Advanced Search

Resolution Of 12 December 2001, Of The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The State Convention Ii For The Sector's Regulation Of The Parking Limited Of Vehicles In The Vi...

Original Language Title: Resolución de 12 de diciembre de 2001, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del II Convenio Estatal para el Sector de Regulación del Estacionamiento Limitado de Vehículos en la Ví...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Having regard to the text of the II State Convention for the Sector for Regulation of the Limited Parking of Vehicles in the Public Way through the Control of Schedule and Compliance with the Apparatus Regulations (Code of Convention No. 9912845), which was signed on 2 August 2001 by the National Association of Parking Regulation Companies (ANERE) on behalf of the companies in the sector and the other by the FETCM-UGT Trade Union Organization in representation of the workers concerned and in accordance with the provisions of Article 90 (2) and 3, of the Royal Legislative Decree 1/1995, of March 24, for which the recast text of the Law of the Workers ' Statute is approved and in Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address resolves:

First. -Order the registration of the aforementioned Collective Agreement in the corresponding Register of this Steering Center, with notification to the Negotiating Commission.

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

Madrid, December 12, 2001. -Director General, Soledad Cordova Garrido.

GENERAL COLLECTIVE AGREEMENT OF NATIONAL SCOPE FOR THE SECTOR OF REGULATION OF THE LIMITED PARKING OF VEHICLES ON THE PUBLIC ROAD, THROUGH CONTROL HOURS AND COMPLIANCE WITH THE PARKING ARRANGEMENTS

PRELIMINARY TITLE

CHAPTER I

Article 1. Signatory parties.

These are parties to the present General Convention, by business, the National Association of Companies of the Sector of the Limited Parking of Vehicles on the Public Road (ANERE) and by the workers, the Federation State of Transport, Communications and the Sea of the General Workers ' Union (UGT), recognizing each other's legitimacy to negotiate the present Convention.

Article 2. Efficacy and Obligation Obligations.

This Convention is supported under Article 83.1 and 83.2 of the Royal Legislative Decree 1/1995, Text recast of the Workers ' Statute, in connection with its Sixth Transitional Provision, obliging companies and workers falling within their functional, personal and territorial scope.

To this effect, and in the field to which the present Convention affects, it replaces in its integrity the Labor Ordinance for the Companies of the Transports by Road and to any agreement, pact or Convention of any normative range that for the same area would have been agreed to extend the validity of that.

This Convention is open to the accession of other representative trade union and business organisations in different areas to those agreed upon.

Article 3. Structure of collective bargaining.

Under this Convention, the structure of collective bargaining within its scope is defined in accordance with the following substantive levels of conventions, each of which has to fulfil a specific function:

1. General Agreement of the Sector for Regulation of Limited Parking of Vehicles, by means of control hours and compliance with the Parking Regulations: With a vocation of long-term permanence and stability, it replaces the Ordinance Work for the Road Transport Companies of 20 March 1971, for the sector of companies regulating the limited parking of vehicles on the public road through the control of the compliance of the parking arrangements and their The content of the directive is intended to be used for the purposes of the directive. the scope and the validity of the convention itself.

2. Provincial collective agreements, or in their case, of Autonomous Community. -They shall be periodic renewal and aim to develop the matters of the provincial negotiating scope or, where appropriate, apply in each province or autonomous community the contents of the agreements at national level which may be produced during the term of this General Convention.

Such agreements may have as their object, inter alia, the following:

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

b) The establishment of wage bands.

c) Any other matters that the parties agree to.

3. Collective agreements of undertakings. -With regard to the same collective agreement, it will have the character of a supplementary rule except in those matters in which its complementarity is agreed.

Article 4. Business coverage.

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

Article 5. Concurrency of Conventions.

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

Article 6. Hierarchy principle.

The concurrency between conventions of different scope will be resolved subject to what is agreed in this General Agreement in relation to this matter.

Article 7. Safety principle.

The lower-level agreements with this national that are in force at the time of the signing of the interprofessional agreements and other agreements at the state level, will maintain their validity, in all their content, until their end. temporary, except that, by agreement of the interveners entitled in each negotiating unit, they decided to take advantage of the new conditions defined in the collective bargaining of superior scope.

Article 8. Principle of consistency.

Agreements taken in the negotiation of a lower territorial scope which contradict the content of the rules laid down in the agreements at higher level shall not apply, without prejudice to the provisions of paragraph 1. third of Article 11 of this General Convention and Article 3 (3) of the Staff Regulations.

Article 9. Principle of territoriality.

The provincial convention, or in its case, a self-governing community, in force in the place of effective delivery of services, will be applicable.

Article 10. Principle of complementarity.

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

Article 11. Distribution of materials at different levels of negotiation.

The distribution and coordination scheme for negotiating competencies between the different levels will be applied in accordance with the following rules:

First.-The following subjects are reserved for the general state-wide negotiation:

General conditions of entry into companies.

Modalities of hiring workers in the Company.

Test Periods.

Classification and professional categories.

General principles of management and delivery of work.

Minimum standards for geographic and functional mobility.

Professional training.

promotions.

Maximum effective work day.

Concepts and structure of economic perceptions, both wage and non-wage.

Organs of representation of workers in the company.

Suspension and extinction of the employment relationship.

Fouls and penalties.

Occupational health and prevention of occupational risks.

Exceeds.

Out-of-court dispute settlement procedure.

Second. -In the negotiation of a provincial or, if appropriate, autonomous, areas, they will be specific subjects of collective bargaining:

The binding content of the conventions.

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

Provincial and local calendars that concretize the distribution of the annual working day.

Annual holidays.

Licenses and permissions.

Any other matters not covered by the higher scope conventions.

Any other matters expressly referred to by the agreements of a higher level than those of the lower ones.

Third. -In the negotiation of a specific undertaking already existing, only and exceptionally, the matters referred to in Article 84 of the Staff Regulations are reserved for the negotiation of the State-wide scope, the maximum effective working day, concepts or criteria defining the salary structure, as well as those related to Occupational Health, Vocational Training and procedures for the out-of-court settlement of disputes (ASEC).

The other matters referred to in the first paragraph of this article and agreed by the parties have the consideration of negotiable in the framework of the collective bargaining specific to those collective agreements of company, existing to the signature of this General Convention.

Article 12. Reserves material from the state level.

In compliance with the formal requirements laid down in Article 83.2 of the Workers ' Statute, it is evident that the matters listed below may not be negotiated in the areas below the State level. in Article 11, the first rule of this Convention, and those which are reserved for the future in that area, with the exception of collective agreements of undertakings as specified in the third paragraph of the previous Article.

Article 13. Functional scope.

This General Convention is mandatory for all companies in the sector, whose main activity is the regulation of the limited parking of vehicles on the public road through time control and compliance with the arrangements for parking, control of the ORA, maintenance of parking meters and in general blue zones or any other complementary or ancillary activities and basic for the operation of the ORA, such as the withdrawal of vehicles in the blue zone where applicable.

Article 14. Personal scope.

This Convention is a must for all companies within the functional scope referred to in the preceding article and for the workers who provide their services.

The management staff is excluded from the scope of this Convention.

This staff is free to be appointed by the company. Their employment relationship shall be governed by their employment contract and, where appropriate, by the special rules applicable to them.

Article 15. Territorial scope.

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

Article 16. Material scope.

1. This Convention regulates the general working conditions in all the fields of the preceding Articles, replacing the same in the same way as the Labour Ordinance for the Road Transport Enterprises of 20 March 1971 and agreements, agreements and conventions of any level which would have extended it.

2. It comprises and develops the matters reserved for the negotiation of a general state within the meaning of Article 11 of this Convention, with the exception of the said agreements on specific collective agreements of undertakings, which already exist for the signature of this Agreement. General Agreement.

Article 17. Temporary scope.

This Convention shall extend its validity until 31 December 2003, without prejudice to the provisions of the following Article.

