Resolution of December 29, 2021, of the General Directorate of

Summary

Having seen the text of the Agreement state-wide labor collective for the travel agency sector, for the period 2019-2022 (agreement code number 99000155011981), which was signed on July 8, 2021, on the one hand by the business organization Spanish Confederation of Travel Agencies Viajes (CEAV), representing the companies in the sector, and another by the trade union organizations Sindicato Profesional de Viajes (SPV), CC. oo. and UGT, on behalf of the affected labor group, and in accordance with the provisions of article 90, sections 2 and 3, of the Workers' Statute Law, Consolidated Text approved by Royal Legislative Decree 2/2015, of October 23 (BOE of 24), and in Royal Decree 713/2010, of May 28, on registration and deposit of collective agreements, collective work agreements and equality plans,

This General Directorate of Labor resolves:

First. Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements, collective work agreements and equality plans with operation through electronic means of this Management Center, with notification to the Negotiating Commission.

Second. Order its publication in the «Official State Gazette».

NATIONAL COLLECTIVE LABOR AGREEMENT FOR THE TRAVEL AGENCIES SECTOR 2019-2022

CHAPTER I Scope of application

Article 1 General principles

The practical organization of work, subject to this agreement and current legislation, is the exclusive power of the company.

Without diminishing the authority that corresponds to the company or its legal representatives, the representatives of the workers will have the rights and functions of information, orientation and proposal in relation to the organization and execution of the work, in accordance with current legislation.

Article 2 Functional and territorial scope

This agreement is mandatory for all travel agencies engaged in the preparation, contracting, sale or operation of travel in general by any means, including computer or telephone, within the territory of the State Spanish. The aspects that are expressly indicated therein may be negotiated at the regional and/or provincial level with the limitations indicated in the third paragraph of article 84 of the Workers' Statute.

This Collective Agreement, during its validity, may not be affected by the provisions of collective agreements of a lower scope, except in those matters in which the current labor legislation allows it. This Agreement will therefore be the framework of mandatory application for all companies with respect to those matters that have not been reserved as priorities for the company agreement according to article 84.2 ET, or have been referred by the Sector Agreement itself to negotiation for agreement. , pact or agreement in the field of company.

The negotiation of company agreements in the sector should not play a destabilizing role, nor should it try to use this area as an element or formula to lower working conditions.

Thus, the employer and social organizations that sign this collective agreement undertake not to encourage or admit the aforementioned practices whose sole purpose is to lower sectoral labor conditions, specifically, in matters in which the collective bargaining agreement company has application priority.

Article 3 Personal scope

The rules contained in this agreement will apply to all workers who provide or have provided services in the companies mentioned in the previous article in their different groups (issuer and points of sale, receptive, administration staff, services general, related professions, tourist guides -with employment relationship-, tourist group assistants -with employment relationship-, etc.), during the term of the same, excluding, in any case, the personnel referred to in article 2.1.a ) of the Workers' Statute.

CHAPTER II Validity and duration

Article 4 Entry into force

1. This agreement will enter into force, for all purposes, from the date of its signing by the negotiating parties, all without prejudice to its publication in the "Official State Gazette", except for those matters in those that expressly set a different term.

2. A fixed term is agreed until December 31, 2022.

Article 5 Duration and denunciation

The validity of this agreement will be from January 1, 2019 to December 31, 2022, except for those matters in which a different validity is established in this Collective Agreement.

Once the validity period established in the previous paragraph has ended, this agreement shall be understood to be extended from year to year, unless there is an express complaint by any of the affected parties.

The complaint, if applicable, must be made before November 30, 2022 or in the months of November of any of its eventual extensions, by means of a written communication that must be addressed in a reliable manner to the labor authority and the other negotiating parties. .

Once the denunciation of the Agreement is produced in due time and form, the negotiation of the next one will begin in accordance with the provisions of article 89 of the Workers' Statute.

In order to facilitate the process of negotiating the collective agreement, it is agreed to extend the term established in article 86.3 of the Workers' Statute from the end date provided therein to a maximum term of two years.

This agreement annuls and renders the previous ones ineffective unless expressly and for a specific matter the contrary is established.

CHAPTER IIILabor Regulations

Article 6 General criteria

The Labor Regulations came into force on January 1, 2010 in accordance with what was agreed in the Collective Agreement of Travel Agencies 2008-2011, incorporating into the final text the articles related to training and performance evaluation resulting from the work carried out by the technical commissions created for this purpose according to the agreement published in the BOE of July 5, 2012.

The professional classification has been established basically according to the criteria that article 22 of the Workers' Statute establishes for the existence of the professional group, that is, professional aptitudes, qualifications and general content of the benefit.

All workers will be assigned to a group, at a certain level of progression and, where appropriate, work area.

Article 7 Professional classification

The professional classification indicated below is merely illustrative, and does not presuppose the obligation to have provided all the Professional Groups and areas established in this Collective Agreement, if the organizational needs and the volume of the activity do not require it.

– Professional groups.

Among other professional groups there will be, at least, the following:

7.1 Definition of each of the existing professional groups.

The functions described below for each professional group are merely illustrative and not limiting.

7.1.1 Group 1. Technical managers.

They are those who, being in possession of a higher or intermediate degree, or due to their knowledge, professional experience and aptitudes equivalent to those that can be acquired with higher and intermediate degrees, have attributed management, organization, planning and control that includes the management work of a central nature of the company, with dependence on senior management and hierarchy on the work centers of their respective areas.

This group will include superior managers or graduates, by free designation or promotion by the company. All will have a recognized level 10, so article 8 will not apply to them. Professional progression.

7.1.2 Group 2. Travel agents and administration.

Includes those workers who carry out customer service, office, administrative, accounting, commercial tasks, handling the material necessary for the development of their activities, and other similar ones, who carry out their professional activity in the fields issuer, points of sale, receptive, tourist guides (with employment relationship), tourist guide assistants (with employment relationship), etc.

Likewise, it will carry out any simultaneous, antecedent or consequent related activity with those of its functional organic division.

The variety of activities entrusted to this group advises that, without prejudice to the existence of a set of them common to all of them, areas of activity can be defined such as:

In this group there are two professional subgroups:

The workers included in subgroup 1 of command (levels 8 to 10), in addition to carrying out execution/supervision work, and under the orders of the corresponding hierarchical superior and/or in application of the guidelines received , will direct the work assigned or carried out within the scope of their competence, and/or studying, coordinating or controlling administrative technical work and, especially where appropriate, will distribute, coordinate and control the work of the agents who perform supervisory/ as assigned and that of the groups they manage, having autonomy, capacity and decision-making initiative to solve any problems that may arise in the work shifts under their responsibility. Likewise, all activities that are carried out by graduates, in the exercise of the profession of their degree.

The workers included in subgroup 2 of execution/supervision (levels 1 to 7), will carry out the execution work inherent to their group. For work organization reasons, the management will designate, among the travel agents, those who will additionally carry out supervision tasks. Said supervision includes the distribution, coordination and control of the work of the group or team of people assigned to them.

For the purposes of assimilation of a professional level for tourist guides, without prejudice to the recognition of the nature of said profession, in those cases in which the parties have expressly submitted to an obligatory relationship of a labor nature, the salary level to be applied would be level five of this agreement, with the rest of the working conditions (days, schedules, breaks, shifts, etc.) being those by mutual agreement or the prevailing uses and customs for said profession.

Tour guides or companions of tourist groups who maintain an employment relationship with the company will be covered by the benefits set forth in article 46 of this collective agreement regarding accident insurance.

7.1.3 Group 3-General services group (levels 1 to 7): comprise those workers who will exclusively carry out auxiliary service work within the company and the set of their activities are not defined in any of the previous groups.

Current workers who carry out these tasks exclusively within the functions of telephone operator/receptionist with two or more foreign languages, shorthand typists and telephone operators/receptionists with a foreign language, transfer interpreter, correspond to this group. bus and coach drivers, conductors, motorists, orderlies, janitors, waiters and cleaning staff.

7.2 Input levels.

New hires:

– Group 1-Managing technicians.

They will be hired at level 10.

– Group 2-Travel agents and administration.

– Group 3. General Services.

Article 8 Progression

Progression: progression is understood as economic improvement within the same professional group and subgroup, and provided that all the requirements established in this collective agreement for such progression are met.

The sections of progression and length of stay, as well as the criteria for progression will be established in chapter IV regulating the remuneration conditions established in this Collective Agreement.

The criteria for the aforementioned progression, the levels of economic progression and length of stay are as follows:

8.1 Criteria for progression: within each of the different professional groups, the following criteria will be taken into account: time spent at each level, performance evaluation, and the training offered by the company to each worker, taking place from one level to the next higher level, as long as the following requirements are met:

The date of the progression will be delayed as many days as:

In any case, it must be understood that economic progression will only be consolidated when the worker meets the three aforementioned requirements.

8.2 Economic progression levels and length of stay:

8.3 Performance evaluation:

The performance evaluation (EVD) will be carried out based on the assessment that, in accordance with the questionnaire in article 17.11, is applied to the workers assigned to each department. In any case, the aforementioned questionnaire will always maintain an objective, measurable and recognizable nature in the sector.

This evaluation will be carried out at the request of the worker once the minimum time spent at the level in which he/she was completed.

Completion of the EVD will be mandatory by the company once requested in writing by the worker, with a copy to the union representation in the company or to the joint commission of this collective agreement, in case they do not if any and once the training requirements specified in article 11 have been fulfilled.

When obtaining the qualification of apt, the effectiveness of the progression (change to the higher economic level) will always be that of the date of delivery of the results obtained as established in article 12.2. Evaluation system.

The workers who, due to not having obtained the required qualification in the performance evaluation carried out, according to the established criteria, may only request a new EVD after one year of the previous request, this being the new date that of effectiveness of progression.

Article 9 Promotion

Promotion is understood as access to the professional subgroup of command from the professional subgroup of execution/supervision by free designation of the company, through tests or by fulfilling the requirements established for that purpose.

CHAPTER IVTraining and performance evaluation

Article 10 General criteria for training and EVD

The training to be carried out at each of the levels of progression is established below, and not the content of the training modules, which must be adapted to the general criteria of the provisions of the aforementioned professional qualifications.

The articulated present will have a vocation of permanence in time; however, the training modules will vary depending on the sector's adaptation to new technical and organizational needs. Said adaptations will be adopted within the Negotiating Commission. For this, the principle of training professionals with extensive knowledge will be taken into account, both in their specific subject and in the corresponding administrative one, so that they have the possibility of carrying out their functions in any company in the sector, regardless of its size.

Training is an essential parameter for economic and professional progression to the next level. The companies will provide training to workers using their own or external means, through training programs jointly approved by employers and union organizations within the Mixed Parity Commission of Travel Agencies of the State Foundation for Training in Employment (FUNDAE).

The worker may access training through business organizations, the company itself, trade union organizations and/or centers recognized in the network of centers integrated by the national employment system.

The completion of the training courses, according to the provisions of the previous paragraph, will be mandatory for the worker provided that the training action is given within working hours; Otherwise, it will be voluntary, unless the worker agrees to carry it out. In the event that the worker chooses to take the courses through the company and the company does not provide the training, the worker may request it in writing; If you do not receive an answer in this regard or the corresponding courses are not made available to you, it will be understood as training carried out for all purposes.

In order to proceed with the adaptation to the new professional classification system, based on professional achievements and levels of competence, contemplated in the professional qualifications, qualifications and professional certificates of travel agents, and with the aim of To respond to the need of the current productive system and the professionalization of the sector, the collective agreement establishes a number of hours for professional training at the different levels of progression. Permanent training is constituted as an element of common interest for companies and workers, as a fundamental right and instrument for maintaining employment, economic progression, for the promotion and personal development of the worker, but also in a strategic instrument for the productivity and competitiveness of companies.

Article 11 Training

11.1 Training subjects.

Core and elective training subjects are established, depending on the levels.

The core subjects corresponding to levels 1, 2 and 3 will be taught to all workers who are located in the aforementioned levels; These matters are those included in article 11.8 of this text.

The optional subjects are determined by the concept of specialization necessary according to the particularities of the position that is performed and the commercial objectives of the company. The optional subjects included in the catalog of article 16.8 will be taken according to the provisions of article 11.3 "Teaching System", and will be agreed between the Management of the company and the Legal Representation of the Workers; In the event that the latter does not exist, they will be agreed between the company and the worker.

11.2 Training system.

For the training required during level 1, in order to enhance training during the first years, 150 teaching hours are established, distributed over 50 hours per year. In the event that the worker requests the performance evaluation (EVD) at the end of the first year of experience at the level, according to the provisions of the current collective agreement, he must have completed the 50 teaching hours corresponding to the first year; Likewise, in order for the worker to be able to validate the rest of the training at the mentioned level, they must prove their knowledge of these subjects.

The accreditation system of said training will be through one of the following ways:

In the event that the worker cannot prove the experience or academic training mentioned in the previous paragraph, the worker may request the EVD in accordance with the provisions in this regard in the articles of the Performance Evaluation.

In the other levels the following teaching hours are established:

The established teaching hours will admit their compensation between different years with the following limits.

Likewise, workers who have had a long-term leave may carry out the hours of training that they would have had to do during said period of leave from the date of their incorporation.

11.3 Delivery system.

In level 1, all the teaching hours will be comprised of the core subjects listed in article 11.8.

In levels 2 and 3, the core subjects of article 11.8 and an optional subject to be chosen according to the provisions of article 11.1 of this text will be taught.

In levels 4 to 7, all subjects will be optional and one subject referenced in article 11.8 must be taught in each year.

In the last three levels (8, 9 and 10) the subjects to be taught will be freely chosen between the company and the worker. Said subjects must be oriented to improve the training related to the functions of the workers framed in these levels and given their specialization nature they are included in article 11.8.

It will be agreed between the company and the Legal Representation of the Workers (in their absence the worker), the way of teaching the training courses in face-to-face, mixed hours, online training or supervised teaching in the position work (when training courses are mentioned in this text, it will refer to any type of training delivery).

