Key Benefits:
Within the professional group, the degree of requirements or performance of the functions performed by the worker at any time will determine the job and, therefore, the salary level that applies to it.
Functional mobility within the same professional group will not result in a reduction in the level of pay corresponding to the place of work of provenance.
Mobility, both for the performance of tasks belonging to a higher professional group, and for the performance of functions belonging to a lower professional group, shall be regulated in accordance with the provisions of the established in this respect in Article 39 of the Staff Regulations.
Where the undertaking considers it necessary for the worker to carry out work corresponding to a job of a higher nature, the latter shall, during the period in which he provides the same, receive the salary corresponding to that job. position.
Those who perform functions of a higher-nature job for a period of more than six months at least in the one-year period, or for eight months at least, over a period of two years, shall be entitled to the promotion to the job corresponding to the functions performed, and to receive the salary corresponding to that job.
Mobility, when it involves changes between specialized technical management and general service management, may be carried out whenever the new functions assigned are equivalent to those of origin, understood by the equivalence in the terms laid down in Article 22.3 of the Staff Regulations.
The functional mobility that takes place by mutual agreement between the parties, shall comply with the general provisions of this Convention and the applicable law.
Consequently, changes of functions other than those set out in the preceding paragraphs will require agreement of the parties or, failing that, the submission to the rules laid down for the substantial modifications of the working conditions, in accordance with the provisions of Article 41.1. (f) the Staff Regulations.
CHAPTER III
Professional classification
Article 10. Professional Classification. General Criteria.
The staff of the Administrative Management companies are classified into professional groups for the purposes of the functions that are developed in accordance with the definitions set out in the following articles.
The professional structure that is defined aims to achieve a rational and efficient organization of human resources.
Article 11. Professional Groups.
Staff within the scope of this convention are classified in the following professional groups:
Group I: Personal Titled. Group II: Administration. Group III: Services.
The classification of the different groups and jobs will be carried out according to the most representative basic tasks and functions developed by the workers, in conjunction with the assessment factors.
When the functional multipurpose or the performance of functions of two or more professional groups or of two or more jobs within the same professional group is agreed, the assimilation to one or another group or to one or the other The job will be performed according to the functions that are prevalent.
The factors that determine the classification in each of the professional groups are as follows:
a) Autonomy: It value the degree of hierarchical dependency in the performance of the functions or tasks that are developed.
b) Initiative: Value the level of job retention to guidelines and rules for the execution of the function that is developed.
c) Responsibility: Value the degree of influence on the results of the function developed.
d) Knowledge: Value the basic training required to be able to properly develop the function entrusted.
e) Complexity: Values the degree of integration of the aforementioned set of factors for the execution of the job's own functions.
Article 12. Characteristics of the professional groups.
An enunciative and non-limiting title are listed as functions or activities to be developed by the staff and will be as follows:
Group I. Personal Titled
Staff Entitled: This group consists of the workers who are in possession of the academic degree of higher or middle grade, and have a working relationship with the company because of the title they hold, to perform functions specific to the fact that such a title enables them or those tasks which are attributed to them provided that they provide their services exclusively in exchange for pay and without being subject to the usual scale of fees of their profession.
Group II. Administration
Coordinator/and/or Chief Administration: The functions of this job are performed by those who are directly responsible for management or management, with or without powers, with technical, theoretical and practical knowledge of all or a group of subjects that comprise the management of promoting, activating, requesting and carrying out management procedures, as well as of organization and administration in general, perform functions of responsibility and maximum trust in a dispatch or office, in relationship to the preparation of documents, statements, written requests, liquidations, both in the fiscal, labor, administrative or other fields in the competencies of the Public Administrations and the state and parastatal agencies and entities; being able to distribute, orient and direct these works to their subordinates. You can take care of the address of an area or section of the dispatch.
