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Resolution Of 22 February 2017, Of The Directorate-General Of Employment, Which Is Recorded And Published The V General Collective Agreement Of State Level For The Sector Of Regulated Surface And Removing Parking And Vehicle Tank...

Original Language Title: Resolución de 22 de febrero de 2017, de la Dirección General de Empleo, por la que se registra y publica el V Convenio colectivo general de ámbito estatal para el sector del estacionamiento regulado en superficie y retirada y depósito de vehículo...

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TEXT

Having regard to the text of the Fifth State General Collective Convention for the Area of Area-Regulated Parking and the Withdrawal and Deposit of Vehicles from the Public Road (Convention Code number 99012845012001), which was signed on 2 December 2016, by the Spanish Association of Parking and Garages (ASESGA), on behalf of the companies of the sector, and, of the other, by the trade union organizations State Federation of Services Mobility and Consumption of the General Workers ' Union (UGT) and the Federation of Citizenship Services Workers ' Commissions (CCOO), representing the workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text approved by Royal Legislative Decree 2/2015, of 23 October, and in Royal Decree 713/2010, of 28 May, on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First. To 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 Commission.

Second. Arrange for publication in the "Official State Gazette".

Madrid, February 22, 2017. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

V STATE-WIDE GENERAL COLLECTIVE AGREEMENT FOR THE AREA OF SURFACE-REGULATED PARKING AND THE REMOVAL AND DEPOSIT OF VEHICLES FROM THE PUBLIC ROAD

PRELIMINARY TITLE

CHAPTER FIRST

Article 1. Signatory parties.

These are parties to the present General Convention, by business, the Spanish Association of Parking and Garages (ASESGA) and by the workers, the State Federation of Mobility and Consumer Services. Union General of Workers (UGT) and the Federation of Services to the Citizenship of Workers ' Commissions (CCOO) recognizing each other's legitimacy to negotiate the present Convention.

Article 2. Effectiveness and Obligation Obligation.

This Convention is supported under Article 83.1 and 83.2 of the Royal Decree of Law 2/2015 of 23 October, approving the recast of the Staff Regulations, obliging companies and workers falling within their functional, personal and territorial scope.

Article 3. Structure of collective bargaining.

Under this Convention, the parties agree that as of the date of signature of this Convention, the structure of collective bargaining within its scope shall be defined in accordance with the following levels: substantive conventions, each of which has to fulfil a specific function:

1. General State-wide Collective Agreement for the Area of regulated parking on the surface and the removal and deposit of vehicles from the public road:

With a vocation for long-term regulatory permanence and stability for companies in the sector. Its content refers to the regulation of the general working conditions to be applied in all its scope and with the validity that in the convention itself is established.

2. Collective Agreements of Autonomous Community:

They will be periodic renewal and aim to develop the subjects of the autonomy negotiation scope or, if necessary, apply in each autonomous community the contents of the agreements of state level that can be to produce for the duration of this General Convention. Such agreements may, inter alia, cover the following:

a. The concrete application in its scope of interconfederal agreements.

b. The establishment of wage bands.

c. Any other matters that the parties agree to.

3. Collective agreements falling below those described in points 1 and 2.

The lower-level agreements described here will tend to be adapted to the provisions of the agreements at the state and regional level, as the latter will regulate the working conditions of the sector, in such a way that the same goes away, provided that there is an autonomous reference agreement, and the conventional negotiating map is reduced to two territorial areas: state and regional.

Article 4. Business coverage.

With the conventions specified in the previous article, the signatory parties consider sufficiently covered, within the statutory framework, the structure of the territorial collective bargaining within the scope of the Convention.

Article 5. Concurrency of conventions.

In accordance with the provisions of Article 84 of the Staff Regulations, the alleged concurrency between collective agreements of different fields shall be resolved by applying the principles listed in the Articles The following are derived.

Article 6. Hierarchy principle.

The concurrence between conventions of different scope shall be resolved in accordance with the provisions of Article 84 of the Staff Regulations and the provisions laid down in this General Convention.

Article 7. Principle of consistency.

Except for the exceptions provided for in Article 84 of the Workers ' Statute, agreements taken in the negotiation of a lower territorial scope that contradict the content of the established rules will not apply. in the top-scope conventions.

Article 8. Principle of territoriality.

The current convention will be applicable to the place of effective delivery of the services.

Article 9. Principle of complementarity.

In accordance with Article 83.2 of the Workers ' Statute, the undersigned organizations recognize the principle of complementarity of this General Convention with respect to those at the lower level.

Article 10. Distribution of materials at different levels of negotiation.

In accordance with the provisions of Article 84.2 of the Workers ' Statute at all times, the scheme for the distribution and coordination of negotiating powers between the different levels shall be applied in accordance with the following rules:

First. The following matters are reserved for the general government negotiation:

General conditions of entry into companies.

Modalities of hiring workers in the Company.

Test Periods.

Classification and professional categories.

General principles of management and delivery of work.

Minimum standards for geographic and functional mobility.

Professional training.

promotions.

Maximum effective work day.

Concepts and structure of economic perceptions, both wage and non-wage, as well as the minimum wage table by category.

Organs of representation of workers in the company.

Suspension and extinction of the employment relationship.

Fouls and penalties.

Minimum standards for occupational health and prevention of occupational risks.

Exceed.

Out-of-the-box conflict resolution procedure.

Chapter II: Subrogation of Staff.

Second. In the field of regional negotiations, the following shall be specified:

The binding content of the conventions.

Quantitative concrete of economic perceptions whose concepts and structure will be determined by higher-level negotiation

Annual holidays.

Licenses and permissions.

Any other matters not covered by the top-scope conventions.

Any other subjects expressly referred to by the higher-than-lower-scope conventions.

Article 11. Reserve material from the state level.

In compliance with the formal requirements laid down in Article 83.2 of the Workers ' Statute, and without prejudice to the provisions of Article 84.2 of the aforementioned text, it is stated that the matters listed in Article 10, the first rule of this Convention, as well as those which are reserved in the future for that area, may be the subject of negotiation in the areas below the State.

Article 12. Functional scope.

This General Convention is mandatory for all companies in the sector, whose main activity is the regulation of the limited parking of vehicles on the public road through time control and compliance with the arrangements for parking, control of the ORA, maintenance of parking meters and in general blue zones or any other complementary or ancillary activities and basic for the operation of the ORA, such as the withdrawal of vehicles in the blue zone where applicable; likewise, it shall apply to the withdrawal of the vehicles of the public road and/or immobilization thereof, and the removal of vehicles from the deposit, provided that they are managed either by municipal concession or by transfer by any lawful title, or by property.

Article 13. Personal scope.

This Convention is a minimum requirement for all undertakings included in the functional field referred to in the preceding Article and for persons providing their services in accordance with the provisions of this Convention, with the provision at all times of Article 84.2 of the Staff Regulations.

The management staff is excluded from the scope of this Convention. This staff is free to be appointed by the company. Their employment relationship shall be governed by their employment contract and, where appropriate, by the special rules applicable to them.

Article 14. Territorial scope.

This General Convention shall apply throughout the territory of the Spanish State, without prejudice to the provisions of Article 1.4 of the Staff Regulations.

Article 15. Material scope.

At all times, pursuant to Article 84.2 of the Workers ' Statute, this Convention regulates general working conditions in all areas of the preceding articles.

Also, it comprises and develops the matters reserved for the negotiation of the general state within the meaning of Article 10 of the present Convention.

Article 16. Temporary scope.

This Convention shall extend from 1 January 2013 to 31 December 2017 and shall enter into force on the day following that of its publication in the Official Gazette of the State (BOE). .

However, the foregoing the wage perceptions determined in this Convention shall be paid retroactively from 1 January 2013.

Article 17. Reporting procedure for revision of the Convention.

1. The denunciation of the Convention shall be made in writing by any of the parties to the Convention, at least two months before the end of its term.

2. The party making the complaint must communicate it to the other party, sending a copy for registration to the competent body of the public administration.

3. As long as no agreement is reached for a new Convention, the validity of the previous Convention will be maintained.

4. If no complaint is made, the Convention shall be tacitly extended for annual periods.

Article 18. More beneficial conditions.

With the entry into force of this Convention or any other at a lower level, the most beneficial conditions that the templates have recognized in a personal capacity by the companies will be respected.

Article 19. Binding to the entire.

1. Where the agreed conditions are all organic and indivisible, this Convention shall be null and void and shall be without effect in the event that the competent jurisdiction annuls or invalidates any of its covenants. If such an assumption is made, the signatory parties to this Convention undertake to meet within 10 days of the determination of the relevant resolution in order to resolve the problem raised. If, within 45 days of the date of the determination of the resolution in question, the signatory parties do not reach an agreement, they undertake to set the schedule of meetings for the renegotiation of the Convention as a whole.

2. The parties to the present collective agreement shall promote the inclusion of a binding clause to all agreements or agreements that may be made in the lower areas during the lifetime of the collective agreement.

Article 20. Joint Joint Committee.

Both negotiating parties agree to establish a Joint Commission of Interpretation and Follow-up to the implementation of this Convention.

This Joint Committee will be composed of six trade union representatives and six of the business organisation that is a signatory to it.

In the act of its constitution, the Joint Committee, in plenary session, will elect two members to perform secretarial work, one by business and one by trade union members.

In addition, the Commission may be interested in the services of persons who advise on an occasional or permanent basis on how many matters are of their competence, which will be freely designated by the parties.

The Commission will develop its own operating rules.

The agreements of the Commission shall require the favourable vote of the majority of the members of each of the parties, in the understanding that, if one of the parties were to attend one of their calls, they would not be Some of its members shall have six votes in attendance at the time of the vote on any of the questions.

The Commission will meet at least once every twelve months. Where it is required for the interpretation of lower areas, it shall meet within 15 days of being convened by either party.

The Commission will have the following functions:

a. The interpretation of the Collective Agreement, as well as monitoring and compliance with it.

b. To understand, in a prior and compulsory manner, the administrative and judicial way, in relation to collective conflicts that may be brought by those who are entitled to do so, with respect to the application and interpretation of the precepts arising from this agreement, without this being likely to lead to delays affecting the parties ' actions, so that between the entry of the intervention application and the relevant resolution will not be more than 15 days, since they have been overcome, the appropriate route shall be issued for the duration of that period. Decisions taken by the Commission in such conflicts shall have the same regulatory effectiveness as the provisions of this Convention.

c. It may draw up an annual report on the level of compliance with the convention, the difficulties arising in its application and interpretation, and those issues which the parties present in the Commission consider appropriate for a better development and implementation of the programme, including by recoding timely information to the people concerned.

d. The elaboration of recommendations or criteria for collective bargaining with a view to a rationalization of the same and a progressive extension of the business activity.

e. In accordance with Article 92.2 of the Staff Regulations, the Commission shall be responsible for issuing the prior report to the extent of the collective agreements.

f. Preparation of studies and reports enabling the signatory parties to reach an agreement to proceed with the progressive reduction of overtime and their replacement by new hires.

g. Carry out a follow-up work on objective redundancies.

h. How many other functions are derived from the provisions of this Convention, as well as the necessary adaptation to the legislative changes and/or improvements introduced by the interconfederal agreements and in particular regarding the adaptation and development of those that are achieved in the field of continuing training.

i. To rule on any discrepancies which may be submitted to it by either party in the event of disagreement over the period of consultation provided for in Article 82.3 of the Workers ' Statute and Article 75 of the collective agreement (procedure of inapplication and/or neglect of the convention).

