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Resolution Of February 20, 2017, Of The Directorate-General Of Employment, That Is Recorded And Published The National Collective Agreement Of The Cycle Of Trade Paper And Graphic Arts.

Original Language Title: Resolución de 20 de febrero de 2017, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo nacional del ciclo de comercio de papel y artes gráficas.

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TEXT

Having regard to the text of the national collective agreement on the cycle of paper and graphic arts (convention code 99001105011981), for the period 2016-2018, which was signed, dated 19 December 2016, on a per- the business associations CELAG and FANDE, representing the companies in the sector, and the other by the trade union organisations FeSMC-UGT and Servicios-CC.OO., representing the affected labour group, and in accordance with the provisions of the Article 90 (2) and (3) of the Law on the Staff Regulations, recast approved by Royal Decree-Law 2/2015 of 23 October, "BOE" of 24, and 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.

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 your publication in the "Official State Bulletin".

Madrid, 20 February 2017. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

NATIONAL COLLECTIVE AGREEMENT OF THE PAPER AND GRAPHIC ARTS TRADE CYCLE 2016-2018

CHAPTER I

Preliminary Clauses

The negotiation of this Convention has been inspired by the criterion of achieving the progress of the companies affected by it and the well-being of its workers.

In this regard the Convention underlines:

Harmful to the lower wage sector than the Convention and unfair competition.

The right to a stable and the most fair and honorable remuneration possible.

The agreement between the contracting parties to combat, in all circumstances and through joint action, the flagrant abuses that may arise from the sale of editorial or stationery products by persons and bodies authorized to do so.

The CELAG (Spanish Confederation of Guild and Bookseller Associations), FANDE (Federation of National Associations of Publishing Distributors) as well as the State Federation of Services, Mobility and Consumption of UGT (FeSMC-UGT) and State Federation of Services of CC.OO. (Servicios-CC.OO.) are responsible, each in their field of competence, for the strict observance of the Convention. The governing bodies of such organisations are particularly responsible for preventing by all legal means the infringement of this Convention.

The parties to the Convention undertake not to negotiate and to oppose, where appropriate, the deliberation and achievement of collective labour agreements of a territorial scope equal to or less and affecting the personal and functional of this Convention, except those of a company, whatever the subject matter of the Convention.

The signatories will seek to promote all workers who provide their services within the functional scope of this Convention to enjoy the same working conditions.

Article 1. Structure of collective bargaining. Concurrency of conventions.

This Collective Agreement has been negotiated under Article 83.2 of the Workers ' Statute and articulates collective bargaining in the sector of Paper and Graphic Arts through the structure of the Next Negotiator:

(a) State Collective Agreement: The National Collective Agreement on Trade in Paper and Graphic Arts, which is directly applicable to companies within its functional scope, with the exception of those in the are affected by your own business agreement.

(b) Collective collective agreements of the regional, foral or Autonomous Community sector, pre-existing to the signature of this Convention.

c) Enterprise collective agreements.

1. The parties to the Convention express their wish that the National Collective Convention should be an exclusive and effective reference for regulating the basic working conditions of the sector. Therefore, they undertake not to promote new sectoral collective agreements affecting the sector, which are of a territorial scope lower than the present Convention.

2. Without prejudice to the priority application of the agreements of undertakings established in the current Article 84 of the Staff Regulations, they are considered to be matters of their own and exclusive to the state sector for the sector and, consequently, reserved for this trading unit, the following:

Hiring: Contract modes.

Test Periods.

Professional classification.

Wage structure.

Sectoral base salaries and their increase.

Maximum day and its basic regulation.

Professional training.

Disciplinary regime.

Collective representation regime.

3. The rules of competition between this State Convention and the regional, foral or autonomous Community conventions and the agreements of undertakings, groups of companies or related companies shall be resolved according to the rules of concurrency established in the Staff Regulations.

CHAPTER II

Scope and Reporting

Article 2. Territorial scope.

The provisions of this Convention shall apply throughout the Spanish territory.

Article 3. Functional scope.

This Convention requires in general all undertakings whose main activity is the trade, distribution, import and export of publishing products and desktop material, i.e. wholesalers and new and old book retailers; stationery, desktop and teaching materials; wholesalers and retailers of print and writing; wholesalers and retailers of packaging paper and the like; wholesalers and retailers Retailers of used paper for recovery and handling; wholesalers and retailers of trade philatelic; wholesalers and retailers of periodicals, as well as the distribution, import and export of the said products; and the retail sale of discs.

It will also force new installation companies to be included in the territorial and functional areas.

Article 4. Personal scope.

All staff providing services for an employed person within the scope of this Convention shall remain within the scope of this Convention.

They are excluded from each other:

a) The charges of senior management, high government, or high council.

(b) The technical staff to whom a particular service is entrusted, without continuity in the work or subject to working time, which is therefore not included in the company template.

(c) Persons involved in commercial transactions on behalf of one or more entrepreneurs, provided that they are personally obliged to respond to the good end of the operation, assuming the risk and the risk of the operation.

(d) Self-employed workers, who carry out the work of distribution, with their own vehicle, and subject to a commercial relationship, with the respective companies.

Article 5. Effective.

This Convention shall apply from the date of its publication in the "Official Gazette of the State", except for clauses relating to remuneration.

Article 6. Duration and extension.

This Convention runs from 1 January 2016 to 31 December 2018.

Notwithstanding the duration agreed in the preceding paragraph, at the end of the period of validity of the Convention, the Convention shall be deemed to have been extended tacitly from year to year, if it has not been denounced in accordance with the rules developed in this paragraph. same Chapter.

Denounced the present Convention will nevertheless remain its precepts until the entry into force of the one that replaces it.

Article 7. Review-complaint.

They will be legitimized to formulate them the same representations that are to negotiate it, in accordance with Article 87 of the Workers ' Statute. Such legitimisation, which will not be assumed, will have to be verified by the complainant party at the time of the reporting of the Convention.

Case of one of the parties wishing to review the Convention must communicate it to the other by registered mail with three months ' notice of receipt at least. This communication must be sent to the address of the Joint Interpreter Commission of the Convention, Miguel Angel 1, dpdo. 3. ° dcha. 28010 Madrid.

CHAPTER III

Compensation and Absorption

Article 8. Compensation and absorption.

The compensation and absorption may be operated up to 70% of the wage increase when the wages actually paid, as a whole and annual calculation, are more favourable to the staff than those set out in this Convention.

In no case may be compensable and absorbable neither the supplement of seniority nor the rest of the special remuneration referred to in Article 31 of this Convention, as well as those supplements and remuneration expressly excluded from compensation and absorption by mutual agreement between the company and the staff or its legal representation.

CHAPTER IV

Job Organization

Article 9. Organization of the job.

The organization of the work subject to this Convention and the current legislation is the faculty of the management of the company, understanding, to this effect, that the destination or transfer of the personnel, among the different commercial establishments which radiate in the same place, may be verified by always respecting the hierarchical condition in the employment relationship which the worker or worker enjoys within the undertaking, as well as paying the higher costs than the transfer could produce you.

Without the authority recognized to the Company in the previous paragraph, the legal representatives of the workers will have the task of advising, guiding and proposing in relation to organization and rationalisation of work, in accordance with the objectives assigned to them.

Article 10. Shipments.

It is understood by moving the change of job from one center to another and that it involves for the worker or the worker a permanent change of residence to another province.

The move can be performed:

a) At the request of the interested or interested party, formulated in writing.

b) By mutual agreement between company and worker or worker.

c) By decision of the management of the company, in the case of need of the service.

In point (a), the worker or worker shall not be entitled to any compensation.

The voluntary temporary displacements to new job centres will not involve transfers in the terms provided for in this Article, and in them it will be, as far as remuneration is concerned, to be agreed between the posted worker or worker and the Company.

In the case (b), it will be agreed between both parties.

When the shipment is made for service needs and provided that there are proven technical, organizational or productivity reasons that warrant it, the company management will be able to do so after having requested voluntary provision by staff who meet due professional conditions and that the job is required.

On the occasion of the forced transfer, more than thirty days, the company shall pay the worker or worker, upon justification by him or herself, all travel expenses for him or her and his family, as well as that of the persons.

The compensation that the company will take out for housing to the posted worker will be the equivalent or similar to the one that the worker would pay.

Where a vacancy is made to cover the job of the transfer in the home working centre, the worker or the right worker shall have the right to take such vacancy, provided that he meets the requirements and requirements of the same.

CHAPTER V

Professional classification

Article 11. General criteria.

The staff providing their services in the companies covered by this Convention shall be covered by any of the professional groups described herein.

By agreement between the worker or the worker and the company will be established the content of the work supply subject to the contract of employment, as well as its equalization to the corresponding professional group as foreseen in the Present Convention.

The present professional classification aims to achieve a better integration of human resources into the organizational structure of the company without any of the dignity, opportunity of promotion and fair pay of the workers and without any discrimination on grounds of age, sex or any other kind. The current professional categories will be in accordance with the Functional Areas and Professional Groups established in this Collective Agreement.

Article 12. Professional classification system.

Workers affected by this Collective Agreement will be within a functional area, in professional groups, assigned to them a job.

The performance of the functions derived from the aforementioned classification defines the basic content of the labor supply.

The professional groups and the jobs referred to in this Agreement are merely enunciative, without the companies being obliged to establish, in their organizational structure, each and every one of them.

Article 13. Professional framing factors.

The membership of workers and workers falling within the scope of this Collective Agreement to a professional group and, consequently, a job has been carried out by weighting the following factors: autonomy, training, initiative, command, responsibility and complexity. In the assessment of the above factors, they have been taken into account:

a) Autonomy, understood as the greatest or least hierarchical dependency in the performance of executed functions.

b) Training, conceived as the basic knowledge necessary to be able to fulfil the agreed work performance, the continuous training received, the experience gained and the difficulty in acquiring the complete baggage training and experiences.

c) The initiative, referred to as the greatest or least follow-up or subject to guidelines, guidelines or standards in the execution of the functions.

d) The command, configured as the faculty of supervision and management of tasks as well as the capacity to interpellate the functions performed by the group of workers and workers on which it is exercised and the number of members of the same.

e) The responsibility, appreciated in terms of the greater or lesser autonomy in the execution of the functions, the level of influence on the results and the relevance of the management on the human resources, technical and production.

f) The complexity, understood as the sum of the above factors that affect the functions developed or job performed.

Article 14. Functional areas.

Functional areas are determined by the set of professional activities that have a homogeneous professional basis, or that correspond to a homogeneous function of the organization of the work.

Workers will be framed in the following functional areas:

-Area first: Administration and Enterprise Management.

-Second Area: Trade Establishment Organization.

-Area Three: Logistic Services.

Functional areas activities:

Functional area first-Administration and management services in general; installation, maintenance, analysis and development of software and hardware projects and other computer applications; telephone support to clients; accounting; suppliers; creditors; invoicing; management of charges and payments and formalisation of books.

Functional area second. -Customer service; shopping; marketing; offer control; guidance; product preparation; expiration date control; public sale and product replacement.

Functional area third.-Maintenance services of machinery and facilities; repair of useful and work items; preservation of areas and buildings; cleaning services; surveillance service; delivery services and transport; review of stocks, review and receipt of goods; preparation of the goods for replacement and storage; work with pallets; preparation and review of orders; packaging; loading and unloading of prepared goods; transport of goods orders and merchandise; exhibition of storefronts and showcases.

Article 15. Description of the professional groups.

Professional Group 0.-The areas and/or functions that the company represents, giving instructions of all kinds and establishing suitable criteria to achieve the objectives previously set.

In order to carry out the function of management, the following functions will have to be carried out, among others: set the objectives to be achieved and trace the way to achieve them; order the material and human means to achieve the objectives; to do what is necessary for the decisions to be taken to be implemented effectively and to ensure that all staff carry out their tasks; to check that the actual data correspond to the forecasts, in order to make possible corrections of deviations.

