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Resolution Of 15 January 2003, Of The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The Framework Convention To The Financial Credit Establishments.

Original Language Title: Resolución de 15 de enero de 2003, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del Convenio Marco para los Establecimientos Financieros de Crédito.

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TEXT

Having regard to the text of the Framework Convention for the Financial Institutions of Credit (Convention Code number 9901945), which was signed dated December 20, 2002 by the Association business associations National of Financial Institutions of Credit (ASNEF), Spanish Factoring Association (AEF) and Spanish Leasing Association (AEL) representing companies in the sector and the other by the trade unions Federation of Services Financial and Administrative Commission of Workers ' Commissions (COMFIA-CC.OO.) and the State Federation of UGT services (FeS-UGT) representing the working group concerned and in accordance with the provisions of Article 83.3 in conjunction with Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March 2001 on the the recast text of the Law of the Workers ' Statute 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 said Framework Convention in the corresponding Register of this Steering Center, with notification to the Negotiating Commission.

Second. -Dispose your publication in the "Official State Bulletin".

Madrid, January 15, 2003. -Director General, Soledad Cordova Garrido.

FRAMEWORK COLLECTIVE AGREEMENT FOR CREDIT FINANCIAL INSTITUTIONS

CHAPTER I

General provisions

Article 1. Functional, personal and territorial scope.

1. This framework collective agreement affects all credit institutions, without prejudice to the application of the provisions of Articles 84 and 86 (3) of the Staff Regulations for entities having collective agreements. This agreement is in force for the signing of this agreement.

It will also affect the entities or companies that, being members of ASNEF (National Association of Financial Institutions of Credit), of AEL (Spanish Leasing Association) or of AEF (Spanish Association of Factoring), its (a) the main activity consists of the entities referred to in the preceding paragraph, distinguishing themselves from the banking activity in so far as they do not engage in the acquisition of liabilities by means of current accounts or savings books; In view of the fact that it is possible to adopt the legislation in force, bank. Without prejudice to the foregoing, private banks, public banks, savings banks and credit unions that do not meet the above conditions are excluded from the scope of this agreement.

2. It also concerns all persons who provide their services to the above mentioned undertakings. The persons referred to in Article 2 (1) (a) of the Staff Regulations or provisions of the Staff Regulations shall be exempt.

3. This Convention shall apply throughout the territory of the Spanish State.

Article 2. Temporary scope.

This Convention will enter into force on 1 January 2002 and will expire on 31 December 2002.

Article 3. Substitution and remission.

1. This collective agreement replaces in all the matters governed by it all the provisions of previous collective agreements and the Work Ordinance of Offices and Dispatches.

2. In all the matters not covered by this collective agreement, the provisions of the Staff Regulations and, in general, the legislation of higher rank in force at any time, the former being expressly repealed collective agreements and replace the aforementioned Labour Ordinance.

Article 4. Binding of the convention and binding to the totality.

1. The conditions agreed upon in this Convention form an organic, unitary and indivisible whole, and will be considered globally and in annual computation.

2. Pursuant to Article 83.2 of the Staff Regulations, the signatory parties agree that the matters referred to below may not be the subject of negotiation in the lower areas, except for agreements concluded with prior to signing this collective agreement:

(a) Professional classification, except as provided for in the penultimate paragraph of Article 7.

b) Promotion and promotions.

c) Disciplinary regime.

(d) Wage tables and salary amounts, as the structure and amounts provided for in this collective agreement shall be minimal and shall be respected in any event, except as provided for in the clause Second.

Article 5. More beneficial conditions. Compensation and absorption.

1. The conditions laid down in this collective agreement, which are estimated as a whole and on an annual and global basis, are compensable or absorbable with those which would be taken into account in the undertaking.

Wage perceptions actually earned or perceived by each worker will be able to compensate and absorb any other income that may correspond to them by way of legal, regulatory or conventional law. in force at any time.

2. The conditions agreed in the present collective agreement, estimated as a whole, are laid down as a minimum, and therefore the agreements, clauses and situations currently in place in companies which involve more beneficial conditions remain subsist.

