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Resolution of January 14, 2022, of the Territorial Services of the

Summary

  • CHAPTER 2. Work regime
  • CHAPTER 3. Economic conditions
  • CHAPTER 4
  • CHAPTER 5. Professional groups
  • CHAPTER 6. Reconciliation of family and work life
  • TRANSITIONAL PROVISIONS
  • ANNEX I. Salary table for the year 2020
  • ANNEX II. Salary table for the year 2021
  • ANNEX III. Salary table for the year 2022
  • See the text of the Conveni col·lectiu del sector d'indústries de flequeria, for all years 2020 to 2022, signed by the negotiating parties on July 30, 2021, and in accordance with the provisions of articles 86.3, 90.2 and 3 of Royal Legislative Decree 2/2015 of October 23, which approves the refós text of the Llei de l'Estatut dels traballadores; Article 2 of Royal Decree 713/2010, of May 28, on registration and deposit of col lectius agreements, treball col lectius accords and equal plans; Decree 247/2021, of June 22, on the restructuring of the Department of Business and Labor, and other rules of application, Resolution:

    1. Arrange for the registration of the Conveni col·lectiu del sector d'indústries de flequeria, per als anys 2020 a 2022 (codi de conveni núm. 25000225011995) to the Register of convenis i acords col·lectius de treball i plans d'igualtat in operation with electronic mitjans dels Serveis Territorials del Departament d'Empresa i Traball a Lleida.

    2. Arrange that the text be published to the Official Gazette of the Province of Lleida.

    Collective agreement at the provincial level of Lleida for the bakery industries for the years 2020, 2021 and 2022

    CHAPTER 1 General provisions

    Preliminary article Negotiating parties

    This collective agreement has been agreed upon by the following organizations: on the part of the workers, FICA-UGT Terres de Lleida and the Federation of Industries of Workers' Commissions of Lleida (CCOO), and on the business side, the Gremi de Forners de les Terres de Lleida, mutually acknowledging that they have sufficient legitimacy to negotiate this agreement.

    Article 1 Functional scope

    This Agreement will regulate labor relations between companies and establishments dedicated to the preparation and/or sale of bread, as well as the so-called croissant shops and the workers who provide their services there.

    Article 2 Territorial scope

    The Agreement will affect all work centers that, included in its functional scope, are located in the province of Lleida, even when the registered office of the company to which it belongs is located outside said provincial term.

    Likewise, this agreement is open to its scope of application to any adherence to it, by workers from other provinces.

    Article 3 Personal scope

    This Agreement obliges both businessmen and women as well as the workers of the aforementioned workplaces, whatever their professional category, who, during its term, work under the dependency and on behalf of the affected companies.

    Article 4 Validity, duration and extension

    This Agreement will be valid for three years, from January 1, 2020 to December 31, 2022.

    The denunciation of this Agreement must occur between 120 days and 90 days before the end of its validity, with the obligation on the part of the denouncer to notify the other party and the corresponding body.

    At the end of the collective agreement and as long as a new one is not negotiated, both the regulatory clauses and the obligations will remain in force with the same content as the previous agreement.

    Article 5 Voluntary terminations

    Workers who wish to voluntarily leave the service of the company will be obliged to notify it, complying with fifteen days' notice. The breach by the worker of the obligation to notify with the indicated advance, will entitle the employer or employer, to deduct from the liquidation of the same the amount of the salary of one day for each day of delay in the notice, unless is providing services for the first 15 days, in which case the notice will be 48 hours.

    For workers who leave voluntarily, the company will be obliged to deliver the settlement two days prior to the termination date for their pertinent inquiries and once the aforementioned period has elapsed, said settlement will be made effective.

    In the event that this requirement is not met, the Companies will pay said amounts with an increase of 10%.

    Article 6 Compensation and absorption

    The economic and social conditions agreed upon in this Agreement form a whole or indivisible unit, and must be considered globally in its annual calculation, for the purposes of its practical application.

    The economic improvements established in this Agreement will be absorbable by those that workers are already enjoying at the time of its entry into force.

    Article 7 Most beneficial conditions

    All the conditions established in this Agreement are considered minimum, so that the pacts, clauses, conditions and current situations implemented individually between the workers and companies that as a whole and annual computation are in more beneficial conditions , must be respected in their entirety "ad personam".

    Article 8 Joint Committee

    Upon publication of this collective agreement in the Official Gazette of the Province, a joint agreement commission will be created, as a body for interpretation, arbitration, conciliation and compliance monitoring.