Training will be provided whenever possible within the ordinary working day. The training hours whose delivery cannot be carried out within the working day, may exceptionally be completed outside the ordinary working day. In this case, they will be counted as effective working time for the purposes of the maximum working day included in article 23.1 of the collective agreement.

Once the worker completes a training course, either through the training resources of the company, the Labor Foundation or derived from the courses approved by the Sectoral Joint Commission of Travel Agencies, The company or the competent training center will issue a written certificate for the course taken, stating its duration and the delivery system used.

11.4 Homologation.

The workers who hold the title of the intermediate or superior module of Travel Agents, and/or the degree or diploma in Tourism, will have all the training courses for travel agents of levels 1, approved and validated. 2 and 3; therefore, they should not take the referenced training and the training parameter will be considered validated for the purposes of economic and professional progression. However, they must comply with the remaining parameters (EVD and level experience), included in this article.

Similarly, staff who prove possession of official titles for a given course will obtain validation for said course.

In the minimum time established for permanence in each one of the levels of progression, the worker will have to accredit attendance at the courses established and requested for progression to a higher level, or accredit the degree or professional certification that contemplate the capacities and competences associated with the required professional achievements.

If there is mobility of workers between different companies in the sector, the worker must provide certification of the courses taken, validating the new company all the subjects recognized for the purposes of economic and professional progression related only to the training parameter .

In any case, workers who have validated the corresponding training subjects may voluntarily opt to take the training offered by the company.

The provisions of the 2008-2011 collective agreement are adapted as follows:

11.5 Coordination with the legal representation of workers (RLT).

If there is a RLT, a training monitoring commission will be created within the company, made up equally by the Legal Representation of the Workers and the company. Said commission will meet every six months, or whenever necessary, and will be in charge of jointly analyzing the processes, evaluation systems, results, possible conflicts derived from training and modifying or expanding the catalog of training courses according to the needs of the company and the workers. Likewise, the appropriate guidelines will be established to improve the training system in order to achieve maximum objectivity in the aforementioned processes.

The worker with exclusive dedication to union functions will carry out the training according to the provisions of this article; To apply for the EVD, you must have experience at the level in the same way as the rest of the workers.

11.6 Individual Training Permits.

Individual Training Permits (PIF) are permits authorized by the company for a worker to take a course aimed at obtaining official accreditation, including titles and professional certificates, as well as the processes of recognition, evaluation and accreditation of professional skills and qualifications, according to article 21 OM 2307/2007.

The bonus cost of working hours will be the equivalent of an amount equal to the worker's salary and the accrued Social Security contributions for a period not exceeding 200 working hours per person during the academic year or calendar year.

Individual Training Permits may be used, in accordance with what is established by the Ministry of Labor and Immigration in development of article 12 of Royal Decree 395/2007, of March 23, which regulates the Training Subsystem Professional for employment and order TAS/2307/2007, of July 27, which partially develops Royal Decree 395/2007 on demand formation.

11.7 Studies.

The worker will be entitled to all paid leave for training that is included in article 23 of the Workers' Statute.

11.8 Catalog of training subjects.

This catalog of courses is not limiting, and companies can offer their workers the complementary training they consider appropriate to adapt to the particular needs of each organization.

Level 1:

Level 2:

Level 3:

At levels 6 and 7, the subjects will be aimed at training managers.

Article 12 Performance evaluation (EVD)

12.1 General criteria.

The purpose of performance evaluation is to know as precisely as possible the degree of compliance and performance of the functions by the employee, providing information about their competence and progress.

The evaluation system must be directly related to the job performed. In any case, this evaluation will always maintain an objective, measurable and recognizable nature in the sector.

12.2 Evaluation system.

The evaluation must be carried out at the express request of the worker, once the minimum time spent at the level in which he/she was completed and having completed the training courses corresponding to his/her level, all in accordance with the provisions of 8.2. .

The EVD will be requested in writing by the worker, the company being obliged to receive it, signing the receipt with the delivery date. Likewise, the worker will transfer a copy of the aforementioned document to the Legal Representation of Workers (RLT) in case it exists. As of that date, the company will begin the evaluation process, which will be considered completed with the written communication of the results obtained to the worker within a period not exceeding 30 calendar days from the worker's request. In the event that the indicated term expires, the effectiveness of the progression will be the date of delivery of the results obtained. If this term is not met, the progression will become effective on the date of the EVD application by the worker; in the latter situation, the company must pay the accrued arrears.

The EVD can also be promoted by the employer at any time without the need to meet the training and permanence requirements in the position; If the worker turns out to be unfit, he or she may reapply for the evaluation once the parameters set out in the first paragraph of this article have been met.

The evaluable period will coincide with the time spent at the corresponding level according to the provisions of article 8.1.

The EVD will be carried out as stated in article 12 of this text and this article and the result may be suitable or not suitable. In the event that the worker obtains the qualification of apt, the EVD and the effectiveness of the progression (ascent to the higher economic level) will be considered passed.

Workers who are considered unfit may request a new EVD after at least one year has elapsed from the date on which the previous evaluation was carried out. In the case of being passed, the date for the purposes of progression will be that of the new evaluation. In this situation, the period of time elapsed between the first evaluation and the following ones will not count for the effects of experience at the higher level.

12.3 Responsibility and performance of the EVD.

The work of the EVD is the responsibility of the employer or company management. For practical reasons, functions may be delegated to the HR department. H H. or in the direct superior, who will act as an evaluator on a regular basis given his closeness and knowledge of the workers evaluated. In either case, the EVD must be endorsed by the HR department. H H. or, failing that, the employer or the company's Management.

12.4 Certification and approval.

Companies must issue the corresponding certificate in the event that the worker obtains a pass qualification in the EVD.

If there is mobility of workers between different companies in the sector, the company must evaluate the worker based on the time they have provided service in the company itself. In any case, workers may request the EVD once the level of experience parameter has been met, accounting for these purposes by the sum of the experience in the different companies. The worker will be obliged to present the corresponding documentary accreditation.

The workers that within the company are carrying out the functions specified in article 41.2. "Plus of Functions", will have the EVD of the level in which they are included, included in the salary receipt, approved and validated. Likewise, the worker with exclusive dedication to union functions will have passed the EVD once the training and the time spent at the level have been completed.

12.5 Coordination with the Legal Representation of the Workers.

In the event that there is RLT within the company, an EVD monitoring commission will be created, made up equally of the Legal Representation of the Workers and the company. Said commission will meet quarterly and will be in charge of jointly analyzing the processes, evaluation systems, results and possible conflicts derived from the EVD. In addition, the appropriate guidelines will be established to perfect the evaluation system in order to achieve maximum objectivity in the aforementioned processes.

12.6 Protocol for action and work development.

Companies must send the worker the protocol for action and work development in writing at the beginning of the period to be evaluated. The protocol will be prepared by the company and written in a clear and concise manner, taking into account the salary level in which each worker is included. This document will be a procedure for action and work development that will contain the basic guidelines regarding the position of each worker or group of similar functions.

For its preparation, the relationship with the structure of qualification levels prepared by INCUAL (Law 5/2002 and Royal Decree 1128/2003 and modifications of Royal Decree 1416/2005) will be taken into account, so that there is a relationship between the protocol of action and development of the work and the subsequent EVD of the worker. It will be based on the following table:

12.7 Scoring system.

The EVD will be carried out using the official questionnaire included in this text. In the EVD, different aspects related to the worker's activity will be assessed during their stay at the level being evaluated, taking into account the protocol for action and development of the work included in article 12.6 of this text.

The direct superior will complete the questionnaire, proceeding to the individualized scoring of the following items that will assess the performance of the worker at the evaluation time, granting the score according to his criteria, which will be substantiated and in no arbitrary case.

This questionnaire will be completed in the presence and collaboration of the evaluated worker and will be signed by both parties with a copy for the worker. In the event of non-conformity on the part of the worker, due to total or partial discrepancies in the superior's score, the latter may indicate the reasons for the disagreement in the observations section.

12.8 Conflict resolution within the company.

If the worker shows disagreement with the result of the final evaluation, he or she may refer the subject of controversy to the Monitoring Committee of the EVD company included in article 12.5 of this text. The Monitoring Commission may request from the parties the means of proof that it deems appropriate in order to objectify the evaluation process and its procedure.

The Commission must issue a report within a period not exceeding two months. In the event that there is an agreement between the parties within the Commission, said report will be binding for the worker and the company. In case of disagreement, the duly argued position of the parties will be established in said report and the possibility for the worker to refer the case to the Mixed Joint Commission of the Collective Agreement of Travel Agencies will be indicated, and the forms of contact with the same.

The aforementioned Commission will resolve according to the provisions of article 12.9 of this text.

12.9 Out-of-court settlement of conflicts within the scope of the mixed joint commission of the State Collective Agreement for Travel Agencies.

The Joint Commission will meet quarterly in order to analyze and resolve any discrepancies that have arisen and are brought before this body in the field of companies in relation to the EVD. To establish contact with said commission, the following email address solucionevdaavv@gmail.com is created, which will be used exclusively to raise conflicts or controversies derived from the EVD; In no case may it be used for functions other than what is expressed.

The Joint Commission will articulate the start of the resolution procedure provided that the following requirements are met:

12.10 EVD request by the worker in the first year at level 1.

According to the provisions of article 8.2, workers who are located in salary level 1 may remain in it for one to three years, and the worker may request a performance evaluation after the first year.

In order for workers to apply for the EVD at the end of the first year, they will have to prove the experience or academic training included in article 12 of this text. In this case, the general regulations set forth in this EVD article will apply.

With the exception of the rule expressed in the previous paragraph, in the event that the worker cannot prove the experience or academic training, he may request the EVD at the end of the first year; however, and exclusively in this situation, to be qualified as suitable, the worker must obtain a score equal to or greater than 6 points, in the sum of the four questionnaires.

12.11 Questionnaire.

The questionnaire will be based on the assessment of the worker's skills in relation to four differentiated aspects: general assessment, technical skills, personal efficacy skills and other skills. The evaluation will be carried out based on the protocol delivered by the company to the worker.

The general evaluation will be valued, granting the corresponding score based on compliance with each item and proportionalities may not be applied to any of them.

The score for technical skills, personal efficacy skills and other skills will be made by granting scores only on the corresponding scale of each item according to their degree of compliance.

In the event that it is impossible to assess and score any of the items as a result of the lack of relationship between the competence to be evaluated and the worker's service provision, the worker will invalidate the the corresponding item and the corresponding proportionality will be applied to the total score, and, therefore, to the minimum necessary to obtain the pass rating, included in the following paragraph.

To pass the EVD, the sum of the scores from the four questionnaires will be taken into account. To obtain the qualification of apt, the worker will have to achieve at least a total of five points out of the ten possible, and must also obtain at least 33% of the maximum score in each of the four questionnaires. In the event of obtaining a score of less than five points or the minimum established in each questionnaire individually, the result of the EVD will be unfit.

QUESTIONNAIRES

CHAPTER V Contracting

Article 13 Contracting and settlements

The employment contracts referred to in the legislation must be communicated to the legal representation of the workers by delivery, within a period not exceeding ten days, of a copy or photocopy of the same, which will contain the data that said norm determines. In the absence of legal representation of the workers, said communication will be sent to the union representation in the company, if any, and professional confidentiality must be observed regarding said information, and provided that the affected worker does not expressly object.

The basic copy to be delivered will consist of a complete photocopy of the contract in which the data that affects the personal privacy of the worker will be deleted. For the purposes of the provisions of Royal Legislative Decree 2/2015, data that affects the personal privacy of the worker will be understood as those that, referring to his person, have no relevance with respect to the employment relationship.

As regards internship contracts, the maximum duration of the internship contract will be two years. When contracts of shorter duration are entered into, the parties may agree on up to two extensions with a minimum duration of six months without, computing the initial period and its extensions, the contract exceeding two years of validity. The remuneration of the worker / a contracted internship will be determined by current regulations. The workers hired in practices must be for the professional level, in accordance with their degree and professional qualification, which allows obtaining the professional practice appropriate to the level of studies completed. Their minimum remuneration will be 70% during the first year of the contract and 85% during the second year of the contract. However, once the internship contract is completed, they may be hired by the company at any of the levels and groups provided for in this agreement.

An internship contract may not be concluded on the basis of a professional certificate obtained as a result of a training contract previously entered into with the same company or group of companies.

The trial period must be agreed in writing and will be six months for the qualified technicians who effectively carry out said functions, and for the rest of the workers, two months (or three months in companies of less than 25 workers). For unskilled workers, apprentices and those assigned to level one, the trial period will be reduced to one month.

In terms of training contracts, their duration may not be less than six months nor more than three years, being regulated by the provisions of the Workers' Statute and implementing regulations. If the training contract had been concluded for a period of less than three years, the parties may agree to extensions, according to current regulations. The total duration of the contract, added initial period and extensions, may not exceed three years.

To determine the number of workers per company, those linked to it by a training contract will be excluded.

In the training contract, a trial period of one month may be agreed in writing.

The workers' representatives will be informed of the contracts signed by the companies affected by this agreement with temporary employment agencies.

Article 14 Contract for specific service and eventual contract due to production circumstances

14.1 General Provisions.

The use in fraud of the Law of eventual contracts and specific work or service will entail the consideration of the affected worker as permanent staff.

Temporary contracts may not contain general conditions lower than those established at any time by the current standard to regulate the modality in question.

In order to sufficiently review its content, workers will have the right to have the company deliver the settlement document, which they will eventually sign, at least five calendar days in advance of the date of receipt, or fifteen calendar days if the contract had a duration equal to or greater than one year. The workers may request the presence of a legal representative at the time of proceeding to sign the settlement receipt, stating both the presence of the representative of the workers with their signature and the non-presence of said representative by worker's decision.

14.2 Contract for specific work or service.

For the purposes of the provisions of article 15.1.a) of the Workers' Statute, the following shall be understood as jobs or tasks with their own substantivity, in addition to the general ones contemplated in current regulations:

The duration of this contractual modality, according to article 15.1.a) of the Workers' Statute, may not exceed three years.

Upon termination, due to the end of the contract term, the worker will be entitled to compensation of twelve days of salary per year of service, or its proportional part, computing for this purpose the pro rata of extraordinary payments.