Professional Group I.-The areas and/or functions that involve the realization of complex and heterogeneous technical tasks with defined global objectives and high degree of demand and autonomy, initiative and responsibility. This professional group also includes functions that assume specific responsibilities for the management of one or more functional areas of the company based on broad general guidelines, emanating from the management or ownership of the company. of the enterprise, as functions that involve the realization of technical tasks of the highest complexity and even the participation in the definition of the concrete objectives to reach in a field, with a high degree of autonomy, initiative and responsibility for that technical craft charge.

Professional Group II. -Tareas and/or functions that involve the integration, coordination and monitoring of diverse tasks, performed by a set of collaborators in the same functional unit; complex but homogeneous tasks that, even without involving command responsibility, has a high intellectual or human interrelation content, in a framework of general instructions of high technical complexity.

Professional Group III. -Autonomous execution areas and/or functions that usually require initiatives by the workers in charge of their execution and functions that involve integration, coordination and monitoring of tasks Homogeneous. They may be temporarily coupled with control over other workers, in addition to the execution of their own and differentiated tasks.

Professional Group IV.-The areas and/or functions that consist of the execution of works to be carried out following a precise and concrete working method, and which are carried out under precise instructions, require adequate professional knowledge, and/or practical skills and whose responsibility is limited by direct supervision.

Professional Group V. -Tareas and/or functions that are executed according to specific instructions, clearly established, with a precise working method and with a high degree of hierarchical and/or functional dependency, which require preferably physical effort and/or attention. They do not need specific training, although a short period of adaptation may occasionally be necessary.

The following Professional Classification is established in this Collective Agreement:

First Area

Business Administration and Management.

II

Area

Professional Group

Position

0

Director/General Manager.

Director/Division Director.

Director/Department Director.

I

Head of Purchasing.

Chief of Staff.

Head/Head of Informatics body.

Financial Officer

Section Responsible.

III

Accounting.

Programmer/Programmer.

Administrative/Administrative Customer Care.

Technical/Technical Maintenance Maintenance.

Technical/Technical Information Systems.

IV

Auxiliary Administrative/Auxiliary Administrative.

Area Second

Trade Establishment Organization

Area Second

I

Head of Sales

/General Manager.

Titled/Titled Higher Grade.

II

Establishment Manager.

Medium Grade Titled/Titled

Chief/Head

Establishment Manager/Charge

of Branch.

Section Manager

III

Technical/External Trade Technician.

Trade Representative.

Administrative/Administrative Customer Care.

Administrative Officer/Administrative Officer.

IV

Teleoperator/Teleoperator.

Box Auxiliary.

Administrative Auxiliary/Administrative Auxiliary.

V

Establishment Wizard.

Third Area

Logistic Services.

I

Head/Head of Logistics Section.

II

Head of Store.

Head of Transportation.

Section Responsible.

Medium Grade Titled/Titled

III

Enloaded/Drive-loaded Logistics

Professional 1.

Administrative Officer/Administrative Officer

IV

Driver Driver/Reparty Driver.

Professional 2.

Logistic Operary/Logistics Operary.

Auxiliary Administrative/administrative Auxiliary.

v

packager/Packaging Mozo.

Auxiliary Services Personnel.

Staff by Hours *.

Article 16. Functional mobility.

According to the provisions of art. 39 of the Workers ' Statute, functional mobility will be determined by the membership of the same professional group and functional area. In no case will mobility be performed between different areas.

In addition and in accordance with the provisions of the III AENC, published in the "BOE" of 20 June 2015, there are economic, technical, organizational or production reasons that justify it in the terms provided for in the last paragraph of the art. 41 of the ET and for as long as necessary for its attention without being able to exceed in any case six months in one year or eight months in two years, functions other than those corresponding to the professional group may be performed.

In all cases of functional mobility, information, suitability and training on new roles and respect for personal dignity and professional development should be ensured.

In any event, the remuneration shall be guaranteed for the functions that it actually performs, except in cases of lower functions, in which the remuneration of origin shall be maintained.

Article 17. Definition of jobs.

Functional area first. -Company administration and management:

Director/Director-General: it is who, at the immediate orders of the decision-making and organizational bodies of the company and participating in the elaboration of the company's policy, directs, coordinates and takes responsibility for all the activities of the management of your office.

Director/Director of Division: who, at the immediate orders of the Director General, directs, coordinates and takes responsibility for all the activities of the management of one of the Areas and Divisions in which the company is organized (Administrative, Commercial, Logistics, etc.).

Director/Director of department: who, with or without the company's control, assumes with full powers the direction or supervision of all the functions of a department of the company, when it has them organized or distributed in multiple sections.

Head of Purchasing: is the person who performs on a permanent basis, either in the producer centers or in other establishments, the general purchases of the goods that are the object of the business activity of the company.

Chief of Staff: responsible for the organization and distribution of the jobs that the company has. With hierarchical control over all the staff, it is responsible for the selection, internal or external training of the employees, performance evaluation, risk prevention, etc. It can also be responsible for the development of payroll, social insurance and other functions related to industrial relations. It puts into practice the disciplinary and merit-granting authority of the Directorate, and other tasks of the post. Depending on the size of the business, you can have functional control over one or more specific departments.

Head of IT: responsible for the IT department of the company. The "hardware" is responsible for the correct management, planning, maintenance and operation of all computer equipment, both personal computers and peripherals. Depending on the size of the company, you will be able to direct maintenance technicians. In relation to the "software" it is responsible for the maintenance and planning of the systems or programs that the company uses.

Chief Financial Officer/Chief Financial Officer: responsible for the company's financial, management and accounting departments. It is responsible for the planning, coordination and management of all the company's financial issues (revenue management and analytics, expenses, costs, financing, charges, payments, taxes, etc.).

Entitled/Entitled from a higher degree: this professional group consists of those positions for whose performance activities are carried out that legally require the corresponding university degree of higher degree and for whose performance they have responsibility and supervision in the field or unit of work entrusted to them.

Section Manager: It is who, at the orders of a Chief, has the responsibility or direction of one of the sections in which the work may be divided, with direct authority over the employees to their orders.

Titled/titled Middle Grade: This professional group includes those positions for whose performance activities are carried out that legally require the corresponding university degree of middle grade or those, in which such qualifications are not legally enforceable, require equivalent technical knowledge and qualified experience in the area of work to which they are attached.

Accounting Officer: who, under the responsibility of the Chief or Responsible Officer, is responsible for the accounting management of the company's economic data, for the usual and recognized systems and procedures, and for its use for financial or tax purposes.

Administrative Officer/Administrative Officer: it is who, under the dependency of a superior, but qualified and on his own initiative, performs administrative tasks of various kinds in the company, with a knowledge specific to the same. Depending on the functional area you are working on, you will perform the appropriate tasks.

IT Technician/Technique: who develops the main functions of installation, repair and maintenance of computers, peripherals, networks and other IT tools.

Programmer/Programmer: a person who, by means of training and/or adequate certification in the field of computer science, has as fundamental tasks the following: elaborates, rehearses and maintains in good state logical supports or programs for computers designed to cover the practical needs of users of computer systems. In addition, the objectives pursued in the various programmes, the information or other results are also included in their tasks, in consultation and under the supervision of the Chief Information Officer and the specialists in the subjects concerned. required, the nature and sources of the data to be entered and ordered, the checks and other necessary checks. It will also have to keep the relevant programmes and documentation up to date to reflect the changes in the data and information that can be recorded and the results that can be obtained, as well as those relating to the to configuration changes.

Administrative/Administrative Customer Service: a person who performs the main functions of customer service in an order receiving service and/or after-sales treatment. Carries out the administrative tasks of the post (orders, complaints, etc.) and maintains a direct relationship with the client using telephone, computer or analog means.

Information Systems Technician/Technique: who controls the operation of computer equipment and the quality of the information processed; can detect causes of processing interruption, correcting Data imperfections; performing the back ups periodic processes (daily, monthly, half-yearly) and performing the corresponding internal and external storage; recording and documenting the daily events in the production logbook; and updating new versions of the computer applications in different units of the company.

Administrative Auxiliary/Administrative Auxiliary: a person who, under the dependency of a superior, performs functions of support in administrative tasks of various kinds in the company, with a general knowledge of them. Depending on the functional area you are working on, you will perform the appropriate tasks.

Phone: Person who serves a telephone exchange by establishing communications with the outside and inside and by noting and transmitting how many notices he receives.

You can also perform other functions related to communication services, such as fax, mail, etc.

Functional area second. -Trade establishment organization:

Head of Sales: who, under the supervision of the Chief Commercial Officer, is responsible for implementing the company's policy and business action. You can be in charge of a particular geographical area where you coordinate and direct a series of commercials.

Manager/General Manager: who is at the front of an establishment that relies on branches in different places or who assumes the direction of branches located in the same square.

Entitled/Entitled from a higher degree: this professional group consists of those positions for whose performance activities are carried out that legally require the corresponding university degree of higher degree and for whose performance they have responsibility and supervision in the field or unit of work entrusted to them.

Establishment Manager: a person who performs the address and global maintenance of the store or point of sale to the public; assumes the overall responsibility for the management of the establishment; directs and controls the other workers at the point of sale and is responsible for the proper functioning of the shop in all respects.

Titled/titled Middle Grade: This professional group includes those positions for whose performance activities are carried out that legally require the corresponding university degree of middle grade or those, in which such qualifications are not legally enforceable, require equivalent technical knowledge and qualified experience in the area of work to which they are attached.

Group Chief/Head: Who is at the forefront of several sections in the establishments that have their organization established based on them.

In Charge/In Charge of Establishment: It is the one who is at the front of an establishment whose total number of employees is a minimum of three and a maximum of five, performing functions analogous to those of the Establishment Manager.

Head of Branch: is who is at the head of a branch exercising, by delegation, functions of the company.

Section Manager: It is who, at the orders of a Chief, has the responsibility or direction of one of the sections in which the work may be divided, with direct authority over the employees to their orders.

Dependent/Dependent: a person who, at a point of sale to the public, is responsible for making sales with real knowledge of the products. It also takes responsibility for the attention, collection and direct information to the public, the replacement of goods, the placement of news, order processing, non-face-to-face sales, the placement of storefronts and other tasks related to the related post. with the sale.

Technical/Technical in foreign trade: person specialized in the treatment of clients and/or suppliers from outside the national territory. With knowledge of at least one foreign language, it plans, coordinates and acts on import and export activities. It also knows the legal, customs and monetary elements of the original country of the customer and/or supplier with which the company is related.

Trade Representative: who, depending on the business address or sales manager and on behalf of the company, is dedicated to carry out, in or out of their establishments, sales, management, visits, promotions, surveys, samples of catalogues and other related commercial and/or public relations systems.

Your geographical area of performance will depend on the business policy and instructions received from your immediate superior.

Administrative/Administrative Customer Service: a person who performs the main functions of customer service in an order receiving service and/or after-sales treatment. Carries out the administrative tasks of the post (orders, complaints, etc.) and maintains a direct relationship with the client using telephone, computer or analog means.

Administrative Officer/Administrative Officer: it is who, under the dependency of a superior, but qualified and on his own initiative, performs administrative tasks of various kinds in the company, with a knowledge specific to the same. Depending on the functional area you are working on, you will perform the appropriate tasks.

Teleoperator/Teleoperator: person who performs the basic functions of direct sales and/or conduct of surveys or transmission of information to a current or future client by means of telephone. Contacts the customer, transmits the required offer, service or information and deals with the purchase and/or collection of data.

Box Auxiliary: is the person who performs the collection of the goods by any means of payment, performs the review of the box heels, makes invoices and receipts at the request of the clients and performs other operations similar in relation to the handling of the boxes or sales terminals.