On the other hand, the Joint Commission may request periodic reports from the signatory parties to this Convention or from other parties that may accede to it, as follows:

Analysis of the economic-social situation with specification of the subjects relating to employment policy and market, vocational training, investment, technological change, global levels of productivity, competitiveness and profitability of the Limited Vehicle Parking sector on the Public Road, as well as immediate and medium-term forecasts developed by a recognised entity, on an annual basis.

Report on the degree of application of the Collective Agreement, difficulties encountered, in the field of enterprise and proposal to overcome them. It shall be drawn up by the trade union federations and the recognised entity on an annual basis.

To be informed of the work, suggestions and studies carried out by the Joint Committee on Safety and Health at Work and the Environment.

Analysis of the evolution of employment on a quarterly basis, in the various sectors affected by the Convention, being able to attend the meetings representatives of the sectors concerned.

Review and follow-up of European Regulations and Directives that have an impact on the development of companies and sectors within the scope of this Convention.

Promote annually, in the sector, conferences, conferences, meetings, etc., on the issue of the Sector.

Also, at the request of any party entitled and affected by this agreement, the Joint Committee may carry out studies and proposals in relation to the updating, deletion and/or addition of new ones, if any professional categories to those laid down in this Collective Agreement.

The address of the Commission is constituted for all purposes, at the headquarters of ASESGA, sita at 28013 Madrid, plaza de Santo Domingo, 1, 1. º A.

For the purposes of notifications, the state offices of the trade unions that are signatories to this convention are also mentioned in Calle Ramírez Arellano, number 19, 3. th floor, 28043 Madrid, headquarters of CCOO (Road Sector); and in Avenida de America, 25, 8. th floor, 28002 Madrid, headquarters of UGT (Road Sector).

Article 21. Accession to the Interconffederal Agreement on Extracualsof Labour Conflicts.

When the Joint Joint Committee fails to reach agreement on the settlement of the conflicts to which it is subject, pursuant to the previous Article, the parties are obliged to take the route laid down in the Interconfederal Agreement. on the current Labor Conflict Extracuetal Solution (ASAC), agreement and regulation that the parties have ratified.

TITLE I

CHAPTER I

Income and trial period

Article 22. General conditions of admission.

In the newly created workplaces and establishments and in those where the facilities are expanded and new services are organized, new jobs will be covered that will be created, for free companies, in accordance with the rules of this general collective agreement.

On an equal basis, the persons of less-represented sex in the professional group or category concerned shall have a preference to be hired.

The recruitment will be in accordance with the existing general legal rules on placement and employment, in force at any given time, and in the specific ones listed below, committing the companies to the use of the different forms of employment contracts provided for in the law, in accordance with the purpose of each of the contracts.

All persons applying this agreement shall be presumed to be engaged for an indefinite period, unless they are subject to a temporary relationship for having subscribed to the company any form of employment contract of such a nature.

Article 23. Test period.

All work income will be carried out with a given test period, according to the following maximum scale:

Six months, for those who perform area, section or center head functions, as well as for those who perform undergraduate, diplomatic, or technical duties both in the middle or higher grade.

Two months, for other staff.

Contracts

Article 24. Contract mode.

A. The contract, as provided for in Article 15.1 (b) of the Staff Regulations.

A-1. The maximum duration of this contract shall be 12 months within a period of eighteen, in accordance with the conditions and circumstances set out in Article 15.1.b) of the ET.

A-2. Such a contract may be concluded to cover the staff's own holidays, circumstantial requirements of the market, accumulation of tasks or excess demand for services, even if it is the normal business of the undertaking.

B. The contract of interment governed by Article 15 (1) (c) of the Staff Regulations shall allow the replacement of the staff with the right to reserve the position of work and holidays of their own staff, in the cases provided for in Articles 37, 38, 40, 45 and 46 of the Staff Regulations.

Its duration will be determined by the incorporation of the replaced person that must be expressed and perfectly identified at the time of the signing of the contract.

C. Contract for a given work or service. For the purposes of Article 15.1 (a) of the Staff Regulations, without prejudice to other content or objects of this kind, they are generally identified as tasks or services with their own and sufficient substance, within the activity of the companies of this sector that could be covered with this contractual modality, the following: Temporary of congresses, parties, fairs and exhibitions, promotions and special sales of services and own products third parties. Specifying the work or service of the same.

D. Without prejudice to the obligation to respect the essential conditions which the legislation attributes to ETTs, in order to ensure the protection of workers from these entities, the proper functioning of the labour market within the sector itself and to prevent abuse and/or unfair competition, the companies affected by this agreement, will make known to the workers ' representatives the contracts of making available and the labor contracts of the workers affected within the maximum period of three days, in order to enable them to carry out the functions they are gives the legislation in this respect.

In addition, companies will ensure that temporary work companies ensure that the workers made available have the required training for the job performance, including in the professional or the one who usually requests the company for similar positions.

E. A person who is declared invalid by the relevant body of social security which prevents him from performing his or her professional status in the undertaking shall be obliged if there are vacancies in other professional categories within the company. of the undertaking, whose functions as a whole may be carried out by that person, and upon request of the undertaking within the maximum period of one year from the date on which there was a final decision of the said invalidity, to the award of the vacant to the worker who has applied for it, except in cases where there is a preference The previous reinstatement request has occurred in time with job reservation.

Related work contracts are merely an enunciative, so companies will at all times accommodate work contracts that subscribe to the modalities that correspond to their specific object and are adjust to the law in force at the time of their concertation.

CHAPTER II

Staff Subrogation

Article 25. Subrogation of staff.

In order to contribute to and guarantee the principle of stability in employment, the absorption of personnel between those who succeed, through any contractual modality, will take effect in the terms indicated in the present Convention.

Hereinafter, the term "contracts" encompasses, in a generic manner, any form of procurement, both public and private, and identifies a particular service or activity, partial or total, which is to be performed by a a particular company, company or other type of entity or natural person is any legal form they adopt.

In the case of termination, loss, termination, concession, redemption or reversal of a contract, as well as any other figure or modality that involves the replacement of entities, natural or legal persons, carry out the activity in question, the staff of the outgoing undertaking shall be assigned to the new undertaking or entity which is to carry out the service, in compliance with the rights and obligations which they enjoy in the company being replaced.

Staff subrogation will occur whenever any of the following assumptions are made:

1. Persons in active employment who carry out their work in the contract with a minimum age of the last three months prior to the first official call of the contest for the award of the "contracts", published in the medium that in each case corresponds to the modality of his employment contract, irrespective of the fact that he had worked in another contract prior to the said period.

2. Persons entitled to a job reserve, who at the time of the actual completion of the contract have a minimum age of three months prior to the first official call of the new tender for the award of the "hires", published in the medium that in each case corresponds, and are sick, crashed, in excess, vacation, leave, maternal rest, or analogous situations.

3. Persons with a contract of interinity who replace one of the workers referred to in the second paragraph, irrespective of their seniority and the duration of their contract.

4. Persons of new income who, due to the customer's demand, have joined the contract of services as a result of an extension that lasts in the next one, with an age of the last three months prior to the first Official call for the new tender for the award of the "contract", published in the medium that in each case corresponds.

5. Persons who replace, regardless of their contractual mode, others who retire within the last three months prior to the first official call of the new contest for the award of the "contracts", published in the middle that in each case corresponds.

All of the above assumptions must be credited and documented by the outgoing company to the incoming company, by means of the documents and deadlines set out in Article 29.

Those who would not have enjoyed their statutory holidays when the subrogation took place, will enjoy them with the new award of the service, in the proportional part of the period to which they correspond, since the payment of the another period corresponds to the previous successful tenderer, who must make it in the relevant liquidation.

The application of this article will be enforced for the parties to which it links: a company or a ceasing entity, and a successor in the activity and worker.

Article 26. Division of contracts.

In the event that on the occasion of a tender or in any form of procurement, the object and scope of a contract is divided into several lots or activities with their respective independent contracts, they shall pass to be attached to the new holder such staff who have completed their work in the outgoing undertaking in the specific parts, areas or services resulting from the division produced, with a minimum period of the last three months preceding the first official call of the new contest for the award of the "hires", published in the the average in each case, regardless of the type of employment contract, and all of this even if they had previously worked in other areas, contracts or services.

They shall also be subrogated in cases 2 to 5 of Article 25, both inclusive, and have carried out their work in the resulting zones, divisions or services.

Article 27. Pool of contracts.

In the event that different contracts, services, zones or divisions of those are grouped into one or more, the subrogation of the personnel will operate with respect to all those persons who, regardless of their modality of work, have carried out their work in which they have been grouped together with a minimum of time of the last three months preceding the first official call for the new tender for the award of the "contract", published in the medium in each case (a) corresponds to, and all of this, even if they had previously served in the various contracts, zones or services.

Also to be subrogated in cases 2 to 5, inclusive, of Article 25, and who have provided their services in the contracts, divisions or services grouped together.

Article 28. Enforcement.

The subrogation of the personnel, as well as the documents to be provided, will operate in all cases of replacement of contracts, parts, zones, or services resulting from the fragmentation or division of the same, as well as in the groupings which may be made, even in the case of normal substitutions which occur between undertakings or entities carrying out the activities of the relevant services.

In any case, the subrogation of personnel will necessarily take place on the terms indicated, regardless of the application, if any, of the provisions of Article 44 of the Workers ' Statute, and the existence on the part of the outgoing employer of other non-member contracts to which it is the subject of succession.

Article 29. Documents to be provided by the outgoing company to the incoming.

The outgoing company must provide the incoming company with the documents listed below with at least 15 working days in advance of the date of the start of the business of the incoming company, with the exception of the The contract documents shall set time-limits for the delivery of different documents or the service owner shall inform the outgoing person of the specific cessation of his or her activity in terms of shorter time than those laid down.

Certificate from the competent body to be current for payment in Social Security.

Photocopy of the last six wages receipts of the affected workers.

Photocopy of TC1 and TC2 for Social Security contributions of the last six months.

Staff relationship specifying: name and surname, number of affiliation to Social Security, seniority, professional category, day, time, method of hiring and date of enjoyment of your vacation. In the event that a legal representative of the workers has been among the persons concerned, the mandate of the workers shall be specified.

Conventions, covenants, or internal application agreements to the template to be subrogated.

Photocopy of staff work contracts affected by surrogacy.

Copy of documents duly completed by each person concerned, stating that the person concerned has received from the outgoing company its liquidation of proportional parts, with no amount outstanding. This document must be in the possession of the new adjudicatorate at the date of commencement of the service of the new holder.

CHAPTER III

Professional classification

Article 30. Professional classification.