Whatever the type of contract signed, its nature will not be understood to be distorted by the fact that the worker, in order to complete the working day established in the collective agreement, can carry out other functions and residual tasks as long as when they correspond to those of their professional group.

If the cause that motivates the use of one of the aforementioned contractual modalities has ended, the worker will continue to provide his services in the company, he will acquire the status of permanent staff.

14.3 Eventual Contract due to production circumstances.

This contractual modality may be used when there is an accumulation of tasks or excess orders, in use of Royal Decree 2720/1998, of December 18 or regulation that replaces it.

The maximum duration of this contract will be:

For the purposes of calculating temporary contracts, those signed with disabled workers, those signed with workers over forty-five years of age, those signed with long-term unemployed workers, temporary contracts, those of relief and those formalized to cover the absence of a worker with the right to reserve a job.

Those companies that do not reach the ratio between indefinite-term contracts and temporary contracts specified in the preceding sections may not extend the maximum duration of this contract beyond the reference periods and maximum durations contemplated in Royal Decree 2720/1998 , of December 18, or regulation that replaces it.

In order to apply the provisions in relation to the durations and reference periods of the eventual contract due to production circumstances, the companies that want to take advantage of the duration and reference periods contemplated in this article and greater than those of the Real Decree 2720/1998, must deliver to the legal representation of the workers, and at the end of each calendar year, the list of contracts for an indefinite period and the list of temporary contracts, with expression of their modality, in order to calculate the percentages to which reference is made.

Article 15 Resignations

The resignations of personnel, once the trial period has passed, must be communicated in writing to the company at least fifteen days in advance. If this advance notice is not given, the interested parties will lose one day's salary for each day of defect.

In contracts lasting less than a year, this notice will be at least ten days. In levels eight, nine and ten, this notice will be one month, unless the contract has a duration of less than one year, in which case it will be at least fifteen days.

CHAPTER VI Work organization

Article 16 Functional mobility

Functional mobility is understood to be the one that derives from the power that the employer has to decide to change the job position of his workers, when he deems it necessary for the proper functioning of the organization, provided that it is carried out without detriment of the economic and professional rights that correspond to them.

Functional mobility may be applied within professional groups, without being limited by belonging to a specific professional subgroup.

The suitability and aptitude requirements necessary for the performance of the tasks entrusted to the worker will be the limit of said functional mobility.

For the purposes of this article, it will be understood that the required suitability exists when the ability to perform the new task is derived from the previously performed one, or the worker has the required level of training or experience. If the above requirements do not occur, the company must provide the worker with the aforementioned training.

The workers subject to such mobility will be guaranteed their economic and professional rights, in accordance with current legislation.

On an exceptional basis, there may be functional mobility between groups, provided that it is justified for technical or organizational reasons and for the time necessary for its completion, in addition, in these cases the function bonus must be paid.

Article 17 Adaptation to the workplace

The company, on its own initiative or at the request of the worker through the health and safety committee, must evaluate the adaptation of the workplace as determined by the Occupational Risk Prevention Law (Law 31/1995), specifically, Article 25 regulates the protection of workers especially sensitive to certain risks, in the following terms:

The employer will specifically guarantee the protection of workers who, due to their own personal characteristics or known biological state, including those who have a recognized situation of physical, mental or sensory disability, are especially sensitive to the risks derived from work.

To this end, these aspects must be taken into account in risk assessments and, based on these, they will adopt the necessary preventive and protective measures. In turn, the regulation of the Prevention Services (Royal Decree 39/1997) in article 4.1 and 4.2.c) establishes that «The initial evaluation of risks that could not be avoided must be extended to each of the posts work of the company in which said risks concur. For this, the following will be taken into account:

In particular, for the purposes of the provisions on risk assessment in article 26.1 of Law 31/1995, of November 8, on Occupational Risk Prevention, annex VII of this royal decree includes a non-exhaustive list of agents, procedures and working conditions that can negatively influence the health of pregnant or breastfeeding workers, the fetus or child during the breastfeeding period, in any activity likely to present a specific risk of exposure.

In any case, pregnant workers may not carry out activities that pose a risk of exposure to the agents or working conditions included in the non-exhaustive list of part A of annex VIII, when, according to the conclusions obtained from the evaluation of risks, this may endanger your safety or your health or that of the fetus. Likewise, the lactating worker may not carry out activities that involve the risk of exposure to the agents or working conditions listed in the non-exhaustive list of annex VIII, part B, when the evaluation shows that this could put endanger your safety or health or that of the child during the period of breast-feeding. In the cases provided for in this paragraph, the measures provided for in article 26 of Law 31/1995, of November 8, on Occupational Risk Prevention, will be adopted in order to avoid exposure to the indicated risks.

From said initial evaluation, the jobs that may be affected by:

To do this, the worker must previously provide a medical report from the Social Security, which must be ratified by the Health Surveillance physicians and the subsequent action of the prevention service technician.

To make their right to health protection effective, workers with disabilities who prove the need to receive physical-psychological rehabilitation treatment outside their locality related to their disability, will have the preferential right to occupy another job, from the same professional group, that the company has a vacancy in another of its workplaces in a location where said treatment is more accessible, under the same terms and conditions established for female workers victims of gender violence and for victims of terrorism.

Article 18 Regulation of Teleworking

It is agreed within the framework of the Collective Agreement of Travel Agencies between the representation of the CEAV companies and the representation of the workers the development of a teleworking agreement, within the principles included in the European Framework Agreement on Teleworking of July 16, 2012 and in Royal Decree-Law 3/2012, of February 10, on urgent measures for the reform of the labor market, as well as in Law 10/2021, of July 9, on the Labor Law from distance.

18.1 Scope of application.

The teleworking modality consists of the performance of the professional activity without the physical presence of the worker in the workplace, who can carry out his activity from his home or in the place chosen by the worker, using the new technologies of information and communication, within the scope of application of Royal Decree-Law 28/2020, on remote work, or that which may exist in the future.

Consequently, the implementation may be carried out in those activities susceptible to this modality of provision of services within companies, an issue that must be defined together with the RLT and with the limitation in employment contracts entered into with minors and in contracts for internships and for training and learning, in which there will only be a distance work agreement that guarantees, at least, a percentage of fifty percent of face-to-face service provision, without prejudice to telematic development, where appropriate, of theoretical training 18.2-Formalization.

The development of the provision of teleworking services will be formalized in writing by means of an agreement between the Company and the worker in the terms provided in this document, following the general model attached to this Agreement, and may be adapted by each company, being required adaptations to reflect the following mandatory minimum content:

The company must deliver to the legal representation of the workers a copy of all the remote work agreements that are made and their updates, excluding those data that, in accordance with Organic Law 1/1982, of 5 May, of civil protection of the right to honor, to personal and family privacy and to one's own image, could affect personal privacy, in accordance with the provisions of article 8.4 of the Workers' Statute. The processing of the information provided will be subject to the principles and guarantees provided for in the applicable regulations on data protection.

This copy will be delivered by the company, within a period not exceeding ten days from its formalization, to the legal representation of the workers, who will sign it in order to certify that the delivery has taken place.

The modification of the conditions established in the remote work agreement, including the percentage of face-to-face work, must be the subject of an agreement between the company and the worker, formalizing it in writing prior to its application. This modification will be brought to the attention of the legal representation of the workers.

People who carry out remote work from the beginning of the employment relationship during the entirety of their day, will have priority to occupy jobs that are carried out totally or partially in person. For these purposes, the company will inform these people who work remotely and the legal representation of the workers of the vacant jobs of a face-to-face nature that occur.

18.3 Labor Conditions.

Teleworking does not modify the pre-existing labor relationship, nor the economic and labor conditions of the workers, which are maintained in their terms in accordance with the Collective Agreement of Travel Agencies and Collective Agreements applicable in the Company, with the specific regulations established in this Agreement derived from the provision of services in Telework.

18.4 Voluntary nature and reversibility.

In those companies that choose to implement this type of work, it will be voluntary, both for the employee accepting it, and for the company offering it; and it is equally reversible for both parties.

Regarding reversibility:

By the Company through a reasoned decision and notifying the teleworker with thirty days notice, unless otherwise agreed between the parties.

The Employee may also exercise the right of reversion by giving thirty days notice, unless otherwise agreed between the parties.

If the employee exercises the right of reversion, once the periods mentioned in the previous paragraph have elapsed, he or she will provide services in person as they had been doing prior to signing this Agreement. If it is a teleworker who has never done face-to-face work before, this reversal will be conditioned by the existence of face-to-face job vacancies compatible with their professional profile.

The refusal of the worker to work remotely, the exercise of reversibility to face-to-face work and the difficulties for the adequate development of the remote work activity that are exclusively related to the change from a face-to-face benefit to another that includes remote work, will not be justifications for the termination of the employment relationship or the substantial modification of working conditions.

18.5 Implementation conditions.

A) Provision of teleworking services.

Employees who telework will continue to be formally attached to the same Unit and/or work center where they had been carrying out their functions prior to their incorporation into teleworking, except for reasoned cause (such as the closure of the corresponding work center , etc.). In the case of new incorporations, this unit/center must be indicated in the employment/teleworking contract.

The provision of services under a teleworking regime means that workers will be able to carry out their duties remotely during their working day, working from their home or in the place chosen by the worker. The minimum teleworking time will generally be two days a week, and may be extended by mutual agreement of both parties.

Given the characteristics of the teleworking regime, the worker during the performance of his face-to-face shift, will occupy a physical work position enabled for this purpose.

B) Day and hours.

The worker will carry out their non-face-to-face shift that will be included in their teleworking contract, under the same conditions that they had been doing face-to-face, unless otherwise agreed between the parties. However, the percentage of teleworking days could be subject to modification by agreement between the parties and would be reflected in the corresponding contract. The remaining time of his working day, if any, must be developed by the employee at the Company's facilities.

It is necessary to combine control of teleworking with the necessary flexibility to carry out work in the presence (attendance at meetings, courses, etc.), in such a way that teleworking cannot limit the proper and effective organization of work, and as long as it is reasoned and with sufficient notice, the need to attend the workplace in person, even when the agreement with the worker is 100% teleworking. In any case, these will be exceptional and time-limited situations. For this purpose, when the aforementioned flexibility requires a substantial change in the conditions of the signed teleworking contract, it will require the agreement between the parties, or apply reversibility.

The employer may require the physical presence of the teleworker at their assigned work center, respecting a minimum notice of 48 hours, for justified reasons that require the unavoidable physical presence of the worker, for example: training actions, meetings , presentations, and whenever the reason that justifies it cannot be solved electronically…. In these cases, the teleworker will have the obligation to attend this call.

C) Objectives.

The Company must communicate to the worker the minimum standards of quality and execution established for the correct fulfillment of the services provided. In this sense, the Unit to which the Employee is assigned will notify the teleworker in writing of the productivity indicators according to which he must carry out his functions.

D) Training.

The Company will provide the worker with specific training in order to facilitate their adaptation to this modality of work, and specifically they will receive information and training on risk prevention, specifically oriented towards teleworking.

Likewise, he will be called and will maintain attendance at face-to-face and/or distance courses that allow him to continue professional updating.

E) Means and facilities.

For the exclusive execution of the work, the Company will make available to the worker, as a deposit, a computer equipment, as well as sufficient work material in accordance with the tasks of their position and the needs of their area or Unit, as well as the useful life or maximum period for their renewal.

The maintenance of the equipment will be carried out by the company's technical support service.

Likewise, the worker will be provided with the computer programs and other software necessary for the proper performance of their functions and responsibilities, all of which are property of the Company. For its part, the employee must use the work tools provided by the Company correctly and adequately and accept the policies for their use, previously agreed upon with the legal representation of the workers, and informed in writing, and the Company may require responsibilities for the inappropriate use of the same or the damages that could be caused attributable to the worker.

The Company may at any time proceed to replace it with another team.

The Company will deliver the procedure to follow in the event of technical difficulties that prevent the normal development of remote work.

F) Risk Prevention.

Regarding Prevention and occupational health, the provisions of Law 31/1995, on the prevention of Occupational Risks, will be followed. Teleworking positions must comply with the conditions referring to work positions with data display screens, according to Royal Decree 488/1997, for which purpose the employee will be informed of these and the employee will declare that they are aware of them.

During the Teleworking situation, the Employee will be summoned for medical examinations according to the protocol established by the Company for its Employees.

Aspects related to teleworking from the point of view of the Law on Prevention of Occupational Risks will be dealt with within the scope of the CESS. The development of risk assessment and preventive planning must take into account the risks inherent in this type of work, paying special attention to ergonomic and organizational factors.

The risk assessment should only cover the area authorized for the provision of services, not extending to the rest of the areas of the home or the place chosen for the development of remote work.

The company must obtain all the information about the risks to which the person who works remotely is exposed through a methodology that offers confidence regarding its results, and foresee the protection measures that are most appropriate in each case.

When obtaining said information requires a visit by someone with powers in preventive matters to the place where, in accordance with the provisions of the agreement referred to in section H), remote work is carried out, A written report must be issued justifying said point, which will be delivered to the worker and to the prevention delegates.

The aforementioned visit will require, in any case, the permission of the worker, if it is his or her address or that of a third party.

If said permit is not granted, the development of the preventive activity by the company may be carried out based on the determination of the risks derived from the information collected from the worker according to the instructions of the prevention service.

Companies are obliged to avoid any discrimination, direct or indirect, particularly on grounds of sex. Likewise, they will be obliged to review and include the labor characteristics of these people in the Equality Plans.

G) Intellectual property, data protection and right to privacy.

The intellectual property of the computer and communication programs subject to transfer will be governed by the provisions of the Consolidated Text of the Intellectual Property Law (Royal Legislative Decree 1/1996, of April 12, modified by Law 5/ 1998, of March 6, 1998, which incorporates into Spanish law Directive 96/9/EC of the European Parliament and its Council, of March 11, 1996, on the legal protection of databases.

