Article Uno.d) of Law 20/2014, of October 29, by which the power to issue various recast texts is delegated to the Government, pursuant to the provisions of Article 82 et seq. of the Spanish Constitution, authorized the Government to approve a recast text in which, duly regulated, clarified and harmonised, the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of 24 March, and all the related legal provisions listed in that paragraph, as well as the rules with a range of law that would have changed them. The deadline for the completion of this text was 12 months after the entry into force of the said Law 20/2014, which took place on 31 October 2014.

This royal legislative decree has been submitted to the most representative trade union and business organizations. It has also been informed by the Economic and Social Council.

In its virtue, on the proposal of the Minister of Employment and Social Security, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 23, 2015,

DISPONGO:

Single item. Approval of the recast of the Law on the Workers ' Statute.

The recast text of the Law on the Workers ' Statute is approved, which is inserted below.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal legislative decree and the recast text that it approves, and in particular the following:

1. The Royal Legislative Decree 1/1995, of 24 March, approving the recast text of the Law of the Workers ' Statute.

2. The fourth additional provision and the second transitional provision of Law 12/2001, of 9 July, of urgent measures to reform the labour market for the increase of employment and the improvement of its quality.

3. The seventh additional provision and the second transitional provision of Law 43/2006 of 29 December 2006 for the improvement of growth and employment.

4. The first and third additional provisions and the first, second and 12th transitional provisions of Law 35/2010 of 17 September 2010 on urgent measures for the reform of the labour market.

5. Article 5, the fifth additional provision and the first and second transitional provisions of Royal Decree-Law No 10/2011 of 26 August 2011 on urgent measures for the promotion of the employment of young people, the promotion of stability in employment and the maintenance of the programme for the retraining of persons who have exhausted their unemployment protection.

6. Article 17, the sixth and ninth additional provisions, the fifth and sixth transitional provisions, paragraph 1 of the ninth transitional provision and the transitional provisions tenth and fifteenth of Law 3/2012 of 6 July urgent measures for labour market reform.

7. The seventh transitional provision of Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and to promote competitiveness.

8. The additional provision of the Royal Decree-Law of 15 March of 15 March to promote the continuity of the working life of older workers and to promote active ageing.

9. The unique transitional provision of Royal Decree-Law 16/2013 of 20 December of measures to promote stable recruitment and to improve the employability of workers.

10. The second transitional provision of Law 1/2014 of 28 February for the protection of part-time workers and other urgent measures in the economic and social order.

Given in Oviedo, on October 23, 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA

RECAST TEXT OF THE WORKERS ' STATUTE LAW

INDEX

Title I. Of the individual work relationship.

Chapter I. General provisions.

Section 1.

Article 1. Scope of application.

Article 2. Special-character employment relationships.

Article 3. Sources of the employment relationship.

Section 2. First basic labor rights and duties.

Article 4. Labour rights.

Article 5. Job duties.

Section 3. The Work Contract Elements and Effectiveness.

Article 6. Work of the minors.

Article 7. Ability to hire.

Article 8. Form of contract.

Article 9. Validity of the contract.

Section 4. Modes of the work contract.

Article 10. Common job and group contract.

Article 11. Training contracts.

Article 12. Part-time contract and replacement contract.

Article 13. Remote work.

Chapter II. Job contract content.

Section 1. Contract Duration.

Article 14. Test period.

Article 15. Duration of the contract.

Article 16. Fijo-discontinuous contract.

Section 2. Third Rights and Duties derived from the contract.

Article 17. Non-discrimination in industrial relations.

Article 18. Inviolability of the worker's person.

Article 19. Safety and health at work.

Article 20. Management and control of work activity.

Article 21. Non-concurrency and permanence pact in the company.

Section 3. Professional Classification and Promotion at Work.

Article 22. Professional classification system.

Article 23. Promotion and vocational training at work.

Article 24. Promotions.

Article 25. Economic promotion.

Section 4. Salaries and salary guarantees.

Article 26. Of the salary.

Article 27. Minimum interprofessional salary.

Article 28. Equal pay on grounds of sex.

Article 29. Settlement and payment.

Article 30. Impossibility of delivery.

Article 31. Extraordinary rewards.

Article 32. Salary guarantees.

Article 33. The Wage Guarantee Fund.

Section 5. Time of Work.

Article 34. Day.

Article 35. Overtime.

Article 36. Night work, shift work and pace of work.

Article 37. Weekly rest, parties and permits.

Article 38. Annual leave.

Chapter III. Modification, suspension and termination of the work contract.

Section 1. Functional and Geographic Mobility.

Article 39. Functional mobility.

Article 40. Geographical mobility.

Article 41. Substantial modifications of working conditions.

Section 2. Warranties For Employer Change.

Article 42. Subcontracting of works and services.

Article 43. Assignment of workers.

Article 44. The succession of business.

Section 3. Contract Suspension.

Article 45. Causes and effects of the suspension.

Article 46. Excess.

Article 47. Suspension of the contract or reduction of working time for economic, technical, organizational or production reasons or derived from force majeure.

Article 48. Suspension with job reservation.

Section 4. Contract Extinction.

Article 49. Termination of the contract.

Article 50. Extinction by the worker's will.

Article 51. Collective redundancy.

Article 52. Termination of the contract for objective reasons.

Article 53. Form and effects of extinction by objective causes.

Article 54. Disciplinary dismissal.

Article 55. Form and effects of disciplinary dismissal.

Article 56. Unfair dismissal.

Section 5. Insolvency Procedure.

Article 57. Insolvency proceedings.

Chapter IV. Workers ' faults and penalties.

Article 58. Workers ' faults and penalties.

Chapter V. Prescription plates.

Section 1. Third Prescription of actions derived from the contract.

Article 59. Prescription and expiration.

Section 2. Enrollment of infractions and faults.

Article 60. Prescription.

Title II. Of the rights of collective representation and assembly of workers in the company.

Chapter I. Of the right of collective representation.

Article 61. Participation.

Section 1. Representation Organs.

Article 62. Staff delegates.

Article 63. Business committees.

Article 64. Rights of information and consultation and competences.

Article 65. Professional capacity and stealth.

Article 66. Composition.

Article 67. Promotion of elections and electoral mandate.

Article 68. Guarantees.

Section 2. First Electoral Procedure.

Article 69. Choice.

Article 70. Vote for delegates.

Article 71. Choice for the business committee.

Article 72. Representatives of those who provide services in fixed-discontinuous and non-permanent workers.

Article 73. Election table.

Article 74. Functions of the table.

Article 75. Vote for delegates and works councils.

Article 76. Claims on election matters.

Chapter II. Of the right of assembly.

Article 77. The workers ' assemblies.

Article 78. Meeting place.

Article 79. Call.

Article 80. Votes.

Article 81. Local and bulletin board.

Title III. Collective bargaining and collective agreements.

Chapter I. General provisions.

Section 1. th Nature and effects of conventions.

Article 82. Concept and effectiveness.

Article 83. Trading units.

Article 84. Concurrency.

Article 85. Content.

Article 86. Effective.

Section 2. Legitimation.

Article 87. Legitimization.

Article 88. Negotiating committee.

Chapter II. Procedure.

Section 1. ª Fulfillment, application, and interpretation.

Article 89. Processing.

Article 90. Validity.

Article 91. Application and interpretation of the collective agreement.

Section 2.

Article 92. Adhesion and extension.

Additional disposition first. Self-employed work.

Additional provision second. Contracts for training and learning.

Additional provision third. Collective bargaining and fixed contract of work.

Additional provision fourth. Remuneration concepts.

Additional provision fifth. Senior management staff.

Additional provision sixth. Institutional representation of employers.

Additional provision seventh. Conditions regulation by activity branch.

Additional disposition octave. Labor Code.

Additional provision ninth. National Consultative Commission on Collective Agreements.

Additional provision 10th. Clauses of collective agreements relating to the fulfilment of the ordinary retirement age.

Additional provision eleventh. Accreditation of the representative capacity of trade union organisations.

Additional disposition twelfth. Preads.

Additional disposition thirteenth. Non-judicial solution of conflicts.

Additional disposition fourteenth. Consideration of victims of terrorism for work purposes.

Additional provision 15th. Application of the term limits of the contract for certain work or service and the chain of contracts in public administrations.

Additional provision sixteenth. Application of dismissal for economic, technical, organizational or production causes in the public sector.

Additional 17th disposition. Suspension of the contract of work and reduction of working time in public administrations.

18th additional disposition. Discrepancies in reconciliation matters.

Additional 19th disposition. Calculation of compensation in certain cases of reduced working time.

320th additional disposition. Training contracts concluded with workers with disabilities.

Additional provision twenty-first. Replacement of surplus workers with care for family members.

First transient disposition. Contracts concluded prior to the entry into force of this law.

Second transient disposition. Contracts for training and learning.

Transitional provision third. Part-time contracts for partial and relief retirement and retirement age.

Transitional disposition fourth. Collective bargaining and contractual arrangements.

Transient disposition fifth. Limiting the chaining of contractual modes.

Transitional disposition sixth. Additional hours.

Transitional disposition seventh. Duration of paternity leave in cases of birth, adoption, guardian for adoption or acceptance until the entry into force of Law 9/2009 of 6 October.

Transient disposition octave. Compensation for temporary contract termination.

transient disposition ninth. Transitional rules in relation to the clauses of collective agreements relating to the fulfilment of the ordinary retirement age.

Transient disposition tenth. Scheme applicable to employment regulation files initiated in accordance with the previous rules.

Transient disposition eleventh. Compensation for wrongful termination.

Transient Disposition twelfth. Processing salaries.

Final disposition first. Competence title.

Final disposition second. Regulatory development.

TITLE I

From the individual work relationship

CHAPTER I

General provisions

Section 1.

Article 1. Scope of application.

1. This law shall apply to workers who voluntarily pay their paid services as an employed person and within the scope of organisation and management of another person, natural or legal, called employer or employer.

2. For the purposes of this law, employers shall be all persons, natural or legal, or communities of property which receive the provision of services of the persons referred to in the previous paragraph, as well as persons hired to be transferred to business users by legally constituted temporary work enterprises.

3. Excluded from the scope governed by this law:

(a) The service relationship of public servants, which shall be governed by the corresponding laws and regulations, as well as that of staff at the service of the Public Administrations and other entities, bodies and entities in the public sector, where, under a law, that relationship is regulated by administrative or statutory rules.

b) Mandatory personal benefits.

(c) The activity which is limited, pure and simply, to the mere performance of the position of adviser or member of the administrative bodies in undertakings which review the legal form of a company and provided that its activity in the undertaking only behave in the performance of tasks inherent in such a charge.

d) Jobs performed in friendship, benevolence, or good neighbourliness.

(e) Family work, unless the condition of employees of those who carry out the work is demonstrated. They shall be regarded as family members, for such purposes, provided that they live with the employer, spouse, descendants, ascendants and other relatives by consanguinity or affinity, up to and including the second degree and, where appropriate, by adoption.

(f) The activity of persons involved in commercial transactions on behalf of one or more employers, provided that they are personally obliged to respond to the good end of the operation by taking the risk and the same.

g) In general, any work that is done in development of a different relationship than that defined in paragraph 1.

For such purposes, the activity of the service providers of the transport service shall be excluded from the scope of the labour service under the administrative authorisations of which they are holders, carried out, by means of corresponding price, with commercial vehicles of public service whose ownership or direct power of disposal is held, even if such services are carried out on a continuous basis for the same charger or marketer.

4. Spanish labour law will apply to the work provided by Spanish workers employed in Spain at the service of Spanish companies abroad, without prejudice to the rules of public order applicable in the workplace. Such workers shall have at least the economic rights which they would be entitled to work on Spanish territory.

5. For the purposes of this law, the productive unit with a specific organization, which is discharged, as such, to the labor authority, is considered to be the center of work.

In the activity of work at sea, the vessel shall be considered as a working centre, being situated in the province where it radiuses its base port.

Article 2. Special-character employment relationships.

1. Special character employment relationships shall be considered:

(a) The senior management staff not included in Article 1.3.c).

b) The family home service.

c) That of penados in prison institutions.

d) The professional sportsmen.

e) The artists in public shows.

f) People who are involved in business operations on behalf of one or more entrepreneurs without taking the risk and venture of those.

g) That of workers with disabilities who provide their services in the special centres of employment.

(h) The port stowers who provide service through the provision of workers to the companies holding licences for the port service for the handling of goods, provided that they do not entities develop their activity exclusively in the port area.

i) The child under the execution of detention measures for the enforcement of his or her criminal liability.

j) The residence for the training of specialists in Health Sciences.

k) The law of lawyers providing services in law offices, individual or collective.

l) Any other work that is expressly declared as a special employment relationship by a law.

2. In all cases mentioned in the previous paragraph, the regulation of such industrial relations shall respect the basic rights recognized by the Constitution.

Article 3. Sources of the employment relationship.

1. The rights and obligations concerning the employment relationship are regulated:

(a) By the laws and regulations of the State.

b) By collective agreements.

(c) By the will of the parties, expressed in the contract of employment, being their lawful object and without in any event being able to establish to the detriment of the worker conditions less favourable or contrary to the provisions legal and collective agreements previously expressed.

d) For local and professional uses and customs.

2. The laws and regulations shall be applied strictly in accordance with the principle of normative hierarchy. The regulatory provisions shall develop the precepts which lay down the rules of higher rank, but may not lay down working conditions other than those laid down by the laws to be developed.

3. The conflicts arising between the provisions of two or more labour standards, both state and agreed, which must in any event respect the minimum necessary rights, shall be resolved by applying the most favourable conditions for the worker. appreciated as a whole, and in annual computation, with respect to quantifiable concepts.

4. Uses and customs shall only apply in the absence of legal, conventional or contractual provisions, unless they have an express receipt or referral.

5. Workers shall not be entitled, before or after their acquisition, to the rights which they have recognised by law of necessary legal provisions. They shall also not validly dispose of the rights recognised as unavailable by collective agreement.

Section 2. Basic Labor Rights and Duties

Article 4. Labour rights.

1. Workers have as basic rights, with the content and scope for each of them their specific regulations, those of:

a) Work and free choice of profession or trade.

b) Free syndication.

c) Collective bargaining.

d) Adoption of collective conflict measures.

e) Strike.

f) Meeting.

g) Information, consultation and participation in the company.

2. In the working relationship, workers are entitled:

a) To effective occupation.

(b) To promote and vocational training at work, including that aimed at adapting them to changes in the workplace, as well as to the development of training plans and actions aimed at promoting their greater employability.

(c) Not to be directly or indirectly discriminated against for employment, or once employed, for reasons of sex, marital status, age within the limits marked by this law, racial or ethnic origin, social status, religion or convictions, political ideas, sexual orientation, affiliation or not to a union, as well as for language, within the Spanish State.

They may not be discriminated against on the grounds of disability, provided they are in a position to perform the work or employment in question.

d) To their physical integrity and to an adequate policy of prevention of occupational risks.

(e) respecting their privacy and consideration due to their dignity, including protection against harassment on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation, and against harassment sexual and harassment on the basis of sex.

f) To the timely perception of the agreed or legally established remuneration.

g) To the individual exercise of the actions derived from your work contract.

h) How many others are specifically derived from the work contract.

Article 5. Job duties.

Workers have basic duties:

a) Meet the specific obligations of your job, in accordance with the rules of good faith and diligence.

b) Observe occupational risk prevention measures to be taken.

c) Fulfill the orders and instructions of the employer in the regular exercise of his or her directives.

d) Do not compete with the activity of the company, in the terms set out in this law.

e) Contribute to improved productivity.

(f) How many of the respective employment contracts are derived, where appropriate.

Section 3. Work Contract Elements and Effectiveness

Article 6. Work of the minors.

1. Admission to work is prohibited for children under the age of 16.

2. Workers under 18 years of age shall not be allowed to carry out night work or those activities or places of work in respect of which limitations are laid down in their procurement in accordance with the provisions of Law 31/1995 of 8 November 1995. for the Prevention of Occupational Risks and the applicable regulatory standards.

3. Special hours are prohibited for children under the age of eighteen.

4. The intervention of children under 16 years of age in public spectacles shall be authorised only in exceptional cases by the labour authority, provided that it does not endanger their health or their professional and human training. The permit must be in writing and for certain acts.

Article 7. Ability to hire.

You can hire the benefit of your job:

(a) Those who are fully capable of acting in accordance with the provisions of the Civil Code.

(b) Children under eighteen and over sixteen years of age, who live independently, with the consent of their parents or guardians, or with the consent of the person or institution that holds them.

If the legal representative of a person of limited capacity expressly or tacitly authorizes it to carry out a job, it is also authorized to exercise the rights and fulfill the duties arising from its contract and for cessation.

c) Foreigners, in accordance with the provisions of the specific legislation on the subject.

Article 8. Form of contract.

1. The employment contract may be concluded in writing or in writing. It shall be presumed to exist between all the one who provides an account service and within the scope of organisation and management of another and the one who receives it in return for remuneration to that person.

2. Contracts of employment shall be entered in writing where a legal provision and, in any case, practices and for training and learning, part-time contracts, fixed-discontinuous and relief contracts, contracts for the purpose of the contract are required. carrying out a specific work or service, those of workers working at a distance and those employed in Spain at the service of Spanish companies abroad. Contracts shall also be written in writing for a given period of more than four weeks. In the absence of such a requirement, the contract shall be presumed to be concluded for an indefinite period of time, unless it proves otherwise that its temporary nature or the part-time nature of the services is accredited.

Any party may require that the contract be formalized in writing, even during the course of the employment relationship.

3. The employer is obliged to inform the public employment office within 10 days of his/her concertation and in the terms which are determined, the content of the work contracts he or she holds or the extensions of the contract. of the same, must or must not be written in writing.

4. The employer shall give the legal representation of the employees a basic copy of all the contracts to be concluded in writing, with the exception of the special employment relationship contracts of senior management on which the duty of notification to the legal representation of workers.

In order to check the adequacy of the content of the contract to the current legality, this basic copy will contain all the data of the contract except for the number of the national identity document or the identity number of the In the case of a person who is not a member of the European Parliament, he or she is entitled to the right of residence, the place of residence, the marital status, and any other person who, in accordance with the Organic Law 1/1982 of 5 May, of civil protection of the right to honour, personal and family privacy and the image itself, may affect privacy. personnel. The processing of the information provided shall be subject to the principles and guarantees provided for in the applicable data protection rules.

The basic copy will be delivered by the employer, not later than ten days from the formalization of the contract, to the legal representatives of the workers, who will sign it for the purposes of proving that the delivery.

This basic copy will then be sent to the employment office. Where there is no legal representation of workers, basic copy must also be completed and sent to the employment office.

The representatives of the Administration, as well as those of the trade unions and business associations, who have access to the basic copy of the contracts by virtue of their membership of the participation bodies institutions that regulate such faculties, observe professional secrecy, and cannot use such documentation for purposes other than those that motivated their knowledge.

5. Where the employment relationship is longer than four weeks, the employer must inform the worker in writing, in the terms and time limits laid down in regulation, of the essential elements of the contract and the principal conditions for the performance of the labour supply, provided that such elements and conditions are not included in the written contract of work.

Article 9. Validity of the contract.

1. If only part of the work contract is void, it shall remain valid for the remainder, and shall be understood as having been completed with the appropriate legal provisions in accordance with Article 3.1.

If the worker has been assigned special conditions or remuneration under consideration in the non-valid part of the contract, the body of the social jurisdiction which at the request of the party declares the invalidity make due pronouncement on the subsistence or removal in whole or in part of those conditions or remuneration.

2. In the event that the contract is void, the worker may, for the work he has already provided, require the remuneration for a valid contract.

Section 4. Work Contract Modes

Article 10. Common job and group contract.

1. If the employer gives a joint work to a group of its employees, it shall retain its rights and duties in respect of each individual.

2. If the employer has concluded a contract with a group of workers in its entirety, he shall not be entitled to the rights and duties which he or she is responsible for. The head of the group shall hold the representation of the members, in response to the obligations inherent in that representation.

3. If the worker, as agreed in writing, will associate an assistant or assistant to his or her work, the employer of the worker will also be an assistant.

Article 11. Training contracts.

1. The contract of work in practice may be concluded with those who are in possession of a university degree or professional training of a medium or higher degree or officially recognised as equivalent, in accordance with the laws of the (a) the rules governing the education system in force, or a certificate of professionalism in accordance with the provisions of the Organic Law of 19 June of 19 June on Qualifications and Vocational Training, which they provide for professional practice, of the five years, or seven years when the contract is designed with a worker with disabilities, following the completion of the corresponding studies, according to the following rules:

(a) The job must enable the appropriate professional practice to be obtained at the level of studies or training courses. By collective agreement of a State-level sector or, failing that, in the sectoral collective agreements at lower level, the employment or professional groups covered by this contract may be determined.

(b) The duration of the contract may not be less than six months and not exceed two years, within the limits of the collective agreements of the State Sectoral Sector or, failing that, the sectoral collective agreements (a) lower may determine the duration of the contract, taking into account the characteristics of the sector and the practices to be performed.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption, guardian for adoption, reception, risk during breast-feeding and paternity will interrupt the calculation of the duration of the contract.

(c) No worker may be engaged in practices in the same or different undertaking for more than two years by virtue of the same degree or certificate of professionalism.

You may also not be engaged in practices in the same company for the same job for more than two years, even if it is a different degree or a different certificate of professionalism.

For the purposes of this Article, degree, master and, where appropriate, doctorate degrees, corresponding to university studies shall not be considered to be the same degree, except that when first hired by a In practice, the worker is already in possession of the higher degree in question.

(d) Except as provided for in collective agreement, the probationary period may not exceed one month for contracts in practice concluded with workers who are in possession of a medium degree or certificate of qualification. Level 1 or 2 professionalism, not two months for contracts in practice concluded with workers who are in possession of a higher grade degree or a level 3 certificate of professionalism.

(e) The remuneration of the worker shall be that laid down in collective agreement for employed persons, without, failing that, being less than sixty or seventy-five per cent during the first or second years of the term of the contract, respectively, of the salary fixed in agreement for a worker who performs the same or equivalent job.

(f) If at the end of the contract the worker continues in the company, a new trial period cannot be arranged, with the duration of the practice being computed for the duration of the company.

2. The contract for training and apprenticeship shall aim at the vocational qualification of workers in a system of alternance of work activity paid in a company with training activity received in the framework of the system of vocational training for employment or the education system.

The contract for training and learning will be governed by the following rules:

(a) It may be concluded with workers over 16 and under 25 years of age who lack the professional qualification recognised by the vocational training system for employment or the required education system. to arrange a contract in practice. Workers who are trained in the vocational training of the education system may be eligible for this contract.

The age limit will not apply when the contract is designed with persons with disabilities or with the social exclusion groups provided for in Law 44/2007, of December 13, for the regulation of the the scheme of the insertion undertakings, in cases where they are contracted by the insertion undertakings which are qualified and active in the relevant administrative register.

(b) The minimum duration of the contract shall be one year and the maximum of three. However, by collective agreement, different durations of the contract may be established, depending on the organizational or productive needs of the undertakings, without the minimum duration being less than six months or the maximum three years.

In the event that the contract has been concluded for a duration less than the legal or conventionally established maximum, it may be extended by agreement of the parties, up to twice, without the duration of each extension. may be less than six months and without the total duration of the contract exceeding that maximum duration.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption, guardian for adoption, reception, risk during breast-feeding and paternity will interrupt the calculation of the duration of the contract.

(c) The duration of the contract for training and learning is expirated, the worker may not be hired under this mode by the same or different undertaking, unless the training inherent in the new contract has the object of obtaining a different professional qualification.

No contracts may be concluded for training and learning when the job corresponding to the contract has been previously performed by the worker in the same undertaking for a period of more than 12 months. months.