Officer/First: They perform the functions of this job who are acting on the orders of the professional holder of the office or who has the head, if any, with necessary theoretical and/or practical knowledge, carry out with the maximum correction, works that require initiative and responsibility, within the own matters of the management procedure, which will be carried out, both in the office of which it depends and in public or private centers in consonance with the functions described.
Officer/a second: The functions of this job are performed by those who with initiative and restricted responsibility and subordination in any case to the professional owner of the office or to whom the head office is, or to whom regularly performs functions of a hierarchically superior job, if any, carry out administrative procedures and work, which require secondary knowledge of the administrative technique, developing management tasks in the case of general government, which requires fundamental levels of productivity, efficiency, quality, and working conditions in the companies of the sector.
The achievement of these goals is made possible on the basis of the principles of good faith and diligence of companies and workers.
Work organisation systems and their modifications will be complemented, for their effectiveness, with appropriate training policies.
Article 9. Functional mobility.
The functional mobility within the undertaking shall be carried out in accordance with the provisions of this Convention, while respecting the legal status, guarantees and requirements laid down in the Staff Regulations.
Functional mobility within the same professional group will not be possible between radically different specialties, requiring complex adaptation processes, unless training is provided to the worker. IF), which are funded through bonuses to wage costs for time spent in training (up to a maximum of 200 hours) per employee per academic year or calendar year.
The parties undertake to promote and promote the number of PIF in the sector and during the duration of the agreement.
4. Other initiatives. Without prejudice to the foregoing and the initiatives taken by the undertaking in the field of training under the vocational training quota and the individual training permits, it may lay down the application of own resources. additional, depending on their needs and characteristics.
Workers ' rights and duties:
1. Workers shall be required to carry out all continuing vocational training measures which are necessary to ensure that their function is properly carried out, by attending monographic or generic courses, seminars on specific functions or of products, etc., which are necessary, the activities of which will be carried out during their working day.
2. The training time for each worker, except for those subject to employment contracts which specifically provides for it, shall be 20 hours within the annual calculation of the day set out in this General Convention, and shall be allocated to the carrying out training actions of interest to the professional performance entrusted or entrusted to it, as well as its projection in professional development.
3. These hours may be accumulated over a period of up to three years in cases where, for organisational or functional needs of the undertaking, they are not used annually or due to the circumstances of the employees. In addition, in the organisation of training activities, consideration should be given to the concurrent circumstances in workers.
4. In the case of days other than those covered by this Convention, the time spent on training shall be subject to the corresponding adaptations as to the second subparagraph, making them compatible with the functionality of the of the training action.
5. With similar criteria as set out in issue 2, appropriate adaptations shall be made in individual cases of reduced working time.
Workers shall be entitled to paid and unpaid leave, as well as to the day-to-day adaptations that are included in the standard for training activities or to attend official examinations.
Workers have the right to receive accreditations corresponding to the training activities performed according to the criteria established by the reference standard.
Workers will have an obligation to attend, take advantage of the training activities in which they participate and perform, when provided for, the required tests for obtaining the corresponding accreditation.
For the purposes of the procedures for accreditation of the experience in which the worker participates, the companies shall provide the persons concerned with the corresponding certificates in which the functions carried out are shown. time in the company.
Article 15. Sectoral Joint Training Committee.
1. A Sectoral Joint Committee on Continuing Training shall be set up in the field of this Convention, composed of two representatives of trade union representation and two representatives of the employer.
2. In addition to the functions which the Commission may legally or regulations correspond to, it shall also develop the following:
(a) To carry out studies of a prospective nature in relation to training needs in the Sector, or through specialised entities.
(b) To propose and implement in itself or with the collaboration of other companies, training actions in their various modalities and levels with programs that can be taught in the training centers of companies, or in others that may constitute, or through national programmes, developed by competent bodies.
c) Collaborate, with the funding that in their case may be available according to the previous article, by itself or through specialized entities, in the diagnosis and design of concrete training programs for companies that request, depending on their own needs and the characteristics of the workers concerned.
d) Monitoring, evaluation and support on an ongoing basis of the actions carried out in order to contrast orientations, promote other initiatives and update objectives.
e) Monitoring and evaluation of training contracts.
