of the parties and to the Labor Authority. In order to ensure that the denunciation of this Convention does not occur in time and forms, the signatory parties agree to extend the validity of the whole of the Framework Convention of the Year in the year, until such time as the denunciation of the Framework Convention is produced. In general, the contents and clauses of this Framework Convention shall be extended and shall remain valid and binding once the complaint has been filed. All the normative content of the Convention will be automatically extended once the conventional standard has been denounced until the signature of the Framework Convention replacing it. In this way, if the Convention is denounced in time and form, both the content derived from its nature of the Framework Convention, in particular the provisions on the structure of collect allowance to the statutory one day of your salary per month worked, or pro rata in your case, from the sixth month of your work allowance and up to a maximum of ten days. They may not use this contractual mode, in the terms set out above, for undertakings which do not have the fixed-worker templates laid down in this Framework Convention or the number to be determined in the Conventions. Sector of lower scope, in development of the provisions of the present State Framework Convention
V. Contract of Interinity:
To replace workers with the right to reserve their jobs in the cases provided for in Article 15.1.c) of the Workers ' Statute. The replacement of the worker or worker may also be the subject of this contract during the three weeks of the period of breastfeeding provided for in this Framework Convention.
The contract will specify the name of the replaced person and the cause of the replacement. The temporary worker or worker shall remain in the undertaking if he does not return to his post, for any reason, of the replaced worker; in any case, the right of professional promotion of the rest of the template.
VI. Training Contract:
Contract for training: They aim at the acquisition of theoretical and practical training necessary for the proper performance of the job positions in the Professional Group of Room Technicians. Well understood that it will only be possible to celebrate with workers over 18 and under 21 years old; in line with the regulations applicable to the Rooms of Bingo. 1. According to the nature of this contract, it is estimated that the prevailing functions established in this Framework Convention and included in the Group of Game Technicians are not liable to be framed in this contractual figure, for the necessary practical experience to be accumulated by the identified categories.
2. The duration of this contract may not be less than 6 months, not more than 1 year. 3. Companies may only contract under this modality the number of workers provided for in Article 7 of Royal Decree 488/1998 of 27 March 1998. 4. The remuneration shall be as agreed in the Collective Agreement of application in the territorial area in question for the categories included in the Group of Room Technicians, in proportion to the day actually performed. 5. The time spent on theoretical training must be alternated with those of effective work, in such a way that the overall time corresponding to that training may not be less than 15 per 100 of the annual working day provided for in the Collective Agreement.
Practices Contract:
Since the training requirements for the Professional Categories set out in this Convention do not involve the acquisition of university degrees or vocational training of a medium or higher degree, nor are there any qualifications officially recognised as equivalent, which they provide for the professional exercise; the parties understand that there is no use of this contractual mode in the Bingo Sector.
VII. Replacement contract:
The parties to the State Framework Convention consider that the rejuvenation of employment templates, with profit for companies and their competitive position in the market, and for workers who do not deserve their own Social security rights improve their working conditions at the end of their professional career, as a fundamental instrument the promotion of partial retirement and the contract of relief, in the terms regulated in this article of the Article 12 (6) of the Staff Regulations and Article 166 of the Staff Regulations. 1 and 2, of the General Law of Social Security.
The company and the worker will be able to agree to the reduction of the day and the salary by a minimum of 25% and a maximum of 75%, in order to allow the worker to access the early partial retirement in the previewed terms in Article 166 (2) of the General Law on Social Security. To this end, the undertaking must simultaneously conclude a replacement contract in order to replace the working day left vacant by the partially retired worker. If the replacement contract is completed on a full-time basis and with an indefinite duration, the reduction of the working day and the salary may be 85%, instead of 75%. The replacement contract must be concluded with a worker who is unemployed or who has concluded a contract with the company for a fixed term. The professional group of the relievist worker must be the same as the replacement worker who partially retires.