The professional classification of the staff entered in the present General Collective Agreement is merely indicative and does not imply that all the professional groups and within them the divisions have to be planned organic and functional, nor that they have to be provided if the needs and volume of the companies do not require it.

However, all the professional categories in the work centres of the companies affected by this agreement must be covered by some of the above mentioned in the lower-level agreements. reclassify according to the categories set out here.

Article 31. Professional groups.

The personnel included in the scope of this Collective General Agreement are structured on the basis of the following professional groups, in focus on the primary functions they perform:

a. Support group.

b. Operating Group.

The framing of the staff included in the scope of this General Convention within this professional structure and, therefore, the assignment to each of them of a given professional group, as well as of a Organic or functional division will be the result of the joint weighting of the following factors: knowledge, experience, initiative, autonomy, responsibility, command and complexity.

Article 32. Definition of the Support Group.

The staff surveyed in this group are in turn functionally divided into the following categories:

1. Head of Area (Services). Under the instructions of the Directorate, it bears the responsibility of the organization, management and operation of the different departments or departments in which the company is structured giving orders to the staff in charge that require such departments or services.

2. Graduate/Senior Degree. It is the person who is in possession of a Title issued by a Higher Technical School or University Faculty, who, with direct responsibility, exercises the functions of his profession, regardless of whether he or she has a staff subordinate and perform or do not, as usual, directives.

3. Head of Section. It is who at the orders of its immediate superior is in charge of the organization management and management of one or more of the sections that make up the departments or services in which the company is structured, coordinating the work and the staff that of the depends.

4. Medium/Diplomat Technician. He is in possession of a degree of medium degree awarded by a technical school or university faculty, and under the guidelines of the management of the company and using the operational and computer resources assigned to him, he executes in a way the technical and specific functions of his/her profession. They may be assigned the responsibility of the organization, management and coordination of the personnel who depend on it.

5. Administrative Officer/a. It is the staff who are in charge and develop, with appropriate professional preparation, administrative tasks of the departments, services or sections of the administration of a company, exercising them with initiative and responsibility and that can or not to have staff under his supervision. You can also have assigned computer functions under the supervision and order of a superior.

6. Administrative Auxiliary. It is that personnel who perform elementary or low-complexity administrative operations and, in general, those functions that are fundamentally mechanical.

Among its functions will be to detect and solve operational problems such as operation or machine errors, to attend to telephone calls, to attend to clients or users facilitating all kinds of information and assistance, to attend to the internal messaging service, using the radio station and taking care of the transmission of messages received from the controllers (voz/data) to the final recipients and vice versa, carrying the maintenance of inventories as well as giving support to basic maintenance to guarantee the operation of the offices, guarantee the functioning of equipment as well as monitoring and control of contracted services or products purchased.

Article 33. Definition of the Task Force.

The staff surveyed in this group are in turn functionally divided into the following categories:

1. Head of Centre. It is who under the direction of management takes responsibility for the organisation and operation of the work centre as a whole, thus coordinating the whole of the existing services in the workplace.

2. Manager. It is who under the orders of the leadership of the center or higher staff is in charge of directing, directing the unit or section, distributing the works among the personnel under his responsibility.

You have responsibility for the work, discipline, safety and occupational health of the staff at your service and you must have sufficient knowledge to carry out the orders entrusted to you by your superior. It will draw up the table of the staff's service shifts to their orders, taking care of and supervising the relays, ensuring that at all times the absences of their staff for holidays, illnesses and any part of work can be met. report flagged by the company management.

Given the special responsibility of your function you may be required to be present in the workplace, by the Directorate or the representatives of the company, outside the usual time, in case of emergency and for the time Minimum requirement. If this is the case, the working hours of the following working days shall be reduced so that the weekly working hours shall not exceed 40 hours.

3. Inspector/a. It is the personnel who follow the instructions of the management of the company, or the immediate leadership, is responsible for the organization and operation of the controllers and groups, to which it may give the appropriate orders related to your job, and which you will be able to control on your route. It shall also carry out, where required for this purpose, reports or statistics on the controllers and all those tasks which are appropriate for the faithful performance of their duties.

4. Maintenance Technician/Maintenance. It is the personnel who in possession of the appropriate technical knowledge, and to the orders of the head/a service or their superior, has the responsibility of the organization, management and operation of the programming, maintenance, repair, cleaning, collection and counting of vending machines/retreaders of tickets, terminals and communication devices, as well as the preservation of all vertical and horizontal signage of the ORA zone.

Likewise, they will be responsible for the maintenance, maintenance and/or repair of the small incidents that arise in the installation, in the crane vehicles and in the load material of the same ones as long as they do not require knowledge that requires their repair by specialised professionals, taking care of them, if necessary, for the repair of them.

For organizational reasons due to the dimension of the work center, they will be responsible for the correct development of the work of the controllers or guards of the center/centers and will transmit instructions to the groups, depot administrative and deposit auxiliaries.

In case of an emergency, and for the minimum time indispensable it may be required its presence in the place of work, on the part of the Address, outside the usual time, but the time used must be compensated with time Equivalent rest within the current working week. For the performance of your work you will complete the work and/or reports that provide the company's management with that purpose. You will also be able to perform tasks that require maximum confidence and discretion under the orders and supervision of your boss.

5. Gruist. It is the personnel who have responsibility to carry out their own functions for the removal of vehicles from the public road with the vehicle crane assigned to it, having the corresponding permits to enable them to do so.

Among its functions will be the handling of the crane of transport, the loading and unloading of vehicles, working parts of its activity, gathering the necessary information in relation to the vehicles in violation to allow the designated authority to order the withdrawal through the appropriate technical means.

Likewise, it will provide service to the company in any other activity that is demanding and for which the use of the crane vehicle is necessary, as well as in those other works not defined here that are contemplated in the corresponding documents or municipal ordinance and are required by the city council for the good performance of the service.

Also, it is up to you to perform the necessary complementary tasks of maintenance for the proper operation, preservation, cleaning and/or conditioning of the vehicle, as well as any other material or tool of work that is assigned to you, immediately warning your superiors of the faults you detect.

6. Controller/a. It is the personnel who have initiative and responsibility, with the supervision of the manager or head/immediate superior, execute the functions established in the corresponding municipal ordinance, such as, the control of vehicles stationed in the regulated area, verification that the vehicle is or not in possession of a parking-enabling title, and when it has the vehicle if it complies with the agreed timetable and in the appropriate area. In the case where applicable, the corresponding notice of denunciation must be made. You must also check the proper functioning of the vending machines in the area you are assigned to.

You must also take care of the user by giving appropriate explanations about the operation of the vending machine and inform you of any questions related to the service.

For the performance of your function you will be able to have media by voz/data, laptop, or vehicle if necessary, occupying within your working day to carry out the necessary complementary tasks maintenance for proper operation and preservation of the same, giving notice to the superior in case of deficiencies or breakdowns.

7. Administrative/a Deposit. It is the personnel who under the supervision of the head/a service or its immediate superior, carries out the activities related to the reception and departure of vehicles, such as photocopy of crane parts analogous documents, download and archives of photos of crane, introduction of parts of computer work, taking charge of the collection of the corresponding fees and the collection of fines and control of the box, if so demanded by the City Council. It will also provide telephone and public attention to communications through the radio station or radio telephone. It shall organise the cranes and other vehicles of the undertaking for the proper operation of the service, having the corresponding permits to enable it. It shall organise, monitor, dispose and ensure the vehicles deposited. It will warn you of any anomaly detected in the service and you will be able to distribute the material needed for the service delivery (photographic camera, TPV, crane keys ...).

8. Auxiliary/Deposit Assistant. It is the personnel who are responsible for the hook and disengage of the crane as a group assistant.

In cases where the specification of the service to be provided provides for the use of leghs, they shall be responsible for their implementation and withdrawal, as well as for the collection of the corresponding fees.

Likewise, they will be able to be occupied in maintenance tasks that do not need technical qualification, as well as similar jobs without specification, such as painting, signage, masonry, carpentry, cleaning of machines the ORA, crane cleaning, under the direct supervision of the technician in charge of maintenance or its immediate superior.

Auxiliary to the group in the maintenance work for the proper operation, preservation, cleaning and/or conditioning of the vehicle and auxiliary elements that complement this one, as well as perform the tasks complementary to the correct operation and preservation of those delivered to them to perform their functions in particular, warning their superiors in case of deficiencies or breakdowns.

9. Conservation Assistant. It is the personnel who at the orders of their immediate superior perform functions of integral placement, maintenance and exterior cleaning of ticket dispensers, terminals, communication and conservation devices of all the vertical signs and horizontal of the entire regulated parking area, not having responsibility for the organisation, management and operation of the programming. For the performance of your work you will complete the work and/or reports provided by the Company's Directorate for this purpose.

10. Cleaning staff. It is the staff in charge of the cleaning work of the facilities of the company's work centers.

CHAPTER IV

Organization of work and movibilities

Article 34. Organizational faculties of the job.

The organization of the work in the establishments, work centers or agencies of the companies is faculty of the Directorate of the same, according to the previewed legal and conventionally.

Article 35. Productive returns.

In accordance with Articles 5 (a) and 20.2 of the Staff Regulations, they shall perform their tasks or services in agreement with the undertakings in accordance with the principles of good faith and diligence applied to their jobs.

Companies will be able to implement the systems of measurement of the work and the levels of performance and productivity of the template that they consider suitable, in accordance with the objective methods internationally accepted, after negotiation with the representatives of the employees in the companies. In such cases, the template shall be adapted to objectively established productivity.

The work behaviour of the workers has the required requirement of a correct relationship with the client and the recipient of the service, therefore, any type of conduct or behavior that can be redungiven will be avoided. negatively on the continuity and satisfaction of the same.

Article 36. Functional mobility.

In order for workers to maintain effective occupation throughout their working time, the Directorate, on the merits of functional mobility, may award staff other tasks or functions in line with their group. professional, even if they are not within the category of the worker.

By reason of the same principle of mobility, companies may change the staff, at or within their usual working time, from the workplace when they are in the same municipality.

Unless the parties agree otherwise, the time spent on the posting will be considered as effective work, if it coincides with that of their usual day, and the expenses incurred by the offset.

Article 37. Geographical mobility due to gender-based violence.

The female victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, have the right to take another job, of the same professional group or equivalent category, to have the undertaking vacant in any other of its workplaces.

In such cases, the company will be obliged to communicate to the worker the vacancies existing at the time or those that could be produced in the future.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the worker.

Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

Article 38. Higher professional category jobs.

For a better organisation, companies will be able to direct employees to perform tasks and tasks of a higher professional category, from the same professional group.

The performance of tasks or tasks higher than those that are held, for a period of six months for one year or eight months for two for all staff, and eight months for one year or eleven months for two months for staff whose probationary period is six months, shall mean automatic ascent covering all the effects of the vacancy corresponding to such functions and tasks, unless such vacancy is as a result of a replacement by IT or excess.

The corresponding pay gap will be paid from day one.

Article 39. Lower professional category jobs.

