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Resolution of March 9, 2021 of the work area and

Summary

  • Writing proposal
  • Current writing
  • Writing proposal
  • Current writing
  • Writing proposal
  • Metal sector Collective agreement of the city of Ceuta
  • TÍTULO II. CONDICIONES LABORALES
  • TÍTULO III. CONDICIONES ECONÓMICAS
  • TITULO IV. CONDICIONES SOCIALES
  • TITULO V. DERECHOS SINDICALES
  • TITULO VI. RÉGIMEN DISCIPLINARIO
  • ANEXO I.Tabla salarial metal ejercicio 2019
  • ANEXO II.Tabla salarial metal ejercicio 2020
  • ANEXO III.
  • ANEXO V.GRUPOS PROFESIONALES
  • ANEXO VI.COMISION PARITARIA
  • Seen the text of the act of the collective agreement of the "Metal Sector of the Autonomous City of Ceuta", which was signed, dated February 5, 2021, on the one hand the representatives of the businessmen, and on the other the representatives ofThe workers, and in accordance with the provisions of article 90, sections 2 and 3 of Royal Legislative Decree 2/2015, of March 24, which approves the consolidated text of the Law of the Statute of Workers and in theart.2 of Royal Decree 713/2010, of May 28, on registration and deposit of collective agreements.

    This government delegation

    Agree

    Primero: Ordenar la inscripción del citado Convenio Colectivo en el correspondiente Registro de Convenios y Acuerdos Colectivos de trabajo con funcionamiento a través de medios electrónicos de este Centro Directivo, con notificación a la Comisión Negociadora, con la advertencia a la misma del obligado cumplimiento de las normas de rango superior en la ejecución de dicho Convenio Colectivo.

    Segundo: Disponer su publicación en el Boletín Oficial de la Ciudad.

    Government delegate, Salvadora del Carmen Mateos Estudillo

    ATTENDEES

    In Ceuta, being 1:00 p.m. on February 5, 2020, the arrival people reviewed in order to proceed with the signing of the Collective Agreement of the Metal of the City of Ceuta, for the period 01/01/2019at 12/31/2022;Once the indications received by the Ceuta work area are remedied;which are detailed in the annex to the act.

    Reading the text of the collective agreement is read, this being approved unanimously of all those present.

    Those present expressly nicknamed D.Antonio J..Ramírez Hurtado in order to proceed with the telematic remission of the text of the Collective Agreement, with broad faculties of correction as long as these do not involve a modification of the agreements reached.

    Annex to the minutes:

    Current writing

    Article 4 Linking to the totality

    The established conditions of this agreement, which have a minimum character, constitute a unique and indivisible whole, so it cannot be due to any of the signatory parties of the same, to pretend application or modification of any of its clauses, regardless of the others, but must be considered in its entirety.

    Writing proposal

    This agreement constitutes an organic whole and the parties are linked to its fully compliance.

    In the event that some or some of the agreed conditions were null, ineffective or not valid, according to the resolution of the labor authority or by judicial judgment, both definitive and firm, the negotiating commission of the agreement must meet to consider whether it can be maintainedof the rest of the articles of the agreement, or if on the contrary the annulment of such or such clauses forces to review the complete content of the agreement.While the deliberations of the Negotiating Commission last, the agreement will remain in force, except in what is affected by the resolution or sentence.

    Current writing

    Article 12 paid licenses

    H) Las trabajadoras por lactancia de un hijo menor de nueve meses, tendrán derecho a una hora de ausencia al trabajo, que podrán dividir en dos fracciones.The duration of the permit will be increased proportionally in cases of multiple delivery.The woman for her will, can replace this right with a reduction of their day in half an hour, with the same purpose.This permit may be enjoyed interchangeably by the mother or father, in case both work.Prior notice not less than fifteen days, who exercises this right, may choose to accumulate the enjoyment of this right of absence by breastfeeding, in 14 calendar days, joining it to the period of maternity leave.Likewise, in cases of foster care of less than nine months, there will also be a right to such reduction in the day.

    Writing proposal

    H) PERMISO PARA EL CUIDADO DEL LACTANTE.

    The workers, in the assumptions of birth, adoption, keeps for adoption or care purposes, will be entitled at an hour of absence to work, which may divide into two fractions.This permit will increase proportionally in cases of childbirth, foster care, adoption and keep multiple.

    This permit that can be enjoyed interchangeably by both parents, may replace this right to a reduction of their day in half an hour, with the same purpose.