3. In the economic order, and for the application of the agreement to each specific case, it will be agreed upon in it, with abstraction of the previous concepts, amount and regulation.

Article 6. Denunciation.

This collective agreement shall be deemed to have been automatically denounced for review on 30 September 2002, unless otherwise agreed by the signatory parties, which shall, explicitly, decide on its continuation or resolution.

CHAPTER II

From Staff

Article 7. Classification of staff.

1. For the purposes of this Convention, a system of professional classification means the legal arrangement whereby, on a technical and organisational basis, the inclusion of workers in a general framework establishing the various work tasks for areas of responsibility in the companies affected by this agreement. Such legal order is translated into the delimitation of the different knowledge, criteria, tasks and functions in which the provision is structured, while serving both the economic performance and the other effects of the contract. work.

2. The aim of the present system of professional classification is to facilitate the management of human resources in enterprises, as well as the professional development of workers, in the light of the fact that positive correspondence.

3. Employees of undertakings falling within the scope of this Convention shall be classified in accordance with the professional activities and responsibilities and the rules laid down in this system of professional classification, with the arrangement to which they must be defined.

4. In general, the worker will develop the work of his professional group, as well as additional tasks and/or auxiliary tasks that integrate the entire process of which they are part.

5. Where it is normally performed and within the conditions laid down in this Convention, the functions of two or more professional groups themselves, the classification shall be carried out in accordance with the most relevant functions to which, within the framework of its (a) activity, the time being spent, without prejudice to the provisions of paragraph 4 above.

6. The contract of employment shall agree between the worker and the employer of the content of the labour supply covered by the contract and his correspondence with the present system of professional classification.

7. The system of professional classification requires the full collaboration of active policies of formation and dynamic processes in the promotion, which will entail a greater amplitude in the professional expectations. All this with the aim of consolidating and increasing the professionalization and development of the human factor in the companies of the sector, in the interest of a permanent improvement of the internal quality and in the delivery of the service.

8. The staff affected by this collective agreement shall be composed of the following professional groups:

Group I: Address and Head:

Group II: Mandos and Specialist Technicians.

Group III: Technical and Administrative.

Each of these professional groups is in turn divided into A-to-C level of responsibility.

The classification of professional groups or levels referred to in this article is merely enunciative, without it being the obligation to have all the scales provided, and if necessary, to create new ones with assignment (a) certain functions, provided that they do not identify with the posts and definitions provided for in this Convention.

The questions, differences or complaints regarding the correct classification or professional integration in this new system of management, must be submitted to the Joint Commission, without prejudice to other actions that correspond to the interested parties.

Article 8. Definition of professional groups.

The definition of each professional group is as follows:

Group I: Address and Head.

With broad guidelines, they assume global objectives in the field of work of their business, and take responsibility for them.

They transform these global goals into concrete team objectives, thus creating the general rules necessary to achieve the proposed objectives.

It is the main characteristic of the workers belonging to this group their ability to plan, organize and lead.

The workers included in this group need the highest degree of autonomy in the field of work that has been entrusted to them.

Such a performance translates into the realization of tasks related to research, study, analysis, advice, planning, evaluation and forecasting or other of the same nature, or of organization and control of the processes (a) the work to be carried out and, where appropriate, the workers to be carried out, as well as their motivation, integration and training.

The workers included within this professional group need a theoretical and practical knowledge acquired through the formation of the highest level and/or from a long experience.

Group II: Mands and Specialist Technicians:

With broad guidelines, they take concrete team objectives and take responsibility for them.

Transform the concrete objectives of equipment into individual tasks, with the creation of rules and procedures for these tasks, in line with the general rules and procedures of your team, controlling and coordinating, in a way next, the activities and the results of a work team.

It is the main characteristic of the workers belonging to this group, their capacity to organize and coordinate.

The workers included in this group need a large degree of autonomy in the team entrusted to them, as well as to proceed with the resolution of technical or practical problems of their field of action. They should follow these rules, guidelines or ordinary procedures for the use of the company.

The workers included within this professional group need knowledge, not purely theoretical, acquired through experience in the work and/or extensive training process.