Administrative Auxiliary/Administrative Auxiliary: a person who, under the dependency of a superior, performs functions of support in administrative tasks of various kinds in the company, with a general knowledge of them. Depending on the functional area you are working on, you will perform the appropriate tasks.

Establishment Assistant/Assistant: who, at a point of sale to the public, develops the general work of auxiliary and support in the shop in the sale of products, replenishment of goods, attention, collection and information to the customer, order fulfillment and other sales-related duties.

Functional area third. -Logistics services:

Chief of Logistics Section: It is who, under the dependency of the Area Director, bears the responsibility or direction of one of the sections in which this area may be divided, with direct authority over the employees to their orders.

Entitled/Entitled from a higher degree: this professional group consists of those positions for whose performance activities are carried out that legally require the corresponding university degree of higher degree and for whose performance they have responsibility and supervision in the field or unit of work that has been entrusted to them

Head of Warehouse: is the person who is at the head of a warehouse, taking charge of the replacement, reception, storage and marking of goods, the registration of his/her entry and exit, distribution to the sections or branches. He is also responsible for the fulfillment of the orders, the planning of the sampling and other similar tasks for the development of his functions.

Head of transport: person responsible for all the internal and external transport traffic the company may have. It is responsible for coordinating and managing the loads and discharges of carriers, as well as for their organization on the docks, the routes to be followed and the coordination of the fleet of vehicles.

Section Manager: It is who, at the orders of a Chief, has the responsibility or direction of one of the sections in which the work may be divided, with direct authority over the employees to their orders.

Titled/titled Middle Grade: This professional group includes those positions for whose performance activities are carried out that legally require the corresponding university degree of middle grade or those, in which such qualifications are not legally enforceable, require equivalent technical knowledge and qualified experience in the area of work to which they are attached.

In charge/in charge of logistic unit: depending on the head of the warehouse or transport, it will be the person responsible for ensuring the proper functioning of the unit of the warehouse that has been assigned, as well as for the people who work on that drive.

Professional professional: it is the one who executes works of his own office that normally require learning in any of his or her functions. They shall be assigned to the category of officers who work with their own initiative and responsibility in carrying out their duties and performance. As an example they perform maintenance, repair of machinery, electricity, plumbing, etc.

You can also perform your own work on quality control.

The drivers of motor vehicles are included here, which are considered to be professionals of the trade of 1., when they have sufficient knowledge to carry out small repairs of mechanics and 2. in another case.

Administrative Officer/Administrative Officer: it is who, under the dependency of a superior, but qualified and on his own initiative, performs administrative tasks of various kinds in the company, with a knowledge specific to the same. Depending on the functional area you are working on, you will perform the appropriate tasks.

Delivery/Driver Delivery/Driver: is the non-self-employed person who performs the driving functions of motor vehicles, the loading, moving and delivering of the company's products to the customers or to the outlets of these, which carries out the collections and carries out the collection of copies and products returned, having the obligation to make the delivery of the products and copies collected by the returns and the amount of the collected collections, in the place that the company determines for each specific case.

You must also perform basic maintenance tasks for vehicles that are assigned to you.

Operario/Operaria de logística: es who dedicates to concrete and determined works that, without properly constituting a trade, demand some practice in the execution of those.

Among such works, it can be understood as to pack or to fill, with the preparatory operations to have packages and precise elements and with the complementary of distribution and billing, charging or without charging the goods, carry out the internal transport of the goods, placing it in their corresponding places in a logical order as established in the work centre, receiving the goods requested from the suppliers, checking the coincidence between the goods and goods received, order their contents and introduce it into the organizational system of the company for further processing by means of an ordered reception system (manual, mechanical and/or computer). You may use electric lifting machines for your work, provided that you are in possession of the corresponding approved accreditation for the handling of the machinery.

Administrative Auxiliary/Administrative Auxiliary: a person who, under the dependency of a superior, performs functions of support in administrative tasks of various kinds in the company, with a general knowledge of them. Depending on the functional area you are working on, you will perform the appropriate tasks.

Packaging Mozo/Packaging Moza: It is who carries out the transport of the goods in or out of the establishment; carries out the packaging of the goods for sale or distribution, checking the goods that are packaged or package and match it with invoices or albarans, makes the current packages that do not need to be wrapped or packed and the parts or performs any other works that require predominantly physical effort, being able to be entrusted also cleaning and basic maintenance work of the establishment.

Staff of auxiliary services: it is the personnel who have as functions to perform auxiliary tasks of the main activity of the company such as the cleaning of the buildings and premises, and of the concierge and the monitoring of the same.

Article 18. How to operate with respect to the new Professional classification.

As from the entry into force of this Convention and on the occasion of the new professional classification, the following posts (old categories) have been removed as disused: Head of Section Merchant, Storefront, Bookseller, Rotulist, Product Manager, Account Executive, Reader, Workshop Manager, Web Page Manager, Systems Analyst, Documentalist, Address Assistant, Graphic Designer, Web Page Wizard, and Cataloging.

However, if in any of the companies affected by this collective agreement there are any of the jobs (previously, categories) that have been eliminated, the provisions of the wage table will continue to apply. published in the "BOE" of 10 April 2014 with the updating of the salary corresponding to each job (before, category) in accordance with the increase set out in this Convention, adding the linear plus to the basic salary corresponding.

For the purposes of resolving doubts and resolving any discrepancies or conflicts that may arise from the application of the professional classification, companies and workers shall be directed to the Joint Committee. of the Collective Agreement in writing, making the corresponding consultation. The Joint Committee shall send a resolution to the consultants, undertakings or workers concerned by the Joint Committee within one month of receipt of the said consultation.

Article 19. Promotions.

In accordance with the principles laid down in Article 24 of the Workers ' Statute and regardless of the power to hire new workers, which shall be subject to the provisions of the Contracting modes and concordant rules, promotions will be produced by any of the following systems:

1. By free designation of the company.

2. By examination or objective assessment.

Free provision of the company will be provided, preferably among the company's staff, for the jobs corresponding to the following groups or areas:

A. Staff belonging to Groups I and II.

B. The commercial personnel.

C. Workers with management and custody functions of company flows.

The company that covers some of the positions thus provided through the objective examination or evaluation system, will provide its convocation, which will be available to the workers and workers specifying the regulations of the assessment to be established. Such rules shall contain a system of merit of an objective nature, including, inter alia, the following circumstances: seniority, knowledge of the job and professional history, tests to be carried out and their assessment.

The Assessment Board to judge the access tests shall be appointed by the company and chaired by a representative of the company. They will necessarily be part of the court two workers of category equal to the square that is called, appointed by the legal representatives of the workers.

All company personnel will have, on an equal basis, a right of preference to fill existing vacancies in any of the groups and sections that make up the same as preferred merit.

Companies will be required to communicate to the business committee or delegates or delegates of staff the call for an objective assessment or evaluation process to provide the entrance and climb places with at least 20 days of the date on which the evidence is to be held, also giving publicity to the company's bulletin boards.

CHAPTER VI

Hiring and employment

Article 20. Equality and non-discrimination.

Companies affected by this Convention shall respect the principle of equal treatment in work for all purposes, not discrimination on grounds of sex, marital status, age, race or ethnicity, religion or belief, disability, sexual orientation, political ideas, affiliation or not a union, etc.

Measures for the effective implementation of the principle of equal treatment and non-discrimination in working conditions between women and men, including those for positive action, shall apply, inter alia, to the following: conditions:

1. Access to employment.

2. Professional classification.

3. Professional promotion.

4. Vocational training.

5. Remuneration.

6. Time of work.

7. Working conditions.

8. Reconciliation of personal, family and work life.

9. Occupational Health.

10. Protection against harassment on grounds of sex and sexual harassment.

11. Protection against gender-based violence.

Article 21. Job contracts.

All contracts will be made in writing. In the case of contracts for employment, the following shall be recorded: the professional group, the job and the job's duties, as described in Article 17, and the working centre in which the worker or worker provides services. The working day shall also be recorded, in accordance with the provisions of this Convention and the time distribution of the work which the undertaking has drawn up in each case.

Article 21.1 Possible contracts due to circumstances of production.

Under the provisions of Article 15 (b) of the recast of the Law on the Law of the Workers ' Statute, this contract aims to meet circumstantial requirements of the market, accumulation of tasks or excess of orders, in the case of normal business activity.

It shall be formalised in writing with sufficient accuracy and clarity of the cause and circumstances that motivate it, registering in the SEPE. The duration of such contracts may not be less than seven days, not more than 12 months, within a period of 18 months from the date of the occurrence of the causes referred to in Article 15.1.b) of the Staff Regulations. Workers. The same causes and circumstances as for the performance of these contracts, in their maximum duration, may not be used more than twice as long as contracts of this nature.

In the event that the contract is concluded for a period of less than 12 months, it may be extended for once by agreement of the parties and according to the law in force, without the total duration of the contract being exceeded. of the maximum limit.

If at the end of the initial period, there is no prior communication of ten days prior to its completion, the contract shall be deemed to be automatically extended to its maximum duration. If, at the end of its maximum duration, there is no express complaint ten days in advance and services shall continue to be provided, the contract shall be considered for an indefinite period, unless proof to the contrary that the temporary nature of the contract has been established. benefit.

Article 21.2 Work Contract or Service.

This mode may be performed when the worker is hired for the performance of a given work or service with its own substance within the activity and whose execution, although limited in time, is initially of uncertain duration. For the purposes set out in the preceding paragraph, they are identified as tasks with their own substantive, inter alia, trade fairs, exhibitions and special sales.

Article 21.3 Contract on Partial Time.

It will be in the art. 12 of the Law of the Workers ' Statute.

Part-time job contracts will be reported as the job position.

Workers and workers hired on a part-time basis, and if, through various fixed-term contracts, they had exhausted the legal extensions, in the event that the undertakings concerned by the present Convention decide (a) to make new full-time hiring, preferably to benefit from the latter, provided that they are from the same job.

Among workers with a part-time employment contract and those who have full-time employment contracts, whether the duration of the same or indefinite period, there will be no differences or discrimination, in proportion to their working time, as regards:

-Number of extra pages per year.

-Provision of vacancies for promotions, provided that the vacancy is the same job position of the same category and part time, and

-Any other right or benefit agreed upon in the Convention or which is applicable by law.

Article 21.4 Contract for Training and Learning.

In accordance with the provisions of Article 11 (2) of the Staff Regulations, the contract for training and learning in the field of this sectoral agreement may be for a minimum duration of six months and one maximum of two years.

The remuneration of contract workers in training and learning will be 85 percent for the first year, and 90 percent for the second year of the salary set in this contract for the job in the worker is engaged.

If the two-year period expires, this contract does not become indefinite, the company will be obliged to indemnify the worker or worker with 15 days of salary.

Article 21.5 Contract in Practice.

The provisions of Article 11 of the Workers ' Statute will be in place.

The duration of this contract will be at least six months, maximum two years. The remuneration shall be 85 per 100 and 90 per 100 of the base salary for the first and second year respectively.

Article 21.6 Discontinuous Fixed Contract.

Those workers who have served in the same company, with temporary temporary contracts, for a minimum of three months each, for three consecutive years, will become -discontinuous.

The appeal will be made, by written communication and in advance of 15 days regarding the effective incorporation to the job, in order of seniority in the company, within each professional area, attending to the job; setting the duration certain or estimated, which in any case will be of an indicative nature.

The interruption will be performed, by written communication to the worker, prior to it and applying the above criteria in reverse order.

The distribution of the day shall be without prejudice to the provisions of Article 12 of the Staff Regulations as regards the content of the contract.

By agreement between the company and the legal representatives of the workers and the workers will establish the distribution of the day throughout the time of appeal, respecting, in any case, the provisions of the present convention, in general, on the distribution of working time.

Discontinuous fixed workers and discontinuous fixed workers, who within a period of activity will have a reduced working time with respect to full-time workers, will be able to carry out complementary.