    The functions of the Joint Committee will be the following:

    The Commission will meet compulsorily at the request of either party within a maximum period of seven days, and must issue a resolution within a maximum period of seven days.

    Advisors from the deliberative Trade Union Federations (CC.OO. and U.G.T.) may attend the meetings of the Joint Commission.

    The Joint Commission will be made up of a President, a Secretary and four Members, in equal representation of the Business side and the workers. The President, who will be the President of the Liberating Commission of the Agreement, will attend the sessions, with voice but no vote.

    The members of the business part will have their domicile at the registered office of the Gremi de Forners, located at Av. Madrid, 15, Lleida. The members of the workers will have their domicile in the social premises of the unions; that of CC.OO. located at C/ Enric Granados, 5 of Lleida and the U.G.T. located in Av. Tortosa, 6-8 of Lleida.

    Both parties, the company and the worker, must inform the Joint Commission of the Agreement of any doubts, discrepancies and conflicts that may arise as a result of the interpretation of the Agreement, so that said Commission issues an opinion or acts according to regulations, without this enervating the administrative or jurisdictional actions of any of the parties.

    CHAPTER 2 Work regime

    Article 9 Working hours

    The working day will be 40 hours per week, which in annual calculation is set at 1,806 hours.

    a) When by legal provision the working day is modified, the result of the new law will be applied.

    b) The workers will enjoy after the fourth hour worked, 20 minutes at the company's expense, to have a sandwich, taking turns to make it.

    In all industries affected by this Agreement, the normal hours of entry to work will be respected.

    Article 10 Holidays

    The workers affected by this Agreement will enjoy 30 calendar days of vacation per year. In the event that they have been with the company for less than a year, they will enjoy the corresponding proportional part.

    a) The date of its enjoyment will be agreed between the company and the worker or worker.

    b) In case of disagreement, 15 days will be set by the worker and another 15 days by the company.

    c) When the vacation period established in the company's vacation calendar coincides with a temporary disability derived from pregnancy, childbirth or breastfeeding or with the period of suspension for maternity, adoption or foster care, you will have the right to enjoy vacations on a date other than that of temporary disability or that of the enjoyment of the permit that by application of said precept corresponds to you, at the end of the period of suspension, even if the calendar year has ended.

    d) In the event that the vacation period coincides with a temporary disability due to contingencies other than those indicated above, which makes it impossible for the worker to enjoy them, totally or partially, during the calendar year to which they correspond, workers may do so once their disability ends and provided that no more than eighteen months have elapsed from the end of the year in which they originated.

    Article 11 Paid leave

    Workers will enjoy paid leave in the following cases:

    Article 12 Fouls and sanctions Fouls

    The offenses committed by the workers at the service of the Company will be classified according to their importance as: minor, serious and very serious.

    1. Minor offenses include punctuality, arguments with co-workers, lack of cleanliness or cleanliness, failure to communicate in advance, being able to do so, lack of attendance at work and any other of a similar nature.

    Lack of punctuality is understood to be more than 5 times late at work or if the total delays total more than 30 minutes per month.

    2. Serious offenses are those committed against work discipline or against the respect due to superiors or superiors, colleagues and subordinates or subordinates, simulating the presence of another worker signing for them, being absent from work without leave within the working day, feigning illness or requesting leave alleging non-existent causes, sporadic drunkenness when it causes harm to the company, and in general, recurrences of minor offenses within a period of three months as well as serious violations of contractual good faith.

    3. Very serious offenses are fraud, theft or robbery both from the company and from co-workers, mistreatment by word and deed or serious lack of respect and consideration for bosses, their relatives and to the companions or companions and subordinates or subordinates; violation of company secrets, habitual drunkenness and drug addiction when they have negative repercussions at work, non-observance of safety and hygiene measures at work and recidivism in serious offenses within a period of 6 months.

    4. The list of punishable conducts is merely illustrative.

    Sanctions. The sanctions that will be imposed in each case, according to the offenses committed, will be the following:

    CHAPTER 3 Economic conditions

    Article 13 Remuneration

    Resolution of 14 January 2022, dels Serveis Territorials del

    For the year 2020, the salary increases reflected in the tables that appear in Annex I are agreed upon.

    For the year 2021, an increase equivalent to 3% is agreed on the final tables of 2020 and with economic effects as of 07-01-2021.