This group includes those workers who are entrusted with tasks in very complex administrative and/or technical processes, which require highly specialized skills and/or complex training processes.

Group III: Technical and Administrative:

With specific guidelines, they develop the tasks assigned to you and take responsibility for them. Following established procedures, they seek the right solution to each situation. Where the situation is unusual, they shall have recourse to the responsible command.

It is the main characteristic of the workers belonging to this group, their dedication and specialization in concrete tasks.

The workers included in this group need some degree of autonomy in the development of the tasks of their business.

The workers included in this group need adequate general knowledge, as well as precise instructions on the performance of the tasks entrusted to them.

Within this group will also be all that worker whose main task is executed with high degrees of dependence and whose tasks consist of basic, simple, repetitive, mechanical or automatic instrumental operations, support or complementary, or requiring knowledge, skill and skill in the use of simple equipment or machines.

Article 9. Definition of professional levels.

The definition of the professional levels is as follows:

Level C: Employees assigned at this level will perform the least complexity tasks within their Professional Group. You will need regular monitoring and coordination by the team manager.

Level B: Employees assigned to this level will perform with autonomy the tasks of moderate complexity and/or responsibility within their Professional Group.

You will need occasional monitoring and coordination by the team manager.

Level A: Employees assigned at this level will undertake the most complex and/or responsible tasks within their Professional Group. The degree of understanding of their tasks enables them to guide them according to their objectives.

You will need occasional coordination from the team manager.

Those employees who are taken over by the Company, and as long as the powers are in force and effectively make use of such a proxy for the development of their functions, will be equated with the level immediately above, if any, within your professional group.

Article 10. Income and probationary period.

The admission of staff shall be subject to the legally arranged placement, being considered provisional during a trial period which may not exceed that indicated on the following scale:

a) Staff entitled: Six months.

b) Rest of staff: Two months.

During this period, both the company and the employee may, respectively, proceed to the termination of the contract or withdraw from the test, without prior notice and without any of the parties being entitled to compensation. In any event, the worker shall receive the remuneration for the work carried out during the probationary period.

After the trial period, admission will be formalized, given the employee, for the purpose of seniority and periodic increases, the time spent in the said period.

It is the power of companies to give up this period in admission and also reduce the maximum duration that for the same one is pointed out in their case.

Any income shall be deemed to be a probationary period, the computation of which shall be suspended in the event of the suspension of the contract for any of the reasons provided for in Article 45 of the Workers ' Statute or provision which replace.

Article 11. Promotion and promotions.

1. The staff of Group III, level C, with six years of age at this professional level will be able to ascend to Group III, level B; likewise, those of Group III, level B, with six years of seniority at this professional level, will be able to ascend to Group III, Level A, where both cases are necessary to provide evidence of the assistance and improvement of training courses which are inherent in the appropriate knowledge for access to the new professional level. It shall be counted as assistance and improvement of a course, in those cases where the company makes it impossible to attend the course or the course does not occur, in which case the ascent will occur in order to the seniority referred to above. It shall be the responsibility of the Joint Committee to determine the suitability of the courses, the results of the evaluations or the impossibility of attendance or lack of courses, as regards the requirements for the promotion covered by this Article.

2. The staff assigned to Group III, levels C and B, who have not been promoted by virtue of the application of the provisions of previous collective agreements, will, up to 1995, account for half of their age in their current professional category. the effects of the calculation of the six years of seniority provided for in the preceding paragraph, in such a way that every two years of actual seniority in the category shall be counted as one for the purposes of crediting the requirement referred to above.

The rest of the staff will start to compute the necessary six years of seniority in the corresponding professional level from the year 1995 or from their income in the company.

CHAPTER III

Pay Policy

Article 12. Salary tables.

The minimum guaranteed wages, payable on an annual gross basis per day of work, for each of the levels set out in this Convention are, for the year 2002, the following:

BOXES:

(VIEW PAGE 4241)

Levels-Euros Groups

I. Dirección y Jefatura. A: 23.870.31 B: 23.194.73 C: 21.912.05

II. Specialized Controls And Technicians. A: 20.782.27 B: 19.652.47 C: 18.264.05

III. Technical and Administrative. A: 15.423.21 B: 13.585.45 C: 11.453.22

The individual conditions that could be enjoyed as a more beneficial condition in relation to the integration of the former professional categories into the new groups and levels set out in this collective agreement strictly respect "ad personam".