    Prior notice, within a period not less than 15 days, this right may be exercised, accumulating the enjoyment of this right of absence for infant care, in 14 calendar days, being able to join the permission for birth of a child, foster care, adoption and guardian.

    Current writing

    ARTICLE 33 leaves

    Everything/a working person with a minimum age of one year, may request voluntary leave.The leave of leave must be resolved within a maximum period of one month from the application date.Leave may not be less than four months or more than five years.

    Between the re -entry and the following request for leave, if applicable, at least one year must take place.The surplus working person must request the re -entry one month before the date of the end of the leave..

    The working person except for the leave of leave.After the leave without the voluntary incorporation of the worker, within a maximum period of two months, the company will freely have the square.

    The working people will be right to a period of leave of duration not exceeding three years to attend to the care of each child, both when it is by nature and by adoption, or in the assumptions of foster care, both permanent and preadopive, although thesewhether provisional, counting from the date of birth, or where appropriate, of the judicial or administrative resolution.

    They will also be entitled to a period of leave of duration not exceeding two years, working people to attend to the care of a relative to the second degree of consanguinity or affinity, which for reasons of age, accident, illness or disability cannot use in casesame, and do not perform a paid activity.If two or more working people from the same company generated this right by the same causative subject, the employer may limit their simultaneous exercise for justified reasons of the company's operation.

    Regarding this provision, the provisions of article 46 of the Statute of Workers on Excess will be followed.

    Writing proposal

    ARTICLE 33 leaves

    Everything/a working person with a minimum age of one year, may request voluntary leave.The leave of leave must be resolved within a maximum period of one month from the application date.Leave may not be less than four months or more than five years.

    Between the re -entry and the following request for leave, if applicable, at least one year must take place.The surplus working person must request the re -entry one month before the date of the end of the leave.

    Workers will be entitled to a period of leave of duration not exceeding three years to attend to the care of each child, both when it is by nature, and by adoption, or in the assumptions of guardian for adoption or foster service purposespermanent and preadopive, counting from the date of birth, or where appropriate, of the judicial or administrative resolution.

    They will also be entitled to a period of leave of duration not exceeding two years, working people to attend to the care of a relative to the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be worth it byself, and do not perform a paid activity.If two or more working people from the same company generated this right by the same causative subject, the employer may limit their simultaneous exercise for justified reasons of the company's operation.

    Regarding this provision, the provisions of article 46 of the Statute of Workers on Excess will be followed.

    Metal sector Collective agreement of the city of Ceuta

    TITLE I GENERAL PROVISIONS

    ARTICLE 1 FUNCTIONAL SCOPE

    This collective agreement requires the companies and working people of the metal sector, both in the process of production and transformation in their various aspects and storage, also including those companies, work centers or workshops in which work of nature is carried outComplementary or related auxiliary.This agreement will also be applied in electricity lines and precision mechanics industry and mechanics.

    It will only be excluded from the scope of this agreement. Companies that currently have been applying any other local agreement to their working people, as well as those companies dedicated to the sale of items in exclusive marketing process.

    ARTICLE 2 PERSONAL SCOPE

    All those working persons who make it on behalf of the company mentioned in the functional and territorial field of this Agreement in any of their functions are included within the personal level of this Agreement.

    They are expressly excluded:

    ARTICLE 3 TEMPORARY AND VALIDITY SCOPE

    Regardless of the date on which it is published in the Official Gazette of Ceuta, this collective agreement will extend its validity for the four -year period, since January 1, 2.019 until December 31, year 2.022, automatically understood extended in its entirety until the signatory parties agree to their renewal, modification or replacement.

    The extension will be automatic from year to year, except, that there would be expressly denounced for any of the parties, at least two months in advance of the date of its completion.The denunciation of the agreement must be made by means.

    ARTICLE 4 Linking to the totality

    This agreement constitutes an organic whole and the parties are linked to its fully compliance.

    In the event that some or some of the agreed conditions were null, ineffective or not valid, according to the resolution of the labor authority or by judicial judgment, both definitive and firm, the negotiating commission of the agreement must meet to consider whether it can be maintainedof the rest of the articles of the agreement, or if on the contrary the annulment of such or such clauses forces to review the complete content of the agreement.While the deliberations of the Negotiating Commission last, the agreement will remain in force, except in what is affected by the resolution or sentence.

    ARTICLE 5 Most beneficial condition

    All the conditions agreed both economic and of any other nature will have the status of minimum.

    ARTICLE 6 Joint Commission

    The Joint Commission is the Body of Interpretation, Adaptation and Surveillance of the conditions agreed in this Agreement.It will be composed of three employer representatives and three other union representatives elected, all of them, among the members of the negotiating commission of this agreement.Each of the parties can also count on the advisors who deem appropriate at all times.