If, for the purposes of the business, the company needs to assign a worker to tasks corresponding to a professional category lower than its own, it can only do so for the necessary time, In any event, the remuneration and other rights inherent in its professional category and, where applicable, the legal representation of workers in the undertaking shall be kept in the hands of the professional.

Article 40. Functional polyvalence.

There will be functional multipurpose when a worker performs a job that carries functions and duties of more than one professional category.

In such cases, it shall be for the professional category and remuneration whose functions are prevalent in relation to the other concurrent complementary functions in his or her job, irrespective of the fact that belong to professional categories other than yours.

CHAPTER V

Work promotion and promotion

Article 41. Promotions.

Regardless of the faculty of recruitment of new personnel, which in any case shall be carried out by the companies in accordance with the provisions of this General Convention, a double system of promotion is established professional within companies, namely:

a. By means of free designation of the company's management.

b. By contest/opposition or objective assessment of professional skills and merits.

On an equal basis, the persons of less-represented sex in the professional group or category concerned shall be preferred to be promoted.

In the lower areas of collective bargaining, it will be specified which system will be the application and both, so that professional groups and categories can be used one or another system. The composition of the Court of Auditors shall also be established, where appropriate by the call for a contest/opposition, which, without prejudice to the members indicated by the Directorate, shall always have the presence of a delegate or representative. of the staff.

It will be the ability of the representation of the workers to receive information of promotions and promotions that are carried out in the field of their company, as well as to be informed, with prior character, in case of convocation, of any contest/contest.

In the system of competition/opposition and in the objective assessment of the enterprises, in the preparation of the computer system or score, they will take into account the following objective circumstances: seniority of the worker in the company, appropriate qualifications and punctuation of the job, knowledge of the job to which it is intended, professional history and assessment of their professional activity, where appropriate, occasional performance of the group or category in question; and tests to be performed and their score.

The companies that are interested in this will be able to replace the contest/opposition and the objective evaluation by a system of evaluation of continuous professional training, followed by the appropriate courses of continuous training and occupational.

In any case, equal opportunity will be guaranteed for access to training courses when companies use the continuous assessment system.

Companies will not be able to condition the promotion of workers to ideological, sex, religion, race, political affiliation or trade union issues; equally, they will respect equal access to any job by part of the man and woman, without any discrimination, as well as temporary or temporary workers who have only the limitations which, by reason of the contractual arrangements, have been legally established.

Jobs to be filled by personnel whose professional exercise carries command and special confidence functions, from the professional category of Enladen/a, at any level of organizational structure of the companies, will be covered by the free designation system.

CHAPTER VI

Concepts and salary structure

Article 42. Salary concepts.

They will have the consideration of salary, the totality of economic perceptions, in money or in kind, received as a result of the professional provision of labor services, whether they pay back the effective work or the periods computer rest as work.

Article 43. Non-wage concepts.

Unless the legislation in force at any time provides otherwise, the amounts received and provided for in the Workers ' Statute in respect of compensation and/or compensation shall not be considered as salary. expenses incurred as a result of their work, as well as the benefits and allowances of the Social Security protective system and the compensation for transfers, suspensions, redundancies, contract and contract retirements.

Article 44. The salary: your credit and your accreditation.

The provision of equal value work should be paid with equal pay, without any discrimination.

The salary, unless otherwise indicated by Collective Agreement of lower scope or contract of employment, will always correspond to a dedication of the worker/to a normal productive activity and within the working day Normal. Therefore, whoever does not perform the day provided for in this General Collective Agreement, in an unjustified manner, will receive the salary proportionally to the actual and effective day that it develops.

The salary will be paid for months due, the last business day or at the latest within the first three days of the following month.

The staff may receive advances on account of the salary earned for the work done before the day comes for payment. In no case shall such advance be of an amount exceeding that of the net salary to be collected where appropriate.

The salary will necessarily be documented in a payroll sheet or perceptions that the company will deliver to the worker individually and as proof of the payment made. Similarly, unless the person concerned expresses his opposition to the measure, the undertakings may make the individual delivery of the document referred to by the appropriate telematic means.

This receipt shall be in accordance with the official model of the Ministry of Labour and Social Affairs, except as per Collective Agreement, or by computer organization of the company obtaining the corresponding authorization or by agreement between the company and the legal representatives of the employees has established another model, shall contain, with due clarity and separation, the different remuneration concepts that make up the salary of the worker, as well as the deductions that correspond.

Article 45. Structure of salary.

The salary structure will distinguish the base salary and salary supplements.

Base salary shall be considered as the part of the remuneration fixed per unit of time or work, depending on the professional classification.

Wage supplements shall be considered to be the amounts which, where appropriate, are to be added to the basic salary, fixed according to circumstances relating to the personal conditions of the worker, to the work carried out or to the the company's situation and/or results.

Salary supplements will necessarily be included in some or some of the following modes:

Of job: You will understand those supplements that you must perceive, if any, the worker/reason of the characteristics of the job or the way of carrying out your professional activity, that you behave A different approach to what would be the remuneration for your professional classification. These supplements are of a functional nature and their perception depends exclusively on the professional exercise in the assigned position. This group will include: currency bankruptcy, plus of languages, nocturnity, etc.

Of quality or quantity of work: The worker, if appropriate, for a better quality or a greater amount of work, whether or not they are linked to a system of pay or performance.

Of a personal nature: It will be those supplements that the worker perceives for some kind of personal connection or characteristic. In this group it would be included the gratification by seniority and they will have the consideration of consolidables.

In terms of absorption and compensation, the provisions of the Workers ' Statute will be in place.

Article 46. Plus collection.

The persons who are in any professional category of those provided for in this agreement, who do not have their duties assigned to the collection and perform this, will charge a plus for this concept that will be added to the salary. which corresponds to it and which shall be at least EUR 35.00 per month or, where appropriate, the proportional share which may correspond to it in the event of the sporadically performing function.

Article 47. Age.

The old-age complement will be governed by the following rules:

1. A non-cumulative percentage will be paid according to the following scale:

At three years old, 3% will be collected on the base salary.

At five years old, 5% will be collected on the base salary.

At ten years old, 10% will be collected on the base salary.

At fifteen years old, 15% will be collected on the base salary.

At twenty years old, 20% will be collected on the base salary.

At twenty-five years old, 25% will be collected on the base salary.

2. The payment shall be made on the monthly receipt of the month in which the age in question is satisfied.

3. Those who, at the entry into force of the present Convention, are in receipt of a supplement of seniority in excess of those resulting from this agreement, will continue to make the difference in their favour as a non-absorbable personal supplement and consolidable, updatable at the same percentage as the worker's base salary, bringing the remainder to the personal seniority supplement defined in this Convention, which will be subject to the same.

Any modification of this article by agreement between the parties may be agreed upon in the lower areas.

Article 48. Extraordinary rewards.

There are two extraordinary annual events, to which all workers in the sector will be entitled, who will be paid at the rate of 30 days of base salary plus seniority. Such payments shall be made effective in the months of June and December and shall be payable within the following periods:

June Pay: January 1 to June 30 and according to wages in force as of June 30.

Pay for December: 1 July to 31 December and in accordance with the wages in force in December of the current year.

Staff affected by lower-level Convention shall have their annual salary distributed in a larger number of extraordinary pages, shall keep the number of the same persons in receipt of the signature of this Convention. However, the different representations may agree that they are in conformity with the provisions of this Convention.

Article 49. Overtime.

These are the hours that are performed in excess of the contractually established day or, in any case, of which this General Collective Agreement establishes.

Extraordinary hours will be paid and/or offset in the way that it is agreed at a lower level.

Article 50. Minimum warranty wages by category.

prejudice to the provisions of Article 84.2 of the Workers ' Statute, for those territorial areas where there is no Collective Agreement or the Collective Agreement has become out of force, the for the undertakings to pay at least workers, on a full-time basis and not subject to training contracts, the minimum guarantee wage, which for each category is laid down in the tables of this convention.

Similarly, it is agreed to increase these salary tables from the previous year, in the following amounts:

Year 2013: 0.00%

Year 2014: 1.00%

Year 2015: 1.00%

Year 2016: 1.00%

Year 2017: 1.25%, except that the actual CPI for 2016 was higher than 1.75%, in which case the salary tables would be further increased by the percentage exceeding that amount, i.e. the initial 1.25% would increase the amount of the actual CPI from the fixed 1.75%.

Minimum Warranty Wages Table

Support Group

2013

-

Euros

2014

-

Euros

2015

-

Eur

2016

-

Euros

Chief of Area (Services)

16.975.93

17.145, 69

17.317.15

17,490.32

/Grade Top

17.585.32

17.761.17

17.938, 78

18.118.17

Chief

16.714, 76

16.881.91

17.050.73

17.221.23

/Diplomatic Technician

17.062.98

17.233, 61

17.405.95

17.580.01

Administrative

16.331.71

16,495.03

16.659.98

16.826.58

Administrative Auxiliary

12.483, 84

12.608.68

12.734.77

12.862.11

Center Manager

Repository Administrative

Operational Group

2013

2014

2015

2016

16.975, 93

17.145.69

17.317.15

17,490.32

Enloaded

16.331.71

16,495.03

16.659.98

16.826.58

Inspector

12.536.07

12.661.43

12,788.05

12.915.93

ORA Maintenance Technician

12.623, 12

12.749.35

12.876.84

13,005.61

Gruist

15.147.75

15.299, 23

15.452.22

15.606.74

Controller

12.637.88

12.764.26

12.891.90

13.020, 82

12.034.59

12.154.94

12.276.49

12.399.25

Auxiliary/Assistant Repository

11.748.83

11.866.32

11.984, 98

12.104.83

11.748.83

11.866.32

11.866.32

11.984.98

12.104.83

Staff

11.748.83

11.86, 32

11.984.98

12.104, 83

CHAPTER VII

Workday, vacation, permissions, and licenses

Article 51. Workday.

The maximum working day will be 1,731 hours per year for all the staff affected by this agreement, respecting in their case the lower days regulated in collective agreements in other areas.

Companies are empowered to organize the work according to the needs of the service, and can establish the corresponding shifts among the staff to ensure the service, from the zero to the twenty-four hours, during the three hundred and sixty-five days a year.

The daily working day can be continued or left, from Monday to Sunday, with the corresponding weekly and weekly breaks, in shifts of tomorrow, afternoon and evening when working 24 hours a day and with a minimum and maximum working hours per day; all in accordance with current regulations.

Given the special characteristics of the removal of vehicles from the public road, the personnel carrying out these functions, undertakes to conclude the services of loading and/or unloading of the vehicles and preparation of the documentation of the same ones that are initiated prior to the completion of the normal daily working day. The excess day will be compensated as an extraordinary hour.

Each year a specific work schedule will be established for each person or job in which the distribution of work days per year, schedule, breaks, holidays, holidays and shifts will be established. daily or weekly schedules. This work schedule must be published before the 31st of December of the year preceding its validity, unless otherwise agreed by the parties entitled to do so.

Article 52. Holidays and breaks.

The persons affected by this Collective Agreement will enjoy the public holidays that they legally correspond to within the meaning of their respective work schedule. In the event that they are unable to enjoy a certain day of holiday, they shall be compensated by another on a working day other than to enjoy at most the following two months and, preferably, after a break weekly, unless otherwise agreed.