Your entry into effect will occur on the day after your signature.

Article 18. Complaint procedure for revision of the Convention.

1. The revision of the Convention may be requested in writing by any of the parties to the Convention, at least two months before the end of its term.

2. The party making the complaint shall accompany a specific proposal on the points and content of the requested review.

This communication and the proposal will be sent to the General Labour Directorate of the Ministry of Labour and Social Affairs for the purpose of registration.

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

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

Article 19. More beneficial conditions.

The most beneficial conditions for workers to be recognised in a personal capacity by companies will be respected when this Convention or any other lower-level contract enters into force.

Article 20. Linking to the whole.

1. Where the agreed conditions are all organic and indivisible, this Convention shall be null and void and shall be without effect in the event that the competent jurisdiction annuls or invalidates any of its covenants.

If such an assumption is made, the signatory parties to this Convention undertake to meet within 10 days of the determination of the relevant resolution in order to resolve the problem raised. If, within 45 days of the date of the determination of the resolution in question, the signatory parties do not reach an agreement, they undertake to set the schedule of meetings for the renegotiation of the Convention as a whole.

2. A binding clause shall be included in the collective agreements covering all the areas provided for in this Convention.

Article 21. Joint Joint Committee.

Both negotiating parties agree to establish a Joint Commission of Interpretation and Monitoring of the implementation of this agreement.

This Joint Committee will be composed of 4 union representatives and 4 of the business organization's signatories.

In the act of its constitution, the Joint Committee, in plenary session, will elect two secretaries, one from business and one from the labor union.

In addition, the Commission may be interested in the services of occasional or permanent advisers in matters falling within its competence, which will be freely designated by the parties.

The Commission will draw up its own rules of procedure.

The agreements of the Commission shall require the favourable vote of the majority of the members of each of the parties, in the understanding that if one of the parties is to attend one of its calls, they shall not be some of its members, the assistants of that party shall have four votes in which to put to the vote any of the questions.

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

The Commission will have the following functions:

1. The interpretation of the Collective Agreement as well as the monitoring and compliance of the Collective Agreement.

2. To extend, prior and compulsory to the administrative and judicial route, in relation to the collective conflicts that may be brought by those who are entitled to do so, with respect to the application and interpretation of the provisions of this Agreement, without it being possible to give rise to delays affecting the actions of the parties, so between the entry of the application for intervention and the relevant resolution, no more than 15 days, as they are exceeded, the corresponding route will be issued for the mere course of the period. The decisions taken by the Commission in such conflicts will have the same regulatory effectiveness as the clauses of this Agreement.

3. It may draw up an annual report on the extent to which the Agreement is complied with, the difficulties arising in its application and interpretation, as well as those issues which the parties present in the Commission consider suitable for better development and application of the same, including by recavating the timely information to those affected.

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

5. In accordance with Article 92.2 of the Workers ' Statute, this Commission will be responsible for issuing the prior report to proceed with the extension of the Collective Agreements.

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

7. To carry out a follow-up work on the objective dismissals.

8. How many other functions are derived from the provisions of this Agreement.

The address of the Commission is constituted for all intents and purposes, at the headquarters of ANERE, sita at 28014 Madrid, Calle Espalter, 15, fifth left.

Article 22. Accession to the Interconffederal Agreement on Extracualsof Labour Conflict.

When the Joint Joint Committee fails to reach agreement on the settlement of the conflicts to which it is subject, pursuant to the previous Article, the parties are obliged to take the route laid down in the Interconfederal Agreement. On the issue of the current Extractive Conflict Resolution (ASEC), an agreement and a regulation that the parties have ratified.

TITLE I

CHAPTER I

General Conditions of Income

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

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

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

Test Period

All work income will be carried out with a given test period, according to the following maximum scale, according to the classification of the personnel carried out in different professional groups:

Senior and technical staff: Six months.

Administrative and operating personnel: Three months in contracts of duration equal to or greater than one year, with one month being for contracts of lower duration.

Contracts

Article 23. Mode of contracts.

(A) The eventual contract governed by Article 15.1 (b) of the Staff Regulations.

A-1) The maximum duration of this contract shall be six months within a period of twelve and in the case of a lower term, it may be extended by agreement of the parties, without in any case being exceeded by the parties. cited for six months as the maximum cumulative limit.

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

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

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

C) Contract for a given work or service. For the purposes of Article 15 (1) (a) of the recast text of the Law on the Staff Regulations, without prejudice to other contents or objects of this kind, they are generally identified as tasks or services with This is a very important and sufficient basis for the activities of companies in this sector which could be covered by this contract, the following:

Conference seasons, parties, fairs and exhibitions, promotions and special sales of services and products of our own or third parties.

D) Contract for the promotion of indefinite procurement, approved as a result of the Interconfederal Agreement for Stability in Employment, and regulated in the legislation in force at any time. At present, all the provisions of Law 12/2001, of July 9, of Urgent Measures of Labor Market Reform for the Increase of Employment and the Improvement of its Quality will apply.

CHAPTER II

Staff Subrogation

Article 24. Subrogation of staff.

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

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

In the case of termination, loss, termination, concession, redemption or reversal of a contract, as well as any other figure or modality that involves the replacement of entities, natural or legal persons, carry out the activity in question, the employees of the outgoing company will be assigned to the new company or public entity that will perform the service, respecting the rights and obligations that they enjoy in the company replaced.

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

1. Active workers who carry out their work in the contract with a minimum age of the last three months prior to the 1st official Convocation of the contest for the award of the "hires", published in the medium that in each case (a) the extent to which he or she is in the form of his employment contract, irrespective of whether he has worked in another contract before the said period.

2. Workers, entitled to a job reserve, who at the time of the actual completion of the contract have a minimum seniority of the last three months prior to the 1st official call of the new contest for the award of the "hires", published in the medium that in each case corresponds, and are sick, accidents, in excess, vacation, leave, maternal rest, military service or analogous situations.

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

4. New income workers who, due to Customer's demand, have joined the contract of services as a result of an extension that lasts in the following contract, with an age of the last three months prior to 1.a Official call for the new

contract for the award of the contract, published in the medium that in each case corresponds.

5. Workers who replace others who retire after 64 years of age within the last three months prior to the 1st official Convocation of the new contest for the award of the "hires", published in the medium that in each case corresponds; and contract workers in the form of contract of Rraise, who have a minimum age in the same one of the last three months prior to the official Convocation of the new contest for the award of the "hires".

All of the above assumptions must be credited and documented by the outgoing company or public entity to the incoming, by means of the documents detailed in Article 28 and within the period of 10 working days from the time when, either the incoming undertaking, or the outgoing undertaking, provides the other undertaking with the change in the service provision.

Workers who would not have enjoyed their statutory holidays when the subrogation occurs, will enjoy them with the new service award, which will only pay the proportional part of the period corresponds, since the payment of the other period corresponds to the previous successful tenderer, which must be made in the corresponding liquidation.

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

Article 25. Division of contracts.

In the event that one or more contracts whose activity is carried out by one or more companies or public entities, they are fragmented or divided into different parts, zones or services to the object of their later The award of the contract will become attached to the new holder, those workers who have carried out their work in the outgoing company in the specific parts, zones or services resulting from the division produced, with a minimum period of three Last months before the 1st official Convocation of the new contest for the award of the "hire", published in the medium that in each case corresponds, regardless of his or her form of contract of employment, and all this even if previously they have worked in other areas, contracts or services.

Workers shall also be subrogated in cases 2 to 5 of Article 24, both inclusive, and have carried out their work in the resulting zones, divisions or services.

Article 26. Pool of contracts.

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

Workers shall also be subrogated in cases 2 to 5, inclusive of Article 24, and who have provided their services in the grouped contracts, divisions or services.

Article 27. Compulsory.

