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Resolution Of December 20, 2016, The Directorate-General Of Employment, Which Is Recorded And Published The Collective Agreement Of State Level For The Manufacture And Marketing Of Fruit And Vegetables Fresh, Selected, Clean, Troc...

Original Language Title: Resolución de 20 de diciembre de 2016, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo de ámbito estatal para la fabricación y comercialización de frutas y hortalizas frescas, seleccionadas, limpias, troc...

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TEXT

Having regard to the text of the I State-wide collective agreement for the manufacture and marketing of fresh, selected, clean, sliced and washed fruit and vegetables, ready to be consumed or cooked (Convention code No. 99100205012016) which was signed on 28 June 2016, by the Spanish Association of washed fruit and vegetables, ready for employment (AFHORFRESH) on behalf of the companies in the sector, and another by the trade union CC.OO. representation of workers, and in accordance with the provisions of Article 90 (2) and (3), of the Law of the Workers ' Statute, Recast Text approved by Royal Decree-Law 2/2015, of 23 October-BOE of 24-, and in Royal Decree 713/2010, of 28 May, on the registration and deposit of collective agreements and agreements of job,

This Employment General Address resolves:

First.

Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Committee.

Second.

Arrange for publication in the Official State Gazette.

Madrid, 20 December 2016. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

I COLLECTIVE STATE AGREEMENT FOR THE MANUFACTURE AND MARKETING OF FRESH, SELECTED, CLEAN, CHOPPED AND WASHED FRUITS AND VEGETABLES, READY TO CONSUME OR COOK

PREAMBLE

The Commission negotiating the First Collective Agreement for the Fourth Gama and, in particular, the parties to it, have sought to regulate the present provision, to structure and to establish the the working conditions applicable to the manufacturing sector and, where appropriate, the placing on the market of fresh, selected, clean, cut and washed fruit and vegetables, ready for consumption or cooked, traditionally referred to as IV Range, which, by its specialty and particularities requires provisions adjusted to the needs of the sector which, on the other hand, responds to the interests of the groups concerned, and to be able to subject their labour relations to the rules in question.

CHAPTER I

General Provisions

Article 1. Territorial scope.

This Collective Agreement is applicable throughout the territory of the Spanish State.

Article 2. Functional scope.

The provisions of this Collective Agreement regulate the employment relationships of all companies, workplaces or business units whose activity is the manufacture and, where appropriate, the marketing of fresh fruit and vegetables, selected, clean, cut and washed, ready to consume or cook (process corresponding to the IV GAMA), whatever the name and legal personality, private or public, of the companies concerned, and of the staff who in them provide their services.

All companies or entities that develop manipulations, use or process IV Gama products are therefore considered to be integrated, through manufacturing processes that do not undergo modifications or alterations in their organoleptic, ultra-fresh and short-lived properties, with a short consumption time limit and which have not undergone any thermal treatment for their preservation.

In those companies in which the IV GAMA constitutes a branch of activity in addition to the overall activity of the Company, this Collective Agreement will be applied to the business unit with its own infrastructure and dedicated to the exploitation of the activity of IV Gama.

Article 3. Structure of collective bargaining.

3.1 Structure of collective bargaining in the sector.

Under this Convention and in accordance with Article 83.2 of the Workers ' Statute, the structure of collective bargaining in the sector of IV Gama is articulated at the following substantive levels of convention:

(a) State collective agreement of IV Gama: Its content regulates the general working conditions to be applied throughout the sector and with the validity that is established in the Convention itself. With the dual purpose of homogenizing them and giving them character of permanence and stability, as well as to favor the market unit.

b) Collective business, business, business unit, group or plurality of companies. The content to be negotiated in this negotiating unit shall be on the development or adaptation of matters covered by this Convention, where it establishes it by express reference. They shall be the subject of negotiations by means of collective agreements of undertakings, matters not covered by this Convention. All this, without prejudice to the provisions of Article 84.2 of the Workers ' Statute and the second additional provision, which also integrates the structure of collective bargaining.

c) Collective Agreements or Pacts: If any.

With the stated structure, the signatory parties consider sufficiently covered, within the statutory framework, collective bargaining in the IV Gama sector.

3.2 Concurrency Rules.

This Convention has a priority application in each and every one of its contents, with respect to other lower-level bargaining units, without prejudice to the provisions of Article 84.2 of the Workers ' Statute, in Article 3.1 and additional provision second.

Therefore, given the character of the exclusive rule and in the attention of its singular nature, the matters which are established in this Convention, may not be negotiated in lower bargaining units, either sectorial or company, except as provided for in the preceding paragraph, Article 3.1 and in the second provision second.

Article 4. Personal scope.

the Collective Agreement shall apply to all workers and undertakings falling within the functional field with the exception of the following: those affected by the special employment relations of Article 2 of the Staff Regulations Workers and staff excluded pursuant to Article 1.3 of the Staff Regulations or provisions of a general nature.

In the case of a Directing staff who does not meet the requirements of Royal Decree 1382/1985, it may be excluded in whole or in part from this Convention, by means of a pact between Company and Directing.

Article 5. Temporary scope.

1. Duration. This convention is valid from the moment of signature until December 31, 2017.

2. Complaint.

Form and reporting conditions of the convention.

This Convention shall be extended for periods of one year, provided that it does not mediate the timely denunciation, within the last two months of its temporary validity. The representation making the complaint shall communicate it to the other party, expressing in detail in the communication, which shall be in writing, the legitimization it holds, the areas of the convention and the subjects under negotiation. The communication must be carried out simultaneously with the act of the complaint. For the purposes of registration, a copy of this communication shall be sent to the corresponding labour authority.

Maximum time for negotiation to start.

Once the Convention has been denounced, within a maximum of one month from the date of the communication, the negotiating commission will be set up. The receiving party of the communication must respond to the proposal for negotiation and both parties will establish a timetable or negotiation plan, and it must start within a maximum period of one month from the constitution of the commission. negotiation.

Duration of the convention.

Exhausted the negotiation without agreement, the parties will subject the discrepancies to a mediation procedure and, in the event that they are not solvented the same in that instance, by majority of both parties will be able to submit them to a arbitration to allow negotiation to be unlocked.

In any case, the agreement will have a maximum duration of twenty-four months from the date of the end of the temporary validity of the previous collective agreement, so that the deadline has not been reached. Agreement on the new agreement, this bargaining unit will be exhausted and the present collective agreement extinguished, automatically applying from that moment to the companies and workers included in the functional scope of the present Convention, the Collective Agreement which will be applicable to the said organization and/or sector.

Article 6. Effects and Link.

This Collective Agreement subscribes under the provisions of Article 82 et seq. of the Workers ' Statute and, as such, has a statutory nature, obliging its signatories and natural persons or legal persons in whose name the Convention is concluded, prevailing in the case of any other rule other than the absolute necessary law, and all of this, except as provided for in the preceding Article, Article 3, and the second provision.

Likewise, this Convention requires for the entire duration of its validity, excluding any other, all undertakings and workers within the scope of this Convention, without prejudice to the provisions of Article 3.1 (b), 4 and the second provision of this Convention.

The agreed conditions form an indivisible whole, so that the application of one or more of its rules with oblivion of the rest cannot be intended, but for all intents and purposes, it must be applied and observed in its entirety. The conditions laid down shall compensate and absorb all existing conditions at the time of entry into force of this Collective Agreement. However, the economic conditions in force for the signature of this Convention, which as a whole and on an annual basis are higher than those laid down in this Convention, shall be respected as more beneficial conditions and in a personal capacity.

If the labor or judicial authority considers that this Collective Agreement, or some of its provisions, will violate the law in force, or seriously injure the interest of third parties, the signatory parties undertake to reconstitute the Negotiating Commission, composed of the same representations, to negotiate, amend or delete the affected condition or clause, as well as all those that may be directly or indirectly affected by the previous one.

For these purposes, the signatory parties to this Convention undertake to meet within 30 working days of the determination of the relevant resolution in order to resolve the problem raised and to give a wording according to the resolved.

Also, in the event that the labor or judicial authority declares by firm or immediate resolution that the present Collective Agreement does not have the status of a statutory collective agreement, this Convention Collective will be without effect in its entirety and immediately, and without the same being able to be opposed to claim more beneficial conditions or acquired rights to the future, leaving the labor relations of the workers understood within of the scope of this Convention, governed by the collective agreement of the statutory This will result in application for that scope.

Article 7. Joint Commission.

The signatory parties agree to create the Joint Commission for the interpretation and monitoring of this Convention, as an Organ of Interpretation, a mandatory and prior conciliation to the administrative and/or jurisdiction, as well as monitoring of compliance.

The Commission shall also have all powers and powers granted under the provisions of this Convention or by law.

In addition to the non-tax relationship indicated in the following articles, the Joint Commission shall be competent to hear and resolve all matters submitted by any of the signatory parties or by those parties. (a) to be affected or to be applied to them, in so far as conflicts of collective affectation are concerned, as well as to be aware of the application of the conditions laid down in the Collective Agreement, under the provisions of Article 82.3 of the Staff Regulations.

In this respect, the parties agree to expressly submit to all the provisions contained in the Fifth Agreement on the Autonomous Solution of Labor Conflicts, and may be subject to the established procedures. in order to address those questions in respect of which it is necessary to submit them before the Joint Committee for resolution, and on which an agreement has not been reached.