(d) The worker must receive the training inherent in the contract for training and learning directly in a training centre of the network referred to in the fifth additional provision of the Organic Law of 19 In June, the qualifications and vocational training, previously recognised by the National Employment System, have been recognized for this purpose. However, it may also receive such training in the undertaking itself where it has the same facilities and staff as are appropriate for the purposes of the accreditation of the professional competence or qualification referred to in point (e), without prejudice to the need, where appropriate, for additional training periods to be carried out in the centres of the network referred to above.

The work activity performed by the employee in the company must be related to the training activities. The partition of this training must be justified at the end of the contract.

The system of delivery and the characteristics of the training of workers in training centres and in companies, as well as their recognition, will be developed in a system of alternance with work. cash in order to foster a greater relationship between the worker and the worker's training and learning. Training activities may include additional training not referred to the National Catalogue of Professional Qualifications to be adapted to both the needs of workers and businesses.

The financing of training activities will also be subject to regulatory development.

e) The qualification or professional competence acquired through the contract for training and learning shall be subject to accreditation in the terms laid down in the Organic Law of 19 June of the Qualifications and of vocational training, and in its development regulations. In accordance with this Regulation, the worker may ask the competent public authority to issue a certificate of professional competence, professional training certificate or, where appropriate, partial accreditation. cumulative.

(f) Effective working time, which must be compatible with the time spent on training activities, may not exceed seventy-five per cent, during the first year, or eighty-five per cent, during the period of the second and third year of the maximum day provided for in the collective agreement or, failing that, the maximum legal day. Workers shall not be allowed to perform overtime, except in the case provided for in Article 35.3. They will also not be able to do night work or shift work.

g) The remuneration of the contract worker for training and learning shall be set in proportion to the effective working time, in accordance with the collective agreement.

In no case shall the remuneration be lower than the minimum inter-professional salary in proportion to the effective working time.

(h) The protective action of the Social Security of the contract worker for training and learning shall comprise all the protective contingencies and benefits, including unemployment. You will also be entitled to the coverage of the Wage Guarantee Fund.

i) In the event that the worker continues in the company at the end of the contract, it will be as set out in paragraph 1.( f).

3. In collective bargaining, criteria and procedures will be laid down to achieve a balanced presence of men and women linked to the enterprise through training contracts. Commitments for the conversion of training contracts into contracts for an indefinite period may also be established.

Article 12. Part-time contract and replacement contract.

1. The contract of employment shall be deemed to have been concluded on a part-time basis where the provision of services has been agreed for a number of hours per day, week, month or year, less than the working day of a full-time worker. comparable.

For the purposes of the foregoing paragraph, "comparable full-time worker" shall mean a full-time worker of the same company and a working centre, with the same type of employment contract and which perform an identical or similar job. If there is no full-time comparable worker in the enterprise, the full-time working time provided for in the collective agreement or, failing that, the maximum legal day shall be considered.

2. The part-time contract may be concluded for an indefinite period or for a fixed period of time in cases where the use of this mode of employment is legally permitted, except in the contract for training and training. learning.

3. Without prejudice to the above paragraph, the part-time contract shall be deemed to be concluded for an indefinite period of time when it is designed to carry out fixed and periodic work within the normal volume of business of the undertaking.

4. The partial-time contract shall be governed by the following rules:

(a) The contract, in accordance with the provisions of Article 8.2, must be formalized in writing. The contract shall include the number of ordinary working hours per day, week, month or year, and the mode of distribution as provided for in collective agreement.

If these requirements are not met, the contract shall be presumed to be completed on a full-time basis, unless proof to the contrary that the services are partial.

(b) Where the part-time contract results in the execution of a daily working day less than that of full-time workers and is carried out on a basis, it will only be possible to make a single interruption in that day-day, unless otherwise provided by collective agreement.

(c) Part-time workers shall not be allowed to perform overtime, except in the cases referred to in Article 35.3.

Additional hours shall be governed by the provisions of paragraph 5.

In any case, the sum of the ordinary and complementary hours, including those previously agreed upon and the voluntary ones, may not exceed the legal limit of the part-time work defined in paragraph 1.

For these purposes, the part-time workers ' day will be recorded day by day and will be totaled monthly, giving the worker a copy, along with the receipt of wages, of the summary of all the hours taken in each month, both ordinary and complementary referred to in paragraph 5.

The employer must keep the monthly summaries of the day records for a minimum period of four years.

In the event of non-compliance with the aforementioned registration obligations, the contract shall be presumed to be completed on a full-time basis, unless proof to the contrary that the partial nature of the services is accredited.

d) Part-time workers will have the same rights as full-time workers. Where appropriate to their nature, such rights shall be recognised in the laws and regulations and in collective agreements in a proportional manner, on the basis of the time worked.

e) The conversion of a full-time job into a partial job and vice versa will always be voluntary for the worker and cannot be imposed unilaterally or as a result of a substantial modification of the working conditions under the provisions of Article 41.1 (a). The worker may not be dismissed or suffer any other type of sanction or effect detrimental to the refusal of such conversion, without prejudice to the measures which, in accordance with Articles 51 and 52 (c), may be adopted by economic, technical, organizational or production causes.

In order to enable voluntary mobility in part-time work, the employer must inform the employees of the company about the existence of vacant jobs, so that they can formulate applications for the voluntary conversion of full-time work into part-time work and vice versa, or for the increase in the working time of part-time workers, all in accordance with the procedures laid down in the establish in collective agreement.

In general, the applications referred to in the preceding paragraph must be taken into account, as far as possible, by the employer. The refusal of the application must be notified by the employer to the worker in writing and in a reasoned manner.

(f) Collective agreements shall provide for measures to facilitate the effective access of part-time workers to continuing vocational training in order to promote their career progression and mobility.

5. Additional hours are considered to be those made as an addition to the ordinary hours agreed in the part-time contract, in accordance with the following rules:

(a) The employer may only require additional hours if he has expressly agreed with the worker. The agreement on additional hours may be agreed upon at the time of the conclusion of the contract on or after part-time, but shall in any event constitute a specific agreement on the contract. The pact will necessarily be written in writing.

(b) Only a supplementary hours pact may be formalised in the case of part-time contracts with a working day of not less than ten hours per week on an annual basis.

(c) The supplementary hours agreement shall include the number of additional hours to be completed by the employer.

The number of complementary hours agreed may not exceed thirty per cent of the ordinary working hours covered by the contract. Collective agreements may provide for a further maximum rate, which in no case may be less than 30% or exceed 60% of the ordinary hours contracted.

(d) The worker shall be aware of the day and time of the completion of the additional hours agreed upon with a minimum of three days ' notice, unless the agreement establishes a shorter notice period.

e) The supplementary hours pact may be rendered without effect by the worker's resignation, by means of a 15-day notice, once a year has been completed since its conclusion, when one of the following circumstances is present:

1. The attention of the family responsibilities set forth in Article 37.6.

2. Formative Needs, provided that the time incompatibility is credited.

3. Incompatibility with another part-time contract.

(f) The agreement of additional hours and the conditions for carrying out the same shall be subject to the rules laid down in the preceding letters. In the event of non-compliance with these rules, the worker's refusal to carry out the additional hours, despite having been agreed, shall not constitute a punishable work.

(g) Without prejudice to the supplementary hours agreement, in the case of part-time contracts of indefinite duration with a working day not less than ten hours per week in annual calculation, the employer may at any time be entitled to provide the worker with additional hours of voluntary acceptance, the number of which may not exceed 15%, which may be extended to 30% by collective agreement, of the ordinary hours covered by the contract. The worker's refusal to carry out these hours shall not constitute punishable work.

These additional hours shall not be computed for the purposes of the percentages of agreed supplementary hours set out in point (c).

(h) The performance of additional hours shall in any event be subject to the limits for working hours and breaks laid down in Articles 34.3 and 4; 36.1 and 37.1

(i) The additional hours actually carried out shall be paid as ordinary hours, in the form of a basis for social security contributions and periods of absence and a basis for the provision of benefits. To this end, the number and remuneration of the additional hours made must be collected on the individual receipt of wages and on the social security contribution documents.

6. In order for the worker to be able to access partial retirement, in accordance with the terms laid down in the recast text of the General Social Security Law and other relevant provisions, he must agree with his employer on a reduction in working hours and between a minimum of 25% and a maximum of 50%, and the undertaking must simultaneously conclude a contract of relief, in accordance with the provisions laid down in the following paragraph, in order to replace the job left vacant by the worker who partially retires. The replacement contract may also be concluded to replace workers who retire partially after having met the ordinary retirement age corresponding to the provisions of the recast of the General Law of the European Union. Social Security.

The reduction in working time and salary may be 70% and five percent when the contract of relief is fully completed and with an indefinite duration, provided that the worker complies with the requirements laid down in the the recast text of the General Law on Social Security.

The execution of this part-time work contract and its remuneration will be compatible with the pension that Social Security recognizes the worker as a partial retirement.

The employment relationship will be extinguished when the worker's total retirement occurs.

7. The relay contract will conform to the following rules:

(a) It shall be concluded with a worker who is unemployed or who has a fixed term contract with the company.

(b) Except as set out in the following two paragraphs, the duration of the replacement contract to be concluded as a result of a partial retirement shall be indefinite or at least equal to the time of the worker's failure replaced to reach the ordinary retirement age corresponding to the provisions of the recast text of the General Law on Social Security. If, at the time of this age, the retired worker partially continues in the undertaking, the contract of relief which has been concluded for a given duration may be extended by agreement with the parties for annual periods, which shall be extinguished by any case at the end of the period corresponding to the year in which the total retirement of the relieved worker occurs.

In the case referred to in the second subparagraph of paragraph 6, the contract of relief shall be at least equal to the result of adding two years to the time when the replacement worker is missing in order to reach the age of Ordinary retirement corresponding to the recast of the General Law on Social Security. In the event that the contract is terminated before the minimum duration is reached, the employer shall be obliged to enter into a new contract on the same terms as the time remaining.

In the case of the retired worker partially after having met the ordinary retirement age provided for in the recast text of the General Law on Social Security, the duration of the replacement contract which may be concluded by the company to replace the part of the day left vacant by the same may be indefinite or annual. In this second case, the contract shall be automatically extended for annual periods, in any event at the end of the period corresponding to the year in which the total retirement of the relieved worker occurs.

(c) Except in the case referred to in the second subparagraph of paragraph 6, the relief contract may be concluded on a full-time or part-time basis. In any event, the duration of the day must be at least equal to the reduction in the working time agreed by the replaced worker. The work schedule of the relievist may be completed by the worker who is replaced or is concurrency with him.

d) The job of the reliever worker may be the same as the replaced worker. In any event, there should be a correspondence between the bases of quotation of the two, in the terms provided for in the recast text of the General Law of Social Security.

e) Measures to promote the conclusion of relief contracts may be established in collective bargaining.

Article 13. Remote work.

1. It shall be for working at a distance to be taken into account when the provision of the work activity is carried out in a preponderant manner at the address of the worker or at the place freely chosen by the worker, in an alternative to his or her in-person development. in the company's work center.

2. The agreement establishing the remote work will be formalised in writing. Whether the agreement is established in the initial contract or later, the rules contained in Article 8.4 for the basic copy of the work contract will apply.

3. Distance workers shall have the same rights as those who provide their services in the workplace of the undertaking, except those which are inherent in the performance of the work in question in person in person. In particular, the remote worker shall be entitled to receive at least the total remuneration established in accordance with his professional group and duties.

The employer must establish the means necessary to ensure the effective access of these workers to vocational training for employment, in order to promote their professional promotion. In order to enable mobility and promotion, it should also inform workers at a distance from the existence of vacant jobs for their in-person development in their workplace.

4. Distance workers are entitled to adequate protection in the field of safety and health, resulting in application, in any case, as laid down in Law 31/1995 of 8 November of the Prevention of Occupational Risks and their legislation development.

5. Workers at a distance may exercise the rights of collective representation as provided for in this law. For these purposes, such workers must be attached to a particular business centre of the enterprise.

CHAPTER II

Job Contract Content

Section 1. Contract Duration

Article 14. Test period.

1. A probationary period may be entered in writing, subject to the limits of the duration which, where appropriate, are laid down in the collective agreements. In the absence of an agreement in agreement, the duration of the probationary period may not exceed six months for qualified technicians or two months for other workers. In undertakings of less than twenty-five employees, the probationary period may not exceed three months for workers who are not qualified technicians.

In the case of fixed-term contracts of fixed duration of Article 15 concluded for a period of not more than six months, the probationary period may not exceed one month, unless otherwise provided for in agreement collective.

The entrepreneur and the worker are, respectively, required to perform the experiences that constitute the object of the test.

The pact that establishes a test period will be null when the worker has already performed the same functions previously in the company, under any mode of hiring.

2. During the probationary period, the worker shall have the rights and obligations corresponding to the job he or she carries out as a template, except those arising from the termination of the employment relationship, which may occur at the request of the worker. of either party during its course.

3. After the trial period without the withdrawal of the contract, the contract will have full effects, with the time of the services provided in the company's seniority in the company.

The situations of temporary incapacity, risk during pregnancy, maternity, adoption, maintenance for adoption, reception, risk during breastfeeding and paternity, affecting the worker during the trial period, Interrupt the computation of the same whenever agreement occurs between both parties.

Article 15. Duration of the contract.

1. The employment contract may be concluded for an indefinite period or for a specified duration.

Fixed duration contracts can be concluded in the following assumptions:

(a) When the worker is hired for the performance of a particular work or service, with autonomy and self-sufficiency within the business of the undertaking and whose execution, although limited in time, is in principle of uncertain duration. These contracts may not be longer than three years, which may be extended for up to 12 months by collective agreement at the State level or, failing that, by a sectoral collective agreement at a lower level. After these deadlines, the workers will acquire the status of fixed employees of the company.

State and lower-level sectoral collective agreements, including company agreements, may identify those jobs or tasks with their own substantive activity within the normal business of the company that they can cover with contracts of this nature.

b) When market circumstances, accumulation of tasks or excess orders so demanded, even if the normal activity of the company is concerned. In such cases, the contracts may have a maximum duration of six months, within a period of 12 months, from the date on which such causes occur. By collective agreement of a sector-specific sector or, failing that, by sector collective agreement of a lower level, the maximum duration of these contracts may be modified and the period within which they can be carried out in the light of the seasonal activity in which such circumstances may occur. In such cases, the maximum period within which they may be carried out shall be 18 months, not exceeding the duration of the contract by three quarters of the reference period laid down or, at most, twelve months.

In the event that the contract has been concluded for a duration less than the legal or conventionally established maximum, it may be extended by agreement of the parties, for one only time, without the total duration of the contract may exceed that maximum duration.

By collective agreement it will be possible to determine the activities in which casual workers can be hired, and to establish general criteria regarding the appropriate relationship between the volume of this contractual modality and the total company template.

(c) In the case of replacement of workers with the right to reserve the job, provided that the name of the replacement and the cause of substitution are specified in the employment contract.

2. They shall acquire the status of fixed workers, irrespective of the manner in which they were employed, who would not have been discharged into social security after a period of time equal to that which could have been legally fixed for the proof period, except that the nature of the activities or the services contracted is clearly shown to be the temporary duration of the activities, without prejudice to the other responsibilities to which it may be held.

3. Temporary contracts concluded in law fraud shall be presumed for an indefinite period.

4. Employers shall notify the legal representation of employees in undertakings of contracts made in accordance with the arrangements for the time specified in this Article where there is no legal obligation. to deliver basic copy of the same.

5. Without prejudice to paragraphs (1) (a), (2) and (3), workers who, within a period of 30 months, have been engaged for a period exceeding 24 months, with or without a continuity solution, for the same or different period of time (a) a job with the same undertaking or group of undertakings, by means of two or more temporary contracts, either directly or through its making available by temporary employment undertakings, with the same or different contractual arrangements for the duration of the contract; determined, they will acquire the condition of fixed workers.

The above paragraph shall also apply where there are assumptions of succession or business subrogation in accordance with the provisions laid down in law or conventionally.

Taking into account the peculiarities of each activity and the characteristics of the job, collective bargaining will establish requirements aimed at preventing the abusive use of fixed-term contracts. different workers to carry out the same job as previously covered with contracts of that nature, with or without a continuity solution, including the contracts for making available to temporary work enterprises.

The provisions of this paragraph shall not apply to the use of training, relief and interinity contracts, temporary contracts concluded in the framework of public employment-training programmes, as well as to the temporary contracts which are used by duly registered insertion undertakings and the subject-matter of such contracts is regarded as an essential part of a personalised insertion route.

6. Workers on fixed-term contracts and fixed-term contracts shall have the same rights as workers with contracts of indefinite duration, without prejudice to the specific particularities of each of the contractual arrangements in question. (a) the term of the contract and those expressly provided for in the law in connection with the training contracts. Where appropriate to their nature, such rights shall be recognised in the laws and regulations and in collective agreements in a proportional manner, on the basis of the time worked.

When a given right or condition of work is attributed to the laws or regulations and collective agreements according to a previous seniority of the worker, it must be computed according to the same criteria for all workers, whatever their mode of recruitment.

7. The employer must inform the employees of the undertaking with fixed-term or temporary contracts, including training contracts, on the existence of vacant posts, in order to guarantee them the same opportunities as access to permanent posts which the other employees. This information may be provided by a public announcement at an appropriate place of the business or workplace, or through other means provided for in collective bargaining, to ensure the transmission of the information.

Conventions may set objective criteria and conversion commitments for fixed-term or temporary contracts in indefinite contracts.

Collective agreements will provide for measures to facilitate the effective access of these workers to the actions included in the vocational training system for employment in the field of employment, in order to improve their skills and promote their career progression and mobility.

8. In the cases referred to in paragraphs 1 (a) and 5, the employer shall provide the worker in writing within 10 days of the time limit laid down in a supporting document on his new status as a fixed worker. the company. In any event, the worker may apply, in writing, to the Public Employment Service for a certificate of fixed-term or temporary contracts concluded for the purposes of being able to prove his status as a fixed worker in the company. The Public Employment Service shall issue such a document and shall bring it to the attention of the undertaking in which the worker provides its services.

Article 16. Fijo-discontinuous contract.

1. The permanent fijo-discontinuous contract will be arranged to carry out works that have the character of fixed-discontinuous and are not repeated on certain dates, within the normal volume of activity of the company.

In the case of non-continuous work on certain dates, the regulation of the part-time contract concluded for an indefinite period of time will apply to them.

2. The fixed-discontinuous workers shall be called in the order and the form to be determined in the respective collective agreements, being able the worker, in case of non-compliance, to claim in procedure of dismissal before the social jurisdiction, the time limit for this is initiated from the moment when the lack of a call is known.

3. This contract must be formalised in writing in the model to be drawn up and must include an indication of the estimated duration of the activity and the form and order of appeal laid down by the The applicable collective, including, in an indicative manner, the estimated working day and its hourly distribution.

4. Collective agreements at sectoral level may, where the specificities of the activity of the sector so warrant, agree to the part-time conclusion of fixed-discontinuous contracts, as well as the requirements and specialties for the sector. conversion of temporary contracts into fixed-discontinuous contracts.

Section 2. Third Rights and Duties derived from the contract

Article 17. Non-discrimination in industrial relations.

1.It will be null and void to apply the regulatory precepts, clauses of collective agreements, individual covenants and unilateral decisions of the employer giving rise to employment, as well as remuneration, working time and other working conditions, situations of direct or indirect discrimination unfavourable on grounds of age or disability or of situations of direct or indirect discrimination on grounds of sex, origin, including racial or ethnic, marital status, social status, religion or belief, political ideas, orientation or sexual status, membership or non-trade unions and their agreements, relationships with persons belonging to or related to the company and language within the Spanish State.

The orders to discriminate and the decisions of the employer which result in an unfavourable treatment of workers in response to a complaint made in the undertaking or to an administrative or administrative action shall also be null and void. The Court of Justice has sought to enforce the principle of equal treatment and non-discrimination.

2. Exclusions, reservations and preferences may be established by law to be freely engaged.

3. By way of derogation from the above paragraph, the Government may regulate reserve, duration or preference measures in employment which are intended to facilitate the placement of job-seeking workers.

The government will also be able to provide grants, relief and other measures to encourage the use of specific groups of workers who encounter special difficulties in accessing employment. The regulation of these will be made after consultation with the most representative trade union organisations and associations.

The measures referred to in the preceding paragraphs shall be directed primarily to promote the stable employment of unemployed workers and the conversion of temporary contracts into contracts for an indefinite period.

4. Without prejudice to the provisions of the above paragraphs, collective bargaining may provide for positive action measures to promote women's access to all professions. To this end, it may establish reservations and preferences under the conditions of employment so that, on an equal basis, the persons of the least-represented sex in the professional group who are less represented in the be treated.

In addition, collective bargaining will be able to establish such measures under the conditions of professional classification, promotion and training, so that, on an equal basis, people of the less represented sex in order to promote their access to the professional group or job in question.

5. The establishment of equality plans in companies will be in accordance with the provisions of this law and the Organic Law 3/2007 of 22 March for the effective equality of women and men.

Article 18. Inviolability of the worker's person.

Records may be made only on the person of the worker, in his lockers and particular effects, when they are necessary for the protection of the business and other employees of the company, within the working and working hours. In its implementation, the dignity and the privacy of the worker will be respected to the maximum and will be provided with the assistance of a legal representative of the workers or, in his absence from the job centre, of another worker of the company, provided that this is possible.

Article 19. Safety and health at work.

1. The worker, in the provision of his services, shall be entitled to effective protection in the field of safety and health at work.

2. The worker is obliged to observe in his work the legal and regulatory measures of safety and health at work.

3. In the inspection and control of such measures which are enforced by the employer, the worker has the right to participate by means of his legal representatives in the workplace, if he does not have organs or centres specialised in the field under the legislation in force.

4. The employer is obliged to ensure that each worker receives a sufficient and adequate theoretical and practical training in preventive matters both at the time of his recruitment, whatever the modality or duration of the contract, and when he/she is make changes to the functions that new technologies or changes in the work teams perform or introduce. The worker is obliged to follow the training and to carry out the practices. All of this in the terms of Law 31/1995 of 8 November, the Prevention of Occupational Risks, and in their implementing rules, as soon as they are applicable to them.

5. The prevention delegates and, failing that, the legal representatives of workers in the workplace, who appreciate a serious and serious probability of accident because of the non-compliance with the relevant legislation, will require the employer in writing to take appropriate measures to remove the risk status; if the request is not addressed within four days, it shall be addressed to the competent authority; it shall, if it appreciates the circumstances alleged, by way of resolution, it will require the employer to take the security measures or suspend its activities in the area or place of work or the material in danger. You may also order, with precise technical reports, the immediate cessation of work if an accident is estimated to be serious.

If the risk of accident is imminent, the cessation of activities may be agreed upon by the workers ' representatives, by a majority of its members. Such an agreement may be adopted by a majority decision of the prevention delegates where it is not possible to meet the required urgency of the staff representation body. The agreement will be immediately communicated to the company and the labor authority, which, within twenty-four hours, will cancel or ratify the agreed standstill.

Article 20. Management and control of work activity.

1. The worker shall be obliged to carry out the work agreed under the management of the employer or person in whom the employer is delegated.

2. In the performance of the obligation to work assumed in the contract, the worker owes to the employer the diligence and collaboration in the work that mark the legal provisions, the collective agreements and the orders or instructions adopted by that in the regular exercise of its powers of management and, in its absence, by the uses and customs. In any event, the worker and the employer shall be subject to the requirements of good faith in their reciprocal benefits.

3. The employer may take the measures he considers to be more appropriate for supervision and control in order to verify compliance by the worker with his duties and duties, keeping in his adoption and application the consideration due to his or her dignity. and taking into account, where appropriate, the real capacity of workers with disabilities.