The subrogation of the personnel, as well as the documents to be provided, will operate in all cases of replacement of contracts, parts, zones, or services resulting from the fragmentation or division of the same, as well as in the (a) a group of undertakings which may be made, even if the normal replacements are between undertakings or public or private entities carrying out the activities of the services concerned, even if the legal relationship is established only between the one who awards the service on the one hand and the company that results (a) to be awarded on the other hand, where, in any event, the staff subrogation must be compulsory, in accordance with the terms indicated and regardless of the application, where appropriate, of the provisions of Article 44 of the Staff Regulations, as to the existence on the part of the outgoing businessman of other non-foreign contracts to which he is the object of succession.

Article 28. Documents to be provided by the outgoing company to the incoming company.

The outgoing company must provide the following documents to the incoming company:

Certificate of the Competent Body to be current for payment in Social Security.

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

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

Staff relationship specifying: Name and Surname, Social Security affiliation number, seniority, professional category, day, schedule, hiring mode and date of enjoyment of your vacation.

If the worker is a legal representative of the workers, the mandate of the worker will be specified.

Photocopy of staff work contracts affected by surrogacy.

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

CHAPTER III

Professional classification

Article 29. Professional classification.

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

Article 30. Professional groups.

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

(a) Superior and Technical Staff.

b) Administrative and Informatic Personnel.

c) Operating Control Personnel, and Maintenance.

d) Operating Personnel.

Article 31. Definition of the Professional Groups and description of their duties.

(a) Senior and Technical Staff.-The professional staff of the Superior and Technical staff includes those who are in possession of a higher and/or average degree, with diplomas from educational or professional teaching centers (a) the type of training provided for in the course of the course of the course of the year has been carried out by the Member State of the European Union, and the Commission is responsible for the implementation of the programme. their areas and fields of action, irrespective of whether they may be personal or not subordinate to his position.

The categories within this professional group will be as follows:

A-1) Superior Technician. -It is that personnel who are in possession of a Title issued by a Higher Technical School or College, exercises within the company, with direct responsibility, the functions of its own profession, irrespective of whether or not it has subordinate staff and performs or does not, in the usual way, carry out directives.

A-2) Technical Middle. -It is that personnel who are in possession of a Title issued by the Technical Schools of middle grade, exercises within the company, with direct responsibility, the own functions of their profession, whether or not he or she has staff in his or her capacity and does not perform any managerial duties.

(3) Diplomacy. -It is that staff who have a diploma issued by officially recognized or approved teaching centers, which does not require the conditions required, either by the Technical Schools or by the Faculties University, it carries out, within the companies, technical and specific functions for which it has been contracted by virtue of its diploma, whether or not it is personal under its dependence.

A-4) Technician not entitled. -It is that personnel who carry out, within the companies, technical and specific functions for which he has been contracted by virtue of a dilated and demonstrable experience, concourse or non-personal under his dependency.

Article 32. Definition of the professional and information professional group and its professional categories.

The professional subgroup of the Administrative Board understands those who, under the guidelines of the management of the company and using the operational and computer resources assigned to it, carry out the functions of their own its category in the field. It is composed of the following categories

I. B. 1) Head of Services. -It is who under the instructions of the Directorate, bears the responsibility of the organization, management and operation of the different departments or services in which the company is structured and has in charge and gives orders to the personnel requiring such departments or services.

I. B. 2) Head of Section.-Who, if any, is responsible for the management and management of one or more of the sections that make up the departments or departments in which the company is structured, the work and the staff that he depends on.

I. B. 3) Administrative Officer. -It is that staff who are in charge and develop with appropriate professional preparation, administrative tasks of the departments, services or sections of the administration of a company, exercising them with initiative and responsibility and that may or may not have personnel under its supervision.

I. B. 4) Administrative Auxiliary. -It is that personnel who perform elementary administrative functions or of little complexity and in general, those functions that are fundamentally mechanical and with little degree of initiative. You should know how to detect and resolve operational problems such as machine or operation errors, as well as the complementary functions of handling a telephone and fax machines.

II. (b) The professional sub-group of IT staff includes those who perform the functions of the Systems and the Organization.

II. B. 1) Data Processing Analyst. -Is that staff who verifies organic analysis of complex operations to obtain the mechanized solution of the same, as far as: chains of operations to follow, documents to obtain, design of the The same, files to be processed and to define their treatment and complete elaboration until their completion, of the technical files of complex applications.

II. B. 2) Programmer. -It is that staff who study the predefined complex processes, draw up detailed organigrams of the treatment, write programs in the programming language that is indicated to him and make test tests, programs, complete technical files for them, and documents the console manual.

II. B. 3) Operator. -It is who manipulates and controls computers equipped with operating systems capable of working in multiprogramming, mainly equipment and programs of a complex nature. You should know how to detect and resolve operational problems by defining them as machine or operation errors.

Article 33. Definition of the professional control group.

The professional group of Control of Exploitation personnel is composed by those who, with the necessary knowledge and under the orders and supervision of the staff assigned to the professional group A, have their orders to the assigned personnel to the professional group D. Adopts measures for the due order and exercise of the services, determines and controls the correction and discipline of the services or areas in its charge, carrying out works of the utmost confidence and discretion, under the orders direct staff assigned to professional groups A and B.

C. 1) Head of Center. -It is the staff who under the direction of the management takes responsibility for the organization and operation of the Work Center, coordinating the services existing in the Center.

C. 2) Operating Charge: It is the employee who under the orders of the Head of Center or his immediate superior is in charge of orienting, directing to the unit or section, distributing the works among the maintenance technicians, inspectors, drivers and other persons who are dependent on him.

Article 34. Definition of the professional working group.

The working group of the operating staff is composed of those who, under the specific management of the higher and technical staff, carry out the various works and tasks of the operation and concrete operation of the Job centres of the companies, which are entrusted to them in line with their specific trade or knowledge. It consists of the following professional categories:

D. 1) Inspector. -Is the employee who oversees and supports the work of the Blue Zone Controllers, to determine the correction in the work and the standards outlined by the Company. You will be able to perform works that require maximum confidence and discretion under the orders of your Immediate Chief.

D. 2) Controller. -It is the staff who habitually perform their work in the street, over 18 years old, which has as basic functions the control of the vehicles parked in the Blue Zone (O. A., Area O. T. A., O. L. A., E. S. R. O .....), verification that the vehicle is or not in possession of a parking enabling title, and when it has it if it meets the time agreed by the user and in the convenient zone.

In the case where appropriate you must make the corresponding notice of denunciation, you must inform the users of the compliance of the Municipal Ordinance in this respect, under the orders of its immediate superior.

You must attend to the public giving the appropriate explanations of the expendora machine and inform you of any doubts related to the service.

D. 3) Gruista. -It is the employee who is in possession of the driving license that enables him to do so, he must perform his duties with the due diligence for the safety of the vehicle that engages and transports, taking care of his correct operation. It will also have the task of handling the transport crane, loading and unloading vehicles, also taking care of the maintenance and cleaning of the crane.

D. 4) Peon/Mozo/Enganchador. -It is the personnel who are responsible for the coupling and uncoupling of the vehicles to the crane as well as similar jobs without specialization.

D. 5) Cleanship/a. -They are busy with the work of cleaning the facilities of the Company's Work Centers.

CHAPTER IV

Organization of work and movibilities

Article 35. Organisational powers of the work.

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

Article 36. Productive returns.

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

Companies will be able to implement the work measurement systems and the performance and productivity levels of their employees that they deem appropriate, in accordance with the objective methods. on admission, on the basis of negotiations with the representatives of the employees of the undertakings. In such cases, workers must adapt to the objectively established productivity.

In relation to the quality of the service provided, the worker will also adjust to the instructions that the company indicates in the regular exercise of its powers, considering that the type of activity that is develops in the sector and in its enterprises depends to a great extent on the acquisition and maintenance of the greatest number of customers possible.

To this end, companies will be encouraged to train in quality techniques.

Therefore, sustaining the levels of employment acquired will depend on the fulfilment of such instructions in relation to the provision of the service and the full satisfaction of the client.