The 12-hour daily and the 36-hour weekly rest period will be respected in the most beneficial conditions, and may be computed and accumulated in the terms of Article 37.1 of the Workers ' Statute. This means that such periods of rest are finally enjoyed. In any case, the daily rest period shall never be less than 12 hours with the exceptions laid down in the following

.

Article 53. Shift work and night work.

In those companies, establishments or work centers in which continuous day shifts are worked, with the rest of 15 minutes considered as effective work, the shifts will be tomorrow and/or late and/or night, that a certain number of staff will hold the same job, within a day, taking into account the rotation between the shifts and with the guarantee that no worker will remain on a voluntary basis, but will remain more than two weeks continued on the night shift.

In companies that have established shift systems, the worker is obliged to remain in his or her job until the arrival of the relay, with a maximum of one hour, calling the company to communicate the lack of relief. The time worked during the wait, will be compensated with the corresponding rest or paid as an extraordinary hour.

You will have a night time consideration that spans from 22 hours to 6 a.m. Those who provide their services at this time shall receive a plus equivalent to 25% of the basic/day salary, per day effectively worked or the proportional share of the salary on the basis of the hours.

In the case of people under the age of eighteen, they will not be able to be attached to the night shift or day, nor will they be able to perform overtime until the age of the age.

Article 54. Holidays.

The holidays will consist of thirty-one calendar days or their corresponding proportion. The calculation of the working year for the holiday calculation shall be from 1 January to 30 December of the calendar year in question.

They will be enjoyed throughout the year, guaranteeing 15 days between June 15 and September 15, unless otherwise agreed.

The management of the companies, on the merits of the organizational faculty of the work will propose to the representation of the workers, or in their defect to these, within the first trimester of the natural year that is treated, the distribution of the various holiday periods of the template.

In no case shall the annual holiday be economically compensable and its enjoyment shall lapse, unless the contrary is established between the parties, on the last day of each calendar year, except for the exceptions of the assumptions referred to. in the legislation states.

When the period of maternity leave coincides with the holiday period fixed in the working calendar, the enjoyment of the full amount of both rights will be guaranteed.

When the holiday period fixed in the company's holiday calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the contract (a) the right to enjoy the holiday on a date other than that of the temporary incapacity or to the enjoyment of the permit which, by application of that provision, is subject to the provisions of Articles 48 (4) and 48.7 of the Staff Regulations; corresponds, at the end of the period of suspension, even if the calendar year is over correspond.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph, which makes it impossible for the worker to enjoy them in whole or in part during the year natural to which the worker is entitled to do so once the incapacity has been completed, and provided that no more than 18 months have elapsed from the end of the year in which they originated.

Article 55. Permits and day reductions.

The persons affected by this General Collective Agreement, prior notice to the company and subsequent justification, may be absent or absent from work with the right to continue to maintain their remuneration as if they were servicing, only for any of the reasons and during the following periods:

a. Fifteen calendar days in case of marriage, not cumulative to the holiday period except express agreement between the parties.

b. One day per transfer from your usual address.

c. Two days for the birth of a child and for the death, accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest, relatives up to the second degree of consanguinity or affinity. Where the worker is required to make an offset outside his/her usual residence, the time limit shall be five days.

d. For the wedding of a first-degree family member and siblings one day.

e. Those holding a union representation shall be granted the time permit which is legally established.

f. In the case of child birth, adoption or acceptance in accordance with Article 45.1 (d) of the Staff Regulations, for the purposes of breastfeeding the child until he or she is nine months old, the workers shall be entitled to one hour of absence of work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases.

They may, by their will, substitute this right for a reduction of their working day in half an hour for the same purpose or accumulate in full days, being the maximum of weeks in which it will be possible to see increased this rest, two weeks uninterrupted, which will be added to those legally established by maternity and/or paternity.

This permit constitutes an individual right of workers, men or women, but may only be exercised by one parent in case both work.

In the case that the person who exercises the right extinguishes the contract of employment before the child is 9 months old, the company may deduct from the liquidation corresponding to the amount corresponding to the permits by Non-consolidated, early-enjoyed breastfeeding, which may have been accumulated to the legally established maternity suspension.

In the case of births of premature children or who, for any reason, are required to be hospitalized after delivery, the mother or father shall have the right to be absent from work for an hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary.

Pregnant workers will have the right to take care of work, with the right to pay for prenatal examinations and birth preparation techniques, prior notice to the employer and justification of the need of their realization within the working day. LPRL Article 26.5.

g. Those who, for reasons of legal guardian, have a direct care of a person under 12 years of age or a physical or mental diminished who does not carry out any other gainful activity, shall be entitled to a reduction in the daily working day with the reduction proportional to the salary or remuneration, at least one-eighth and not more than half the duration of the salary.

It will have the same right to care for the direct care of a family member, up to the second degree of consanguinity or affinity that, for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

The parent, adopter or welcoming of a preadoptive or permanent character, will be entitled to a reduction of the working day, with the proportional reduction of the salary of at least half the duration of the work, for the care, during hospitalization and continued treatment, of the child's child affected by cancer (malignant tumors, melanomas, and carcinomas), or any other serious illness, involving long-term hospital admission and requiring need for their direct, continuous and permanent care, accredited by the Service report Public Health or administrative body of the Autonomous Community concerned and, at most, until the child is 18 years of age.

The reduction of working time for family reasons is an individual right of men and women. However, if two or more persons of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

The time-frame and the determination of the nursing permit and the reduction of the working day, will be the responsibility of the worker or worker, within their ordinary day, who must prewarn the employer with 15 days of The date on which it will be incorporated into its ordinary day.

h. The hours of attendance at medical clinics, mutual centers and hospitals during the working day, provided that the worker is unable to attend outside of his working day.

This permit will be held by the worker for both his personal assistance and for the medical assistance of children under the age of 14 who live with him.

The person in question will not be able to make use of this right for a period of more than eighteen hours per year. Cases of assistance to medical centres which are determined by optional prescription are exempted from this limitation.

i. The worker victim of gender-based violence will be entitled, to make effective her protection or her right to comprehensive social assistance, to the reduction of the working day with a proportional reduction of the salary between at least one eighth and one not more than half the duration of the period or the rearrangement of working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of working time to be used in the enterprise.

Not to be computed as non-attendance, motivated by the physical or psychological situation derived from gender-based violence, accredited by the social services of health care or services, as appropriate.

The situations of violence that result in the recognition of the rights regulated in this Convention shall be credited with the protection order in favour of the victim. Exceptionally, it shall be the title of accreditation of this situation, the report of the Ministry of Public Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender-based violence until the protection order is issued.

For the purposes of this article, couples in fact legally accredited as such shall be equated with the sole exception of paragraph (a) of this article.

Article 56. Licenses.

Without prejudice to the provisions of Article 65 of this General Convention, companies that have their personal service to carry out duly approved official studies shall be obliged to grant up to five days of leave without pay, necessary to enable them to prepare examinations called by the centre concerned, on the grounds of the parties concerned to have the registration formalised.

This unpaid license is applicable to the worker's obtaining of the driving license.

In lower areas of conventional negotiation, new licensing scenarios may be established or implemented without remuneration.

CHAPTER VIII

Suspension and extinction of the employment relationship

Article 57. Excess and suspensions.

Exceeds. The leave of absence may be voluntary and compulsory. Forced leave will involve the reserve of the job, with the limitations that are included below and will compute its duration for the purpose of seniority.

All the surplus must be requested in writing, at least 30 days in advance.

A. The compulsory leave shall be granted on the basis of the following cases:

1. By designation or election in public office that makes it impossible to attend work.

2. For the exercise of union functions of a provincial or higher level, provided that the trade union centre concerned has been accredited as legal representative in the sector and specific area and in which the establishment is located or the company.

3. For a period of not more than three years, to take care of the care of each child, either by nature or by adoption, or in the case of a reception, both permanent and pre-adopted, even if these are provisional, to be counted from the date of birth or, if applicable, of the judgment.

4. A period of up to two years to care for the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and does not carry out paid activity.

The period of leave in the last two cases shall be computable for the purposes of seniority, and the worker or worker shall have the right to attend vocational training courses during which he or she is entitled he must be summoned by the employer, especially on the occasion of his reinstatement. During the first year you will be entitled to the job reserve. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

Excess care for family members constitutes an individual right of men and women. However, if two or more persons of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new causative subject will be entitled to a new period of leave, the beginning of the period will end the one who, if any, will be enjoying himself.

The worker with forced leave must be rejoined to the company within a maximum of 30 calendar days following the cessation of the function or disappearance of the cause or reason originating from such period of contractual suspension. Failure to do so within that period shall mean that the reserve of the job is falling and the worker shall have the same condition as the voluntary surplus.

B. Voluntary leave is requested as far as possible from the company and may be made by staff whose involvement in the business is over one year.

Voluntary leave may be granted by companies for a minimum period of four months uninterrupted and a maximum of five years. It shall always start on the first day of the month concerned and shall be deemed to be completed on the last day of the last calendar month of the requested period.

The worker with voluntary leave retains the right to re-enter the establishment in the vacancies of equal or similar status to the one held by the worker at the time of his application, provided that he manifests in writing, to the company, in an induding manner, its intention to return with a minimum of 30 calendar days in advance of the effective termination of the surplus.

Suspensions.

A. Suspension of the maternity work contract:

In the course of delivery, the suspension will last for sixteen weeks uninterrupted, expandable in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without that the party which the mother had been able to enjoy before the birth was neglected. In the case of the death of the child, the period of suspension shall not be reduced unless, after the end of the six weeks of compulsory rest, the mother is required to return to her job.

However, the above, and without prejudice to the six weeks immediately after the compulsory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother. The other parent may continue to make use of the period of maternity leave initially transferred, although at the time provided for the return of the mother to work, the mother is in a situation of temporary incapacity.

In the event that the mother does not have the right to suspend her professional activity entitled to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract. for the period which would have been for the mother, which shall be compatible with the exercise of the right recognised in the following Article.

In cases of preterm birth and in those in whom, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension may be computed, at the request of the mother, or in the absence thereof, of the another parent, as of the date of discharge. It is excluded from that calculation the six weeks after the birth, the compulsory suspension of the mother's contract.

In cases of preterm birth with a lack of weight and those other in which the neonate requires, for some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension is will extend in as many days as the born is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which it is regulated.

In the cases of adoption, it is for adoption and acceptance, in accordance with Article 45.1 (d) of the Staff Regulations, the suspension shall be for an uninterrupted period of 16 weeks, which may be extended by the Of course, it is intended to be adopted, for adoption or multiple reception in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without No case of the same minor may be entitled to several periods of suspension.

In case both parents work, the suspension period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to childbirth, adoption or acceptance. multiple.

In the case of the disability of the child or of the adopted child, he or she holds for adoption or reception, the suspension of the contract referred to in this paragraph shall be for an additional duration of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

The periods referred to in this paragraph may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine.

In cases of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this paragraph, may be initiated. up to four weeks before the resolution for which the adoption is constituted.