4. The employer may verify the health of the worker who is alleged by the worker to justify his or her lack of work assistance, by means of recognition by medical staff. The refusal of the worker to such recognition may determine the suspension of the economic rights which may be imposed by the employer in respect of such situations.

Article 21. Non-concurrency and permanence pact in the company.

1. The employment performance of a worker may not be carried out for a number of employers where unfair competition is considered or when full dedication is agreed upon by express economic compensation, in terms of which they are agreed.

2. The non-compete agreement for after the end of the contract of employment, which may not be longer than two years for technicians and six months for other workers, shall be valid only if the following conditions are met:

(a) That the employer has an effective industrial or commercial interest in this.

b) That the worker is satisfied with adequate economic compensation.

3. In the case of economic compensation for full dedication, the worker may terminate the agreement and recover his or her freedom of work in another job, communicating it in writing to the employer with a period of notice of thirty days, economic compensation or other rights attached to full dedication.

4. Where the worker has received a professional specialization from the employer to initiate certain projects or to carry out a specific job, the person may be able to remain in that undertaking for a certain period of time. The agreement shall not be longer than two years and shall be formalised in writing. If the worker leaves the job before the deadline, the employer shall be entitled to compensation for damages.

Section 3. Professional Classification and Promotion at Work

Article 22. Professional classification system.

1. By collective bargaining or, failing that, agreement between the undertaking and the workers ' representatives, the system of professional classification of workers shall be established by means of professional groups.

2. A professional group shall be understood to group together the professional skills, qualifications and general content of the benefit, and may include different tasks, functions, professional specialties or responsibilities assigned to the worker.

3. The definition of professional groups shall be based on criteria and systems aimed at ensuring the absence of discrimination, both direct and indirect, between women and men.

4. By agreement between the worker and the employer a professional group shall be assigned to the worker and the performance of all the tasks corresponding to the group shall be established as the content of the work contract. professional assigned or only one of them. When the functional polyvalence or the performance of functions of more than one group is agreed, the equalization shall be performed by virtue of the functions that are performed for the longest time.

Article 23. Promotion and vocational training at work.

1. The worker shall be entitled:

(a) In the enjoyment of the necessary permits to attend examinations, as well as a preference to choose work shift, if such is the regime established in the company, when curse regularly studies to obtain a academic or professional qualifications.

b) To the adaptation of the ordinary working day for the attendance of vocational training courses.

(c) to the granting of the appropriate permits for vocational training or further training with a job reserve.

d) To the training required for adaptation to the modifications operated in the job. The same shall be borne by the undertaking, without prejudice to the possibility of obtaining the appropriations for training to this end. The time spent on training shall in any case be considered as effective working time.

2. In collective bargaining, the terms of the exercise of these rights shall be agreed upon, which shall be in accordance with criteria and systems ensuring the absence of discrimination, both direct and indirect, between workers of one sex and another.

3. Workers with at least one year's seniority in the company are entitled to a paid leave of 20 hours per year of vocational training for employment, linked to the business of the undertaking, which can be accumulated for up to five years. years. The right shall be deemed to be fulfilled in any event where the worker is able to carry out training activities aimed at obtaining vocational training for employment within the framework of a training plan developed by a business initiative or committed by collective bargaining. Without prejudice to the foregoing, it shall not be possible to understand in the right referred to in this paragraph the training which the undertaking is required to provide in accordance with other laws. In the absence of a collective agreement, the definition of the means of enjoyment of the permit shall be determined by mutual agreement between the worker and the employer.

Article 24. Promotions.

1. Promotions within the system of professional classification shall be produced in accordance with what is established in agreement or, failing that, in collective agreement between the undertaking and the representatives of the employees.

In any case the promotions will be produced taking into account the training, merits, seniority of the worker, as well as the organizational faculties of the entrepreneur.

2. Promotions and professional promotion in the company will be in accordance with criteria and systems that aim to guarantee the absence of discrimination, both direct and indirect, between women and men, and action measures can be put in place. positive to eliminate or compensate for situations of discrimination.

Article 25. Economic promotion.

1. The worker, on the basis of the work carried out, may be entitled to an economic promotion in terms of collective agreement or individual contract.

2. The provisions of the above paragraph are without prejudice to the rights acquired or in the course of acquisition in the relevant time tranche.

Section 4. Salaries and salary guarantees

Article 26. Of the salary.

1.The whole of the economic perceptions of workers, in money or in kind, by the professional provision of the employment services for others, will be considered as pay, whether they pay for the actual work, any that is the form of remuneration, or the periods of rest you can use as work.

In no case, including the special employment relationships referred to in Article 2, the salary in kind may exceed 30% of the worker's wage perceptions, or give rise to the minorisation of the whole amount in money from the inter-professional minimum wage.

2. No consideration shall be given to the salary of the sums paid by the worker in respect of compensation or to the costs incurred as a result of his work, the benefits and benefits of the Social Security and compensation for transfers, suspensions or redundancies.

3. By collective bargaining or, failing that, the individual contract, the structure of the salary, to be understood by the basic salary, shall be determined as remuneration fixed per unit of time or work and, where appropriate, salary supplements fixed in the light of circumstances relating to the personal conditions of the worker, the work carried out or the situation and the results of the undertaking, which shall be calculated in accordance with the criteria to be agreed. The consolidated or non-consolidated character of such salary supplements shall also be agreed, not having the character of consolidables, unless otherwise agreed, those linked to the job or the situation and results of the undertaking.

4. All the tax and social security charges paid by the worker will be met by the worker, with no pact to the contrary.

5. It shall operate compensation and absorption where the wages actually paid, as a whole and annual calculation, are more favourable to workers than those set out in the standard or conventional reference order.

Article 27. Minimum interprofessional salary.

1. The Government shall, after consultation with the most representative trade union organisations and business associations, annually, the minimum inter-professional salary, taking into account:

a) The consumer price index.

b) The national average productivity achieved.

c) The increase in the participation of work in national income.

d) The general economic conjuncture.

A half-yearly review will also be set for the case that forecasts of the quoted price index are not met.

The revision of the inter-professional minimum wage will not affect the structure or the amount of professional salaries when they, as a whole and annual computation, are higher than that.

2. The minimum inter-professional salary, in its amount, is inembargable.

Article 28. Equal pay on grounds of sex.

The employer is obliged to pay for the provision of equal value work the same remuneration, directly or indirectly, and whatever the nature of the same, wage or extrasalarial, without any Any discrimination on grounds of sex in any of the elements or conditions of that person shall occur.

Article 29. Settlement and payment.

1. The settlement and payment of the salary shall be made on a timely and complete basis on the date and place agreed upon or in accordance with the customs and customs. The period of time referred to in the payment of regular and regular remuneration may not exceed one month.

The worker and, with their authorization, their legal representatives, shall be entitled to receive, without the day indicated for payment, advances on account of the work already done.

The salary documentation shall be made by delivery to the worker of an individual receipt and proof of payment. The receipt of salaries shall be in accordance with the model approved by the Ministry of Employment and Social Security, except that by collective agreement or, failing that, by agreement between the company and the workers ' representatives, another model shall be established. it contains, with due clarity and separation, the different perceptions of the worker, as well as the deductions that are legally applicable.

The settlement of wages that correspond to those who provide services in jobs that have the character of fixed-discontinuous, in the assumptions of the conclusion of each period of activity, will be carried out with the formalities and guarantees provided for in Article 49.2.

2. The right to pay to commission shall be incurred at the time of the business, placement or sale in which the worker has intervened, settling and paying, unless otherwise agreed upon, at the end of the year.

The worker and his legal representatives may at any time request communications from the part of the books concerning such accruals.

3. The default interest in paying the salary will be ten percent of the due.

4. The salary, as well as the delegated payment of the benefits of the Social Security, may be effected by the employer in legal tender or by cheque or other similar payment method through credit institutions, after report to the committee of company or staff delegates.

Article 30. Impossibility of delivery.

If the worker is unable to provide his/her services once the contract is in force because the employer will delay in giving him/her work for impediments attributable to the worker and not the worker, the worker will retain the right to his/her salary, without can be made to compensate for the one lost with another job done in another time.

Article 31. Extraordinary rewards.

The worker is entitled to two extraordinary bonuses per year, one of them on the occasion of the Christmas holidays and the other in the month to be fixed by collective agreement or by agreement between the employer and the representatives legal workers. The amount of such consideration shall also be fixed by collective agreement.

However, it may be agreed in collective agreement that the extraordinary rewards are prorated in the twelve monthly allowances.

Article 32. Salary guarantees.

1. Wage credits for the last 30 days of work and in amounts not exceeding twice the minimum inter-professional wage shall be preferred over any other claim, even if this is guaranteed by pledge or mortgage.

2. The wage credits shall preferably enjoy any other claim in respect of the objects made by the workers while they are owned or held by the employer.

3. Claims for wages not covered by the preceding paragraphs shall be uniquely privileged in the amount to be multiplied by three times the minimum inter-professional salary for the number of days of the salary outstanding. payment, preferably enjoying any other claim, except for claims in real law, in the cases where they, in accordance with the law, are preferential. The same consideration shall be made for redundancy payments in the amount corresponding to the legal minimum calculated on a basis not exceeding three times the minimum wage.

4. The period for exercising the rights of preference of the wage credit is one year, from the moment the salary was collected, after which they will prescribe such rights.

5. The preferences referred to in the preceding paragraphs shall apply in all cases where, in the absence of the employer declared in competition, the corresponding claims are made with another or other claims on the goods of that person. In the event of a contest, the provisions of Law 22/2003, of July 9, Bankruptcy, relating to the classification of credits and to executions and awards, shall apply.

Article 33. The Wage Guarantee Fund.

1. The Salarial Guarantee Fund, an autonomous body attached to the Ministry of Employment and Social Security, with legal personality and capacity to act for the purposes of its purposes, shall pay the workers the amount of the outstanding salaries payment due to insolvency or the employer's contest.

To the above effects, the amount recognized as such in the act of conciliation or in judicial resolution for all the concepts referred to in Article 26.1, as well as the processing salaries in the cases in which they are legally free, without the Fund being able to pay, either jointly or separately, an amount exceeding the amount resulting from multiplying twice the daily inter-professional minimum wage, including the (a) the number of days of salary to be paid, in proportion to the number of days of salary outstanding; maximum of one hundred and twenty days.

2. The Salarial Guarantee Fund, in the cases referred to in the preceding paragraph, shall pay compensation recognised as a result of a judgment, order, act of judicial conciliation or administrative decision in favour of workers on the grounds of dismissal or termination of contracts under Articles 50, 51 and 52 of this Law, and of the termination of contracts under Article 64 of Law 22/2003 of 9 July, Insolvency, as well as the termination of temporary or temporary contracts determined in the cases which are legally applicable. In all cases with the maximum limit of an annuity, without the daily wage, the basis of the calculation, to exceed double the minimum interprofessional salary, including the proportional portion of the extraordinary pagas.

The amount of the compensation, to the sole effect of payment by the Guarantee Fund for the cases of dismissal or extinction of the contracts under Article 50 of this law, will be calculated on the basis of thirty days per year of service, with the limit set in the previous paragraph.

3. In the case of a procedure where the existence of work credits is known or the possibility of its existence is assumed, the judge, on his own initiative or at the request of a party, shall cite the Salarial Guarantee Fund, without the requirement of which the obligations referred to in the preceding paragraphs shall not be met. The Fund shall be placed in the file as a subsidiary legal officer for the payment of the said credits, and may request what is appropriate and without prejudice to the fact that, once it has been carried out, it continues as a creditor in the file. For the purposes of the payment by the Fund of amounts which are recognised in favour of workers, the following rules shall be taken into account:

First. Without prejudice to the alleged direct responsibility of the body in the legally established cases, the recognition of the right to benefit shall require that the claims of the workers appear on the list of creditors or, in their case, recognised as debts of the mass by the body of the competition competent to do so in an amount equal to or greater than that requested from the Fund, without prejudice to the obligation of those to reduce their application or to reimburse the Fund for the amount which corresponds when the amount recognised in the final list is less than the amount requested or the already perceived.

Second. The compensation to be paid by the Fund, irrespective of what may be agreed upon in the insolvency proceedings, shall be calculated on the basis of 20 days per year of service, with the maximum limit of an annuity, without the daily wage, base of the calculation, may exceed twice the minimum inter-professional salary, including the proportional share of the extraordinary payments.

Third. In the event that the workers receiving the compensation from the Fund apply for the payment of the part of the compensation not paid by the employer, the limit on the compensation provided by the Fund shall be reduced by the amount already perceived by those.

4. The Fund shall assume the obligations specified in the preceding paragraphs, subject to the instruction of the file for verification of its provenance.

For the reimbursement of the amounts satisfied, the Salarial Guarantee Fund shall be subrogated in the rights and actions of the workers, retaining the character of the privileged credits conferred on them by the article 32 of this law. If such claims are in place with which the workers may be kept by the Fund, some and all of them shall be paid in proportion to their respective amounts.

5. The Salary Guarantee Fund will be financed by contributions made by all the entrepreneurs referred to in Article 1.2 of this Law, whether they are public or private.

The rate of contribution shall be fixed by the Government on wages which serve as the basis for the calculation of the contribution to pay for contingencies arising from accidents at work, occupational disease and unemployment in the system of Social Security.

6. For the purposes of this article it is understood that there is insolvency of the employer when, instated the execution in the form established by Law 36/2011, of October 10, Regulatory of the Social Jurisdiction, not to obtain satisfaction of the credits work. The decision on the insolvency declaration shall be issued after hearing of the Salarial Guarantee Fund.

7. The right to apply for the Salarial Guarantee Fund payment of the benefits resulting from the foregoing paragraphs shall be prescribed for the year of the date of the act of conciliation, judgment, order or judgment of the labour authority in which it is recognised. the debt for wages or the compensation shall be fixed.

Such a period shall be interrupted by the exercise of the executive or credit recognition actions in the insolvency proceedings and by the other legal forms of interruption of the prescription.

8. The Salarial Guarantee Fund shall be considered as part of the processing of the arbitral proceedings, in order to assume the obligations provided for in this article.

9. The Salarial Guarantee Fund shall provide for the protection provided for in this Article in respect of the unpaid claims of workers who are or have habitually exercised their work in Spain when they belong to an undertaking with an activity in the territory of at least two Member States of the European Union, one of which is Spain, where the following circumstances are combined:

(a) The opening of a collective procedure based on the insolvency of the employer in a Member State other than Spain, provided for by its legal and administrative provisions, involving the partial or total detaking of the employer and the appointment of a receiver or person exercising a similar function.

(b) It is established that the competent authority has, by virtue of those provisions, decided to open the procedure; or that it has established the definitive closure of the employer's undertaking or work centre, as well as the insufficiency of the available asset to justify the opening of the procedure.

When, in accordance with the terms set out in this paragraph, the protection of the unpaid credits corresponds to the Salarial Guarantee Fund, it will request information from the guarantee institution of the Member State in the the collective insolvency proceedings on the outstanding claims for payment of the employees and on those satisfied by the guarantee institution and will ask for their cooperation in order to ensure that the amounts paid to the employees workers are taken into account in the procedure, as well as to obtain reimbursement of those quantities.

10. In the case of insolvency proceedings requested in Spain in relation to an undertaking with an activity in the territory of at least one other Member State of the European Union, in addition to Spain, the Salarial Guarantee Fund shall be required to provide information to the guarantee institution of the State in whose territory the employees of the undertaking in the insolvency have exercised or habitually exercise their work, in particular by making the outstanding claims for payment of the workers, as well as those satisfied by the Salarial Guarantee Fund itself.

In addition, the Salarial Guarantee Fund shall provide the competent guarantee institution with the assistance required in connection with its intervention in the procedure and with the reimbursement of the amounts paid to them. workers.

Section 5. Time of Work

Article 34. Day.

1. The duration of the working day shall be that agreed in the collective agreements or contracts of employment.

The maximum duration of the ordinary working day will be forty hours of weekly average working hours on an annual basis.

2. By collective agreement or, failing that, by agreement between the company and the employees ' representatives, the irregular distribution of the day may be established during the year. In the absence of a pact, the company will be able to distribute ten percent of the working day in an irregular manner throughout the year.

Such distribution must in any event respect the minimum daily and weekly rest periods provided for in the law and the worker must know at least five days ' notice on the day and time of the work. resulting from that.

The compensation for differences, for excess or default, between the time taken and the maximum duration of the ordinary working day of legal or agreed work will be required as agreed in collective agreement or, in the absence of (i) a provision for the provision of information on the subject, by agreement between the company and the workers ' In the absence of a pact, the differences arising from the irregular distribution of the day must be offset within 12 months of the date of production.

3. Between the end of a day and the beginning of the next day, at least twelve hours will be measured.

The number of ordinary working hours may not exceed nine per day, except by collective agreement or, failing that, agreement between the company and the workers ' representatives, the distribution of the daily working time, while respecting the rest between days.

Workers under the age of 18 will not be able to carry out more than eight hours of effective daily work, including, where appropriate, the time spent on training and, if they work for several employers, the hours spent each of them.

4. Provided that the duration of the continuous daily working day exceeds six hours, a rest period shall be established for the duration of the day not less than 15 minutes. This rest period shall be considered as effective working time when it is established or established by collective agreement or contract of employment.

In the case of workers under the age of 18, the rest period shall be at least thirty minutes, and must be established provided that the duration of the continuous daily working day exceeds four hours and average.

5. The working time will be computed in such a way that both at the beginning and at the end of the day the worker is in his job.

6. An annual work schedule shall be drawn up by the company and a copy of the work calendar must be displayed in a visible place in each working centre.

7. The Government, on a proposal from the head of the Ministry of Employment and Social Security and after consulting the most representative trade union and business organisations, may establish extensions or limitations on the organisation and duration of the day of work and breaks, for those sectors and jobs that for their peculiarities so require.

8. The worker shall have the right to adapt the duration and distribution of the working day in order to make his right to the reconciliation of personal, family and work life effective on the terms established in collective bargaining or in the the agreement to be reached with the employer while respecting, where appropriate, what is foreseen in that case.

To this end, the use of continuous working day, flexible working hours or other modes of organisation of working time and breaks will be promoted, which will allow for the greater compatibility between the right to conciliation of the personal, family and work life of workers and improvement of productivity in enterprises.

Article 35. Overtime.

1. Special hours shall be considered for working hours on the maximum duration of the ordinary working day, fixed in accordance with the previous article. By collective agreement or, failing that, an individual contract, the overtime shall be paid in the amount to be fixed, which shall in no case be less than the value of the ordinary hour, or compensate for equivalent times of paid rest. In the absence of a pact in this respect, it shall be understood that overtime shall be compensated by rest within four months of its completion.

2. The number of overtime shall not exceed 80 per year, except as provided for in paragraph 3. For workers who, in the form or duration of their contract, conduct a day on an annual basis less than the general day in the undertaking, the annual maximum number of overtime shall be reduced by the same proportion as there is between such days.

For the purposes of the preceding paragraph, no overtime shall be taken into account which has been compensated by rest within four months of its completion.

The government may abolish or reduce the maximum number of overtime hours determined, in general or for certain branches of activity or territorial areas, in order to increase the opportunities for workers in a situation of unemployment.

3. For the purposes of the maximum duration of the ordinary working day, for the purposes of calculating the maximum number of authorised overtime, the excess of those worked to prevent or repair claims and other damage shall not be taken into account. extraordinary and urgent, without prejudice to their compensation as overtime.

4. The provision of overtime work shall be voluntary, unless the performance has been agreed in collective agreement or individual contract of employment, within the limits of paragraph 2.

5. For the purposes of calculating overtime, the working day of each worker shall be recorded on a daily basis and shall be aggregated in the period laid down for the payment of the remuneration, giving the worker a copy of the summary of the receipt.

Article 36. Night work, shift work and pace of work.

1. For the purposes of the provisions of this law, night work is considered to be carried out between ten in the evening and six in the morning. The employer who regularly makes use of night work must inform the working authority of this.

The working day of night workers may not exceed eight hours a day on average, in a reference period of 15 days. Such workers shall not be able to perform overtime.

For the purposes of applying the foregoing paragraph, a night worker shall be deemed to be a night worker who normally performs at night a part of not less than three hours of his daily working day, as well as to the person who it is foreseen that it can carry out in such a period not less than one third of its annual working day.

The provisions of Article 34.7 shall apply to the provisions of the second subparagraph, and the Government may establish additional limitations and guarantees as provided for in this Article for the purpose of carrying out night work in certain activities or by a certain category of workers, depending on the risks to their health and safety.

2. Night work shall have specific remuneration to be determined in collective bargaining, unless the salary has been established on the basis that the work is night by its nature or the compensation of the latter has been agreed. work for breaks.

3. It is considered work in shifts in all forms of organization of teamwork according to which the workers successively occupy the same jobs, according to a certain rhythm, continuous or discontinuous, involving for the worker the necessity of provide their services at different times within a specified period of days or weeks.

In companies with continuous production processes during the twenty-four hours of the day, in the organization of the shift work will be taken into account the rotation of the same and that no worker is in the night more than two consecutive weeks, except voluntary membership.

Companies which, by the nature of their activity, carry out work on a shift basis, including Sundays and public holidays, may do so either by teams of workers who carry out their activities for a full week, or by hiring staff to complete the necessary equipment for one or more days a week.

4. Night workers and those working in shifts must at all times enjoy a level of health and safety protection adapted to the nature of their work, and equivalent to that of the remaining employees of the company.

The employer must ensure that the night workers in charge have a free assessment of their health status, prior to their affectation to night work and subsequently at regular intervals, in the (a) the terms laid down in Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks and their implementing rules. Night workers who are recognised as having health problems linked to the fact of their night work shall have the right to be assigned to a day job which exists within the undertaking and for which they are professionally fit. The change of job shall be carried out in accordance with the provisions of Articles 39 and 41, where applicable, of this law.

5. The employer who organizes the work in the company according to a certain rhythm must take into account the general principle of adapting the work to the person, especially in order to attenuate the monotonous and repetitive work according to the type of (a) the activity and the requirements for the safety and health of workers. Such requirements shall be particularly taken into account when determining periods of rest during the working day.

Article 37. Weekly rest, parties and permits.

1. Workers shall be entitled to a minimum weekly rest period of up to 14 days, of a continuous day and a half, which shall, as a general rule, comprise the afternoon of Saturday or, where appropriate, the morning of Monday and the full day of the day of Sunday. The duration of the weekly rest of the children under eighteen years shall be at least two days uninterrupted.

The provisions of Article 34.7 in respect of extensions and reductions, as well as for the establishment of alternative rest regimes for specific activities, will result from the weekly rest.

2. The work parties, which shall be remunerated and not recoverable, shall not exceed fourteen per year, two of which shall be local. In any case they will be respected as parties of national scope those of the Nativity of the Lord, New Year, May 1, as Feast of Work, and October 12, as National Festival of Spain.

Respecting those expressed in the previous paragraph, the Government may transfer to the Mondays all the parties of national scope that take place between week, being, in any case, object of transfer to the Monday immediately after the work rest for the parties that coincide with Sunday.

The autonomous communities, within the annual limit of fourteen public holidays, will be able to point out those parties that are by tradition their own, replacing those at national level that are determined regulatively and, in all cases, those that are transferred to Monday. They may also make use of the transfer option to Monday provided for in the preceding paragraph.

If any autonomous community could not establish one of its traditional festivals because of the fact that it does not coincide with Sunday, a sufficient number of national parties will be able, in the year that this happens, to add a more party, with a character of recoverable, to the maximum of fourteen.