The workers ' conduct of work has the imposed requirement of a correct relationship with the customer and the recipient of the service, therefore, any type of conduct or behavior that can be negatively affected will be avoided. in the continuity and satisfaction of the client.

Article 37. Functional mobility.

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

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

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

Article 38. Work of a higher professional category.

By reason of better organization, companies will be able to direct employees to perform tasks and tasks of a higher professional category, of the same professional group.

The performance of tasks or tasks higher than those of the worker, for a period of six months for one year or eight months for two months, shall allow the worker to apply for the promotion or coverage of the vacancy. corresponding to those tasks and tasks carried out, if this does not preclude the provisions of the Collective Convention of Application.

The corresponding pay gap will be paid from day one.

Article 39. Work of lower professional category.

If for the purposes of the business, the company needs to assign a worker to tasks corresponding to the professional category lower than his, he will only be able to do it for the necessary time, keeping him in any event the remuneration and other rights inherent in its professional category and, where appropriate, communicating it to the legal representation of the employees in the undertaking.

Article 40. Functional polyvalence.

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

In such cases, it will be for the worker to award the professional category and remuneration whose functions are prevalent in relation to the remaining concurrent complementary functions in his or her job, with independence from belonging to professional categories other than their own.

CHAPTER V

Work promotion and promotions

Article 41. Promotions.

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

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

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

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

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

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

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

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

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

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

CHAPTER VI

Concepts and salary structure

Article 42. Salary concepts.

All of the economic perceptions of workers, in money or in kind, by the professional provision of their labor services, whether they pay for the effective work or the periods of rest that can be work, they will have the consideration of salary.

Article 43. Non-wage concepts.

They will not have the consideration of salary the amounts received by the workers in terms of compensation or expenses incurred as a result of their work activity, as well as the benefits and compensation for the social security system and compensation for transfers, suspensions, redundancies, contract and retirement pensions.

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

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

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

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

The staff may receive advances on account of the salary earned for the work done before the day comes for payment.

In no case shall such advance be higher than the net salary to be collected where appropriate.

The salary will necessarily be documented in a payroll or perceptions sheet that will be delivered to the worker, individually and as proof of the payment made.

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

Article 45. Structure of salary.

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

The salary part of the worker fixed per unit of time or work, according to his professional classification, shall be considered as basic salary.

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

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

Of job: You will understand those supplements that you must perceive, if any, the worker by reason of the characteristics of the job or the way of carrying out his professional activity, that he behaves conceptualization different from what the remuneration would be for your professional classification. These supplements are of a functional nature and their perception depends exclusively on the professional exercise in the assigned position. In this group they will be included: currency, plus of languages, nocturnity, etc.

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

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

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

Article 46. Seniority.

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

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

At three years old, the 3 per 100 will be collected on the base salary.

At five years old, 5 per 100 will be collected on the base salary.

At ten years old, 10 per 100 will be collected on the base salary.

At fifteen years old, 15 per 100 will be collected on the base salary.

At twenty years old, 20 per 100 will be collected on the base salary.

At twenty-five years old, 25 per 100 will be collected on the base salary.

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

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

Article 47. Extraordinary rewards.

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

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

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

Staff affected by lower-level Convention shall have their annual salary distributed in a larger number of Extraordinary Pages, shall keep the number of the same persons who perceive the signature of this Convention.

However, the different representations may agree that they are in conformity with the provisions of this Convention.

Article 48. Overtime.

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

Extraordinary hours shall be paid and/or offset in the form in which it is agreed at a lower level.

Article 49. Minimum wage guarantee.

It is established for the provinces where there is no Collective Agreement in force and regardless of the professional category, the obligation to pay at least the workers with eighteen years completed, full time and not subject to training contracts, the Minimum Guarantee Wage set here.

For the year 2001, and since the entry into force of this agreement under Article 17 of this Convention, this salary will be of a total of 1,379,040 pesetas (8,288,197 euros) gross per year for all salary concepts and 63,648 pesetas (382,532 euros) gross per year by extranalarial concepts.

In the years 2002 and 2003, the minimum guarantee salary set out in the previous paragraph, both the amount of salary concepts and the amount of extranalarial concepts will be increased, initially in accordance with the expected CPI for the year concerned, and that amount shall be reviewed in the event that the actual and final CPI of that year exceeds the forecast, and in the amount corresponding to that excess. The Joint Committee of the Convention shall meet for the updating of these quantities.

CHAPTER VII

Workday, vacation, permissions, and licenses

Article 50. Working time.

The working day shall be 39 hours of working week or its following annual equivalent:

For the year 2001 the annual effective day would be 1,760 hours per year.

For the year 2002, the annual effective day would be 1,745 hours per year.

For the year 2003, the annual effective day will be 1,737 hours per year.

The daily working day can be continued or left, from Monday to Sunday, with the corresponding weekly and weekly breaks, in shifts of tomorrow, afternoon and evening when working 24 hours a day and with a minimum and maximum working hours per day, provided that monthly, bi-monthly or quarterly computation is adapted to the day-time module of 39 effective weekly hours.

At the latest within the first quarter of each year, a specific work schedule shall be established for each worker or job in which the distribution of the working days per year, the timetable, the breaks, holidays, holidays and daily or weekly shifts and schedules.

Article 51. Holidays and breaks.

The workers affected by this Collective Agreement will enjoy the public holidays that they legally correspond to according to their respective work schedule. In the event that they are unable to enjoy a certain day of holiday, they shall be compensated by another day on a different day, at the latest, within the following two months and, preferably, after a weekly rest.

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

Article 52. He worked in shifts and night work.

In those companies, establishments or job centers where continuous day shifts are worked, with the regulatory break

of 15 minutes, will be fixed three shifts, one of tomorrow, another of late and the night, so that certain workers will occupy successively the same job, within a day, having to take into account the rotation between the shifts and with the guarantee that no worker except voluntary membership, will remain for more than two weeks on the night shift.

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

You will have a night time consideration that spans from 22 hours to 6 a.m.

The worker under the age of 18 cannot be assigned to the night shift or to perform overtime until the age of majority.

Article 53. Holidays.

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

They will be enjoyed in the course of the whole year unless otherwise agreed under negotiation of lower-level agreements.

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

In no case will the annual holiday be economically compensable and your enjoyment will expire, unless otherwise established between the parties, the last day of each calendar year.

Article 54. Permissions.

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

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

b) One day per transfer from your usual address.

c) For two days, or five days if the worker needs to move out of his or her usual province of residence, in cases of child birth or serious illness or death, accident or serious illness or hospitalization of relatives up to second degree of consanguinity or affinity.

d) By the wedding of a first-degree relative, one day.

e) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character.

(f) Workers who hold a union representation shall be granted the time permit which is legally established.

g) Workers, who are breastfeeding their child under the age of nine months, are entitled to an hour of absence from work that they can divide into two fractions. Also, at their will, the workers will be able to substitute this right for a reduction of the usual working day, in half an hour. This permit may be enjoyed by either the mother or the father in case both work.

Pregnant workers will have the right to be absent from work, entitled to remuneration, for the conduct of prenatal examinations and birth preparation techniques, prior notice to the employer and justification of the need to be carried out within the working day.

(h) Those who, for reasons of legal guardian, have a direct care of a child of less than six years or a physical or mental diminished who does not carry out any other paid activity, shall be entitled to a reduction in the working day with the a proportional reduction in the salary or remuneration, at least one-third and not more than half the duration of the salary.

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

The worker may not make use of this right for a period exceeding eighteen hours per year. Cases of assistance to medical centres which are determined by optional prescription are exempted from this limitation.

Article 55. Licenses.

Without prejudice to the provisions of Article 67 of this General Convention, companies that have their service workers carrying out duly approved official studies shall be obliged to grant up to five days of leave without remuneration, which is necessary to enable them to prepare examinations called by the centre concerned, on the grounds of the persons concerned with the registration of the registration.

