Resolution of December 23, 2021, of the Consellería de

Summary

Once the text of the collective agreement of the Ourense textile trade has been seen, valid from 01/01/2020 to 12/31/2022, with agreement code no. 32000145011981, which was signed on December 15, 2021, by the negotiating committee made up of the business side: Centro Comercial Ourense Centro and Provincial Association of Entrepreneurs of the Textile Trade of Ourense and on the social side, the representatives appointed by the trade unions: UGT , IGC and CC. OO. and, in accordance with the provisions of article 90.2 and 3 of Royal Legislative Decree 2/2015, of October 23, which approves the Consolidated Text of the Workers' Statute Law [BOE/BOE 255, of 24 of October 2015], Royal Decree 713/2010, of May 28, on registration and deposit of agreements and collective labor agreements [BOE/BOE 143, of June 12, 2010] Royal Decree 2412/82, of July 24, on the transfer of functions and services from the State Administration to the Autonomous Community of Galicia, in labor matters [BOE/BOE 232, of September 28, 1982] and by Decree 110/2020 of September 6 , which establishes the organic structure of the Xunta de Galicia, this Territorial Headquarters, resolves:

First. Order its registration and deposit in the Registry of Collective Labor Agreements and Agreements and Equality Plans of the Autonomous Community of Galicia and notify the business and social representation of the Negotiating Commission.

Second. Order its publication in the Official Gazette of the Province of Ourense, on the date of the electronic signature.

Collective textile trade agreement of the province of Ourense 2020-2022

Article 1 Scope of application and territorial scope

This agreement affects all companies dedicated to the textile trade with a work center in the province of Ourense, even if its registered office had its domicile in a different one, and will also be applicable to companies that settle in the province during its validity.

In any case, any company or business that settles in the province of Ourense and has as its main activity that of the scope of application defined here must apply the conditions established in this agreement.

Article 2 Personal scope

It affects all the companies dedicated to the textile trade and all the workers included in its territorial scope of application, except those who exercise functions of the high council or senior management.

Article 3 Validity, duration and denunciation

The collective agreement will begin its validity on 01.01.2020 and will end on 12-31-2022, being applicable in its entirety until another one is signed that replaces it. Once its validity has expired, it will automatically be understood as denounced.

Article 4 Advertising

Companies must have a copy of the agreement in the workplace for the knowledge of the staff. Likewise, the companies will post copies of the Social Security contribution bulletins on the bulletin board, so that the staff can verify their employment status on a monthly basis.

Article 5 Acquired rights

The acquired rights will be respected, as well as the higher amounts agreed on a personal basis that the companies have established at the entry into force of this agreement.

Article 6 Compensation and absorption

The improvements of the agreement will be compensated and absorbed to the extent it reaches in the annual computation with those others that could be established by legal provision, which were established by the company unless expressly agreed otherwise.

Article 7 Salary of the agreement

The salaries are detailed in the salary table that appears as an annex. The increase for the year 2021 represents a rise of 2.50% compared to the last published salary tables (year 2019). In 2022 the salary increase will be 2.50% over 2021, applying from January 1, 2022. The economic effects of the agreement will begin on January 1, 2022 and no arrears will be paid.

Article 8 Extraordinary bonuses

Companies must pay three extraordinary payments: one in July, another in December and another in spring, payable between January 1 and March 31. Each one will be made up of a monthly payment of the total salary of the agreement and the seniority premium, which will be estimated, if applicable, on the updated salary on the date it is paid, and even with the benefits for those who, by regulation or by agreement have them recognized, in such a way that the amount of these must be equal to that of the ordinary monthly payments, constituting 15 annual payments.

Article 9 Night Plus E

he night work (from 10:00 p.m. to 6:00 a.m. the next day), will have the following specific remuneration: a 50% increase in the hourly base salary

Article 10 Work of the afternoons of December 24 and 31

As of 2021, the hours worked after 4:00 p.m. on December 24 and 31 will have a surcharge of €10/effective hour worked.

Article 11 Seniority Award

The periodic increases for years of service will be four years in the amount of 6% of the base salary corresponding to the category in which the worker is classified, and that appears in this agreement.

