Resolution of 27 of Maig of 2021, of the territorial serveis of the

Summary

See the text of the Conveni col·lectiu de treball del textile trade sector, of the province of Tarragona, subscribed by the Consell de Gremis Comerç, Turisme i Serveis de la Província de Tarragona, and by the workers pels unions of CCOO and UGT, on November 25, 2020 and 30 March 2021, and presented by the mateixes parts on February 17, 2021 and May 13, 2021, and in accordance with the one established by article 90.2 and 3 of Royal Legislative Decree 2/2015, of 23 December October, for which the Text refós de la Llei de l'statut dels treballadors is approved; Article 2.1.a) of Royal Decree 713/2010, of May 28, on registration and deposit of agreements and agreements col·lectius de treball; Article 170.1 e) and j) of the Organic Law 6/2006, of July 19, reforming the Statute of Autonomy of Catalonia, Resolution TRE/1398/2002, of April 30, delegating powers in matters of labor relations at the Territorial Services in Tarragona, and Decree 289/2016, of August 30, on the restructuring of the Department of Labor, Afers Socials and Families, modified by Decree 234/2019, of November 12.

RESOLC:

1. Arrange for the registration of the Worker Agreement Agreement of the textile trade sector, of the province of Tarragona, for the year 2018 - 2021 in the corresponding Register of Worker Agreements and Worker Agreements with Operations through electronic mitjans dels Serveis Territorials del Departament de Traball, Afers Socials i Famílies.

2. Arrange for publication in the Official Gazette of the Province of Tarragona.

Notify this Resolution to the Negotiating Commission of the Collective Agreement.

Collective labor agreement for the textile trade in the province of Tarragona for the years 2018-2021.

Article 1 Determination of the parties

The signatory parties to this Agreement are, on the one hand, the Consell de Gremis-Comerç, Turisme i Serveis and on the other, the Federation of Services of CCOO Catalunya, and the Federation of Services, Mobility and Consum of the UGT of Catalonia ( FeSMC-UGT), mutually recognizing legitimacy to negotiate this Agreement.

Article 2 Territorial scope

This Agreement is applicable to all work centers located in the province of Tarragona.

Article 3 Functional scope

This Agreement obliges all companies dedicated to the Textile Trade in the province of Tarragona.

Article 4 Personal sphere

The agreed conditions affect all workers who provide services in the companies included in it, with the exception of the personnel included in the exceptions established for this purpose in the Workers' Statute.

Article 5 Validity and duration

The Agreement will enter into force, in general, on January 1, 2018, regardless of its publication in the Official Gazette of the Province of Tarragona. Its duration will be four (4) years, ending on December 31, 2021.

Article 6 Extension

This Agreement will be extended from year to year by tacit renewal, if it is not denounced during the last thirty days after the end of its initial validity or any of its extensions, by one of the parties, and by written communication to The other part.

Article 7 Termination and Review

The complaint proposing the termination or revision of the agreement must be submitted to the Department of Labour, Afers Socials i Famílies through the trade unions or business associations, one month in advance of the termination date of its validity or any of its extensions

Article 8 Salaries

8. 1. The salaries in force as of December 31, 2017 will remain unchanged for the years 2018 and 2019, resulting as salary tables those set out in Annex I of this agreement. In any case, the salaries that, in annual and full-time calculation, any worker in the sector receives may not be lower in each of the years than the Minimum Interprofessional Salary that would have been established for each of the years 2018 and 2019.

8. 2. Salary increase 2020. With the effective date of January 1, 2020, the current salaries will be updated in the amount of 3.9%, resulting in the salary tables set forth in Annex II of this agreement.

8.3. Salary increase 2021. With an effective date of January 1, 2021, the current salaries will be updated in the amount of 1.1%, resulting in the salary tables set out in Annex III of this agreement. In any case, the salaries that, in annual and full-time calculation, any worker in the sector receives may not be lower in 2021 than the Minimum Interprofessional Salary that is legally established for said exercise.

It is expressly agreed that, during the years of validity of the Collective Agreement, there will be, in no case, any salary revision.

Article 9 Updating of salaries and term of payment of agreement arrears

Once the collective agreement has been published in the Official Gazette of the province of Tarragona, the companies affected by it must proceed to update the existing salaries with the increases established herein within a maximum period of one month following its publication.

Salary arrears resulting from the definitive application of the salary table for the year 2020 (Annex I) and the salary table for the year 2021 (Annex II) will be paid, at most, during the course of one hundred and twenty days following the its publication in the Official Gazette of the Province.

Article 10

The agreed conditions form an indivisible whole and for the purposes of their practical application they will be considered globally.

Article 11 Compensation and absorption

The remuneration established in this agreement will compensate and absorb any other existing at the time of its entry into force.