    For the year 2022, an increase equivalent to 2% is agreed on the final tables of 2021 and with economic effects from 01-01-2022.

    Article 14 Regularizations

    In the event that the Minimum Interprofessional Salary exceeds the amount of any of the professional categories, the Joint Commission will meet within a month from the publication of the SMI to adjust the salaries of the affected category or categories to it.

    Article 15 Plus agreement

    All workers who hold the category of salesperson - dependent on commercial personnel will receive the plus agreement that appears in the attached salary tables.

    Similarly, all workers who hold the professional category of 1st Officer, assistant and driver-deliverer will receive the plus agreement whose amount is detailed in the attached salary tables.

    The plus agreement supplement will accrue monthly at a rate of twelve annual payments and its amount will compute for the purposes of calculating the minimum interprofessional salary.

    Article 16 Seniority

    As of December 31, 1997, the traditional concept of seniority was suppressed. On the indicated date, the amount paid by the companies of the previous seniority supplement was consolidated.

    In this regard, the workers affected did not accrue new amounts or tranches of the aforementioned seniority supplement and newly hired workers will not receive any amount for this concept.

    This supplement of consolidated seniority will not be absorbable or compensable in any case or nature, and will be increased by the same percentage that is regulated in future collective agreements with a "sine die" character.

    Article 17 Complements with a periodic expiration of more than one month

    The workers affected by this Agreement will receive three extraordinary bonuses, consisting of 30 days of base salary plus consolidated seniority.

    Your payment will be made on the following dates:

    Workers who enter or leave during the year will receive bonuses in proportion to the time worked.

    Article 18 Remuneration in kind

    The daily kilo of bread that workers receive will be provided by companies, in addition, on weekly rest days, non-recoverable holidays, vacations and in the first 45 days of Temporary Disability.

    Article 19 Overtime

    When, due to imperative needs of the service, overtime hours must be performed, these will be paid with 75% of the increase over the agreed salary or will be compensated with time off.

    CHAPTER 4

    Article 20 Forms of contracting

    Regarding the form and modalities of contracting, the signatory parties to this Agreement expressly refer to the provisions of the current Consolidated Text of the Workers' Statute Law and other generally applicable regulations on employment promotion.

    Article 21 Income, promotions and promotions Income

    The entry of workers of all categories into companies will be done in accordance with current legislation on hiring. Preference for their hiring will be given to workers provided with the Titles that, with official validity, issued by the Bakery Schools.

    Trial period. A trial period may be arranged for new hires which, in no case, may exceed six months for qualified technicians, nor three months for other workers.

    The business part and the worker are, respectively, obliged to carry out the experiences that constitute the object of the test.

    During the trial period, the worker will have the rights and obligations corresponding to the job they perform as if they were a staff member, except those derived from the termination of the employment relationship, which may occur at the request of any of the parties during its course.

    After the trial period has elapsed without the withdrawal having occurred, the contract will take full effect, computing the time of the services provided in the seniority of the worker in the company.

    The situation of Temporary Disability that affects the worker during the trial period interrupts its computation whenever there is an agreement between both parties.

    Promotions and promotions. In order to fill the vacancies that occur in the various jobs, the criteria of combining seniority with capacity will be followed, and the company can occupy them with newly hired personnel, if there are no trained workers in the company to cover them.

    Article 22 Miscellaneous provisions

    First. The business part understands and defends the ethical and moral arguments of the petition of the workers, when requesting early retirement from the official State Bodies, to avoid the eternity in working life and promote the creation of jobs of work.

    Second. The companies, through the GREMI DE FORNERS mediation, or through their own management, will annually request the medical examination of all their workers.

    Third. Supplementary right.

    In all matters not regulated in this Agreement, the provisions of the Workers' Statute and other regulations in force will apply.

    Fourth. Negotiation fee.

    In order to defray the expenses incurred in the negotiation of this Agreement, the companies will deduct from each of the workers included in the scope of its application, within the month following its publication, in the Official Gazette of the Province of Lleida the amount of 24.04 euros that must be entered in the name of the trade union organizations that have intervened in the negotiation and in the account of the bank that will be indicated to the companies in due course.

    Employees who wish to pay said contribution shall notify their respective companies in writing. Otherwise, it will be understood that they do not give their agreement to the aforementioned payment.

    Fifth. Care regimen.

    In the case of an accident at work, companies will supplement up to one hundred percent of your salary from the tenth day of leave and up to a maximum of three months.