Workers acknowledge that all rights derived from intellectual property, computer programs and any other activity, work, work or creation are subject to said legal regime, both in terms of ownership and exploitation rights of the same, that you can carry out on the basis of the employment relationship and during the validity of your teleworking situation, are the exclusive property of the Company, in accordance with the aforementioned Royal Legislative Decree 1/1996, of April 12, and other applicable legal regulations.

With regard to files containing personal data, the provisions of the Security Regulations developed in article 9 of the Organic Law on Data Protection will be followed, guaranteeing the right to privacy and protection of data.

The use of telematic means and the control of labor provision through automatic devices will adequately guarantee the right to privacy and data protection, in the terms provided in Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights, in accordance with the principles of suitability, necessity and proportionality of the means used.

The company may not require the installation of programs or applications on devices owned by the worker, nor the use of these devices in the development of remote work.

Companies must establish criteria for the use of digital devices, respecting in all cases the minimum standards of protection of their privacy in accordance with social customs and legally and constitutionally recognized rights. The legal representation of the workers must participate in its preparation.

The company may specify the terms within which workers can make use for personal reasons of the computer equipment made available to them by the company for the development of remote work, taking into account the social uses of these means and the particularities of remote work.

Workers, in the development of remote work, must comply with the instructions established by the company within the framework of data protection legislation, with the prior participation of the legal representation of the workers.

Workers must comply with the instructions on information security specifically set by the company, prior information to their legal representation, in the field of remote work.

H) Control and Audit.

The Company may carry out the appropriate remote controls, provided that there is a prior protocol duly communicated to the RLT and to the workers themselves, in order to verify the correct compliance of their obligations by the workers.

I) Compensation and expenses.

The amounts that are being charged in the Plus Transportation concept and despite not having that expense for which it is a compensatory amount, will continue to be charged under the same conditions.

The aforementioned amount is intended to compensate teleworkers for those expenses that could be derived from their affiliation to the teleworking modality. The concept will be renamed Plus Transport/Telework.

Remote work will require a place to carry out teleworking with physical and environmental means, as well as supplies, appropriate to the work to be carried out, including furniture and internet connection, which will have to comply with what is established in the regulations in force at all times in terms of Occupational Risk Prevention. All the expenses that are caused by this will be assumed directly by the worker, and the company will compensate the worker for such expenses with the payment of a flat-rate compensation established in the so-called "Transportation/Teleworking Plus".

Specifically, with the compensation established in the so-called "Transportation/Teleworking Plus", the company will compensate the worker for the following expenses: i) physical space that meets the appropriate environmental conditions for the performance of the entrusted work, ii) table, chair and footrest, iii) energy consumption (including air conditioning) and expenses derived therefrom, and iv) sufficient connection and Internet consumption.

The company, for its part, will provide teleworkers with the necessary technological and office means for an efficient development of the functions of the job.

The means that the company will provide to the teleworker are, in an enumerative and non-limiting way, depending on the work that they have to develop, i) laptop, ii) necessary software, iii) mouse, iv) headphones, v) access to the company's applications and websites necessary to carry out the entrusted task and be adequately connected with the company and with the other members of the work team, and vi) the necessary consumables to carry out the entrusted work, etc... The above means will vary according to depending on the characteristics of the job and the possible regulations in force.

In the event that, in the performance of their functions, the worker must make work trips, the travel, accommodation and maintenance expenses incurred will be borne by the Company, in accordance with current regulations in the Collective Agreement of Travel Agencies. All travel expenses to the workplace where the worker is attached that he or she has to carry out will be at their expense, regardless of the place they have chosen to carry out the remote work.

18.6 Collective rights of people who work remotely.

Remote workers will have the right to exercise their rights of a collective nature with the same content and scope as the rest of the workers at the center to which they are attached.

The company must guarantee full respect for the principle of equal treatment and opportunities between the remote worker and the person who performs tasks in the company establishment.

The company must provide the legal representation of the workers with the necessary elements for the development of their representative activity, including access to communications and electronic addresses for use in the company and the implementation of the virtual bulletin board, when be compatible with the form of provision of remote work.

It must be ensured that there are no obstacles to communication between remote workers and their legal representatives, as well as with other workers.

It must be guaranteed that remote workers can participate effectively in the activities organized or called by their legal representation or by the rest of the workers in defense of their labor interests, in particular, their effective participation in person for the exercise of the right to vote in elections for legal representatives.

18.7 Right to digital disconnection in teleworking.

The need to protect the safety and health of workers is established through meticulous compliance with regard to work times and the minimum necessary rest periods, in addition to a convenient organization and use of technological resources for the provision of work that guarantees the right to rest and the reconciliation of family and work life.

The companies will prepare protocols, instructions, guides and a plan of training and awareness actions on the protection and respect of the right to digital and labor disconnection and on a reasonable and adequate use of ICTs that avoids the risk of computer fatigue, aimed at all levels of the organization, and for this it will make the necessary information and/or training available to all workers.

People who work remotely, particularly teleworking, have the right to digital disconnection outside of their working hours in the terms established in article 88 of Organic Law 3/2018, of December 5.

The business duty to guarantee disconnection entails a limitation on the use of technological means of business and work communication during rest periods, as well as respect for the maximum duration of the day and any limits and precautions regarding working hours provided by the applicable legal or conventional regulations.

The company, after hearing the legal representation of the workers, will prepare an internal policy aimed at workers, including those who hold management positions, in which they will define the modalities of exercising the right to disconnection and the actions of training and awareness of staff on a reasonable use of technological tools that avoids the risk of computer fatigue. In particular, the right to digital disconnection will be preserved in cases of total or partial remote work, as well as at the home of the employee linked to the use of technological tools for work purposes.

18.8 Monitoring Committee.

Given the novelty and complexity of the matter, it is established that the monitoring and interpretation of the content of this Agreement will be the responsibility of the Mixed Joint Commission.

Likewise, within the Companies, a Commission may be set up for the implementation and monitoring of teleworking. This commission will be of a joint nature and will include representatives of the Company and the RLT. The operation of said commission will be agreed by the parties; however, there will be an obligation to hold a quarterly meeting.

Article 19 Right to digital disconnection

The Organic Law on the Protection of Personal Data and Guarantee of Digital Rights (Organic Law 3/2018, of December 5) establishes the right of workers to digital disconnection in the workplace, in the following terms:

Workers will have the right to digital disconnection in order to guarantee, outside of legal or conventionally established work time, respect for their rest time, permits and vacations, as well as their personal and family privacy.

The modalities of exercising this right will attend to the nature and purpose of the labor relationship, will promote the right to reconcile work activity and personal and family life and will be subject to what is established in collective bargaining or, in failing that, as agreed between the company and the workers' representatives.

The employer, after hearing the workers' representatives, will draw up an internal policy addressed to workers, including those who hold managerial positions, in which they will define the modalities of exercising the right to disconnection and the training and staff awareness about a reasonable use of technological tools that avoids the risk of computer fatigue. In particular, the right to digital disconnection will be preserved in cases of total or partial remote work, as well as at the employee's home linked to the use of technological tools for work purposes.

Article 20 Record of Day

The company will guarantee the daily record of the working day, which must include the specific start and end times of the working day for each worker, without prejudice to the flexible hours established in this article. Through collective bargaining or agreement of the company or, failing that, the employer's decision after consultation with the legal representatives of the workers in the company, this record of working hours will be organized and documented.

The company will keep the records referred to in this precept for four years and they will remain available to the workers, their legal representatives and the Labor and Social Security Inspectorate.

Article 21 Geographical mobility

The company may agree to mandatory geographical mobility if there are technical, organizational, economic or productive reasons that justify it. In such cases, the following criteria must be taken into consideration when transferring workers:

In all cases of forced transfers, the company will notify the workers' representatives of its decision in advance. In the rest, the requirements established in article 40 of the Workers' Statute will be observed.

Regarding the compensation for expenses to be paid to the worker due to the forced relocation, if a change of residence is necessary, the company must cover the expenses related to housing, removal and transfer of belongings.

In cases of displacement, the worker will be entitled to compensation for the expenses that arise for this reason.

In cases of forced transfer with change of residence and in those of displacement for a period of more than three months, the worker will have the right to have the company pay the transportation and travel expenses so that, at least one weekend each month, you can travel to your place of residence of origin.

The voluntary transfer will be requested in writing and, if there are several workers who request the same vacancy, they will follow a shift of seniority in the position. It will only be granted to permanent staff and for vacancies that can be covered with their professional level.

The transfers requested by the personnel of the peninsula who were stationed in Ceuta, Melilla, the Canary Islands or the Balearic Islands, remaining in them for more than five years, will be attended with absolute preference for the populations of the peninsula that wish.

Personnel who base their transfer request on the fact of meeting with their spouse or cohabitant, will have preferential right, its concession being mandatory whenever there is a vacancy and the worker has a seniority of more than five years, in companies with a staff of more than one hundred workers.

Similarly, the systematic and voluntary relocation of workers to the work centers closest to their homes is recommended as a criterion.

Article 22 Exchanges

Employees of the same company assigned to different locations that belong to the same professional group, may arrange an exchange of their positions subject to what the company freely decides, taking into account the needs of the service.

If the exchange is carried out, the interested parties will not be entitled to compensation for travel expenses or allowances.

If the company denies the exchange, it must inform the RLT along with the reasons that justify this decision.

CHAPTER VIIWorkday, schedule, breaks, vacations, leaves and transfers

Article 23 Workday and schedule

23.1 Day.

The ordinary working day will be one thousand seven hundred and fifty-two hours (1,752) of effective work, calculated annually.

The rest between shifts will be at least 12 hours and the maximum daily shift of nine hours. The daily work shift may be carried out continuously or split; When this is done in a split way, it will only be possible to make a single interruption in said daily shift. This interruption will have a minimum duration of 15 minutes and a maximum of three hours.

On the basis of promoting measures aimed at improving the reconciliation of work and family life of the workers subject to this agreement, those workers whose working hours are reduced under the provisions of article 37.5 of the Statute of workers exceeds six continuous hours a day, their break during it, which will not exceed 15 minutes, will be considered effective working time.

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23.2 Breaks and pay offs.

The minimum weekly rest will be one and a half uninterrupted days that will be enjoyed, as a general rule, the full day of Sunday and the rest, on the Saturday before or the following Monday, respecting the ordinary annual working day. In the receptive services of travel agencies when organizational or productive reasons so require, this general rule will be considered ordinary working time, so these workers will be entitled to equivalent compensatory rest.

With an exception to the general rule expressed in the previous paragraph, workers who provide services in work centers located in large commercial areas, or areas of special tourist interest and at times of the year in which In the event of a temporary or seasonal increase in the demand for services, as well as those workers who are affected by the opening holidays authorized by the autonomous communities, they will be guaranteed at least two Sundays off per month, as well as the compensatory rest equivalent to the hours worked on said days.

23.3 I work on holidays.

The provision of service carried out on Sundays and/or holidays, full-time, in the terms described above, will have an additional remuneration as economic compensation for said provision of service. It will be paid in the salary receipt of the following month, as a Holiday Plus, for the amount of 45.54 euros in the years 2019, 2020, 2021 and 2022. From the seventh Sunday and/or holiday worked in each calendar year you will receive the amount of 51.26 euros in the years 2019, 2020, 2021 and 2022. In case of not doing the full day, the proportional part of the time worked will be received.

Workers who regularly provide receptive services, regardless of the place of performance of this activity (airports, ports, train/bus stations, etc.) are exempt from the additional remuneration established for the provision of Service performed on Sunday and/or public holiday.

According to the characteristics of each company, the annual distribution of Sundays and/or holidays, as well as the economic compensations expressed in the previous paragraph, may be modified, respecting in any case the previous minimums, by agreement with the company and the legal representation of the workers, or with the workers themselves if there is no representation thereof.

Those workers hired prior to the entry into force of this Collective Agreement who did not have the obligation to work on Sundays and/or holidays provided for in their contract or subsequent agreement, will maintain this right as the most advantageous personal condition.

Those workers who have a special work and compensation regime for being an area of ​​special tourist interest officially declared, will maintain this right as the most advantageous personal condition.

The marking of Sundays and holidays to work for each worker will be carried out as a maximum date of March 1 of the current year.

In the event of unforeseen openings on Sundays or holidays due to lack of knowledge and its programming is not possible before March 1, the worker will be notified as far in advance as possible, accumulating the compensatory rest for said Sunday or holiday worked to vacations or linked to another holiday or Sunday without obligation to work and at the worker's choice.

23.4 Additional days of pay off.

December 24 and 31 and Holy Saturday will be considered free for the staff. However, when these dates are worked for organizational or productive reasons, the affected workers will be entitled to compensatory rest.

23.5 Hours.

The hours of each work center, as well as that of the workers assigned to them, will be agreed between the companies and the representatives of the workers, by mutual agreement. The distribution of the working day will be carried out by work center in order to bring the provision of work as close as possible to the specific needs of each productive unit. The annual work schedules by workplace must be drawn up by the last day of February of each calendar year. The annual schedule and the annual calendar, once agreed, will have to be disseminated within each affected work center for its due publicity and knowledge by the workers.

Workers must know the work schedules and individual days off by February 28 at the latest. The employer may change this planning when unforeseen and duly justified organizational causes occur, and will notify the affected worker as far in advance as possible in order not to harm their right to conciliation, within the limits established in current legal regulations.

Workers who provide shift service have the right to be notified at least thirty days in advance.

At the company level, agreements may be negotiated with the RLT regarding the distribution of working hours, hours and breaks with the scope and effects provided for in article 84 of the Workers' Statute.

Article 24 Night work

A night work bonus of 40% of the base salary plus seniority is set. Independently and with respect to the provisions of article 36 of the Workers' Statute, the work time between 10:00 p.m. and 07:00 a.m. will be paid with the night work bonus provided for in this article. If the time worked within the night period from 10:00 p.m. to 07:00 a.m. is less than three hours, that will be paid exclusively for the hours worked. If the hours worked were three hours or more, the supplement corresponding to the entire day will be paid.

This bonus will affect all workers unless the salary has been established taking into account that the work is night by its very nature.