By default, the holiday will be enjoyed in the last stretch of the period of occupation of the discontinuous fixed worker or discontinuous fixed worker.

Discontinuous fixed workers and discontinuous fixed workers will have priority to incorporate into their work on any new recruitment, so that no fixed-term contracts can be concluded while there are discontinuous fixed workers and discontinuous fixed workers who have not been called.

All discontinuous fixed workers and all discontinuous fixed workers will be guaranteed a minimum occupancy period of 120 days per year.

Article 22. Temporary Work Companies.

The legislation in force will be in place.

Article 23. Low voluntary.

The personnel covered by this Convention who intend to cease voluntarily in the service of a company shall communicate it to the management of the company, in a feisty manner, at least with 15 calendar days prior to the the date on which the service is to be stopped. Such notice shall be considered validly effected whatever the form of communication.

The failure by the worker to pre-notify the obligation in advance shall entitle the undertaking to deduct the amount of the salary of 1 day for each day of delay in the undertaking from the liquidation of the undertaking. warning.

Article 24. Union control of hiring.

In accordance with the current regulations, it is the company's obligation to provide workers ' representatives with the basic copy of the work contracts, within the maximum period of 10 days following the conclusion of the contract. same.

Article 25. Employment.

As from the publication of this Convention and for workers who are to be temporarily hired by undertakings within the scope of this Convention, the period shall be three years. maximum in order to achieve the condition of fixed or fixed in the company, whatever the modality of the contract, except for those hired and hired by the Contract of Interinity to replace a worker or worker entitled to the reservation of the job, as a result of forced leave to occupy a union position or position public.

For the duration of this Convention, companies of more than 20 workers and/or workers are obliged to have a fixed employment level of 80%.

CHAPTER VII

Remuneration

Article 26.

The remuneration set out in this Convention shall be understood as a whole day, which may be paid for weeks or months, with the right staff to be paid, before the day indicated for the payment, advances on account of the work carried out up to 90 per 100 of the remuneration due.

The salaries earned in this Convention are minimum and guaranteed income in cases where the remuneration is composed of salaries and commissions.

The company's management will be able to establish remuneration systems linked to productivity, after negotiation with workers ' representatives.

The collection of monthly remuneration will be paid as usual in the company, or at most on the 5th day of each month.

Article 27. Base Salary.

Remuneration for the period 1 January 2016 to 31 December 2018 shall be as follows:

Year 2016: Current salary tables will be increased by 1%.

Year 2017: 1%.

Year 2018: 1%.

Pay Review Clause: If the CPI sum of 2016 and 2017 is greater than 2%, the difference between that 2% and the CPI sum of both years will go to the 2018 Wage Table without retroactive character, with the limit of 0.5%. If the 2018 CPI exceeded 1%, the difference, with the aforementioned limit of 0.5%, will be incorporated into the 2019 Wage Tables.

The annual remuneration set out in Annex II to this Convention corresponds to 12 monthly payments, two extraordinary payments and one benefit.

Article 28. Convention Linear Plug-in.

The Convention Linear Plug-in is eliminated as a differentiated concept, not its amount, which becomes part of the Base Salary from the entry into force of this Convention.

Article 29. Extraordinary rewards.

Companies will pay their staff an extraordinary amount of gratification equivalent to the total amount of a monthly payment of the fixed terms of payroll on the occasion of the Christmas, another monthly payment equal to the month of June and a third, as a profit, within the first quarter of the following financial year.

The amount of the bonuses for June and Christmas will be collected in proportion to the time worked in the semester corresponding to each one. Benefit pay will be collected in proportion to the time worked in the previous annuity.

Article 30. Old Age Supplement.

From May 1, 1997, seniority will become due to four-year periods.

From January 1, 2009, the four-year-old will have a value of 16 euros.

The four-year period from 1 January 2016 will be valued at EUR 17.

The computation of staff age will be regulated by the following rules:

a) The initial date for your determination will be the date of entry into the company.

(b) For the purpose of calculating seniority for the purposes of periodic increases, account shall be taken of all the time of service in the undertaking, being considered as effectively worked on all the months and days in which the worker or the has received a salary or remuneration, either for services provided in any of its factories or in commissions, licenses or on a temporary low for accidents at work or illness.

The time of forced leave by appointment for public or union office will also be computable.

On the other hand, the time to remain on a voluntary basis will not be estimated.

(c) The age shall be computed by reason of all the years of service provided within the Company, regardless of the professional group in which it is located.

In any case, the provisions of Article 25 (2) of the Workers ' Statute shall apply.

(d) In any case, those who are of category or group change will receive on the base salary of the one to which the four-year periods that correspond to them since their entry into the company, computed the age in the This is the form set out in the above rules, but calculated in full on the new base salary.

e) In the event that a worker ceases to the company by sanction or by his own will, if later reentry into the same company the computation of the seniority will be effected from this last income, losing all the previously acquired rights and seniority.

Article 31. Special cases of remuneration.

-Workers with knowledge accredited to their companies in one or more foreign languages, provided that this knowledge is required and agreed with them, will receive 10% of their base salary for each language.

-Workers holding a diploma issued by the school of bookshops will receive an increase of 10% on their base salary, provided they provide their services in library sections.

-Special thanks to the storefronts: the staff who perform in a normal way the function of the ornamentation of storefronts in the establishments, will have right in concept of special gratification to a plus of 10% of your base salary.

-The company will pay a monthly payment for the birth or adoption of each child. If both parents or parents are employed in the same undertaking, this benefit may only be credited by one of them.

-The worker or worker, at the age of 60 years and who has been in the Company for twenty years, shall begin to earn the right to the payment of a full amount of a monthly payment, plus all the emoluments inherent in the same, taking as a reference the average of the remuneration received from that moment until the date of his retirement, respecting the higher aids that for this concept are carried out by the companies. Such pay will be collected at the time of your retirement in the company.

Article 32. Nocturnal.

From 22:00 hours until 6:00 p.m., a plus of Nocturnity will be paid, consisting of 25% of the salary Convention, that is, of the base salary.

Article 33. Departures, trips and diets.

The worker or worker who, for the purposes of the company, has to move outside his or her work centre, will be entitled to the expenses he would have incurred, on presentation of the corresponding supporting documents.

In compensation of expenses whose justification is not possible, the worker will be entitled to receive a diet of 8.90 euros or 12.72 euros per day, respectively, according to the displacement either for half a day or for full time.

To workers who use their vehicle to carry out works of the company, the company will pay them the amount per kilometer that the Ministry of Finance considers at any time as an exception to the tax.

The staff whose principal activity is normally outside the place of residence, provided that they have already been referred to in their remuneration, is excluded from the scheme provided for in the preceding paragraphs. the compensation of travel expenses and is included in the specific conditions agreed upon in their recruitment.

CHAPTER VIII

Work day, schedule and breaks

Article 34. Day.

The maximum annual working day will be 1,772 hours of effective work, as long as it is not modified by future Conventions.

Companies will grant their workers, each year of the present Convention, a full day of paid leave for their own affairs. The fixing of such a day will be done by mutual agreement between the company's management and the workers.

Companies, respecting the number of hours of work per year will agree through their Delegates and Delegates of Personnel or Enterprise Committees the most appropriate schedule for their needs at each time of the year.

When an extraordinary work overload occurs in a company, the company's Address will be able to set a longer schedule of up to ten hours for the staff. This excess of hours will be compensated by reducing the weekly working day in times of less activity. In no case may it exceed the annual calculation established by this Collective Agreement. If the annual day of the collective agreement is exceeded, it shall be considered overtime.

Both the extension and the reduction of the schedule will be communicated to the staff with a five-day notice.

In no case, the exceptional character of this paragraph may engender some kind of permanent, differentiated day in terms of your weekly computation.

Unless agreement between the parties, the compensation in times of rest shall take place within four months of its completion, preferably in full days.

The company will ensure that this prolongation will equally affect all personnel who are required to perform the extraordinary jobs that originate it.

Upon sufficient justification for the existence and importance of the chosen cause, the following are excepted:

(a) Those who regularly study for the purpose of obtaining an officially recognized academic or professional qualification, and during the time required to attend these classes.

(b) Those who have customary family obligations of a personal and unavoidable nature.

The Guardas and the Guardas or the Watchers and the Watchers who are assigned the care of a limited area, with a house within it, are excluded from the normal working day regime-provided that they are not required to constant surveillance. In these cases, it will be possible to extend the day to 12 hours a day, with the right to a four-hour rest, including the one corresponding to the meal. This rest will be enjoyed every day of work and within the hours of your service, determining the form of enjoyment of the same according to the company.

The hours of overtime of the and the guards or the guards with a room, shall be paid in proportion to their ordinary salary.

Article 35. Overtime.

Hours exceeding the annual accounts set out in Article 34 of this Convention shall be considered as overtime.

Extraordinary hours will be voluntary.

The company's management will inform workers ' representatives on a monthly basis the number of overtime hours made during the previous month.

In the event of anomalies in the performance of overtime, the Joint Commission may collect the appropriate information from the company concerned.

The value of the extraordinary hour for all the professional groups of this Convention shall be established by increasing the value of the ordinary hour by 20%. In the event that they are done on Sundays or holidays, they shall be increased by 50% or offset in free time, preferably the latter, by the same percentage.

Article 36. Work on holidays.

When work is carried out on a public holiday of the fourteen annual feasts (twelve national and two local parties) it shall be paid on the day with the 75 per 100 surcharge, or be compensated in free time, preferably the latter, at the same percentage.

Article 37. I work on Sundays.

When working on Sunday, not forming this day part of the usual day, workers will enjoy a day and a half uninterrupted rest, and in no case will it be able to compensate economically.

Article 38. Holidays.

All staff shall enjoy paid leave on an annual basis according to the following conditions: they shall last for 30 calendar days.

When the worker ceases or enters the course of the year, he/she will be entitled to the proportional share of the holiday due to the time worked.

The annual leave to which the workers affected by this Convention are entitled shall be enjoyed in the period from 1 May to 30 September, except for the mutual agreement of the parties to each other.

By way of exception, in the case of companies located in tourist areas or those engaged in the marketing and/or distribution of textbooks, the period of enjoyment, in the case of companies located in tourist areas or those engaged in the marketing and/or distribution of textbooks of the holidays shall be fixed without limitation of dates, by agreement between the company and the worker or worker, guaranteeing 15 days in the period of the holiday mentioned above.

Holidays will be enjoyed by rotating shifts. Holiday shifts will be established in the first half of March each year.

When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48 (4), (5) and (7) of the Staff Regulations, shall be entitled to enjoy the holidays on a date other than that of temporary incapacity or for the enjoyment of the the permission to be granted by the said precept at the end of the period of suspension; even if the calendar year is over.

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

CHAPTER IX

Article 39. Paid leave.

The company's staff will be entitled to a paid leave in any of the following cases.

(a) Fifteen days in the case of a worker's or worker's marriage, held in any of the civil or religious forms recognized by national law, as well as in the case of the formation of a couple of fact, provided that it is established that such a constitution has been made in compliance with the formal requirements required by the applicable law according to the place of residence.

Those who are a Partner of Fact will not generate a new permit if they contract civil marriage to each other, later. Similarly, those who would contract civil marriage, will not be entitled to a new permit if they subsequently contract religious marriage to each other.

b) A natural day in the case of marriage of parents, children or siblings, on the date of celebration of the ceremony.

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, from relatives to the second degree of consanguinity or affinity. You will also enjoy two calendar days in cases of legal adoption of a child, for adoption or legal acceptance.

In cases of serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest, the staff may use the license for the duration of the situation that originated, even in alternate days.

The license in this section may be extended for up to 5 days, taking into account the displacements that the staff has to make and the other circumstances that are present in the case. The company may extend it, provided that it is duly requested.