    It will meet whenever it is convened by one of the parties.The call must be made three business days in advance and in writing in which the agenda must be recorded.

    The Joint Commission will have the following functions:

    TITLE II WORKING CONDITIONS

    Resolución de 9 de marzo de 2021 del Área de Trabajo e

    ARTICLE 7 Working Day

    The workday for activities regulated by this collective agreement will be 40 hours per week, which will be developed preferably from Monday to Friday.

    All personnel will have a period of thirty minutes a day of rest, included in their workday, which will be considered as effective working time and will therefore be paid paid.

    The ordinary maximum day will be 8 hours, having to exist at least 12 hours of interval between the end of one day and the beginning of another.

    The companies in the sector, provided that their activity cycle allows it, will ensure that their working people enjoy two consecutive days of rest a week, which will be preferably on Saturdays and Sundays, not being able to be compensated for such days of rest, in a waysome.

    ARTICLE 8 Holidays

    During the validity of this agreement, all working people will enjoy, within each natural year, of an annual vacation of a natural month or pro rata of the time worked, at the rate of the base salary, seniority, surplus of residence and personal accessories, inthe period between February 1 to November 30 of each year.

    The holiday calendar will be governed by the tables that will be carried out by the company and the personnel delegate, in the first quarter of the year so that each worker knows the date of their vacation, at least at leasttwo months in advance.Prior agreement between company and working people, vacations can be divided into two different periods, without any of them, being less than ten days, as well as enjoying them in other periods of the year.

    Workers with family responsibilities will have preference for their own to coincide with school vacations periods.

    Those working people who do not enjoy at least one fortnight on vacation between the months of June to September (both inclusive) will enjoy one more day on vacation.

    ARTICLE 9 CONTRACTS OF DETERMINED DURATION

    At the beginning of the employment relationship, the company will be obliged to deliver to the working person, a copy of the contract and/or a photocopy of the registration in Social Security.

    Workers hired for a certain time will have the same rights and equal treatment in labor relations as other workers in the workforce, except for the limitations that arise from the nature and duration of their contract.

    Eventual contract: those hired to meet the circumstantial demands of the market, accumulation of tasks or orders are possible, even the normal activity of the company, provided that it is in writing.All this, according to the following regulation:

    Article 10 Modifications of work conditions

    In the implementation of measures or productive systems by companies that imply modification of working conditions, the provisions of article 41 of the Workers'.

    Article 11 Lower and lower category works

    Functional mobility for performing functions, both higher and lower, not corresponding to the professional group will only be possible if there are also technical or organizational reasons that justify it and for the essential time for their attention.The company must communicate its decision and its reasons for the representatives of the working people.In the case of entrusting functions higher than those of the professional group for a period of more than six months for one year, or eight for two years, the working person may claim the ascent

    When they perform higher category work, the working person will receive, without the need to request it, the remuneration difference between their category and the function that they perform.

    Likewise, if due to peremptory or unpredictable needs of the company's ordinary activity, it will be necessary to allocate a working person to perform tasks of a lower category, this can only be carried out for a time not exceedother rights of the professional category that holds.

    In this is not provided for in this article, the provisions of article 39 of the Workers' Statute will apply.

    Article 12 paid licenses

    Workers affected by this Agreement will be entitled, prior notice and justification, to the licenses paid in the following cases:

    In this is not provided for in this provision, what will be established in articles 37 and 48 of the Workers' Statute will apply.

    Article 13 Folk and not recoverable parties

    The festive and non -recoverable holidays included in the labor calendar will be compensated by the company, to those personnel who work that day, in any of the following ways:

    In relation to the first paragraph of this article, if any of the weekly rest days coincided with a festable and not recoverable party, such a party will be computed as such, not being considered as a holiday enjoyed and not discounted from the total of them.

    The days of December 24 and 31 are considered non -working.On January 5, the work day will begin at 9.00 am and will end at 2:00 p.m. for all staff.Likewise, during the week of patron saint, the companies in the sector will reduce their day by an hour a day, on the usual time of the company.

    In accordance with Organic Law 7/1980 of July 5, on Religious Freedom, and in accordance with the Cooperation Agreement of the Spanish State with the Islamic Commission of Spain of April 28, 1.992, the festivities and commemorations that are expressed below, which according to Islamic law have a religious character, may replace any of those established nationally or locally, with the same character of paid and not recoverable.Such a replacement request will be at the request of the faithful of the Islamic communities of Spain.The parties are as follows:

    The day of Iud al-Fitr, which celebrates the culmination of the month of fasting of Ramadan.