Increases in remuneration that may occur in the future may only affect this Agreement when, considered globally, they exceed those currently agreed. Otherwise they will be absorbed or compensated by them.

Notwithstanding the foregoing, personal or job supplements will not be compensable or absorbable, unless otherwise agreed in writing. Personal or job allowances existing prior to the publication of this Agreement will continue to be compensable and absorbable.

The amounts received by way of commission for sales made, incentives for tasks carried out or any other type of incentive and/or commission, may not be subject to absorption and compensation for the increases agreed in this agreement.

Article 12

Personal situations that considered as a whole are more beneficial than those of this agreement will be respected, remaining in a personal capacity.

Article 13 Link to the totality

The Agreement constitutes an organic and indivisible whole, therefore both parties are bound to its full application.

Article 14 Joint Committee

In compliance with the provisions of article 85 of the consolidated text of the Workers' Statute approved by Royal Legislative Decree 2/2015, of October 23, it is established for the validity and compliance of issues arising from the application of the agreement collective, a Parity Commission that will be formed by 2 representatives of the employer and 2 representatives of the social part.

The Joint Commission must be notified of the requests made by companies to benefit from the non-application clause of the conditions provided in this agreement.

The action procedure of this Joint Commission will consist in that the discrepancies or as well as other functions regulated later, that may arise regarding what was agreed in this agreement, are communicated in writing to the Joint Commission, which after receiving the letter, will meet and resolve within a period of 7 days from the receipt of the letter.

The advisors designated by the parties may attend the meetings with voice but without vote, with a maximum of two per representation.

The following addresses are established for communications by the Joint Commission: Employer: Consell de Gremis. Via Laietana, 32-7. 08003 Barcelona.

FeSMC-UGT: Carrer Ixart, n^o. 11, 3rd floor 43003 Tarragona.

Sereveis CCOO: Carrer August n^o. 48, 2nd floor 43003 Tarragona.

The functions entrusted to the Joint Commission are:

In order to resolve any discrepancies that may arise within the aforementioned Commission, the parties expressly submit to the conciliation and mediation procedures of the Labor Court of Catalonia.

Article 15 Working hours

The workers affected by this Agreement will have a working day of 40 hours per week of effective work, with annual calculation equivalent to a maximum working day of 1790 hours per year of effective work for the entire term of the agreement.

Whenever the duration of the continuous daily shift exceeds five hours, a 20-minute break will be available, which will be considered effective working time for all purposes.

The weekly half day of rest established in article 37 of the Workers' Statute, it will be possible to separate it, where there is no agreement, from the full day of rest, being able to freely agree to its realization indistinctly during a morning or afternoon.

The half day of rest corresponding to the carnival week will necessarily take place on Saturday afternoon.

Sundays and public holidays that are authorized annually for the opening of commercial establishments by authorization from the competent body of the Generalitat de Catalunya, will be considered working days for all purposes.

The personnel who provide their services on Sundays and/or holidays indicated above, in addition to the normal salary, will receive an incentive of 50% of the hourly price for the hours worked.

The hourly price will be calculated on the actual salary received, excluding sales incentives.

The company will prepare the work calendar annually. Before its dissemination, they will request a prior report on it from the legal representation of the workers, who must issue it within a maximum period of 15 days. The work calendar will be displayed in a visible place in each work center before March 31 of each year.

Registration of Day

In accordance with the provisions of art. 34.9 of the Workers' Statute, companies will guarantee the daily record of the working day, which must include the specific start and end times of the working day for each worker, without prejudice to the flexible hours established in this article.

Companies will keep the records referred to in this precept for four years and will remain available to workers, their legal representatives and the labor and social security inspection.

The system used at no time will violate the right of workers and workers, to their privacy, to the protection of personal data and the digital rights recognized in current regulations.

Article 16 Overtime

Companies agree not to work overtime. However, if motivated by the work of authorized holidays, sales periods, commercial promotions or situations of temporary disability and/or personal permits, an annual workday greater than that established in the previous article is carried out, the hours that exceed said Figures will be considered as overtime, and these must be compensated by means of paid leave of one hour for each extra hour worked.

Said paid leave must be taken within three months of the verification of overtime and at most within the first quarter of the following year.

Companies may substitute said paid leaves for the payment of overtime performed with a 50% increase over the price of the normal hour, calculated on the actual salary received excluding sales incentives.

Article 17 Eventual contracts

The contracts made under article 15.1.b) of the Workers' Statute will have a maximum duration of twelve months within a period of eighteen months. In the event that they are concluded for a period of less than twelve months, they may be extended by agreement of the parties, without the total duration of the contract exceeding the maximum limit in any case.