In case of the death of the spouse, first-degree or family member by consanguinity or affinity, the license shall be five days long.

d) Two days per usual home move, provided it is performed on a working day basis.

e) For the precise time, and with justification of it, before the need to attend, personally, matters of its own that do not admit delay demonstrating its undoubted necessity.

f) When the worker or the worker regularly studies studies to obtain an academic or professional degree, he/she will enjoy the time required to attend the appropriate examinations.

g) Staff with at least one year's seniority in the undertaking shall be entitled to a paid leave of 20 hours per year of vocational training for employment, linked to the business of the undertaking, cumulable for a period of up to five years. The right will in any event be understood when the worker or the worker is able to carry out the training actions aimed at obtaining vocational training for employment in the framework of a training plan developed on the initiative of the business or engaged in collective bargaining. Without prejudice to the foregoing, it shall not be possible to understand in the right referred to in this paragraph the training which the undertaking is required to provide in accordance with other laws. The definition of the mode of enjoyment of the permit shall be determined by mutual agreement between the worker and the employer.

h) For the precise time, and with justification of the same, when for the reason of illness the worker or the worker requires the assistance to the doctor's office in hours coinciding with their working day.

i) For the precise time, and with justification of it, for assistance to a doctor's office accompanying children up to the age of 16.

(j) For the time required to carry out prenatal examinations and preparation techniques and, in the case of adoption, it is intended for adoption or acceptance, in order to assist the mandatory sessions of the information and preparation and for the performance of the prescriptive psychological and social reports prior to the declaration of suitability, always, in all cases, prior notice to the employer and with justification of the necessity of its realization within of the workday.

The request for the licenses must be made to the Company. The concession shall be made at the event, without prejudice to any penalties which may be imposed on staff who claim to be false.

In all cases the appropriate justification for the alleged causes may be required.

Article 40. Unpaid leave.

The staff may enjoy a licence without remuneration up to 15 days per year for periods not less than two days and without the enjoyment of this licence being able to coincide with: principle or end of holidays, bridges, sales Christmas and Kings. Companies will grant this type of licence whenever there is justified cause and the organisation of the work permits. Both the worker's or the worker's request, and the non-concession by the company, must be made in writing and the appropriate justification must be given.

Article 41. Reduction of day by legal guardian or care of family members.

1. In accordance with the provisions of article 37.6 of the Recast Text of the Law of the Workers ' Statute and of the Law 39/1999 on the Reconciliation of Work and Family Life, who for reasons of legal guardian have to their direct care some less than 12 years of age or a physical, mental or sensory disabled person, who does not carry out a paid activity, shall be entitled to a reduction in the daily working day with the proportional reduction in the salary between at least one eighth and a maximum of half the duration of that.

2. It shall have the same right to take care of the direct 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 which does not carry out retributed.

3. They shall be entitled to a reduction in working time of at least 50% of their duration with a proportional reduction in their salary, parents and parents, adopters, guarders and keepers for adoption or welcoming and welcoming permanent, for the care of the minor or minor who is in charge and is affected by cancer (malignant tumors, melanomas and carcinomas), or by any other serious illness, requiring long-term hospital admission, during the time of hospitalization and continued treatment of the disease, accredited by the the public health service or health administrative body concerned.

This right shall be extinguished if, after the report of the body concerned, the need for direct, continuous and permanent care of the child or child received by the beneficiary ceases, or when the child complies with the 18 years.

The reduction of the day may be concentrated on whole days or on continuous days, in such a way that it is no longer to provide services for full days or for full months. The time-frame and the determination of the periods of enjoyment of the reduction of the day will correspond to the worker or the worker.

The reductions in the day referred to in this article constitute an individual right of workers, men or women. However, if two or more workers 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.

Article 42. Reduction of day by gender violence and by victims of terrorism.

Victims of legally recognized gender-based violence, as well as victims of terrorism, will be entitled to a reduction in the day. The reduction will be uninterrupted or continuous, with the worker or the worker being able to choose the reduction as well as the time of their day, with the proportional decrease of the salary.

CHAPTER X

Contract Suspension

Two classes of leave are recognized, voluntary and forced, but none of them will be entitled to pay as long as the surplus is not rejoined to their job.

Article 43. Voluntary leave.

Staff at least one year old in the one-year-old company have the right to be recognized as being on a voluntary basis for a period of no less than four months and no longer than five years. This right may be exercised only once by the same worker or worker if four years have elapsed since the end of the previous leave.

This excess will not be paid while the surplus is not rejoined to your job.

To no effect will the time that workers or workers remain in this situation be computed.

The company will provide precept voluntary leave, no longer than one year, when serious, duly justified grounds for family order, completion of studies, etc.

The right to return to the company will be lost if it is not requested by the person concerned or the person concerned at least one month before the expiry of the period granted.

The worker or the surplus worker shall retain only a right of preference for reentry into the vacancies of equal or similar category to his or her which would have been or were produced in the company.

If the new hiring does not correspond to the category itself, but to the lower one within the same professional area, the surplus will be able to choose to occupy this place with the salary to it assigned or not to re-enter and to preserve its Preferential right to return to a position in its category.

Article 44. Forced leave.

Staff will have the right to be recognized for the possibility of being placed on a forced leave of absence for any of the following reasons:

(a) By the designation or election for a public office that makes it impossible for work to be attended. In such cases, the excess shall be prolonged for the duration of the charge that determines it.

Workers and workers in this situation must apply for re-entry in the month following their termination of office.

b) By union position, within the meaning of 46.4 of the Workers ' Statute.

Workers and workers who are elected to carry out positions in the representation and government bodies of their respective trade unions, who demand full dedication, will be able to apply for leave of absence. for the company its concession for the duration of those situations.

Once the excess is granted, it will be extended by the duration of the charge that determines it.

The request for reinstatement must be made within one month from the date of termination of the leave. If the worker or worker does not apply for re-entry in the indicated term, it will cause the company to be permanently low.

Enforced leave will entitle you to the retention of the post and to the calculation of the age of your term.

This excess will not be paid while the surplus is not rejoined to your job.

Article 45. Leave for family care.

Workers and workers shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, whether by nature, or by adoption, or in the case of for the purposes of adoption or permanent accommodation, from the date of birth or, where appropriate, of the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than two years, workers and workers to care for the care of a relative until the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by yourself, and do not carry out paid activity.

The leave of absence of this Article, the duration of which may be enjoyed in a split form, constitutes an individual right of workers, men or women. However, if two or more workers 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 deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker or the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker or worker shall be entitled to assistance to vocational training courses, the participation of which must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

However, when the worker or the worker is part of a family that is officially recognized as a large family, the reserve of his or her job will be extended to a maximum of 15 months when he/she is treat a large family of a general category, and up to a maximum of 18 months if it is a special category.

CHAPTER XI

Security and Health

Article 46.

In the field of Safety and Health for workers and workers affected by this Collective Agreement, the provisions of Chapter V of the Framework Agreement on Trade ("BOE" 20-02-2012) on Risk Prevention Labor and Safety and Health at Work or to replace it in the future.

In order to pay due attention to the important issues related to safety and health at work, the following responsible for these matters will be established in the companies:

1. Companies of 1 to 30 workers and/or workers, a delegate or delegate of prevention with the requirements and faculties established in the legislation in force.

2. Companies of 31 to 50 workers and/or workers, a Safety and Health Committee consisting of one or a representative of the company, a technician or a technician belonging to the staff of the same and two delegates or delegates of prevention, elected the latter among the delegates or delegates of the staff or the Enterprise Committee.

3. In companies with a census of 51 to 100 workers, prevention delegates will be three.

4. Companies with more than 100 workers and/or workers will be governed by the legislation in force.

For the proper development of their functions, the delegates and the prevention delegates shall have in addition to the credit schedule of which they enjoy under Article 68 of the Staff Regulations, of an additional credit of 5 hours per month for the performance of their duties. However, it shall be considered as effective working time corresponding to the functions set out in Articles 36.2 and 37.1 of the Law.

In all cases the functions and powers of the Safety and Health Committees shall be those specified in the Law 31/1995 of 8 November of the Prevention of Occupational Risks.

Article 47. Risk during pregnancy and risk during natural lactation.

In the event of a risk to pregnancy, the worker's transition to the situation of suspension of the contract for risk during pregnancy, as provided for in Article 45.1.e of the Staff Regulations, may be declared. Workers, for the period necessary for the protection of their safety or health and for the duration of the failure to return to their former post or to another post compatible with their state, in accordance with the terms laid down in Article 26 of the Law 31/1995 on the Prevention of Occupational Risks. It may also declare the worker concerned to the status of suspension of the contract for risk during the natural lactation of children under nine months of age referred to in Article 45.1 (e) of the Staff Regulations, if give the circumstances provided for in Article 26 of Law 31/1995 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 48. Suspension of the maternity or adoption contract, for adoption and acceptance purposes.

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 the mother is performing any work, the other parent or parent may make use of the entire or, where appropriate, the remaining part of the suspension period, computed from the date of of the birth, and without it being neglected the part that the mother would have been able to enjoy before the birth. In the case of the child's death, the period of suspension shall not be reduced unless, after the end of the six-week compulsory rest period, the mother is required to return to her job.

Notwithstanding the foregoing, and without prejudice to the six weeks immediately following the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the period of (b) maternity leave may be granted for the other parent or parent to 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 or 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, she is in a situation of incapacity. temporary.

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 or 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 Article 50 of this Convention.

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 or 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 case of adoption, for adoption and for the purpose of adoption, in accordance with Article 45.1 (d) of the E.T., the suspension shall be for an uninterrupted period of sixteen weeks, which may be extended in the case of adoption, For the purposes of 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 or the worker, either on the basis of the judicial decision making the adoption or on the basis of the administrative decision of the worker for the purposes of adoption or (a) the right to several periods of suspension without the same child being entitled to a period of suspension.

In cases of international adoption, where the prior movement of the parents or parents to the country of origin of the adopted parent is necessary, the period of suspension, provided for in each case in this paragraph, may be start up to four weeks before the decision on which the adoption is made.

If both parents or parents work, the period of suspension will be distributed to the interested or interested parties, who will be able to enjoy it simultaneously or in succession, always with uninterrupted periods and with the above limits.

In the case 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, and multiple adoption or welcome.

In the case of the disability of the child or of the child adopted, in keeping with the purpose of adoption or reception, the suspension of the contract referred to in this paragraph shall be for an additional period of two weeks. In the event that both parents or parents work, this additional period will be distributed at the option of the stakeholders or stakeholders, 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 rules are determined.

Staff shall benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in paragraphs I and III of this Article, as well as as provided for in the following paragraph on the suspension of the paternity work contract.

Article 49. Suspension of the contract for having the status of a victim of gender-based violence.

In the case of suspension of the contract by decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence, as provided for in paragraph 1 (n) of the article 45 of the E.T., the period of suspension shall have an initial duration which may not exceed six months, unless the proceedings of judicial protection have resulted in the effectiveness of the victim's right of protection requiring the continuity of the In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

Article 50. Suspension of the paternity work contract.

In the cases of child birth, adoption, guardian for adoption or acceptance, in accordance with Article 45.1 (d) of the Staff Regulations, staff shall be entitled to the suspension of the contract for 13 years. Uninterrupted, extensible days in the course of delivery, adoption, is for adoption or multiple reception in two more days for each child from the second. This suspension is independent of the shared enjoyment of the maternity rest periods covered by Article 48 of this Convention.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption, it is for adoption or acceptance, this right shall be for one of the parents or parents only, at the choice of the interested or interested parties. However, where the period of rest provided for in Article 48 (5) of the Staff Regulations is fully enjoyed by one of the parents or parents, the right to a paternity stay may be exercised only in the case of a person who is a member of the by the other or the other.

Staff exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the adoption or from the administrative decision of the guardian for adoption or acceptance, until the termination of the contract for such causes or immediately after the termination of such 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 or the worker, and as determined by regulation.