    The day of Idu al-Adha, which celebrates the sacrifice starring the prophet Abraham.

    Article 14 Work Clothing

    The companies affected by this agreement will provide their fixed and eventual personnel every year, without age or sex distinction, of:

    All the described clothes must be suitable for the weather conditions and appropriate to the tasks and jobs that have been assigned.

    The delivery of the winter wardrobe will coincide with the beginning of the autumn-winter season.

    In the special works that require it, such as those that carry an extraordinary wear of the work garments, such as those carried out in tanks, mount, floating or dirty, the companies will grant the work garments that are necessary, prior toReturn of the used or worn.In no case, replacement for amounts in metallic will be admitted.

    Likewise, and when the circumstances require it for issues of wear and other extraordinary cause, work clothes will be made immediately by the company.

    In any case, the most beneficial conditions of which the workers in this matter will be respectful will be respected.

    Article 15 Occupational Health and Health

    Companies included within this Collective Agreement will be obliged to put the precise means at the scope of their workers so that these can develop their work, in due safety and hygiene conditions.

    It will be mandatory, by working people, the use of all means, tools, machinery, useful and materials that companies make available to the correct provision of services.

    The prevention delegates will monitor and where appropriate, the provision of any service that may be dangerous for the physical integrity of the working person, if it does not do it with the appropriate security means, in the terms established inthe Law on the Prevention of Occupational Risk and Regulations that develop it.

    In how many matters affect Occupational Health and Safety, the previously reviewed regulations will be applied, also recognizing the right of working people, to participate in the scope of the company in issues related to the prevention of risk at work at work at work.

    ARTICLE 16 INPLICATION OF WORKING CONDITIONS

    In order to establish the framework that enables a greater degree of stability with respect to employment in this sector, it is considered necessaryThe suspension, always temporarily, of the effective application of the agreement on certain working conditions.These measures will have as its object the temporary and effective inapplication of the agreement, all within the legal and conventional framework established.

    When economic, technical, organizational or production causes attend, by agreement between the company and the representatives of the working people, in accordance with the provisions of article 87.1 of the Statute of Workers, may proceed, after development of a period of consultations under the terms of article 41.4 of the same legal body, to inapplicate in the company the working conditions provided for in the applicable collective agreement, which affect the following matters:

    It is understood that economic causes concur when the results of the company give off a negative economic situation, in cases such as the existence of current or planned losses, or the persistent decrease in their 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 field of means or production instruments;Organizational causes When changes occur, among others, in the field of personnel work systems and methods or in the way of organizing production, and productive causes when changes occur, among others, in the demand of products or servicesthat the company intends to place in the market.

    In cases of absence of legal representation of working people in the company, they may attribute their representation to a commission designated in accordance with the provisions of the aforementioned article 41.4

    When the consultation period ends with an agreement, it will be presumed that the supporting causes are attended to those alluded to in this article, and can only be challenged before the social jurisdiction due to the existence of fraud, intent, coercion or abuse of law in its conclusion in its conclusion.The agreement must determine exactly the new working conditions applicable in the company and its duration, which may not be extended beyond the moment in which the new agreement in said company is applicable applicable.Likewise, the Agreement must be notified to the Joint Commission of the Collective Agreement.

    In case of disagreement during the consultation period, any of the parties may submit the discrepancy to the commission of the agreement, which will have a maximum period of seven days to pronounce, to count since the discrepancy was raised.When the intervention of the Commission had not been requested, or it would not have reached an agreement, the parties must resort to the National Advisory Commission of Collective Agreements, in accordance with the procedure established in section 2.3.3, of Royal Decree 1362/2012, of September 27, which regulates said commission.

    The result of the procedures referred to in the previous paragraphs that have ended with the inapplication of working conditions, must be communicated to the Labor Authority, to the solos deposit effects.

    In this is not provided for in this article, the provisions of article 82 of the Workers' Statute will be applicable.

    TITLE III ECONOMIC CONDITIONS

    ARTICLE 17 BASE SALARY

    The base salaries corresponding to exercises 2.019, 2.020, 2.021 and 2.022, they are recorded in Annex I, II, III and IV of this Agreement.

    ARTICLE 18 PLUS OF ANTIQUITY

    They will consist of 4% of the base salary.

    ARTICLE 19 PLUS OF RESIDENCE

    Will be established in Annex I of this Agreement.