Article 8. Composition Joint Commission and majorities.

The Joint Commission shall be composed of a maximum number of 6 members, of which 3 shall be appointed by the signatory trade union representation and the other 3 by the signatory employers ' representation.

The Joint Committee's agreements will be adopted in any case by a simple majority of the total representation, and those who interpret this Convention will have the same effectiveness as the rule that has been interpreted, integrating and forming part of this Convention. To this end, such agreements shall be referred to the Labour Authority for registration.

Article 9. Powers and operating arrangements of the Joint Committee.

9.1 Skills: These are specific functions of the Joint Commission:

a) The monitoring of compliance with the agreed upon.

b) The interpretation and application of the agreed upon.

c) Resolve how many queries are presented relative to the functional scope.

d) The follow-up to the agreements adopted within or in the negotiation of the Collective Agreement.

e) The review and study of all issues raised in accordance with the provisions of the provisions of this Convention.

f) The analysis and proposal of recommendations and practical measures that contribute to improving the sector. In any event, six months in advance of the end of the collective agreement, either the initial term or its extension, the Joint Commission may propose a list of recommendations or subjects to be analyzed for the purpose of submitting the agreement. further development and regulation, if any, in the Collective Agreement that happens to it.

g) mediation, arbitration and conciliation in collective or collective disputes, which shall be binding and shall be required to be required in any other way.

h) " Analysis and remission of report or interpretative criterion for all those questions or subjects of collective transcendence that the parties affected by it wish to raise at any time, as well as competition to be aware of the application of the conditions laid down in this Agreement, in accordance with the terms of Article 82.3 of the Staff Regulations, with the possibility of making recommendations or proposals for agreement. "

i) How many other functions tend to be more effective in the practical effectiveness of this Convention, or are derived from the provisions of its text and Annexes that form part of it.

j) Set or adjust the salary table for each period, as provided in the salary adjustment clause.

9.2 Operating Regulation.

9.2.1 Meetings. The Joint Committee shall meet every twelve months for the exercise of the functions described in (a), (b) and (d) above and, where required, in the case of other functions. With regard to the competence described in point (j), the Joint Commission shall meet in the first calendar quarter of each year of this Convention.

9.2.2 Convocation.-At the first meeting of the Joint Committee to be held, the President and Secretary of the Joint Committee will be appointed, who will be responsible for the custody of the minutes and agreements to be signed and the management and the processing of their registration, unless otherwise agreed on each call or expressly authorised to another person for registration and, without prejudice to paragraph 9.2.3.

The Joint Commission will be convened by any of the signatory organisations, in order to provide written communication, which will express the points to be dealt with on the agenda and address this call to the Secretary of the Joint Committee of the Convention to whom the management of the convocation meetings and procedures for the proper performance of the meetings are responsible.

From the time of the call to the constitution of the commission deliberating the Joint Committee, no more than 15 working days must elapse, except for specific and distinct rules for certain subjects which can be fixed in this article. From that constitution, it shall be up to the deliberative commission to set the schedule of meetings to be followed.

The Commission shall be validly understood when assisting the simple majority of each representation.

For each meeting, the minutes will be lifted, which will be signed by the President and Secretary.

Each representation is committed to acting under the principle of good faith.

For the purposes of notifications, the address of the Joint Commission is fixed at the headquarters of the President and the Secretary, sitas in the Town Hall, 29, 1. º, CP 46002, Valencia and Calle Ramírez de Arellano, 19, CP 28043, Madrid (FEAGRA-CC.OO.), respectively.

9.2.3 Chairman and Secretary of the Joint Commission:

The status of President of the Joint Commission will be assumed by a member chosen from the signatory business representation.

The Secretariat of the Joint Commission shall be performed by a member chosen from the signatory trade union representation.

The Secretary-designate shall be responsible at any time for the management of the meetings, the lifting of the minutes of meetings and the custody of the Chair, together with the President of the Chair, as well as the consultations that have been held. formulate the Joint Committee.

The importance of analysing and monitoring those matters of particular relevance to the IV Gama sector is recognised in order to boost this Convention and its effective implementation, and to this end, it is recognised that the confers powers on the Secretary to submit to the negotiating parties all matters that may be relevant or have an impact on the sector of IV Gama. To that end, the Secretary-designate shall have the power to analyse and inform the Joint Committee of matters relating to the extent to which this Convention applies, levels of absenteeism in the sector and mechanisms possible for their reduction, issues related to the prevention of occupational risks, employment and food security, as well as any other issues that may be entrusted to it by majority agreement of the Joint Committee.

CHAPTER II

Organization of the job

Article 10. Organization of the job.

The organization of the work is reserved to the Management of the Company, who will carry it out through the regular exercise of its faculties of economic organization, technical, productive and organizational control.

To achieve the proposed objectives, maximum collaboration is required between the members of any business organization: Business and workers management.

In any case, the business organizational system must be respectful of the duties of occupational safety and health in all aspects related to the work. However, in the same way that business organisations must plan the preventive activities which will be carried out as a business management system, in parallel, it will be an obligation of particular respect on the part of the workers, the diligent compliance with the rules and obligations laid down in the field of food safety, since it has a direct impact on the production process and affects the direct consumer of the product and therefore has an impact on the Company, as well as the rules for the prevention of occupational risks, in order to avoid accidents at work.

The systems of rationalization and management of work will seek to contribute to the professional training that the staff has the right and the duty to complete and perfect with the daily practice. The workers, for their part, will take the utmost diligence to take advantage of the training actions and to contribute to improve the productivity of the enterprises.

Article 11. Core content of the Business Organization.

Given the characteristics of the activity of IV Gama, as well as the short shelf-life of the raw material and the short shelf-life of the product, among other factors, the organization of the normal work will be extended and will comprise the The following conditions or activities:

1. The requirement of the normal activity required for this sector.

2. Continuous or permanent work processes, adjusted to the requirements of the demand and attending to the short shelf life of the product between its processing or packaging and its consumption, as well as the perishable nature of the raw materials.

3. The scrupulous respect and monitoring of food safety standards that will condition the productive and organizational process.

4. The adaptation of the workload and time distribution to the conditions of the production process.

5. The constant professional evolution to adapt to a specialized system in which the professionalism of human resources is a fundamental element.

6. º Availability before unforeseen situations.

The above conditions are set as inspiring principles of the conditions governing industrial relations.

CHAPTER III

Employment Policy

Section First. Revenue, promotions and cesses

Article 12. Test period.

The income of the workers will be considered as a test, regardless of the type of contract entered into, without in any case exceeding six months for the workers assigned to the posts defined in the Article 18, paragraphs 1.1, 1.2 and 1.3, in the case of Technical and Administration Personnel, and posts as defined in Article 18 (2.1) and (2.2), in the case of Production Personnel, and level 3.1 for the Maintenance Group Staff, and three months for other workers.

The situation of temporary disability, maternity, paternity, risk during pregnancy and adoption or reception during this period will interrupt the trial period, resuming the period after effective incorporation into the job.

During the probationary period the worker shall have the rights and obligations corresponding to his or her professional group and to the job he or she performs, except those arising from the termination of the employment relationship, which may occur at the request of either party during its course.

After the trial period without the termination of the contract, the same will produce the own effects of the modality under which they have been concluded, and, if necessary, the effects of the time of services provided in the Company.

Article 13. Volunteers cease.

Workers who wish to cease voluntarily in the company's service will be required to bring it to the company's knowledge, complying with the following minimum notice periods, unless otherwise agreed:

Technical and Administrative Group:

(a) Posts specified in Article 18, paragraphs 1.1 and 1.2: 60 days.

b) Rest of posts: 15 days.

Production Professional Group:

(a) Posts specified in Article 18, paragraphs 2.1 and 2.2: 60 days.

b) Rest of posts: 15 days.

Professional Maintenance Group:

(a) Posts specified in Article 18 (3.1): 60 days.

b) Rest of posts: 15 days.

The failure to comply with the obligation to provide prior notice shall entitle the undertaking to deduct from the worker's liquidation an amount equal to the amount of his daily wage for each day of delay in the undertaking. notice. In contracts of a temporary nature which have a certain end date specified in the contract of employment and have a duration of more than one year, the undertaking shall inform the worker at the same time as provided for in this Article. the termination of his contract. Otherwise, the company must pay the worker in the settlement an amount equal to the amount of his daily wage for each day of delay in the notice of the termination of his contract.

Section Second. Procurement

Article 14. Modalities of employment and stability in employment.

The employment contract may be concluded for an indefinite period or for a specified duration in accordance with the applicable labour law at any time and in accordance with the following rules:

14.1 Work or Service Contracts:

The contract of work or service is regulated to cover those tasks or works with autonomy and self-sufficiency within the business of the company and whose duration, although limited in time, is of uncertain duration.

This type of contract cannot be longer than three years.

14.2 Possible Contracts by Market Circumstances, Task Accumulation, or Order Overruns:

Each eventual hiring, which responds to the same cause, may have a maximum duration of twelve months within a period of eighteen, counted from the time such cause occurs.

The eventual contract will be justified, among other causes, due to the following circumstances: Increase of activity or accumulation of tasks by or for the incorporation of clients, recovery of clients, periods of increase of activity by consumption habits, promotions that increase the activity and likewise by the works that demand in attention to the characteristics of the raw materials that requires an increase of activity and/or accumulation of tasks.