The worker or worker must inform the employer, in good time, of the exercise of this right.

Article 51. Breastfeeding.

In the cases of child birth, adoption, adoption or acceptance, in accordance with Article 45.1 (d), for the breastfeeding of the child until the child is nine months old, the workers will have the right to an hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in the cases of childbirth, adoption, guardian for adoption or multiple acceptance.

Who exercises this right, by its will, may substitute for a reduction of its working day in half an hour for the same purpose or accumulate in full days in the terms provided for in the following paragraph.

The accumulation of the breastfeeding permit in full days will be enjoyed for a period of fifteen (15) working days, on an ongoing basis, and after the termination of the suspension of the maternity or paternity contract. In case of multiple birth this permit will be extended by four (4) days more for each child from the second.

In cases of births of premature infants or who, for any cause, must remain hospitalized after delivery, the mother or father shall be entitled to leave the job 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.

For the enjoyment of these permits will be provided for in article 37 (7) of the Royal Legislative Decree 2/2015, of October 23, for which the recast text of the Law of the Workers ' Statute is approved.

Article 52. Work accident insurance.

Companies, as long as they do not have other more beneficial insurance, will be obliged in the course of three months, to count from the date of publication of this Convention, to arrange for the Insurance of Accidents of Work by the The following concepts:

-By death in accident at work: 18,000 euros.

-By absolute Permanent Incapacity and Great Invalidity arising from an accident at work: 18,000 euros.

At the request of workers ' legal representation, companies will provide a copy of the relevant policy.

Article 53. Disease or accident supplement.

In the event of incapacity for work due to illness or accident, duly accredited by the Social Security, the staff included in the care system, the company will complete the compulsory benefits, up to the the total amount of their remuneration, up to the limit of 12 months in the case of common sickness, and eighteen months for the accident at work, even if the worker or worker has been replaced.

If, after the 18 months in the situation of temporary incapacity for work by illness, the worker or the worker was declared to have suffered permanent invalidity, in total or absolute degree, the company will be obliged to to satisfy the difference resulting from the mandatory benefits up to 25% of the amount of their remuneration of the last six months.

CHAPTER XII

Retirement

Article 54.

As not provided for in this Chapter, the current legislation will be in place.

Article 55. Early retirement.

The worker who is entitled to early retirement for free will in the terms in which it is contemplated in the rules of application of the same will perceive:

-1,984 euros if one (1) year occurs before your ordinary retirement age.

-EUR 3,486 if two (2) years are produced before your ordinary retirement age.

In case of less than one full year or less than two full years between the date on which the worker or the worker is entitled to early retirement and his/her ordinary retirement date, the proportional share of the the quantities referred to in the preceding paragraph.

It will take the following scale for forced early retirement that has cause in a targeted dismissal for organizational or production causes:

-If four (4) years occurs before the ordinary retirement age: € 6,726.

-If three (3) years occurs before the ordinary retirement age: 5,109 euros.

-If two (2) years occurs before the ordinary retirement age: EUR 3,486.

-If one (1) year occurs before the ordinary retirement age: EUR 1,984.

In the event of a complete failure to mediate between the date on which the worker or the worker is in a situation of forced early retirement and his/her ordinary retirement date, the proportional share of the quantities referred to in the preceding paragraph.

In any case, the most beneficial conditions that the companies have established will be respected.

Article 56. Partial retirement.

Partial retirement will be provided, in cases where the worker or worker so requests, after an agreement with the company is reached, as determined by the General Law on Social Security and Law concordant at the time of request.

CHAPTER XIII

Multiple Provisions

Article 57. Uniformity.

The workers and workers who proceed, covered by this Convention, shall be required, on the part of the undertaking, of uniforms or other garments, in the form of working materials, of the known and typical for the performance of the various and various activities that the use has been advising.

The provisions of such garments must be made at the beginning of the employment relationship between undertaking and worker or worker in the number of two uniforms, which shall be replenished in successive annuities in a suitable manner, or at least in the half of them.

Article 58. Discount on purchases.

The staff will be able to make purchases at your company, for your personal direct use or first-degree family members, at a 15% discount on the sale price to the public.

Article 59. Awards.

Companies will be able to establish, on a proposal from workers ' representatives, a system of special rewards to reward acts and works of an extraordinary nature and carried out in singular circumstances.

CHAPTER XIV

Training

Article 60.

The undersigned organisations are aware of the need to maintain and enhance the efforts made in the field of continuing training in enterprises as a factor of undoubted importance for the competitiveness of the sector and the professional qualification of their workers, agree to maintain their adherence to the contents of the IV Sectoral Agreement of Continuing Training in Trade and/or to participate in the negotiation of the collective agreement that can replace it.

They will also encourage participation in the training initiatives applicable to the duration of this Convention.

Vocational training for employment is a basic right of all workers, as well as a tool of great value for the business of the company. That is why measures that will effectively contribute to their consolidation and exercise are to be implemented.

It is understood by professional training for employment that is carried out by workers and workers and companies in the sector, with a double end:

-Improve the competitiveness of businesses.

-Contribute to the professional and personal development of workers through the improvement of their skills and employability.

The parties to this Convention undertake to encourage and stimulate the sectoral training action developed by educational and cultural public authorities, and to establish appropriate counselling partnerships for (a) and shall treat with the competent public bodies the necessary aid for the effective development of such aid.

In the company where there are several work shifts, the worker or worker who is studying will have the right to choose, by mutual agreement with the company, the one that best suits their school hours.

In terms of Vocational Training for Employment, the legislation will be in force at any time. In the case of paid leave for vocational training for employment, the provisions of Article 39 (g) of this Convention shall apply.

The parties to this Convention express their willingness to carry out joint actions in their development, when they agree on each case.

With reference to the individual training permit regime, the criteria to be developed by the Sectoral Trade Commission will be met.

CHAPTER XV

Collective Convention Inapplication Clause

Article 61.

Where any of the undertakings included in the functional scope of this Convention initiate the period of consultation with the representation of workers for the implementation of the working conditions laid down in this Convention, Convention, all in accordance with Article 82.3 of the Workers ' Statute, must be communicated to the Joint Committee.

In the cases of absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the Workers ' Statute.

When the consultation period ends with agreement, it must be notified to the Joint Commission of the Collective Agreement and to the employment authority.

In case of disagreement during the period of consultation either party may submit the discrepancy to the Joint Committee of the Convention which will have a maximum of seven days to decide, to be counted since the Discrepancy was raised. Where an agreement is not reached, the parties may resort to the procedures laid down in the Trade Framework Agreement ('BOE ' of 20 February 2012) or in the case of out-of-court settlement procedures in the territorial area which corresponds to the alleged misapplication, in order to deal effectively with the discrepancies arising in the negotiation of the agreements referred to in this paragraph, including the prior commitment to submit the discrepancies to a binding arbitration, in which case the arbitral award shall have the same effectiveness as the agreements in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down in Article 91

the

CHAPTER XVI

Disciplinary regime

Article 62. Fouls.

The actions or omissions punishable by personnel in companies will be classified, according to their index and circumstances, in light, severe and very serious.

Article 62.1. Minor fouls:

1. The unaccountable neglect, error, or delay in the execution of any job.

2. From one to three faults of punctuality in the attendance at work during the period of one month, less than thirty minutes, provided that these delays do not result, due to the special function of the worker or the worker, serious damages for the the company is entrusted to you, in which case it will qualify as a serious fault.

3. Do not cure in due time both the low and the corresponding medical discharge when the job is missing, unless it is proved impossible to have done it.

To cure the decline, the legal period will be three working days, counted from the date of issue of the item. As regards the medical part of discharge, the staff shall present it to the undertaking on the day following that of their issue.

4. Abandonment without justified causes of work, even if for a short time.

5. Small neglects in the preservation of the material.

6. Do not attend to the public with due diligence and correction.

7. Do not communicate your home changes to the company.

8. Discussions with colleagues and colleagues within the company's dependencies, provided they are not in the presence of the public.

9. Missing a day to work without proper authorization or lack of justification.

Article 62.2. Serious fouls:

1. More than three punctuality in attendance at work, not justified, committed in the period of one month.

2. Missing two days of work for the period of one month without justified cause. When such misconduct is caused to the public, it shall be regarded as very serious.

3. Surrender to games or distractions, whatever they are, being of service.

4. The simulation of illness or accident.

5. Mere disobedience to his superiors during the service delivery. If the disobedience implies a manifest breach for the work or of it is derived material damage to the company, it may be considered as a very serious fault.

6. Simulate the presence of another worker or worker, signing or signing for him.

7. Important neglect in the conservation of the genera or articles of the establishment.

8. Lack of respect or consideration for the public.

9. Annoying discussions with colleagues or colleagues in the public.

10. To perform without the appropriate permission special works during the day as well as to employ for own tools or materials of the company.

11. Drunkenness, outside of the act of service, wearing the company's uniform.

12. The recidivism in more than five minor faults even if they are of different nature within a trimester and having mediated sanction other than that of verbal admonition.

Article 62.3. Very serious fouls.

1. More than six unjustifiable work attendance faults over a period of 6 months or twelve during the year.

2. Fraud, disloyalty or breach of trust in the arrangements entrusted to it, as well as in dealing with colleagues and colleagues of work or any other person in the service of the undertaking in relation to work with it, or to conduct trade negotiations or industry on its own or another person without the express authorisation of the company.

3. Make it disappear, disable or cause serious damage to materials, tools, tools, machinery, appliances, installations, buildings, articles and documents of the company.

4. Theft, theft or embezzlement committed within or outside the company.

5. Habitual drunkenness or drug addiction if they have a negative impact on work.

6. Violate the secret of the correspondence or documents reserved for the company.

7. Disclose to people outside of the company required reservation data.

8. Engage in activities that the company would have declared incompatible in the Rules of Procedure.

9. Ill-treatment of word or deed, abuse of authority or a serious lack of respect and regard to bosses or female heads, to colleagues or colleagues and to subordinates or subordinates.

10. The lack of care provided that the worker or the worker had been repeatedly called upon to do so, or to be of such a kind that she produces a justified complaint from colleagues or colleagues who perform their work in the same premises as that.

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

12. Frequently originate rines and pendences with colleagues or colleagues.

13. The recidivism in a serious fault, even if it is of a different nature, provided that it is committed within a period of 6 months of the first.

14. All conduct, in the field of work, which seriously undermines respect for privacy and dignity through verbal or physical offence, of a sexual nature. If the aforementioned conduct is carried out in a hierarchical position, it will constitute an aggravating circumstance of that position.

Article 63. Penalties.

The maximum penalties that may be imposed on those who incur faults shall be as follows:

-For minor faults:

Verbal admonition.

Admonishment in writing.

Suspension of employment and salary up to two days.

-For severe faults:

Suspension of employment and salary from three to seven days.

-For very serious faults:

Suspension of employment and salary from twenty to sixty days.

Disable for a period of no more than five years for category promotion, except for promotions that occur automatically by age.

Dismissal with loss of all rights in the company.

Rules of Procedure. -Corresponds to the management of the company, with the knowledge of the workers ' representatives, the ability to discipline its personnel, in a disciplinary manner, in any case, provisions in force.

Fouls will be prescribed in accordance with the Workers ' Statute.

CHAPTER XVII

Trade union rights

Article 64. Union rights.

Companies recognize legally constituted trade unions and respect the right of all workers to be freely given.

Companies will admit that workers affiliated with a union can collect fees and distribute union information outside of the effective working hours without disturbing the normal business activity. They may also hold assemblies outside of working hours.

Article 65. Union activity.

In workplaces with a workforce of more than 25 workers and/or workers, the legally constituted and duly established trade unions will be able to insert communications into the bulletin boards that may be of interest to the members and affiliates of the Union and the staff of the centre, giving prior knowledge of them to the management.