At the end of the eventual contract, unless it proceeds to its indefinite contract, the worker will have the right to receive compensation of an amount equivalent to the proportional part of the amount that would result from paying twelve (12) days of salary for each year of service, or the one established, where appropriate, in the specific regulations that are applicable.

Article 18 Hiring workers with functional diversity

The provisions of Royal Legislative Decree 1/2013, of November 29, and its regulations, including Royal Decree 364/2005, of April 8 and Decree 86/2015, of June 2, will be followed. on the application of the reserve quota of 2% in favor of people with disabilities in companies with 50 or more workers and alternative measures of an exceptional nature to its compliance.

For the application of article 42 of the General Law on Disability, Royal Legislative Decree 1/2013, of November 29, in companies, the negotiating parties of this agreement recommend that access to ordinary occupation as a means for compliance with the reserve quota of 2% of the workforce must be the general rule, and the application of alternative measures must be exceptional.

Article 19 Trial period

The entry of workers will be considered as proof according to the following professional categories:

Situations of temporary disability, birth, adoption, guardianship for adoption purposes, foster care, risk during pregnancy, risk during lactation and gender violence, which affect the worker during the test period, interrupt the calculation of the same as long as there is an agreement between both parties.

Article 20 Award for seniority

The personnel included in this agreement will receive periodic increases for years of service, consisting of the payment of four-year periods in the amount that appears in the attached table, and according to the category in which each one is classified, with a limit of eight four-year periods. . The initial date for the calculation will be the date of entry into the company, but including only half of the learning time, both for workers who already have recognized seniority and for those who may be entitled to it in the future.

The workers who, at the signing of this Agreement, are receiving eight four-year periods or more, will not generate any other four-year periods. However, the amounts that they were receiving for this concept will increase annually as established in article 8 of this Agreement.

Article 21 Plus night

Night work will be considered work done between ten at night and six in the morning.

The hours worked in the indicated period will be paid with a surcharge of 25% on the base salary, unless the contract has been made for the work to be night by its very nature.

For everything that is not expressly regulated in this article, the provisions of article 36 of the ET and the legislation in force at all times will apply.

Article 22 Extraordinary bonuses

They will be paid in the amounts of a monthly payment for Christmas and another for the month of June, computed the base salary plus seniority.

In both cases, they will be paid on the 15th of the month to which they correspond, unless it is a holiday, in which case they will be paid on the immediately preceding business day.

Article 23 Gratuities based on sales or benefits

The amount of the bonus will be one month's base salary plus seniority. This gratuity will be paid to all workers included in this Agreement, whether they work for salary and commission or for a fixed salary. It will be paid on March 22, without prejudice to the fact that companies can make the payment in shorter periods of time or by pro rata.

Article 24 Plus window dresser

Personnel who, not being classified as window dressers, carry out the normal function of window dressing, will be entitled to a bonus of fifteen percent on the base salary, but with the power of the company to make them perform said work when it is required. deem appropriate. This plus is functional and therefore will cease to be received when the work is no longer carried out. It will not compute for the purposes of extra payments.

Article 25 Holidays

The duration of the vacation period will be 23 working days for personnel who work 5 (five) days a week and 27 working days for personnel who provide services 6 (six) days a week, counting the six working days as vacation days, even if one of them is worked part-time.

The companies will have the power to divide them, in which case the duration of the same will be 12 or 14 working days (depending on whether they work 5 or 6 days a week respectively) in the period between June 1 and September 30 and the rest of the working days during the rest of the year.

The remuneration corresponding to vacations will be made up of base salary and seniority and will be made effective before the start of the vacation.

When the vacation period set in the company's calendar coincides with a temporary disability resulting from pregnancy, childbirth or lactation or with the period of suspension of the employment contract provided for in sections 4, 5 and 7 of article 48 of the Workers' Statute, the worker may enjoy vacations on a date other than the one set, even in the following year.

In the event that the vacation period coincides with a disability due to contingencies other than those mentioned in the previous point, the worker may enjoy the vacation in another period once their disability has ended, as long as they have not more than 18 months have elapsed since the end of the year in which they originated.

Workers in a situation of contract suspension due to birth may combine vacations with said period of contractual suspension or with the successive period of accumulation of breastfeeding, in case of making use of this right.

Article 26 Licenses

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

In this case, the worker must give at least 48 hours notice and the company will grant the permit if its needs allow it; otherwise, they will indicate by mutual agreement the day or days of leave, within a maximum period of fifteen days.

De facto couples will have the same treatment for licensing purposes as legal couples. The provisions of articles 234-1 and 234-2 of the first section, chapter IV, of Law 25/2010 shall be understood as "domestic partnership". From July 29, from the second book of the Civil Code of Catalonia, relating to people and the family, establishing three assumptions:

Workers who have become their domestic partner in accordance with other civil legislation that corresponds to them due to their civil neighborhood, must notify the company in order to enjoy the rights established herein to said situation.