Article 13. Seniority.

The seniority supplement for all workers affected by this collective agreement shall consist of trienes.

Trienes will be computed on the basis of the time served in the company, starting to become an accrual from January 1 of the year in which the triennium is fulfilled.

The bonus for years of age is an integral part of the salary, being computed for the payment of overtime.

Each of the three-year periods to be collected on an annual basis, that is, distributed in the number of pages that the company makes effective over a year, will be paid according to the following table:

(VIEW PAGE 4241)

Levels-Euros Groups

I. Dirección y Jefatura. A: 681.94 B: 681.94 C: 670.52

II. Specialized Controls And Technicians. A: 635.16 B: 599.80 C: 558.23

III. Technical and Administrative. A: 489.72 B: 431.35 C: 371.41

Article 14. Extraordinary pagas.

The companies affected by this collective agreement shall distribute the annual gross salaries fixed in the number of annual accounts agreed with the legal representation of the employees, if any, or with the interested.

By default, annual salaries will be distributed in 14 monthly payments, 12 of which coincide with the calendar months of the year and two extraordinary first and second half months, which will be paid in the months of June and In December, each of them will be established in their respective semester.

CHAPTER IV

Day

Article 15. Working time.

1. For any worker affected by this collective agreement, regardless of their professional level, the maximum total working hours for the year 2002 shall be 1,734 hours as annual working hours.

2. The day will be distributed according to the working days available in the annual calendar, with, if necessary, working on a Sunday or a holiday and on a shift.

3. These days will be respected in companies that, by computing each year, will imply more beneficial conditions.

4. The working day will be distributed by reference to the working time currently in force agreed in each of the companies affected by this collective agreement. In order to amend the timetable, negotiations must be made with the legal representation of workers or, failing this, the joint committee provided for in this collective agreement will be submitted to the committee. In the event of a change in the timetable, it shall be based on the fact that 70 per 100 of the working day is carried out before three in the afternoon, except in the case of shifts or contracts which are held in particular for the evening or evening work, or which the current distribution of the day is different, in which case it will depart from this different distribution.

5. Employees will enjoy two days a year of paid leave for particular matters.

Article 16. Overtime.

1. Aware of the serious situation of existing unemployment, and in order to promote job creation, they agree to reduce the number of overtime hours to the minimum necessary according to the following criteria:

a) Regular overtime: Suppression.

b) Extraordinary hours that are required by the need to repair claims or other extraordinary and urgent damages: Realization.

(c) Extraordinary hours required for periods of non-foreseeable production, unforeseen absences, shift change and other circumstances of an analogous nature arising from the nature of the activity concerned: Maintenance, provided that the use of the various forms of temporary or partial contracting provided for by the Law does not exist.

2. The number of overtime hours per employee shall not exceed 80 per year, except those worked to prevent or repair claims or other extraordinary and urgent damages.

3. The provision of overtime shall be voluntary and without any personal discrimination, being carried out in a proportional manner by the personnel who request it.

4. The Company's Directorate shall report, in writing and on a monthly basis, to the Business Committee or to the Staff Delegates, on the number of overtime and, where applicable, the distribution by departments.

5. Overtime shall be quoted on the basis of their motivation and the necessary of those other derived from force majeure.

6. Also in relation to the objective of stimulating job creation through the reduction of overtime, the parties have agreed on the importance of strict compliance with Article 35 of the Workers ' Statute. Failure to comply with this Article shall be regarded as serious misconduct within the meaning of Article 57 of the Staff Regulations.

7. For the determination of the value of the extraordinary hour, a standard value shall be set for the ordinary hour, obtained by calculating the annual salary provided for each professional level in Article 12 of this collective agreement as a dividend. the length of time to be applied in accordance with the tables in Article 13 of this collective agreement and, as a divider, the figure of 1,734 hours. An increase of 35 per 100 will be applied to the value thus established.