    The companies reserve the right to suppress the aid expressed in the previous paragraph, when from the report issued by the doctor designated by the company, it can be deduced that the worker deliberately extends his leave.

    Sixth. Special retirement.

    The signatory parties to this Agreement consider the application of 65 years as the retirement age as positive, which allows the 10th Additional Provision of the Workers' Statute, provided that the following requirements are met:

    Seventh. Union guarantees:

    Eighth. Continuous training.

    The signatory parties to this Agreement adhere to the IV National Continuing Training Agreement signed on February 1, 2006, signed between CEOE and CEPYME, in their capacity as the most representative union organizations of a state nature and on the other by CC. OO and UGT as the most representative union organizations of a state nature.

    Ninth. Occupational Safety and Hygiene and Health Conditions.

    Companies will be obliged to have sufficient ventilation in the workplace, as well as carry out a mandatory medical examination for all workers every year.

    They must also have the minimum requirements such as: lockers, toilets, sinks and showers.

    In any case, the provisions of the Occupational Risk Prevention Law no. 31/1995, of November 8, Regulations and other regulations on the matter.

    Tenth. Work clothes.

    Workers will be provided with work clothes consisting of the following items: A pair of suitable footwear, four T-shirts, two pants to choose from (short or long). Sales assistants: two robes. Drivers and transporters: two jackets, two trousers, three pairs of suitable footwear, two hats and two aprons.

    This work clothing will be provided annually and will be computed from its delivery.

    Eleventh. Pick up companies.

    This collective agreement obliges all companies and workers included within its scope of application and, during the entire time of its validity. Notwithstanding this, when there are economic, technical, organizational or production causes, in agreement between the company and the legal representation of the workers entitled to negotiate the collective agreement, it may proceed, prior to the development of a consultation period that will have a maximum duration of fifteen days, to not apply in the company the working conditions provided for in this collective agreement, which affect the following matters:

    It is understood that economic causes concur when a negative economic situation emerges from the results of the company, in cases such as the existence of current or expected losses, or the persistent decrease in its level of ordinary income or sales.

    In any case, it will be understood that the decrease is persistent if during two consecutive quarters, the level of ordinary income or sales of each quarter is lower than that registered in the same quarter of the previous year. It is understood that technical causes concur when changes occur, among others, in the sphere of the means or instruments of production; organizational causes when changes occur, among others, in the field of systems and work methods of workers or in the way of organizing production and productive causes when changes occur, among others, in the demand for products or services that the company intends to place on the market.

    When the consultation period ends with an agreement, it will be presumed that the justifying causes referred to in the second paragraph concur and, it can only be challenged before the social jurisdiction for the existence of fraud, fraud, coercion or abuse of rights in its conclusion. The agreement must accurately determine the new working conditions applicable in the company and the duration, which may not be extended beyond the moment in which a new agreement is applicable in said company. The non-application agreement may not give rise to the breach of the obligations established in the agreement regarding the elimination of discrimination for reasons of gender or those that were provided for, where appropriate, in the equality plan applicable in the company. Likewise, the agreement must be notified to the joint commission of the collective agreement. In case of disagreement during the consultation period, either party may submit the discrepancy to the agreement commission, which will have a maximum period of seven days to pronounce itself, counting from the date the discrepancy was raised.

    When the intervention of the commission has not been requested or the latter has not reached an agreement after the period of five days, the parties will request the mediation procedure before the Labor Court of Catalonia.

    The definitive agreements must be notified to the Joint Commission of the Agreement.

    Twelfth. Food handler's license. The workers subject to this Agreement must compulsorily provide a food handler's card, for which purpose the company will provide the necessary training to obtain said card.

    Thirteenth. Drivers or drivers. In the event that a driver's driver's license is temporarily withdrawn, the company will provide him with work during the period of suspension of the permit, paying him the salary that corresponds to the work performed. This condition will be maintained for a maximum of two driving license suspensions or a total of three monthly payments, beyond which the driver or driver will only have the right to reserve a job.

    Fourteenth. Compensation for death, permanent and total disability for your habitual profession, permanent and absolute disability for all kinds of work and Major Disability, derived from work accident.