The accumulation of increases due to seniority may not, in any case, amount to more than 10% at 5 years, 25% at 15 years, 40% at 20 years and 60% at the most at 25 or more years.

Article 12 Working day

The working day will be 40 hours per week. The staff will have the right to a day and a half of uninterrupted rest that will include Saturday afternoon and Sunday or Monday morning, unless by agreement between the company and the worker the enjoyment of that half day is agreed on any other day of the week. . When the continuous daily shift exceeds six hours, workers will enjoy a 15-minute paid break during the same.

Personnel whose work centers remain open on Saturday afternoons will have the right to rest one Saturday afternoon per month, without this implying a reduction in working hours in the week that corresponds to said rest.

The workers affected by this agreement will have the right in 2022 to three non-recoverable working days, as a consequence of the application of the work calendar. These days will be set by mutual agreement between the company and the workers. In the absence of agreement, the workers will have the right to enjoy in 2022 the days of November 7 and 14 and November 28. If they are enjoyed on other dates, they will not be cumulative with vacations or holidays, nor can they be requested coinciding with the periods of greatest sales for the trade.

Article 13 Registration of working hours

All staff will record their day daily, taking into consideration the following points:

Article 14 Work on Sundays and holidays

When the company decides to open its establishment on Sundays or holidays permitted by the Xunta de Galicia, it must take into account that:

Article 15 Overtime

Only overtime that is necessary to repair claims or other damage that endangers the facilities and/or stored materials, those derived from breakdowns that require immediate repair, as well as those due to changes in season, exposures or warehouse reorganization.

When it is found that the number of overtime hours exceeds 40 weekly in the same section or service of the company, the number of workers necessary to replace the performance of said overtime hours will be hired.

In any case, overtime will be compensated with rest time at a rate of 1.75 hours per overtime worked. Said rest time will be enjoyed by mutual agreement between the company and the affected workers, and will only be paid when the worker so requests. Overtime will be recorded on a daily basis.

and it will be totaled weekly, and a monthly summary copy will be delivered to the worker and another to the union representatives of the workers.

Article 16 Seniority Compensation Award

Those workers who have been working in the company for at least 10 years and leave it voluntarily after the age of 64, will be entitled to enjoy one month of paid vacation.

The enjoyment of paid vacations will be effective with the corresponding advance to the effective termination of the company, and the worker must be reliably informed of their decision to leave voluntarily.

The company will give you a certificate of the award of the aforementioned vacation award, accrediting the request for this by the worker.

Article 17 Licenses and permits

The worker, after notice and justification, may be absent from work with full right to remuneration, for any of the reasons and for the following time:

Article 18 Work schedule

All companies affected by this agreement are required to prepare a work calendar in the first three months of the year.

Article 19 Holidays

The vacations will be 30 calendar days, their distribution will be: 17 days between June 15 and September 30, and the remaining 13 days by mutual agreement between the company and the worker. They cannot start to be computed on a Sunday or a holiday.

When the vacation period set in the company's vacation calendar referred to in the preceding paragraph coincides in time with a temporary incapacity derived from pregnancy, childbirth or breastfeeding or with the period of suspension of the employment contract provided for in article 48.4 of the ET, you will have the right to enjoy the vacations on a date other than that of the TI or the one 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 year has ended natural to which they correspond.

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

Article 20 Digital disconnection

The companies recognize the right to digital disconnection of the personnel included in the functional scope of the agreement in order to guarantee respect for their rest time, permits and vacations, as well as their personal and family privacy once their working day has ended.

The staff shall have the right not to respond to any communication, regardless of the means used (email, Whatsapp, telephone, etc.) once their working day has ended, unless there are circumstances of force majeure that suppose a serious, imminent or evident Business or business damage, which, given the temporary urgency, undoubtedly requires an immediate response. In those cases when the company needs the staff after the end of their working day, they will contact preferably by email, messaging application, or by phone, communicating the urgency of the situation.

Digital disconnection is excluded from the application of the right to those workers who are available to the company and receive remuneration for it, understanding that the person will have the obligation to attend to the company's communications, in accordance with the regulations that regulate the availability regime.”

Article 21 Work Clothes

Companies must provide their staff with the garments or uniforms that they will use during their work day; or when its use is mandatory for the development of the entrusted work, the company will be obliged to provide it prior to demanding its use. The garments must be replaced by the company when their degree of deterioration advises it.