Article 25 Part-time work

The employment contract shall be understood to be entered into part-time when the provision of services has been agreed for a number of hours per day, week, month or year less than the working day of a full-time worker .

It can be arranged for an indefinite period of time or for a determined duration; in the latter case, any contractual modality may be accepted, with the exception of the training contract.

Formalization: the contract must include the number of ordinary working hours per day, week, month or year contracted and their distribution. If these requirements are not observed, the contract will be presumed full-time, unless there is evidence to the contrary that proves the partial nature of the services and the number and distribution of hours contracted.

25.1 Complementary hours.

Complementary hours will be considered those whose possibility of realization has been agreed as an addition to the ordinary hours agreed in the part-time contract. The employer may only require additional hours when they have expressly agreed with the worker. Complementary hours will require a specific agreement formalized in writing between the worker and the company regarding them in the contract. They may be formalized in the case of part-time contracts with a working day of not less than ten hours per week in annual calculation and may not exceed 50% of the contracted ordinary hours. In any case, the sum of ordinary and complementary hours will not exceed the legal limit of the part-time employment contract.

The specification of additional hours must be communicated to the worker with a minimum notice of fifteen days.

25.2 Retribution.

It will be proportional to the number of hours worked per day, week, month or year compared to the usual working day in the activity in question.

In the case of partial retirement, the remuneration of the retiring worker will be compatible with the pension recognized by Social Security.

Article 26 Overtime

Overtime hours are those of actual work that exceed the ordinary annual work day as set forth in article 23.1 of the current Collective Agreement.

With the aim of promoting job creation, both parties agree on the advisability of reducing overtime to the essential minimum in accordance with the following criteria:

Hours of work that exceed the ordinary annual working day or lower cycles, in cases of modalities or contractual durations lower than the previous one, will be considered extraordinary. Overtime and force majeure hours will be paid with an increase of 80% over the salary that corresponds to each ordinary hour. Those made on holidays will be increased by 100% on the same basis. By common agreement with the affected workers or the workers' representatives, they may be compensated for equivalent rest times increased by the respective aforementioned percentages.

The company will report monthly to the Works Council, the personnel delegates and union delegates on the number of overtime hours worked, specifying the causes and, where appropriate, the distribution by sections. Likewise, based on this information and the criteria indicated above, the company and the legal representatives of the workers will determine the nature and nature of the overtime.

Article 27 Holidays

The workers attached to this agreement will be entitled to thirty calendar days of paid annual vacation or the proportional part in a contract of less than one year.

Sufficiently in advance, the employer and the workers or their representatives will establish the annual vacation calendar. The vacation calendar will be established in each company, in such a way that the worker knows the dates that correspond to him/her, at least two months before the start of the vacation. A rotating system will be established to fix the vacation period. The establishment of the periods of enjoyment will be carried out at the level of each company by means of the elaboration of the appropriate calendars, in common agreement with the representation of the workers or, failing that, with the workers. This calendar will have to be agreed with a deadline of the last day of October of the previous year, and the necessary publicity will be given for the knowledge of the workers of each work center.

The company may exclude as a vacation period the one that coincides with the highest seasonal productive activity of the company, after consulting with the workers' representatives.

Workers with family responsibilities have a preference for their vacations to coincide with school vacations.

National, regional or local holidays, Holy Saturday and December 24 and 31, which coincide with the total annual vacation period, will not be computed as enjoyed, and their rest must be accumulated to the vacation period.

When the employer forces the worker to make a promotional trip, in no case may the worker see their annual vacation period reduced, or any other of the rest days to which they are entitled, being the days employed considered as effective working time. Consequently, with the aforementioned, in the event that the company makes a promotional trip offer, on a voluntary basis for the worker, the duration of the trip may be deducted from the vacation period.

To compute the period of thirty days of paid annual vacations referred to in the first paragraph of this article, it must be taken into account that, within said thirty days, four Saturdays and four Sundays will necessarily be included, regardless of whether the vacations are enjoyed for the full period or in fractions.

In the event that the vacation period coincides with a Temporary Disability for contingencies other than those indicated in the article. 38.3 ET that makes it impossible for the worker to enjoy them totally or partially during the corresponding calendar year, the worker may do so once his disability ends and provided that no more than eighteen months have elapsed since the end of the year in which it originated. the incapacity.

The maximum annual work hours are 1,752 hours. Workers who, due to schedule, calendar, or regular workday, work a number of hours that exceed those 1,752 in annual calculation, will have as compensation the equivalent of hours of excess in additional rest days, which may be accumulated to the vacation period. The way to enjoy these days will be made by mutual agreement between the company and the worker, or legal representatives of the workers if they exist, and the period of high season may be excluded from it. In the case of short hours in accordance with the terms provided in article 37.5 of the Workers' Statute, according to the wording given by Law 39/1999, of November 5, and the provisions of this Collective Agreement, it will be taken as a working day maximum the corresponding percentage of the 1,752 hours, so you will recover the corresponding hours in days of additional rest.

CHAPTER VIII Licenses and Permits

Article 28 Paid Licenses

Workers will be entitled to the following paid permits and licenses:

If the event causing the paid leave coincides with the vacation period, the criteria agreed in this agreement will not be applied.

In the event that there are changes in the doctrine or in the laws on the enjoyment of paid licenses, the parties will be the result of it.

Within companies, it may be agreed to use them on non-consecutive days.

Displacement is considered to be anyone who is outside the province of residence. In the case of the Canary Islands and the Balearic Islands, displacement will also be considered when the transfer is made between Islands, even if it is within the same Province.

For the purposes of this article, and in accordance with the provisions of the Workers' Statute regarding consanguinity and affinity, the in-laws will be equated to the biological family.

In all cases, the reason for the permit and the exceptional circumstances involved must be duly justified.

For the purposes of this Collective Agreement, legally constituted de facto couples are recognized the same benefits as legal couples. In any case, the marriage or domestic partnership permit will only be enjoyed once, as long as it is with the same person, regardless of the form of union, civil or religious.

Article 29 Leave without pay and unpaid leave

Workers will have the right to request and companies will be obliged to grant unpaid leave or unpaid leave as long as the following requirements are met:

29.1 Unpaid licenses:

29.2 Leave without pay:

In the event that one or more of the aspects indicated in the previous paragraph are not effectively complied with, there must be an agreement between the worker and the company for the granting of unpaid leave or leave without pay.

Within the companies, more beneficial conditions may be negotiated with the representation of the workers or with the workers if there is no representation.

Both the license and the permit entail a situation of suspension of the employment contract as provided for in article 45.1.a) of the Workers' Statute.

CHAPTER IXSuspensions and leave of absence

Article 30 Leave of absence

Leave of absence may be voluntary or compulsory. The forced one will give the right to the conservation of the job, it will be granted by the designation or election for a public position that makes it impossible to attend work and the reinstatement must be communicated within the month following the cessation of public office.

30.1 Voluntary leave of absence:

The worker with a seniority in the company of at least one year, has the right to request a voluntary leave of absence.

Voluntary leave of absence is one that is granted for a period of not less than four months nor more than five years. This right may only be exercised again by the same worker if four years have elapsed since the end of the previous leave of absence.

It must be requested in writing at least thirty days in advance and the period for granting or refusing may not exceed twenty days.

The non-granting of this leave of absence will be based on any of the following causes:

Once on voluntary leave of absence, in the event that the worker requests reinstatement to the company before the end of the period of leave granted or there is no vacancy in their professional group, and provided that the company has expressed in writing his refusal to such incorporation, the worker will be released from the prohibition to join another company in the sector.

If the worker does not request reinstatement thirty days before the end of the period indicated for the leave of absence, they will lose the right to their job position in the company.

In the cases in which there is no vacancy in the professional level of the worker, the company will notify him/her in writing.

The worker who requests their reinstatement within the established limit will have the right to fill the first vacancy that occurs at their professional level. If the vacancy produced is of a lower level than hers, she will be able to choose between filling it with the salary assigned to her or waiting for a vacancy at her level to occur.

30.2 Forced leave of absence due to union or public position:

Workers who exercise union functions or public office at a provincial or higher level may request their transfer to a situation of compulsory leave of absence while they are in office. The redundant worker will have the right to reincorporate within a maximum period of thirty calendar days from the cessation of the function performed.

30.3 Voluntary leave of absence with job reservation:

The worker with a seniority in the company equal to or greater than twelve months, may request a voluntary leave of absence with the right to reinstatement in a position of the same salary level. This leave of absence will last for one year, and there may not be any extension of the period of time initially requested, unless otherwise agreed. The worker must notify the company in writing at least thirty days prior to the start date of the leave of absence, and said letter must state an express reference to this article.

The main purpose of the exercise of this leave of absence by the worker will be to expand their training. Likewise, periods of stay abroad of more than six months within the one-year period of leave will be considered as training in this regard. For this purpose, the employer may request, at the time of the request for reinstatement of the worker, documentary accreditation of the studies carried out during said period or justification of the stay abroad. In the event that the worker cannot justify the completion of these studies or the corresponding stay abroad, they will lose the right to automatic reservation, preserving the right of reinstatement established for voluntary leave of absence.

This leave of absence, in no case, may be requested to work in another company linked by the scope of the collective agreement of the state sector of travel agencies; In order to conclusively prove this fact, when the worker requests his reinstatement, he must provide a certificate of working life. In the event that the worker has provided services in another company bound by this agreement, they will lose their right to reinstatement.

Likewise, 34% or more of the workers belonging to the same work center, productive unit, office or department may not coincide in the enjoyment of this right. In this case, the worker may request the voluntary leave of absence included in article 46 of the E.T.

For reinstatement in the job, the worker must request it in writing, thirty calendar days before the date of the termination of the leave, the company being obliged to reinstate the worker at the end said period. If the worker does not request their reinstatement within the established period, it will be understood that they have voluntarily left the company.

Unless otherwise agreed, the reinstatement of the worker on leave of absence will not proceed until the period requested by the worker has been fully exhausted.

This right may not be exercised by the same worker, until four years have elapsed after joining the company from the end of the leave of absence included in this article. The period of time of this leave of absence will not count for seniority purposes.

After the leave of absence regulated in this article, the worker may choose to take advantage of the voluntary leave of absence included in article 46 of the E.T., in the latter case, the worker on surplus retains only a preferential right to re-enter the vacancies of the same or similar level to yours that exist or occur in the company. To exercise this right, the worker must also request it in writing thirty calendar days before the end of the leave period.

Workers with professional levels between 1 and 5 (both inclusive) may take advantage of the leave regulated in this article. The rest of the levels, given their greater degree of responsibility, may only avail themselves of this right prior agreement with the company.

CHAPTER XReconciliation of work and family life

Article 31 General principles

The following cases are understood as reductions in working hours due to the unilateral will of the worker without maintaining the remuneration:

With all this, the worker will have the right to adapt the duration and distribution of the working day to make effective their right to reconcile personal, family and work life (article 34.8 TRLET). To this end, the use of the continuous working day, flexible hours or other ways of organizing working time and breaks that allow greater compatibility between the right to reconciliation of personal, family and work life of employees will be promoted. workers and the improvement of productivity in companies.

Article 32 Maternity and Paternity

32.1 Maternity.

The duration of maternity leave is set at sixteen weeks. In the case of multiple births, it will be extended by two more weeks for each child from the second. The period of suspension will be distributed at the option of the interested party as long as six weeks are immediately after the birth.

Regarding the contract suspension period indicated above, the situation of risk due to pregnancy or breastfeeding will be in accordance with the provisions of current legislation.

32.2 Paternity.

Due to paternity, in the event of the birth of a child, adoption or foster care, the worker will have the right to suspend the contract for sixteen weeks, extendable depending on the circumstances. The first six weeks must be enjoyed immediately after the birth, the remaining ten weeks can be enjoyed by the father continuously or interrupted, full-time or part-time, with prior agreement between the company and the worker, during the first year of the baby's life. son/daughter

In the case of multiple births, maternity and paternity leave will be extended by two more weeks for each child, starting with the second. In the event of the birth, adoption or foster care of children with disabilities, said permit will be extended to twenty weeks.

Both in the case of maternity and paternity, the worker will receive the corresponding economic benefits in direct payment from the INSS. Likewise, the laws established at all times will be followed in the event of a modification of the maximum duration of the suspension.

In cases of international adoption, when it is necessary to move the parents to the adoptee's country of origin, the suspension period provided for each case in this section may begin up to four weeks before the resolution by the that the adoption is constituted.

Article 33 Breastfeeding

Workers, for breastfeeding a child under nine months, will be entitled to one hour of absence from work, which may be divided into two fractions. The parents, by their will, may substitute this right for a reduction in their working day by half an hour at the beginning or at the end of the working day for the same purpose or accumulate it in full days; the length of leave will be increased proportionally in cases of multiple births. The number of days of accumulation will be fourteen working days or the proportional part thereof in the event that the worker accepts any suspension of the employment contract established in this Collective Agreement. In no case may more than five working days per week be computed.

This permit constitutes an individual right of workers, men and women. However, if two workers of the same company exercise this right for the same taxpayer, the business management may limit their simultaneous exercise for justified reasons of operation of the company that must be communicated in writing. When both parents, adopters, guardians or foster parents exercise this right with the same duration and regime, the period of enjoyment may be extended until the infant is twelve months old, with a proportional reduction in salary from the completion of nine months.

Article 34 Leave of absence for child care

Workers will have the right to a period of leave of absence, not exceeding three years, to attend to the care of each child, both when it is by nature, as by adoption or in the cases of foster care, both permanent as pre-adoptive, even if these are provisional, counting from the date of his/her birth. The successive children will give the right to a new period of leave that, if applicable, will put an end to the one that was being enjoyed. During the first two years of leave, you will have the right to have your job reserved. After this period, the reservation will refer to a job position in the same professional group. The period in which the worker remains on leave of absence, in accordance with the provisions of this article, will be computable for seniority purposes and the worker will have the right to attend professional training courses, to whose participation they must be summoned. by the company, especially on the occasion of their reincorporation.

For a single period of up to three years of leave for the aforementioned reasons, when health reasons of the child or mother so justify it, it will be compulsory during said period.