    ARTICLE 20 PLUS OF LINK TO THE BONIFICATION

    The working people included in the scope of this Agreement will receive 8 %, on their base salary, even in extraordinary payments.

    The payment of this amount is expressly linked to the effectiveness and maintenance of the bonus in the social security fees that justify it, contemplated in section 2 of the thirtieth additional provision of the consolidated text of the General Law of Social Security, regardingof the social security fees bonuses, for certain activities carried out by companies and workers on their own account of the cities of Ceuta and Melilla, published in the BOE of the 05.10.11, and to the agreement signed between the Confederation of Entrepreneurs of Ceuta, General Union of Workers and Workers' Commissions of Ceuta

    The disappearance, reduction or non -application for any cause, of the business bonus, will take the disappearance, reduction or non -application to the working people of the aforementioned remuneration complement.

    ARTICLE 21 Extraordinary payments of July and December

    Two extraordinary bonuses are established that will be effective on July 15 and December 15.Both bonuses will be composed of thirty days of base salary, seniority, residence and bonus linkage.

    ARTICLE 22 EXTRAORDINARY PAYS OF MARCH

    For 2.019 Extraordinary gratification is established, which will be paid on March 15 and will be composed of 25 days of the base salary, seniority, residence and bonus bonus.

    From 2.020, that pay will be 26 days, 28 days for 2.021 and 30 days for 2.022.

    ARTICLE 23 DEFORT PAYMENT

    The payment of arrears will be retroactive from 01.01.19, and can be made effective in the six months later, from its publication in the Official Gazette of the City of Ceuta.

    ARTICLE 24 NIGHT

    Night work is considered between 10 p.m. and 6 am.Compensation for night work will be 30% on the base salary agreement, and will be regulated in accordance with the following standards:

    ARTICLE 25 Plus for tool wear

    To all personnel who, by decision of the company, contribute tools necessary for the work, will be paid 38.85 euros per month for extra -saalary plus to compensate for the expenses originated to the worker.In this regard, in order to access said plus, the working person must provide the following minimum instrument:

    ARTICLE 26 PLUS OF WORK IN HEIGHT

    They will have the right to perceive the high plus, the working people who regularly provide services at heights, for work carried out in columns, turrets, lighting posts, etc..by stairs or lifting baskets, with obvious risk of free fall.The amount to be paid for this concept during 2019, will be carried out according to the following sections:

    ARTICLE 27 EUGPARIOUS HOURS

    The realization of overtime by the working person will be voluntary, except in case of structural or force majeure.When, due to service needs, they are necessary.In the event of realization of overtime on Saturdays, Sundays, holidays or at night (from 22.00 to 6.00 hours) the applicable surcharge will be 125 %.

    ARTICLE 28 PLUS OF AVAILABLE

    They will have the right to receive a plus of availability, those working people who, due to their work, are available to the company, outside their workday (except in the holiday period), in order to be called and provide services in anymoment, with this accepting overtime.During 2.019, this plus is quantified in the amount of 10.50 euros per day, if it is called by day, from Monday to Friday.If the call occurred during the day, on Saturdays, Sundays or holidays, 15.76 euros would be paid daily.

    In the event that working people have already perceived some amount for such availability, it would be detailed from this Plus, but in no case would it be added to it.

    ARTICLE 29 Advances

    The personnel will have the right to receive advances on account for the work done, provided that they are requested once a month and before the 15th, without being able to exceed said advance of 70% of their monthly salary.

    TITLE IV SOCIAL CONDITIONS

    ARTICLE 30 ACCIDENTS

    In the case of transitory work disability derived from work accident sufficiently accredited by Social Security, companies will complete the mandatory benefits up to 100 % of the full salary that the working person had been perceived.

    ARTICLE 31 DEATH OR PERMANENT DISABILITY

    With effect, from the publication of this agreement in the BOCCE, companies will be obliged to scare an insurance policy that covers all personnel the risks produced in case of work accident or occupational disease and then relate, by thefollowing amounts:

    The aforementioned amounts will be received by the worker or their heirs, regardless of what is regulated in the rest of the current legislation, applicable in that regard.

    The amounts referred will be subject to increase from exercise 2.020, at a rate of 1.5 % per year, to exercise 2.022, inclusive.

    ARTICLE 32 CIVIL LIABILITY INSURANCE POLIZA

    Companies will be obliged to subscribe a civil liability insurance policy, which covers the possible damage caused to third parties in the exercise of their functions, by working people who, due to their work, such as handling tools, machinery, vehicles orfor the manipulation of certain elements, which by their work are forced to handle.