3. The worker, after warning and justification, may be absent from work, entitled to remuneration, for any of the reasons and for the following time:

a) Fifteen calendar days in case of marriage.

b) Two days for the birth of a child and for the death, accident or serious illness, hospitalization or surgical intervention without hospitalization requiring home rest, from relatives to the second degree of consanguinity or affinity. When the worker needs to make a move to the effect, the time limit will be four days.

c) One day per move of the usual address.

d) For the time indispensable, for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage. Where it is established in a legal or conventional rule for a given period, it shall be available for the duration of the absence and its economic compensation.

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than twenty per cent of the working hours in a period of three months, the undertaking may pass to the worker the situation of surplus regulated in Article 46.1.

In the event that the worker, by virtue of the duty or the performance of the charge, receives compensation, the amount of the same salary shall be deducted from the salary to which he was entitled in the company.

e) To perform union or staff representation functions on the terms established legally or conventionally.

(f) For the time required for the conduct of prenatal examinations and preparation techniques and, in the case of adoption, it is intended for adoption or acceptance, for the provision of services to information and preparation and for the performance of the prescriptive psychological and social reports prior to the declaration of suitability, always, in all cases, which must take place within the working day.

4. In the case of child birth, adoption, adoption or acceptance, in accordance with Article 45.1 (d), for the lactation of the child until he or she is nine months old, the workers shall be entitled to an hour of absence from the child. work, which may be divided into two fractions. The duration of the permit shall be increased proportionally in the cases of childbirth, adoption, or multiple adoption or reception.

Who exercises this right, by its will, may replace it with a reduction of its working day in half an hour for the same purpose or accumulate in full days in the terms foreseen in the collective bargaining or in the agreement to arrive with the employer while respecting, where appropriate, what is established in that case.

This permit constitutes an individual right of workers, men or women, but may only be exercised by one parent in case both work.

5. In the case of the birth of preterm children or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the work for an hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary. For the enjoyment of this permit, it shall be as provided for in paragraph 7.

6. Those who, for reasons of legal guardian, have a direct care of a person of less than twelve years or a person with disabilities who does not carry out a paid activity shall be entitled to a reduction in the daily working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of the salary.

It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

The parent, adopter, keeper for adoption or permanent welcoming shall be entitled to a reduction of the working day, with the proportional reduction of the salary of at least half the duration of the working day, for the care, during hospitalization and continued treatment, of the child's child affected by cancer (malignant tumors, melanomas and carcinomas), or by any other serious illness, involving long-term hospital admission and requiring the need for their direct, continuous and permanent care, accredited by the public health service or administrative body of the relevant autonomous community and, at most, until the child reaches the age of eighteen. By collective agreement, the conditions and assumptions in which this reduction of the day can be accumulated in full days may be established.

The reductions in working hours referred to in this paragraph constitute an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

7. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time, as provided for in paragraphs 4 and 6, shall correspond to the worker within his/her ordinary day. However, collective agreements may lay down criteria for the time-frame for the reduction of working hours referred to in paragraph 6, in the light of the rights of reconciliation of the worker's personal, family and working life, and the productive and organizational needs of the enterprises. The worker, except in force majeure, shall be required to provide the employer with a period of time of 15 days or to determine in the applicable collective agreement, specifying the date on which he or she shall initiate and terminate the breastfeeding permit or the reduction of the day.

The discrepancies between the employer and the worker on the time-frame and the determination of the periods of enjoyment provided for in paragraphs 4, 5 and 6 shall be resolved by the social jurisdiction through the the procedure laid down in Article 139 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction.

8. Workers who have the consideration of victims of gender-based violence or victims of terrorism will be entitled to the reduction of the working day with their protection or their right to comprehensive social assistance. a proportional reduction in the salary or rearrangement of working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of working time to be used in the enterprise.

These rights may be exercised in the terms that for these specific cases are laid down in collective agreements or agreements between the company and the employees ' representatives, or in accordance with the agreement between the company and the workers concerned. Failing this, the realization of these rights shall correspond to those rights, the rules laid down in the previous paragraph being applicable, including those relating to the resolution of discrepancies.

Article 38. Annual leave.

1. The annual paid leave period, which is not substitutable for economic compensation, shall be the agreed collective agreement or individual contract. In no case shall the duration be less than 30 calendar days.

2. The period or periods of their enjoyment shall be fixed by common agreement between the employer and the worker, in accordance with the provisions laid down in the collective agreements on annual holiday planning.

In case of disagreement between the parties, the social jurisdiction will set the date that for the enjoyment corresponds and its decision will be unfeasible. The procedure will be summary and preferred.

3. The holiday calendar will be fixed at each company. The worker will know the dates that correspond to him two months before, at least, the beginning of the enjoyment.

When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48 (4), (5) and (7), shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which, by application of the said precept was concerned, at the end of the period of suspension, even if the calendar year ended which correspond.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which they correspond, the worker may do so once his incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated.

CHAPTER III

Modifying, suspending, and extinguishing the work contract

Section 1. Functional and Geographic Mobility

Article 39. Functional mobility.

1. The functional mobility within the undertaking shall be carried out according to the academic or professional qualifications required to perform the work and with respect to the dignity of the worker.

2. Functional mobility for the performance of functions, both higher and lower, not corresponding to the professional group will only be possible if there are also technical or organizational reasons to justify it and for the necessary time for your attention. The employer must communicate his/her decision and the reasons for it to the employees ' representatives.

In the case of a discharge of duties exceeding those of the professional group for a period of more than six months for a year or eight for two years, the worker may claim the promotion if he does not obtain the provisions of the collective agreement or, in any case, the coverage of the vacancy corresponding to the functions performed by the person in accordance with the rules on promotions applicable in the company, without prejudice to the corresponding salary difference. These actions will be cumulative. Against the refusal of the undertaking, and subject to the report of the committee or, where appropriate, of the staff delegates, the worker may claim before the social court. By collective bargaining, periods other than those expressed in this article may be established for the purpose of claiming vacancy coverage.

3. The worker shall be entitled to the remuneration corresponding to the duties which he or she actually carries out, except in the case of a charge of lower duties, in which he shall maintain the remuneration of origin. It will not be possible to invoke as a cause of dismissal objective the overcoming ineptitude or the lack of adaptation in the supposed performance of functions other than the usual ones as a consequence of the functional mobility.

4. The change of functions other than the agreed ones not included in the assumptions provided for in this article will require the agreement of the parties or, failing that, the submission to the rules foreseen for the substantial modifications of the conditions of the or to which they have been established in collective agreement.

Article 40. Geographical mobility.

1. The transfer of workers who have not been recruited specifically to provide their services in companies with mobile or mobile work centres to a work centre other than the same undertaking requiring changes of residence will require the the existence of economic, technical, organisational or production reasons which justify it. These shall be considered to be such as to be related to the competitiveness, productivity or technical organisation or work in the enterprise, as well as the hiring of the business.

The transfer decision must be notified by the employer to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness.

Notified of the transfer decision, the worker will have the right to choose between the transfer, perceiving compensation for expenses, or the extinction of his contract, perceiving a compensation of twenty days of salary per year of service, prorating for months the periods of time less than one year and with a maximum of twelve monthly payments. The compensation referred to in the first case shall include both the own costs and the costs of the family members in his office, in the terms agreed between the parties, and shall never be less than the minimum limits laid down in the conventions. collectives.

Without prejudice to the enforceability of the transfer within the period of incorporation cited, the worker who, having not opted for the termination of his contract, is disagreeable with the business decision may challenge her to the social jurisdiction. The judgment shall declare the transfer justified or unjustified and, in the latter case, shall recognise the right of the worker to be reinstated to the home working centre.

When, in order to circumvent the forecasts contained in the following paragraph, the undertaking carries out transfers in successive periods of 90 days in number below the thresholds laid down therein, without new causes being met. justify such action, such new transfers shall be deemed to have been made in law fraud and shall be declared null and void.

2. The transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 15 days, when the whole of the work centre is affected, provided that (a) in the case of a worker, or where, without affecting the whole of the work centre, in a period of 90 days he or she understands a number of workers, at least:

a) Ten workers, in companies with fewer than 100 employees.

b) Ten percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the workers affected. The consultation will be carried out in a single negotiating committee, but if there are several working centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

The representative commission of the workers must be constituted prior to the business communication of the beginning of the consultation procedure. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may communicate the beginning of the period of consultation to the representatives of the workers. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

The opening of the consultation period and the positions of the parties following their conclusion shall be notified to the working authority for their knowledge.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the legal representatives of the employees or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, they represent the majority of the the workers of the centre or centres of work concerned.

After the end of the consultation period, the employer shall notify the workers of his decision on the transfer, which shall be governed by all the provisions of paragraph 1.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action referred to in paragraph 1. The interposition of the conflict will paralyse the processing of the individual actions initiated, until their resolution.

The agreement with the employees ' representatives in the consultation period shall be without prejudice to the right of the workers concerned to exercise the option provided for in the third subparagraph of paragraph 1.

The employer and the representation of workers may at any time agree to replace the period of consultation referred to in this paragraph by the application of the mediation or arbitration procedure which is the scope of the undertaking, which must be developed within the maximum period specified for that period.

3. If by transfer one of the spouses changes residence, the other one, if he is a worker of the same company, will be entitled to the transfer to the same locality, if he has put in work.

4. Workers who have the consideration of victims of gender-based violence or victims of terrorism who are forced to leave the job in the locality where they were providing their services, to make their protection effective or their right to comprehensive social assistance, they shall have the right to take up another job, of the same professional group or equivalent category, to have the undertaking vacant in any other of their workplaces.

In such cases, the company will be obliged to communicate to workers the vacancies existing at that time or those that could be produced in the future.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the workers.

Terminated this period, workers will be able to choose between the return to their previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

5. To make their right to health protection effective, workers with disabilities who credit the need to receive a medical-functional or health care or rehabilitation treatment or treatment, treatment or guidance outside their locality In the case of the disabled, they will have the right to take up another job, from the same professional group, to have the company vacant in another of their workplaces in a locality where it is more accessible. treatment, in the terms and conditions set out in the previous paragraph for Women victims of gender-based violence and victims of terrorism.

6. For economic, technical, organizational or production reasons, or for contracts relating to business, the undertaking may make temporary displacements of its employees who require that they reside in a different population. from that of your usual address, paying, in addition to wages, travel expenses and allowances.

The worker must be informed of the posting in good time to the date of his/her effectiveness, which may not be less than five working days in the case of travel longer than three months; The worker shall be entitled to a leave of four working days at his home of origin for every three months of posting, without counting as such travel, the costs of which shall be borne by the employer.

Against the order of movement, without prejudice to its enforceability, the worker may use the same terms as provided for in paragraph 1 for transfers.

Displacements for a period of three years in excess of twelve months shall, for all purposes, have the treatment provided for in this law for transfers.

7. The legal representatives of workers shall have priority to remain in the posts referred to in this Article. By collective agreement or agreement reached during the consultation period, priority may be given to staying in favour of workers from other groups, such as workers with family burdens, older workers of a certain age or persons with disabilities.

Article 41. Substantial modifications of working conditions.

1. The management of the undertaking may agree to substantial changes in working conditions where there are proven economic, technical, organisational or production reasons. Such services shall be considered to be related to the competitiveness, productivity or technical organisation or work of the undertaking.

They will have the consideration of substantial modifications of working conditions, among others, that affect the following subjects:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39.

2. Substantial changes in working conditions may affect the conditions recognised for workers in the contract of employment, in collective agreements or agreements or enjoyed by them under a unilateral decision of the Council. Employer of collective effects.

The modification is considered to be a collective one that, in a period of ninety days, affects at least:

a) Ten workers, in companies with fewer than 100 employees.

b) Ten percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers, in companies that occupy more than three hundred workers.

It is considered as an individual character the modification that, in the reference period established, does not reach the thresholds indicated for the collective modifications.

3. The decision of a substantial change of working conditions of an individual character must be notified by the employer to the worker concerned and his legal representatives at least 15 days before the date of his application. effectiveness.

In the cases provided for in points (a), (b), (c), (d) and (f) of paragraph 1, if the worker is injured by the substantial modification, he shall be entitled to terminate his contract and to receive compensation of 20 days ' The year of service per month is extended for months for periods of less than one year and for a maximum of nine months.

Without prejudice to the enforceability of the modification within the time limit of effectiveness cited above, the worker who, having not opted for the termination of his contract, is disagreeable with the business decision challenge it in the face of social jurisdiction. The judgment shall state the justified or unjustified amendment and, in the latter case, shall recognise the right of the worker to be replaced in his earlier conditions.

When, in order to circumvent the forecasts contained in the following paragraph, the undertaking makes substantial changes to working conditions in successive periods of 90 days in number below the thresholds which Paragraph 2 for collective amendments, without any new causes justifying such action, shall be deemed to have been made in law fraud and shall be declared null and void.

4. Without prejudice to the specific procedures which may be laid down in collective bargaining, the decision on the substantial modification of working conditions of a collective nature shall be preceded by a period of consultation with the legal representatives of workers, of not more than 15 days, which will deal with the reasons for the business decision and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its effects. consequences for the workers concerned. The consultation will be carried out in a single negotiating committee, but if there are several working centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided they have the majority representation in the committees (a) a business or among the staff delegates of the centres of work concerned, in which case they shall represent all workers in the centres concerned.

In default of the preceding paragraph, the intervention as interlocutors will be governed by the following rules:

(a) If the procedure concerns a single working centre, it shall be the responsibility of the business committee or the staff delegates. In the absence of legal representation of workers in the workplace, they may choose to attribute their representation for the negotiation of the agreement, to their choice, to a commission of up to three members, consisting of: workers of the company itself and elected by those democratically or to a commission of equal number of components designated, according to their representativeness, by the most representative and representative trade unions of the sector to which the undertaking belongs and that they were legitimized to be part of the negotiating commission of the convention application collective to the same.

In the event that the negotiation takes place with the commission whose members are appointed by the trade unions, the employer may attribute its representation to the business organizations in which it is integrated, they may be the same as the most representative at the regional level, and irrespective of whether the organisation in which it is integrated is of a cross-sectoral or sectoral nature.

b) If the procedure affects more than one job centre, the intervention as partners will be:

First of all, to the inter-center committee, provided that it is attributed to that function in the collective agreement in which its creation would have been agreed upon.

In another case, a representative commission that will be constituted according to the following rules:

1. If all the work centers affected by the procedure have legal representatives of the workers, the commission will be integrated by them.

2. If one of the affected workplaces has legal representatives of the workers and others do not, the commission will be composed only of legal representatives of the workers of the centers that have those representatives. This is the case, unless the employees of the institutions who do not have legal representatives choose to appoint the commission referred to in point (a), in which case the representative commission shall be jointly composed of legal representatives of the institutions. the workers and members of the committees referred to in that paragraph, in proportion to the number of workers they represent.

In the event that one or more work centres affected by the procedure which do not have legal representatives of the workers opt out of the commission of letter (a), their representation will be assigned to them. legal representatives of the employees of the affected workplaces who have them, in proportion to the number of workers they represent.

3. If none of the work centers affected by the procedure has legal representatives of the workers, the representative commission shall be composed of those elected by and among the members of the (a) designated commissions in the work centres concerned in accordance with the provisions of point (a), in proportion to the number of workers they represent.

In all cases referred to in this paragraph, if as a result of the application of the above rules the initial number of representatives is greater than thirteen, they shall elect by and between them a maximum of thirteen, in proportion to the number of workers they represent.

The representative commission of the workers must be constituted prior to the business communication of the beginning of the consultation procedure. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure for the substantial modification of working conditions. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may communicate the beginning of the period of consultation to the representatives of the workers. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the legal representatives of the employees or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, they represent the majority of the the workers of the centre or centres of work concerned.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

Where the period of consultations is terminated by agreement, the supporting causes referred to in paragraph 1 shall be presumed to be present and may be challenged only in the case of social jurisdiction for the existence of fraud, doling, duress or abuse of law in its conclusion. This is without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of paragraph 3.

5. The decision on the collective modification of the working conditions shall be notified by the employer to the employees after the end of the period of consultations without agreement and shall take effect within seven days of the end of the period of notification.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action referred to in paragraph 3. The interposition of the conflict will paralyse the processing of individual actions initiated until their resolution.

6. The modification of the working conditions laid down in the collective agreements covered by Title III shall be carried out in accordance with Article 82.3.

7. The movement shall be subject to the provisions of the specific rules laid down in Article 40.

Section 2. Ensures for Business Change

Article 42. Subcontracting of works and services.

1. Employers who hire or subcontract with others the performance of works or services corresponding to the activity of those employers must verify that the contractors are aware of the payment of the Social Security contributions. They shall obtain in writing, with the identification of the undertaking concerned, a negative certification for discovery in the General Treasury of Social Security, which shall unexcusably provide such certification within thirty days. (a) to be extended and in the terms that are regulated. After this period, the applicant employer shall be exempt from liability.

2. The principal employer, except in the course of the period referred to above in respect of social security, and for the three years following the termination of his order, shall be liable in solidarity with the obligations relating to social security. contracted by contractors and subcontractors during the period of validity of the contract.

Of the obligations of a wage nature contracted by contractors and subcontractors with their employees will be jointly and severally liable for the year following the end of the contract.

There will be no liability for the acts of the contractor when the contracted activity relates exclusively to the construction or repair that a head of household may contract with respect to his dwelling, as well as owner of the work or industry does not contract its performance by reason of a business activity.

3. Employees of the contractor or subcontractor must be informed in writing by their employer of the identity of the principal undertaking for which they are providing services at any time. Such information shall be provided prior to the commencement of the service provision and shall include the name or social name of the principal employer, his registered office and his tax identification number. In addition, the contractor or subcontractor must report the identity of the principal undertaking to the General Treasury of the Social Security in the terms that are determined.

4. Without prejudice to the information on sub-contracting provisions referred to in Article 64 where the undertaking provides a contract for the provision of works or services with a contractor or subcontractor, it shall inform the the legal representatives of its employees on the following:

a) Social name, address, and tax identification number of the contractor or subcontractor.

b) The object and duration of the contract.

c) Place of contract execution.

d) Where appropriate, the number of workers to be employed by the contract or subcontract in the main company's employment center.

(e) Measures to be taken to coordinate activities from the point of view of the prevention of occupational risks.

When the main business, contractor or subcontractor continuously shares the same work centre, the first one must have a book record in which the above information is reflected in respect of all the Companies mentioned. This book will be available to the legal representatives of the workers.

5. The contractor or subcontractor shall also inform the legal representatives of its employees prior to the commencement of the execution of the contract, on the same ends as referred to in paragraph 3 and points (b) to (e). of paragraph 4.

6. The employees of the contractors and subcontractors, where they have no legal representation, shall have the right to ask the representatives of the employees of the undertaking questions relating to the conditions of execution of the undertaking. work activity, while sharing a work centre and lack of representation.

The provisions of the preceding paragraph shall not apply to the worker's claims in respect of the undertaking on which it depends.

7. The legal representatives of the employees of the main undertaking and of the contractors and subcontractors, when they continuously share the centre of work, may meet for the purpose of coordination between them and in relation to the conditions for the implementation of the work activity in accordance with Article 81.

The capacity for representation and scope of action of workers ' representatives, as well as their credit schedule, will be determined by the legislation in force and, where appropriate, by the collective agreements of application.

Article 43. Assignment of workers.

1. The hiring of workers to temporarily cede to another company may only be carried out through temporary work companies duly authorized in the terms that are legally established.

2. In any event, it is understood that the illegal transfer of workers referred to in this Article will be incurred in the event of any of the following circumstances: that the object of the service contracts between undertakings is limited to a mere making available to the employees of the undertaking the transferor to the transferee undertaking, or the transferor undertaking not having an activity or an organization of its own and stable, or does not have the means necessary for the development of its business; or does not exercise the functions inherent in his or her employer's condition.

3. Employers, transferors and transferee who infringe the provisions of the foregoing paragraphs shall be jointly and severally liable for the obligations of employees and for social security, without prejudice to other responsibilities, including penalties, which shall be carried out by such acts.

4. Workers subject to prohibited traffic shall have the right to acquire the condition of fixed, at their choice, in the transferring or transferee undertaking. The rights and obligations of the worker in the transferee undertaking shall be those which correspond under ordinary conditions to a worker who provides services in the same or equivalent job, but the age shall be counted from the start of the illegal assignment.

Article 44. The succession of business.

1. The change of ownership of a company, a job centre or a self-employed productive unit will not by itself extinguish the employment relationship, leaving the new employer subrogated in the rights and obligations of the company and the social security of the company. above, including pension commitments, in the terms laid down in their specific rules, and, in general, how many supplementary social protection obligations the transferor has acquired.

2. For the purposes of this Article, a succession of undertakings shall be deemed to exist where the transmission affects an economic entity which maintains its identity, understood as a set of organised means in order to carry out a economic, essential or ancillary activity.

3. Without prejudice to the provisions of the Social Security legislation, the transferor and the transferee, in the broadcasts which take place by means of live acts, shall be jointly and severally liable for three years of the employment obligations arising from the prior to the transmission and that they would not have been satisfied.

The transferor and the transferee shall also be jointly and severally liable for obligations arising after the transfer, where the transfer was declared a crime.

4. Unless otherwise agreed, established by agreement between the transferee and the representatives of the workers after the succession has been consummated, the labor relations of the workers affected by the succession will continue to be governed by the collective agreement which at the time of the transfer is applicable in the undertaking, working centre or autonomous productive unit transferred.

This application shall be maintained until the date of expiry of the collective agreement of origin or until the entry into force of another new collective agreement applicable to the transmitted economic entity.

5. Where the undertaking, the centre of work or the productive unit which is the subject of the transfer retains its autonomy, the change in ownership of the employer shall not in itself extinguish the mandate of the legal representatives of the employees, who shall remain exercising their functions on the same terms and under the same conditions as they previously governed.

6. The transferor and the transferee shall inform the legal representatives of their respective workers affected by the change of ownership of the following:

a) Expected date of the transmission.

b) Motives of the transmission.

c) Legal, economic and social consequences for workers of transmission.

(d) Planned measures for workers.

7. If there are no legal representatives of the workers, the transferor and the transferee shall provide the information referred to in the preceding paragraph to workers who may be affected by the transmission.

8. The transferor shall be obliged to provide the information referred to in the preceding paragraphs in good time before the transmission is carried out. The transferee shall be obliged to communicate this information in good time and, in any event, before its employees are affected in their conditions of employment and work by the transmission.

In the cases of merger and division of companies, the transferor and the transferee will have to provide the indicated information, in any case, at the time of publication of the call for the general meetings to be adopted by the respective agreements.

9. The transferor or the transferee who intends to adopt, on the occasion of the transfer, measures of employment in relation to its workers will be obliged to initiate a period of consultations with the legal representatives of the workers on the measures and its consequences for the workers. Such a period of consultation shall be held in good time before the measures take effect. During the consultation period, the parties shall negotiate in good faith with a view to reaching an agreement. Where the measures envisaged consist of collective transfers or substantial modifications of the working conditions of a collective nature, the procedure for the period of consultations referred to in the preceding paragraph shall be adjusted to the set in Articles 40.2 and 41.4.

10. The reporting and consultation obligations set out in this Article shall apply irrespective of whether the decision on the transfer has been taken by the transferor and the transferee or by the undertakings exercising control. on them. Any justification of those based on the fact that the undertaking which took the decision has not provided them with the necessary information may not be taken into consideration for that purpose.

Section 3. Contract Suspension

Article 45. Causes and effects of the suspension.

1. The employment contract may be suspended for the following reasons:

a) Mutual agreement of the parties.

(b) Those entered validly in the contract.

c) Temporary Incapacity of Workers.