Article 22 Temporary hiring

In accordance with the provisions of article 15.1.b of the Workers' Statute, the contract due to market circumstances may have a maximum duration of 12 months. Its legal regime will be equivalent to that of the contract for an indefinite period in terms of salary benefits, supplements, vacations, etc.

This contract is subject to a specific termination regime requiring prior written notice at least 15 days in advance and with compensation of 12 days per year worked, it being understood that this compensation corresponds to the termination of the contract or its extensions. . If the contract is terminated before the end of its maximum duration, or of each of its extensions for reasons not attributable to the worker, they will be entitled to receive the compensation that legally corresponds to them for dismissal.

In the event that the termination or the end of the maximum duration of twelve months does not occur, if the worker continues to provide their services to the company, the contract will become indefinite.

Article 23 Fixed contracting

In favor of less precariousness in employment, companies will have to have in each establishment more than 12 workers three years after opening, 70% of their workforce with an indefinite contract.

Article 24 Category of helper

Once 3 years have elapsed with the category of assistant in the same company, they will be promoted to the category of dependent. In companies that have more than one workplace, at least 25% of their workers must have the category of dependent.

Article 25 Training contracts

Contracts for training regulated by Royal Decree 488/1998, will be made to workers over 16 years of age and under 21 years of age. They will have a maximum duration of 3 years and a minimum of 6 months, in accordance with the provisions of article 19 of Royal Decree 488/1998. In what is not foreseen, it will be necessary to abide by what is indicated in the Royal Decree and other applicable regulations. The remuneration will be as follows:

Article 26 Internship contracts

Internship contracts will be regulated by the provisions of Royal Decree 488/1998, although the remuneration of the contracted workers may not be less than 70% of the salary of the agreement for the professional category in which the internships will be carried out, for the first year, and 80% of the salary of the agreement for their professional category, for the second year. In what is not foreseen, it will be necessary to abide by what is indicated in Royal Decree 488/1998 and other applicable legislation.

Article 27 Part-time contract

In work centers with more than five workers, indefinite part-time contracts may not be for less than 30 hours per week, except if necessary to cover the hours that are not performed due to the reduction in working hours due to legal guardianship.

In part-time contracts of indefinite duration, the worker must know the day and time of completion of the additional hours with seven days' notice. Failure to comply with this notice will determine the obligation to pay said additional hours with a 50% surcharge. Personnel with a part-time contract will have the preferential right to increase their working day, compared to the celebration of new contracts, provided that the job is the same. For these purposes, the company will inform workers about the existence of vacant positions, so that they can formulate requests for an increase in working hours. In work centers with continuous business hours, that is, that do not close at noon, staff with a part-time contract whose working hours are less than 25 hours per week will have a continuous daily shift. In those work centers that close at noon, the continuous daily shift is established for people with part-time contracts whose shift is less than 20 hours per week.

Article 28 Geographic mobility

When the worker is not satisfied with the business decision and does not opt ​​for the termination of the contract, proceeding to its legal challenge, the transfer will not be effective until there is a sentence that declares the transfer justified or unjustified. If justified, the worker will be incorporated into his new work center within a maximum period of 10 calendar days, counted from the notification of the sentence. In everything else, the provisions of article 40 of the ET will apply.

Article 29 Withdrawal due to IT

In the case of sick leave due to an accident at work, 100% of the salary corresponding to the sick worker will be received from the first day of sick leave. With regard to common or professional illness, IT staff will receive, charged to the company, for a maximum period of 1 year, the salary that corresponds to them under this agreement, increased with the increases for years of employment. service.

Article 30 Maternity protection

In the case of maternity, the company must grant permits of 16 uninterrupted weeks, extendable for multiple births up to 18 weeks. The period of suspension will be distributed at the option of the interested party, provided that the six weeks are immediately after delivery.

Notwithstanding the foregoing, in the event that the mother and father work, the mother, at the start of the maternity leave period, may opt for the father to enjoy four of the last weeks of suspension, provided they are uninterrupted and at the end of the aforementioned period. period, except that at the time of its effectiveness the return to work poses a risk to health.