    ARTICLE 33 leaves

    Everything/a working person with a minimum age of one year, may request voluntary leave.The leave of leave must be resolved within a maximum period of one month from the application date.Leave may not be less than four months or more than five years.

    Between the re -entry and the following request for leave, if applicable, at least one year must take place.The surplus working person must request the re -entry one month before the date of the end of the leave.

    Workers will be entitled to a period of leave of duration not exceeding three years to attend to the care of each child, both when it is by nature, and by adoption, or in the assumptions of guardian for adoption or foster service purposespermanent and preadopive, counting from the date of birth, or where appropriate, of the judicial or administrative resolution.

    They will also be entitled to a period of leave of duration not exceeding two years, working people to attend to the care of a relative to the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be worth it byself, and do not perform a paid activity.If two or more working people from the same company generated this right by the same causative subject, the employer may limit their simultaneous exercise for justified reasons of the company's operation.

    Regarding this provision, the provisions of article 46 of the Statute of Workers on Excess will be followed.

    ARTICLE 34 SUBROGATION AND ADSCRIPTION OF STAFF

    The special characteristics and circumstances that are produced in certain companies in the sector, which carry out industrial maintenance services, determines that the subrogation of the personnel constitutes an atypical mode of assignment of the latter to the companies, therefore, at the end of the granting of aCONSERVATION AND INDUSTRIAL MAINTENANCE CONSERVATION AND MAINTENANCE, THE WORKING PEOPLE OF THE PROPERTY CONTRACTOR COMPANY, become attached to the new holder of the contract who will be subrogated in all rights and obligations, whatever the legal form adopted by the latter.

    The regulated assignment will also be mandatory for autonomous working people in charge of a conservation and maintenance service, even when prior to this they did not come using the remunerated service of other people.

    This ascription will be governed by the following standards:

  • b. Certificado del Organismo competente de hallarse al corriente de sus obligaciones con la Seguridad Social.
  • c. Fotocopia de las 6 últimas nóminas, así como finiquitos o liquidaciones finales. Estos últimos tendrán el carácter de a cuenta en aquellos supuestos en los que esté pendiente la aplicación de los efectos retroactivos de los conceptos económicos del Convenio Colectivo.
  • d. Fotocopia de los boletines de cotización a la Seguridad Social, correspondiente a los cuatro últimos meses.
  • - El presente artículo será de obligado cumplimiento para las partes a quienes vincula (empresario principal, empresa cesante, nuevo adjudicatario y personas trabajadoras).
  • - No operará en ningún caso la figura de la subrogación, cuando en la empresa saliente las personas trabajadoras fuesen socios-cooperativistas, salvo que el socio-cooperativista opte por la contratación en la nueva empresa, en las condiciones establecidas en el presente Convenio Colectivo, incluidas las económicas y previo acuerdo con la empresa, con relación a las categorías profesional que se precisen.
  • - Asimismo, la trabajadora percibirá con cargo exclusivo a su anterior empresa, los haberes de salarios, partes proporcionales de pagas extras, vacaciones, etc. que le pudiera corresponder hasta la fecha que la empresa cesante dejó de prestar servicios, siendo única responsable de dichos pagos.
  • - La subrogación descrita anteriormente tendrá con relación a las personas trabajadoras las siguientes cláusulas condicionantes:
  • It will be an indispensable condition for the subrogation to occur, which the outgoing company accredits the incoming company, which is up to date in the payment with the working people object of the subrogation, and up to date in its tax and social security obligations.

    ARTICLE 35 Professional promotion

    Workers who attend academic studies, training or personal improvement, will have facilities to be able to do them, being able to choose work shift, adaptation of the daily day or vacation tmo.In any case, it will be an indispensable condition for the worker to prove that these studies regularly do.

    Likewise, working people with at least one year old in the company will be entitled to a paid permission of twenty hours of professional training for employment, linked to the activity of the company, cumulatable for a period of up to five years.The law will be understood in any case when the working people can carry out the training actions aimed at obtaining the professional training for employment within the framework of a training plan developed by business initiative or committed by collective bargaining.Notwithstanding the foregoing, the formation that the company in charge of the provisions of other laws must be understood in other laws should not be understood in the right to be required.The concretion of the way of enjoyment of the permit will be set as a mutual agreement between the working person and company.

    ARTICLE 36 TEST PERIOD

    The working person who is hired by the company, new, will have a 2 -month proof period, for the working people of Group I, and one month for the rest of the working people.The trial period will not be necessary when the working person has performed the same functions previously in the company, under any contracting modality.