(f) Monitoring and monitoring of groups of enterprises for training purposes and of training institutions which, in the framework of vocational training initiatives aimed primarily at the occupation, develop training for workers in the sector.
g) Propose criteria for selecting training entities, beyond those legally established, in order to increase the effectiveness, efficiency and impact of training.
h) Propose and develop specific training programmes for members of joint training committees in the company and training delegates in relation to the vocational training system for employment.
3. Training in Business.
In all companies where there is a Business Training Plan, a Joint Training Commission will be set up which will deal with all the related subjects in training and the training plan. The Joint Committee shall have the composition and functions to be agreed by the parties.
In special cases, where the size of the undertaking or the complexity of the training actions is made necessary, the legal representation of the employees, in order to promote the dialogue in this field, may be entrusted to any of its members the performance of their own tasks related to vocational training.
CHAPTER V
Hiring
Article 16. Indefinite hiring.
To fulfill the commitment of the companies to promote the employment stability of the workers included in the personal scope of this agreement, the usual hiring modality in the sector to cover the Structural requirements for staff in each of the companies will be the indefinite contract, either full time or part time.
Article 17. Training and Learning Contract.
This type of contract can be formalized with those people who start in the work of the professional activity with the objective of acquiring the theoretical and practical training necessary for a complete training. job professional.
The training contract shall be governed by the provisions of the Staff Regulations and other implementing rules, with the following specifications:
The contract of work for training and learning may be concluded with workers aged between 16 and 25 who lack the professional qualification recognised by the system of education and training. vocational training for the employment or educational system required to conclude a contract in practice.
The duration of the contract may be six months up to two years. The trial period will be one month.
The r with the current regulations, to increase the participation of the social agents in the training directed to the sector.
The Sectoral Joint Committee will draw up, if it deems it necessary, additional criteria to those laid down by the current rule, with a view to selecting training entities for a better fit for needs. of the sector. In the same way, the criteria will be agreed for the monitoring of the clusters which are to be carried out in the sector for training purposes.
3. Individual Training Permissions (P heir work centre, will receive a diet of 13 euros, when they make a meal out and overnight at your home; and 25 euros, when you make the two meals outside, overnight at your home. Where the stay is outside the home, the undertaking shall bear the costs of accommodation, which shall in no case be higher than the three-star category, and the expenditure shall be justified by the corresponding invoice.
CHAPTER VIII
Permissions, licenses, and exceed
Article 27. Studies.
Staff who are studying for official academic or professional qualifications shall be entitled to the benefit of the paid leave required to attend examinations, with the obligation to present the supporting documents, as well as a preference to choose shift work if this is the scheme established in the company.
Article 28. Paid leave.
The staff affected by this Convention shall be entitled, upon notice and justification, to be absent from work, entitled to remuneration, for any of the reasons and for the following time:
a) In case of marriage 15 days, which may be cumulative to the holiday period. In addition to this permit, the stable partnerships of a couple which are constituted, as from the signing of this agreement, shall be entitled to this permit in accordance with the autonomous laws governing such situations.
b) Marriage of parents, siblings and children: one day that will be extended to 2, when the worker needs to carry out a displacement of more than 100 km from where he radiates the center of work.
c) Three days in cases of child birth, adoption, or family or preadoptive reception.
They will be expandable to five calendar days, when you need to make a displacement of more than 100 km from where you radiate the job center.
(d) Pregnant workers shall be entitled to leave for the time necessary for the carrying out of prenatal examinations and birth preparation techniques to be carried out within their working time.
e) Five days for the death of the spouse or related person with similar affective relationship, parents and children. Two days, expandable to four when it is necessary to carry out a displacement of more than 100 km from where it radiuses the center of work, by the passing of brothers, grandparents, grandchildren and in-laws.