    Irrespective of the mandatory Social Security indemnities that may apply, through the conclusion of a coverage policy with an insurance company, the company will guarantee the workers or, where appropriate, their heirs and for the cases that specify the following indemnities:

    CHAPTER 5 professional groups

    Article 23 Professional groups

    A. Preparation Staff: 1st Auxiliary Officer (Assistant)

    b. Mercantile Salesperson Employee C. Administrative and Administrative Personnel Administrative Officer Administrative Assistant D. Complementary Personnel: Driver-Deliveryman Cleaning Personnel

    Article 24 Definition of professional categories

    A. 1st Official Production Personnel: This is the worker who is in charge of the kneading work, preparation of the different pieces and firing them, taking care of the proper functioning of the machinery, as well as its cleaning. Likewise, they will verify the work of the assistants or personnel in training under their supervision.

    This category will also include workers who, in those companies where there is a specialty of pastries, pastries and the like, dedicate themselves to such tasks.

    Auxiliary: It is the unskilled worker who has the function of assisting the 1st Officer in the work of kneading, preparing the different pieces and firing them, taking care of the proper functioning of the machinery, as well as its cleaning. Likewise, he will verify the work of the assistants or personnel in training under his supervision.

    b. Commercial Personnel Salesperson and Dependent: This is the worker who makes the sales and collection, as well as the finishing of the different products that the company sells and produces in all its work centers, also taking care of of their cleaning and grooming.

    C. Administrative staff Administrative officer: This is the worker who, under the orders of the company's Management, performs administrative work with initiative and responsibility.

    Administrative assistant: It is the worker who is dedicated to administrative operations and, in general, to the purely mechanical ones inherent to office or office work.

    D. Complementary personnel Driver-Delivery Man: This is the worker with the appropriate driving license who carries out the distribution tasks between the production centers and the sales and collective centers.

    Cleaning staff: They are in charge of cleaning the different tools and the company premises.

    Article 25

    The workers listed above, when their own duties allow it, will help the operators in charge of the wounding or preparation of the pieces of bread and pastries, their boarding and the cleaning of the bakery .

    Article 26

    The workers listed above, when their own tasks allow it, will help the workers in charge of the wounding or preparation of the pieces of bread and pastries, their boarding and cleaning of the bakery .

    CHAPTER 6 Reconciliation of family and work life

    Article 27

    The parties signing the agreement expressly refer to the provisions of the current Consolidated Text of the Workers' Statute Law and other applicable regulations.

    Article 28 Reduction of working hours for family reasons

    28.1. Paid work time:

    In the cases of birth, adoption, guardianship for the purpose of adoption or foster care, workers will be entitled to one hour of daily absence from work, which may be divided into two fractions, for the care of the infant until the turn nine months. The duration of the permit will increase proportionally in the cases of birth, adoption, guardianship for the purpose of adoption or multiple fostering.

    The worker who exercises this right, at his will, may replace it with a reduction in his working day by half an hour for the same purpose or accumulate it in full days in the terms agreed upon with the company.

    The reduction in working hours contemplated in this section constitutes an individual right of workers without their exercise being able to be transferred to the other parent, adopter, guardian or foster person. 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, which 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 nursing infant turns twelve months, with a proportional reduction in salary from the completion of nine months. months.

    28.2. Reduction in working hours with reduction in salary:

    The hourly specification and the determination of the period of enjoyment of the lactation leave and the reduction in working hours due to the birth of premature sons or premature daughters and the reduction for legal guardianship correspond to the worker, within their ordinary working day. The worker must notify the company fifteen days in advance about the start and end date in advance about the start and end date of the lactation leave or reduced working day.

    28.3. Suspension of the employment contract with the right to reserve the job.

    28.3.1. The suspension for maternity has a duration of sixteen weeks that will be enjoyed uninterruptedly and can be extended in the event of multiple births to two weeks for each child, starting from the second. The period of suspension will be enjoyed at the option of the person concerned, provided that six weeks are immediately after the birth.

    In the event of the death of the mother, regardless of whether or not she did any work, the other parent may make use of the entire suspension or, where appropriate, of the remaining part of the suspension period, computed from the date of delivery and without discounting the part that the mother could have enjoyed prior to delivery. In the event of the death of the son or daughter, the period of suspension is not reduced unless, once the six weeks of mandatory rest have ended, the mother requests her reinstatement to her job.