Article 27

Apprentices will have the right to half a day off to study during exam time or to attend them, with a maximum of ten days a year. For said license, the apprentice must officially justify the exams to the need to dedicate time to study to attend them.

Article 28 Complementary benefit for illness or accident

Personnel in a situation of temporary disability due to illness or accident will receive one hundred percent of their real salary for a period of one year and this from the initial day of leave.

Article 29 Linkage award

Depending on the years they have been in the company, an award will be received for their relationship with it, the amount and accrual of which will be as follows:

At fifteen years of age, one pay (base salary plus seniority).

At twenty years of age, one pay (base salary plus seniority).

At twenty-five years of age, one pay (base salary plus seniority).

Upon reaching the age of sixty, with fifteen or more years of seniority in the company, three payments (base salary plus seniority).

In the event that, in the same company, and in the same calendar year, more than one worker is a recipient of these awards, the company may divide their payment in the manner it deems convenient within the following calendar year.

Article 30

Companies will arrange insurance for cases of death or permanent and absolute disability, derived from an accident, whether or not at work, for the amount of 20,000 euros. Companies will have 30 days from the date of publication in the Official Gazette of the province of Tarragona, to update or subscribe said insurance.

Article 31

1.- When a worker cannot perform the basic tasks of her job because she is pregnant and for this reason requests a change of job, the company will be obliged to meet your request adapting the provision of service to other tasks that are not contraindicated with your situation and with respect for the economic conditions, reincorporating to your job in the same conditions that you had once the legal period that caused said situation ended.

For such purposes, the accreditation of the pregnant woman's status will be justified through the corresponding social security medical reports that certify the advisability of her change of location according to her status.

2.- Anyone who, for reasons of legal guardianship, has a child under the age of twelve or a person with a physical, mental or sensory disability, who does not perform a paid activity, under their direct care, shall have the right to a reduction in the working day, with the proportional decrease in wages between at least one eighth and a maximum of half of the duration of the shift.

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

The reduction in working hours contemplated in this section 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 causative subject, the employer may limit its simultaneous exercise for justified reasons of operation of the company.

The hourly specification and the determination of the period of enjoyment of the reduction in working hours, will correspond to the worker in the terms provided by law.

The worker must notify the employer fifteen days in advance of the date on which he will return to his regular working day.

Article 32 Breastfeeding

In the cases of birth, adoption, guardianship for the purpose of adoption or foster care, in accordance with article 45.1.d), workers will have the right to one hour of absence from work, which may be divided into two fractions, to infant care until the age of twelve months.

The duration of the permit will increase proportionally in cases of birth, adoption, guardianship for the purpose of adoption or multiple foster care.

Whoever exercises this right, at their will, may substitute it for a reduction in their working day by half an hour for the same purpose or accumulate it in complete full working days following the suspension of the contract due to birth.

In the event that the worker opts for the accumulation, this will be 14 consecutive business days. The worker who opts for the 14 working days of paid leave must notify the company thirty days before the end of the leave period due to the birth of a child.

The reduction in working hours contemplated in this section constitutes an individual right of the working people without their exercise being able to be transferred to the other parent, adopter, guardian or foster parent. 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.

Article 33 Plus of transport

With the nature of compensation or supplement, a transport bonus is set for all jobs, in the amounts established in Annexes I and II, which will be paid per day worked regardless of the worker's working day, either part time or full time.

This bonus compensates for travel and distance expenses to which any worker may be entitled.

Article 34 Work clothes

The companies will pay the personnel affected by this Agreement the annual amounts established in Annexes I and II for work clothes, which may be prorated monthly. Companies may replace the obligation of said payment, by delivering the corresponding work clothes for summer and winter.

Article 35 Special Leave of Absence

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For child care. Workers will have the right to leave of absence for a maximum period of three years, for care of a child, both when it is by nature, as by adoption or in cases of foster care, counting from the date of birth of the same or, in its case, from the judicial or administrative resolution. When two or more workers of the same company generate this right by the same causative subject, the employer may limit its simultaneous exercise for justified reasons of operation of the company.

The birth or adoption of new children will give the right to future and successive leaves of absence either once the previous one ends or after the first one, if the worker decides so.

For union representation. The workers who are elected to positions of union representation, at the regional or higher level, of the most representative unions, will have the right to a compulsory leave of absence, notifying and accrediting it to the companies by their management bodies. In this case, the duration of the leave will be for the period of time in which the corresponding mandate or position lasts.

Article 36 Leave without compensation

Workers will be entitled to take unpaid leave for a maximum of one month a year, split into two periods of fifteen calendar days, for the following reasons:

To grant this unpaid leave, it will be necessary to document the reasons for the leave to the company, prior to your request.