The trade union sections incorporated in companies or, where appropriate, in the job centers that occupy more than 100 workers and/or workers, will be able to choose a Trade Union Delegate or Delegate that will have recognized the following functions:

a) Raising fees and distributing union information outside of business hours and without disrupting the normal business activity.

b) Represent and defend the interests of the Union to which it represents and its affiliates and affiliates in the workplace and serve as an instrument of communication between Union or Central and the Directorate.

(c) May attend meetings of the Committee of the Working Party and Committee on Safety and Hygiene at Work, if any, with a voice and without a vote.

d) You have access to the same information and documentation that the company must make available to the Business Committee, respecting the same guarantees and rights recognized by the Law to the members of the Business Committee as to such information and documentation, and being obliged to keep professional secrecy in all matters on which the address expressly points out the reserved character.

e) Will be informed and heard by the management of the company in the treatment of those problems of a collective nature that affect the workers and workers in general of their work center, and particularly the members and members of the Union working in that centre

f) Information will be given to workers 'and workers' representatives on any changes the company experiences, derived from change of ownership, merger, absorption or segregation.

The Trade Union Delegate or Delegate will have his or her duties to perform the trade union functions that are his or her own, adjusting, in any case, his or her conduct to the current legal regulations.

In workplaces with a workforce of more than 200 workers and/or workers, the legally constituted and duly established Trade Unions or Central Unions will have the right to, whenever it is materially feasible, the management of the work or enterprise is provided to the Trade Union Delegate or Delegate to use a local authority to enable them to carry out their specific trade union functions.

It is legally understood to be those Trade Unions or Central Unions which are registered in the Office of the Deposit of Statutes and are duly accredited.

Unions or Central Unions that credit a parent of more than 10% of the work-centre template shall be properly understood.

Article 66. Assembly of Workers and Workers.

The staff of an Enterprise or Work Center has the right to meet in Assembly that may be convened by the Delegates or Delegates of Personnel, Business Committee or Labor Center, or by a number of workers and workers not less than 33% of the workforce.

The Assembly shall be chaired in any case by the Enterprise Committee or by the Delegates or Delegates of Personnel, jointly, who shall be responsible for their normal development, as well as for the presence in the assembly of staff. belonging to the company. Only matters which have previously been on the agenda may be dealt with therein.

The Presidency shall communicate the call and the names of the persons not belonging to the undertaking to attend the Assembly and shall agree with the latter with the necessary measures to avoid disturbances in normal activity. work.

When all the template cannot be met simultaneously without prejudice or alteration in the normal production development, the various partial meetings to be held shall be considered as a single and dated on the day of the first.

Article 67. Trade union hours.

In companies or workplaces in which the legal representation of the staff corresponds to the Business Committee, by application of the current labor law, the members of the company may waive all or part of the credit hours corresponding to him in favour of another or other members of the Committee.

In order for all of the above to take effect, the transfer of hours must be notified to the company in the month preceding its use, in writing signed by transferor and transferee, with the expression of the Union of belonging, number of Ceded hours, month to which correspond and activity motivating the cession.

In no case may the hours used in one month be transferred to the following, either individually or collectively.

Trade union delegates and delegates, delegates and delegates of staff and members of the Business Committee whose remuneration is partly set by sales commissions, shall be charged from the time of their choice and during the course of their the use of the hours of guarantee, the amount corresponding to the average commission obtained during the days actually worked for the month in question. If the number of days worked in the month for accumulation of hours were not significant, it shall be taken as a reference for the calculation of the last month worked without significant incidence of the trade union hours.

CHAPTER XVIII

Mixed Committee

Article 68. Constitution and functions.

A Joint Joint Committee set up by representatives of the Convention's signatories and trade unions will be set up. The Joint Committee shall have its registered office in Madrid, in the street Miguel Angel, n ° 1, dpdo., 3. º but may meet at any place after agreement between the two parties.

The functions of the Joint Commission will be as follows:

a) Authentic interpretation of the Convention.

b) Valuation of jobs of the same.

(c) Optional conciliation on collective problems regardless of the mandatory reconciliation to the SMAC or other competent bodies.

d) How many other activities tend to the practical effectiveness of the Convention. Opinions of the Joint Committee shall be adopted by joint agreement between the two representations.

Article 69. Procedure.

1. The Joint Committee shall consist of:

a) Six vowels for each of the representations, which may vary from one meeting to another. The parties may be accompanied by advisers and advisers in a maximum number of four for each of them, and for each meeting, they shall elect a moderator from among its members.

b) A Secretariat, to be elected among the members of the Joint Committee, and to take note of the treaty and to lift the agreements adopted.

2. The Joint Committee shall meet:

a) When both parties agree. (Extraordinary Meeting).

b) Once every two months on an ordinary basis. (Ordinary Meeting).

3. The Joint Committee shall be convened by the Secretariat of the Joint Committee. The call will be made in writing, with the place, date and time of the meeting, as well as the Order of the Day. It will be sent to members seven days in advance.

4. In the first call, the Joint Committee shall be considered validly constituted when the 2/3 of all the members of each of the two representations are present.

In the second Call, which will occur half an hour later, the assistance of half of each of the two representations will suffice.

5. The agreements shall be adopted jointly between the two representations and shall not be effective until the approval of the minutes in which they are recorded.

If an agreement is not reached, both parties, if they agree jointly, may submit to arbitration, conciliation or mediation to the SMAC or other competent body to which the reports referred to them will be forwarded. parties consider appropriate, together with the minutes of the meeting. The decision of the said bodies shall be binding, except in the case where both parties reach a subsequent or simultaneous agreement, in which case it shall prevail over that agreement, which shall be null and void.

Relapse resolution, will produce reconciliatory compromise before the SMAC or other body (with or without mediation) or agreement inter partes this will be fulfilled in its own terms and will not be able to be ignored its compliance nor to exercise, by none of the two parties, any conflicting action, of lockout of strike tendent to their non-observance, modification or annulment.

6. When both parties consider it appropriate and so agree, restricted Work Commissions will be created to deal with specific and predetermined topics. These Commissions will draw up the papers which will then be submitted to the Joint Committee and will not be binding, but will be of a rather consultative nature.

7. The Secretariat will have its address in the street Miguel Angel n. º 1, dpdo., 3. º, 28010 Madrid, and its functions will be as follows:

-Call the parties 7 days in advance.

-Give input and distribute to the members of the Commission the queries received.

-Take a record of the approved minutes and release certifications from their agreements.

-How many other tasks are entrusted to you by the agreement of the Joint Commission for its best operation.

Article 70. Consultations with the Joint Committee.

Those companies that do not adhere to any of the Convention's signatory associations that wish to make consultations or need the intervention of the Joint Commission, must, at the same time as they formulate their consultation or request the Intervention by the Commission, to send the amount of EUR 150, per consultation, to help pay for the costs incurred.

All inquiries by workers, workers and companies must be dealt with necessarily by the organizations that are signatories to the Convention.

CHAPTER XIX

Autonomous Workplace Conflict Solution

Article 71.

Parties to this Convention declare their voluntary adherence, in the event of a conflict, to the provisions of the Fifth Agreement on the Autonomous Solution of Labor Conflicts or to the one that replaces it.

Discrepancies that may arise in the development of the functions of the Joint Commission in accordance with the provisions of this Convention may be resolved in the process of mediation and/or arbitration by the systems of out-of-court settlement of existing conflicts.

In each case the question will be submitted to the system which, by the territorial scope of the conflict, is competent and according to the rules of each one of them.

CHAPTER XX

Equal opportunities for men and women

Article 72.

The principle of equality is enshrined in this Chapter, and the prohibition of gender discrimination in the workplace is regulated. In addition, in order to facilitate the fulfilment of the obligation to draw up and implement the equality plans in enterprises, rules and criteria are provided for the service of the negotiating parties in the field of the enterprise for the purposes of negotiation and agreement of the corresponding equality plan.

The Equality Commission of the National Collective Convention of the Paper and Graphic Arts Trade Cycle will evaluate and propose equality measures, assuming the functions of the same in the field.

Article 72.1. Principle of equal treatment and opportunities.

Women and men are equal in dignity, as well as in rights and duties.

The principle of equal treatment between women and men implies the exclusion of all discrimination, whether direct or indirect, by reason of sex or gender; and in particular, those arising from maternity, the assumption of obligations family and marital status.

By means of the regulation contained in this chapter, the right of equal treatment and opportunities, between women and men, in the field of companies in the sector of the Paper and the Trade Cycle of Paper and Graphic Arts in particular through the elimination of discrimination against women, whatever their circumstance or condition; in accordance with the provisions of the LO 3/2007, of March 22, for the effective equality of women and men.

Article 72.2. Prohibition of discrimination on grounds of gender.

(a) Access to employment. -No one can be discriminated against on the basis of sex or gender in access to work. Job vacancies must, in any case, be made to both men and women and may not, directly or indirectly, exclude any worker or worker on the basis of gender. The selection tests performed by the companies may not make any difference or advantage related to the gender of the candidates and candidates. The recruitment of workers and workers may not be determined in the light of the gender condition of the worker or worker, except in the case of the establishment of positive action measures in favour of the represented infra-sex be established at the company level.

(b) Professional classification. -The system of professional classification established by this Agreement is based on common criteria for workers of both sexes and has been established by excluding discrimination on grounds of sex.

(c) Professional promotion. -In the regulation contained in this Agreement on professional promotion and promotion, it is sought, through the introduction of measures of positive action, to overcome the deficit of the presence of women in the most qualified categories and professional groups.

(d) Vocational training. -The training actions of companies to their employees will tend to overcome the situation of professional postponement suffered by women in the field of work. For this purpose, quotas, reserves or other advantages may be established in favour of underrepresented sex workers, in the field to which those activities of vocational training are intended.

(e) Remuneration.-For the same work or for a work to which the same value is attributed, discrimination shall be eliminated, either directly or indirectly, by reason of sex, in all the elements and conditions of the remuneration, in the (a) the fixing of the remuneration levels, salary tables and the determination of any economic items, shall take particular account of the application of this principle of equal pay on grounds of gender; indirect discriminations.

(f) Conditions of employment.-In the determination of the other working conditions, including those relating to the termination of the employment contract, the sex or gender of the worker cannot be taken into account workers concerned; unless it has been established as an express measure of positive action, in order to facilitate the recruitment or maintenance of the employment of workers whose gender is represented, and provided that the It is reasonable and proportionate.

g) Protection from discriminatory harassment on grounds of sex and sexual harassment.-The situation in which non-performing behaviour occurs is not tolerated in companies in the Paper and Arts Trading Cycle. desired, related to the sex of a person, with the purpose or effect of attacking the dignity of the person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. The situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs, with the purpose or effect of attacking the dignity of a person, in particular when creating an environment, shall not be tolerated. intimidating, hostile, degrading, humiliating or offensive.

Within the Equality Commission the parties will negotiate a protocol of moral, sexual harassment and harassment on grounds of sex.

The Equality Commission will specifically assume and exercise the powers of the Joint Committee of the National Collective Convention on the Trade in Paper and Graphic Arts on matters relating to equality between women and men in the field of work.

The Equality Commission will monitor the implementation of the equality measures provided for in this Agreement, as well as the equality measures and the equality plans in enterprises.

Within the Equality Commission, new measures on equal treatment and opportunities for women and men may be proposed for inclusion by the Negotiating Commission, where appropriate, in the Collective Agreement. Paper and Graphic Arts Trading Cycle national.

The Sectoral Equality Commission of the National Collective Agreement of the Paper and Graphic Arts Trade Cycle will seek from the Government, the promotion measures to promote the voluntary adoption of equality plans, especially addressed to small and medium-sized enterprises under the National Collective Agreement on the Trade in Paper and Graphic Arts Cycle; provided for in Article 49 of the Law for Effective Equality between Women and Men.

Article 72.3. Equality plans in Paper and Graphic Arts Trading Cycle companies.