The staff concerned shall benefit from any improvement in the working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in this paragraph, as well as those provided for in this paragraph. in the following paragraph and in Article 48.7 of the Staff Regulations.

B. Suspension of the paternity work contract:

In the child birth, adoption, or acceptance assumptions according to the art. 45.1 (d) of the Workers ' Statute, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, which may be extended in the course of delivery, adoption or multiple accommodation in two more days for each child. second. This suspension is independent of the shared enjoyment of maternity rest periods regulated in Article 48.4 of the Workers ' Statute.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the period of rest provided for in Article 48.4 of the Staff Regulations is granted in its entirety by one of the parents, the right to the paternity suspension may only be exercised by the other.

Those who exercise this right may do so during the period from the end of the child's birth permit, legally or conventionally provided, or from the judicial decision making up the adoption or from the administrative or judicial decision of a reception until the end of the suspension of the contract as regulated in Article 48.4 of the Workers ' Statute or immediately after the termination of that suspension.

The suspension of the contract referred to in this Article may be enjoyed on a full-time basis or on a part-time basis of a minimum of 50 per 100, subject to agreement between the employer and the worker, and determine regulentarily.

The person concerned shall communicate the exercise of this right to the management of the undertaking, at least 15 days in advance of the planned date of delivery.

Article 58. Termination of the work contract.

The causes, forms, procedures and effects of both the suspensions and the collective extinctions of work contracts are established by the agreement of those who, according to the current legislation, are legitimized. to do so, and failing that by the legislation itself.

As to the individual termination of the contract of employment by the worker's will it is established that whoever wishes to cease voluntarily in the service to the company will be obliged to put it in knowledge of it, in writing and complying with the following minimum notice periods:

One month, for those who perform area, section or center head functions, as well as for those who perform undergraduate, diplomatic, or technical duties both in the middle or higher grade.

Fifteen days, for other staff.

The breach by the person concerned of the obligation to pre-notify in good time shall entitle the person concerned to the final settlement of the amount of the actual salary of one day for each day of delay in the notice, plus its equivalent to the proportional parts of the rest of the allowances the worker receives.

To complete the stipulated notice, if the company does not deliver or abona the relevant final settlement for the last day of work and this is not due to the unjustified rejection of the same by the worker, this have the right to be applied in the amount of the final settlement, starting from that day, the interest of arrears that is legally established.

In the event of termination of the contract of employment due to the expiry of the contract period, the undertaking shall be obliged, in temporary-form contracts, for a period exceeding 12 consecutive months, to provide the worker with the right to terminate the contract. decision, at least with fifteen calendar days in advance. If you do not notice or partially do so, the final settlement will pay you the amount of one day's salary for each missed deadline day, with the maximum of fifteen days of salary.

Article 59. Retirement.

The signatory parties to this agreement, upon request of the worker, establish the obligation for the company to accept the early partial retirement in the maximum percentage that the legislation establishes at any time for each individual case, with the simultaneous hiring of another full-time worker and an indefinite contract, all in accordance with the provisions of Article 12.6 of the Staff Regulations. Except in cases where the application of the wage scheme to the affected company is higher than that established, in which case the undertaking concerned shall be exempt from the obligation to apply it.

Exercised by the worker or worker his/her option to partial retirement, under the conditions set out above, those days that are maintained as a part time contract, and that depending on the bias has to continue by providing the worker with the company, they will be articulated as follows:

1. The annual waste day will be carried out in consecutive working days, respecting legal breaks and daily days full time.

2. The remuneration to be paid by the undertaking to the person relieved shall be calculated on the whole of the ordinary remuneration, which each worker receives.

3. In any event, the person concerned shall receive fixed and variable remuneration and the economic concepts of a non-wage character in proportion to the residual working day actually worked and all this irrespective of the annual amount of the others may be prorated in the different months of the year for purposes only of payment.

4. In the event that the worker dies or is declared in total permanent disability during the partial retirement situation, the undertaking shall pay the worker, or his heirs, as appropriate, the remuneration to be paid in respect of (a) to the extent to which the employee, in spite of having paid the residual day in a cumulative manner, has only received the remuneration for the undertaking in question, in the light of the hours actually worked for the undertaking; committed theoretical residual day.

5. The worker who is entitled to early retirement, must take the written and irrevocable commitment, to have access to the compulsory retirement at the ordinary age, unless he does not have the minimum contribution period for the access to the retirement provision, in which case it will extend the employment relationship until such a minimum period of absence is reached.

In the event of a substantial change in the legal regulation of this partial retirement provision, the Joint Committee of the Convention will meet to agree on the adaptation of the provisions of this Article to the new rules, with the commitment of the parties not to alter the object that is pursued with the wording of the article to rejuvenate templates, without altering the future pension of the workers.

Likewise, those who have access to early retirement with disconnection from the company and who are at least ten years old in the company will have the right to enjoy an additional paid vacation to those who may correspond to the current year, according to the following scale:

If you access four years before: 5 months vacation.

If you access three years before: 4 months vacation.

If you are two years old: 3 months holiday.

If you access a year before: 2 months.

To this end, the employee must communicate his/her decision to the company in a reliable and irrevocable manner in advance so that the company will organise its replacement, understood by the sum of time resulting from the apply the holiday period here, the annual leave to be taken for more than one month for the undertaking to be able to subtract the undertaking concerned.

In either case, the enjoyment of the holiday here established will be done just before the affected person is definitively disengaged from the company.

CHAPTER IX

Disciplinary regime

Article 60. Fouls and penalties.

The affected staff may be punished by the management of the companies by virtue of the non-compliances, in accordance with the graduation of faults and penalties to be established in this collective agreement.

The valuation of the faults and the corresponding penalties imposed by the management of the company will always be reviewable to the competent jurisdiction. The penalty of serious and very serious misconduct will require written communication to the worker, stating the date and facts that motivate it.

No sanctions may be imposed that consist of the reduction of the duration of the holiday or another minorityof the rights to the rest of the worker or a fine to have.

The faults committed by the staff at the service of the companies in the sector will be classified according to their importance, and where appropriate, to their recidivism in light, serious and very serious, in accordance with what is available in the Articles 61 and following.

The enumeration of the different types of faults is merely enunciative and does not imply that there may be others, which will be classified according to the analogy of conformity with what is available in the following items.

Article 61. Minor fouls.

The following are considered minor faults:

a. Up to three faults in terms of attendance at work, less than thirty minutes without any justified cause, over a period of 30 days.

b. The abandonment of the centre or place of work, without cause or justification, even for a short time, provided that such abandonment was not detrimental to the development of the productive activity of the company or cause of damage or accidents to its colleagues, in which case it may be considered to be a serious or very serious misconduct.

c. The non-communication, at least forty-eight hours in advance, of any lack of assistance to the work for justified reasons, unless the impossibility of doing so is properly credited.

d. Do not communicate to the company any variation of its situation that has an impact on the work, such as the change of its habitual residence.

e. Small oversights in the preservation of the material, its maintenance or its cleaning.

f. Lack of grooming or personal cleansing.

g. The lack of attention and diligence with the public and apathy to fulfill orders from their superiors. These faults may be considered serious in case of recidivism.

h. Delay sending the parts of discharge, discharge, or confirmation in case of temporary incapacity.

i. Do not warn your boss/immediate of the defects of the material or the need for it, for the good development of the work.

j. Discussions on foreign affairs to work during the working day. If such discussions lead to serious scandals or riots, they may be considered as serious or very serious misconduct.

k. Perform the addition to the service from a different place to the assigned place.

Article 62. Serious fouls.

The following are considered to be serious faults:

a. More than three non-justified punctuality faults, over a period of 30 days to compute.

b. Missing one or two days of work without cause to justify it, for a period of 30 days to compute.

c. Not paying due attention to the work entrusted.

d. The simulation of illness or accident.

e. The notorious lack of respect and consideration for the public.

f. Disobedience to superiors in any matter of work. If the manifest of the discipline or of the discipline is involved, the company will be considered to be very serious.

g. Simulate the presence of another worker by using his signature, token, or control card.

h. Neglect or neglect at work that affects the good march of it.

i. Perform, without the appropriate permission, particular jobs during the working day, as well as employ for own tool or company materials without the appropriate authorization.

j. The recidivism in minor faults, except in those of punctuality, even if they are of different nature, within a period to be composed of 90 days, and provided that they have mediated sanctions.

k. The voluntary decrease in job performance.

l. The breach or violation of the obligation of the obligation of reservation if there are no damages to the company.

m. To provide false information to the Directorate or to the superiors in relation to the service or work, except in cases of bad faith, in which it will be considered to be very serious.

n. The oversights and mistakes that are repeated frequently or those that cause damages to the company as well as the malicious concealment of these errors to the Direction.

or. The cancellation of complaints without obvious cause is evident.

p. The repeated lack of grooming and personal cleansing.

q. Failure to comply with the rules on the prevention of risks and occupational health, provided that they do not pose a serious risk to the worker or to his or her colleagues or third parties.

Article 63. Very serious fouls.

They are considered very serious faults:

a. More than twelve non-justified punctuality, committed over a period of 90 days or twenty for a period of 180 days.

b. To miss work more than two consecutive days or four alternate days, without cause or reason to justify it, for a period of 30 days.

c. Fraud, disloyalty or abuse of trust in the work, management or activity entrusted; theft and theft, both to other workers and to the company or any person during service.

d. Disable, destroy or cause damage to tools, machines, appliances, installations, etc. ..

e. The usual drunkenness or drug addiction that has a negative impact on the job.

f. To disclose to the company the required reserve data, where they exist, to the effect that the company is sensitive to the company.

g. Disclose job organization plans to individuals or people outside the company, subtract documents and forms, or copy them without authorization from the company.

h. Abuse of authority.

i. The abandonment of the post without justification, especially in the posts of command or responsibility, or where this causes obvious harm to the undertaking or which may become a cause of accident for the worker, his or her companions or third parties.

j. The continued and voluntary decline in work.

k. Continuous and persistent disobedience.

l. The recidivism in the serious misconduct, even if it is of different nature, within the same semester, provided that it has been subject to sanction.

m. The promulgation of false or tendentious news referring to the management of the company, which motivates the discontent. This is also the case when these news tend to discredit the company in the street with the possibility of obvious harm.

n. Failure to comply with the rules on the prevention of occupational risks, involving serious risks to the worker, his or her colleagues or third parties.

or. Sexual harassment and harassment on grounds of sex,

constitutes sexual harassment of any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of attacking the dignity of a person, in particular when creating an intimidating environment, demeaning or offensive.

Sexual Harassment is any behavior performed according to the sex of a person, with the purpose or effect of attacking his or her dignity and creating an intimidating, degrading or offensive environment.

Sexual harassment and harassment on grounds of sex shall be considered in any event to be discriminatory.

p. Any discrimination on grounds of birth, sex, ethnicity, sexual orientation, religion, age or any other personal or social condition or circumstance.

q. Physically or physically assault a partner or a subordinate.

Article 64. Sanctions. Application.