(d) Maternity, paternity, adoption, maintenance for adoption or acceptance, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, children under six years of age or under six years of age who are older than six years of age in the case of minors with disabilities or who, due to their circumstances and personal experience or who have come from abroad, have particular difficulties of social inclusion and family members duly accredited by the competent social services.

e) Risk during pregnancy and risk during natural lactation for a child of less than nine months.

f) Representative public charge exercise.

g) Privation of the worker's freedom, as long as there is no conviction.

h) Suspension of employment and pay, for disciplinary reasons.

i) Force majeure.

j) Economic, technical, organizational or production causes.

k) Forcible exceding.

l) Exercise of the right to strike.

m) Legal closure of the company.

n) Decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence.

2. The suspension exonerates the reciprocal obligations to work and remunerate the work.

Article 46. Excess.

1. The surplus may be voluntary or compulsory. The force, which will give the right to the preservation of the post and the calculation of the age of its validity, will be granted by the designation or election for a public office that makes it impossible to attend the work. The re-entry must be requested within the month following the end of the public office.

2. The worker with at least one year's age in the company has the right to be recognised as being on a voluntary basis for a period of not less than four months and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous voluntary leave.

3. Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, either by nature or by adoption or in the case of a guardian for adoption or acceptance. permanent, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than two years, unless a longer duration is established by collective bargaining, workers to care for the care of a relative until the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by itself, and does not carry out paid activity.

The excess referred to in this paragraph, the period of which may be enjoyed in a split form, constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, whose participation must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

However, where the worker is part of a family which is officially recognised as a large family, the reserve of his/her job shall be extended to a maximum of 15 months in the case of a large family of general category, and up to a maximum of eighteen months in the case of a special category.

4. They may also apply for their transition to the status of leave of absence within the undertaking for workers who perform trade union functions at a provincial or higher level for the duration of the exercise of their representative office.

5. The worker on voluntary leave retains only a right of preference for reentry in vacancies of equal or similar status to his or her own that would have been or were produced in the company.

6. The situation of surplus may be extended to other collectively agreed assumptions, with the scheme and the effects provided there.

Article 47. Suspension of the contract or reduction of working time for economic, technical, organizational or production reasons or derived from force majeure.

1. The employer may suspend the contract of employment for economic, technical, organisational or production reasons, in accordance with the provisions of this Article and the procedure to be determined by law.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of staff work or in the way of organizing production and production causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

The procedure, which shall be applicable to any number of employees of the undertaking and the number of persons affected by the suspension, shall be initiated by means of communication to the competent labour authority and the simultaneous opening of a period of consultation with the legal representatives of workers of a duration not exceeding 15 days.

The consultation will be carried out in a single negotiating committee, but if there are several work centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

The representative commission of the workers must be constituted on the basis of the business communication of the opening of the consultation period. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may formally communicate to the representatives of the workers and the labor authority the beginning of the period of consultations. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

The labour authority shall transfer the business communication to the managing body of the unemployment benefits and shall seek a mandatory report from the Labour and Social Security Inspectorate on the end of the work. communication and on the development of the consultation period. The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

When the period of consultations is concluded by agreement, the supporting causes referred to in the first paragraph shall be presumed to be present and may be challenged only in the case of the social jurisdiction for the existence of fraud, or abuse of law in its conclusion.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the legal representatives of the employees or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, they represent the majority of the the workers of the centre or centres of work concerned.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

After the end of the consultation period, the employer shall notify the employees and the employment authority of their decision on the suspension of contracts, which shall take effect from the date of their communication to the authority. work, unless a later one is included in the work. The employment authority shall communicate the business decision to the managing body of the unemployment benefit.

If within 15 days of the date of the last meeting held in the consultation period, the employer has not informed the employees ' representatives and the labour authority of their decision on the suspension of contracts, the expiry of the procedure shall occur in the terms that are regulated.

The business decision may be challenged by the labour authority at the request of the managing body of the unemployment benefit where the latter could have as its object the misuse of the benefits by the workers affected by the absence of the motivating cause of the legal situation of unemployment.

Against the decisions referred to in this paragraph, the worker shall be entitled to claim to the social jurisdiction that he shall declare the measure justified or unjustified. In the latter case, the judgment shall declare the immediate resumption of the contract of employment and shall condemn the employer to the payment of the wages paid by the worker to the date of the resumption of the contract or, where appropriate, to the payment of the differences in respect of the amount received in respect of unemployment benefits during the period of suspension, without prejudice to the reimbursement to be made by the employer of the amount of such benefits to the institution management of the payment of the same. Where the business decision concerns a number of workers equal to or greater than the thresholds laid down in Article 51.1, they may be claimed in collective conflict, without prejudice to individual action. The interposition of the collective conflict will paralyse the processing of the individual actions initiated, until their resolution.

2. The working day may be reduced by economic, technical, organisational or production reasons in accordance with the procedure laid down in the preceding paragraph. For these purposes, the reduction of the day shall mean the temporary reduction of between ten and seventy per cent of the working day on the basis of a daily, weekly, monthly or annual day. During the period of reduction, overtime shall not be possible except for force majeure.

3. The contract of employment may also be suspended for cause arising from force majeure in accordance with the procedure laid down in Article 51.7 and regulatory provisions for development.

4. During the suspension of contracts or the reduction of working hours, the development of training activities linked to the occupational activity of the affected workers, the aim of which is to increase their polyvalence or to increase their employability.

Article 48. Suspension with job reservation.

1. When the legal causes of suspension cease, the worker shall have the right to return to the post of reserved work, in all cases referred to in Article 45.1 except those referred to in (a) and (b), in which he shall be agreed.

2. In the case of temporary incapacity, produced the extinction of this situation with a declaration of permanent incapacity in the degrees of total permanent incapacity for the usual profession, absolute for all work or great invalidity, when, judgment of the organ of qualification, the situation of incapacity of the worker is likely to be subject to review for improvement that allows his reinstatement to the job, the suspension of the employment relationship, with reserve of the for a period of two years from the date of the decision on the basis of the the permanent disability is declared.

3. In the case of suspension for the exercise of a representative public office or a union function of a provincial or higher level, the worker must be reinstated within the maximum period of 30 calendar days from the end of his term of office or function.

4. In the course of delivery, the suspension will last for sixteen weeks uninterrupted, extended in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without that the party which the mother had been able to enjoy before the birth was neglected. In the case of the child's death, the period of suspension shall not be reduced unless, after the end of the six-week compulsory rest period, the mother is required to return to her job.

However, and without prejudice to the six weeks immediately following the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother. The other parent may continue to make use of the period of maternity leave initially granted, even if, at the time of the mother's return to work, she is in a temporary disability situation.

In the event that the mother does not have the right to suspend her professional activity entitled to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract. for the period which would have been for the mother, which shall be compatible with the exercise of the right recognised in paragraph 7.

In cases of preterm birth and in those in whom, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension may be computed, at the request of the mother, or in the absence thereof, of the another parent, as of the date of discharge. It is excluded from that calculation the six weeks after the birth, the compulsory suspension of the mother's contract.

In cases of premature birth with a lack of weight and those other in which the neonate requires, for some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension is will extend in as many days as the born is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which it is regulated.

5. In the case of adoption, of a holding for adoption and of a reception, in accordance with Article 45.1 (d), the suspension shall be of an uninterrupted period of 16 weeks, which may be extended in the case of adoption, for the purposes of multiple adoption or reception in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative decision of the guardian for adoption or acceptance, without No case of the same minor may be entitled to several periods of suspension.

In the case of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this paragraph, may be initiated until four weeks before the decision on which the adoption is constituted.

In case both parents work, the suspension period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with periods uninterrupted and with the limits indicated.

6. In the case of the simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in paragraphs 4 and 5 or those corresponding to the cases of childbirth, adoption, adoption or multiple reception.

In the case of disability of the child or of the adopted child, in a situation of keeping for adoption or reception, the suspension of the contract referred to in the aforementioned paragraphs shall have an additional duration of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

The periods referred to in those paragraphs may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine.

7. In the case of child birth, adoption, adoption or acceptance in accordance with Article 45.1 (d), the worker shall be entitled to the suspension of the paternity contract for four weeks uninterrupted, extensible In the cases of childbirth, adoption, it is maintained for adoption or multiple acceptance in two more days for each child from the second. This suspension is independent of the shared enjoyment of the rest periods covered by paragraphs 4 and 5.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption, it shall be for the purposes of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the period of rest provided for in paragraph 5 is enjoyed in his/her all parents, the right to a paternity suspension may only be exercised by the other.

The worker exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the adoption or from the administrative decision of the guardian for adoption or acceptance, until the termination of the contract for such causes or immediately after the termination of such suspension.

The suspension of the contract referred to in this paragraph may be enjoyed on a full-time basis or on a part-time basis of at least fifty per cent, subject to agreement between the employer and the worker, and as determined by regulation.

The worker must inform the employer, in good time, of the exercise of this right in the terms established, where appropriate, in the collective agreements.

8. In the case of risk during pregnancy or risk during natural lactation, in the terms provided for in Article 26 of Law 31/1995 of 8 November of the Prevention of Occupational Risks, the suspension of the contract will end on the day the suspension of the contract for biological maternity or the infant is to be initiated nine months, respectively, or, in both cases, where the worker's inability to return to her previous post or another compatible with her or her status.

9. Workers shall benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in paragraphs 4 to 8.

10. In the case referred to in Article 45.1 (n), the period of suspension shall be of an initial duration which shall not exceed six months, unless the proceedings of judicial protection have resulted in the effectiveness of the victim's right of protection require the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

Section 4. Contract Extinction

Article 49. Termination of the contract.

1. The contract of employment shall be extinguished:

a) By mutual agreement of the parties.

(b) For the reasons given validly in the contract unless they constitute abuse of the manifest right by the employer.

(c) For the expiration of the agreed time or performance of the work or service subject to the contract. At the end of the contract, except in the case of the interment contract and the training contracts, the worker shall be entitled to receive an allowance of an amount equal to the proportion of the amount which would be to pay twelve days ' salary for each year of service, or the one established, where applicable, in the specific rules that are applicable.

fixed-term contracts having a maximum period of time, including contracts in practice and for training and learning, concluded for a duration of less than the legally established maximum, shall be automatically extended until such time as it does not provide for a complaint or express extension and the worker continues to provide services.

Expired maximum or completed duration of the work or service subject to the contract, if there is no complaint and will continue in the provision of work, the contract will be considered to be carried out tacitly for an indefinite period, with the exception of proof to the contrary that it accredits the temporary nature of the benefit.

If the fixed-term employment contract is longer than one year, the portion of the contract making the complaint is required to notify the other of the termination of the contract at a minimum of fifteen days ' notice.

d) By resignation of the worker, the notice indicating the collective agreements or the custom of the place must be mediated.

e) By death, great invalidity or permanent incapacity total or absolute incapacity of the worker, without prejudice to the provisions of Article 48.2.

f) By retirement of the worker.

g) By death, retirement in the cases provided for in the corresponding social security scheme, or incapacity of the employer, without prejudice to the provisions of Article 44, or by the termination of the legal personality of the

In the case of death, retirement or incapacity of the employer, the worker shall be entitled to the payment of an amount equal to one month's salary.

In cases of extinction of the legal personality of the contractor, the procedures of Article 51 must be followed.

(h) By force majeure that makes the provision of work impossible for good, provided that its existence has been duly established in accordance with the provisions of Article 51.7.

i) By collective dismissal founded on economic, technical, organizational or production causes.

j) By will of the worker, based on a contractual default of the employer.

k) By dismissal of the worker.

l) For legally sourced objective causes.

m) By decision of the worker who is forced to permanently leave her job as a result of being a victim of gender-based violence.

2. The employer, on the occasion of the termination of the contract, when notifying the workers of the complaint, or, where appropriate, notice of the termination of the contract, must accompany a proposal of the settlement document of the amounts due.

The worker may request the presence of a legal representative of the workers at the time of the signing of the receipt of the finiquito, stating in it the fact of his signature in the presence of a legal representative of the workers, or that the worker has not made use of this possibility. If the employer prevents the representative from being present at the time of signature, the worker may make it on the receipt itself, for the appropriate purposes.

Article 50. Extinction by the worker's will.

1. They will be fair causes for the worker to apply for termination of the contract:

(a) The substantial changes in the working conditions carried out without respecting the provisions of Article 41 and which result in the detriment of the dignity of the worker.

b) The lack of payment or delayed delays in the payment of the agreed salary.

c) Any other serious breach of their obligations by the employer, other than the cases of force majeure, as well as the refusal of the employer to reintegrate the worker in his earlier working conditions into the cases referred to in Articles 40 and 41, where a court judgment has declared the same unjustified.

2. In such cases, the worker shall be entitled to the compensation provided for the wrongful dismissal.

Article 51. Collective redundancy.

1. For the purposes of this law, collective redundancies shall mean the termination of work contracts based on economic, technical, organisational or production causes where, within a period of 90 days, the extinction affects at least:

a) Ten workers, in companies with fewer than 100 employees.

b) Ten percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for three consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of staff work or in the way of organizing production and production causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

It shall also be understood as collective dismissal for the termination of employment contracts affecting the entire workforce, provided that the number of workers affected is higher than five, when the number of workers concerned is higher than five. produces as a result of the total cessation of its business activity based on the same causes above.

For the purposes of calculating the number of contract extinctions referred to in the first subparagraph of this paragraph, account shall also be taken of any other produced in the reference period on the initiative of the employer in other reasons not inherent in the person of the worker other than those provided for in Article 49.1 (c), provided that his number is at least five.

When in successive periods of ninety days and in order to circumvent the forecasts contained in this article, the company makes contract extinctions under the provisions of Article 52.c) in a number lower than the These new extinctions shall be deemed to have been made in law-fraud, and shall be declared null and void.

2. Collective redundancies must be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 30 calendar days, or 15 in the case of companies of less than 50 employees. The consultation with the legal representatives of the workers must be at least on the possibilities of avoiding or reducing collective redundancies and of mitigating their consequences through the use of accompanying social measures, such as as repositioning measures or vocational training or retraining measures for the improvement of employability. The consultation will be carried out in a single negotiating committee, but if there are several working centres, it will be limited to the centres affected by the procedure. The special negotiating body shall be composed of a maximum of 13 members representing each of the parties.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

The representative commission of the workers must be constituted on the basis of the business communication of the opening of the consultation period. For these purposes, the management of the undertaking must inform the employees or their representatives of their intention to initiate the procedure for collective dismissal. The maximum period for the constitution of the representative commission shall be seven days from the date of such communication unless one of the centres of work which is affected by the procedure does not have representatives legal workers, in which case the time limit shall be 15 days.

After the maximum period for the constitution of the representative commission, the management of the company may formally communicate to the representatives of the workers and the labor authority the beginning of the period of consultations. The lack of constitution of the representative commission shall not prevent the beginning and the course of the period of consultation, and its constitution after the start of the consultation shall in no case lead to the extension of its duration.

The communication of the opening of the consultation period will be made in writing by the employer to the legal representatives of the workers, a copy of which will be sent to the labour authority. The following points shall be entered in that document:

(a) The specification of the causes of collective redundancy as set out in paragraph 1.

b) Number and professional classification of workers affected by dismissal.

c) The number and professional classification of workers habitually employed in the last year.

d) Planned period for the completion of redundancies.

e) Criteria taken into account for the designation of workers affected by redundancies.

f) Copy of the communication addressed to the workers or their representatives by the management of the company of their intention to initiate the collective dismissal procedure.

(g) Representatives of the workers who shall integrate the special negotiating body or, where appropriate, an indication of the lack of incorporation of the special negotiating body within the legal time limits.

The communication to the legal representatives of the workers and the labor authority must be accompanied by an explanatory memory of the causes of the collective dismissal and of the other aspects mentioned in the paragraph prior to, as well as the accounting and tax documentation and the technical reports, all in the terms that are regulated.

Received the communication, the labour authority will transfer the same to the managing body of the unemployment benefits and will seek, with a mandatory nature, the report of the Labour and Social Security Inspectorate on the (a) the Council of the European Union, the Council of the European Union, and the Council of the European Union. The report shall be evacuated within a period of 15 days from the notification to the working authority of the end of the consultation period and shall be incorporated in the procedure.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

Such an agreement shall require the agreement of the majority of the legal representatives of the workers or, where appropriate, of the majority of the members of the representative commission of the workers provided that, in both cases, represent the majority of the workers in the centre or work centres concerned.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

The employment authority shall ensure the effectiveness of the consultation period and may, where appropriate, forward warnings and recommendations to the parties which shall in no case be brought to a standstill or suspension of the procedure. Similarly and without prejudice to the provisions of the preceding paragraph, the working authority may, at the joint request of the parties, carry out the mediation actions which are appropriate for the purpose of seeking a solution. solutions to the problems posed by collective redundancies. For the same purpose it may also perform assistance functions at the request of either party or on its own initiative.

After the consultation period, the employer shall inform the working authority of the outcome of the consultation. If agreement has been reached, it will be a full copy of the agreement. If not, it shall forward to the workers ' representatives and to the labour authority the final collective redundancy decision which it has taken and the conditions of the decision.

If within 15 days of the date of the last meeting held in the consultation period, the employer has not informed the employees ' representatives and the employment authority of their decision on the dismissal. collective, the expiration of the collective dismissal procedure will occur in terms that are regulated by law.

3. When the extinction affects more than fifty percent of the workers, the employer will be aware of the sale of the company's assets, except those that constitute the normal traffic of the company, to the legal representatives of the company. workers, and also the competent authority.

4. If the agreement is reached or the decision is communicated to the employees ' representatives, the employer may notify the workers concerned of the redundancies individually, which he must carry out in accordance with Article 53.1. In any event, at least 30 days between the date of the communication of the opening of the consultation period to the labour authority and the date of termination of the dismissal shall be at least 30 days.

5. The legal representatives of the employees will have priority of staying in the company in the cases referred to in this article. By collective agreement or agreement reached during the consultation period, priority may be given to staying in favour of other groups, such as workers with family burdens, elderly people of particular age or persons with disability.

6. The business decision may be challenged through the actions envisaged for this dismissal. The interposition of the demand by the representatives of the workers will paralyze the processing of the individual actions initiated, until the resolution of that.

The employment authority may challenge the agreements adopted in the period of consultation when it considers that such agreements have been reached by fraud, intent, coercion or abuse of rights for the purposes of their possible declaration of invalidity, as well as where the managing body of the unemployment benefits has reported that the late business decision may have as its object the improper obtaining of the benefits by the workers affected by the absence of the cause motivating the legal status of unemployment.

7. The existence of force majeure, as a cause for the termination of employment contracts, must be established by the labour authority, irrespective of the number of the workers concerned, following a procedure carried out in accordance with the provided for in this paragraph and in its provisions for regulatory development.

The procedure will be initiated by application of the company, accompanied by the means of proof that it deems necessary and simultaneous communication to the legal representatives of the workers, who will have the condition of interested party to the entire processing of the procedure.

The resolution of the labour authority shall, in advance of the necessary actions and reports, be issued within five days of the request and shall, where appropriate, be limited to the existence of the force majeure alleged by the the company, corresponding to the decision on the extinction of the contracts, that will take effect from the date of the fact causing the force majeure. The company must transfer the decision to the employees ' representatives and to the labour authority.

The labour authority which finds the force majeure may agree that all or part of the compensation corresponding to the workers affected by the termination of their contracts is satisfied by the Guarantee Fund. Wage, without prejudice to the right of the employer to resarcirse.

8. The information and documentation obligations provided for in this Article shall apply irrespective of whether the decision on collective redundancies has been taken by the employer or by the undertaking exercising control over it. Any justification by the employer based on the fact that the undertaking which took the decision has not provided the necessary information to it cannot be taken into consideration for that purpose.

9. In the case of procedures for the collective redundancies of undertakings which do not incur insolvency proceedings, which include workers with fifty-five or more years of age who do not have the status of mutualists on 1 January 1967, the the obligation to pay the fees for the financing of a special agreement for the workers mentioned above in the terms laid down in the recast text of the General Law on Social Security.

10. The undertaking carrying out a collective dismissal affecting more than 50 employees must provide the workers concerned with an external relocation plan through approved repositioning undertakings. This plan, designed for a period of at least six months, must include training and vocational guidance measures, personalised attention to the worker concerned and the active search for employment. In any event, the foregoing shall not apply to undertakings which have undergone a bankruptcy procedure. The cost of drawing up and implementing such a plan will in no case be borne by the workers.

The employment authority, through the competent public employment service, shall verify the accreditation of compliance with this obligation and, where appropriate, require the company to comply with it.

Without prejudice to the foregoing paragraph and the corresponding administrative responsibilities, failure to comply with the obligation laid down in this paragraph or the accompanying social measures taken by the employer, it may give rise to the claim of compliance by the employees.

11. Companies that make collective redundancies in accordance with the provisions of this Article, and which include workers of fifty or more years of age, must make an economic contribution to the Treasury in accordance with the provisions of this Article. legally.

Article 52. Termination of the contract for objective reasons.

The contract may be extinguished:

(a) By the ineptitude of the known worker or over-coming after their effective placement in the company. The ineptitude that existed prior to the performance of a trial period may not be alleged after such compliance.

(b) For lack of adaptation of the worker to the technical modifications operated at his/her job, where such changes are reasonable. In advance, the employer must offer the worker a course aimed at facilitating adaptation to the changes that have been made. The time spent on training shall in any case be considered to be effective working time and the employer shall pay the worker the average salary to be paid. The termination may not be agreed by the employer until at least two months after the amendment has been introduced or since the adaptation to the adaptation has been completed.

(c) Where any of the causes referred to in Article 51.1 are present and the extinction affects a number lower than that set out therein.

Workers ' representatives will have priority of staying in the company in the case referred to in this paragraph.

d) For still justified but intermittent work attendance failures, which reach twenty percent of the working days in two consecutive months provided that the total lack of assistance in the previous 12 months Five per cent of working days, or twenty-five per cent in four discontinuous months within a period of twelve months.

Not to be counted as non-attendance, for the purposes of the preceding paragraph, the absences due to legal strike for the duration of the same, the exercise of activities of legal representation of the workers, accident at work, maternity, risk during pregnancy and breast-feeding, diseases caused by pregnancy, birth or breast-feeding, paternity, leave and holidays, sickness or non-work accident where the discharge has been agreed by the services (a) official health care and a duration of more than 20 consecutive days, and the physical or psychological situation arising from gender-based violence, accredited by the social services of health care or services, as appropriate.

No absences due to a medical treatment of cancer or serious illness will be computed.

e) In the case of indefinite contracts concluded directly by non-profit entities for the execution of certain public plans and programmes, without a stable economic endowment and financed by the General government by means of annual budgetary or extra-budgetary appropriations as a result of external revenue of a finalist, due to the inadequacy of the corresponding consignment for the maintenance of the contract of employment in question.

Where the extinction affects a number of workers equal to or greater than that set out in Article 51.1, the procedure provided for in that Article shall be followed.

Article 53. Form and effects of extinction by objective causes.

1. The adoption of the extinction agreement under the provisions of the foregoing Article requires compliance with the following requirements:

a) Written communication to the worker expressing the cause.

(b) To make available to the worker at the same time the delivery of the written communication, the compensation of 20 days per year of service, prorating for months the periods of time of less than one year and with a maximum of twelve mensualities.

When the extinguishing decision is based on Article 52 (c), with a claim of economic cause, and as a result of such an economic situation, the compensation to which the worker is concerned cannot be made available to the worker. (a) the employer, making it clear in the written communication, may cease to do so, without prejudice to the right of the worker to demand that he be paid for when the late decision is effective.

c) Concession of a period of notice of 15 days, computed from the delivery of the personal communication to the worker until the termination of the contract of employment. In the case referred to in Article 52.c), a copy of the notice shall be given to the legal representation of the workers for their knowledge.

2. During the period of notice, the worker, or his legal representative if it is a person with a disability who has it, shall be entitled, without loss of his remuneration, to a six-hour licence in order to seek new employment.