8. By mutual agreement between the undertaking and the worker, the performance of overtime may be compensated for by an equivalent period of rest.

In such a case, there shall be agreement between the parties on overtime to be compensated for time off, as well as the hours or dates on which it will be applied, with the sole limitation that its Accumulation may only be carried out monthly.

Article 17. Holidays.

1. All staff, without exception, shall be entitled to a period of holidays, in annual accounts, of twenty-three working days, considering these effects as non-working on Saturdays and holidays.

2. The holidays will be granted according to the needs of the work, trying to please the staff as to the time of enjoyment, giving preference to the oldest.

3. Staff will be able to leave on holiday for three periods. In any event, the third period shall be subject to the agreement between the undertaking and the worker. Workers who enjoy their holidays in several periods will have no preference to choose the second, until the rest of the affected staff have chosen their first period. Likewise, it will occur with the third in relation to the second.

4. The holiday tables, established in accordance with the contents of the preceding paragraphs, where the period or periods of enjoyment of the workers ' holidays are specified, must be made public and made public for all interested before 30 March of each year.

5. Where the employee ceases to provide services within the undertaking before he has enjoyed his holiday, he shall receive the remuneration of the days in which he was paid in proportion. Except in such cases, holidays may not be replaced by the payment of equivalent wages.

6. The employer may exclude, as a holiday period, that which coincides with the company's increased seasonal production activity, after consultation with the legal representatives of the employees.

7. If during the enjoyment of the holiday, the employee is in clinical detention, with or without surgical intervention or serious illness justified to the satisfaction of the undertaking and notified to it within 24 hours, shall not be taken into account holiday effects the days of such detention or illness. In this case, the days of holiday will be enjoyed on the dates you agree on company and worker.

Article 18. Unpaid leave and licenses.

Workers who carry at least one year in the company will be entitled to apply for unpaid leave up to a total of 15 days a year and must be granted to the company, unless it is not feasible by notary and justified needs of the service.

Staff carrying a minimum of five years ' service may, in the case of justified need, ask for licences without a salary for a period of not less than one month and no more than six. This licence may not be requested more than once in the course of three years.

CHAPTER V

Multiple Provisions

Article 19. Transfers.

I. Causes and conditions:

1. At the request of the worker: In the event of vacancies in the branches of the company, they will have a preference for the transfer, first of all, the employee who requests it to meet their spouse and, secondly, the oldest in the application.

2. For service needs:

(a) The transfer of workers will require the existence of technical, economic, organizational or production reasons that justify it, or contracts relating to the business activity.

(b) The decision of the transfer shall be notified by the employer to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness.

c) Notified the decision of the transfer, the worker will have the right to choose between the transfer, perceiving a compensation for expenses, or the extinction of his contract, perceiving an indemnity of twenty days of salary per year of service, prorating for months the periods of time inferior to the year and with a maximum of twelve monthly.

(d) Only workers who are less than ten years old and for one time, except for the collective movement of the work centre or closure of the same, may be transferred.

II. The compensation to be paid for the service needs shall be:

Locomotion of the person concerned and of the family members living with him.

Transport of furniture, clothes and goods.

Cash compensation equivalent to two months of actual salary.

The approximate amount of the above expenses will be paid in advance when the data subject claims it.

In either case, the time limit for reinstatement to the new job will be no less than 30 days from your written notification to the worker.

Article 20. Retirement.

The mandatory retirement age will be that of sixty-five years, without prejudice to the completion of the periods of absence or the periods of contribution to reach 100 per 100 of the pension corresponding to retirement.

Article 21. Couples in fact.

It is agreed that the rights of the marriage regime should be fully equated to that of the couples in fact, provided that the existence of such a condition is duly accredited, being the appropriate and necessary means for this. certification of the corresponding Register of Couples.

Article 22. Life insurance.

Companies pledge to subscribe to life insurance in favor of each of their workers for the following insured capital:

(a) EUR 12,621,25 for the case of death.

(b) EUR 12,621,25 for total and permanent incapacity for work.

(c) EUR 12,621,25 in the case of absolute and permanent invalidity.