(f) Three calendar days, which can be extended to four, when a displacement of more than 100 km is needed from where the centre of work, by illness or serious accident, in both cases with hospitalization, from the spouse or a person linked with a similar affective relationship, or from relatives to the second degree of consanguinity or affinity.
g) One day per usual home move.
h) For the time indispensable for the fulfilment of an inexcusable public and personal duty.
i) To the required permissions to attend exams.
j) By the provision of the monthly hours credit attributed to the legal representatives of the employees for the exercise of their representation functions.
k) Medical visits: the essential time. Except in cases of urgency, workers shall be required to provide the undertaking with a minimum of 24 hours in advance. In all cases, they must provide the supporting company with the business of the visit and the time spent.
l) For personal needs with prior notice: one day per year, which cannot be accumulated for the holidays, except for a pact against. Undertakings may exclude periods of maximum activity for the enjoyment of the day of free movement.
You will also enjoy another additional day of paid leave that will preferably be on December 24 or December 31. The date of your enjoyment will be set by the company for each person, being able to split the template into two or more for the purposes of not closing the company.
Article 29. Leave of absence to care for child and family care.
Workers shall be entitled to a period of leave of absence for the care of each child, either by nature or by adoption, for adoption purposes, or in the case of a permanent or a permanent seat. a preadoptive, to be counted from the date of birth, or, where appropriate, of the judicial or administrative decision. In the case of international adoption, the right was born at the time of the embassy notification. The excess referred to in this paragraph constitutes an individual right of the male or female workers. However, if two or more employees of the same undertaking generate that right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. Where a new deceased person is entitled to a new period of leave of absence, the start of the period shall end to the one where he is enjoying himself.
The duration of this type of excess may be for a maximum period of three years, which shall be computable for the purposes of seniority. During this time, the worker will be able to take advantage of the training programs established in the company, as if it were active.
Staff shall also be entitled to a period of leave of absence which may not exceed two years in order to care for the care of a family member up to the second degree of consanguinity or affinity for reasons of age, accident or the disease cannot be used by themselves and do not carry out any paid activity. When a new family member who is entitled to a new period of leave of absence starts the same period he will end the one who is enjoying himself.
The excess regulated in this article must always be requested in writing, at least 15 days in advance, in respect of the start date. The company must also reply in writing within the following five days.
The excess regulated in this article is not paid, but it does count for the purpose of seniority. At the end of the leave the return to work will be automatic to your job under the same conditions as before your enjoyment, provided that the excess does not exceed two years.
Article 30. Breaks and day reductions.
In the cases of child birth, adoption, adoption, or acceptance in accordance with Article 37.4 of the Workers ' Statute, for the nursing of the child until he or she is nine months old, workers shall be entitled to an hour of absence from work, which may be divided by their will into two fractions.
If you exercise this right, you may, also by your will, replace it either with a reduction of your working day in half an hour for the same purpose, or for a 15-day permit, which may be accumulated on the basis of your permission. maternity/paternity.
The duration of the permit, in any of its modalities of enjoyment, will be increased proportionally in the cases of childbirth, adoption or multiple acceptance.
This permit constitutes an individual right of workers, men or women, but may only be exercised by one of the parents in case both work, as set out in Article 37.4 of the ET.
In the cases of birth of premhe displacements which, as a result of the tasks which are ordered to the staff, and which must be performed outside the municipality where they radiate their working centre, will be paid by the company.
When workers use their own vehicle for such displacements, provided that prior authorisation has been received from the company to do so, they will receive compensation of € 0.19 per kilometre.
(b) Diets: Workers who, for the needs of businesses, have to move to a different population from that where they radiating t ticulo">Article 36. Penalties.
The maximum penalties that can be imposed on those who incur faults will be as follows:
For minor lack:
Admonishment in writing.
Suspension of employment and salary up to one day.
For severe missing:
Suspension of employment and salary of two to ten days.
For very bad:
At company choice:
Suspension of employment and salary from eleven to sixty days or dismissal.