14.3 Interinity Contract:

This type of contract may be concluded in the case of the replacement of a worker with the right to reserve the job, as well as to temporarily cover a job during a selection or promotion process. for their final coverage.

14.4 Practices Contract:

The contract of work in practice may be concluded with those in possession of a university degree or professional training of a medium or higher degree or officially recognised as equivalent, according to the with the rules governing the education system in force, or certificate of professionalism which they enable for the professional exercise, within five years, or seven in the case of a worker with a disability, following the completion of the relevant studies.

The duration of the contract may not be less than six months or exceed two years, and shall be subject to the test period stipulated in Article 12 of this Collective Agreement.

The remuneration of the worker shall not be less than 75% during the first year of the term of the contract, or 85% during the second year, of the salary fixed in the Collective Agreement for a worker who performs the same or equivalent job and proportional to the agreed day.

14.5 Contract for training and learning:

The contract for training will have as its object the professional qualification of workers in a scheme of alternance of paid employment in a company with training activity received in the framework of the vocational training for employment or the education system.

The minimum duration of the contract will be six months and the maximum of three years.

The remuneration of the worker during the first year of the contract shall be 65% of the salary provided for the position of the Professional Group to be attached to the worker, during the second year of 75% of the salary provided for the post of the Professional Group to be attached to the worker, and during the third year of 85% of the salary provided for the position of the Professional Group to be attached to the worker, in any case, not less than the current minimum inter-professional salary, in proportion to the effective working time.

14.6 Part-time contract:

A part-time work contract may be concluded when the provision of services has been agreed for a number of hours per day, week, month or year, less than the working day of a worker on time comparable complete.

Company and worker will be able to subscribe to a pact of complementary hours, which will not exceed 60 percent of the ordinary hours of work contracted. In this case, the worker must be aware of the day and time of the completion of the additional hours agreed with one day in advance or notice of completion.

Without prejudice to the foregoing, in part-time contracts of indefinite duration with a working day of not less than 10 hours per week on an annual basis, the employer may at any time offer the worker the carrying out additional hours of voluntary acceptance, up to a maximum of 30% of the ordinary hours covered by the contract.

The system provided for in the Staff Regulations and development regulations shall apply to the non-regulated herein.

14.7 Relay Contract:

Workers who have or comply with the entry into force of this Convention, the age legally required to access partial retirement and meet the requirements for access to it, may, by agreement, (a) a company and a worker, who are eligible for partial retirement. Access to partial retirement prior to the ordinary retirement age shall require the conclusion of a simultaneous replacement contract, subject to the conditions and conditions laid down in Article 215.2 of the General Law of the Social security and other legal enforcement regulations.

The worker who is interested in partial retirement will inform the company at least three months in advance of the date from which he intends to access the partial retirement.

Fulfilled the requirements, and once agreed between company and worker, both parties will arrange a part time contract, reducing the working day by a percentage between the minimum and the maximum reduction that is established in the legal regulations of current application and, in any case, subject to the organizational need of the Company. Such a reduction shall imply the consequent reduction of their remuneration, in the same percentage of reduction in working time as agreed, in such a way that the worker would be able to receive the fixed remuneration in proportion to the number of hours of work carried out and, the variable remuneration which he or she is entitled to receive shall be subject to the subscription of an agreement between the undertaking and the worker for the purpose of granting it in consideration of the particular conditions.

By agreement between the company and the partial retired worker, the part-time working time can be accumulated on a yearly basis, so that the days of service delivery are accumulated and carried out in the period or agreed periods.

Such a contract shall be extinguished on the day on which the worker fulfils the ordinary retirement age, thereby accessing such an ordinary retirement, or on a previous date if the worker opts for an early retirement.

In addition to the part-time contract with the retiree, the company will sign a replacement contract, when legally required for the partial retired worker to access such a situation, which may be arrange to replace the job position of the replaced worker or a similar one.

The relief contract shall be concluded for an indefinite duration or at least equal to the time of the replacement for the ordinary retirement age. If, when the retirement age is fulfilled by the partial retiree, the undertaking shall continue to provide services, the contract of relief concluded for a given duration may be extended by agreement between the parties for annual periods, which shall be extinguished. where appropriate at the end of the period corresponding to the year in which the total retirement of the relieved worker occurs.

14.8 Fijo-discontinuous Contract:

a) Nature of the contract.

They will have the contract consideration for discontinuous fixed workers who are designed to perform intermittent or cyclical execution work within the normal volume of the company's activity, which is not repeated in (a) the date for the provision of services during the whole of the year is not required for the provision of services on a general basis; the days of service provision are developed in one or more periods of time; seasonal activity, the nature of his contract being that established in art. 16 of the Workers ' Statute.

The nature of the products and processes typical of the activity of IV Gama are conditioned by: the agricultural campaign, the seasonality, origin, qualities and perishable condition of the raw materials used in each time; therefore, the work done does not respond to certain and continuous dates or to default activity volume. As a result, services may not be provided every day for the provision of services in one or more periods of seasonal activity or which do not require the same during all the days which are taken into account in the whole of the year. Generally speaking.

As a consequence of the above, the cause justifying this contract may be extended throughout the calendar year.

In this way, the fixed contract of discontinuous character will be arranged when there is a need for intermittent or cyclical character, which is repeated every year and is permanent.

b) Call system.

The appeal of discontinuous fixed workers will be made in accordance with the following rules:

1. The appeal of staff shall be made gradually in accordance with the requirements which the volume of work to be developed at each moment requires and must be carried out within each specialty in order of seniority in the job.

The discontinuous fixed worker may be part of several steps in the event that he has provided services in a number of different jobs which could result in his being attached to different steps per job. work. In such cases, the membership of each job for each job will be in accordance with the same order criteria as in the previous paragraph.

In these cases, if the worker had been called for a job, according to the order that he holds in the job, and subsequently the possibility of being called for another position of another person arises. escalafon, in which the worker is also a member or of the person who is a party, the worker must be offered the possibility of changing the job, in full respect of the order of the list corresponding to that job, The company must communicate within the period granted by the company its willingness to change its job. The above as long as the change of position does not imply the interruption of another person's call and/or journey in the post "of destination".

In the event that you do not opt to change jobs, you will continue to provide services in the position for which you were previously called, for as long as your services are required in that post.

On the contrary, in the event that the worker decides to move on to the job offered in the second place, once he has completed his service in that post, he will not return to the job for which he was initially called fijo-discontinuous, unless there is a need to incorporate another worker-discontinuous and occupy a better position according to the order of appeal.

2. The appeal shall be made by means of the appropriate communication to be carried out in accordance with the uses and customs of each centre and activity. For example, calls made by phone, sms, e-mail, etc. will be valid.

The worker who has been called and does not join the company at the time fixed for this purpose, nor justifies his absence within 24 hours of the non-incorporation, will lose the condition of discontinuous fixed, Such a circumstance is treated as a voluntary reduction in the company.

The application of the preceding paragraph is excepted to those workers who fail to call for the following duly justified causes before the employer, at the time of the appeal: common illness which determine your work, maternity leave, or accident.

3. The suspension of the contract of the discontinuous fixed shall be produced in each working centre, in a gradual or total manner, in reverse order to the incorporation in the appeal to occupy said post and to the needs or requirements derived from production.

Taking into account the particularity of the fijo-discontinuous contract, and the concept of discontinuity, the appeal as well as the provision of services during it may be interrupted at any time or not give rise to its start in the same periods as in previous years.

4. Discontinuous fixed pay shall be paid at regular intervals, in respect of the hours actually worked.

Hourly pay will include base salary on a monthly basis, according to Collective Agreement, proportional part of extraordinary pay, holidays, breaks and holidays.

Hourly pay will be the result of dividing the annual base salary provided for in the Collective Agreement between the maximum day provided by the Collective Agreement for each year.

5. Companies will develop a census of discontinuous fixed workers by specialty in the job and seniority.

6. The foregoing provisions shall apply to all discontinuous fixed workers of the undertaking irrespective of the date of entry into the company or the form of acquisition of the discontinuous fixed condition.

7. It shall not be possible to contract for a job during a period in which the call for a discontinuous fixed shall be justified, provided that at the time when the need for recruitment arises there is a fixed discontinuous in the undertaking which may be called for such a job, in consideration of the system of appeal set out in this Convention.

Article 15. Contracts for putting to disposition-ETT.

It may be possible to conclude contracts for making available on the same assumptions and under the same conditions and requirements as the user undertaking (company of IV Gama) could conclude a fixed term contract.

CHAPTER IV

Professional classification

Article 16. General disposition.

The professional groups entered in this Collective Agreement are merely enunciative, and do not assume the obligation to have all the posts provided if the needs and volume of the companies do not require it.

The parties agree to establish in this Convention a professional classification made up of three groups. However, the parties have the power and reserve for collective bargaining, business, working centre, business unit or group or plurality of undertakings the fixing and/or adaptation of the system of professional classification, which may be extended or reduce the number of professional groups and levels regulated here, in order to make better distribution and organization of the ranking of posts, in the attention of competencies, areas or departments or those other variables that are used in each case to design the most appropriate professional classification system.