1. The penalties that companies can apply according to the severity and circumstances of the misconduct will be as follows:

A) Mild high:

Verbal admonition.

Admonishment in writing.

B) Serious high-ups:

Suspension of employment and salary from one to ten days.

C) Very severe high:

Suspension of employment and salary from eleven to thirty days.

Firing.

2. For the application and graduation of the penalties provided for in point 1, it shall be taken into account:

The highest or lowest degree of responsibility of the fault.

The impact of the fact on the rest of the template and on the company.

3. Prior to the imposition of penalties for serious or very serious misconduct to those who have the status of a legal or trade union representative, they shall be instructed to do so by the undertaking, in which they shall be heard separately from the person concerned, the remaining members of the representation to which it belongs, if any.

The obligation to instruct the contradictory file referred to above extends until the year following the cessation in the representative office.

4. In cases where the undertaking intends to impose a penalty on those who are members of a trade union, provided that the trade union is aware of such a condition, it must, prior to the imposition of such a measure, give a hearing to the the trade union delegates of your undertaking, if any, or the trade union section if it is incorporated therein.

5. The staff representatives shall be informed of the penalties for serious and very serious misconduct.

6. Minor faults prescribe at ten days, the serious ones at twenty days and the very serious ones at the age of sixty days from the date on which the company became aware of its commission and, in any case, six months after its mission.

TITLE II

From vocational training

Article 65. Vocational training.

The persons affected by this Collective General Convention have the right to be provided by the companies, as far as possible and without the condition of the provision of the service, the carrying out of studies for the acquisition of academic and professional qualifications, the completion of vocational training courses and the access to retraining and vocational training courses, in relation to the sector's activity.

In particular, in order to obtain the degree of School Graduation, First and Second Degree Vocational Training, University Diploma or Bachelor's or Occupational Training Courses Specific to the activity of the sector, workers affected by this General Collective Agreement shall be entitled:

To paid leave to attend exams.

To enjoy the holiday period, on a continuous or starting basis, by agreeing with the company's management, to be able to prepare final exams, aptitude tests, etc., and provided that this allows the normal development of the activity in the job or establishment center.

To choose, in the event of being possible and to work in shifts in the workplace or establishment, that which is more suitable for the attendance of training courses, provided that it has been sufficiently accredited to the Address and do not condition the work to be done.

In all cases, it must be credited by the delivery of the registration and assistance supporting documents, the actual completion of the courses of study, training and retraining that would be entitled to such benefits.

Recycling courses as well as those made by the company's express interest will be considered as effective working time, without in the latter case the compensation may be lower than the price of the ordinary hour. It is possible to agree between the parties either hourly or economic compensation.

If workers apply under Article 56, licences without pay to attend courses, conferences or seminars, not directly related to the activity or to their specific academic training, professional or trade, it will be up to the Directorate of the companies to make the decision to facilitate their assistance in the light of the business activity and if their absence conditions it.

TITLE III

Staff and union representation rights

Article 66. Representation rights.

The following are generally set:

Companies in the sector will respect the right of every worker to freely sign a union, hold meetings, collect quotas and distribute union information, all in accordance with the law. legislation in force.

Companies, those Delegates of staff or members of Enterprise Committees who participate as members of the Collective Agreements Negotiating Commissions shall provide them with the corresponding paid leave. in order to ensure that they obtain the maximum facilities in their work as negotiators and throughout their duration, provided that the collective agreement is applicable to the company.

Workers in companies, establishments or workplaces have the right to meet in the Assembly, at the workplace, to be convened and chaired in any case by the Enterprise Committee, union staff or section, if any, or by the worker of the centre or establishment, a promoter of the centre or establishment, provided that, on the basis of prior character, the call has been moved from both the notice and the order of business to the management of the undertaking or job center.

It will always take place outside of working hours except in those job centers subject to service provision 24 hours a day, in which case, it will be agreed by the promoters with the management, the moment of Celebration of the Assembly as well as its approximate duration.

The management of the company will provide an appropriate premises if the working centre meets the relevant conditions. Otherwise, you will designate a particular appropriate location within your facility for your celebration.

The authorisation of the holding of an assembly in its premises may be refused by the management if the promoters are not satisfied with the conditions described above; (i) to issue the Management Board if less than two months have elapsed since the last assembly held in the workplace as well as in the situation of legal closure of the undertaking.

The above limitation will not include the Assemblies or Briefings Whose only item on the agenda is the information on the negotiation of the Collective Agreements that apply to the the company, establishment or working centre concerned.

In accordance with the provisions of Article 57, the persons elected to carry out positions of local, provincial, regional or state responsibility in their Union and who are required to dedicate themselves to the performance of such duties or tasks, may voluntarily apply for leave of absence for the duration of such a situation, after which they shall be reinstated to their posts whenever they are requested within one month from the date of their departure from the referred to.

Staff Delegates or members of Business Committees shall be entitled within each undertaking, to the accumulation of trade union hours, in favour of one or more of the members of the same company. For this purpose monthly or for periods of higher time, if this is determined by the union to which the delegates or members of the committees belong, it shall be communicated in writing to the company in advance of 15 days at the beginning of the month in the to be made or to start the accumulation, indicating the person or persons in which the trade union hours are to be accumulated and attached the individual acceptance of the Delegates and Members of the transferring Committees of the credit schedule.

Article 67. Information to Enterprise Committees, Staff Delegates, and trade union sections.

Without prejudice to the rights and powers granted by the Laws, the Company Committees and the Staff Delegates are recognized, entitled to:

A. To be informed by the Company Address:

About the targeted layoffs to track them.

Quarterly, at least, on the general evolution of the economic sector to which the company belongs, on the evolution of the business and the situation of its own exploitation and sales, on the planned program or budget and on the development of employment in its specific field.

Annually, in those companies that review the form of a merchant company, know and have at its disposal the balance, the results, the memory and the documents that are made known to the partners.

Prior to their execution by the companies, on the restructuring of the same or their work centers, total or partial closures, definitive or temporary, reductions in day, transfers of all or part of the business facilities, other collective and substantial changes in the employment contracts of their employees, as well as on the business training plans of companies.

Depending on the subject matter:

On the implementation or revision of the systems of work organization and any of its possible consequences, studies of times, establishment of systems of premiums or incentives and valuation of jobs.

On the merger, absorption or modification of the legal status of the company, where this would affect significantly the volume of the employment acquired.

Know the models of written work contracts that are used, as well as the documents relating to the completion of the employment relationship.

On penalties for serious and very serious misconduct and, in particular, on redundancies.

In relation to statistics on the index of absenteeism and its causes, accidents at work and occupational diseases and its consequences, rates of accidents, movement of cessation and income and promotions and newsletters Social security contributions.

They shall also be entitled to receive information, at least annually, on the application of the right of equal treatment and opportunities between women and men to the enterprise, including data on the proportion of women and men of women and men at the various levels of trade, as well as, where appropriate, of the measures which would have been taken to promote such equality within the undertaking and, if an equality plan has been established, on the implementation of the same.

B. To exercise control or supervision work on the following subjects:

The compliance with the existing labour and social security regulations, as well as the agreements, conditions or uses of the company in force, formulating how many legal actions are necessary to the company and the specific bodies or courts.

The execution and implementation of the applicable training plans in the field of enterprises.

Job recruitment at the company level through the documentation that is required to be delivered to you.

Ostend the representation of the workers on assignment, while the latter lasts, as representatives of the workers of the user companies, for the purpose of making any claim in relation to the conditions of execution of the work activity, in all matters related to the provision of its services to them. In no case, can this representativeness be assumed to be an extension of the estimated hours of credit for the legal representation of the employees of the user undertaking, nor that they may consider themselves to be workers 'and workers' claims for the temporary work company on which they are dependent.

In conjunction with the Management, on the implementation of the measures implemented in order to maintain and increase the profitability and productivity of the facilities and the enterprises.

Compliance with the principles of non-discrimination, equality of the sexes and opportunities and a rational policy for the promotion of employment. They will ensure that the working conditions are accommodated in the current regulations on occupational health and risk prevention and the requirements that the regulations that develop them establish.

Members of the Staff Committee and Delegates of staff, individually or jointly, shall observe professional secrecy in respect of confidential information which, by reason of their position, are known to the undertakings, even after to leave office, and in particular, in all matters that the Directorate qualifies as a reserved matter.

Article 68. Union quota.

At the request of the workers, when they are authorized by document, the companies will discount the amount of the corresponding ordinary or extraordinary union fee on their monthly payroll.

To do this, it will be delivered to the Directorate of a document manuscript and/or signed by the worker in which the order or authorization of discount will be expressed clearly, the amount, the central union center, as well as the the current account number or savings book to which the retracted amount is to be transferred.

The Business Address will deliver a copy of the transfer listing to the union representation.

Article 69. Union guarantees for members of the Business Committee and Staff Delegates.

No member of the Company's Committee or Staff Delegate may be dismissed or punished during the performance of his or her duties or within the year following the expiration of his term of office, unless the latter occurs by revocation or resignation, provided that the dismissal or the sanction is based on or is based on the action of the worker or worker in the legal exercise of his representation, without prejudice to the provisions of Article 54 of the Staff Regulations Workers. It shall also not be discriminated against in its economic or professional promotion, precisely because of the performance of its representation.

If the penalty for alleged serious or very serious misconduct is due to other causes, a contradictory file must be dealt with, in addition to the person concerned, the Enterprise Committee or the other Staff Delegates and the Union delegate of the organization to which he belongs, in the event that his union section was known to the company's management.

They will have priority of staying in the company or job center, with respect to the rest of the workforce, in the cases of suspension or termination of contracts for technological, economic, organizational, production or force majeure.

They may not be discriminated against in their economic or professional promotion because of the performance of their legal representation.

May exercise freedom of expression in the internal sphere of the company in the matters of its representation, being able to publish or distribute without disturbing the normal functioning of the business activities publications of employment or social interest. The execution of such tasks shall be performed in accordance with the legal regulations in force at any time.

You will have the credit schedule of paid monthly hours that the Law determines by reason of your position and the volume of the company. In the same undertaking, it may be possible to accumulate the hours of the various members of the Staff Committee or Delegates in one or more of their colleagues, without exceeding the total amount which the Law corresponds to in the case of the whole of the representation, in which case it may be relieved of the work without prejudice to its remuneration. This circumstance must be communicated to the company in advance, indicating the period of time in which the accumulation will take place.

Not exceeding the legal maximum may be consumed the hours of the credit union schedule available to the members of the Business Committee or Delegates of staff, in order to provide for the assistance of the same to training courses organised by their trade unions, training institutes or other entities.

TITLE IV

Health and occupational risk prevention

Article 70. General criteria.

The persons affected by this Collective Agreement are entitled to the provision of their services in the various workplaces and establishments of the companies in the sector to be adapted to the measures and rules which, with mandatory character, establishes the Law on the Prevention of Occupational Risks, Law 31/1995, of 8 November, and the various regulations that develop it, and other regulations in force on the matter that are applicable.