This unpaid license is applicable to the acquisition by the driver of the driver's license.

In lower areas of conventional negotiation, new cases of non-remuneration may be established or specified.

CHAPTER VIII

Suspension and extinction of the employment relationship

Article 56. Surplus.

Excesses may be voluntary and enforced.

Only the forced excess and when it is established legally, will behave reserve of the job and will compute its duration for the purposes of antiquity.

All the surplus must be requested in writing and unless otherwise legally available, the volunteers may only be used by the workers with an indefinite contract and who credit at least three of them. years old in the company.

(A) Forcible leave, on prior notice to the undertaking, shall be granted in the following cases:

(a) By designation or election in public office that makes it impossible for work to be attended.

(b) By sickness, after the period of temporary incapacity has elapsed and for as long as the worker remains in temporary invalidity.

c) For the provision of military or replacement service and for its duration.

(d) For the exercise of union functions at the provincial or higher level, provided that the trade union centre concerned has legal representation in the sector and specific and specific field in which it is find the establishment or the company.

e) By birth or adoption of a child, in accordance with current legislation.

The worker with forced leave must be rejoined to the company within a maximum of 30 calendar days following the cessation of the function or disappearance of the cause or reason originating from such period of contractual suspension. Failure to do so within that period shall mean that the reserve of the job and the worker shall become subject to the condition that the surplus of voluntary character B) Voluntary leave is also requested in writing and with maximum The company will be able to do so in advance of the company and will be able to do so with the company of more than one year.

Voluntary leave may be granted by companies for a minimum period of 12 months uninterrupted and a maximum of five years. It shall always start on the first day of the month concerned and shall be completed on the last day of the last calendar month of the requested period.

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

Article 57. Termination of the contract of employment.

The causes, forms, procedures and effects of both the suspensions and the collective extinctions of work contracts are laid down in the legislation in force, by the agreement between workers of an establishment or company and its management.

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

Superior, Technical and Administrative Staff: a calendar month.

Rest of staff: 15 days.

The failure by the worker of such obligation to pre-notify him in good time shall entitle him to bring the amount of the actual salary of one day for each day of delay into the notice of the final settlement, plus its equivalent to the proportional parts.

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

In the event of termination of the contract of employment due to the expiry of the contract period, the undertaking shall be obliged, in contracts of temporary form for a period exceeding 12 consecutive months, to provide the worker with such a decision, at least 15 calendar days in advance. Failure to comply with the notice or to do so partially, with the final settlement, the worker shall be paid the amount of one day's salary for each day of the missed deadline, with the maximum of fifteen days of salary.

Article 58. Retirement.

Workers interested in partial retirement may agree with the undertaking in agreement with the undertaking on the relevant contract of relief, in accordance with the provisions of Article 12.6 of the Staff Regulations, in the wording given by Royal Decree Law 15/1998.

Likewise, in accordance with Royal Decree 1194/85 of 17 July, those workers with 64 years of age who wish to qualify for retirement with one hundred percent of the rights, by mutual agreement with the company, will be replaced by another worker who is a recipient of unemployment benefit or young claimant of first occupation, by means of a contract of equal nature to which he is retired.

In order to facilitate access to the work of unemployed young people, compulsory retirement is established at the age of sixty-five years for all workers affected by this General Collective Agreement, unless they are not in possession of the The need for retirement provision is necessary.

With the same objective, the worker who causes low voluntary early retirement and total and at least 10 years old, will receive an award that, except for a more favorable agreement in the lower negotiating areas, will be governed by the following scale:

Sixty years: 600,000 pesetas.

Sixty-one years: 500,000 pesetas.

Sixty-two years: 400,000 pesetas.

Sixty-three years: 300,000 pesetas.

Sixty-four years: 200,000 pesetas.

CHAPTER IX

Disciplinary regime

Article 59. Fouls and sanctions.

Workers may be punished by the management of companies under non-compliances, in accordance with the graduation of faults and penalties to be established in the legal provisions and the Convention. Applicable collective.

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

It will not be possible to impose sanctions that consist of the reduction of the duration of the holiday or another minoration of the rights to rest of the worker or fine to have.

The faults committed by the workers at the service of the companies in the sector will be classified according to their importance, and where appropriate, to their recidivism in light, serious and very serious, in accordance with what is available in the Articles 58 et seq.

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

Article 60. Minor fouls.

The following are considered minor faults:

(a) Up to three faults in the timeliness of work attendance during the one month period, less than thirty minutes, without any justified cause.

(b) The abandonment of the centre or job, without cause or justification, even for a short period of time, provided that such abandonment was not detrimental to the development of the productive activity of the undertaking or cause of damage or accidents to colleagues, in which it may be considered to be a serious or very serious fault.

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

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

e) Small neglects in the preservation of the material or its cleaning.

f) Lack of grooming or personal cleansing.

g) The lack of attention and diligence with the public and apathy to fulfill orders from their superiors. Such faults may be considered serious in the event of a repeat offence.

h) Delay the dispatch of the discharge, discharge, or confirmation in case of temporary incapacity.

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

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

k) Rejoin two or more controllers/watchdogs on hours of service, except if urgent assistance is required or you have permission from your immediate superior.

l) make the addition to the service from a different place to the assigned one.

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

Article 61. Serious fouls.

The following are considered to be serious faults:

a) More than three punctuality faults in an unjustified month.

b) False one or two days to work for a month, without reason to justify it.

c) Not paying due attention to the work entrusted.

d) The simulation of disease or accident.

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

f) Disobedience to superiors in any matter of work.

If it involves a manifest bankruptcy of the discipline or of it, the company will be considered to be very serious.

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

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

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

(j) The recidivism in minor faults, except in those of punctuality, even if they are of different nature, within a quarter, when they have mediated sanctions.

k) The voluntary decrease in work performance.

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

m) Provide false information to the Directorate or superiors in connection with the service or work, except in the case of a bad faith, in which it will be considered to be very serious.

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

o) Ofword or threat to a colleague or a subordinate.

p) Annulment of complaints without obvious cause.

q) The repeated lack of grooming and personal cleansing

Article 62. Very serious faults

They are considered very serious faults:

(a) More than twelve non-justified punctuality errors committed during the three-month period or 20 months in six months.

(b) False to work more than two consecutive days or four alternate days a month without cause or reason to justify it.

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

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

e) The drunkenness and/or drug dependence during the working day.

f) Revelar a person extraneous to the company the required reserve data, when they exist, producing material sensitive to the company.

g) Revealing job organization plans to people or people outside the company, subtracting documents and forms or copying them without authorization from the company.

h) Abuse of authority.

(i) the abandonment of the post without justification, especially in the posts of command or responsibility, or where this causes obvious harm to the undertaking or may become a cause of accident for the worker; colleagues or third parties.

j) Continuous and voluntary decline in work.

k) Continuous and persistent disobedience.

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

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

n) Failure to comply with the rules on the prevention of occupational risks, involving serious risks to workers, their colleagues or third parties.

Article 63. Sanctions. Application.

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

A) Mild high:

a) Verbal assembly.

b) A written statement.

B) Serious high-ups:

a) Suspension of employment and salary of one to ten days.

C) Very severe high:

(a) Suspension of employment and pay of eleven to thirty days.

b) Despid.

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

The greater or lesser degree of responsibility of the fault.

The impact of the event on other workers and on the company.

3. Prior to the imposition of penalties for serious or very serious misconduct for workers who have the status of a legal or trade union representative, they will be instructed to do so by the company, in which they will be heard separately. interested, the other members of the representation to which it belongs, if any.

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

4. In cases where the undertaking intends to impose a penalty on workers affiliated to a trade union, it shall, prior to the imposition of such a measure, give a hearing to the trade union delegates of its undertaking, if any, or the trade union section if it is incorporated therein.