In these cases, the lower-level negotiating units will give prior transfer to the Joint Commission of this Convention of the proposed professional classification, as well as of the agreement reached, in order to make this report on that classification system, and all without prejudice to the provisions of Article 84.2 of the ET and the provisions of this Article.

Every worker is obliged to carry out as many works as his superiors within the competence of his professional group, and without prejudice to the provisions of Articles 23 and 39 of the Staff Regulations. Workers.

Article 17. Professional Groups.

Workers who provide services in the enterprises to which this Convention applies shall be divided into the following professional groups:

1. Technical and Administrative Staff.

2. Production Personnel.

3. Maintenance Personnel.

Article 18. Professional Groups.

The classification established in this Article shall apply in the absence of the provisions of the Collective Agreement of a company, a working centre, a unit of business, a group or a plurality of undertakings. In this sense, each company may perform a professional classification adjusted to the particularities of its organization and resources, classification that does not necessarily have to understand the description of posts detailed below or, even, you can set others more appropriate to your business or job center.

1. Technical and Administrative Staff Group: It is technical staff who, with or without title, carry out work requiring an appropriate academic qualification or competence or practice, exercising functions of an optional, technical, administrative management or of a specialised procedure or address. Within this professional group the following jobs will be included:

1.1 Director: The people who are responsible for defining, developing and implementing the strategy of your area/s or department according to the company's overall strategy are placed at this level. They can have a team of workers in charge to those who supervise, direct and/or coordinate. The holder acts with high autonomy.

1.2 Responsible: People who are responsible for a department or area of the company are placed in this position, and with staff in charge they develop, order and direct all the tasks of the area or department to which they are responsible. is assigned, and with the responsibilities inherent in your position. The specialization and expertise of the area or department should be contrasted. The holder acts with sufficient autonomy but receives final supervision to ensure proper execution of the job.

1.3 Technician: Persons who within an area, department or specific section of the company, with adequate training and skills and under the orders of their superior, perform specific works and/or technical, fulfilling the responsibilities assigned to his position. The holder acts with sufficient operating autonomy, but under the supervision of its controller.

1.4 Support Technician: It is the person who meets the responsibilities assigned to his position and performs the technical support functions in the tasks of one or more departments, areas or sections. Has sufficient qualification or experience for the job performance. He has sufficient autonomy for the development of his job, but subject to the indications of his superior.

1.5 Administrative: It is the person, with knowledge, qualifications and skills required for the job, who with restricted initiative and responsibility, but with some autonomy, fulfils the responsibilities assigned to your post and performs the functions of your post, whether you have a marked administrative or business procedures management. They will depend and be subject to the instructions of a superior.

1.6 Administrative aid: Corresponding to the work of an administrative staff who, with limited autonomy and under the supervision and supervision of a superior, is dedicated within the offices to operations This is a very difficult task, and I would like to make a point of this. They may also perform other functions not strictly bureaucratic but related to administrative management. For administrative tasks, it will require management and knowledge of the IT systems and procedures used in the Company.

1.7 Assistant: Those workers in charge of carrying out tasks of different trades, who do not require a certain complexity, will be framed in this category, for which no training or experience is required special or qualified, although it may require a small period of adaptation. Perform tasks that you run following specific instructions.

2. Personal Production Group: They are the workers who perform most of the production tasks themselves, but, among others, could understand supply, cut, semi-finished, packaged, bagged, logistic, semi-finished, dump, transport, maintenance, quality. They perform their duties with the appropriate training and responsibility at their professional level, providing their services, where appropriate, in various jobs, being responsible for maintaining the basic and cleaning of their job, under the orders from their hierarchical superiors, with knowledge of the machines and tools they handle, and with the degree of autonomy and responsibility that corresponds according to the job they are assigned to. This professional group integrates the following jobs:

2.1 Supervisor: He is the person who coordinates each area within the industrial process, in the shift he has assigned, achieving the standards of quality, productivity and performance. Manages and directs teams of persons assigned to their turn and is responsible for implementing the company's internal regulations regarding safety and hygiene, quality, discipline, environment, production, human resources policy, and any other applicable rule. Knows and manages the computer systems applied in the company in the production processes, has capacity and intervenes in the resolution of the incidents that occur in the production process and in the maintenance of the first level, as well as information on possible technical improvements that can be applied within the production process. You have sufficient technical knowledge and professional skills to assume the functions of your immediate superior at certain times.

2.2 Chargé/Head of Equipment: It is the person who in addition to the basic and general functions of his job, assumes and is responsible for the coordination entrusted to his or her turn of one or several sections or area of the process the company, with full responsibility, high autonomy, knowledge and training, coordinating all the staff in charge of the company under the command of its superiors. It manages and manages teams of people, is responsible for implementing the internal regulations of the company regarding safety and hygiene, quality, discipline, human resources policy, environment, and production in the area or areas it coordinates. It knows and manages the computer systems applied in the company in the industrial processes, it has capacity and it intervenes in the resolution of the incidents that occur in the area that coordinates and/or in the maintenance of the first level, as well as information on possible technical improvements that may be applied within the industrial process.

2.3 Pilot-Coordinator: These are the operators who have the responsibility, experience, quality and adequate performance to know, perform and practice different tasks and operations within the industrial process. They effectively exercise and have knowledge and experience to provide their services in a multi-purpose manner in all sections of the industrial process, with appropriate training, handling all machines with adequate performance, solving basic incidents, participating in the first level maintenance processes and proposals for technical or organizational improvements in the production processes. They have user-level knowledge of the computer systems and tools that are used in the company's productive processes. Under the supervision of their superiors, but with sufficient autonomy, knowledge and responsibility they are able to provide their services at various stages of the production process, knowing and performing properly the various operations and tasks, and being responsible for production processes within their job, machines or facilities, coordinating groups of people with less qualifications.

2.4 Specialist: They are operatives who with responsibility, experience, quality and adequate performance, know, perform and practice all the operations and tasks of their job, and knowledge of the management of the machinery assigned to your job. They have user-level knowledge of the computer systems and/or tools that are used in the company's productive processes. They have the right training and knowledge to perform all the tasks of their job, being able to work both individually and as a team and under the supervision of their superiors, with relative autonomy.

2.5 Operary: They are operatives who execute with skill and speed, concrete and determined works of their job, developing their tasks always under supervision and with limited autonomy in the execution of them, following the instructions given to you. They have the right training and knowledge to perform their job duties.

2.6 Peon: They are operatives who carry out concrete and determined work, with basic and elementary knowledge of their job, developing their tasks always under supervision, following the instructions given to them. They have the right training and knowledge to perform the most elementary tasks of their job.

2.7 Apprentice: They are operatives who are in a process of training or learning in some of the job tasks within the production processes, which are dedicated to specific and determined jobs that do not require special knowledge for their correct development. The maximum amount of time a worker may be assigned as an apprentice shall be six months.

3. Maintenance Group: They are the workers who have assigned the competencies and their own functions to be developed by the Department of Maintenance and perform most of the maintenance tasks. They carry out their duties with the appropriate training and responsibility at their professional level, providing their services, where appropriate, in various jobs, being responsible for maintaining, cleaning and ordering their work, under the orders from their hierarchical superiors, with knowledge of the machines and tools they handle and with the degree of autonomy, specialization and responsibility that corresponds according to the job they are assigned to. This professional group integrates the following jobs:

3.1. It is the one that, at the orders of its immediate superior or the responsible of the area, knows the general process of the industry in its various sections, implanting the guidelines and protocols of maintenance and respecting the norms of safety, Food security and quality, applying this knowledge, organizing and distributing the work in the sections, maintaining the discipline, while facilitating the data of its technical competence and those that may be related to the production, performance, and maintenance system.

3.2. It is a maintenance operator who knows and practices all the operations of a trade, with experience, responsibility, quality and performance appropriate to its level. In addition to the tasks of this level, it is able to carry out design tasks in the own fields of its trade, to participate actively in the analysis, management and organization of maintenance and to train workers of lower level. And all under the orders and supervision of the Maintenance Officer and/or Maintenance Supervisor.

3.3. It is a maintenance operator who knows and practices the functions of a trade, with experience, responsibility, quality and performance appropriate to its level. The functions included: performing predictive, preventive, corrective and palliative maintenance, relevant modifications in machinery and facilities. Executes the orders and instructions from your supervisor and/or responsible.

3.4. It is a maintenance operator who is not able to perform all the activities of the maintenance department. However, it carries out its work with the right experience, quality of work and training at its level. Develops its tasks in collaboration and supervision of level 2 and 3 workers, taking responsibility for routine maintenance tasks and maintenance of first level, including within this sharpening and changing of blades.

Article 19. Framing of workers.

The framing of workers at one job or another within each professional group shall be carried out in any case by the employer, in the light of the functions effectively carried out and the description of the employees. which is included in the Collective Agreement of application within the company, centre of work, unit of business or group or plurality of undertakings. In the absence of the provisions of the Collective Agreement of a company, a working centre, a unit of a company or a group of undertakings or a plurality of undertakings, or a collective agreement, or where the parties to which they have signed the agreement have decided to submit to the Regulation of the professional classification referred to in this Collective Agreement, the workers shall be assigned to the professional classification referred to in the previous Article, and without prejudice to the possibility of functional mobility laid down in Article 39 of the Staff Regulations and Article 42 of this Convention.