3. Against the fire-extinguishing decision, it may be used as if it were disciplinary dismissal.

4. Where the extinguishing decision of the employer is mobile, some of the causes of discrimination prohibited in the Constitution or in the law or would have occurred with violation of fundamental rights and public freedoms of the worker, the An extinguishing decision shall be void, with the judicial authority having to make such a declaration of its own motion.

The extinct decision will also be null in the following assumptions:

(a) Workers during the periods of suspension of the maternity work contract, adoption, guardian for adoption, acceptance, paternity, risk during pregnancy or risk during natural lactation referred to in Articles 45.1 (d) and (e) or diseases caused by pregnancy, childbirth or natural lactation, or the notified on such a date that the period of notice granted is completed within those periods.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a); that of workers who have applied for one of the permits to which they are refer to Articles 37.4, 5 and 6, or are enjoying them, or have applied for or are enjoying the surplus provided for in Article 46.3; and that of female victims of gender-based violence for the exercise of the rights of reduction or reordering of your working time, geographical mobility, change of work centre or suspension of work employment relationship in terms and conditions recognized in this law.

(c) Workers ' after having been reintegrated to work at the end of periods of suspension of the maternity contract, adoption, for the purposes of adoption, acceptance or paternity referred to in the Article 45.1.d), provided that no more than nine months have elapsed since the date of birth, adoption, delegation of guardian for the purpose of adoption or acceptance of the child or child.

The provisions set out in the preceding letters shall apply, except where, in such cases, the origin of the late decision is declared for reasons unrelated to pregnancy or for the exercise of the right to permits and Leave of absence.

The extinguishing decision shall be deemed to have been made provided that the concurrency of the cause on which the late decision was founded is credited and the requirements laid down in paragraph 1 of this Article have been met. Otherwise it will be considered inappropriate.

However, the non-award of the notice or the excusable error in the calculation of the compensation shall not determine the origin of the dismissal, without prejudice to the employer's obligation to pay the wages corresponding to the period or the payment of the allowance in the correct amount, irrespective of the other effects which may be obtained.

5. The classification by the judicial authority of the nullity, provenance or improvenance of the extinguishing decision will produce the same effects as those indicated for the disciplinary dismissal, with the following modifications:

(a) In case of provenance, the worker shall be entitled to the allowance provided for in paragraph 1, consolidating it from having received it, and shall be deemed to be an unemployment due to the non-imputable.

(b) If the extinction is declared inappropriate and the employer proceeds to take back, the worker shall be reintegrated with the compensation received. In case of replacement of the readmission by economic compensation, the amount of such compensation shall be deducted.

Article 54. Disciplinary dismissal.

1. The employment contract may be terminated by decision of the employer, by dismissal based on a serious and guilty breach of the worker.

2. Contractual defaults shall be considered:

a) Repeated and unjustified faults of assistance or punctuality to work.

b) Indiscipline or disobedience at work.

c) Verbal or physical offenses to the employer or to persons working in the company or to family members living with them.

d) The transgression of good contractual faith, as well as the abuse of trust in the performance of work.

e) Continuous and voluntary decrease in normal or agreed performance of work.

f) Usual drunkenness or drug addiction if they have a negative impact on the job.

g) Harassment on the basis of racial or ethnic origin, religion or belief, disability, age or sexual orientation and sexual harassment or by reason of sex to the employer or to persons working in the company.

Article 55. Form and effects of disciplinary dismissal.

1. The dismissal shall be notified in writing to the worker, including the facts which motivate him and the date on which it shall have effect.

Other formal requirements for dismissal may be laid down by collective agreement.

When the worker is the legal representative of the workers or union delegate, the opening of the contradictory file will proceed, in which the other members of the representation will be heard, in addition to the interested party. belong, if any.

If the worker is affiliated with a trade union and the employer has found him, he must give prior hearing to the union delegates of the trade union section corresponding to the union.

2. If the dismissal is carried out in accordance with the provisions of the previous paragraph, the employer may make a new dismissal in which he meets the requirements set out in the previous paragraph. Such a new dismissal, which shall only take effect from its date, shall only be effected within 20 days from the date of the first dismissal. The employer shall make available to the worker the wages accrued in the intervening days, while at the same time keeping them on the high level of social security.

3. Dismissal will be qualified as coming, improper, or null.

4. Dismissal shall be deemed to have been made when the employer's failure to comply with his letter of communication has been established. It shall be otherwise inappropriate or where in its form it shall not be in accordance with paragraph 1.

5. It shall be null and void for the dismissal of any of the causes of discrimination prohibited in the Constitution or in the law, or for violation of fundamental rights and public freedoms of the worker.

The dismissal will also be null in the following assumptions:

(a) Workers during periods of suspension of the maternity work contract, adoption, guardian for adoption, acceptance, paternity, risk during pregnancy or risk during natural lactation referred to in Articles 45.1 (d) and (e) or diseases caused by pregnancy, childbirth or natural lactation, or the notification on such a date that the period of notice granted is completed within those periods.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a); that of workers who have applied for one of the permits to which they are refer to Articles 37.4, 5 and 6, or are enjoying them, or have applied for or are enjoying the surplus provided for in Article 46.3; and that of female victims of gender-based violence for the exercise of the rights of reduction or reordering of your working time, geographical mobility, change of work centre or suspension of work employment relationship in terms and conditions recognized in this law.

(c) Workers after having rejoined the work at the end of the periods of suspension of the maternity, adoption, delegation of guardian, reception, or paternity contract referred to in Article 45.1 (d), provided that no more than nine months have elapsed since the date of birth, adoption, delegation of the child or the child.

The provisions of the preceding letters shall apply, except where, in such cases, the origin of the dismissal is declared for reasons not related to pregnancy or to the exercise of the right to leave and leave. indicated.

6. The null dismissal shall have the effect of the immediate readmission of the worker, with payment of the wages left to be paid.

7. Termination of the contract shall validate the termination of the employment contract with which it was terminated, without the right to compensation or to the payment of processing.

Article 56. Unfair dismissal.

1. Where the dismissal is declared inadmissible, the employer may, within five days of the notification of the judgment, choose between the readmission of the worker or the payment of an indemnity equivalent to thirty-three days ' salary. per year of service, extending for months the periods of time less than one year, up to a maximum of twenty-four monthly payments. The option for compensation shall determine the termination of the employment contract, which shall be deemed to be produced on the date of the effective cessation of the work.

2. In the event of a readmission being opted for, the worker shall be entitled to the processing wages. These shall be equal to an amount equal to the sum of the wages left to be paid from the date of dismissal until the notification of the judgment declaring the imprecence or until another employment has been found, if such placement is prior to that judgment and was probate by the employer to be perceived, for his or her discount to the processing salaries.

3. If the employer is not eligible for readmission or compensation, it is understood that the first one is appropriate.

4. If the dismissal is a legal representative of the workers or a trade union delegate, the option shall always be for the latter. If the option is not to be made, it will be understood to be a readmission. Where the option, expressed or presumed, is in favour of readmission, it shall be required. If you opt for the allowance as if you do so for readmission, you shall be entitled to the processing salaries referred to in paragraph 2.

5. Where the judgment declaring the dismissal of the dismissal is given more than 90 working days from the date on which the application was filed, the employer may claim to the State the payment of the economic perception to which he refers paragraph 2, corresponding to the time exceeding those 90 working days.

In cases of dismissal in which, pursuant to this paragraph, the processing salaries are on behalf of the State, the Social Security contributions corresponding to those salaries shall be charged to the State.

Section 5. Insolvency Procedure

Article 57. Insolvency proceedings.

In the event of a contest, the cases of modification, suspension and collective extinction of the contracts of employment and succession of company, the specialties provided for in Law 22/2003, of July 9, Bankruptcy, will apply.

CHAPTER IV

Workers ' Faults and Sanctions

Article 58. Workers ' faults and penalties.

1. Workers may be punished by the management of companies by virtue of job defaults, according to the graduation of faults and penalties to be established in the legal provisions or in the collective agreement that is applicable.

2. The assessment of the faults and the corresponding penalties imposed by the management of the company will always be reviewed in the social jurisdiction. The penalty of serious and very serious misconduct will require written communication to the worker, stating the date and facts that motivate it.

3. Penalties shall not be imposed which consist of the reduction of the duration of the holiday or another minority of the rights to rest of the worker or fine.

CHAPTER V

Prescription deadlines

Section 1. Enrollment of Contract-Derived Actions

Article 59. Prescription and expiration.

1. Actions arising out of the employment contract which do not have a special time limit shall be prescribed for the year of termination.

For these purposes, the contract will be considered terminated:

(a) The day on which the time of duration agreed or fixed by legal provision or collective agreement expires.

b) The day on which the provision of continued services is terminated, when this continuity has been given by virtue of express or tacit extension.

2. If the action is exercised to require economic perceptions or for the fulfilment of single-tract obligations, which cannot take place after the termination of the contract, the period of one year shall be computed from the day on which the action may be taken. exercise.

3. The exercise of the action against the dismissal or termination of temporary contracts shall expire on the twentieth day following that in which it was produced. The days shall be business and the time limit shall be valid for all purposes.

The expiry period shall be interrupted by the submission of the request for conciliation to the public body of mediation, arbitration and competent conciliation.

4. The provisions of the previous paragraph shall apply to actions against business decisions in respect of geographical mobility and substantial modification of working conditions. The time limit shall be computed from the day following the date of notification of the business decision, after the completion of the consultation period, where appropriate.

Section 2. Enrollment of infractions and faults

Article 60. Prescription.

1. The offences committed by the employer shall be prescribed in accordance with the recast of the Law on Infractions and Penalties in the Social Order, approved by Royal Decree-Law 5/2000 of 4 August.

2. In the case of workers, minor faults shall be prescribed at 10 days; the serious ones, at the age of 20, and the very serious ones, at the age of 60 days from the date on which the undertaking became aware of its commission and, in any case, six months after the date of the have been committed.

TITLE II

Of the rights of collective representation and meeting of workers in the company

CHAPTER I

The right of collective representation

Article 61. Participation.

In accordance with the provisions of Article 4 and without prejudice to other forms of participation, workers have the right to participate in the company through the representation bodies regulated in this title.

Section 1. Representation Organ

Article 62. Staff delegates.

1. The representation of employees in the company or work centre with fewer than 50 employees and more than 10 employees corresponds to the staff delegates. There may also be a staff delegate in those undertakings or centres which have between six and ten employees, if they so decide by a majority.

The workers shall choose, by means of free, personal, secret and direct suffrage to the staff delegates at the following number: up to thirty workers, one; thirty-one to forty-nine, three.

2. The staff delegates shall exercise the representation for which they were elected and shall have the same powers established for the works councils.

Staff delegates will observe the rules that are established for the members of the business committees in Article 65 on professional secrecy.

Article 63. Business committees.

1. The business committee is the representative and collegiate body of all the workers in the company or job center for the defense of their interests, constituting in each work center whose census is of fifty or more workers.

2. In the enterprise that has in the same province, or in neighboring municipalities, two or more centers of work whose censuses do not reach the fifty workers, but as a whole they will be constituted by a joint enterprise committee. Where a number of centres have fifty workers and others from the same province, the former shall constitute own works councils and each second shall be another.

3. Only by collective agreement can the constitution and functioning of an inter-centre committee be agreed with a maximum of thirteen members, who shall be appointed from among the components of the various centre committees.

In the constitution of the interagency committee the proportionality of the unions will be preserved according to the electoral results considered overall.

Such interagency committees may not be able to assume other functions than those expressly granted to them in the collective agreement in which their creation is agreed.

Article 64. Rights of information and consultation and competences.

1. The business committee shall have the right to be informed and consulted by the employer on matters which may affect the employees, as well as on the situation of the undertaking and the development of employment in the undertaking, in accordance with the provisions laid down in Article 1 (1) of the Directive. in this article.

Information is understood to mean the transfer of data by the employer to the business committee, so that the latter has knowledge of a particular matter and can proceed to its examination. Consultation means the exchange of views and the opening of a dialogue between the employer and the business committee on a particular issue, including, where appropriate, the issuance of prior report by the employer.

In the definition or application of the information and consultation procedures, the employer and the business committee shall act in a spirit of cooperation, in compliance with their mutual rights and obligations, taking into account both the interests of the company and the interests of the employees.

2. The business committee shall have the right to be informed on a quarterly basis:

a) About the overall evolution of the economic sector to which the company belongs.

b) on the economic situation of the undertaking and the recent and likely development of its activities, including environmental actions having a direct impact on employment, as well as on production and sales, including the production schedule.

(c) The employer's forecasts for the conclusion of new contracts, indicating the number of new contracts and the modalities and rates to be used, including part-time contracts, the holding of hours complementary to part-time contract workers and subcontracting assumptions.

(d) Statistics on the rate of absenteeism and the causes, accidents at work and occupational diseases and their consequences, rates of accident, periodic or special studies of the environment and the prevention mechanisms that are used.

3. It shall also be entitled to receive information, at least annually, on the application of the right of equal treatment and equal opportunities between women and men to the enterprise, including data on the proportion of women and men. men at the various occupational levels, as well as, where appropriate, on the measures which would have been taken to promote equality between women and men in the enterprise and, if an equality plan had been established, on the implementation of the same.

4. The business committee, with the following periodicity in each case, shall be entitled to:

(a) To know the balance sheet, the income statement, the memory and, in the event that the company reviews the form of company by shares or units, the other documents that are disclosed to the partners, and in the same conditions to these.

b) Know the models of written work contract that are used in the company as well as the documents relating to the termination of the employment relationship.

c) Be informed of all penalties imposed for very serious faults.

In addition, the business committee will be entitled to receive the basic copy of the contracts as well as the notification of the extensions and the complaints corresponding to them within ten days of their being place.

5. The business committee will have the right to be informed and consulted on the situation and structure of employment in the company or at the workplace, as well as to be informed on a quarterly basis on the likely evolution of the business, including consultation when any changes are foreseen.

You will also have the right to be informed and consulted about all company decisions that could lead to changes in the organization of work and work contracts in the company. It shall also have the right to be informed and consulted on the adoption of any preventive measures, in particular in the event of a risk to employment.

The business committee shall be entitled to issue a report, prior to the employer's execution of the decisions taken by the employer, on the following issues:

a) Total or partial, definitive or temporary template restructurings of that.

b) Day reductions.

c) The total or partial relocation of the facilities.

(d) The processes of merger, absorption or modification of the legal status of the undertaking involving any impact that may affect the volume of employment.

e) Professional training plans in the company.

f) The implementation and review of systems of organization and control of work, time studies, establishment of systems of premiums and incentives and valuation of jobs.

6. The information shall be provided by the employer to the business committee, without prejudice to the specific provisions of each case, at a time, in a manner and with appropriate content, to enable the employees ' representatives to proceed to its proper examination and prepare, where appropriate, the consultation and the report.

The consultation shall be carried out, unless expressly otherwise provided, at a time and with appropriate content, at the level of management and corresponding representation of the undertaking, and in such a way as to enable the representatives of the employees, on the basis of the information received, to meet with the employer, to obtain a justified response to their possible report and to be able to compare their views or opinions with a view, if appropriate, of being able to reach an agreement on the matters referred to in paragraph 5, and without prejudice to the powers of the the employer is recognised in this respect in relation to each of these matters. In any event, the consultation must enable the committee's criteria to be known to the employer when it comes to adopting or implementing the decisions.

The reports to be issued by the business committee will have to be prepared within a maximum of 15 days after the request has been made and the relevant information has been sent.

7. The business committee will also have the following powers:

a) Exercise a job:

1. Surveillance in compliance with the current rules on employment, social security and employment, as well as the other agreements, conditions and uses of the company in force, making, where appropriate, legal actions appropriate to the employer and the competent bodies or courts.

2. The surveillance and control of the conditions of safety and health in the development of work in the company, with the particularities provided for in this order by Article 19.

3. To monitor the respect and implementation of the principle of equal treatment and opportunities between women and men.

b) To participate, as determined by collective agreement, in the management of social works established in the company for the benefit of the workers or their family members.

c) Collaborate with the management of the company to achieve the establishment of how many measures to maintain and increase productivity, as well as the environmental sustainability of the company, if this is agreed in collective agreements.

d) Collaborate with the management of the company in the establishment and implementation of reconciliation measures.

e) Inform your representatives on all issues and issues identified in this article as to whether they directly or indirectly have or may have an impact on employment relationships.

8. The provisions of this Article shall be without prejudice to the specific provisions laid down in other articles of this law or in other laws or regulations.

9. In accordance with the provisions laid down in law or regulation, specific provisions may be laid down in collective agreements concerning the content and detailed rules for the exercise of the rights of information and consultation provided for in this Article, as well as the most appropriate level of representation to be exercised.

Article 65. Professional capacity and stealth.

1. The capacity-building committee, as a collegiate body, is recognised as a means of exercising administrative or judicial action in all matters relating to its powers, by a majority decision of its members.

2. The members of the Joint Undertaking's Committee and the Committee as a whole, as well as, where appropriate, the experts who assist them, shall observe the duty of secrecy with regard to that information which, in legitimate and objective interest of the undertaking or the centre of work, has been expressly communicated to them with a reserved character.

3. In any case, no document submitted by the company to the committee may be used outside the strict scope of the document or for purposes other than those that motivated its delivery.

The duty of stealth will remain even after the expiration of its mandate and regardless of where they are located.

4. Exceptionally, the company will not be required to communicate specific information relating to industrial, financial or commercial secrets, the disclosure of which could, according to objective criteria, hinder the operation of the the company or the workplace or cause serious damage to its economic stability.

This exception does not cover data that is related to the volume of employment in the enterprise.

5. The challenge of the decisions of the undertaking to assign a reserved character or to communicate certain information to the employees ' representatives shall be dealt with in accordance with the collective dispute procedure laid down in Chapter VIII of the Treaty. Title II of the second book of Law 36/2011 of 10 October, regulating the Social Jurisdiction.

In addition, disputes relating to compliance by workers ' representatives and by experts who assist them with their obligation to follow suit will be dealt with in this process.

The provisions of this paragraph are without prejudice to the provisions of the recused text of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000, of 4 August, for the the unjustified refusal of the information to which the workers ' representatives are entitled.

Article 66. Composition.

1. The number of members of the business committee shall be determined according to the following scale:

a) From fifty to one hundred workers, five.

b) One to two hundred and fifty workers, nine.

c) From two hundred and fifty-one to five hundred workers, thirteen.

d) From five hundred one to seven hundred and fifty workers, seventeen.

e) From seven hundred and fifty-one to a thousand workers, twenty-one.

f) From a thousand onwards, two per thousand or a fraction, with the maximum of seventy-five.

2. The committees of undertakings or working parties shall elect a chairman and a secretary of the committee from among its members, and shall draw up their own rules of procedure, which may not contravene the provisions of the law, and shall forward a copy thereof to the employment authority, for the purposes of registration, and the undertaking.

The committees must meet every two months or whenever requested by one-third of their members or one-third of the workers represented.

Article 67. Promotion of elections and electoral mandate.

1. They may promote elections to delegates of staff and members of works councils of the most representative trade union organisations, with a minimum of ten per cent of representatives in the company or workers in the centre of labour by majority agreement. Trade unions with the capacity to promote elections shall have the right to access the registers of public administrations which contain data relating to the registration of undertakings and the high level of workers, to the extent necessary to bring them to (a) such promotion in their respective fields.

The promoters shall inform the company and the public office dependent of the employment authority of their intention to hold elections with a minimum period of at least one month in advance at the beginning of the electoral process. In this communication, the promoters will have to identify precisely the company and the job centre in which it wishes to celebrate the electoral process and the date of its start, which will be the constitution of the electoral table and which, in all Case, it may not commence before a month or beyond three months counted from the register of the communication in the public office dependent on the labour authority. This public office shall, within the following working day, set out in the notice board the pre-notices presented, making it easier for the trade unions to request it.

Only prior majority agreement among the most representative or representative trade unions in accordance with the Organic Law 11/1985 of 2 August, of Freedom of Association, may promote the holding of elections in a way generalized in one or more functional or territorial areas. Such agreements shall be communicated to the public office dependent on the labour authority for deposit and publicity.

When elections are promoted to renew the representation by the end of the term of the mandate, such promotion can only be made from the date on which three months are missing for the term of the mandate.

Partial elections may be promoted by resignations, revocations, or adjustments of the template increase representation. Collective agreements may provide for what is necessary to accommodate the representation of workers to the significant reductions in employment which may take place within the undertaking. In its absence, such accommodation shall be carried out by agreement between the undertaking and the workers ' representatives.

2. Failure to comply with any of the requirements set out in this article for the promotion of elections will determine the lack of validity of the corresponding electoral process; however, the omission of the communication to the company may to be replaced by the transfer to the same copy of the communication submitted to the public office dependent on the labour authority, provided that the transfer of the copy occurs with a minimum of 20 days prior to the date of the date initiation of the electoral process set out in the promotion document.

The renunciation of the promotion after the communication of the public office dependent on the labor authority will not prevent the development of the electoral process, provided that all the requirements that allow the validity of the same.

In case of concurrency of promoters for the holding of elections in a company or working center, the first registered call, except in the elections, shall be considered valid for the purposes of initiation of the electoral process. cases in which the union majority of the undertaking or working centre with a business committee has submitted a different date, in which case the latter shall prevail, provided that such calls comply with the requirements laid down. In the latter case, the promotion shall be accompanied by a clear communication of the promotion of elections to which they would have carried out another or earlier elections.

3. The term of office of the staff delegates and the members of the business committee shall be four years, on the understanding that they shall remain in office in the exercise of their powers and their guarantees until they have been promoted and held new elections.

Only delegates of staff and members of the committee may be revoked during their term of office, by a decision of the employees who have elected them, by means of assembly called for at least one third of the the electors and by an absolute majority of them, by means of personal, free, direct and secret suffrage. However, such revocation may not be carried out during the processing of a collective agreement, nor may it be reconsidered until at least six months.

4. In the case of a vacancy for any cause on the works or business committees, the worker shall automatically be covered by the following worker in the list to which the replacement belongs. Where the vacancy relates to staff delegates, it shall be automatically covered by the worker who obtained a vote in the vote immediately below the last of the elected representatives. The replacement will be for the remainder of the command.

5. The replacement, revocation, resignations and extinctions of the mandate shall be communicated to the public office under the employment authority and to the employer, and shall also be published on the notice board.

Article 68. Guarantees.

The members of the business committee and the staff delegates, as legal representatives of the employees, shall, except as provided in the collective agreements, have the following guarantees:

(a) Opening of a contradictory file in the case of serious or very serious misconduct, in which the business committee or other staff delegates shall be heard, apart from the person concerned.

(b) Priority to remain in the company or work centre with respect to other workers, in the case of suspension or termination for technological or economic reasons.

c) Not be dismissed or punished during the performance of his duties or within the year following the expiry of his term of office, except where the term of office is due to revocation or resignation, provided that the dismissal or penalty is the action of the worker in the exercise of his or her representation, without prejudice, therefore, to the provisions of Article 54. It shall also not be discriminated against in its economic or professional promotion, precisely because of the performance of its representation.

d) To express, collegiately if it is the committee, with freedom its opinions in matters concerning the sphere of its representation, being able to publish and distribute, without disturbing the normal development of the work, publications of employment or social interest, communicating it to the company.

e) Dispose of a credit of paid monthly hours each of the members of the committee or delegate of staff in each work center, for the exercise of its functions of representation, according to the following scale:

1. º Up to 100 workers, fifteen hours.

2. º 1 to two hundred and fifty workers, twenty hours.

3. From two hundred and fifty-one to five hundred workers, thirty hours.

4. From five hundred to seven hundred and fifty workers, thirty-five hours.

5. º of seven hundred and fifty and one from now, forty hours.