1. In Paper and Graphic Arts Business Cycle companies that have a workforce of more than 250 workers and/or workers, they will have to develop and implement an Equality Plan.

2. The negotiation of the Equality Plan in each company will be carried out in an Equality Commission that will be constituted as a part of the company, thus designating the company's management half of its components, and corresponding the designation of the other half. the union representations present in the company, keeping the unions ' proportionality, according to the overall results of the election.

3. If, during the negotiation of the Equality Plan, the situation of blockade occurs within the Equality Commission of the company, any of the parties present in it may request a mediation process with the Joint Committee of the National Collective Agreement on the Trade in Paper and Graphic Arts, which in the framework of the Extractive Conflict Settlement Agreement (ASEC) will constitute for this purpose a mediation body within the Interconfederal Mediation Service and Arbitration (SIMA). If the mediation concerned fails to unblock the situation, the dispute would be settled by an arbitration award under the obligation of the SIMA, constituting this precept prior and binding arbitration commitment for the parties.

4. In the event that workers are not represented in the company, the latter will draw up the Equality Plan and, in any event, copy it to the Joint Committee of the National Collective Convention on the Trade in Paper and Arts Graphs for knowledge of their content and monitoring of their application. To this end, the Commission may collect information from the undertaking on the assessment of the implementation of the measures provided for in the Equality Plan.

5. The Equality Plan, which shall be formalised in writing, shall include the whole of the undertaking, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

6. First, the Equality Commission in the company will make a diagnosis of the situation in each of its workplaces and as a whole.

7. The Equality Commission in the company will then set the concrete objectives of equality to be achieved. The strategies and practices to be adopted for the achievement of the objectives of equality laid down will also be established; through measures of access to employment, professional classification, promotion and training, remuneration, and work and prevention of discriminatory harassment on grounds of sex and sexual harassment. In this sense, the measures, which may be of positive action, will aim to achieve equal treatment and equal opportunities for women and men and to eliminate discrimination based on sex.

CHAPTER XXI

Specific measures to prevent sexual harassment and harassment by reason of sex in the work and protocol of action in the field of companies of the Trade Sector of the National Collective of the Cycle of Commerce Paper and Graphic Arts

Article 73. Introduction.

Companies should promote working conditions that prevent sexual harassment and harassment on the basis of sex and to arbitrate specific procedures for their prevention and to give caution to complaints or complaints that they may formulate. who have been the subject of the same.

To this end, measures can be established to be negotiated with unitary labour representation and, where appropriate, union representation, such as the elaboration and dissemination of codes of good practice, carrying out information campaigns or training actions.

Both unitary and union representation should contribute to the prevention of sexual harassment and harassment on the basis of sex at work by raising awareness among workers and workers, informing the the company's management of the behaviors or behaviors on which they were aware and which could lead to it.

Article 74. Definition.

Article 7 of Organic Law 3/2007, of March 22, for the effective equality of women and men, defines sexual harassment as any behavior, verbal or physical, of a sexual nature that has the purpose or produces the the effect of undermining the dignity of a person, in particular when creating an intimidating, degrading or offensive environment and harassment on grounds of sex such as any behaviour carried out on the basis of the sex of a person, for the purpose or the effect of attacking their dignity and creating an intimidating, degrading or offensive environment.

Article 75. Adoption of a code of conduct.

Without prejudice to the provisions of this article, as a preventive measure in sexual harassment and sexual harassment situations, it is proposed that companies in the business cycle of paper and graphic arts-with the appropriate adaptations to the "Code of Conduct on Measures to Combat Sexual Harassment" drawn up by the Commission of the European Communities, in compliance with the Commission Recommendation of 27 November 1992 /131/EEC, on the protection of the dignity of women and men at work, and which works as an Annex I to the present chapter.

The purpose of the Code of Conduct, which is set out in Annex I, is the dissemination of the Code of Conduct within companies, thereby providing them and their staff with practical guidance on the protection of women. and the man at work, and establishing clear and accurate recommendations and procedures to prevent sexual harassment and harassment on grounds of sex.

Article 76. Protocol on the performance of the companies in the Sector of the Paper and Arts and Graphic Arts in the cases of sexual harassment and harassment on the basis of sex.

The principles in which the protocol of action is based are the effectiveness and effectiveness of the procedures, as well as the speed and confidentiality of the procedures.

(a) Informal procedure.-In the light of the fact that in most cases the intention is simply that the undesired conduct should cease, first and as an unofficial procedure, the possibility of following a informal procedure, under which the person concerned clearly explains to the person showing the unwanted behaviour, that such conduct is not well received, offensive or uncomfortable, and that it interferes in his work, in order to to cease in the same. Such an unofficial procedure may be carried out, if the person concerned so decides and, at his choice, by a representative of the employees in the undertaking, both the unitary and, where appropriate, the trade union body, by the immediate superior or the immediate superior, or by one or a person in charge of the company's personnel department. The present procedure may be appropriate for the alleged non-direct, but environmental, workplace harassment, in which what is affected is the work environment, creating an offensive, humiliating, intimidating or hostile work environment.

(b) Formal proceedings. -In cases where, as a result of direct harassment, due to the circumstances of the case, or because the informal procedure has been unsuccessful, the procedure is not appropriate, formal procedure according to the following rules:

1. The formal procedure shall be initiated with the submission of a letter, which shall include the list of incidents, as detailed as possible, drawn up by the person concerned who is the subject of sexual harassment. The person to whom the letter is addressed shall be, at the choice of the person concerned, a person responsible for the department of staff, or a person from the management of the undertaking. Also, if the worker or worker so decides, a copy of the same will be transferred to the unit and union representation in the company.

2. The presentation of the document shall give rise to the immediate opening of an information file, which is intended to ascertain the facts, giving a hearing to all the interveners, including the unitary representations and, where appropriate, If the person concerned is not opposed, and the number of proceedings is deemed necessary in order to determine the accuracy of the facts.

3. During the processing of such actions, the persons involved or involved, if they so wish, will be allowed to change the job, provided that this is possible, until a decision has been taken in this respect.

4. The intervention of all the actuators, including any witnesses and, where appropriate, the unitary or trade union representatives of the staff, must observe the confidential nature of the proceedings, for directly affecting the privacy, dignity and honorability of people. Due respect will be observed both to the person who has filed the complaint and to the person who is the subject of the complaint.

5. The finding of the existence of sexual harassment or by reason of sex shall result in the imposition of the penalties provided for in Article 62.3.15 of this Convention of the National Collective of the Trade in Paper and Graphic Arts.

6. Where the finding of the facts is not possible, and no disciplinary action is taken, in no case will the complainant be represented, rather the situation will be monitored with particular attention to ensure that the harassment is not produces. In addition, and whenever possible, an organisation of work shall be sought to prevent the continued contact of those affected.

ANNEX I

Code of Conduct on Sexual Harassment and Sexual Harassment for Companies in the Paper and Graphic Arts Cycle Sector

I. The management of the company expresses its concern and commitment to avoid and resolve the alleged sexual harassment and harassment on the basis of sex, and to such effects it expresses its wish that all personnel be treated with dignity, not allowing tolerating sexual harassment and harassment on the basis of sex at work.

II. Sexual harassment means the situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs for the purpose or effect of attacking the dignity of a person, in particular when creating an environment bullying, hostile, degrading, humiliating or offensive. Sexual harassment is understood to mean 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.

III. All people have a responsibility to help create a working environment in which dignity is respected. For their part, the persons in charge of each department shall ensure that sexual harassment and harassment on grounds of sex in the sectors under their responsibility do not occur.

IV. All staff have the right to file a complaint if there is sexual harassment or harassment on grounds of sex, which will be treated with seriousness, promptness and confidentiality. It shall contain the description of the incidents and shall be addressed, at the choice of the person concerned, to a person responsible for the department of staff or to a person from the management of the undertaking.

V. Article 61.3.15 of the National Collective Agreement on the Trade in Paper and Arts Cycle provides that it is a very serious, punishable-by-option of the company-with a suspension of employment and a salary of 20 to 60 days; Disablement for a period not more than five years for promotion of category, except for promotions which are automatically produced by reason of age; Forced transfer of service to a different locality and Despid with loss of all rights in the undertaking, " All conduct, in the employment, which seriously undermines respect for privacy and dignity through verbal or verbal offending physical, of a sexual nature. If the aforementioned conduct is carried out by prevailing in a hierarchical position, it will constitute an aggravating circumstance of that position. "

ANNEX II

Pay Tables 2016 and 2017

Head/Branch of Branch.

Administrative Officer/Administrative Officer.

Professional 1.

Area

Professional Group

Position

Tables 2016 1%

Tables 2017 1%

Administration and Enterprise Management.

0

Director/General Manager.

23,126.66

23.357.92

Director/Division Director.

21.748.99

21.966.48

Director/Department Director.

20.812.60

21,020,72

I

Top Grade Titled/Titled.

22.796, 69

23.024.66

Head of Purchasing.

19.490.08

19,684,98

Chief of Staff.

19.490.08

19,684,98

Computer Officer.

19.490.08

19,684,98

Financial Officer.

19.490.08

19,684,98

Titled/Medium Grade Titled.

19,489.49

19,684.38

Manager.

17.726.10

17.903.36

III

Accounting.

16.403.55

16.567.59

Administrative Officer/Administrative Officer.

15.025, 63

15.175.88

Programmer/Programmer.

16.403.55

16.567.59

Administrative/Administrative Customer Care.

14,418.96

14.563.15

Technical/Technical Maintenance.

14.268.90

14.411.59

Technical/Technical Systems Information Systems.

14,418.96

14.563, 15

IV

Admistive Auxiliary/Administrative Auxiliary

13.813, 42

13.951.55

Telefonista.

13.565.29

13.700,94

Trade Establishment Organization.

I

Head of Sales.

19.490.08

19,684,98

Enloaded/General loaded.

19.490.08

19,684,98

22.796.69

23.024.66

Establishment Manager.

16.978.57

17.148.36

Titled/titled Middle Grade.

19.489, 49

19,684.38

Group Chief/Head.

16.513.21

16.678.34

Enloaded/Enloaded with Establishment.

16.183.06

16.344, 89

17.782.18

17.960.00

Manager.

17.726, 10

17.903.36

III

14,915.94

15.065.10

14.582.91

14.728.73

Trade Representative.

14.582.91

14.728.73

Administrative/Administrative Customer Care.

14,418.96

14.563, 15

15.025.63

15.175, 88

IV

Teleoperator/Teleoperator.

14.225, 72

14.367.98

Box Auxiliary.

13.868.54

14,007.23

Auxiliary Administrative Admistive/Auxiliary.

13,813.42

13.951.55

V

Establishment Wizard.

13.565.29

13.700, 94

Third

Logistic Services.

I

Head/Head of Logistics Section.

17.782.18

17.960.00

Titled/Entitled from Top Grade.

22,796.69

23.024.66

II

Head of Store.

17.745, 68

17.923.14

Head of Transport.

16.224.59

16.386.84

Manager.

17.726.10

17.903.36

Titled/Medium Grade Titled.

19.489, 49

19,684.38

III

Enloaded/Logistic Unit loaded.

14,645.98

14.792, 44

14,645.98

14.792, 44

Administrative Officer/Administrative Officer.

15.025.63

15.175, 88

IV

Repartidor Driver/Driver Driver.

14.225.72

14.367.98

Professional 2. ª

14.173.82

14.315.56

Logistic Operary/Operaria Logistica.

13,689.68

13,826.58

13,813.42

13.951.55

13.951,55

V

Empacker Mozo/Empacker Moza.

13.565.29

13.700,94

Auxiliary Services Personnel.

13.565, 29

13.700,94

Cleaning staff for hours * (this calculation is done on a daily basis with entitlement to 15 pages and one holiday month.

5.49

5.55

Diet day.

8.90

8.99

Full day Diet.

12.72

12.84