Those workers who come from a different professional classification system according to the sectoral collective agreements that will be applicable previously, and there are discrepancies in their framework between the the management of the undertaking and the legal representatives of the employees, any of the parties may call on the joint committee to carry out the corresponding equivalences and, in the event of disagreement within it, the parties may be subject to an out-of-court settlement of disputes in the SIMA or equivalent at the regional level.

CHAPTER V

Working time and sorting

Section 1. Work Day

Article 20. Workday.

The maximum annual working day shall be 1,776 hours of effective work during each of the years of the present Convention.

In general terms and, in view of the short shelf life of the product of IV Gama and the need to serve the service demanded, it is a fundamental condition that the weekly working day be flexible and adjust to the needs of the productive organization of companies and job centers, respecting established legal breaks.

It is reserved for the company by agreement between the legal representatives and the management of the company, the regulation of the flexibility and irregular distribution of the day, a lack of agreement will be regulated in the Staff Regulations.

Article 21. Organization of the day.

It will be up to the company to organize the work of the most convenient working day, establishing such effects shifts of work, continuous day, departure, etc., in accordance with the legislation in force.

Section 2. Extraordinary Hours

Article 22. Overtime.

It is considered overtime to be performed on the annual workday agreed upon in this Collective Agreement and established in the company's calendar.

In no case shall they be considered as extraordinary hours in application of the irregular distribution of the day which may be applicable in each undertaking, in accordance with the provisions of Article 20 above relationship to the attachment of the same.

In this regard, no more than 80 overtime hours may be performed per year, but for the purposes of calculating overtime, those that have been compensated by rest shall not be taken into account.

In the event that overtime is compensated with rest, the moment of enjoyment will be fixed between company and worker. In the absence of agreement they shall be compensated in any case within four months of their completion.

Article 23. Price overtime.

The overtime price will have a value equal to 35% of each worker's ordinary hour value.

Section 3

Article 24. Breaks Regime.

On a general basis, workers shall be entitled to a minimum weekly rest day and half of uninterrupted rest, in accordance with the timetable of implementation in the undertaking or working centre.

Article 25. Schedules.

The determination of the working hours is a matter reserved for the business or the workplace, and therefore, it is subject to the same rules in the collective agreement of company, group of companies or of a plurality of companies, work center, unit of company, group or plurality of companies, as well as to the Collective Pacts that in their defect are applied or to the criteria that taking care of the use or custom are coming applying in and the company.

Section 4. Permissions and Holidays

Article 26. Permissions.

Workers affected by this Convention, prior notice and justification shall be entitled to the permits or licenses paid in the following cases:

a) In case of marriage, 15 calendar days.

b) Two days in the case of death, accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest, from a relative to the second degree of consanguinity or affinity. Where the worker is required to make an offset to the effect exceeding 200 km, the time limit shall be 4 days. If the posting is less than 200 km, the worker shall be entitled to a three-day permit, provided that the movement is outside the place of residence of the worker and requires him to stay out of his usual place of residence. residence.

c) One day for the usual home move.

d) For the time indispensable, for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage. Where a specific period is set out in a regulation, it shall be as appropriate as to the maximum duration of the absence, provided that during that period the need to comply with that inexcusable duty persists.

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than twenty per cent of the working hours in a period of three months, the undertaking may pass to the worker (a) the situation of surplus regulated in the Staff Regulations.

In the event that the worker, by virtue of the duty or the performance of the charge, receives compensation, the amount of the same salary shall be deducted from the salary to which he was entitled in the company.

d) To perform trade union or staff representation functions in the manner in which current matter legislation is legally regulated at any time.

e) By birth of children: three calendar days.

f) For the time required to perform prenatal tests and birth preparation techniques to be performed within the working day.

g) They will have the same consideration as the marriage of the stable and stable couples as such in the Records enabled to the effect or that they credit it to the company for any other valid means legally.

(h) Breastfeeding permit, female workers, who are breastfeeding for a child under nine months of age, shall be entitled to one hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally to the number of children in multiple birth cases.

Who exercises this right, by its will, may substitute this right for a reduction of its journey in an hour for the same purpose or accumulate in full days, prior agreement between the parties.

j) In the case of an outpatient surgery that does not require hospitalization (that is, hospital stay for less than 24 hours) or home rest, a working day will be granted, coincident with that of the intervention for the case of parents, spouses and children, as long as they are dependent and are dependent on the worker. In the event that in this case the company matches several relatives by reason of kinship only one of them will be able to enjoy the license.

k) With the time required and with a maximum of 4 hours per absence, provided that it coincides with working hours, in order to attend meetings of schools or special schools of disabled persons for those workers who have their child care with some kind of recognised disability. With a maximum of twice a year and, all without prejudice to the application for unpaid leave to which you may be entitled.

Article 27. Licenses for studies.

Workers who must be screened as a result of being registered in an Official Centre, on the grounds of official studies or professional careers, may apply for permission from the undertaking, which must be granted for the time required and up to a maximum of 10 days per year for such examinations.

This permit shall be paid with the salary agreement group, provided that the examination is duly justified, and that in the ordinary or extraordinary convocation, at least half of the subjects of the examinations. The worker must justify these circumstances and, if they are not satisfied, must recover the days of leave enjoyed when the undertaking so provides or, in the event that such recovery is not possible, the discount of the salary received for those days.

The driver's examinations are excluded from these licenses, to which the worker must attend for incorporation into the Administration or company other than the one in which he provides his services.

The worker shall be entitled to the adjustment of the ordinary working day for the attendance of vocational training courses, or to the granting of the appropriate training or vocational training leave with the reserve of the job.

Article 28. Unpaid leave.

1. Staff who carry a minimum of two years of service in a company may apply for unpaid leave, no later than 15 days or more than 60 days and shall be granted within the following month, provided that the requirements are met. of the activity and properly justify the reasons for your request.

2. Fixed staff who have consolidated a minimum of one biennium at the service of an undertaking and who have worked for a minimum of 180 days in the preceding year may apply for leave without pay for a period of not less than 15 days, or more than thirty and shall be granted within the following 30 days, depending on the needs of the service and on appropriate justification of the reasons for its request.

In the two scenarios provided for in this article, the company may exclude periods of maximum activity. No worker may apply for a new licence until two years after the last one has been granted. The company will extend the absence of the affected worker to Social Security.

Unpaid leave will not lead to discontinuous loss of priority rights in the call lists to which they are attached.

Article 29. Holidays.

1. The worker shall be entitled to an annual period of paid leave, in proportion to the time worked, the duration of which shall be 30 calendar days.

Workers who on the date determined for the enjoyment of annual leave would not have completed an effective year in the company's workforce will enjoy a number of days proportional to the time of services provided. Similarly, in the event that the staff entitled to leave leave during the course of the year, they shall be entitled to the proportion of the holidays, according to the period of time worked in that calendar year, in the case of the days of accrued holidays and which have not been able to be enjoyed on the date of the cessation.

2. The completion of vacation days is reserved for the company's scope.

Exceed

Article 30. Excess.

Excesses may be voluntary, enforced or special, and shall be subject to the provisions of the Workers ' Statute.

In addition to the regulation provided for in the Workers ' Statute, in the case of workers who have the status of victims of gender-based violence, and so officially credit them with the official certificate In this respect, they may apply for a leave of absence which, for these purposes, shall be considered voluntary, but with a reserve of work for six months.

CHAPTER VI

Remuneration

Section 1 Of The Salary

Article 31. Determination of salary.

The wages agreed in this Collective Agreement are fixed on the basis of the working day established and payable in the activity, professional group and corresponding salary level. The collective bargaining, business, business unit or group or plurality of companies is reserved for the regulation of the remuneration system, composition and amounts in attention to the established professional classification system. in each case or scope.

Article 32. Wage increase.

The salary tables for implementation since the signing of this Convention and for the year 2016 shall correspond to those set out in Annex I to this Convention.

In the first quarter of 2017, the Negotiating Commission of the present Convention will meet to set the salary increases for the year 2017.

Article 33. Wage revision.

The company will update the salary tables for the year 2017, with effect from the month of January of that year, and within the month following the publication of the salary review of the salary tables, according to the percentage of increase to be agreed for 2017.

Article 34. Salary payment.

The payment receipt of the salary shall be in accordance with the model established by the legislation in force at any time and the period of payment of the application in the company, according to the custom.

Extraordinary hours, as well as the variable concepts that could be earned in each business entity, will be paid in the form determined in each company. In those cases where the payroll has already been closed and therefore cannot be included in the same amounts accrued during that month, they will be paid on the payroll of the following month.

The salary, the possible advances that were requested, as well as the payment by delegate of the benefits to the Social Security can be effected by the entrepreneur in legal tender, or by means of heel or transfer, or other modality of similar payment, through credit institutions.

Article 35. Plus de nocturidad.

The staff working at night shift (between twenty-two and six hours) will receive, for each hour effectively worked at this time, a plus to be added to the normal time amount according to the tables of the Convention of the Year in course.

This plus will be 25% of the hourly base salary corresponding to each salary level according to the corresponding annual salary table approved and published in the BOE.

It is understood by base salary the total hourly wage of each job, discounting the proportional parts corresponding to Sundays, on their case Saturdays, holidays, holidays, extraordinary rewards and complements variables which, if appropriate, would have been agreed or implemented in the company.