    Without prejudice to the six weeks immediately after the birth, of obligatory rest for the mother, in the event that both parents work, the mother, at the beginning of the maternity rest period, may choose for the other parent to enjoy uninterrupted rest period after childbirth, either simultaneously or successively with that of the mother. The other parent may continue to make use of the maternity suspension period initially assigned, even though at the time scheduled for the mother's return to work, she is in a situation of temporary disability. In the event that the mother does not have the right to suspend her professional activity with the right to benefits in accordance with the norms that regulate the indicated activity, the other parent has the right to suspend her employment contract for the period that would have corresponded to the mother, being compatible with the exercise of the right recognized in the following article. In cases of premature birth and in those in which, for any other reason, the newborn must remain hospitalized following the delivery, the period of suspension can be computed at the request of the mother or, if the figure of the mother does not exist, of the another parent, from the date of hospital discharge. The first six months after the birth of mandatory suspension of the mother's contract are excluded from this calculation.

    In the cases of premature births with a lack of weight and those in which the newborn needs, due to some clinical condition, hospitalization following the delivery, for a period of more than seven days, the suspension period It is extended to as many days as the newborn is hospitalized, with a maximum of thirteen additional weeks and, in the terms established by law.

    28.3.2. For adoption or foster care, both pre-adoptive and permanent or simple, of children under eight years of age in the case of disabled or handicapped minors or who, due to their circumstances and personal experiences or because they come from abroad, have difficulties social and family insertion programs duly accredited by the competent social services: the suspension will last sixteen uninterrupted weeks, extendable, in the event of adoption or multiple fostering, to two weeks for each son or daughter from the second, counted from choice of the worker or worker, either from the administrative or judicial decision of provisional or definitive foster care, without, in any case, the same minor being able to give the right to several periods of suspension, or from the judicial resolution by which adoption is established.

    In cases of international adoption, the period of suspension can begin up to four weeks before the resolution constituting the adoption.

    In the event that the mother and father work, the period of suspension is distributed at the option of the interested persons, who can enjoy it simultaneously or successively, always in uninterrupted periods and within the limits indicated.

    In permanent or simple adoption or pre-adoptive fostering, the duration cannot be less than one year, even if these are provisional.

    Both in the cases of childbirth and adoption or foster care, the suspension can be enjoyed on a full-time or part-time basis, prior agreement between the company and the affected worker, under the terms detailed in the regulations.

    In cases of international adoption, when it is necessary to move the parents to the adoptee's country of origin, the period of suspension can begin up to four weeks before the resolution constituting the adoption.

    In cases of disability of the son or daughter or the adopted or fostered minor, the suspension of the contract has an additional duration of two weeks.

    28.3.3. Due to paternity, in the case of the birth of a son or daughter, adoption or foster care, the worker has the right to suspend the contract during the legally established period of time. However, the last week of the rest period may be enjoyed independently at another time within the nine months following the date of birth of the child, with the prior agreement of the company/employee that must be adopted at the beginning of the suspension period. .

    The use of these periods is independent of the shared use of maternity leave periods.

    In cases of adoption or foster care, this right corresponds only to one of the parents, at the choice of the person concerned. However, when the period of maternity suspension is fully enjoyed by one of the parents, the right to paternity suspension may only be exercised by the other.

    The period for exercising the right is from the end of the leave for the birth of a son or daughter, or from the judicial decision constituting the adoption, or coinciding with the maternity leave or immediately after the maternity leave or immediately after the end of maternity leave. A minimum of 50% can be enjoyed full-time or part-time, with prior agreement between the company and the worker and in accordance with the regulations. The worker must notify them well in advance and in accordance with the terms of the collective agreement.

    28.3.4. Risk during pregnancy and lactation of a child under nine months.

    If the results of the evaluation reveal a risk to safety and health or a possible impact on the pregnancy or breastfeeding of the worker, the company must adopt the necessary measures to avoid exposing this risk by adopting of the working conditions or working time of the affected worker. These measures must include, when necessary, not performing night work or shift work.

    If this adaptation is not possible or if, despite the adaptation, the conditions of the workplace may negatively influence the health of the pregnant worker or the fetus, and if it is certified and reported in the terms provided in the Article 26.2 of the Occupational Risk Prevention Law, this worker must go on to develop a different job position or function compatible with her status and the company must determine, after consulting with the legal representatives of the workers, the relationship of positions risk-free for this purpose, as well as alternative positions to those. The change of position or function will be carried out in accordance with the rules and criteria of functional mobility.

    In cases where, after applying the indicated rules, there is no compatible job or function, the worker may be assigned to a position that does not correspond to her equivalent group or category, although she retains the right to all salary from your original job.