Article 37 Partial retirement and relief contract

Taking into account the characteristics of the sector and the staff renewal processes that occur in companies, the use of relief contracts may be of interest.

The relief contract made with a worker is associated with the partial retirement of another company worker and is therefore a flexible contract modality, which combines a series of advantages, both for companies and for the affected workers.

It allows companies to carry out staff renewal processes through the partial substitution of workers close to retirement age, by other workers, either temporary or already hired by the company, or newly unemployed .

At the same time, it allows workers close to retirement age to partially access it and, at the same time, encourages the employment of new workers.

A relieved worker is understood to be one who agrees with his company a reduction in his working day and salary between a minimum of 25% and a maximum of 50%, or 75% for cases in which the relief worker is hired full-time through an indefinite duration contract provided that the worker meets the requirements established in Article 215.1 of the General Social Security Law.

The relieved worker will have a part-time contract for the new agreed working day, which may be at least 25% and which may be concentrated in a specific time period each year or may accumulate every day of the year in a single period. This contract, and the remuneration of it, will be compatible with the social security pension that is recognized to the worker / a by way of partial retirement, extinguishing the employment relationship when full retirement occurs.

In order to carry out this contract with said workers, who have not yet reached retirement age, the company must simultaneously enter into a relief contract with an unemployed worker or who had a fixed-term contract in the same company (relief worker).

Except in the case provided for in the second paragraph of section 6 of Art 12 of the ET, the company may give this relief worker an indefinite contract or, at least, equal to the time that the substituted worker lacks to reach the age established in section 1 of article 215 of the General Social Security Law.

In the event that the contract is terminated before reaching the indicated minimum duration, the employer will be obliged to enter into a new contract under the same terms as the one terminated, for the remaining time.

Regarding the working day, and except for the provisions of the second paragraph of section 6 of article 12 of the Workers' Statute, the relief contract may be full-time or part-time. In any case, the duration of the shift will be at least equal to the reduction of the shift agreed with the substituted or relieved worker. The work schedule of the relieved worker may complete that of the substituted worker or be simultaneous.

The job position of the relief worker may be the same as the substituted worker, in any case there must be a correspondence between the contribution bases of both, in the terms provided in Article 215.2 e) of the General Security Law social.

Article 38 Specific measures to prevent sexual and moral harassment and action protocol in the field of companies

Sexual harassment shall be any conduct, verbal or physical, of a sexual nature that has the purpose or has the effect of violating the dignity of a person, particularly when an intimidating, degrading or offensive environment is created. Any behavior carried out based on the sex of a person, with the purpose or effect of violating their dignity and creating an intimidating, degrading or offensive environment, will constitute harassment based on sex.

Moral harassment will be understood as any conduct, practice or behavior, carried out systematically and prolonged over time within an employment relationship, which directly or indirectly impairs or violates the dignity of the worker, to which an attempt is made to submit emotionally and psychologically in a violent or hostile way and that seeks to annul their capacity, professional promotion or their permanence in the job, negatively affecting the work environment. Such behaviors will be especially serious when they are motivated by the worker's racial or ethnic origin, religion or convictions, disability, age or sexual orientation. Companies must promote working conditions that prevent sexual harassment and harassment based on sex, as well as moral harassment and arbitrate specific procedures for prevention and to channel complaints or claims that may be made by those who have been subjected to it.

To this end, measures may be established that must be negotiated with the workers' representatives, such as the preparation and dissemination of codes of good practice, information campaigns or training actions.

The workers' representatives will contribute to preventing sexual and moral harassment and harassment for reasons of sex at work by raising the awareness of workers and workers regarding it, and by informing the management of the company with the behaviors or behaviors of which they were aware and that could promote it Action Protocol The Instructing Commission for the Treatment of Harassment Situations – CITSA – will be created at the company level, as the body in charge of processing the process contemplated in this procedure.

This Commission will be made up of a doctor assigned to the prevention service, a representative of the central prevention service, if any, and a union representative and a staff representative, all of whom are outside, if possible, the work center in question. which the situation under analysis has occurred.

A solution procedure is structured by pronouncement for those workers who consider they are being harassed.

1. The procedure will begin by means of a request for intervention from the alleged victim of harassment that will be presented, at her choice, to the Instructive Commission for the Treatment of Harassment Situations – CITSA – or to the doctor attached to the prevention service . If the worker or worker so wishes, they may also contact the workers' representatives, who may assist them in processing the request for intervention.

The request for intervention shall be submitted in writing, or by certified mail, to the address of the Commission for the Treatment of Harassment Situations or by any other means that may be established by the Commission, such as email, arranged interview, telephone , etc., in which the intervention of the Commission is urged. Subsequently, it will request the account of the different acts and incidents, identification of the person(s) who adopt the undesired behaviors and possible witnesses of said behaviors and acts.