Are excluded from the perception of this plus:

-Operators who do not work in night shift start their day before six hours or extend their journey after twenty-two hours, unless they do at night more than two hours, in which case they are will pay for so many hours spent in night shift.

-Workers who have been expressly hired for night work.

Article 36. Extraordinary pagas.

Every worker shall be entitled to two monthly allowances, consisting of the equivalent of thirty days each of them from the basic salary of the salary table of the Collective Agreement. They will be paid in the months of July and December. By mutual agreement between undertakings and employees or legal representatives, they may prorate in twelve monthly payments.

Article 37. Plus annual profit.

In each company, variable remuneration systems can be established linked to indices derived from the results of the activity, the productivity, the degree of performance, the reduction of absenteeism, the results (a) the economic activity of the company and its individual objectives, etc., which provide incentives for improvements in the performance of the company and the degree of professional contribution of the worker and which, in overall terms, mean an improvement in the conditions of the convention.

In addition, in the case of each company or workplace, wage supplements may be established by quantity or quality of work, consisting of premiums, commissions or any other incentives that the worker can For reasons of higher quality or quantity of work, whether or not they are associated with a performance pay system.

Section 2. Inapplication of the wage regime

Article 38. Procedure for inapplication of convention conditions or neglect.

In accordance with Article 82.3 of the Law of the Workers ' Statute, when economic, technical, organizational or production causes are present, by agreement between company and representatives of the (a) workers may be brought forward, after a period of consultation has been carried out, in accordance with Article 41.4 of the Staff Regulations, to apply the conditions of employment laid down in the Collective Convention. conditions:

(a) In the case of an absence of legal representation of workers in undertakings, the latter shall be understood as being attributed to the most representative trade unions in the sector which are entitled to form part of the Commission. Negotiation of the collective agreement of application to it, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the E.T.

(b) that the time limit for the implementation of the specific conditions does not exceed the duration of the present Collective Agreement.

c) To be reported prior to the Joint Commission of this Collective Agreement and, after the end of the period of consultation, of the outcome thereof.

d) That a period of prior consultation between the company and the legal representatives of the workers be established, in accordance with the procedure laid down in the current Article 41.4 of the Workers ' Statute.

e) Finished the period of consultations referred to, if there is no agreement between the parties, the same will subject the differences to the Joint Commission on a mandatory basis who, within a period of not more than 7 calendar days, will convene to both parties to try to engage in mediation between them and to try to bring together positions that are concluded in an agreement.

(f) In the absence of agreement within the committee or the deadline without giving a decision, either party may refer to the mediation procedure established in the ASAC, developing it in accordance with the rules provided for in that agreement.

If an agreement is not reached in such mediation, the parties may submit to the arbitration procedure contemplated in the current ASAC. Only the subjects arising from the request for amendment or non-application of the working conditions covered by this Convention, carried out by the employer, may be submitted to arbitration. Arbitration shall be governed by law and without conditions, without any arbitration of equity or condition, which could only be established by agreement of those concerned.

The award shall be subject to the provisions of the applicable agreement and its effectiveness shall be the agreement itself in the period of consultations, thereby linking the parties to those terms.

Any of the interested parties, including those who were a party to the arbitration, may use the award in the terms of the article. 91 of the ET, being the challenge procedure, therefore, the challenge of collective agreements. The grounds for challenge in addition to the failure to comply with the requirements and formalities required under the agreement or agreement and the resolution of aspects not subject to arbitration shall also be those arising from the referral to the proceedings. of contestation collective agreements.

In the event that in the future and during the life of this Chapter concerning the "Inapplication of Working Conditions", they were established, by means of regulations or Interprofessional Agreements that affect the present Convention, new procedures for general and direct application to address discrepancies, including binding arbitration, which have arisen in the negotiation of the agreements established in Articles 41.6 and 82.3 of the E.T., the Commission will be convened (a) to the effect of adapting, where appropriate, to the procedures laid down in the the abovementioned Interprofessional Agreements.

e) The agreement finally adopted, in one venue or another, must be communicated to the Joint Commission.

Section 3

Article 39. Moves and displacements.

Transfers and displacements shall be governed by the provisions of Article 40 of the Royal Decree of Law 2/2015 of 23 October, approving the recast of the Law on the Status of Workers.

In accordance with the above, notified of the shipment, the worker will have the right to choose between the shipment, perceiving a compensation for expenses, or to terminate his contract by means of the compensation, in the terms established in Article 40 of the Staff Regulations.

In the event that the shipment is opted for, the compensation that is collected will be used to compensate both your own expenses and those of your family in your charge, in terms that are mutually convenient.

Article 40. Travel allowances and expenses.

The allowances are constituted by compensation or expenses due to the worker who, because of the service, is obliged to travel outside the locality where his usual centre of work is located and residence.

The amount of the diet shall not exceed the amount legally established as the maximum exempt amount, depending on the type of displacement.

Where the worker does not make the journey in vehicles of the undertaking, he shall be entitled to be paid the justified amount of the journey in the means of transport which has been authorised by the undertaking.

CHAPTER VII

Sanctioning Regime

Article 41. General disposition.

Labor faults are considered to be those set forth in this Chapter. The actions or omissions that assume the failure or ignorance of the duties of any kind imposed by the laws in force and, in particular, by the present Collective Agreement are considered to be faults.

Labor faults will be divided into mild, severe, and very serious.

Article 42. Minor fouls.

They will be considered minor faults:

1. A lack of punctuality within a month, without justification.

2. Missing work one day per month, without cause for justification.

3. Absent from the job once in a period of one month, without justification.

4. Failure to deliver the relevant supporting evidence within 24 hours, where the lack of punctuality or absence is due to justified reasons.

5. Do not contribute within two days of the part of Temporary Incapacity issued by the competent body, be it the part of the discharge, confirmation or discharge. If it has any effect on such conduct, it shall be deemed to be very serious.

6. Do not sign one to two days on the clock control clock or equivalent system arranged at the turn or exit in the 30 calendar day period, as long as the presence control system is used in the company.

7. Do not communicate to the Company the change of address or telephone for the purposes of notifications, as well as the family situation for the purposes of IRPF.

8. The lack of grooming and personal cleanliness when it is such that it affects the production process or the image of the Company.

9. The unauthorized use and personal character of the company's tools, outside of the working day, for particular or non-work purposes. All IT services will have the consideration of tools.

10. They are neglected in the preservation of the material which they hold or are responsible for and which produce minor ones therein.

11. Keep food in the lockers of the changing rooms, in the job or, in general, in the areas not authorized. When such conduct is repeated in the one month period, the second occasion will be severe.

12. The use of the mobile phone in the job. When such conduct is repeated in the one month period, the second occasion will be severe.

13. Distract colleagues during working time.

14. Extend justified absences or delays for longer than necessary.

15. Do not perform due diligence on the work, when such behavior does not result in injury to the production process, the Company or the partners.

Article 43. Serious fouls.

Serious faults will be considered:

1. Two to six fouls of punctuality in a month, without justified cause.

2. Missing two days of work in a month, without cause to justify it.

3. Absent from the job from two to six times in a period of one month, without cause for justification.

4. Do not contribute within five days of the part of Temporary Incapacity issued by the competent body, be it the part of the discharge, confirmation or discharge. If it has any effect on such conduct, it shall be deemed to be very serious.

5. Do not sign three to five days on the clock control clock or equivalent system arranged at the turn entry or exit in the 30 calendar day period, as long as the presence control system is used in the company.

6. The abandonment of the job without authorization, when it does not cause damage to the production process, to the Company or to the companions.

7. Failure to comply with the orders or non-compliance with the rules on the prevention of occupational risks, quality standards, food safety or any other rules, instructions or procedures shall apply to the undertaking, where the No risk is derived from the partners, the production process or the Company.

8. Mild or sporadic disobedience.

9. Any alteration or falsification of personal or work data relating to the worker himself or his colleagues. This paragraph shall be understood as being signed by a partner on one occasion. If such conduct is incurred for the second time, in that case, it shall be deemed to be very serious. The lack will be extensive both to the supplant and to the supplanted.

10. Negligence or recklessness in the development of the activity entrusted to it, when it is derived from a risk to the companions, the production process or the Company.

11. Give yourself to games or distractions or particular jobs in the Company and during the working time.

12. Do not immediately warn the superior of any anomalies or situations of obvious risk that are appreciated at the premises or premises.

13. To introduce or facilitate access to the job to unauthorised persons, where such conduct does not result in any injury to the Company.

14. Negligence in the preservation of the material or tools in his or her capacity, when serious deterioration of the material or tools.

15. The unauthorized use and personal character of the company's tools, within the working day, for particular or non-work purposes. All IT services will have the consideration of tools.

16. The malicious or inexcusable issuance of news or false information concerning the Company or the workplace.

17. The altercations within the Company's dependencies, as long as they are not considered very serious.

18. The lack of respect repeated to the companions, superiors or third persons other than the Company, provided that they are produced on the occasion of the work.

19. The abuse of authority exercised by those who perform command functions.

20. The use of workwear outside the premises of the Company.

21. The recidivism in a slight lack, even if it is of different nature, in the period of sixty days, as long as it has been sanctioned by the Company.

Article 44. Very serious fouls.

Very serious faults will be considered:

1. More than six non-justified punctuality offences committed over a period of three months, or 12 in a period of six months.