Incorporation, in both cases, must occur within the month following the date of extinction of said situation, provided that the re-entry has been communicated in writing at least thirty days prior to its expiration, meaning, in otherwise, the withdrawal and resignation of the worker.

In both situations, only in the event that two workers of the same company generate this right by the same taxpayer and only for justified reasons of operation of the same, the employer may limit its simultaneous exercise.

Article 35 Leave of absence for family care

The worker will have the right to be placed on leave of absence, for a duration of no more than two years, for the care of relatives up to the second degree of consanguinity or affinity who, due to age, accident, illness or disability, cannot avail themselves of it. by themselves and do not perform paid activity. During the two years of leave, he will have the right to reserve his job. In cases where the leave of absence is preceded by a reduction in working hours, the provisions of the leave of absence for childcare in the previous paragraph will apply.

Article 36 Reductions in working hours for legal guardianship, family care

36.1 Reduced working hours for legal guardianship and family care.

The worker may benefit from a situation of reduced working hours for reasons of legal guardianship, for direct care of a minor under twelve years of age and/or for reasons of legal guardianship of a person with physical, mental or sensory, who does not carry out a paid activity, will be entitled to a reduction in the working day, with the proportional decrease in salary between at least one eighth and a maximum of half of the duration of that one.

Anyone who needs to take charge of the direct care of a relative, up to the second degree of consanguinity or affinity, who for reasons of age, accident or illness cannot fend for themselves, and who does not carry out paid activity, will have the same right.

The hourly specification and the determination of the period of reduction in working hours, both in the reduction of working hours due to legal guardianship and direct care of a family member, will correspond to the worker, within their ordinary working day. The worker must notify the employer fifteen days in advance of the date on which he will return to his regular working day.

In the event that several workers from the same workplace or department take advantage of the measures contemplated in the current legislation on reduced working hours to make work and family life compatible, they will proceed to adjust by mutual agreement between worker and company the effective working hours, so that the productive needs of the workplace where they provide their services are not left unattended. In the event that it is impossible to make the schedules compatible between different workers, preference will be given to the one who first exercises the reduction in working hours based on these causes.

Regarding the reduction in working hours, the parties will try to promote the agreement; however, the provisions of current legislation and particularly in articles 37.6 of the ET, in Organic Law 3/2007, of March 22, for effective equality between women and men and in Law 39/1999, will be followed. of November 5, to promote the reconciliation of family and work life of working people.

However, according to the provisions of article 37.7 of the Workers' Statute, at the company level and through collective bargaining with the workers' representatives, criteria may be established for the hourly specification of the reduction in working hours referred to in section 6 of article 37 of the Workers' Statute, in response to the rights of reconciliation of the worker's personal, family and work life and the productive and organizational needs of companies.

36.2 License/permit for legal guardian.

It may be requested for reasons of legal custody of children under twelve years of age or physically or mentally handicapped, in accordance with the terms provided in article 37.6 of the Workers' Statute, according to the wording given by Law 39/1999 , of November 5, and the provisions of this Collective Agreement.

Agreements may be reached within the companies to try to reconcile the exercise of this right and, in turn, guarantee the correct development of the business activity during all hours of service.

Article 37 Victim of violence in the family and/or domestic sphere and of gender diversity

37.1 Transfer or change of workplace.

The worker or worker who is the victim of this type of violence who is forced to leave the job in the town where they had been providing their services, in order to make their protection or their right to assistance effective integral social security, you will have a preferential right to occupy another job, from the same equivalent professional group, that the company has vacant in any other of its work centers.

In such cases, the company will be obliged to notify the worker of the vacancies existing at that time or those that may occur in the future.

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

After this period, the worker or the worker may choose between returning to their previous job or continuing in the new one. In the latter case, the aforementioned reserve obligation will lapse.

37.2 Suspension of the contract.

The worker or worker who is forced to leave their job as a result of being a victim of this type of violence, has the right to decide to suspend their employment contract with the right to reserve a job position; The period of suspension will have an initial duration that may not exceed six months, unless it results from the judicial protection proceedings that the effectiveness of the victim's right to protection requires the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

37.3 Reduced working hours.

The worker who is a victim of this type of violence shall have the right, to make his protection or his right to comprehensive social assistance effective, to a reduction in the working day with a proportional decrease in salary or to the reorganization of working time , through the adaptation of the schedule, the application of flexible hours or other forms of organization of working time that are used in the company.

CHAPTER XIRemuneration

Article 38 Salary structure

The worker's remuneration per day and full working hours will be made up of the following items:

The company may agree with the worker or with the RLT the payment of variable salary concepts throughout the twelve monthly payments of the year.

Article 39 Base salary

The monthly base salaries, for full ordinary hours, corresponding to the professional levels referred to in article 7 will be the following:

When companies pay salaries by bank checks, they will try to issue such payment instruments on banks as close as possible to the work center and, in the event that the workers' hours coincide with the banking hours, they will be given the necessary time to make said payment instrument effective, but guaranteeing in any case the continuity of the service, in so that there is not a massive and simultaneous departure of workers, ensuring that the respective offices or departments are always attended. When you choose to make the payment by bank transfer, you must ensure that the account or passbook is credited on the usual payment date.

Salary clause.

This agreement has been agreed without any salary increase. This decision is motivated by the exceptional situation of vulnerability that the Travel Agencies sector is going through as a consequence of the COVID-19 pandemic with effects on mobility and tourism worldwide. In any case, the parties undertake to monitor the evolution of the sector's activity every six months. In such a way that this CNS will meet six months after the signing of this agreement for a first follow-up meeting, after twelve months and eighteen months.

In the event that in 2022 there is an economic reactivation and the levels of turnover index of 2019 are reached, prior to the health crisis, a salary increase will be made on the base salary and the transport/teleworking bonus for affected workers, consisting of 1% effective from January 1, 2022.

It is agreed to take as a source the monthly turnover index prepared by the INE, corresponding to the series corrected for calendar effects, general index by sectors and branch of activity, of the sector «79 Activities of travel agencies, operators services, reservation services and activities related to them", applying as a reference the annual averages of said index of the years to be compared. The annual averages will be calculated by adding the aforementioned provisional index for the twelve months of each year of said sector, and dividing the resulting amount by twelve.

It is hereby stated that, as in 2019, the provisional index was 74,170 in January; 79,989 in February; 102,653 in March; 108,023 in April; 127 in May; 147.22 in June; 169,313 in July; 173,529 in August; 141,902 in September; 115.76 in October; 93,308 in November, and 90,627 in December of said year, this means that in 2019 the following average results:

Taking into account that the INE publishes this information three months in advance In contrast, the complete data for 2022 will not be available until April 2023. If the increase proceeds, its payment and its reflection in salary tables will be made in May 2023.

Article 40 Extraordinary bonuses

Each worker will be entitled to receive four extraordinary bonuses a year, in the months of March, June, September and December, for an amount equivalent to one month's salary that they have been receiving for the concepts of base salary and personal supplements of the worker (personal bonus, seniority, function bonus and "ad personam" supplement), and excluding all variable remunerations and those accrued in more than a month that may be received for any reason, such as commissions, incentives, bonuses or activity bonuses . They will become effective on the 30th of each corresponding month.

These gratuities will be paid to the worker who joined during the year or ceased during the year, prorating the amount in relation to the time worked.

The company may prorate, collectively, to all its staff, and prior agreement with the RLT, if any, or with the workers in its absence, the payment of any or all of the extraordinary bonuses in the twelve months of the year. Likewise, the company may agree individually with each worker, that the extraordinary bonuses be prorated in the twelve monthly payments.

Article 41 Pluses

41.1 Transportation/Teleworking bonus.

In the concept of compensation for transportation and distance expenses, workers, as well as, where appropriate, those derived from the provision of the service in the Teleworking modality will receive the following amounts:

These amounts will be paid monthly, in 11 payments of the same amount, together with the corresponding salaries. The company may apportion, with prior notice, the payment of the transport/teleworking bonus over the 12 monthly payments of the year (106.05 euros).

This amount is configured as non-absorbable or non-compensable with respect to remuneration concepts, not being paid with extraordinary bonuses.

This amount is not proportional to the working day, so it cannot be reduced in the cases of workers who exercise their right to reduced working hours recognized in article 36 or who have a part-time contract.

41.2 Plus functions (linked to the job).

The workers who voluntarily and at the company's proposal perform different and additional functions to those prevailing for their group and level that they had been performing, or those that could be specified in their employment contract, will be entitled to receive this bonus.

It will be detailed in the payroll, in the column adapted for this purpose, with the following denomination: «function plus».

With the aim of promoting the professionalism of the workers who carry out these functions, it is established that the amounts corresponding to said "function bonus" will have the nature of effective work and, consequently, will be received in the months in which the worker performs them; during that time these amounts will not be absorbable or compensable, unless the worker obtains the professional level corresponding to the task for which the bonus was established. Likewise, they will be subject to the same salary reviews that are agreed upon.

The minimum amount corresponding to this bonus is set at 112.99 euros for the years 2019, 2020, 2021 and 2022; This amount may be increased within the companies, through negotiation with the legal representatives of the workers, or with the workers directly in the event that there is no representation.

41.3 Plus NOL.

This bonus guarantees the affected workers the salary differences produced in the base salary that the worker had been receiving until December 31, 2009, due to the conversion of the old professional categories as of January 1, 2010 at the new economic levels specified in the salary tables of the New Labor Regulation (NOL).

From the entry into force of this collective agreement, this bonus disappears as such and becomes an "ad personam" bonus. Its amount will not be absorbable or compensable and will be updated like the rest of the remuneration concepts, according to the tables included in article 38. The worker will stop receiving this supplement at the moment in which an effective increase in professional level is recognized. .

It will be detailed in the payroll, with the following denomination: «Plus NOL».

41.4 Personal plus.

This bonus will reflect those amounts with which the employer voluntarily improves the remuneration of a worker, by agreement between the parties at the time of hiring or during the employment relationship, or as an improvement due to quality of the work being done.

The aforementioned bonus may be improved by decision of the employer or by negotiation between the worker and the company.

It will be detailed in the payroll, in a column adapted for this purpose, with the following denomination: «personal plus».

In an illustrative and non-limiting manner, the following bonuses would be included within the Personal Plus:

Article 42 Departures and allowances

If, due to the needs of the service, a worker had to move from the locality where they usually have their destination, the company will bear all the expenses directly attributable to the execution of the service that said displacement originates.

When the company assigns jobs other than the usual ones and/or meetings to the worker, if for this reason the worker cannot enjoy the scheduled lunch/dinner time, he/she will be entitled to receive the allowance for said lunch/dinner.

Companies may, in any case, compensate travel expenses, lunches, dinners and accommodation, at their choice, in cash or in kind by reserving the provision of such services in hotel establishments in favor of the worker or restoration.

Article 43 Flexible remuneration plans

Companies may establish flexible remuneration systems. Subscription to these systems will be voluntary for the worker, who must give their express consent regarding amounts, periods and products subject to this method of payment within the alternatives that the employer offers.

In no case may more than 30% of the worker's fixed salary be allocated to the payment of the products covered by the plan. Respecting this percentage, the worker may have all the salary concepts that make up his fixed remuneration, including the salary established by collective agreement for the professional level held by the worker.

Companies will offer this option voluntarily as a social benefit. In those companies with less than 100 workers, the management expenses of these plans may be passed on to the workers who voluntarily sign up to them, being, therefore, prohibited to pass these expenses on to the rest of the companies.

Article 44 Advances

The company may grant, at the request of the worker, an advance corresponding to the net amount of the salary and extra payments generated at the time of the request.

CHAPTER XIISocial security

Article 45 Bonus for relationship

When a worker with a minimum seniority of ten years in the company and between the ages of sixty-three and up to the age of sixty-five, chooses to terminate their employment contract, they will receive a bonus based on the years old.

To calculate the aforementioned compensation, the aforementioned monthly payments will be made up of the worker's base salary and personal allowances, without prorating the extraordinary payments.

Article 46 Life and accident insurance

Employers must have a policy that guarantees workers a capital of 30,000 euros in cases of death or total permanent disability resulting from an accident that may occur 24 hours a day.

In addition, they must take out life insurance for a capital of 9,000 euros for all their workers.

The amounts to be received may be paid by the worker himself or the designated beneficiaries, where appropriate, and under the general and/or particular conditions established in the policy.

The premiums for said insurance will be paid exclusively by the company.

Article 47 Pension plan

The companies included in the scope of application of this Agreement may voluntarily establish, subscribe or join a sector pension plan or fund under the provisions of Royal Legislative Decree 1/2002 and its subsequent regulatory development. Said pension plan has the character of a savings and forecast mechanism aimed at the beneficiary acquiring the right to receive a private pension, not complementary to those of Social Security in the cases provided for in this article. The pension plan is instrumentalized through the creation of a pension fund in which the contributions made by the promoters, in this case the companies, and the participants, in this case the workers, will be integrated.

Thus, promoters will be the companies affected by this Collective Agreement that voluntarily encourage the creation of the pension plan. The workers who adhere to the aforementioned plan will be participants while the beneficiaries will also be the workers as they will be the ones who will be entitled to the benefits contemplated in the plan and the people that the latter designate in the event of death.

The companies affected by this Agreement may voluntarily join the sectoral pension plan provided for in this article. The economic contributions that will make up the corresponding pension fund will be made by the companies, in the amount of 18.03 euros per month each of the twelve months of the year, and by the workers who provide their services in them, in the amount of 6.01 euros per month each of the twelve months of the year. For this purpose, companies are authorized to deduct from the corresponding wages the amount indicated as the worker's contribution to the plan, and in such a case, the deduction for this concept must be reflected in the corresponding wage receipt.

The pension plan will be a defined contribution, and not complementary to the public benefits of the Social Security. Contributions made by promoters and participants will be irrevocable and unavailable. The consolidated rights in favor of the participants may be freely transferred from one plan to another in the event of termination of the worker's employment relationship. The operation and execution of the pension plan will be supervised by a control commission, constituted for this purpose and made up of representatives of the promoters and of the participants in accordance with the legal regulations issued for this purpose.