All penalties imposed will be enforceable from the moment they are communicated to the sanctioned personnel, without prejudice to the right of this person to claim before the competent jurisdiction.
Article 37. Procedure.
It is up to the Directorate of the companies or person to whom you delegate, the power to impose sanctions.
1. The opening of a file shall be necessary in the case of serious or very serious sanctions imposed on workers who hold the post of legal representative of the trade union workers or delegates.
2. The Directorate of the Company shall communicate to the legal representation of the employees, the penalties for serious or very serious misconduct that are imposed on those who have the charges mentioned in the previous paragraph, making them know the right that assists, the person concerned and the organ of representation of the workers, to be heard. They shall also be communicated to the legal representation of the workers, those disciplinary proceedings whose motion for a resolution is dismissal.
3. Only in the case referred to in the preceding paragraphs, if, in order to clarify the facts, the instruction of a file is necessary, the file shall be initiated with the order of initiation adopted by the corresponding Head of the undertaking, who shall designate the The instructor of the same, who may not belong to that person or as an employer or as a worker. The instructor may practice as many tests as relevant and are eligible in law.
4. Any penalty shall be given in writing to the person concerned by the person, who shall acknowledge receipt of the communication. It shall clearly describe the acts constituting the fault, the date or dates of their commission, the graduation of the same and the sanction adopted by the company's management.
All penalties handed down by the company must be communicated to the legal representation of the workers.
Companies will record in the personal files of the workers the penalties imposed.
Cancellation:
The unfavourable annotations which, as a result of the sanctions imposed, could be recorded in the personal files are cancelled at the time of two months, four months and eighteen months, as you are in a mild, severe or very serious condition. This shall not mean the cancellation of a background for the purposes of the classification of faults by repeated or repeated.
Article 38. Prescription.
Minor faults will be prescribed at ten days, the serious ones at twenty days and the very serious ones at sixty days from the date on which the company's management has knowledge of its commission and in any case, at six months have been committed.
Such time-limits shall be interrupted by any act of the disciplinary file, provided that the duration of the disciplinary file as a whole does not exceed a period of one month from the opening of the statement of objections, without any fault of the person issued.
CHAPTER XI
Multiple Provisions
Article 39. Inapplication clause (neglect).
In accordance with Article 82.3 of the ET, when economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as provided for in Article 87 (1), a period of consultation may be carried out in accordance with the terms of Article 41.4 of the ET to inapply the working conditions laid down in the Convention to the undertaking. applicable collective, be it sector or enterprise, affecting the following subjects:
a) Workday.
b) Schedule and the distribution of the working time.
c) Shift work regime.
d) Pay and salary system.
e) The work and performance system.
f) Functions, when they exceed the limits intended for functional mobility.
g) Voluntary improvements to the protective action of Social Security.
It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.
It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of work of the staff or in the way of organizing production, and productive causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.
In the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the ET.
The application for application shall be initiated by the employer, who shall communicate it to the unitary and trade union representation or in his absence, to the committee of designated workers as provided for in Article 41.4 of the Staff Regulations. Workers.
The communication must be made in writing and the following documents shall be included:
Explanatory note to the economic, organizational or production reasons for the application, which shall include the economic and financial situation of the undertaking and/or the technical, organisational or production and the the maintenance of the job, with the relevant legal documentation. They shall also explain the general measures which they have provided for the viability of the undertaking and the maintenance of employment.
After a period of consultation of 15 days, the representations of the company and the workers shall adopt the appropriate resolution, which shall be communicated to the Joint Committee of this Convention for their constancy.
The implementation agreement must determine exactly the new working conditions applicable to the company and its duration, which may not be extended beyond the time when a new agreement is applicable in that company. company.
9. The theft and theft, both to the company, and to the companions, and to clients. Also, the distortion of data in order to obtain an economic benefit.
10. Leaving the job when responsibilities are performed.
11. The offences listed in the Staff Regulations which give rise to disciplinary dismissal, and which are not regarded as very serious in the previous numbers.