    If this change of position is not technically or objectively possible, or if it cannot be reasonably required for justified reasons, the employment contract may be suspended under the terms provided in article 45.1 d) of the Workers' Statute and with the right to the benefit regulated in articles 134 and 135 of the Consolidated Text of the General Social Security Law, during the period necessary to protect your safety or health and while the impossibility of returning to your previous job or another job persists compatible with your state.

    The measures provided for in the first three paragraphs are also applicable during the lactation period, if the working conditions may negatively influence the health of the woman or the son or daughter and if this is certified in the terms provided in Article 26.4 of the Occupational Risk Prevention Law.

    The suspension of the contract ends on the day that the suspension of the contract for biological maternity begins or when the infant turns nine months old, respectively, or, in both cases, when the impossibility of the worker to rejoin her previous job disappears. job or another compatible with your status.

    Article 29 Leave of absence

    Workers are entitled to the following periods of leave:

    The period of leave in the last two cases can be enjoyed in a fractional way in one or more periods and is computable as seniority. The worker during this period has the right to attend professional training courses, to which he must be summoned, especially on the occasion of his reinstatement. During the first year you have the right to reserve your job. After this period, the reservation refers to a job position in the same professional group or in an equivalent category.

    Leave of absence to care for family members constitutes an individual right of the worker. However, if two or more workers of the same company generate this right by the same taxpayer, the company can limit the simultaneous right for justified reasons of operation.

    When a new causative subject generates the right to a new period of leave, the beginning of this implies the end of the one being enjoyed, if applicable.

    Article 30 Dismissal and termination of the contract

    The dismissal will be void in the following cases:

    What is established in the previous paragraphs applies unless the dismissal is declared appropriate for reasons other than those indicated.

    First transitory provision

    Regarding conflict resolution, the parties agree to refer to the provisions of the T.L.C. (Labor Court of Catalonia).

    This Agreement has been drawn up by the free expression of the will of the parties, issued by the respective representations and as proof of this, they sign it by mutual agreement.

    Lleida, July 30, 2021

    ANNEX ISalary table year 2020

    (Validity 01/01/2020)

    S.B. DIARY S.B. ANNUAL ANNUAL SALARY

    < /tbody>
    Elaboration staff
    Officer 1st29.3713,363, 3515,299.19
    Assistant assistant28.5412,985.7014,870.54
    Mercantile staff
    Dependent Salesperson 28.5112,972.0513,300.11
    Administrative staff
    Administrative officer29.3713,363.3513,363.35
    Administrative assistant29,23113,300.1113,300.11
    Supplementary staff< /td>
    Driver-delivery driver29.3713,363.3515,299.19
    Cleaning staff29,23113,300.1113,300.11
    Plus agreementEUROS/MONTH
    First officer and driver< /td>161,32
    Auxiliary (assistant)157,07
    Salesperson - Dependent 27.29

    ANNEXOIISalary table year 2021

    (Validity 07/01/2021)

    S.B. DAILYS.B. ANNUALANNUAL SALARY
    Production staff
    Officer 1st30.2513,764.2515,758.17
    Assistant Assistant29.4013,375.2715,316.66
    Commercial staff
    Dependent seller29.3713,361.21 13,698.52
    Administrative staff
    Administrative officer30.25 13,764.2513,764.25
    Administrative assistant30.1113,699.1113,699.11
    Additional staff
    Driver- delivery man30.2513,764.2515,758.17
    Cleaning staff30.1113,699.1113,699.11
    < td>28.11
    Plus agreementEUROS/MONTH
    First officer and driver166.16
    Auxiliary (assistant)161.78
    Seller - Dependent

    ANNEX IIISalary table year 2022

    (Validity 01/01/2022)

    S.B. DAILYS.B. ANNUALANNUAL SALARY
    Elaboration staff
    Officer 1ª 30.8614,039.5416,073.33
    Assistant assistant29.98< /td>13,642.7815,622.99
    Mercantile staff
    Seller /a Dependent29.9513628.4413,972.49
    Personal administrative officer
    Administrative officer30.8614,039.5414,039.54< /td>
    Administrative assistant30.7113,973.0913,973.09
    Supplementary staff
    Driver-delivery driver30.8614,039.54 16,073.33
    Cleaning staff30.7113,973.0913,973.09
    < td>28.67
    Plus agreement
    EUROS/MONTH
    First officer and driver169.48
    Auxiliary (assistant)165.02
    Seller - Clerk
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