2. In any case, the workers may be assisted, in their interventions before the Investigative Commission, by a representative of the workers of their choice or legal representative that they consider.

3. Once the request for intervention in the matter of harassment has been officially notified, the Investigation Commission will begin the investigative phase or the opening of the information file, aimed at the investigation and verification of the denounced facts, giving audience to all the interveners, witnesses and any other persons the Commission deems should appear, including the legal representatives of the center's workers, carrying out as many steps as are necessary to clarify and verify the facts denounced.

This process will be carried out under the principles of confidentiality, speed, contradiction and equality. During the processing of the alleged acts, to the extent permitted by the work organization and as a precautionary measure, the change of job position will be facilitated for the complainant or denounced person.

4. The Commission has a maximum period of thirty days to give a reasoned decision on the request for intervention. This period will begin from the moment the Commission becomes officially aware of the request.

The instructive or informative phase will end with the pronouncement of the Commission through the preparation of a report that will be made known, first of all, to the applicant.

5. When the report confirms the existence of harassment, said report will be forwarded to the person in charge of the personnel department in order for him to adopt the appropriate corrective measures, applying the corresponding legal sanctions.

6. When the report does not state situations of harassment, or verification of the facts is not possible, the file will be filed, ending the process. The feasibility of changing jobs and/or workplaces under the same working conditions will be studied, if the affected worker requests it.

7. The company will ensure that workers who believe they have been harassed, those who file a complaint regarding harassment or those who provide assistance in any process, for example, by providing information or intervening as a witness, do not will be subjected to intimidation, persecution or reprisals. Any action in this sense will be considered as a subject subject to disciplinary sanction.

8. The company will inform the representatives of the center's workers of all cases of sexual or moral harassment that occur and that end with the imposition of a serious or very serious disciplinary sanction. action in companies prior to the publication of this agreement, this must be adapted to the action protocol described in this article. For this purpose, within a period of 3 months from the publication of the agreement, the company and RLT must meet to proceed in this regard.

Article 39 Protection of workers victims of gender violence

For the purposes of this Agreement, “gender violence” is understood to be violence expressly declared as such by the application of Organic Law 1/2004, as defined in its first article, understanding as such violence that, as a manifestation of discrimination, the situation of inequality and the power relations of men over women, it is exercised over women by those who are or have been their spouses or by those who are or have been linked to them by similar relationships of affectivity, even without coexistence.

Those workers belonging to the company's staff and who are officially declared as victims of the so-called gender violence, will apply all the benefits provided for in Organic Law 1/2004, of December 28, of comprehensive protection measures against gender violence. Among them it is worth highlighting:

Absences or lack of punctuality to work caused by the physical or psychological situation derived from gender violence will be considered justified, when so determined by the social care services or health services, as appropriate, without prejudice to said absences are communicated by the worker to the company as soon as possible.

Situations of violence that give rise to the recognition of the rights regulated in this Agreement will be accredited with the protection order in favor of the victim. Exceptionally, the report from the Public Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender violence until the protection order is issued will be the title of accreditation of this situation.

Article 40 Adaptation and distribution of the working day, to make effective the right to reconcile family, work and personal life

You will have the right to adapt and distribute the working day to make effective the right to reconcile family, work and personal life of workers with dependent minors or adults, provided that certain circumstances such as as:

This distribution and adaptation of the working day will maintain its duration as long as the causes that originated it persist.

Article 41 Equality Plans and gender equality and opportunities

The parties signing this collective agreement fully assume the entire content of chapter XI of the AIC regarding gender equality.

To this end, the obligation to negotiate, and where appropriate agree, between the company and the representation of the workers, equality plans in companies with 50 or more workers in the terms and time limits is established. provided for in RDL 6/2019, of March 1.

In all the phases of preparing the plan, especially in the diagnosis, specific objectives, measures and actions to achieve them, the constitution of a monitoring and evaluation commission must have the participation of the representation of the workers in the company .

In the diagnosis phase, companies will provide information on monthly remuneration with a breakdown of bonuses and a comparison by professional group between men and women.

The parties signing this collective agreement agree to use the procedures established in the technical and mediation commission on gender equality and non-discrimination of the Labor Court of Catalonia, as a mechanism for out-of-court conflict resolution and analysis or advice in the elaboration of equality plans and measures.

In the same way, the signatories of this collective agreement agree, the registration of equality plans in the public registry of equality plans of the Generalitat de Catalunya, which grants companies and organizations an official certificate of adequacy of its Equality Plan to current legislation.

In all matters not provided for in this article, the provisions contained in this regard in Organic Law 3/2007, of March 22, for the effective equality of men and women in its current wording modified by the RDL 6/2019, of March 1.