The accumulation of hours of the various members of the business committee and, where appropriate, of the staff delegates, in one or more of its components, without exceeding the maximum total, may be agreed in collective agreement. be relieved or relieved of work, without prejudice to their remuneration.

Section 2. First Electoral Procedure

Article 69. Choice.

1. Delegates of staff and members of the business committee shall be elected by all workers by direct, free and secret personal suffrage, which may be issued by mail in the form laid down in the implementing provisions of this Directive. law.

2. All workers of the enterprise or work centre aged 16 and over and with a seniority in the undertaking of at least one month, and eligible workers who are 18 years of age and an age in the enterprise, shall be eligible. of at least six months, except in those activities where, by means of mobility of staff, a shorter period of time is agreed in collective agreement, with the minimum limit of three months.

Foreign workers may be electors and eligible when they meet the conditions referred to in the preceding paragraph.

3. Candidates may be presented for the elections of delegates of staff and members of the business committee by the trade unions of legally constituted workers or by the coalitions formed by two or more of them, who must have a (a) specific name is attributed to the coalition. Similarly, workers who support their candidature may be presented with a number of signatures of voters in their own school and college, where appropriate, equivalent to at least three times the number of posts to be filled.

Article 70. Vote for delegates.

In the election for staff delegates, each voter will be able to give their vote to a maximum number of candidates equivalent to that of posts to be filled among the proclaimed candidates. Those who obtain the highest number of votes will be elected. In case of a tie, the oldest worker in the company will be elected.

Article 71. Choice for the business committee.

1. In the companies of more than fifty workers, the census of electors and electors will be distributed in two schools, one composed of the technicians and the administrative and the other by the specialists and unskilled workers.

By collective agreement, and depending on the professional composition of the sector of productive activity or of the company, a new college may be established to adapt to this composition. In such a case, the electoral rules of this title shall be adapted to that number of schools. The posts of the committee will be distributed proportionally in each company according to the number of workers who form the electoral colleges mentioned. If the division results in ratios with fractions, the unit would be awarded fractional to the group to which the highest fraction would correspond; if they were equal, the award shall be by lot.

2. In the elections to members of the business committee the election will be adjusted to the following rules:

(a) Each voter may give his or her vote to a single one of the lists submitted to those of the committee corresponding to his or her college. These lists shall contain at least as many names as posts to be covered. However, the resignation of any candidate presented in some of the lists for the elections before the date of the vote shall not imply the suspension of the electoral process or the cancellation of such candidacy even if it is incomplete, provided that the list concerned remains with a number of candidates, at least 60% of the posts to be filled. Each list must be included in the list of the trade union or group of workers who present it.

(b) They shall not be entitled to the assignment of representatives on the business committee to those lists which have not obtained at least five per cent of the votes for each college.

By means of the proportional representation system, each list shall be assigned the number of posts corresponding to it, in accordance with the ratio resulting from dividing the number of valid votes for the number of posts to be filled. If you have put or posts left over, they will be assigned to the list or lists that have a larger number of votes.

(c) Within each list the candidates shall be chosen in the order in which they appear in the application.

3. Non-compliance with any of the above rules will determine the nulliability of the choice of the candidate or candidates affected.

Article 72. Representatives of those who provide services in fixed-discontinuous and non-permanent workers.

1. Those who provide services in fixed-discontinuous work and fixed-term contract workers shall be represented by the bodies set out in this title in conjunction with the fixed workforce.

2. Therefore, for the purpose of determining the number of representatives, the following will be available:

(a) Those who provide services in fixed-discontinuous work and contract-related workers of a given duration of more than one year shall be counted as fixed workforce workers.

(b) The contract for up to one year shall be computed according to the number of days worked in the period of one year prior to the convocation of the election. Every two hundred days worked or fraction will be computed as one more worker.

Article 73. Election table.

1. A table shall be set up at the undertaking or working centre for each college of two hundred and fifty electors or fractions.

2. The bureau will be in charge of monitoring the entire electoral process, presiding over the vote, holding the vote, lifting the corresponding record, and resolving any complaints that arise.

3. The bureau will be made up of the president, who will be the longest-serving worker in the company, and two vowels, who will be the oldest and youngest voters. The latter will act as secretary. Alternate members shall be appointed to those workers who follow the members of the bureau in the order of seniority or age.

4. None of the components of the table may be a candidate and, if so, the alternate shall replace him.

5. Each candidate or candidate may, where appropriate, appoint a controller by bureau. The employer may also appoint a representative of his or her attending the vote and the vote.

Article 74. Functions of the table.

1. The purpose of holding elections is to inform the company, which, within seven days, will transfer the communication to the workers who must be the bureau, as well as to the workers ' representatives, putting it at the same time. in the knowledge of the promoters.

The electoral table will be formally constituted, by means of the act granted to the effect, on the date fixed by the promoters in their communication of the purpose of holding elections, which will be the date of initiation of the electoral process.

2. In the case of elections to staff delegates, the employer shall, in the same term, forward to the constituents of the electoral bureau the labour census, which shall be adjusted, for these purposes, to a standard model.

The election table will perform the following functions:

a) It will make public work among workers the indication of who they are voters.

b) Set the number of representatives and the deadline for submission of applications.

c) You will receive and proclaim the entries to be submitted.

d) Will point to the voting date.

e) Redactara el acta de canvassing en un timelimo no longer a très dias naturales.

The deadlines for each of the acts will be indicated by the table with criteria of reasonableness and as advised by the circumstances, but, in any case, between its constitution and the date of the elections will not measure more than ten days.

In the case of elections in job centers of up to thirty workers in which a single delegate of staff is elected, from the establishment of the bureau to the voting and the proclamation of elected candidates there will be Twenty-four hours must elapse, and in any event the time for the vote to be held shall be made public in good time. If a complaint has been made, it shall be recorded in the minutes, as well as the decision taken by the bureau.

3. In the case of elections to members of the business committee, the electoral bureau shall ask the employer to carry out the work census and to produce, with the means to be provided by him, the list of voters. It shall be made public in the bulletin boards by means of its exposure for a period of not less than seventy-two hours.

The table will resolve any incidence or claim regarding inclusions, exclusions or corrections that are submitted up to twenty-four hours after the end of the list's exposure period. It shall publish the final list within 24 hours. The bureau, or all of them, shall then determine the number of members of the committee to be elected in accordance with the provisions of Article 66.

Nominations will be submitted during the nine days following the publication of the final list of voters. The proclamation shall be made within two working days after the end of the said period, and shall be published on the boards referred to. Against the proclamation agreement, it may be claimed within the following working day, resolving the table at the later working day.

Between the candidate proclamation and the vote will measure at least five days.

Article 75. Vote for delegates and works councils.

1. The act of the vote shall take place at the centre or place of work and during the working day, taking into account the rules governing voting by post.

The entrepreneur will provide the precise means for the normal development of the vote and the entire electoral process.

2. The vote will be free, secret, personal and direct, with the ballots being deposited, which in size, color, print and paper quality will be of equal characteristics, in closed ballot boxes.

3. Immediately after the vote, the voting table will proceed publicly to the counting of votes by reading by the president, aloud, of the ballots.

4. The result of the vote shall be taken up in accordance with the standard model in which the incidents and protests of the case are to be included. The minutes shall be signed by the members of the bureau, the financial controller and the representative of the employer, if any. The voting tables of the same company or centre, at joint meeting, shall be followed by the minutes of the overall result of the vote.

5. Copies of the scrutiny report shall be forwarded by the bureau president to the employer and to the interveners, as well as to the elected representatives.

The result of the vote will be published in the bulletin boards.

6. The original of the minutes, together with the ballot papers null or contested by the interventors and the minutes of the establishment of the bureau, shall be submitted within three days to the public office dependent on the employment authority by the president of the the bureau, who may delegate in writing to a member of the bureau. The public office dependent on the labour authority shall proceed on the immediate working day to the publication in the notice boards of a copy of the minutes, giving copies to the trade unions which so request and shall transfer the company from the presentation in that public office of the act corresponding to the electoral process that has taken place in that office, with an indication of the date on which the deadline for challenging it ends and will keep the deposit of the ballots until the deadlines of challenge. The public office dependent on the labour authority, after 10 working days from the publication, shall proceed or not to register the electoral records.

7. It is for the public office dependent on the labour authority to register the minutes, as well as the issue of authentic copies thereof and, at the request of the trade union concerned, of the certification certificates of their capacity representative for the purposes of Articles 6 and 7 of the Organic Law 11/1985 of 2 August of Freedom of Association. Such certificates shall state whether or not the trade union has the status of more representative or representative, unless the exercise of the relevant functions or powers requires the accuracy of the particular representativeness held. In addition, and for the purposes of the work, the public office dependent on the labour authority may extend certificates of election results to the trade union organisations that request them.

The refusal to register a record by the public office dependent on the labour authority may be made only in the case of minutes which are not extended in the official standard model, the lack of communication of the election promotion to the public office, lack of signature of the president of the electoral bureau or omission or illegibility in the minutes of any of the data that prevents the electoral computation.

In these cases, the public office dependent on the labor authority shall, within the following working day, require the president of the electoral bureau so that within ten working days, the corresponding sub-healing shall proceed. This requirement shall be communicated to the trade unions which have obtained representation and to the other candidates. Once the sub-healing has been carried out, this public office will proceed to the registration of the corresponding electoral record. After that period of time without the actual or uncompleted being made, the public office dependent on the labour authority shall, within 10 working days, refuse the registration, communicating it to the trade unions which have obtained representation and the president of the bureau. In the event that the refusal of registration is due to the absence of communication from the electoral promotion to the public office dependent on the labour authority, there is no need for a remedy, so that the absence of such an office is proven public, the public will proceed without further processing the refusal of registration, communicating it to the president of the electoral bureau, to the unions that have obtained representation and to the rest of the candidacies.

The decision rejecting the registration may be challenged in the social court order.

Article 76. Claims on election matters.

1. The electoral challenges shall be dealt with in accordance with the arbitration procedure laid down in this Article, with the exception of refusal of registration, the complaints of which may arise directly from the social jurisdiction.

2. All those who have a legitimate interest, including the company where such interest is present, may contest the election, decisions taken by the bureau, as well as any other actions of the same throughout the electoral process, for this purpose in the existence of serious defects which could affect the guarantees of the electoral process and which alter its outcome, in the lack of capacity or legitimacy of the candidates chosen, in the disagreement between the minutes and the development of the the electoral process and the lack of correlation between the number of workers listed in the elections and the number of elected representatives. The impeachment of acts of the electoral bureau shall require a complaint within the working day following the act and shall be resolved by the bureau at the later working day, except as provided for in the last paragraph of Article 74.2.

3. The arbitrators shall be appointed in accordance with the procedure laid down in this paragraph, except where the parties to an arbitration procedure agree on the appointment of a different arbitrator.

The arbitrator or arbitrators shall be appointed, in accordance with the principles of neutrality and professionalism, among law graduates, social graduates, as well as equivalent graduates, by unanimous agreement of the most representative, at the State level or from Autonomous Communities as appropriate, and from those who hold ten per cent or more of the delegates and members of the works councils at the relevant provincial, functional or business level. If there is no unanimous agreement between the trade unions identified above, the competent labour authority shall establish the form of designation, taking into account the principles of impartiality of the arbitrators, the possibility of being challenged and the participation of the of the trade unions in his appointment.

The duration of the arbitrators ' term of office shall be five years, subject to renewal.

The employment administration shall facilitate the use of its personal and material means by the arbitrators to the extent necessary for them to carry out their duties.

4. The arbitrators shall abstain and, failing that, be challenged in the following cases:

a) Having a personal interest in the matter in question.

b) To be an administrator of a company or an interested entity, or to have a contentious issue with either party.

c) Having a kinship of consanguinity within the fourth grade or affinity within the second, with any of the stakeholders, with the administrators of entities or societies interested and also with the advisors, representatives legal or representative to intervene in the arbitration, as well as to share professional office or to be associated with them for the advice, representation or mandate.

d) Having intimate friendship or manifest enmity with one of the persons mentioned in point (c).

e) Have a service relationship with natural or legal person directly interested in the matter or have provided them in the last two years professional services of any kind and in any circumstance or place.

5. The arbitral proceedings shall be initiated in writing addressed to the public office dependent on the labour authority, to whom it has promoted the elections and, where appropriate, to those who have submitted candidates for the contested elections. This document, which shall contain the facts which are sought to contest, shall be submitted within three working days from the date following the date on which the facts were produced or the complaint was settled by the bureau; in the case of The contested decision shall be taken into account in the case of the contested decision, which shall be taken into account in the case of the contested decision, and shall be taken into account in the case of the contested decision. If acts of the day of the vote are contested or subsequent to it, the time limit shall be ten working days, counted from the entry of the minutes into the public office dependent on the labour authority.

Until the end of the arbitral proceedings and, where appropriate, the subsequent judicial challenge, the processing of a new arbitration procedure will be paralyzed. The arbitration approach will interrupt the limitation periods.

6. The public office dependent on the employment authority shall transfer the arbitrator of the document on the working day after its receipt and a copy of the administrative electoral file. If electoral records have been submitted for registration, their processing shall be suspended.

At the following 24 hours, the arbitrator shall summon the interested parties to appear before him, which shall take place within three working days. If the parties, before appearing before the arbitrator appointed in accordance with paragraph 3, have agreed and appointed a different one, they shall notify the public office of the labour authority so that they may be transferred. to this arbitrator of the electoral administrative file, continuing with the remainder of the procedure.

The arbitrator, within three working days following the appearance and prior practice of the evidence from or in accordance with the law, that may include the personation in the working center and the request for the collaboration necessary from the employer and the Public Administrations, he will dictate. The award shall be written and reasoned, resolving in law on the challenge of the electoral process and, where appropriate, on the record of the minutes, and shall be notified to the persons concerned and to the public office dependent on the labour authority. If the vote has been contested, the office shall register the minutes or its refusal, in accordance with the content of the award.

The arbitral award may be challenged before the social court order through the corresponding procedural mode.

CHAPTER II

The Meeting Right

Article 77. The workers ' assemblies.

1. In accordance with the provisions of Article 4, workers in the same undertaking or workplace have the right to meet in assembly.

The assembly may be convened by the staff delegates, the business committee or the working centre, or by a number of workers not less than thirty-three per cent of the workforce. The assembly shall be chaired, in any case, by the business committee or by the staff delegates jointly, who shall be responsible for the normal development of the assembly, as well as for the presence in the assembly of persons not belonging to the assembly. company. It may only be dealt with in cases which appear previously on the agenda. The President shall inform the employer of the call and the names of the persons not belonging to the undertaking who are to attend the assembly and shall agree with him on appropriate measures to avoid prejudice to the normal activity of the undertaking. company.

2. Where, as a result of working in shifts, due to the inadequacy of the premises or any other circumstance, the entire establishment cannot be simultaneously met without prejudice or alteration in the normal development of production, the various meetings Partial to be held shall be considered as a single and dated on the day of the first.

Article 78. Meeting place.

1. The place of assembly shall be the working centre, if the conditions of the meeting permit, and it shall take place outside the working hours, except in agreement with the employer.

2. The employer shall provide the centre of work for the holding of the assembly, except in the following cases:

a) If the provisions of this law are not complied with.

b) If less than two months have elapsed since the last meeting held.

(c) If the compensation for damage caused by alterations occurred in any previous meeting, or has not been established, it would have been established.

d) Legal closure of the company.

Information meetings on collective agreements that apply to them shall not be affected by the provisions of point (b).

Article 79. Call.

The call, with the expression of the order of the day proposed by the convenors, shall be communicated to the employer forty-eight hours in advance, at least, and must be acknowledged.

Article 80. Votes.

When the convening of the assembly by the conveners of agreements affecting all the workers, it will be necessary for the validity of those the favorable vote personal, free, direct and secret, including the vote by mail, half plus one of the workers in the company or job center.

Article 81. Local and bulletin board.

In companies or workplaces, provided that their characteristics permit, a suitable premises in which they can carry out their activities shall be made available to the staff delegates or to the business committee. communicate with workers, as well as one or more bulletin boards. The legal representation of employees of contractors and subcontractors who share on an ongoing basis will be able to make use of such premises on the terms they agree with the company. Possible discrepancies will be resolved by the labour authority, after the Labour and Social Security Inspectorate report.

TITLE III

From collective bargaining and collective agreements

CHAPTER I

General provisions

Section 1. Nature and effects of conventions

Article 82. Concept and effectiveness.

1. Collective agreements, as a result of the negotiation developed by the representatives of workers and employers, constitute the expression of the agreement freely adopted by them under their collective autonomy.

2. By means of collective agreements, workers and employers in their respective fields regulate working and productivity conditions. They will also be able to regulate labor peace through the obligations that are agreed upon.

3. The collective agreements governed by this law require all employers and employees within their scope and throughout the period of their validity.

Without prejudice to the foregoing, when economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as As provided for in Article 87 (1), it may, after a period of consultation in accordance with Article 41.4, be carried out to inapply the working conditions laid down in the applicable collective agreement in the undertaking to the undertaking, whether or not of a company, affecting the following matters:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39.

g) Voluntary improvements to the protective action of Social Security.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of work of the staff or in the way of organizing production, and productive causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

The intervention as interlocutors to the management of the company in the consultation procedure shall correspond to the subjects referred to in Article 41.4, in the order and conditions specified therein.

When the period of consultations is concluded by agreement, the supporting causes referred to in the second subparagraph shall be presumed to be present, and may be challenged only in the case of social jurisdiction for the existence of fraud, or abuse of law in its conclusion. The agreement shall determine exactly the new working conditions applicable to the undertaking and its duration, which may not be extended beyond the time when a new agreement is applicable in that undertaking. The implementation agreement shall not give rise to any failure to comply with the obligations laid down in the Convention relating to the elimination of discrimination on grounds of gender or which, where appropriate, are provided for in the equality plan. applicable in the company. The agreement must also be notified to the joint committee of the collective agreement.

In case of disagreement during the period of consultations either party may submit the discrepancy to the commission of the convention, which will have a maximum of seven days to decide, to count since the Discrepancy was raised. Where the intervention of the commission has not been requested or the commission has not reached an agreement, the parties shall have recourse to the procedures laid down in the inter-branch agreements at State or regional level, provided for in Article 1 (1). in Article 83, in order to deal effectively with the discrepancies arising in the negotiation of the agreements referred to in this paragraph, including the prior undertaking to submit the discrepancies to a binding arbitration, in which case the award The arbitration panel shall have the same effectiveness as the agreements in the period of consultations and shall only be in accordance with the procedure and on the grounds laid down in Article 91.

When the consultation period ends without agreement and the procedures referred to in the preceding paragraph are not applicable or the discrepancy has not been fixed, either party may submit the solution. of the same to the National Consultative Commission of Collective Agreements when the inapplication of the working conditions affects to the job centers of the company located in the territory of more than one autonomous community, or to the organs corresponding to the autonomous communities in other cases. The decision of these bodies, which may be adopted within their own body or by a arbitrator appointed for the purpose by themselves with due guarantees to ensure their impartiality, shall be issued within a period of not more than 25 days from from the date of the submission of the conflict to those bodies. Such a decision shall have the effectiveness of the agreements reached in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down in Article 91.

The outcome of the procedures referred to in the preceding paragraphs that have ended with the application of working conditions shall be communicated to the labour authority for the sole purpose of deposit.

4. The collective agreement that takes place on an earlier one may have the rights recognized in that agreement. In this case it will be fully implemented in the new convention.

Article 83. Trading units.

1. Collective agreements shall have the scope to which the parties agree.

2. The most representative trade unions and employers ' associations, of a state or autonomous community, may, by means of inter-branch agreements, establish clauses on the structure of collective bargaining, their case, the rules to resolve concurrency conflicts between conventions of different scope.

These clauses may also be agreed upon in collective agreements or collective agreements, at state or regional level, by those trade unions and associations that have the necessary legitimacy, according to the with what is established in this law.

3. Such workers 'and employers' organisations may also draw up agreements on specific subjects. These agreements, as well as the inter-branch agreements referred to in paragraph 2, shall be dealt with in accordance with this law for collective agreements.

Article 84. Concurrency.

1. A collective agreement, during its lifetime, may not be affected by the provisions of a different scope of agreements unless otherwise agreed, negotiated in accordance with the provisions of Article 83.2, and except as provided for in the following paragraph.

2. The regulation of the conditions laid down in a company agreement, which may be negotiated at any time during the validity of collective agreements at a higher level, will have priority to apply in respect of the State, regional, and regional or lower-level in the following subjects:

(a) The amount of the basic salary and salary supplements, including those linked to the company's situation and results.

b) Credit or compensation for overtime and specific pay for shift work.

c) Time and distribution of working time, shift work arrangements and annual holiday planning.

d) Adaptation to the business of the professional classification system of workers.

e) The adaptation of the aspects of the procurement modalities that are attributed by this law to company agreements.

f) Measures to promote reconciliation between work, family and personal life.

(g) Those other than the collective agreements and agreements referred to in Article 83.2.

Equal application priority will have in these matters collective agreements for a group of companies or a plurality of companies linked for organizational or productive reasons and nominally identified to which Article 87.1.

The collective agreements and agreements referred to in Article 83.2 may not have the application priority provided for in this paragraph.

3. Unless otherwise negotiated in accordance with Article 83.2, trade unions and business associations which fulfil the requirements for the legitimation of Articles 87 and 88 may, in the field of an autonomous community, negotiate agreements or agreements. which affect the provisions of the State-wide scope, provided that such decision obtains the support of the majority required to constitute the negotiating body in the relevant negotiating unit.

4. In the case provided for in the preceding paragraph, and unless a different regime established by agreement or collective agreement of a State-wide scope negotiated in accordance with Article 83.2 is applied, non-negotiable matters shall be deemed to be non-negotiable. the scope of the test period, the procedures for recruitment, the professional classification, the maximum annual working day, the disciplinary system, the minimum standards for the prevention of occupational risks and the geographical mobility.

Article 85. Content.

1. In accordance with the laws, collective agreements may regulate matters of an economic, labour, trade union and, in general, other matters affecting the conditions of employment and the area of relations of workers and their organizations. representative with the employer and the business associations, including procedures for resolving the discrepancies arising in the periods of consultation provided for in Articles 40, 41, 47 and 51; the arbitral awards which may be They shall have the same effectiveness and treatment as the agreements in the consultation period, being susceptible to challenge on the same terms as the ruling awards for the settlement of disputes arising from the application of the conventions.

Without prejudice to the freedom of the parties to determine the content of collective agreements, in the negotiation of collective agreements, in any case, the duty to negotiate measures aimed at promoting equal treatment and equal treatment of men and women opportunities for women and men in the field of work or, where appropriate, equality plans with the scope and content provided for in Chapter III of Title IV of the Organic Law 3/2007 of 22 March on the effective equality of women and men.

2. Through collective bargaining, procedures for information and monitoring of objective redundancies can be established at the appropriate level.

Likewise, without prejudice to the freedom of procurement that the parties are recognized, through collective bargaining the duty to negotiate equality plans in companies of more than two hundred and fifty workers will be articulated. as follows:

(a) In collective agreements at the business level, the duty to negotiate will be formalised in the framework of the negotiation of such conventions.

(b) In collective agreements of a higher level than the enterprise, the obligation to negotiate will be formalized through collective bargaining that takes place within the company in terms and conditions that would have been established in the (a) to complete such a duty to negotiate through the appropriate rules of complementarity.

3. Without prejudice to the freedom of procurement referred to in the preceding paragraphs, collective agreements shall express as a minimum content the following:

a) Determination of the parts that make them aware.

b) Personal, functional, territorial, and temporal scope.