    ARTICLE 37 Stability in working conditions

    At the beginning of the employment relationship, companies will be obliged to capture in a employment contract all working and economic conditions that will affect the working person, delivering a copy to the same.

    Workers have the right to maintain the initial working conditions that cannot be modified unilaterally by the company.Any modification of them will have to be carried out by the procedure expressed in this collective agreement.

    ARTICLE 38 PROFESSIONAL CLASSIFICATION

    The personnel who provide their services within the functional scope of this collective agreement will be classified in attention to the function that develops in professional groups, not being the companies forced to have all categories covered while the needs of the service do not require it.

    ARTICLE 39 INCOME -SCENSES -PROoMOCION INTERNAL

    The company prior to the entry of the working person will complete the regulations established in the Statute of Workers and Standards that develop it, regarding income in staff.The person in admitted must, from day one and prior to the beginning of the provision of their services, be registered and registered in Social Security.

    For internal promotion purposes, the categories established in the Professional Group I will be set for free designation of companies.

    Workers of the IV level who have been at least 3 years at that level may request their promotion to level III.LEVEL III WORKING PEOPLE THAT ARE AT LEAST 5 YEARS IN THE SAM.

    The company will have a period of fifteen days to answer, accepting or denying the requested ascent, motivating in the latter case, the causes that lead it to denied the same.The economic effects of the promotion will be accrued in any case, from the date on which the company answers the requested promotion affirmatively.

    ARTICLE 40 EFFECTIVE EQUALITY

    The achievement of real and effective equality in our society requires not only the commitment of public subjects, but also of their promotion decided in the orbit of relations between individuals.Consequently, the signatory parties to the collective agreement agree to pay special attention to Organic Law 3/2007, of March 22, for the effective equality of women and men, published in the BOE of March 23, 2.007.In accordance with the law, the following matters will be preferred care:

    TITLE V Trade union rights

    ARTICLE 41 OF PERSONNEL

    The personnel delegates are the members who represent the whole of the working people of the company, who have chosen for the defense of their interests.According to current legislation, they may become a company committees, with the necessary requirements for this, and with the representation body function.

    ARTICLE 42 RIGHTS OF THE REPRESENTATIVES OF THE WORKING PEOPLE

    The personnel delegates will have the rights and competences provided for in article 68 of the Workers' Statute.They may intervene before the management of the company in order to ensure compliance with the regulations in force in labor, safety and hygiene and social security material, as well as in respect to the pacts and uses of companies that are in force, exercising in theircase as many actions are relevant to the competent agencies and courts.

    ARTICLE 43 INFORMATION TO THE PERSONNEL AND TRADE UNION HOURS

    In these matters, the provisions of the Workers' Statute will be followed.

    ARTICLE 44 Assemblies and meetings in the workplace

    Workers can celebrate assemblies and meetings outside the work hours at the work center, notifying 48 hours in advance.

    The Assembly will be chaired by the Company Committee or by the delegates of personnel jointly, which will be responsible for the normal development of the same, as well as the presence of people not belonging to the company.

    ARTICLE 45 UNION GUARANTEES

    The company will respect the right of all working people to union freely.They may not subject the employment of a working person to the condition that they affiliate or give up their union affiliation and neither to dismiss or harm otherwise because of the union affiliation of the working person.

    The company will admit that the affiliates to a union can hold meetings, raise fees and distribute union information outside of work hours.

    ARTICLE 46 Collection of union fee

    At the requirement of working people affiliated with trade union centers, the company will discount from its monthly payroll the amount of the corresponding union quota.The interested working person will send to the company's management a letter in which it will be clear:

    The discount order The union center to which the amount of the share number of current account or savings note that must be transferred belongs.

    TITLE VI DISCIPLINARY REGIME

    ARTICLE 47 Planning Principles

    These rules of disciplinary regime pursue the maintenance of labor discipline, a fundamental aspect for normal coexistence, management, technique and organization of the company, as well as for the guarantee and defense of the legitimate rights and interests of working people and the company.

    The faults, provided that they are constitutive of a guilty contractual breach of the working person, may be sanctioned by the company, in accordance with the graduation established in this title.

    Any lack committed by working people, can be classified as slight, serious or very serious.

    The fault, whatever its classification, will require written and motivated communication of the company to the working person.

    The imposition of sanctions for very serious offenses will be notified to the legal representatives of the working people.