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

6. Minor faults prescribe at 10 days, the serious ones at the age of 20 days and the very serious ones at the age of 60 days from the date on which the company became aware of its commission and, in any case, six months after its task, beginning with (i) to calculate this time from the fact that the company was aware of its commitment.

TITLE II

The procedure for resolving conflicts

Article 64. Voluntary procedure for the settlement of Collective Conflicts.

The signatory parties to the present General Convention deem it necessary, in accordance with Article 22, to set out in what they do not object to the ASEC (Interconfederal Agreement on Extrachauteal solution of Labour disputes) and its current development regulation (as of today are the ASEC II and the RASEC II signed on 31 January 2001) voluntary procedures for the solution of collective conflicts in the specific field of In the case of the Joint Committee itself, it will be necessary to ensure that the between companies and workers, in relation to the application and interpretation of this agreement and its adequacy to the circumstances in which it is provided and carries out the work in the various job centres of the companies in the sector.

They will be susceptible to submit to voluntary dispute settlement procedures that will be detailed below, those disputes or labor disputes involving a plurality of workers, or in which the interpretation of the divergence, affects supra-personal or collective interests.

It will also be of a collective conflict of character all divergence or controversy that, promoted individually by a worker, their solution is extrapolable or generalizable to the entire group of workers.

Expressly excluded are those disputes in the field of taxation or social security.

When any conflict arises within the companies, both individual and plural, and it is not possible to reach an agreement, it will be possible to go to the mechanisms provided for in this chapter.

For the purposes of determining the competent body to know the conflict, the following rules shall apply:

1. If the conflict affects the interpretation of the State Convention, the competition in the first instance will be from the Joint Commission, following the mechanisms provided for in the ASEC.

2. If the conflict affects the interpretation of an agreement of a regional or regional level, the competition in the first instance will be of the corresponding Joint Commission of the mechanisms of solution These are the extra-judicial procedures agreed upon in each Autonomous Community by Patron and Trade Unions.

3. If the collective or individual conflict is of concrete application of the Convention, or of any rule in a given company, the mechanisms indicated in the previous rule will be used.

4. The lack of resolution of the issues raised in the respective Joint Committees within a period of 15 days will determine the possibility of having such a procedure and will open the way to the next extra-judicial mechanism. This time limit will be shortened in cases where a legal period is required, in order to avoid the loss of shares.

Article 65. Mediation procedure.

The mediation procedure in collective conflicts will be mandatory at the request of one of the legitimate parties.

Notwithstanding the foregoing, mediation will be required as a preprocedural requirement for the interposition of a claim for collective conflict before the Labor Jurisdiction by any of the parties.

In any event, in the conflicts referred to in this paragraph, defined in accordance with the provisions of Article 151 of the Recast Text of the Labor Procedure Law, the parties may agree to submit voluntarily to the The arbitration procedure is then regulated without the need to go to the mediation process.

Likewise, before the formal communication of the strike call, the mediation procedure must be exhausted. Between the request for mediation and the formal communication of the strike, at least seventy-two hours must elapse, without this implying the extension for this cause of the deadlines provided for in the legislation in force. Voluntary submission and agreement of the parties to the arbitration procedure shall also be possible.

In the cases referred to in Articles 40, 41, 47 and 51 of the Recast Text of the Law of the Workers ' Statute, and in order to resolve any discrepancies that would have arisen during the consultation period, the the mediation procedure if requested by at least one of the parties. This will not imply the extension, for this reason, of the time limits provided for in the Law.

They will be legitimized to urge mediation the following subjects:

1. In the conflicts referred to in paragraphs (a) and (c) of Article 4 (1) of the ASEC and 5 of its Rules of Procedure, all subjects who, according to the law, are trained to promote a demand for collective conflict in court or to call for a strike.

In these cases, the Interconfederal Mediation and Arbitration Service must notify the request for mediation to the other Trade Union and Business Organizations representative of the area in which the conflict is raised. the effects of their participation, if they consider it appropriate, in the procedure.

2. In the conflicts provided for in paragraph (b) of those precepts of the ASEC and its Rules of Procedure, the respective representations of employers and workers participating in the corresponding negotiation will be legitimized. The decision to urge mediation must have the majority of the representation that promotes it.

3. When the conflict arises over the determination of the security and maintenance services in the event of a strike, the strike committee and the businessman will be legitimized.

4. In the conflicts referred to in Article 5.1 (d) of the Regulation, the employer and the representation of the workers involved in the relevant consultations shall be entitled. The decision to urge mediation must have the majority of the representation that promotes it.

5. In the conflicts referred to in Article 5.1 (e) of the Rules of Procedure, the Joint Committees shall be entitled, by majority agreement of both representations.

The promotion of mediation will be initiated with the submission of a letter addressed to the Interconfederal Mediation and Arbitration Service. The document must contain the following:

(a) The identification of the employer or of the collective subjects who have legitimisation to benefit from the procedure, in the area of the conflict.

The identification of the other representative Business and Trade Union Organisations in this area should also be included in the cases where appropriate.

b) The object of the conflict, with specification of its genesis and development, of the pretense and of the reasons that it bases it.

c) The collective of workers affected by the conflict and the territorial scope of the conflict.

d) In case of a conflict of interpretation and application of a Collective Convention, the accreditation of the intervention of the Joint Commission, or of having been addressed to it without effect, and the opinion issued in its case.

The same requirement exists in the case of conflicts of interpretation and application of another agreement or collective agreement, if there is a Joint Commission.

e) Address, date and signature of the employer or the collective subject initiating the procedure.

The mediation before the Interconfederal Mediation and Arbitration Service will be exhausted within ten days. During the first three working days of that period, the SIMA shall take care of the request of mediator or mediators and convene them to carry out the mediation. If the parties have not designated a mediator or mediator, the SIMA shall address those to be appointed by them and, in the event of failure to do so, appoint them by the Interconfederal Mediation and Arbitration Service (SIMA).

Prior to the formal communication of a strike, mediation must be made at the request of the convenors. They must make in writing their application including the objectives of the strike, the steps taken and the date set for the start of the strike. Copies shall be sent to the employer.

The mediation procedure shall be for a period of seventy-two hours from the start, unless the parties, by common agreement, extend that period. The SIMA shall, within 24 hours, attend to the request of mediator or mediators, appoint them if the parties have not done so and convene them to carry out the mediation.

The formal notice of the call for strike must specify that the mediation has been attempted within the periods mentioned above or that it has been carried out without compromise. If such circumstances do not prove to be the case, the strike shall be deemed not to be duly convened.

When mediation is raised in connection with the completion of the security and maintenance services, this will be initiated at the request of either party if it arises within 24 hours of the formal communication of the strike. This procedure will last for seventy-two hours.

The initiation of the mediation procedure will prevent the convening of strikes and the adoption of measures of lockout, as well as the exercise of judicial or administrative actions, or any other directed to the solution of the conflict, for the purpose or cause of the mediation, as long as it lasts and in accordance with the terms provided for in Articles 12.2 and 15.2 of the ASEC Regulation.

In any case, in the mediation procedure, the right of the parties to be heard, as well as the principle of equality and the principle of contradiction, will be guaranteed without any defenseless.

The mediation procedure developed in accordance with the rules described replaces the mandatory conciliation procedure provided for in Article 154.1 of the recast of the Law on Labour Procedure, within its scope of application and for the conflicts to which it relates.

The agreement of the parties to submit the question to arbitration ends the mediation without the need for exhaustion of the deadlines.

The agreement in mediation, if produced, will be formalized in writing, with copies submitted to the competent labor authority for the purposes specified in the recast of the Law of the Workers ' Statute.

The effects of the final act on the agreement shall be the own of a Collective Convention of General Effectiveness where the sum of those they have accepted is sufficient to attribute such effectiveness in the field of conflict. In this case, it shall be the subject of deposit, registration and publication.

In case of no compromise, the mediator or mediators will raise the minutes at the same time, recording the proposal made, the absence of agreement and the reasons given by each party.