The benefits derived from the plan will consist of an income to be paid to the participant, by capitalization of the contributions and their yields, from the date on which the beneficiary reaches the age of sixty-five, or from sixty-one years of age in cases of early retirement; or the degree of total and permanent disability or absolute disability is recognized according to the regulations in force at any time. In the event of the death of the beneficiary, the benefit of the plan will consist of the delivery, only once and in favor of his/her heirs, of the capital equivalent to the value of the fund. The periodic benefits derived from the plan will be received by the beneficiaries in the form of income on the value of the accumulated fund, on a periodic basis.

For the companies affected by this Agreement that have adhered to the pension plan provided for therein before January 1, 2001, articles 45 and 46 of this Agreement shall not apply from the moment of adhesion. Collective Agreement, related to accident and death insurance.

If for any reason a worker belonging to a company adhering to the sectoral plan ceases to provide their services in the same, they may either leave the plan on hold or continue with the contributions to it, in which case they must be made the worker wholly self-employed. If the worker returns to provide his services for a company affected by this Agreement, and adhering to the sectoral pension plan, the system of contributions charged to the company and the worker provided for in this Agreement will take effect again. .

The adhesions to the pension plan contemplated in this article will be carried out by mutual agreement between the company and the workers' representatives and will oblige the entire workforce of the affected company.

The contributions to the plan will be reviewed in the amount agreed in each collective agreement.

Article 48 Temporary disability (IT)

It is established as an improvement to the protective action of Social Security that, in charge of the company in IT situations, the worker receives the difference between the economic benefit of Social Security and 100% of your salary, taking for its calculation the contribution base of the month prior to that of leave due to IT, from the day you are entitled to receive said economic benefits, and for a maximum period of twelve months from the date of beginning of the IT situation Notwithstanding this maximum period, if the managing entity or Work Accident Mutual or Collaborating Company issues an express resolution of legal extension of the IT situation, the worker will continue to receive said economic difference.

Likewise, the company will pay 50% of the Social Security base for the month prior to the IT leave for the first three days of the leave.

In case of justified illness with prior notice to the company, the worker will receive 50% of his salary without this benefit being able to exceed four days a year. For these purposes, the existence of "justified illness" will be considered without necessarily having to mediate medical leave or IT situation, also encompassing supporting documents issued by family doctors in which they prescribe home rest and/or visits to hospital centers, whether public or private, through duly justified emergency services.

In the event that there is a change in the legal regime in the economic benefits of the Social Security in IT matters, the appropriate adaptations of this regulation will be carried out through the Joint Commission.

The benefits and improvements provided for in this article will not apply to those workers with a degree of work absenteeism greater than 4% in the immediately preceding year. Absences due to paid and/or justified leaves, participation in legal strikes, leaves for the use of union hours, and maternity and paternity leaves, risk situations during pregnancy, as well as for diseases caused by pregnancy, childbirth or lactation.

Article 49 Uniforms

Businesses that require uniforms will be required to provide them. The endowment will be four uniforms every two years, two for winter and two for summer. The companies will facilitate the use of skirts or pants at the option of the workers.

Several trades personnel will have the right to the clothing determined by the provisions on occupational risk prevention.

CHAPTER XIII Safety, occupational health, equality, sexual diversity and the environment

Article 50 Occupational safety and health

The companies and workers affected by the scope of this Agreement, are obliged to observe and comply with the provisions contained in the regulations on occupational health and safety that are in force at all times, and especially those of Law 31 /1995, of November 8, Occupational Risk Prevention, and its development provisions, as well as Royal Decree 39/1997 approving the Regulation of Prevention Services. For these purposes, and as complementary to the aforementioned regulations, it is understood that they are specific regulations for the AAVV sector:

Article 51 Pauses in PVD

In addition to the breaks indicated in article 23 of this Agreement, and without being cumulative to them, the personnel who carry out their activity continuously in front of data display screens, will have the necessary breaks to reduce their risks according to Royal Decree 488/1997.

Likewise, for those workers whose jobs are subject to an automated call system and without autonomy to carry out the aforementioned breaks, breaks will be applied at a rate of 5 minutes for each hour worked. The duration and periodicity of these breaks will be negotiated within the collective bargaining of each workplace by agreement between the employer and the RLT or the workers in the event that this does not exist. These breaks have the condition of effective working time and will not be cumulative with each other.

The most beneficial conditions for the worker that exist in the companies, which improve this article of this collective agreement, will be respected.

Article 52 Health surveillance

All personnel affected by the scope of this agreement will be entitled to annual medical examinations at the expense of the company. The recognitions will always have the character of volunteers for the workers. The companies, to this end, will send a letter to the workers when said recognitions are carried out, including a flyer or handout that allows the worker who does not want to submit to them to reliably communicate said decision to the employer.

Article 53 Prevention delegates and health and safety committees

The Prevention Delegates are the representatives of the workers with specific functions in the field of risk prevention at work. All prevention delegates must receive training as a basic ORP technician by the company and within their working hours, this may be in person, remotely or online.

In the case of companies or workplaces with less than 50 workers, the system for choosing the prevention delegate will be that established in article 35 of the LPRL.

The Health and Safety Committees are the joint and collegiate body of representation and participation, aimed at periodic consultation on the actions in the workplaces of more than 50 workers in terms of occupational risk prevention and in matters of of environment.

The Health and Safety Committees must meet at least quarterly, and will have the powers and powers set forth in points 1 and 2 respectively of article 39 of the LPRL.

Effective working time, which should not be deducted from your hourly credit, is considered to be that corresponding to the meetings of the Health and Safety Committee and any other called at the request of the employer in terms of risk prevention, as well as the time to visits for:

Article 54 Equality policies

The company assumes as its own the principles of non-discrimination and equal treatment for reasons of sex, marital status, age, racial or ethnic origin, social status, religion or convictions, political ideas, sexual orientation, disability, affiliation or not to a trade union, as well as for reasons of language, as established by law.

54.1 Equal opportunities.

With this Agreement, the parties express their desire to guarantee the principle of equal treatment and opportunities between women and men in access to employment, training and professional promotion, working conditions, including remuneration, and in affiliation and participation in union and business organizations.

Employees may not be discriminated against for reasons of disability.

54.2 Definitions of discrimination based on sex.

In cases of worker sex change, the company will commit to maintaining their job position and professional level and to relocate them, as far as possible if the protection of privacy so advises.

For the purposes of this Agreement, the following shall be understood as:

54.3 Definitions of Harassment.

For the purposes of this Agreement, the following shall be understood as:

Sexual harassment: the situation in which any unwanted verbal, non-verbal or physical behavior of a sexual nature occurs with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile environment degrading, humiliating or offensive.

Sex-based harassment: any behavior carried out based on a person's sex, with the purpose or effect of violating their dignity and creating an intimidating, degrading or offensive environment.

Moral harassment: any gestural, verbal, behavior or attitude that threatens by its repetition or systematization against the dignity and physical or mental integrity of a person, which occurs within the framework of the organization and management of a company, degrading the victim's working condition and endangering his employment.

Harassment based on sex and sexual harassment within the meaning of this agreement will be considered discrimination on the grounds of sex and, therefore, will be prohibited, and will be considered very serious offenses in the sanctions chapter.

In accordance with article 48 LOIEMH 3/2007, the companies attached to this Agreement will negotiate and agree with the social and union representation on protocols for the prevention and eradication of sexual and gender-based harassment.

54.4 Positive action measures.

In order to contribute effectively to the application of the principles of equality and non-discrimination and their development under the concepts of equal conditions in jobs of equal value, it is necessary to develop a positive action particularly in terms of hiring, wages, training , promotion and working conditions in general, so that under equal conditions of suitability, preference will be given to people of the least represented gender in the professional group in question.

54.5 Equality Plans (PI).

Equality plans in companies, like all of article 54 of this agreement, will comply with all the provisions of the current regulations on equality (Workers Statute; Organic Law 3/2007, of 22 of March, for the effective equality of women and men; Royal Decree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation; Royal Decree 901/2020, of October 13, which regulates equality plans and their registration and modifies Royal Decree 713/2010, of May 28, on registration and deposit of collective labor agreements and agreements; Royal Decree 902/2020, of October 13, on equal pay between women and men, etc.)

Article 55 Environmental protection

The environment is an asset of the entire society, whose safeguarding obligation is included in article 45 of the Spanish Constitution. In accordance with this obligation and the principles established by the EU, the Travel Agencies sector aims to protect and improve the environment through voluntary adherence to the Community Environmental Management and Audit System (EMAS Regulation) and the promotion of energy renewable energies, responsible tourism, sustainable mobility and implementation of environmental management systems and energy efficiency as well as the commitment to comply with current environmental legislation.

The representatives of the workers may designate an environmental delegate, as well as the companies an environmental manager in order to encourage collaboration and coordination in all environmental actions.

The introduction of good environmental practices in the workplace is as possible as it is desirable and this objective requires the participation and active collaboration of all.

CHAPTER XIV Compensation, absorption and guarantees

Article 56 Absorption and compensation

The remuneration established in this Agreement, except in the concepts in which the contrary is expressly indicated, will be absorbable and compensable to the extent they reach with the improvements and remuneration that the companies have been paying over the regulatory minimums. Whatever the reason, name and form of said improvements, present or that may be established by legal provision.

Article 57 «ad personam» guarantees

Personal situations that globally exceed what was agreed in their economic content will be respected. The extinct remuneration for Seniority that existed in the Agreements prior to that of 1996, for the trienniums generated until December 31, 1995, will be considered within this section.

CHAPTER XVJoint Joint Committee

Article 58 Joint Committee

A joint commission will be appointed to represent the negotiating parties to understand those issues established by law and any others attributed to it, as well as establishing the procedures and terms of action of this commission, including the submission of the discrepancies produced within the non-judicial conflict resolution systems established through interprofessional agreements at state or regional level provided for in article 83 of the Workers' Statute.

Within fifteen days following the publication of the collective agreement in the "Official State Gazette" by the labor authority, the Joint Mixed Commission will be constituted, which will be made up of a maximum of 12 members; six of them will represent the business organization and the remaining six will represent the trade union organizations signatories of this collective agreement, all of them designated by means of the proportional representation system.

The Commission will necessarily meet for the first time within the five days following the date scheduled for its creation, at which meeting the members that comprise it will establish by absolute majority of its components its work program, frequency, dates of its meetings and other conditions that should govern its operation. The functions of the Commission will be the following:

It is expressly agreed that all those matters object of intervention of this Commission that were not finalized at the end of the term of the agreement, will be addressed in the discussion of the agreement that follows the present one.

The members of the Mixed Joint Commission will have one day of paid leave, coinciding with the meeting of said Mixed Commission, which will not be counted within the hourly credit if they are a representative of the workers.

The address of the Mixed Joint Commission will be considered, without distinction, that of any of the signatory parties.

Productivity and absenteeism.

The signatory parties to this Agreement declare and agree that the Joint Commission will understand the following matters:

The Joint Commission will have the necessary information to fulfill all its tasks and achieve its objectives.

The topics discussed will be introduced progressively by mutual agreement, taking into account the circumstances that occur in each case and when both parties consider it appropriate, through specific agreements within the company.

Technological innovations.

CHAPTER XVI Unions, works councils and personnel delegates

Article 59 Unions

Businesses will respect the right of all workers to unionize freely; they will admit that workers affiliated to a union can hold meetings, collect dues, and distribute union information outside working hours and without disturbing the normal activity of the companies; Likewise, they may not dismiss a worker or harm him in any other way, due to his affiliation or union activity.

The unions may send information to the companies, so that it may be distributed, outside working hours, and without, in any case, the exercise of such practice could interrupt the development of the production process. In the workplaces there will be notice boards, in which the legally established union sections will be able to disseminate those notices that may be of interest to the union members, in addition the company will provide the legal representation of the workers with a physical board and/or virtual as well as the rational use of email as a means of information for said representatives with the workers included in their scope of representation and on the matters of their strict competence. At the company level, the usable operations will be specified, always ensuring that the ordinary communication and work processes existing in the company are not affected.

The union that claims to have the right to be represented by personal ownership in any company, must accredit it before the same in a reliable way, recognizing the latter, immediately afterwards, to the aforementioned delegate / his status as representative of the union for all purposes.

The trade union delegate must be an active worker of the respective companies, and designated in accordance with the statutes of the trade union or trade union they represent.

The functions of the union delegates will be:

Article 60 Of the company committees and personnel delegates

The company committees and personnel delegates will have the rights and powers granted by current legislation.

Trade unions, members of company committees or inter-centres and staff delegates may use e-mail and specific company computer programs to carry out their union duties and provided that such use does not interfere with normal work .

Regarding the credit of paid monthly hours available to each of the members of the committee or staff delegate for the exercise of their representation functions – in accordance with the provisions of article 68.e) of the Statute of Workers – the accumulation of hours of the different members, and where appropriate, of the personnel delegates, in one of its components, is allowed without exceeding the total maximum. This accumulation may be carried out among the different members or delegates of the same union at the company level in one of the chosen candidates.

The accumulation of hours will not imply any impairment or reduction of any of the rights recognized or that are collectively recognized, in the course of their exercise, to those of the same professional level.

Likewise, the exercise of freedom of association will not entail in any case damage that produces negative consequences in the professional and/or economic situation of the holder of the right. A worker released or relieved of the service to carry out union functions may not suffer any economic and/or professional damage with respect to their previous situation.

Excess hours that occur due to the appointment of a staff delegate or committee members as members of collective bargaining committees will not be computed within the legally established hours; Those intended to hold official sessions for negotiations will not be counted either, as long as the company to which they belong is affected by the aforementioned scope of negotiation.

Members of committees or staff delegates may consume the paid hours available to them, without exceeding the legal maximum, to attend training courses organized by their unions, training institutes or other entities.