Article 42 Disciplinary regime

The company may penalize punishable actions or omissions incurred by workers in accordance with the graduation of offenses and sanctions established in this text.

Article 43 Classification of offenses

Any offense committed by a worker will be classified, according to its importance and significance, as minor, serious or very serious.

Article 44 Minor offenses

The following will be considered minor offenses:

Article 45 Serious offenses

The following will be considered serious offenses:

Article 46 Very serious offenses

The following will be considered very serious offenses:

The worker who suffers sexual and/or moral harassment, will notify the management of the company and the representative of the workers within a period not exceeding 15 calendar days so that the management of the company can file the appropriate file. , which will have to end in a period of one month from the notification of the interested party, protecting the job of the same.

The non-communication to the management of the company of any of the two forms of harassment indicated, will be assessed in order to determine the lack of responsibility of the company 16.- The recidivism of a serious offense, even if it is of a different nature, always that is committed within the six months following the occurrence of the first.

Article 47 Sanctions regime

The company's management has the power to impose sanctions under the terms stipulated in this agreement. The sanction of minor, serious and very serious offenses will require written communication to the worker, stating the date and the facts that motivate it.

For the imposition of sanctions, the procedures provided for in current legislation will be followed.

Article 48 Maximum sanctions

The sanctions that may be imposed in each case, depending on the seriousness of the offense committed, will be the following:

Article 49 Prescription

The power of the management of the company to sanction shall prescribe ten days for minor offenses, twenty days for serious offenses and sixty days for very serious offenses from the date on which it became aware of it. of its commission and, in any case, six months after it was committed.

Article 50 Out-of-court conflict resolution

The signatory parties to this agreement, on behalf of the workers and companies included in the personal scope of the agreement, expressly agree to submit to the conciliation and mediation procedures of the Labor Court of Catalonia, for the resolution of labor disputes of a collective or plural nature that may arise, as well as those of an individual nature not expressly excluded from the powers of said court, for the purposes of the provisions of articles 63 and 156 of the Law on corporate jurisdiction.

In particular, they express their willingness to submit to the following procedures:

Article 51 Union representation

Personnel delegates will have the credit of monthly paid hours established by the Workers' Statute, being able to accumulate the hours that they have as union time in one or several of its components without exceeding the total maximum. When there is only one union representative, the hours may accumulate for a maximum of two months. That is to say, if in a month you have not used any hours, you can use up to thirty hours the following month and with loss of those not used every two months.

In companies with more than thirty-one workers that have three designated personnel delegates or company committees in their workplaces, they will have an hourly credit of 20 hours per month.

In this case, the members of the works council or personnel delegates of one or several work centers of the same company and the same province, may accumulate part or all of their hourly credit automatically, in one or several representatives of the same union, provided that it is formally communicated to the company. The companies will grant unpaid leaves of absence to the personnel to attend congresses of the respective unions. The maximum number of licenses will be in companies with more than ten workers for a single worker, including company union representatives within these maximums. The maximum number of days of leave for this concept will be three days during the term of this agreement.

In each company there will be a notice board for labor and union issues, in the place designated by the company.

The union representatives who participate in the negotiating committees of collective agreements, maintaining their relationship as an active worker in a company, will have the right to grant the paid leave that is necessary for the proper exercise of their work as negotiators, provided that the company is affected by the negotiation.

In companies or, as the case may be, in workplaces that employ more than 125 workers, union sections may be set up in accordance with the provisions of LO 11/1985, on freedom of association.

Article 52 Occupational health and safety

The protection of workers' health constitutes a basic and priority objective of the signatory parties and they consider that in order to achieve it, the establishment and planning of preventive action is required in the workplace and in companies that have the purpose of elimination or reduction of risks at their source, based on their evaluation, adopting the necessary measures, both in correcting the existing situation and in the technical and organizational evolution of the company to adapt the work to the person and protect their health .

In all matters that affect the prevention of the health and safety of workers, the provisions contained in Law 31/1995, of November 8, on occupational risk prevention, and concordant regulations that constitute norms will apply. minimum and unavailable necessary right.

Article 53 Medical examinations

Annually or in the period established by the health surveillance protocol, in the terms provided in article 22 of the Occupational Risk Prevention Law, workers will have the right to a medical examination, completed with adapted tests to the risks to which he is subjected and more frequent behaviors in relation to the job.

The DPRL will be informed of the health surveillance protocol, in order to know the frequency of medical check-ups.

Article 54 Vocational training

In accordance with the provisions of Royal Decree 1046/2003, of August 1, which regulates the continuing professional training subsystem and in order to facilitate the training and professional promotion of workers, companies may organize and manage, or contract it with a specialized center or institution, to carry out professional training courses.