2. Missing work three or more days per month, without cause to justify it.

3. Absent from the job, in an unjustified manner, more than six times over a period of three months; or 12 in a period of six months.

4. Leaving the job when it causes damage to the production process, to the Company or to the partners.

5. Fraud, disloyalty or abuse of trust in the work, management or activity entrusted to you; as well as theft, theft, both to your colleagues and to the Company, or to any person who is within the workplace, or outside the on the occasion of the work activity.

6. To distort the company's data or the production process, as well as the malicious concealment of the errors and errors that originated or could cause injury to the company, even if it does not materialize.

7. Violate the secrecy of the correspondence or reserved documents of the company or the workers.

8. Disclose or remove private documentation from the company for personal use.

9. The transgression of good contractual faith.

10. The simulation of disease or accident and/or the prolongation of the disease or accident discharge.

11. Smoking in the company's facilities, even if it is outdoors.

12. Carry tobacco or psychotropic substances, eat, chew or drink (with the exception of the use of water sources installed for this purpose) outside the premises of the cafeteria or places enabled in the company to eat.

13. Spitting or performing similar unhygienic practices at the job.

14. Cough, sneeze, nose, or sound without keeping enough distance with the product.

15. Bring illegal objects to the job.

16. To make disappear, to disable, to destroy or to cause damage voluntarily and intentionally in any material, tools, installations, buildings, apparatuses, beings, documents, vehicles of the company, the center of work or the colleagues.

17. To provide reserved data or Company information to persons other than the Company, without proper authorization.

18. Negligence or recklessness in the development of the activity entrusted to it, when it is caused by damage to the companions, the production process or the Company.

19. Failure to comply with orders or non-compliance with the rules on the prevention of occupational risks, quality standards, food safety or any other rules, instructions or procedures shall apply to the undertaking when it is risk to colleagues, the production process or the Company, or the cause of a work accident, even of a minor nature, or could have affected the production or the quality of the product.

20. Failure to comply with the rules and instructions on food safety. When it is reiterated, aware, or causes injury to the Company, it may be punished to the maximum extent, even if it is the first time such conduct is incurred.

21. Failure to comply with rules that could cause the company, workers, customers or suppliers or their suppliers to be responsible.

22. Failure to comply with obligations arising from the Organic Law on Data Protection.

23. Serious or persistent disobedience. The situation of drunkenness or to be found under the effects of drugs or analogous substances, even occasionally, in the premises of the Company or work centre, or outside of them during the development of the work activity, where it does not cause injury to the Company or to the production process, it shall constitute a serious disobedience where such conduct is expressly prohibited in the rules, instructions or procedures of the Company's work for reasons of prevention of occupational risks.

24. Serious altercations, ill-treatment of words or work, threats or misconduct of serious respect to colleagues, superiors or third parties other than the Company, provided that they occur on the occasion of the work.

25. The voluntary and continuous decrease in the normal performance of the job.

26. Acts carried out in or outside the Enterprise or work centre for the purpose of the activity, which are considered to be a fault or offence.

27. To introduce or facilitate access to the job to unauthorised persons, where such behaviour is detrimental to the Company.

28. Sexual, moral or sexual harassment, understanding the same in the terms laid down by the Law of Equality and related provisions. If a hierarchical position is prevalise such a circumstance will be an aggravating factor.

29. Obstructing or hindering or not cooperating in the investigation of facts that may lead to work violations or to generate responsibilities for the company, its workers, customers or suppliers.

30. Do not use the work clothes provided, as well as the necessary elements (gloves, caps, etc.) for the protection of safety and hygiene at work and food.

31. All those covered by Article 54 of the Staff Regulations, or in the precept that comes to replace him.

32. The recidivism in serious misconduct, even if it is of a different nature, in a period of six months, provided that it has been sanctioned by the Company.

Article 45. Penalties.

The work offences listed in this Convention shall be punishable:

1. The mild:

a. Verbal admonition.

b. Admonition in writing.

c. Suspension of employment and pay of one day.

2. The graves:

a. Suspension of employment and salary from 2 to 15 days.

b. Loss of age for appeal, taking the last place in each of the specialties for up to three years.

3. The very serious ones:

a. Suspension of employment and salary from 16 to 60 days.

b. Loss of seniority for the purpose of appeal, taking the last place in each of the specialties in which it is integrated.

c. Dismissal.

Article 46. Prescription.

Labor faults will prescribe:

1. The mild ones: ten days from the time the Company became aware of its existence.

2. The graves: at twenty days from the time the Company became aware of its existence.

3. The very serious: at sixty days from the moment the Company became aware of its existence.

In any case, the faults will be prescribed within six months of your commission, regardless of its severity.

Article 47. Research.

The company, for the clarification of those facts that could be constitutive of work faults or will involve responsibilities for the same, the workers, the customers or the suppliers, will be able to develop The Court of Inquiry considers that it is appropriate and proportionate, with respect to the legality and fundamental rights of those involved.

Workers will have an obligation to cooperate in the aforementioned research tasks.

Article 48. Enforcement of sanctions.

All the penalties imposed will be enforceable since they are issued, without prejudice to the right to claim before the competent jurisdiction. However, the undertaking may, if it considers it appropriate, defer or delay the execution of the penalty for a period not exceeding 12 months, and if it is judicially challenged until the time when it acquires firmness, without prejudice to the time limit for the Challenge it to start computing from the time of your imposition.

Also, in the event that the worker was in temporary incapacity or had his employment contract suspended at the time he had to comply with the sanction imposed, when he is out of suspension of employment and salary or loss of order in the appeal, the enforcement of the sanction will be delayed until the end of the cause of suspension of the contract of work, passing the sanction from that moment.

Article 49. Procedure.

1. It is the responsibility of the Directorate of the undertaking or person to whom the power to impose the penalties deemed relevant for the failure to be committed shall be delegated.

2. There will be no need to instruct the case in cases of minor faults. The examination of cases for the imposition of penalties for serious or very serious misconduct will not be necessary either. In any event, the notification of the same shall be made in writing, detailing the fact that it is the fault and the nature of the sanction imposed, except in the verbal admonition.

If, in order to clarify the facts, the company decides to open the file for the imposition of sanctions, the interested party will have the right to formulate a statement of discharge, interrupting the period of the limitation period.

Additionally, if to clarify the facts the company decided to open a period of investigation that could be frustrated or undermined in any way by the presence of the worker, the company could suspend the obligation to go to your job, without pay, for as long as it is considered reasonable for the above effects.

3. In cases where a penalty is imposed for a serious or very serious failure of the legal representatives of the employees who are in the performance of their posts, the opening of a file, which shall be in accordance with the following conditions, shall be required. rules:

(a) The company shall notify the worker of the opening of the file, simultaneously communicating the statement of objections containing the facts on which the file is based.

(b) A Registrar and an instructor shall be appointed by the undertaking in the same opening letter of the file.

(c) The instructor shall forward the written statement to the person concerned so that, within five days, he shall expose the allegations and propose the practice of the evidence which he considers relevant. It shall also be notified to the legal representation of the employees so that, within five days, it shall make any such claims as it deems appropriate.

(d) Finished opening the file, the company shall notify the worker, in writing, of the penalty imposed, the date from which it takes effect and the facts in which it is founded.

CHAPTER VIII

Security and Health

Article 50. General rule.

The parties to this Convention are aware of the need to carry out an operational policy in the prevention of occupational risks, to take the necessary measures to eliminate the risk and accident in enterprises, the promotion of information to workers, the training of workers and especially their representatives.

Similarly, the signatories consider it particularly important for workers to be particularly sensitive to the strict compliance with their obligations on the prevention of occupational risks, as an obligation and responsibility inherent in the exercise of their profession.

The contracting parties to this Convention undertake to ensure compliance with the relevant Safety and Health Regulations at work, and regulations that develop it.

Workers will be required to observe safety and hygiene laws and regulations in their workplace.

Article 50.a. Preventive plan on alcohol and drug use.

In the framework of prevention of drug dependence, both parties undertake to carry out actions through a process of negotiation and agreement that will be translated in writing.

These actions will have the objectives of health and safety and will be given with the participation and cooperation of the Directorate, the trade unions, the Prevention Service and the workers. They will be protocolised and will be aimed at reducing the causes and consequences of the consumption of alcohol and drugs in the company, both from a preventive point of view and from assistance to the affected workers.

These actions, from a preventive, care and reinsertion point of view, pursue the following objectives:

• Promote health by preventing the use of alcohol and drugs.

• Foster the collaboration and responsibility of the entire labor collective in the fulfillment of this preventive action.

• Provide information and support for treatment of workers with problems.

• Prevent and reduce work accidents and absenteeism.

• Improve productivity, quality of work, and labor relations.

Article 51. Health surveillance.

The company will guarantee workers at their service, periodic monitoring of their health status based on the risks inherent in the work, to those who give their consent to undergo a medical review. by the company's own or non-proprietary medical services. This voluntary nature will only be exempted, after the workers ' representatives have been informed, of the cases in which the conduct of the surveys is essential for assessing the effects of the working conditions on the health or to verify whether the health of the worker is likely to constitute a danger to the worker, to other workers or to other persons connected with the undertaking, or to assess the suitability of the worker for his or her activity professional, or where it is established in a legal provision in relation to the protection of specific risks and activities of particular hazard.