Within the scope of this Collective Agreement, inter-centre committees may be established in those companies that have work centers in more than three provinces, in accordance with the provisions of article 63 of the Workers' Statute. The members of the inter-centre committee must be members of the company committee or staff delegates. They will have the same guarantees, competences and functions recognized to the company committees and personnel delegates, although their functions will be limited to the treatment of matters of a general nature that exceed the scope of a company work center. Likewise, it will be the body in charge of studying and proposing to the workers all those initiatives, measures or actions that are being developed in the company, of a social or professional nature. The minimum number of members of the inter-centre committee will be:

The status of member of the inter-centre committee will not imply a credit of paid monthly hours for the exercise of their representation functions greater than that established in article 68 of the Workers' Statute. As an exception, the president of the inter-centre committee will have a credit supplement of 20 hours per month in companies with more than 500 workers, and 10 hours per month in those with more than 250 workers.

The company must bear the necessary expenses to carry out the meetings of the Inter-Centre Committee, guaranteeing a minimum quarterly periodicity of the same. These meetings do not have to be face-to-face. In this case, the company will make available to the members of the Intercentre Committee the necessary technological tools for maintaining videoconferences or other alternative meeting methods.

What is agreed in this chapter will remain in force, unless the legislation in this regard is modified, in which case the parties must adapt the text through a new agreement on this matter.

CHAPTER XVIII offenses and sanctions

Article 61 Principles

Faults may be sanctioned by the management of the company, without prejudice to the proposal that the legal representation of the workers may formulate, in accordance with the graduation and procedure established in the following articles, respecting current legislation and the legal principles that make it up:

Article 62 Misconduct by workers

The offenses committed by the workers at the service of the companies regulated by this agreement will be classified according to their importance, recidivism and intention, as minor, serious or very serious, in accordance with what is provided in the following points :

62.1 Minor offences:

62.2 Serious offences:

62.3 Very serious offences:

Article 63 Sanctions

The sanctions that companies can apply, depending on the seriousness and circumstances of the offenses committed, will be the following:

63.1 Minor offences:

63.2 Serious offences:

63.3 Very serious offences:

For the application of sanctions, the greater or lesser degree of responsibility of the person committing the offense, professional level and repercussion of the fact on other workers and on the company will be taken into account.

Regarding the statute of limitations for misdemeanors, the terms set forth in article 60.2 of the Workers' Statute will apply.

Whenever they are very serious offenses, the company may agree to suspend employment and salary, as a preliminary and precautionary measure, for the time strictly necessary to clarify the facts, with a limit of one month, without prejudice of the penalty to be imposed. This suspension will be communicated to the workers' representatives. If the sanction is revoked by the competent jurisdiction, the company will be forced to pay the salaries corresponding to the precautionary suspension of employment and agreed salary.

Companies must communicate to the workers' representatives and to the worker himself/herself the list of charges for serious and very serious offenses in which the imputed facts are specified. It will be necessary to open a period of allegations by the representatives of the workers and the worker himself with a minimum duration of three days after which, whether or not written allegations have been submitted, the company may impose the sanction that it deems most appropriate. A copy of the sanction letter will be given to the legal representation of the workers, simultaneously with the communication to the affected party.

The delay in complying with the sanction may not exceed ninety days from the date of its communication.

Article 64 Punishment power

The power to impose sanctions corresponds to the company, which will notify the workers' representatives of those that refer to serious and very serious offenses.

In no case may the employer impose any other sanctioning measure other than those included in this chapter, the deduction of any economic amount from the payroll of their workers being expressly prohibited, except when the sanction applied consists of a suspension of employment and salary.

Article 65 Abuse of authority

When a worker considers the existence of an abuse of authority in the professional performance of a superior, notification to the company will be perceptive through the workers' representatives.

Once the complaint has been received, the company's Management will investigate the corresponding file and adopt, as soon as possible, the pertinent resolution. If sanctions are agreed upon, they will be adjusted to those provided for in Article 59 of the Agreement.

Workers have basic rights, with the content and scope that their specific regulations provide for each of them, among others, respect for their privacy and due consideration for their dignity, including protection against verbal or physical offenses of a sexual nature.

The acts of the employer that are contrary to the respect of privacy and due consideration to the dignity of the workers will be constituted as a labor infraction.

Article 66 Duty of confidentiality and secrecy

Workers must keep confidentiality about the processes, projects or operations to which they have access or knowledge in the development of their work, and may not disclose information about them to natural or legal persons unrelated to the process, operation or project.

Likewise, in compliance with the LOPD, workers involved in any phase of the processing of personal data, both clients and colleagues or suppliers, are bound by professional secrecy with respect to them and the duty to keep them.

Article 67 Prescription

67.1 Violations committed by the employer will prescribe three years, except in matters of Social Security.

67.2 Regarding workers, minor offenses will prescribe ten days; the serious ones after twenty days and the very serious ones sixty days from the date on which the company became aware of its commission and, in any case, six months after it was committed.

Single additional provision

The signatory organizations of this Collective Agreement, agree to the continuity of the technical commission to monitor the Labor Regulation. Among the functions established for this commission, supervision, follow-up, and adaptation of the labor law are contemplated.

TRANSITORY PROVISIONS

First transitory provision Salary review clause

This agreement has been agreed without any salary increase. This decision is motivated by the exceptional situation of vulnerability that the Travel Agencies sector is going through as a consequence of the COVID-19 pandemic with effects on mobility and tourism worldwide. In any case, the parties undertake to monitor the evolution of the sector's activity every six months. In such a way that this CNS will meet six months after the signing of this agreement for a first follow-up meeting, after twelve months and eighteen months.

In the event that in 2022 there is an economic reactivation and the levels of turnover index of 2019 are reached, prior to the health crisis, a salary increase will be made on the base salary and the transport/teleworking bonus for affected workers, consisting of 1% effective from January 1, 2022.

It is agreed to take as a source the monthly turnover index prepared by the INE, corresponding to the series corrected for calendar effects, general index by sectors and branch of activity, of the sector «79 Activities of travel agencies, operators services, reservation services and activities related to them", applying as a reference the annual averages of said index of the years to be compared. The annual averages will be calculated by adding the aforementioned provisional index for the twelve months of each year of said sector, and dividing the resulting amount by twelve.

It is hereby stated that, as in 2019, the provisional index was 74,170 in January; 79,989 in February; 102,653 in March; 108,023 in April; 127 in May; 147.22 in June; 169,313 in July; 173,529 in August; 141,902 in September; 115.76 in October; 93,308 in November, and 90,627 in December of said year, this means that in 2019 the following average results:

Taking into account that the INE publishes this information three months in advance In contrast, the complete data for 2022 will not be available until April 2023. If the increase proceeds, its payment and its reflection in salary tables will be made in May 2023.

Second transitory provision

Remote work or telework situations existing prior to the entry into force of this agreement.

This agreement will be fully applicable to current employment relationships and that were regulated prior to its publication, from the moment they lose their validity.

In the event that the agreements referred to in the previous section do not provide for a term of duration, this rule will be fully applicable once a year has elapsed from its publication in the "Official State Gazette", unless the signatories of the they expressly agree to a longer term, which may be a maximum of three years.

In no case may the application of this agreement have as a consequence the compensation, absorption or disappearance of any rights or more beneficial conditions that the people who previously provided their remote services had been enjoying.

The written remote work agreement must be formalized within three months from when this agreement is applicable, as well as their adaptation to this agreement.

Third transitory provision

The Mixed Joint Commission, at its meeting on May 28, 2021, temporarily approved the following paid leave:

Indispensable time to receive the vaccine against COVID-19 until the Government of Spain declares, in a reasoned manner, the end of the health crisis situation caused by COVID-19, in line with the application of the duration of the prevention measures referred to in article 2.3 of Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19.

Fourth transitory provision Interconfederal agreements

If, during the term of this Agreement, binding agreements are reached at an interconfederal level, between the Spanish Confederation of Business Organizations (CEOE) and the trade unions that are signatories of this Agreement and that refer to aspects not contemplated in it, they They will be subject to treatment by the Mixed Joint Commission, for their adaptation and incorporation, if applicable, to this Agreement.

Fifth transitory provision Conservation of the collective agreement

If by court ruling or administrative resolution any of the precepts or provisions contained in this Collective Agreement are declared null and void, they will not lose their validity, validity and binding force for the rest of its content. The Negotiating Commission of the agreement must necessarily meet in order to correct the legal infraction from which the declaration of nullity derives.

Sixth transitory provision Out-of-court conflict resolution

The signatory parties agree to adhere to the VI Agreement on Autonomous Dispute Resolution (ASAC), according to the Resolution of December 10, 2020.

FINAL PROVISIONS

First final provision

The preceding collective agreement is expressly declared repealed, except for the express references to it contained herein. In the same way, the other collective agreements prior to the present one are expressly repealed and without effect.

Second final provision

The parties granting this Collective Agreement, on the business side, are the Spanish Confederation of Travel Agencies (CEAV); and on the union side, the Federation of Services to the Citizenship of Workers Commissions (CC. OO.), the State Federation of Services, Mobility and Consumption of the General Union of Workers (UGT) and the Professional Travel Union (SPV).

ANNEX TO THE EMPLOYMENT CONTRACT. TELEWORKING AGREEMENT (according to Royal Decree-Law 28/2020, of September 22, on Remote Work)

REUNIDOS

On the one hand, Mr./Ms. ..... ................................................................ ........................................, with DNI ....... ................ and domicile at ................................ ........................................, hereinafter the worker.

And on the other hand, Mr./Mrs.................................. ................................................................ .........., with DNI ................................, as company manager .............................................. ................................................., with registered office at ................................................... .........................., with CIF ..................... .. and contribution account code .................., hereinafter, the employer.

Both parties mutually recognize the legal capacity necessary to enter into this agreement, and by virtue of the foregoing,

EXPOSE

One.That both have agreed to sign this teleworking agreement voluntarily, agreeing to the worker providing their services in teleworking mode .

Two.That they both adopt this agreement that includes the conditions for the provision of remote work services, in accordance with Law 10/2021, of July 9, and Royal Decree Legislative 2/2015, of October 23, which approves the consolidated text of the Law of the Workers' Statute, and the Collective Agreement of Travel Agencies ..................... ................................................................ ......., based on the following:

CLAUSES

First

That the worker will provide the labor activity.................................................. CNO ................., included in the professional group ............................ .................... according to the current qualification system of the company.

Second

That this agreement will take effect from............ to............, lasting for ... ................... Establishing a trial period of ............ month for said modality.

Third

That the total working day of the worker will be distributed as follows:

To be filled out by the company depending on its circumstances.

Fourth

That the work center of the company to which the worker is attached is located at the address ........................... ...., being the place of work where the day will be carried out face-to-face in the percentages indicated.

Fifth

That the usual place of work from where the remote work freely designated by the worker will be carried out will be located at .......................... ................

Sixth

The direct expenses derived from remote work that the worker supports will be compensated through the compensation established in article 18.5.I of the national collective labor agreement for the Travel Agencies Sector.

Seventh

That the employer makes available to the worker the necessary means to carry out their work in the teletraining modality, which are included in the following inventory:

To be filled out by the company depending on the means provided.

This material will be renewed with the following periodicity ........................................ .......

The delivery of the aforementioned means will be consigned by the signature of the corresponding receipt by the worker and will be kept together with this agreement.

In the event of technical difficulties that prevent the normal development of remote work, the worker must ............................ .........................................

Eighth

The company may adopt the surveillance and control measures it deems most appropriate to verify compliance by the worker with their labor obligations and duties, including the use of telematic means, keeping in their adoption and application due consideration to their dignity and taking into account, where appropriate, the real capacity of workers with disabilities. The use of telematic means and the control of labor provision through automatic devices will adequately guarantee the right to privacy and data protection, in the terms provided in the Organic Law on the Protection of Personal Data and guarantee of digital rights, of accordance with the principles of suitability, necessity and proportionality of the means used.

If, for work reasons, the physical presence of company representatives is necessary at the teleworker's workplace and this is his/her home, this will always be done with prior notification and consent.

The worker freely consents to holding meetings via video conferences with the company and that in no case is it understood as a violation of the private home.

Ninth

The hourly control of the work carried out by the worker will be carried out through the following means .................................... ............................., in order to comply with article 34 of the Workers' Statute.

Tenth

Availability rules: .................................................. ................................................ (if the had).

Eleventh

Instructions for data protection and information security specific to remote work:

Twelfth Right to digital disconnection

The right of digital disconnection to the worker outside the working hours agreed with the company is recognized, in accordance with article 88 of the Organic Law on Protection of Personal Data and Guarantee of Digital Rights.

The business duty to guarantee disconnection entails limiting the use of technological means of business and work communication during rest periods, as well as respecting the maximum duration of the day.

Thirteenth

The rights related to access to training, professional promotion, rights of a collective nature and other rights included in Law 10/2021 of July 9, of the Distance Work Law, of the worker are recognized.

Fourteenth Reversibility

The worker and the company will have the right to exercise reversibility on the decision to apply the teleworking modality. Said reversibility will be exercised in the terms established in the collective agreement, or failing that, in those established in this agreement .................................. ................................................................ ....................................

Fifteenth Occupational risk prevention

The worker will have the right to adequate protection in terms of safety and health at work, in accordance with the provisions of Law 31/1995, of November 8, on occupational risk prevention and its implementing regulations.

The development of the preventive activity by the company may be carried out based on the determination of the risks derived from the information collected from the worker (self-assessment or self-check), according to the instructions of the prevention service.

Sixteenth

A copy of this agreement will be made available to the legal representatives of the workers within ten days after signing this agreement. There must be a record of said delivery.

Seventeenth

A copy of the agreement, together with the proof of delivery to the workers' representative, will be sent to the State Public Employment Service.

Eighteenth

In matters not provided for in this agreement, the current legislation that is applicable will be followed, particularly the provisions of the Consolidated Text of the Workers' Statute, Law 10/2021, of July 9, on Remote Work, and the provisions of the current State Collective Labor Agreement for Travel Agencies.

Nineteenth

The agreement will terminate upon expiration of the agreed time, unless an extension is agreed by both parties. In case of extension, said agreement must be recorded in writing and in accordance with current regulations.

Twentieth Data Protection

The data contained in this agreement will have the protection derived from Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 and Organic Law 3/2018, of December 5.

In agreement, they sign this agreement,

at ............................. to ............... of ......................... of ................The company , The worker,