    ARTICLE 48 FAULT GRADUATION

    They will be considered as minor offenses:

    They will be considered as serious offenses:

    They will be considered as very serious offenses:

    ARTICLE 49 SANCTIONS

    The maximum sanctions that may be imposed by the commission of the offenses listed in the previous article are the following:

    The unfavorable annotations that as consequences of the sanctions imposed could be recorded in the personal files will be canceled when the deadlines of two, four, or eight months are fulfilled, depending on whether mild, serious or very serious offense.

    Article 50 Prescription of fouls

    The minor offenses will prescribe after ten days, the serious ones at twenty days, and the very serious ones, at sixty days, from the date on which the company was aware of its commission and, in any case, at six monthsof having committed.

    ARTICLE 51 SANCOMER PROCEDURE

    The notification of the faults will require written communication to the working person, to record the date and the facts that motivate it, who must accuse receipt or sign the entry of the communication.

    The sanctions that may always be imposed on the work order, are always understood without prejudice to the possible actions in other orders or instances.

    In the case of imposition of sanctions, the provisions of article 64 will be complied with.1.7 of the consolidated text of the Law of the Workers' Statute and in 10.3.3.of the Organic Law of Freedom of Association.

    ANNEX METAL SALARIAL TABLE 2019

    Grupo profesionalSalario basePlus de residenciaTotal
    Grupo I905,58226,401.131,98
    Grupo II855,28213,821.069,10
    Grupo III845,21211,301.056,51
    Grupo IV835,15208,791.043,94
    Grupo V729,09182,27911,36
    Plus por desgaste de herramientas:38,85
    Plus altura hasta 4 metros:16,65
    De 4 a 8 metros:33,31
    Superior a 8 metros:89,02
    Plus disponibilidad de lunes a viernes/día:10,50
    Plus disponibilidad Sab., Dom. y Festivos/día15,76

    ANNEX II METAL SALARIAL TABLE 2020

    Grupo profesionalSalario basePlus de residenciaTotal
    Grupo I919,17229,791.148,96
    Grupo II868,11217,031.085,13
    Grupo III857,88214,471.072,35
    Grupo IV847,68211,921.059,60
    Grupo V740,03185,01925,03
    Plus por desgaste de herramientas:39,43
    Plus altura hasta 4 metros:16,90
    De 4 a 8 metros:33,81
    Superior a 8 metros:90,36
    Plus disponibilidad de lunes a viernes/día:10,66
    Plus disponibilidad Sab., Dom. y Festivos/día16,00

    ANNEXIII

    Metal salary table exercise 2021

    Grupo profesionalSalario basePlus de residenciaTotal
    Grupo I932,95233,241.166,19
    Grupo II881,13220,281.101,41
    Grupo III870,75217,691.088,44
    Grupo IV860,40215,101.075,50
    Grupo V751,13187,78938,91
    Plus por desgaste de herramientas:40,02
    Plus altura hasta 4 metros:17,15
    De 4 a 8 metros:34,32
    Superior a 8 metros:91,72
    Plus disponibilidad de lunes a viernes/día:10,82
    Plus disponibilidad Sab., Dom. y Festivos/día16,24

    Metal salary table exercise 2022

    Grupo profesionalSalario basePlus de residenciaTotal
    Grupo I946,95236,741.183,68
    Grupo II894,34223,591.117,93
    Grupo III883,81220,951.104,77
    Grupo IV873,30218,331.091,63
    Grupo V762,39190,60952,99
    Plus por desgaste de herramientas:40,62
    Plus altura hasta 4 metros:17,41
    De 4 a 8 metros:34,83
    Superior a 8 metros:93,10
    Plus disponibilidad de lunes a viernes/día:10,98
    Plus disponibilidad Sab., Dom. y Festivos/día16,48

    Professional Annexovgrupos

    Group I.

    University degree (higher or middle grade).Experts.

    Workshop head (with qualified and accredited training).Administrative boss.

    Group I.I

    Officer of 1st Administrative Officer Forez.

    Engineer or Architect Assistant.

    Group I.II

    2nd administrative assistant officer.

    Specialist.

    Driver.

    Group I.V

    Assistant.Waiter.Debt collector.Cleaner

    Group v

    Training workers.

    Workers under 18 years.

    Joint Annexovicomision

    By the Confederation of Entrepreneurs

    Don Miguel Ángel López Sánchez

    DonAntonio J..Ramírez Hurtado

    Don Pedro a.Contreras López (as an advisor)

    By the social part

    D.Liasin Ahmed Zaglul (by UGT)

    Ms..Isabel María Mata Campoy (by UGT)

    D.Ángel Usseletti Atance (by CC.Oo.)

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