Article 52. Staff hygiene.

Staff who have direct contact or are involved in the preparation and handling of food products shall strictly observe all hygienic and sanitary measures, as well as established or established food safety. application to the company.

Such rules and instructions will constitute labour obligations, whose failure to comply with workers could be subject to disciplinary action.

The company will determine the rules to be observed by all persons who, without direct contact, access the premises where the manufacturing functions are performed.

It will also be taken into account that the hygiene measures of the staff will be in line with the provisions of the Law on the Prevention of Occupational Risks, Standards of Development and Food Safety Provisions.

Article 53. Special garments for work.

In those cases where it is necessary, in attention to the characteristics of the job, the Company will provide the workers with the necessary garments for the performance of their duties, with due control over their delivery and use.

The designation of the garments will be the competence and faculty of the company, who will determine them in a discretionary manner in order to meet the needs of the position.

The preservation, cleaning and grooming of such garments shall be the responsibility of the workers and shall be considered to be useful to the Company.

Workers shall have an obligation to wear such garments during working hours, when so determined by the Company, and in consideration of the activity carried out, being expressly prohibited from use outside the facilities of the same.

Garments that have the consideration of Individual Protective Equipment (EPIs) will be provided and replenished to the extent necessary, with due control over their delivery and utilization.

CHAPTER IX

From the representation of workers

Article 54. Union rights.

Companies will respect the right of all workers to be freely stated, they will admit that workers affiliated with a union can hold meetings, collect quotas and distribute union information out of hours. and without disturbing the normal activity of the companies, they will not be able to hold the employment of a worker to the conditions that they do not take hold or renounce to their union affiliation and also not to dismiss a worker or to hurt him of any other form because of their membership or trade union activity. Trade Unions may send information to all undertakings in which they have membership in order for it to be distributed, outside the working hours and without, in any event, the exercise of such a practice to disrupt development. of the production process. In the workplace with legal representation of workers there shall be notice boards in which the duly established trade unions may insert communications, for which they shall direct copies thereof, in advance, to the Address of the company or owner of the centre.

Article 55. From the Trade Unions.

The Union that meets the requirements to have the right to a union delegate in the company or workplace, must accredit it before it in a fehaciente way, recognizing this, act followed by the Trade Union Delegate Union representative for legal purposes.

The representation of the union will be held by a trade union delegate in those job centers with staff who exceed 150 workers and have obtained at least 10 percent of the votes in the elections. union.

The Trade Union Delegate must be an active worker of the respective companies and appoint according to the Statutes of the Central or Union to whom it represents. He will be a member of the Enterprise Committee.

Article 56. Functions of the Trade Union Delegate.

1. Represent and defend the interests of the Union to whom it represents and of the members of the Union in the Company, as well as to serve as an instrument of communication between its Trade Union Center or Union and the Directorate of the respective companies.

2. They shall have access to the same information and documentation as the company must make available to the Committee of Enterprise, in accordance with the provisions of the Law, being obliged to keep professional secrecy in the matters in which they are legally proceed. It will hold the same guarantees and rights as recognized by the Law and this Collective Agreement to the members of the Staff Committee and Delegates.

3. They will be heard by the company in the treatment of those problems of a collective nature that affect the workers in general and the members of the union they represent.

4. They shall also be informed and heard by the undertaking on the basis of:

a) About layoffs and penalties that affect the union members representing, under the same conditions as a legal representative of the workers.

(b) In the case of collective measures affecting workers in general and those affiliated to their trade union in particular.

5. They will be able to collect fees from their affiliates, distribute union propaganda and hold meetings with them, all outside of effective working hours.

6. In the case of meetings, both parties, as regards the procedure, will adjust their conduct to the current legal regulations.

7. Delegates will have their tasks to perform the functions that are of their own.

Article 57. Union quota.

At the request of the workers affiliated to the Central Trade Unions with presence in the center of work, the companies will discount on the monthly payroll of the workers the amount of the corresponding union quota. The worker concerned in carrying out such an operation shall forward to the management of the undertaking a letter in which he shall clearly express the order of discount, the Central or the Union to which he belongs, the amount of the quota, and the number of the Savings bank account or cash account to which the corresponding amount must be transferred. The undertakings shall carry out the following measures, unless otherwise indicated by the person concerned.

Article 58. Accumulation of hours.

Staff Delegates and members of the Business Committee shall have the credit of paid monthly hours that the Law determines.

With regard to the possible accumulation of paid monthly hours, the unit representatives and trade union delegates of the same trade union centre may give them up to 100 per 100 of which each corresponds, to a representative of his own Trade Union Central.

The hours referred to a year may be exceeded, warning the Company's Address one month in advance, at least, to the date of the transfer.

When in use of the trade union hours credit will be absent simultaneously half or more of the workers ' representatives will have to warn the company with a minimum of five calendar days in advance, except cause justified to prevent it.

Article 59. Intercentres Committee.

In companies that have more than one work centre, an Intercentres Committee, consisting of a maximum of 13 members, may be set up.

1. The proportionality of the trade unions or electoral groups shall be preserved in the constitution of the same constitution, according to the electoral results considered overall.

2. Their functions will be those recognized by the works councils in those matters that affect the generality of the job centers of each company.

3. This committee shall meet with the representatives of the company once a year, at least, with a view to the timing and agenda of those meetings by mutual agreement. The costs incurred for the annual holding of a meeting shall be borne by the management of the undertaking.

4. No, the meetings with the management of the company will not be counted as a credit union schedule.

Article 60. Anti-union practices.

Regarding the assumptions of practices that, in the opinion of some of the parties, may qualify as anti-union members will be within the provisions of the Law.

Article 61. Reference to rules.

For anything not expressly stated in the above articles of the trade union action, they will be in the provisions of the Workers ' Statute and the Organic Law on Freedom of Association.

CHAPTER X

Equal opportunities

Article 62. Equality measures.

The signatories to this Collective Agreement declare their willingness to respect the principle of equal treatment in work for all purposes, not by admitting discrimination for the reasons stipulated in the laws or, in by reason of sex.

In particular, companies undertake to safeguard compliance with the principles of equal opportunities for women and men in areas such as access to employment, professional promotion, stability in the workplace, employment, training and remuneration, as well as the provisions of the Organic Law 3/2007 of 22 March on the effective equality of women and men.

In the case of companies of more than 250 workers, equal opportunities measures between women and men should be directed towards the development and implementation of an equal plan, with the scope and content established. legal or regulatory, which must also be the subject of negotiation in the form specified in the labour law.

Article 63. Prevention of situations of sexual and sexual harassment and harassment on grounds of sex.

The dignity of the person, the free development of the personality, the physical and moral integrity, are fundamental rights enshrined in the Spanish Constitution and the Workers ' Statute, which demand respect for the the privacy and dignity of the worker, as well as their protection against verbal or physical offences of a sexual nature in the workplace.

Companies that fall within the scope of this Collective Agreement will demonstrate their commitment to maintaining positive work environments, preventing harassment and pursuing and solving cases that are produced in the labour market. To this end, Article 44 of the present Convention has been envisaged as very serious, in situations where there is a moral, sexual or sexual harassment.

In this sense, the following are the definitions for such concepts:

Sexual Harassment: It will be all conduct consisting of words, gestures, attitudes or concrete acts, developed in the field of work, that are addressed to another person with the intention of achieving a sexual response. desired by the victim. The work character is presumed to occur in the field of the organization of the company, as well as when the conduct is related to the conditions of employment, training or promotion at work.

Moral Harassment: It is understood as such the reiteration of aggressive and covert behaviors whose purpose is the destruction of the personality and stability of the victim by self-questioning of the esteem, with characteristics of persistence over time.

Harassment by reason of sex: Harassment is understood by reason of sex any behavior carried out within the scope of work towards a person according to their sex, with the purpose or the effect of attacking their dignity and create an intimidating, degrading or offensive environment.

In any case, the treatment of potential harassment situations that could be detected in companies will be carried out in a confidential manner, while respecting the privacy of the employee.

CHAPTER XI

Other Provisions

Additional disposition first. Adherence to the ASAC.

The parties agree to expressly submit to all of the stipulations contained in the existing text of the Agreement on the Autonomous Settlement of Labor Conflicts.

Additional provision second.

All collective agreements of companies, working center, business unit, group or plurality of companies, in force and published in the corresponding official bulletin prior to the signing of the First Collective Agreement for the Fourth Range, they will be maintained and will continue to apply in their own terms and conditions, thus having full application priority with respect to this convention, as well as those negotiating units integrated in the previous ones or those that will result from them application by tacit or individual or collective express accession, or involving a (a) a division of the same, and thus excluded from the application of this Convention. All this, without prejudice to their voluntary adherence between the parties to all or part of the content of this Convention.

ANNEX I

Pay tables 2016

GAMA IV Contract Wage Table

Group

GAMA Level IV

Salary Convention

1

1

19.035, 67

2

17.577, 79

3

17.577.79

4

16.007.34

5

14.762.61

6

14.207.82

7

10.887.70

Group.

1

16.800,90

2

15.954.62

3

14.857.00

4

14.745.65

14.207.82

6

14.207.82

7

10.887, 70

Maintenance Group.

1

15.954.62

2

14.857.00

3

14.745.65

4

14.207, 82