If the bodies involved in the mediation are themselves constituted within the scope of the Collective Agreement or agreement, they shall give an account to the Interconfederal Mediation and Arbitration Service, SIMA, of the solution in view of the registration effects.

Article 66. Arbitration procedure.

The arbitration procedure shall require the express expression of the will of the parties to the conflict to submit to the impartial decision of an arbitrator or arbitrators, which shall be of a binding nature.

The parties may promote arbitration without prior recourse to the mediation procedure provided for in the preceding article, or after their exhaustion or during their course pursuant to Article 17.1. of the ASEC Regulation.

They are entitled to urge the arbitration procedure, by mutual agreement according to the type of conflict and the scope affected, the same subjects as referred to in Article 13 of the ASEC Regulation.

The promotion of the procedure will require the filing of a written notice before the Interconfederal Mediation and Arbitration Service, SIMA, subscribed by the legitimate subjects who wish to submit the matter to arbitration.

The promotion document must express the arbitrator or arbitrators who are requested to address the issue raised or the decision to delegate to the SIMA the designation of the same. It shall also contain:

The identification of the employer or the collective subjects who have legitimisation to benefit from the procedure, in the area of the conflict.

Where appropriate, the identification of the remaining representative business and trade union organisations in that area should also be included for the purpose of notifying them of the arbitration undertaking by itself. wish to join him.

The specific questions on which the arbitration, with a specification of its genesis and development, of the claim and the reasons that substantiate it and the time limit for the award of the arbitral award, must be addressed.

The commitment to accept the arbitration decision.

Address of the affected parties, date and signature.

In the event of an agreement not to be reached in the appointment of the arbitrator or arbitrators and when this designation has not been delegated to the SIMA, it shall submit to the parties promoting the arbitration, within the maximum period of three working days. since the initiation of the procedure, a proposal for an arbitration body. If the agreement of both parties is not achieved, the Interconfederal Mediation and Arbitration Service, SIMA, will present an odd list of arbitrators, of which one and the other, by a majority will rule out successive and alternatively the names it deems convenient until a single name is left.

The activity of the referee or referees will begin immediately after his appointment. The procedure shall be carried out in accordance with the procedures which the arbitration body considers appropriate, which may require the parties to appear, request additional documentation or obtain the assistance of experts if they deem it necessary.

In any case, the right of the people to be heard will be guaranteed, as will the principle of equality and contradiction, without any defensiveness. Of the sessions that take place defenseless. Certified minutes shall be drawn up by the arbitrator or arbitrators.

Once the arbitration commitment has been formalised, the parties shall refrain from any further proceedings on matters or matters subject to arbitration.

If the parties do not agree to a deadline for the issuance of the arbitral award, the arbitration award must be issued within 10 working days of the appointment of the arbitrator or arbitrators. Exceptionally, in the light of the difficulties of the conflict and its importance, the arbitrator may extend the said period of 10 days by means of a reasoned decision and, in any event, the award shall be given before the end of 25 working days.

The Arbitral Award shall be motivated and notified to the parties immediately.

The arbitration resolution shall be equally binding and immediately enforceable.

The arbitral resolution shall be deposited with the Interconfederal Mediation and Arbitration Service and referred to the competent Labour Authority for its deposit, registration and publication where appropriate.

The arbitral award may be appealed only within the thirty-day period provided for in Article 67.2 of the Recast Text of the Labour Procedure Act when the arbitrator or arbitrators have exceeded their powers by resolving the dispute. (a) matters outside the scope of the arbitration agreement have been in breach of the principles to be encouraged by the arbitration procedure, exceeding the time limit laid down for the adoption of a resolution or contrary to legal or constitutional law. In these cases, the action for annulment provided for in Article 65.3 of the said recast text of the Law on Labour Procedure shall proceed.

The Arbitral Award excludes any other procedure, demand for collective conflict or strike on the resolved matter and on the basis of its effectiveness.

In view of the legitimation held by the parties, the arbitral award will have the effects of the Collective Agreement. In your case, you will possess the effects of a firm judgment in accordance with the Additional Seventh Disposition of the Recast Text of the Labor Procedure Act.

TITLE III

From vocational training

Article 67. Vocational training.

The Joint Committee on Vocational and Continuing Training of the Sector for the Regulation of Limited Parking of Vehicles is constituted by Control Time which will be composed of four representatives of the companies and four trade union representatives.

The signing of this General Collective Agreement entails the accession to the Third National Agreement on Continuing Training (FORCEM). Within three months of the signing, the effective establishment of the Commission on Vocational Training and the definition of the General and Specific Vocational Training Plan for the sector will be carried out under the following conditions: guidelines:

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

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

a) Paid leave to attend exams.

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

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

In all cases, workers must prove by the delivery of the registration and assistance documents, the effective completion of the courses of study, training and retraining to be entitled to such courses. benefits.

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

The Joint Professional and Continuing Training Commission, directly or in concert with official, approved or recognised centres, will organise, on a regular basis, vocational training courses for adaptation of the workers affected by this Collective Agreement, in order to facilitate their integration into the respective trades and professional categories existing in the sector, as well as their coupling to the technical modifications operated or planned for the jobs of the various establishments or centres of work of the companies in the sector.

If workers apply under Article 55, licences without pay to attend courses, conferences or seminars, not directly related to the activity or to their specific academic, professional training (i) it is for the management of the undertakings to make the decision to facilitate their assistance in the light of the business activity and if their absence conditions it.

TITLE IV

Staff and union representation rights

Article 68. Rights of representation.

The following are generally set:

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

Companies, those Delegates of Personnel or Members of the Enterprise Committees who participate as members of the Collective Agreements Negotiating Committees will provide them with the corresponding permits for the purpose of to obtain the maximum facilities in their work as negotiators and throughout their duration, provided that the collective agreement is applicable to the company.

Workers in companies, establishments or workplaces have the right to meet in the Assembly, at the workplace, to be convened and chaired in any case by the Committee of the Company or the Staff Delegate, if the he or the worker of the centre or establishment, a promoter of the centre or establishment, provided that, on a prior basis, the movement of both the call and the Order of the Day has been transferred to the management of the undertaking or centre of work.

It will always take place outside of working hours except in those job centers subject to service provision 24 hours a day, in which case, it will be agreed by the promoters with the management, the moment of The Committee on the Rules of Procedure and the Rules of Procedure.

The employer shall provide appropriate premises if the working centre meets the relevant conditions. Otherwise, it will designate a particular appropriate location within its premises for its celebration.

It may be refused by the employer to authorize the holding of an assembly in its premises if the promoters are not satisfied with the conditions described above; (i) to issue the Directorate if less than two months has elapsed since the last assembly held in the workplace and in the situation of legal closure of the undertaking.

The above limitation will not include the Assemblies or Information Meetings whose only point of the Order of the Day is the information on the negotiation of the Collective Agreements that apply to them. workers of the undertaking, establishment or centre of work concerned.

In accordance with the provisions of Article 56, the workers elected to hold positions of local, provincial, regional or national responsibility in their Union and who are required to devote themselves fully to the performance of such duties or tasks, may voluntarily apply for leave of absence for the duration of such a situation, after which they shall be reinstated to their posts whenever they are requested within one month from the date of their departure from the referred to.

Article 69. Information to Business Committees and Personnel Delegates.

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

A) Being informed by the Company's Management:

On target layoffs to track:

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

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

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

Depending on the subject matter:

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

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

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

On sanctions for serious and very serious misconduct and, in particular, on dismissals.

In relation to statistics on the index of absenteeism and its causes, accidents at work and occupational diseases and its consequences, rates of accidents, movement of cesses and income and promotions and newsletters TC-1 and 2 to Social Security.

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

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

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

Employment in the field of the company through the documentation that is required to be delivered to you.

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

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

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

The members of the Staff Committee and Delegates of Personnel, individually or jointly, shall observe professional secrecy regarding confidential information which, by reason of their position, are known to the companies, even after to leave office, and in particular, in all those matters which the Directorate qualifies as a reserved matter.