VIII. Chaining of temporary contracts of the same worker or worker.
By application of the provisions of Article 15 (5) of the Workers ' Statute, a worker who, within a period of 30 months, would have been employed for a period of more than 24 months, with or without a continuity solution, for the the same professional group, by means of two or more temporary contracts, will acquire the status of fixed worker in the company.
Chapter Two
Test Period
Article 13. Test period.
1. A trial period may be entered in writing, subject to the following limits of duration: Group of Game Technicians: 60 calendar days.
Room Technicians Group: 30 calendar days. Rest of staff: 15 calendar days.
2. Only the worker or worker shall be deemed to be subject to the probationary period if it is written in writing.
3. The agreement establishing a probationary period shall be null and void where the worker or worker has already performed the same duties in the same undertaking, in any form of recruitment. 4. The situations of temporary incapacity, maternity and adoption or acceptance, which affect the worker or worker during the probationary period, shall interrupt the calculation of the worker or worker whenever agreement is reached between the parties. 5. In employment contracts for which the initial duration agreed, certain or estimated, is less than six months, the period of proof to be made shall not be longer than 30% of that duration, without any the case is less than 15 calendar days and no longer than the limits laid down in Article 1 of this Article. 6. Where the contract of employment is concluded for the performance of a particular work or service or in the case of the replacement of workers with the right to reserve the place of work (inter-inity), and the initial duration of the work or service cannot be estimated For more than six months, the test periods to be agreed are those specified in the number 1 of this Article. 7. In contracts concluded on a part-time basis, when they are concluded for the provision of services which are not to be carried out every day of the week, the probationary period shall not exceed 20 working days. 8. The periods of proof of work contracts for training may not exceed 30 days if the duration initially agreed is six months and 45 days if it is longer than the semester.
Third Chapter
Conventional subrogation for entrepreneur change
Given that the practice of the games of luck, send or chance can only be carried out in Salas authorized ton months, counted since the circumstances of the market or the accumulation of tasks that motivate it. If it is concluded for a period of less than 12 months, it may be extended, for one time, by agreement between the parties, without the total duration of the contract being allowed to exceed that limit. Irrespective of the legal compensation applicable, if the duration of the contract is extended for more than six months and, at the end of the contract or its extension, the same is extinguished by the employer's will, the worker shall be entitled to an additional afo">Article 19. License resolution, authorizations, and permissions.
The refusal of permits, authorizations or governmental licenses for the development of the activity, for whatever reason, not renewal, termination of the authorization for legal non-compliance, etc.; as well as, the closing of the (a) room by administrative decision; without prejudice to the rights recognised by this Framework Convention and those recognised in the legislation in force, it shall be sufficient to enable the undertakings concerned by this Convention to give (a) the working contracts with the workers in his or her position, without any further formalities than the conduct of the (a) to obtain the social benefits for unemployment benefit for the persons concerned, through the processing of the employment regulation file, if appropriate.
Chapter Fourth
Professional classification and functional mobility
Article 20. General criteria.
Workers who serve in companies falling within the scope of this Convention are classified in Professional Categories and Professional Groups.
By agreement between the worker and the company, the content of the work supply subject to the contract of employment will be established, necessarily being assigned one of the Professional Categories of those established in the present Convention and thus being framed in a Professional Group. The performance of the functions derived from the aforementioned classification defines the basic content of the labour supply. The definition criteria of the Professional Categories are accommodated to common rules for the workers of one and another sex.
Article 21. Definition of categories.
Head of Room: Will exercise the direction and general control of the operation of the room, taking decisions regarding the progress of the various operations according to the technical rules of the bingo and adapting the rhythm of the those in consideration for the influx of public, cartons sold and greater or less prize money; it will take care of the proper functioning of all the apparatuses, facilities and services; it will exercise the hierarchy above all the personnel to the service of the room; it will be responsible for the correct conduct of the specific accounting of the game, thus as the holding and custody of the room itself, of the precise authorizations for its operation and of the documentation relating to the staff. In addition, the Head of the Board shall have the representation of the Entity holder of the authorization or, where applicable, of the Service Company that manages the game, as well as to the players and to the Agents of the Authority, unless such representation is attributed to another person and is present in the room.