Professional training in the company will be oriented towards the following objectives:

Article 55 Charges

All personnel who make collections by express order of the company, without this being the activity of their usual work, are exempt from any responsibility for it, as long as they are involuntary errors.

Article 56 Temporary work agencies

Prior to its use, in each company the activities and corresponding professional groups in which TSE workers could be employed will be determined with the representation of the workers.

It will not be possible to enter into contracts for the provision of jobs for which the mandatory occupational risk assessment has not been previously carried out, in accordance with the provisions of articles 15.1.b and 16 of Law 31 /1995, of November 8.

Companies falling within the scope of this agreement that, as users, employ workers from temporary employment agencies, undertake that the provision contract guarantees that they receive the same salary as that provided for in the Agreement for a worker subject to an ordinary contract and who performs the same or similar tasks as those of the worker made available.

The companies will notify the workers' representatives of the contracts of availability and employment contracts of the affected workers, within a maximum period of ten days, so that they can carry out the functions of guardianship of the working conditions, training and occupational health of workers in temporary employment agencies, understanding guardianship as the right to present, through the representatives of the workers of the user company, claims in relation to the conditions of execution of the work activity.

Article 57 Professional groups

General rules:

The classification will be made into professional groups and functional areas by interpretation and application of the assessment factors, and by the most representative tasks and basic functions that workers must develop.

The management of the company will carry out the professional classification of the worker, assessing the professional aptitudes, qualifications and general content of the labor provision.

This classification criterion does not imply that the performance of complementary tasks that are typical of positions classified in lower Professional Groups is excluded from the jobs of each professional group.

The performance of functions of a higher or lower group, will be carried out in accordance with the provisions of article 39 of the Workers' Statute.

This professional classification system aims to achieve a better integration of human resources in the organizational structure of the Company, without undermining dignity, professional promotion, fair remuneration of workers, and all without discrimination. of any kind, due to age, sex or any other reason.

Evaluation factors:

The factors that, jointly weighted, must be taken into account for the inclusion of workers in a certain professional group are the following:

Training and professional development:

When the worker is required to carry out tasks typical of his professional group, but different or different from those he had been habitually carrying out, this will be done without detriment to his training and professional development.

Professional Groups and Functional Areas:

Article 58

Regime of non-application of the working conditions provided for in this agreement By agreement between the company and the legal representation of the workers, when there are economic, technical, organizational or production causes that justify the adoption of the measure or measures, The working conditions provided for in art. 82.3 of the Workers' Statute, prior to the development of a consultation period. The indicated request for non-application must be previously communicated to the Joint Commission of this Agreement which, if expressly requested, may exercise communication advisory functions and must be accompanied by the alleged causes that may justify the measure. Such causes must be documented.

When the consultation period ends with an agreement, it will be presumed that there are justifications for non-application and it can only be challenged before the social jurisdiction when the existence of fraud, intent, coercion or abuse of rights is presumed in its conclusion. The agreement must accurately determine the new working conditions applicable in the company and its duration, which may not be extended beyond the moment in which a new agreement is applicable in the company. The agreement must be notified to the Joint Commission of the collective agreement and to the labor authority.

In case of agreement in the company or arbitration solution, regarding the non-application of the collective agreement, given the legally transitory nature of the same, any of the parties can propose the review of the non-application measures to the extent that they are modified the causes that gave rise to it.

This revision initiative must be previously communicated to the Joint Commission, as well as the final result, with the same object and procedure as in the initial non-application. In case of disagreement during the consultation period, either party may submit the discrepancy to the Joint Commission of the Agreement, which will have a maximum period of 7 days to pronounce itself, counting from the moment the discrepancy was raised. When the intervention of the Joint Commission has not been requested or it has not reached an agreement, the parties must resort to the conciliation and mediation procedures of the Labor Court of Catalonia. Submission to arbitration will be voluntary, in accordance with the provisions of the interprofessional agreement of Catalonia in force at all times. If the disagreement between the parties persists after having resorted to the indicated conciliation and mediation procedures, the provisions of the provisions applicable and current laws.

Article 60 Supplementary right

The rules contained in this Agreement will regulate relations between companies and their staff in a preferential and priority manner. On a supplementary basis and in matters not provided for in it, Royal Legislative Decree 2/2015, of October 23, will be applied, approving the consolidated text of the Law on the Workers' Statute and the General Trade Agreement of Catalonia for subsectors without their own agreement, as well as the other provisions of a general nature and labor legislation in force at all times.

Annex I

Salary tables 2018-2019

Note: In any case, the salaries that in annual calculation and full-time receive any worker of the sector may not be lower in each of the years than the Minimum Interprofessional Salary that would have been established for each of the years 2018 and 2019.

Annex II

Salary tables 2020