As general considerations on health and prevention of occupational risks, it is stipulated that:

The companies that subscribe to this Collective Agreement will develop the actions and measures that are necessary in terms of safety and occupational health in order to ensure that the working conditions, if any, represent the lower risk and do not adversely affect the health of the template.

In any case, the approaches, actions and measures that will be implemented by companies and workers, without conditioning the activity, will lead to an improvement in the quality of life of the affected staff. by this convention.

According to the current legislation, in the elaboration, development and implementation of health and safety plans at work as well as in the prevention of occupational risks, they will participate if they exist, the representatives workers ' unions as well as trade union organisations, depending on the scope of the plan. In their absence, workers from the workplace or the company will take part.

During the duration of this Collective Agreement, the companies concerned shall draw up, for all their workplaces and establishments, a plan for the general assessment of risks to the safety and health of their workers, taking into account the nature of the activity. An assessment shall also be carried out, where appropriate, of the means and places of work and the conditioning of the centre or establishment.

If there is a job that represents a certain risk to the health and safety of the staff, the companies, in accordance with the opinions and advice of the Prevention Services and, where appropriate, the Inspection of Work, modify the facilities, the means or the own allocation of the job, so as to minimize and avoid as much as possible the risk detected.

Any extension or modification of the facilities of the establishments, their machinery or the technology applied to the various jobs will necessarily lead to an assessment of the health risks and job security which it may contain, as well as its knowledge, either the workers ' representatives or, failing that, the staff concerned.

The legal representation of workers in the company will have permanent information regarding the start-up of new machinery, modification of facilities, its expansion and measurements, analysis and recognition. which are carried out in relation to the environmental conditions of the workplace.

Companies will provide the staff affected by this Collective Agreement with an annual medical review by medical specialists. Particular attention shall be paid to the specific recognition of women in the case of maternity. The results shall be communicated to the worker for his/her knowledge.

As for certain jobs, the rules and regulations on ergonomics that the National Institute for Safety and Health at Work has established or can establish. Special assessment shall be made of those activities or jobs exposed to radiation from screens of any kind, to high sonority, to aeration limitations, etc.

The staff affected by this Collective Agreement are entitled to information and training on the conditions of their work, on the characteristics of their activity and their work centre, on machinery and technology. employed and on all other aspects of the work process that may in some way be at risk for their health or personal safety at work.

In particular, companies are obliged to form specifically the entire workforce on the risks that, if any, they may exist in a given job, as well as the use of the necessary means and behaviors. for removal.

In companies or workplaces that have six or more people in the workforce, their participation will be channeled through their representatives and the specialized representation that regulates the Law of Prevention of Occupational Health and Risks.

Prevention Delegates will be designated by and among the staff representatives, according to the following scale:

Up to 49 workers, a prevention delegate.

50 to 100 workers, two prevention delegates.

From 101 to 500 workers, three Prevention Delegates.

-From 501 to 1000 workers, four Prevention Delegates.

In the companies of up to thirty workers, the prevention delegate will be the staff delegate. In companies of thirty-one to forty-nine workers there will be a Prevention Delegate who will be chosen by and among the Staff Delegates.

Finally the management of the company is obliged to inform the representatives of the workers periodically if any, about the evolution of the health and safety of the staff, rates of absenteeism and its causes, accidents and their consequences, rates of accident, studies carried out on the environment of the work centres and, in general, any circumstances which may have an impact on a collective or individual relationship with the health of the staff in the company.

Companies will develop a basic level course of occupational risk prevention for prevention delegates who lack the right to be named.

Prevention Delegates shall have the time required for the development of their duties, not counting the credit they have as staff representatives.

Article 71. Planning for preventive activity.

The prevention of occupational risks must be integrated into the General Management System of the Company, in all its activities as well as in all the hierarchical levels of the company, through the implementation and application of a specific occupational risk prevention plan.

The Workplace Risk Prevention Plan should include organizational structure, responsibilities, functions, practices, procedures, and necessary processes and resources (technical and human) to perform the Risk Prevention action in the company, in terms that are regulated by law.

The company must carry out an initial risk assessment for the safety and health of workers, taking into account, in general, the nature of the activity, the characteristics of the jobs and who should perform them.

The initial risk assessment must complete the specific risks and activities of particular hazard. The risk assessment shall be updated when the working conditions change and, in any case, shall be submitted for consideration by the Committee on Safety and Health, and shall be reviewed, if necessary, on the occasion of the damage to health which is they have produced.

When the results of the risk assessment make it necessary, it shall carry out periodic checks on the working conditions and the activity of the staff in the provision of its services, in order to detect situations potentially dangerous.

Article 72. Resources for preventive activities.

The company will ensure the presence in the job center, the preventive resources, whatever the organization mode of those resources.

Preventive resources must have sufficient capacity, have the necessary means and be sufficient in number to monitor compliance with preventive activities, and must remain in the workplace. during the time the situation is maintained to determine its presence.

A worker will be appointed in the prevention activities with the necessary capacity and experience in this type of activities, or at least perform the Training Course for the performance of the functions of the entry level.

The person or persons in charge of emergency and first aid measures shall also be appointed. The number of designated workers shall be determined on the basis of the number of staff members, taking account of the different working shifts. These people will be responsible for implementing what is set out in the Emergency Plan.

People in charge of emergency measures must be formally appointed and trained, and their appointment will be communicated to workers ' representatives.

The Committee on Safety and Health will participate in the preparation, implementation and evaluation of prevention plans and programs. To this end, they shall be discussed, prior to their implementation and as regards their impact on the prevention of risks.

Article 73. Protection of maternity.

With a general nature in the protection of maternity, the provisions of the legislation in force at any time will be available.

In addition in case of risk during pregnancy and breast-feeding, if following the assessment of the risks provided for in Article 16 of the Law on the Prevention of Occupational Risks, the results reveal risk for safety and the health or potential impact on pregnancy or breast-feeding of pregnant or newly born workers, the management of the undertaking shall take the necessary measures to avoid exposure to that risk, by means of an adaptation of the the conditions or working time of the worker concerned. Such measures shall include, if necessary, the non-performance of night work or shift work.

If such an adaptation is not possible or if, despite such adaptation, the working conditions could have a negative impact on the health of the pregnant worker or the foetus, and so be certified and informed in the (a) the term 'occupational risk' is defined in Article 26 (2) of the Law on the Prevention of Occupational Risks, which must be passed on to a different job or function compatible with its state, and the employer must determine, after consultation with the workers ' representatives, the list of posts which are free of risks to these effects and the alternative positions to occupy.

The change of position in function will be performed according to the rules and criteria of functional mobility. If, after applying those rules, there is no compatible job or function, the worker may be assigned to a post not corresponding to her group or equivalent category, but shall retain the right to the whole of the remuneration of their place of origin.

If such change of post is not technically and objectively possible, or cannot reasonably be required for justified reasons, the employment contract may be suspended in accordance with the terms of Article 45.1 (d) of the Staff Regulations. of the Workers and entitled to the provision governed by Articles 134 and 135 of the recast of the General Law on Social Security, for the period necessary for the protection of their health or their health and as long as the unable to return to your previous position or to another compatible with your state. In lower areas, they will negotiate a supplement to improve the percentage of the regulatory base throughout the period.

The measures provided for in the first three paragraphs will also apply during the breastfeeding period, if the working conditions could have a negative impact on the health of the woman or the child and thus be certified in the terms provided for in Article 26.4 of the Law on the Prevention of Occupational Risks.

In the event of risk during pregnancy or risk during natural lactation, in the terms provided for in Article 26 of Law 31/1995 of 8 November, Prevention of Occupational Risks, the suspension of the contract the end of the day on which the suspension of the birth contract is initiated, or the infant shall be nine months old, respectively, or, in both cases, where the worker's inability to return to her previous post or to her another compatible with their status.

Article 74. Commitment on equality.

The parties to this agreement recognize the importance of the application and dissemination of the Equality Act, and therefore undertake to collaborate and promote measures or plans for equality in the affected enterprises.

Article 75. Procedure for inapplication and/or neglect of the convention.

Companies affected by this Convention in which economic, technical, organizational or production causes are present and which have the need to implement a non-application of the Convention, must be submitted to the following procedure:

a. They shall be subject to a period of consultation, between undertaking and the representatives of the workers entitled to negotiate a collective agreement as provided for in Article 87 (1) of the ET (in the case of the absence of legal representation of workers in the undertaking may attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the ET).

b. After the aforementioned period of consultation, in the event that the consultation is concluded, the latter shall be notified to the joint committee of the collective agreement and to the labour authority prior to the effective implementation of the agreement. The Joint Committee shall analyse these agreements, in order to ensure that the provisions of the law are met, and may be challenged before the competent jurisdiction for the existence of fraud, fraud, coercion or abuse of rights in their jurisdiction. conclusion.

c. If the period of consultation ends without agreement, the parties may submit the discrepancy to the Joint Committee of the Convention, which shall have a period of 7 days to decide, or to use the procedures laid down in the agreements. State or regional interbranch professionals, as provided for in Article 83 of the ET, including the prior commitment to submit discrepancies to binding arbitration.

In the event that the parties have not submitted to the above procedures or have not resolved the discrepancies, the parties may submit their solution to the National Consultative Commission of Collective agreements, provided that the conditions of employment are not applied to workplaces located in the territory of more than one Autonomous Community or to the corresponding bodies of the Autonomous Communities, if it affects a only territory.

As regards the causes of non-application provided for in Article 82.3 of the ET, they must be accredited in relation to the terms, economic conditions and conditions of execution, including the working conditions, in the company concerned.

Article 76. Legal assistance.

Given the characteristics and special circumstances in which this work is carried out, the management of the Companies will provide the staff with the necessary legal assistance in case of any of the circumstances. following:

Legal complaint to the worker as a result of his or her professional performance.

A worker's judicial complaint to third parties, provided that there is physical assault and in cases of verbal aggression, if there is evidence to allow their defense in judgment.

In such cases, any worker who goes to a court or police station in his or her rest or vacation period shall be compensated for another period of rest or vacation equivalent to the time remaining in those cases. dependencies, upon presentation of the relevant supporting evidence issued by the competent authority in each case.

Article 77. Occupational accident insurance.

The companies affected by this agreement will have to arrange with an insurance company a policy in favor of all the workers and workers, guaranteeing 30,000 euros of compensation for work accident with result of total permanent incapacity, absolute and great invalidity or death.

Policies will be agreed within one month from the relevant publication of the agreement.

Companies will have a copy of the corresponding policy available to the workers ' representatives.

Transitional disposition.

In the lower-level collective agreements, in accordance with the provisions of Article 84.2 of the Workers ' Statute at all times, the existing work categories in the Member States must be updated and reclassified. (a) to adapt them to those covered by this Convention.

The Joint Joint Committee may participate in such a reclassification when requested by the signatories of the Lower Scope Collective Agreements.

Additional disposition first.

The signatory parties to the present State Collective Agreement undertake to promote the constitution of the Negotiating Commissions in autonomous areas.

Additional provision second.

The economic arrears which may be incurred by the application of this Convention shall be paid by the undertakings on the payroll of the persons concerned, corresponding to the month following the publication of the latter in the Official Gazette. of the State ".