Article 70. Union quota.

At the request of the workers, when they authorize it, the companies will discount the amount of the corresponding ordinary or extraordinary union quota on their monthly payroll.

To do this, it will be delivered to the Directorate of a document manuscript and/or signed by the worker in which the order or authorization of discount will be expressed, the amount, the Central Trade Union of the recipient, as well as the Current account number or savings book to which the amount of the amount is to be transferred.

The Management of the companies will submit a copy of the transfer list to the representation of the Union.

Article 71. Union guarantees for members of the Staff Committee and Delegates.

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

If the penalty for alleged serious or very serious misconduct is due to other causes, a contradictory file must be dealt with, in addition to the person concerned, the Business Committee or the other Staff Delegates and the Union Delegate of the Organization to which he belongs, in the event that his Trade Union Section was known to the Directorate of the company.

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

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

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

You will have the credit schedule of paid monthly hours that the Law determines by reason of your position and the volume of the company. At the same company level, it may be possible to accumulate the hours of the various members of the Staff Committee or Delegates in one or more of their colleagues, without the maximum total being exceeded by law for each and every one of them, In such a case it may be relieved of the work without prejudice to its remuneration. This circumstance must be notified to the undertaking in advance, indicating the period of time in which the cumulation will take place.

Without exceeding the legal maximum, the hours of the credit union schedule available to the members of the Staff Committee or Delegates may be consumed, in order to provide for the assistance of the same to training courses. organized by their trade unions, training institutes or other entities.

TITLE V

Health and occupational risk prevention

Article 72. Health and prevention of occupational risks.

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

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

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

In any case, the approaches, actions and measures that joint ventures and workers put into effect, without conditioning the Iranian activity aimed at achieving an improvement in the quality of life of the workers affected.

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

During the duration of this Collective Agreement, the companies concerned shall draw up, for all their workplaces and establishments, a plan for the general assessment of risks to the safety and health of their workers, taking into account the nature of the activity.

Also, where appropriate, an assessment shall be made of the means and places of work and the conditioning of the centre or establishment.

If there is a job that represents a certain risk for the health and safety of workers, the companies, in accordance with the opinions and advice of the Prevention Services and, if necessary, the Labour inspectorate, shall modify the facilities, means or the own allocation of the job, in such a way as to minimise and avoid, as far as possible, the risk identified.

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

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

Companies will provide the staff affected by this Collective Agreement with an annual medical review by medical specialists.

Special attention will be given to the specific recognition of women in the case of maternity. The results shall be communicated to the worker for his/her knowledge.

In the protection of maternity, the provisions of article 10 of Law 39/1999 of 5 November will be in place to promote the reconciliation of the family and work life of workers.

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

The workers affected by this Collective Agreement are entitled to information and training on the conditions of their work, on the characteristics of their activity and their work centre, on the machinery and the technology used and all other aspects of the work process which in some way could pose a risk to their health or personal safety at work.

In particular, companies are obliged to specifically train the worker on the risks which, where appropriate, may exist in a given job, as well as on the use of the means and conduct necessary for his or her elimination.

In companies or job centers that have six or more workers, the participation of these workers will be channeled through their representatives and the specialized representation that regulates the Law on the Prevention of Risks and Occupational Health.

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

Up to 49 workers, 1 Delegate of Prevention.

Of 50 to 100 workers, 2 Delegates of Prevention.

From 101 to 500 workers, 3 Prevention Delegates.

From 501 to 1000 workers, 4 Prevention Delegates.

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

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

First transient disposition.

The lower-level Conventions shall remain in force for the duration of their term, unless otherwise agreed by the parties involved in their negotiations, their full content, without the entry into force of this Agreement. Except in the obligation imposed by Article 52 in respect of the Minimum Guarantee Wage (S. M. G.)

The negotiation of the new agreement must necessarily be subject to the provisions of this National Convention, in the matters set out in Article 11, without prejudice to the provisions of Article 84 and 86 of the Treaty. Workers ' Statute.

Second transient disposition.

In those collective agreements of lower scope, in that for reasons of the various activities developed by the companies, besides the exploitation of the regulation of parking lot of vehicles by time control, have defined other professional groups and categories outside the specific or specific vehicle parking regulation activity by time control, shall remain in force and, in any event, their updating shall be the subject of the specific collective bargaining in the field itself and for such activities differentiated, exclusively.

Single additional disposition.

The signatory parties to the present State Collective Agreement will commit themselves within the first year of validity to the creation of the Negotiating Commissions for lower areas.

Final disposition first.

ANERE, the Signatory Association of this Collective General Agreement is committed within the first trimester following the publication of that norm in the "Official Gazette of the State", to be provided by the Joint Committee of an economic fund of four million pesetas, on an annual basis, to facilitate the dissemination, mediation and training tasks, both in the companies and with the workers of the sector, in relation to the content and knowledge of the established in the General Collective Agreement, and to be able to cover the costs activities.

With the prior character of the trade union organizations, at the state level, they will have communicated the name and surname of the members of the Joint Joint Committee, which, on an annual basis, will occupy the Secretariat of the Joint Committee. Joint Commission.

The administration of the aforementioned fund will be the exclusive responsibility of the Secretariat of the Joint Committee of the Joint Committee, by trade union, which will proceed to the opening of the corresponding bank account, communicating it to ANERE relevant effects, in order to address the costs incurred by their activities and to carry out their accounting.

The most representative trade union organizations at the state level, which are signatories to this Collective Agreement, undertake to carry out union action within the sector, constructive and focused on a training option based on the quality of the service provided and the disclosure of the contents of this Collective Agreement.

This annual fund will necessarily involve at least the preparation by the Secretariat of the Joint Joint Committee, of an Annual Report, the minimum content of which will be the implementation of the General Collective Agreement, its territorial and personal extension, where appropriate, and the details of its interpretative or mediating actions in situations of conflict. This annual report must be approved by the Joint Joint Committee, subject to subsequent allocations to the said approval.

Final disposition second.

Those companies that, for economic and financial reasons, could not cope with the wage increases agreed in collective agreements in the sector, regardless of their scope, should prove objectively and The reasons why the increase in question questions the viability of the company.

In order to be able to receive the discount during the year or year concerned, the companies must communicate their intention not later than one month after the publication of the Collective Agreement in the Official Gazette. (a) to the Joint Committee of the Convention and to the representation of employees in the undertaking if it exists.

At the request, the company must accompany the following documentation:

Memory and specific economic report of the last two exercises where the negative result is appreciated and reflects the negative result.

In the companies of more than 50 employees, External Audit Report on the economic and accounting situation of the company, at least of the last financial year.

The Joint Committees of the Collective Agreements of the sector will have to study how many of their requests are presented to them and to do so they will have the following powers:

The members of the Joint Committee responsible for the study of the application or, where appropriate, the technicians whom it designates, must have access to all the legal and economic documentation necessary to analyse and verify the Request made and your situation reports.

In the event that the Joint Commission requires registration certificates, reports of Jurors or any other documentation or expert action related to the request made, its cost will be supported by the petitioning company.

Members of the Joint Commission as well as the technicians who may advise it are obliged to maintain the maximum reserve and confidentiality in relation to the information known and the data to which they have access, such as result of these procedures.

The Joint Committees shall issue their resolution within a maximum of one month from the date of receipt of the request.

If the request to neglect or inapplicability of the wage increase is rejected, the companies, within the week following the notification of the Joint Commission's resolution, may have recourse to an Arbitration, according to is specified in Article 69 of the present General Collective Agreement, which shall, in the maximum of 45 days, dictate a Laudo.

Both the Resolution of the application, by the Pariitary Commissions and the Arbitral Laudo will not be able to be subject of any recourse by the applicant company and both the resolution estimatory and the cited Lauto Arbitration shall be from its fully executive notice.