In cases of premature delivery and in those in which, for any other reason, the newborn must remain hospitalized after delivery, the period of suspension may be computed, at the request of the mother, or failing that, of the other parent, at from the date of hospital discharge. Excluded from said calculation are the six weeks after childbirth, of mandatory suspension of the mother's contract.

In cases of premature births with low weight and those others in which the newborn requires, due to some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension will be extended by as many days as the newborn. is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which it is developed by regulation.

In the event of adoption, if the adopted child is less than 9 months old, the suspension will have a maximum duration of 8 weeks, counted from the judicial resolution establishing the adoption. If the child is under 5 years old and over 9 months old, the suspension will have a maximum duration of 6 weeks. In the event that the father and mother work, only one of them may exercise this right.

The decision to terminate the contract will be null and void in the following cases:

Article 31 Equality at work

The principle of equality at work will be respected for all purposes, and discrimination for reasons of sex, marital status, age, race, social condition, political ideology, or religious beliefs, union affiliation or not, will not be accepted.

Nor can there be discrimination on the grounds of physical, mental or sensory disabilities, provided that they were in a position to perform the work or employment in question.

Both parties agree that important objectives for the achievement of systematic and planned equality of opportunity are that:

Article 32 Disciplinary regime for sexual and workplace harassment

Sexual harassment:

It will be considered sexual harassment at work, all conduct of a sexual nature, developed in the field of the organization and Management of a company or as a consequence of a work relationship, carried out by a subject who knows that his attitude is offensive and unwanted by part of the victim, determining a situation that affects employment and working conditions, causing a hostile, intimidating and humiliating work situation.

Workplace Harassment:

It is a psychological harassment at work, in which a person or group adopt positions of hostility against a specific worker, systematically and for a long time, through actions against the dignity of the affected person. , against the exercise of their work, etc.

Any behavior or situation that corresponds to the above definitions will be considered a very serious offense and Royal Legislative Decree 5/2000, of August 4, approving the Consolidated Text of the Law on Infractions and Sanctions in the Social Order and Law 3/2007, of March 22, for Effective Equality between Men and Women.

Article 33 Protection against gender violence

The worker victim of gender violence who is forced to leave the job may request a transfer to a different unit or to another location.

She will have the right to a leave of absence, to make effective her protection or her integrated social assistance, without the need to have provided a minimum time of services and without a period of permanence in it.

The situations of violence that give rise to the recognition of the rights regulated in this article will be accredited with the protection order in favor of the victim. Exceptionally, it will be the title of accreditation of this situation, the report of the Public Prosecutor that indicates the existence of indications that the plaintiff is a victim of gender violence until the protection order is issued.

Article 34 Leave of absence

The worker with at least one year of seniority in the company has the right to be recognized the possibility of placing himself on voluntary leave for a period of not less than four months and not more than five years. During the first year, the person requesting leave would have the right to reserve her job. The request for leave of absence can only be made by the same worker if four years have elapsed since the end of the previous leave of absence.

Workers will be entitled to a period of leave due to the birth or adoption of a child, until the child reaches the age of 5, or in the cases of foster care, both permanent and pre-adoptive, even if these are provisional, or, where appropriate, of the judicial resolution or administrative.

They will also be entitled to a period of leave, lasting no more than two years, for workers to attend to the care of a family member up to the second degree of consanguinity or affinity, who for reasons of age, accident, illness or disability cannot take advantage of the himself, and does not carry out paid activity.

The leave of absence contemplated in this section, in which the period of duration may be enjoyed in installments, constitutes an individual right of workers, men or women. However, if two or more workers of the same company generate this right by the same subject, the employer may limit its simultaneous exercise for justified reasons of company operation.

Article 35 Partial retirement

Under article 166.2 of the Social Security Law and article 12.6 of the Workers' Statute, workers have the subjective right to request partial retirement from the company and a reduction in working hours up to the maximum limit of 85% when meet the legally established requirements and especially the age that may not be less than 60 years.

The communication must be sent to the company at least 3 months before the expected date of partial retirement. The corresponding percentage of working hours will be accumulated in the months immediately following partial and full-time retirement.

Workers must compulsorily retire once they reach the age of 65, provided they meet the requirements to access a contributory retirement benefit.