The guarantees of total and permanent professional incapacity and absolute and permanent invalidity will cease, in any case, at the end of the annuity of the insurance and within which the insured will meet the age of sixty-five years.

The liability of the companies will be limited, solely and exclusively, to the subscription of the corresponding policy and to the payment of the corresponding premium. Workers will no longer be included in the policy when the employment contract is terminated for any cause.

Article 23. Annual medical recognition.

The companies will have the appropriate measures to ensure that all workers can undergo an annual medical examination consisting of the following tests:

1. General clinical study.

2. Urinalysis.

3. Blood tests.

4. Hearing and hearing.

5. Psychotechnical examination.

6. Tests for the detection of phlebitis for those who request it.

7. Gynaecological review for those who request it.

Article 24. Social Security.

In case of illness or accident of work both representations agree to establish a supplement to the economic benefits of the Social Security or the Insurance of Accidents of Work, in the following amount:

(a) In the case of temporary incapacity for common sickness or non-occupational accident, up to 20 days, it shall consist of 30 per 100 of the basis for the calculation of the economic benefit.

(b) In the case of temporary incapacity for common sickness or non-occupational accident, of more than 20 days ' duration, up to 100 per 100 of the basis of the calculation of the economic benefit shall be completed for the duration of the temporary incapacity.

(c) In the absence of temporary incapacity for work, occupational disease or hospitalization, up to 100 per 100 of the basis of the calculation of the economic benefit shall also be completed.

Such percentages have been fixed taking into account that, at this time, the temporary incapacity benefits due to common sickness or non-working accident, up to the 20th day are 60 per 100 of the basis of the Social Security instead of 75 per 100 as it was.

Article 25. Interest-free loans.

1. Staff who are at least two years old in the undertaking shall be entitled to cover their own needs, the expenditure of which shall be credited, to an interest-free loan consisting of no more than 60 per 100 of the an annuity of the salary indicated for his group and professional level in the tables set out in Article 12 of this collective agreement.

2. This loan will be reintegrated into the company in the quota requested by the employee with a maximum repayment period of forty-eight monthly payments.

3. Exceptionally, the employee with an advance in force may, for justified reasons, renew any of the amounts requested, provided that at least 75 per 100 of the depreciation period initially envisaged for the Loan in force. To do this, we will cancel, with the granting of the new amount, the main slope of the previous one.

Article 26. Support for studies.

1. The companies, depending on the human and professional development of their employees, will grant them, to study subjects directly related to this sector of activity and with their best training and training for their promotion in the within the company, in officially recognised centres:

(a) 80 per 100 of the tuition fees or fees of the educational establishments, as well as the amount of the books, up to the maximum of the amount equal to one sixth of the annual salary set for their professional level in Article 12 of this collective agreement.

b) Facilitate and harmonize, provided that the organization of work permits, the working hours with those of class and study.

In the event that such studies are provided in public and private institutions, the above mentioned obligations of the company will not extend beyond those of the corresponding public center.

2. The right to this aid will be lost in the following year if it does not approve more than 50 per 100 of the subjects in which it was registered.

3. Permission shall be granted for the time required for the conduct of examinations necessary for obtaining a diploma.

Article 27. Plus transport.

In order to contribute to the costs of transport of personnel, a plus of transport of 2.60 euros per day of work is established. Such plus shall be no longer received by the worker on Sundays, holidays, holidays and days of inattendance at work for any other reason justified or unjustified.

Article 28. Departures and diets.

1. If, for the purposes of the service, any worker in the locality in which he/she habitually has his/her destination is displaced, the company shall pay him/her in respect of expenses, in addition to the costs of locomotion, a diet of:

a) One meal out: 18.29 euros.

b) Two meals out: 29.28 euros.

c) Pernoctar out: The company will establish a system of credit of justified hotel expenses (room with bathroom or shower) or housing, applicable to its employees.

2. When the worker is unable to return to his home to eat the company works other than the usual, even if he is in his place, he will be entitled to the diet for food.

3. Where the movement lasts for more than 60 uninterrupted days, the amount of the allowance shall be reduced by 50 per 100.