Head of Table: It will be responsible for checking the balls and cartons; it will carry the accounting of the cartons sold for each play or draw; it will make the determination of the prizes of line or bingo, will check the Awarded cartons, collectively informing the players of all this, will be responsible and custodian of the record book of record and will carry the control of the "stock" of cards per game. You will answer individually how many requests for information or complaints will be made by the players, as well as the incidents that occur, in the minutes of each session. Cashier: You will have the cartons in your possession and you will hand them in order to the Sellers, tell the Chief of the Bureau the number of cartons sold, as well as the amounts corresponding to the online prizes and bingo; collect the money obtained in the sale of cartons, and prepare the corresponding amounts for each prize for their subscription. Announcer/-Vendor/a: It will make the direct sale of the cartons and the collection of their amount, which will be delivered together with the leftover cartons to the Cajero/; it will remove from the table, before the sale of the new cartons, those used by the players in the previous play and will review the series within their workday. In his/her turn of broadcaster/to put the machine into operation when the play starts, read aloud the number of the ball according to the order of departure; turn off the machine at the end of the game and pay the players the line and bingo amounts, counting their amount at the time of the payment, to facilitate the payment of prizes during the sale of cartons of the following item and whenever the work organization permits, this task may be carried out by any other category professional defined in this article. When you do the locution work you will not perform the function of selling cartons, although you will be able to collaborate in other functions within the room. Admission and Control: It will be the manager/to control the entry of players in the game room, checking that the card corresponds to the person who presents it, and denying the entry to the persons who were prohibited, giving the account to the Chief Room of the incidents. It will also have the mission of keeping the visitor file and updating it. The definition of categories above is intended to delimit the content of the labour supply. The assumption of responsibility will be at every moment to be determined by the Autonomous Regulations of the Bingo Game, or in the absence of the State Scope Regulation; in the absence of explicit regulation in both, it will be here arranged. Similarly, in those Autonomous Regulations where the Chief of Staff/Head of Establishment has been given the consideration of Directing Personnel, this regulation shall not modify that consideration to any effect. Auxiliary Services: These categories (Administration, Parking, Keepers and Cleaning Personnel, etc.), are not included in the techniques of the Bingo and will perform the functions of their specialties, without required game credential or gubernative permission.
Article 22. Professional groups.
The Professional Groups are determined by those Categories that present a homogeneous professional basis within the Organization of the Work.
In this sense and within the meaning of Article 22 of the Workers ' Statute, the professional groups which are then set up, together with the professional skills, qualifications and general content of the benefit, and include the professional categories that are related and whose functions, which define the general content of the benefit, are detailed in the previous article. By agreement between the worker and the employer, the content of the labour supply covered by the contract of employment shall be established, as well as its equivalent to one of the professional groups provided for in this Convention. In the same way, the worker will be assigned one of the Professional Categories which is covered by this agreement and which delimits the labour supply. Two Professional Groups are set up to cover the specific categories of the Bingo game:
Group of Game Technicians: That integrates the Professional Categories of Head/a of Room, Head/a of Mesa and Cajero/a.
Group of Room Technicians: integrated by the Professional Categories of broadcaster/-Vendedor/a and Admission-Control.
Article 23. Functional mobility.
1. Functo the transferee or entity which is to perform the service, in compliance with the economic rights and obligations, social, trade union and personal representation to be enjoyed in the transferor and to be accredited (a)
The incoming company will be subrogated to workers ' rights and obligations. With regard to the Collective Implementation Convention in the new enterprise, the provisions of this Framework Convention and the lower-level Sectoral Conventions shall be in accordance with the provisions of this Convention.