Article 36 Joint Commission

The negotiating parties agree to establish a joint commission as the body for interpretation, monitoring and compliance with the agreement, based in Ourense, (Plaza das Damas, nº1, CP 32005).

The commission will be made up of three members from the business side, and three from the union side. It will be convened by any of the parties, sufficing for this a written communication in which the points to be discussed on the agenda are expressed, as well as a proposal for the date, place and time to hold the meeting, and the other must answer party within a period not exceeding three days. The meeting of the joint commission must be held within 7 days from receipt of the communication of the same by the other party. The specific functions of the joint committee are the following:

In the event that a resolution cannot be issued because there is no agreement within the joint commission, the parties will be obliged to submit to the mediation procedure established in the Galician Interprofessional Agreement (AGA) on extrajudicial procedures for the resolution of labor disputes. .

Article 37 Union rights and guarantees

a) Companies must comply with Royal Legislative Decree 2/2015, of October 23, which approves the Consolidated Text of the Workers' Statute and the national agreements signed between both parties on this matter in a clear and progressive manner. The personnel delegates will exercise jointly before the employer the representation for which they were chosen, intervening in any questions that arise in relation to the working conditions and personnel they represent, formulating claims before the labor authority, Social Security managing entities according to proceed on compliance with those relating to safety and hygiene at work and Social Security. The works councils will receive information, which will be provided to them at least quarterly, on the production and sales situation of the company, on its production programming and probable evolution of employment in the company, know the balance of results, the memory , and in case of reverting the legal form of society, of the other documents that are made known to the partners and in the same conditions as these. Issue a report in advance on the restructuring of personnel and banking tables.

b) In all contracts, modifications and extensions of these, it may be included along with the signature of the employer and worker, that of a union representative of the workers, understanding by these the members of the union sections, company committee and delegates of staff.

c) The Management of the company, within a period of 1 week, will deliver a copy of the contract or document that modifies it to the union representatives of the workers.

d) Clause on liquidation. All settlement receipts must clearly specify, together with the other concepts owed to the worker, the corresponding arrears of the agreement and those derived from the application of the review clauses.

e) Labor relations will be primarily of an indefinite nature. However, when circumstances so require, fixed-term contracts may be entered into, respecting the general principle of stability and guaranteeing in any case the strict causality of the contracting. Therefore, the company will notify the workers' representatives to determine if the specific circumstances justify the use of any of the temporary hiring modalities.

Artigo 38 Salary discount clause

The commitments contained in the agreement will apply to all companies affected by the functional scope.

For companies that have to take advantage of the opt-out clause regulated in this article, the following mechanisms are established in the terms indicated in article 82 of the Workers' Statute:

Article 39 Equality

The Negotiating Commission declares that the collective agreement has been drafted using the neutral gender in order to facilitate its reading and understanding. The signatories declare that any expression that defines an activity or condition, such as manager, worker, employer... is used in the comprehensive sense of people of both sexes, the terms being used in a neutral sense and not as a reference to the male sex.

Additional provisions

First signatory parties

Centro Comercial Ourense Centro, (CCA) Provincial Association of Entrepreneurs of the Textile Trade of Ourense: CIG, CC.OO and UGT.

Second Clause of submission to the AGA

The signatory parties to this agreement agree to submit to the provisions contained in the "Galician Interprofessional Agreement on extrajudicial procedures for the solution of collective labor disputes" (AGA) in the terms in which it is formulated, during its term, to peacefully resolve conflicts that may arise from the application of this agreement.

Third supplementary right

In matters not expressly agreed upon that affect labor relations, the provisions of the applicable regulations at all times will be followed.

Final disposition

The signing parties agree to hold the necessary meetings and contacts to prepare a study of the real situation of the textile trade sector, which may allow the drafting and signing of a general trade agreement in the province of Ourense, if the conditions objective would advise.

Annex I. Salary table 2022

En los establecimientos, por cada cuatro personas dependientes habrá una persona dependiente mayor, designado libremente por la empresa entre los dependientes. Si por el número de ellos correspondiese haber más de una persona dependiente mayor, en el caso de que la fracción resultante fuese de 0,50 o más, se entenderá incrementado en uno el número de dichos dependientes mayores y se despreciará la fracción si fuese menor de 0,50.