4. Undertakings may also set up a system of expenditure to be justified, both for catering and for hotels, in place of the allowances provided for in this Article.

Article 29. Cost of locomotion.

When travelling or travelling originated by the company's needs, the workers use their private car, they will be paid at a rate of EUR 0.22 per kilometre.

CHAPTER VI

Disciplinary regime

Article 30. Fouls.

Workers may be sanctioned by the Management of Companies in accordance with the graduation of faults and penalties set out in the following paragraphs. Any failure committed by a worker shall be classified, taking into account its importance, significance and intention in light, serious or very serious.

They will be considered minor faults:

1. Three faults of punctuality during the month without there being justified cause.

2. Failure to communicate with due notice of lack of work for justified reasons, unless it proves the impossibility of doing so.

3. Lack of personal grooming and personal cleansing.

4. Lack of attention and diligence with the public.

5. Discussions that have an impact on the good progress of services.

6. The job is missing one day a month without justified cause.

7. The occasional drunkenness.

Serious faults:

1. To miss two days of work without justification or more than three unjustifiable faults of punctuality during the same month.

2. The simulation of illness or accident.

3. Simulate the presence of another worker, using his card, signature or card.

4. Change, look or stir the closets and clothes of the companions without proper authorization.

5. Those committed against discipline at work or against respect because of their superiors.

6. The recidivism in minor faults, even if they are of different nature, within a quarter, when they have mediated sanctions.

7. The abandonment of work without justified cause.

8. Negligence at work when it causes serious injury.

Very serious faults:

1. To miss work more than two days a month without justified cause or more than 20 unjustifiable faults of punctuality committed in a period of six months, or forty for one year.

2. Fraud, disloyalty and breach of trust in the efforts entrusted.

3. The theft and theft, both to other workers and to the company, or to any person within the premises of the company or outside the company during the act of service.

There are included in this section, falsifying data before the workers ' representatives, if such falsehoods have, as a malicious purpose, to achieve some benefit.

4. Proven disease simulation; to disable, destroy or cause damage to machines, appliances, installations, buildings, beings and departments of the company; to have fallen on the worker's judgment of the Courts of Justice competent for the offence of theft, theft, fraud and misappropriation committed outside the company, which may cause a lack of confidence towards the author; the continuing and habitual lack of grooming and personal cleansing, which lead to justified complaints by colleagues; drunkenness during work; to engage in work of the same activity involving competition to the company, if not a half authorization of the same; the ill-treatment of words and work or serious lack of respect and consideration to the bosses, companions and subordinates; to abandon the job in positions of responsibility; the recidivism in serious misconduct, even if it is of a different nature within the same quarter, provided that they have been subject to sanctions.

5. Repeated and unjustified failures of assistance or punctuality to work; indiscipline or disobedience at work; verbal or physical offenses to the employer to persons working in the company or to family members living with them ; the transgression of good contractual faith, as well as the abuse of trust in the performance of work; continued and voluntary decline in the performance of normal or agreed work; and, habitual drunkenness or drug addiction if they affect negatively at work.

Article 31. Sanctions.

Sanctions regime:

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

Sanctions require motivated communication from the worker. In any event, the company will account for the legal representatives of the employees, at the same time as the company itself, of any penalty imposed.

The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:

(a) For minor faults: Verbal, written warning, suspension of employment and one day's salary.

b) For serious misconduct: Suspension of employment and salary of two to ten days.

c) For very serious faults: From suspension of employment and salary from eleven to sixty days, until dismissal.

CHAPTER VII

Trade union rights

Article 32. Trade union rights.

In the area of trade union rights, the provisions of the current legislation will be in place.

Article 33. Works Committees, Safety and Health Committees, Personnel and Prevention Delegates.

(a) In the case of the members of the Enterprise Committees, or when there are several Personnel Delegates in the work centre, it may be accumulated, in one or more of the same, the legal reserve of hours that the entire corresponds.

When a single Staff Delegate exists in the workplace, the credit for hours of reservation is understood to be quarterly and for a total of forty-five hours.

(b) In the case of a significant decrease in the workforce, the automatic reduction of employee representatives will occur, in order to adjust their members to the volume of staff, unless the reduction implies the total disappearance of legal representatives of the workers.

A significant reduction in the template shall be taken when the template is 10 per 100 in respect of the average number of employees in assets over a period of three previous months.

(c) The Delegates of Prevention, in accordance with the provisions of Law 31/1995 of 8 November, shall be appointed by and among the representatives of the staff, in the field of the representative bodies provided for in that Act. standard.

The Security and Health Committee shall also be constituted in the cases provided for in Article 38 of the aforementioned Law.

In both cases, the powers and powers of this representation will be those outlined in the legislation referred to above and its implementing rules.

Article 34. From the trade unions.

1. Companies must respect the right of all their employees to be free of charge, without being able to secure their employment on the condition that they do not join or renounce their affiliation.

Consequently, it will not be possible for companies to fire, or otherwise to harm, their workers because of the trade union activities that they have recognized.

2. Union representatives participating in the negotiating committees for collective agreements and joint commissions provided for in the same, maintaining their links as an active worker in any company, will be entitled to the granting of the paid leave necessary for the proper exercise of their work as negotiators, provided that the undertaking is affected by the negotiation.

Additional disposition first. Joint Committee.

1. For all matters arising from the application of this collective agreement, the following Joint Committee is hereby established:

Headlines:

ASNEF/AEL/AEF: Four members designated by them.

CC. OO.: Two members appointed by COMFIA-CC.OO.

UGT: Two members designated by the FeS-UGT.

Substitutes:

ASNEF/AEL/AEF: Four members designated by them.

CC. OO.: Two members appointed by the COMFIA-CC. OO.

UGT: Two members designated by the FeS-UGT.

2. The call for a call by either party of the Commission shall be convened within a maximum of 15 days. Such a call must be made through the Association of Employers or the Signatory Trade Unions.

3. These will be the functions of this Joint Commission:

a) Inform the labor authority on how many issues are raised about the interpretation of this agreement.

b) Exercise arbitration and mediation in the matters submitted by the parties to their consideration.

c) To monitor compliance with the agreement of this collective agreement.

d) To know and decide on the issues that arise in the field of functional, personal and territorial scope of this collective agreement; promotion and promotion, suitability of courses and their evaluations, assistance and (i) the improvement of training courses, the inability to provide assistance to them and the absence of training courses, and hence the age required for the promotion, and changes in the legal representation of workers in the the company, as well as the resolution of the discrepancies raised by the application of the professional classification established in the professional groups covered by this Convention.

4. Within the Joint Committee, the agreements shall be adopted, acting unanimously, or, failing that, by a simple majority, and shall be reflected in a summary report to be signed by all the participants at the meeting.

5. For the validity of the agreements, the presence of more than 50 per 100 of the Vocals shall be required for each part.

Additional provision second. Conditions of exclusion.

The wage tables set out in this collective agreement shall not be necessary or required for those undertakings which credit, objectively and reliably, deficit or loss situations in two or more consecutive accounting years or three alternate years, in the last five years.

The companies in this situation will put it to the attention of the Joint Commission, who will decide in the light of the information provided.

In these cases, the Joint Commission will be transferred to the setting of the increase in wages. In order to assess this situation, circumstances such as the insufficient level of production and sales will be taken into account and the data resulting from the accounting of the companies, their balance sheets and their profit or loss accounts will be taken into account.

In the event of a discrepancy in the valuation of such data, auditors or auditors may be used to report, in the light of the circumstances and the size of the companies.

Depending on the unit of recruitment in which they are included, the companies that allege these circumstances must present to the workers ' representation the precise documentation (balance sheets, accounts, etc.). results, and, where appropriate, reports of auditors or auditors) that justify a differentiated wage treatment.

In this sense, in those of less than twenty-five workers and, depending on the economic costs involved, the report of the auditors or the sworn auditors will be replaced by the necessary documentation. as set out in the preceding paragraphs, in order to demonstrate the loss situation.

The legal representatives of the workers are obliged to treat and maintain in the largest reserve the information received and the data to which they have had access as a result of what was established in the preceding paragraphs, (i) observing, therefore, in respect of all this, professional secrecy.