(c) Procedures for effectively resolving any discrepancies that may arise for the non-application of the working conditions referred to in Article 82.3, adapting, where appropriate, the procedures to be established in this respect in inter-branch agreements at State or regional level in accordance with the provisions of that Article.

d) Form and conditions of denunciation of the agreement, as well as the minimum time limit for such denunciation before the end of its validity.

e) Designation of a joint committee of the representation of the negotiating parties to understand those questions established in the law and how many others are attributed to it, as well as the establishment of the procedures and time limits for action by this committee, including the submission of discrepancies in the non-judicial systems for the settlement of disputes established by means of inter-branch agreements at the State or regional level provided for in Article 83.

Article 86. Effective.

1. It is up to the negotiating parties to establish the duration of the agreements, possibly allowing for different periods of validity for each material or homogeneous group of subjects within the same convention.

During the duration of the collective agreement, the subjects who meet the legitimization requirements provided for in Articles 87 and 88 may negotiate their review.

2. Unless otherwise agreed, collective agreements shall be extended from year to year if they do not provide express denunciation of the parties.

3. The validity of a collective agreement, once the agreed duration has been terminated and terminated, will occur in the terms that would have been established in the agreement itself.

During the negotiations for the renewal of a collective agreement, in the absence of a pact, its validity will be maintained, although the conventional clauses for which the strike would have been waived during the term of an agreement decawere from their complaint. The parties may adopt partial agreements for the modification of some or some of their extended contents in order to adapt them to the conditions in which, after the termination of the agreed term, the activity in the sector is carried out or in the company. These agreements shall have the effect that the parties determine.

By means of inter-professional agreements at the State or regional level, provided for in Article 83, procedures for general and direct application must be established in order to deal effectively with existing discrepancies. after the course of the negotiation procedure without reaching an agreement, including the prior commitment to submit the discrepancies to an arbitration, in which case the arbitral award shall have the same legal effectiveness as the collective agreements and only be used in accordance with the procedure and on the basis of the reasons set out in the Article 91. Such inter-branch agreements shall specify the criteria and procedures for the development of the arbitration, expressing in particular the failure to agree within the negotiating committee on the compulsory or compulsory nature of the voluntary submission to the arbitration proceedings by the parties; in the absence of a specific agreement on the compulsory or voluntary nature of the submission to the arbitral proceedings, the arbitration shall be deemed to be binding.

Elapsed one year after the denunciation of the collective agreement without the agreement of a new agreement or the award of an arbitration award, the latter shall, unless otherwise agreed, be forfeited and the collective agreement shall apply, if any top-level application that is out of application.

4. The convention that happens to an earlier one repeals in its integrity the latter, except for the aspects that are expressly maintained.

Section 2. Legitimation

Article 87. Legitimization.

1. On behalf of the workers, they shall be entitled to negotiate in the business and lower-level agreements, the business committee, the staff delegates, where appropriate, or the trade union sections if they have, as a whole, the majority of committee members.

The intervention in the negotiation will be the responsibility of the trade union sections when they agree, as long as they add up the majority of the members of the business committee or among the staff delegates.

In the case of agreements for a group of undertakings, as well as in conventions affecting a plurality of undertakings linked for organisational or productive reasons and nominally identified in their field of application, the legitimacy to negotiate on behalf of the workers shall be that laid down in paragraph 2 for the negotiation of the sectoral conventions.

In the agreements addressed to a group of workers with specific professional profile, they will be legitimized to negotiate the trade union sections that have been designated by their representatives in a majority vote. personal, free, direct and secret.

2. In the sectoral conventions they shall be entitled to negotiate on behalf of workers:

(a) Trade unions that have the most representative status at the state level, as well as, in their respective areas, affiliated, federated, or Confederate trade union organizations.

(b) Trade unions which have the most representative status at the level of the Autonomous Community in respect of conventions which do not go beyond that territorial scope, as well as, in their respective fields, the affiliated, federated, or Confederate trade unions.

(c) Trade unions with a minimum of ten per cent of the members of the works councils or staff delegates at the geographical and functional level to which the agreement relates.

3. On behalf of employers they will be entitled to negotiate:

a) In the business or lower-level agreements, the entrepreneur himself.

(b) In the group agreements of undertakings and in which they affect a plurality of undertakings linked for organisational or productive reasons and nominally identified in their field of application, the representation of such undertakings companies.

(c) In the sectoral collective agreements, the business associations which, within the geographical and functional scope of the agreement, have ten per cent of the employers, within the meaning of Article 1.2, and provided that they As a percentage of the workers concerned, as well as those employers ' associations which in this field employ 15% of the workers concerned.

In those sectors where there are no business associations with sufficient representativeness, as provided for in the previous paragraph, they will be entitled to negotiate the relevant conventions. In the case of a group of industry associations, the state-level business associations that have ten percent or more of the companies or workers at the state level, as well as the business associations of the autonomous community that have a at least 15% of the companies or workers.

4. In addition, the autonomous community trade unions, which are considered more representative in accordance with the provisions of Article 7.1 of the Organic Law 11/1985 of 2 August, of Freedom, will be legitimized in the State-wide conventions. Union, and the business associations of the autonomous community that meet the requirements outlined in the sixth provision of this law.

5. Any trade union, federation or union confederation, and any business association which meets the requirement of legitimation, shall be entitled to be a part of the negotiating commission.

Article 88. Negotiating committee.

1. The distribution of members with a voice and vote within the special negotiating body shall be carried out with respect to the right of all persons entitled under the preceding article and in proportion to their representativeness.

2. The negotiating committee shall be validly constituted when the trade unions, federations or confederations and the business associations referred to in the preceding Article represent at least the absolute majority of the members of the works councils and staff delegates, where appropriate, and employers who occupy the majority of the workers affected by the agreement.

In those sectors where there are no workers ' representation bodies, the negotiating commission shall be validly understood if it is composed of the trade union organisations which hold the status of more representative at the State or Autonomous Community level.

In those sectors where there are no business associations that have sufficient representativeness, the negotiating commission shall be validly understood when it is composed of the organizations State or regional business referred to in the second paragraph of Article 87 (3) (c)

In the cases referred to in the preceding two paragraphs, the division of the members of the special negotiating body shall be made in proportion to the representativeness of the trade union or business organizations in the territorial scope of the negotiation.

3. The designation of the components of the commission will be the responsibility of the negotiating parties, who will be able to appoint a president by mutual agreement and count on the assistance in the deliberations of the advisors, who will intervene, just like the president, with voice but no vote.

4. In the sectoral conventions, the number of members representing each party shall not exceed 15. The rest of the conventions shall not exceed the number of thirteen.

5. If the special negotiating body is to opt for the non-election of a president, the parties shall record in the minutes of the committee's constituent session the procedures to be used to moderate the sessions and shall sign the minutes corresponding to the a representative of each of them, together with the secretary.

CHAPTER II

Procedure

Section 1. ª Fulfillment, Application, and Interpretation

Article 89. Processing.

1. The representation of workers, or employers, which promotes negotiation, will communicate it to the other party, expressing in detail in the communication, which must be made in writing, the legitimation it holds in accordance with the previous articles, the areas of the convention and the subject matter of negotiation. In the event that the promotion is the result of the denunciation of a collective agreement in force, the communication must be carried out simultaneously with the act of the complaint. For the purposes of registration, a copy of this communication shall be sent to the corresponding labour authority according to the territorial scope of the agreement.

The receiving party of the communication may only refuse the initiation of the negotiations for legal or conventionally established cause, or when it is not a matter of reviewing an agreement already expired, without prejudice to the Articles 83 and 84; in any case it shall be answered in writing and in a reasoned manner.

Both sides will be obliged to negotiate under the principle of good faith.

In the cases of violence, both on persons and on property, and both parties will verify their existence, the ongoing negotiations will be suspended immediately until the end of the negotiations.

2. Within one month of the receipt of the communication, the special negotiating body shall be set up; the receiving party of the communication shall respond to the proposal for negotiation and both parties shall draw up a timetable or negotiation plan.

3. The agreements of the commission shall in any event require the favourable vote of the majority of each of the two representations.

4. At any time of the deliberations, the parties may agree to the intervention of a mediator appointed by them.

Article 90. Validity.

1. The collective agreements referred to in this law must be formalized in writing, subject to a penalty of nullity.

2. The agreements shall be submitted to the competent labour authority, to the sole registration effects, within a period of 15 days from the date on which the negotiating parties sign it. Once registered, the agreement shall be forwarded to the public body responsible for its deposit.

3. Within the maximum period of 20 days from the date of submission of the agreement, the labour authority shall have its compulsory and free publication in the Official Gazette of the State or in the official gazette of the Community. autonomous or province, depending on the territorial scope of the agreement.

4. The agreement shall enter into force on the date on which the parties agree.

5. If the labour authority considers that a convention is in breach of the law in force or seriously injures the interest of third parties, it shall, on its own initiative, address the social jurisdiction, which shall decide on the possible deficiencies prior to the hearing of the parties. parties, in accordance with the provisions of Law 36/2011 of October 10, Regulatory of Social Jurisdiction.

6. Without prejudice to the above paragraph, the labour authority shall ensure that the principle of equality is respected in collective agreements which may contain discrimination, whether direct or indirect, by reason of sex.

For such purposes, it may seek the advice of the Institute of Women and for Equal Opportunities or of the equality bodies of the Autonomous Communities, as appropriate for their territorial scope. Where the labour authority has addressed the social jurisdiction to the understanding that the collective agreement may contain discriminatory clauses, it shall bring it to the attention of the Institute of Women and Equal Opportunities or of the equality bodies of the autonomous communities, according to their territorial scope, without prejudice to the provisions of Article 95.3 of Law 36/2011 of 10 October, regulating the Social Jurisdiction.

Article 91. Application and interpretation of the collective agreement.

1. Without prejudice to the powers legally conferred on the social jurisdiction, the knowledge and resolution of questions arising from the application and interpretation of collective agreements shall be the responsibility of the joint committee of the same.

2. By way of derogation from the above paragraph, in the collective agreements and in the agreements referred to in Article 83.2 and 3, procedures may be established, such as mediation and arbitration, for the settlement of disputes. collective agreements, which are derived from the application and interpretation of collective agreements. The agreement reached through the mediation and the arbitral award shall have the same legal effectiveness and processing as the collective agreements regulated in this law, provided that those who have adopted the agreement or signed the arbitration agreement they have the right to agree, in the field of conflict, to a collective agreement as provided for in Articles 87, 88 and 89.

These agreements and awards will be open to challenge for reasons and in accordance with the procedures laid down for collective agreements. Specifically, the appeal against the arbitral award shall be the case where the conditions and formalities laid down for that purpose have not been observed in the conduct of the arbitral proceedings, or where the award has been settled on non-arbitration points. subject to their decision.

3. In the case of collective disputes concerning the interpretation or application of the Convention, the Joint Committee of the Convention must be involved, prior to the formal approach to the conflict in the field of non-judicial proceedings. referred to in the preceding paragraph or to the competent judicial body.

4. The resolutions of the Joint Committee on the interpretation or application of the Convention shall have the same legal effectiveness and treatment as the collective agreements governed by this law.

5. The dispute settlement procedures referred to in this Article shall also apply to disputes of an individual nature, where the parties expressly submit to them.

Section 2

Article 92. Adhesion and extension.

1. In the respective negotiating units, the parties entitled to negotiate may, by common agreement, accede to the whole of a collective agreement in force, provided that they are not affected by another, communicating it to the labour authority. competent for registration purposes.

2. The Ministry of Employment and Social Security, or the corresponding body of the autonomous communities with competence in the field, may, with the effects provided for in Article 82.3, extend the provisions of a collective agreement in force to a a number of undertakings and workers, or a sector or subsector of activity, for the loss of a collective agreement as provided for in this Title III, due to the absence of such a contract, for the loss of a collective agreement in that area; parties legitimized for this purpose.

The extension decision shall always be taken at the request of a party and through the processing of the procedure to be determined, the duration of which may not exceed three months, with the absence of an express resolution within the time limit set out in the application.

They will have the capacity to initiate the extension procedure who are entitled to promote collective bargaining in the field concerned in accordance with the provisions of Article 87.2 and 3.

Additional disposition first. Self-employed work.

Your self-employed work will not be subject to labour law, except in those aspects that are expressly provided for by law.

Additional provision second. Contracts for training and learning.

1. The age and duration limit for contracts for the training and learning provided for in Article 11.2 (a) and (b) shall not apply when they are concluded in the framework of the public employment and training programmes referred to in Article 11 (2) of the Treaty. in the recast text of the Employment Law.

In addition, in these contracts, situations of temporary incapacity, risk during pregnancy, maternity, adoption, maintenance for adoption, acceptance, risk during breastfeeding and paternity will not interrupt the the duration of the contract.

2. The protective action of Social Security in the contracts for training and learning, which is signed with students working in the workshop school programmes, trades houses and employment workshops, will cover the same contingencies, protection and benefits which for the rest of the workers employed under this modality, as provided for in Article 11 (2) (h) and the recast text of the General Law on Social Security, with the exception of unemployment.

Additional provision third. Collective bargaining and fixed contract of work.

The provisions of Article 15 (1) (a) and (5) and Article 49 (1) (c) are without prejudice to the provisions of or may be established on the regulation of the fixed contract of work, including compensation for the termination of the contract, in the negotiations In accordance with the third additional provision of Law 32/2006 of 18 October 2006, the regulator of subcontracting in the construction sector.

Additional provision fourth. Remuneration concepts.

The amendments introduced by Law 11/1994 of 19 May, amending certain articles of the Workers ' Statute, and the articles of the Law on Labour Procedure and the Law on Infringements and penalties in the social order, in the legal regulation of the salary, will not affect the remuneration concepts which the workers have recognised until 12 June 1994, which will be maintained on the same terms as they would be in that respect. time until a collective agreement establishes a wage regime that will result in the disappearance or modification of these concepts.

Additional provision fifth. Senior management staff.

The remuneration of senior management staff shall enjoy the guarantees of the salary set out in Articles 27.2, 29, 32 and 33.

Additional provision sixth. Institutional representation of employers.

For the purpose of holding institutional representation in defense of the general interests of the businessmen before the Public Administrations and other entities or bodies of a state or autonomous community that have it (a) it shall be understood that the business associations which have ten per cent or more of the undertakings and workers at the State level are entitled to this representative capacity.

Also, the business associations of autonomous community that have a minimum of fifteen percent of the employers and workers will also be represented. Business associations which are integrated in state-wide federations or confederations shall not be included in this case.

Business organisations that have the status of most representative under this additional provision will be able to obtain temporary disposals from the use of public property in the terms of the they are legally established.

Additional provision seventh. Conditions regulation by activity branch.

The regulation of working conditions by branch of activity for the economic sectors of the production and territorial demarcations in which there is no collective agreement can be carried out by the government, on a proposal from the Ministry (a) the Commission shall, without prejudice to the provisions of Article 92, provide for consultations which it considers appropriate to the business associations and trade union organisations, which shall always be a priority procedure.

Additional disposition octave. Labor Code.

The government, on a proposal from the Ministry of Employment and Social Security, will collect in a single text called the Labor Code, the various organic and ordinary laws that, together with the present, regulate labor matters, by ordering them in separate titles, one by law, with correlative numbering, in full respect of their literal text.

In addition, all general labor provisions will be incorporated and periodically incorporated in the Labor Code through the procedure that the Government establishes in terms of the incorporation technique, according to the the built-in rules.

Additional provision ninth. National Consultative Commission on Collective Agreements.

1. The National Consultative Commission on Collective Agreements, as a collegiate body, attached to the Ministry of Employment and Social Security through the Directorate-General for Employment, a tripartite and a joint committee and composed of representatives of the The General Administration of the State, as well as the most representative business and trade union organizations, will have the following functions:

(a) The advice and consultation on the functional scope of collective agreements and on the collective agreement of application to a company, as well as the consultation in the event of extension of a collective agreement regulated in the Article 92.

b) The study, information and development of documentation on collective bargaining, as well as the dissemination of the same through the Collective Bargaining Observatory.

(c) Intervention in dispute settlement procedures in cases of disagreement in the period of consultations for the implementation of the working conditions laid down in the collective agreements in accordance with the Article 82.3.

2. The composition and organization of the National Consultative Commission on Collective Agreements, as well as their procedures for action, will be established.

3. The operation and decisions of the National Advisory Committee on Collective Agreements shall always be without prejudice to the powers that correspond to the jurisdiction and the employment authority in the terms established by the laws.

4. In order to develop the functions set out in this law, the National Consultative Commission on Collective Agreements will be strengthened in its actions by the Directorate General for Employment in accordance with the support measures to be established in the regulatory development standards, after consultation with the most representative trade union and business organisations.

5. If any autonomous community does not have constituted and in operation a tripartite body equivalent to the National Consultative Commission of Collective Agreements or maintain a collaboration agreement in force with the Ministry of Employment and Security In the context of the Commission's action in the territorial area of that community, the National Advisory Committee on Collective Agreements may, in the alternative and as soon as these bodies are not established and in operation, be established. equivalent tripartite, to know of the applications submitted by the companies and the legal representatives of workers to provide a solution to discrepancies arising out of a lack of agreement on the implementation of the working conditions, which are present in the collective agreement of application, where such implementation affects (a) business centres located in the territory of that Autonomous Community.

Additional provision 10th. Clauses of collective agreements relating to the fulfilment of the ordinary retirement age.

The clauses of the collective agreements that permit the termination of the contract of employment by the worker of the ordinary retirement age fixed in the legislation of the Social security, whatever the extent and scope of such clauses.

Additional provision eleventh. Accreditation of the representative capacity of trade union organisations.

For the purpose of issuing the certification certificates of the representative capacity of the trade union organizations in the state field provided for in Article 75.7, the autonomous communities shall submit monthly copy of the registered electoral records to the state public office.

Additional disposition twelfth. Preads.

The government may reduce the minimum notice period of one month provided for in the second paragraph of Article 67.1, in the sectors of activity with high staff mobility, after consultation with the trade union organizations This is a functional area, at least ten per cent of the employees 'representatives, and with the employers' associations with ten per cent of the employers and workers affected by the same field. functional.

Additional disposition thirteenth. Non-judicial solution of conflicts.

In the event that a procedure for resolving discrepancies in the periods of consultation has not yet been agreed in the applicable collective agreement, it would have been established, in accordance with Article 83, non-judicial dispute settlement procedures in the relevant territorial area, who are party to such periods of consultation may subject their dispute to such bodies by common accord.

Additional disposition fourteenth. Consideration of victims of terrorism for work purposes.

They are considered to be included for the purposes of Articles 37.8 and 40.4 of the persons referred to in Articles 5 and 33 of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of the Terrorism.

Additional provision 15th. Application of the term limits of the contract for certain work or service and the chain of contracts in public administrations.

1. Article 15 (1) (a) in respect of the maximum duration of the contract for the work or service specified and Article 15 (5) on the limits of the chain of contracts shall have effects in the field of public administrations and their public bodies linked or dependent, without prejudice to the application of the constitutional principles of equality, merit and capacity in access to public employment, and shall therefore not be an obstacle to the obligation to cover the the jobs in question through the ordinary procedures, in accordance with the established in the applicable rules.

In compliance with this forecast, the worker will continue to perform the position that he has been occupying until his coverage is obtained through the procedures indicated above, at which time the extinction of the employment relationship, unless the worker has access to a public employment, overcoming the relevant selective process.

2. By way of derogation from the preceding paragraph, the provisions of Article 15.1.a) relating to the maximum duration of the contract for certain works or services shall not apply to contracts concluded by the general government and its public bodies linked or dependent, or to the particular forms of employment contract referred to in the Organic Law 6/2001 of 21 December 2001, of Universities or any other rules with a range of law where they are linked to a specific research or investment project of more than three years ' duration.

3. For the application of the limit to the chaining of contracts provided for in Article 15 (5), only contracts concluded in the field of each of the public administrations without forming part of them shall be taken into account for the purposes of the public bodies, agencies and other entities governed by public law with their own legal personality linked to or dependent on them. In any event, the provisions of Article 15 (5) shall not apply in respect of the particular forms of employment contract referred to in the Organic Law 6/2001 of 21 December 2001, of Universities or any other standard of law.

Additional provision sixteenth. Application of dismissal for economic, technical, organizational or production causes in the public sector.

Dismissal for economic, technical, organisational or production causes of the labour force at the service of the entities, bodies and entities which are part of the public sector in accordance with Article 3.1 of the recast text the Law of Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, will be carried out in accordance with the provisions of Articles 51 and 52.c) of this Law and its implementing rules and in the framework of the mechanisms preventive and corrective measures in the rules of budgetary stability and sustainability financial management of public administrations.

For the purposes of the causes of these layoffs in the Public Administrations, understanding as such, to the entities, agencies and entities referred to in Article 3.2 of the recast text of the Law on Public Sector Contracts, (a) the economic causes of the situation where there is a situation of excessive and persistent budgetary insufficiency for the financing of the public services concerned. In any event, budgetary insufficiency shall be understood to be persistent if it occurs for three consecutive quarters. Technical reasons shall be understood when changes occur, inter alia, in the field of the means or instruments of the provision of the public service concerned and organisational causes, where changes occur, inter alia, in the the scope of the systems and working methods of the staff assigned to the public service.

It will have priority to remain the permanent staff who would have acquired this condition, in accordance with the principles of equality, merit and capacity, through a selective procedure of entrance called to the effect, when the entities, bodies and entities referred to in the preceding subparagraph so establish.

Additional 17th disposition. Suspension of the contract of work and reduction of working time in public administrations.

The provisions of Article 47 shall not apply to public administrations and to public law entities linked to or dependent on one or more of them and other public bodies, except those which are (a) finance mostly from income earned as a counterpart to market operations.

18th additional disposition. Discrepancies in reconciliation matters.

Discrepancies that arise between employers and workers in relation to the exercise of the legal or conventionally recognized personal, family and work life reconciliation rights will be resolved by jurisdiction through the procedure laid down in Article 139 of Law 36/2011 of 10 October, Regulatory of Social Jurisdiction.

Additional 19th disposition. Calculation of compensation in certain cases of reduced working time.

1. In the case of reduction of working hours referred to in Article 37 (5), (6) and (8), the salary to be taken into account for the purposes of calculating the allowances provided for in this law shall be the one which would have been paid to the worker without regard to the reduction of the time taken, provided that the maximum period legally laid down for such reduction has not elapsed.

2. Similarly, the provisions of the preceding paragraph shall apply in the case of a part-time exercise of rights as laid down in the third paragraph of Article 48.6 and in the fourth paragraph of Article 48.7.

320th additional disposition. Training contracts concluded with workers with disabilities.

1. Companies that conclude contracts in practices with workers with disabilities will be entitled to a reduction, during the term of the contract, of fifty percent of the business share of Social Security corresponding to contingencies. common.

2. Companies that conclude contracts for training and learning with workers with disabilities will be entitled to a 50% reduction in the business quotas of the Social Security provided for contracts for the training and learning.

3. They shall continue to apply to contracts for training and learning which are concluded with workers with disabilities who work in special employment centres for the peculiarities which are provided for in Article 7 of the Treaty. Royal Decree 1368/1985 of 17 July 1985 regulating the special employment relationship of disabled persons working in the Special Centres for Employment.

Additional provision twenty-first. Replacement of surplus workers with care for family members.

Interninity contracts to be concluded with beneficiaries of unemployment benefits, of contributory or assistance level, which take more than one year as recipients, to replace workers who are in the position of the excess referred to in Article 46.3 shall entitle a reduction in the business contributions to the Social Security by common contingencies in the amounts specified below:

a) Ninety-five percent during the first year of the worker's surplus being replaced.

b) Sixty percent during the second year of the worker's surplus being replaced.

c) Fifty percent during the third year of the worker's surplus being replaced.

The aforementioned benefits shall not apply to hiring affecting the spouse, ascendants, descendants and other relatives by consanguinity or affinity, up to the second degree inclusive, of the employer or of those who they hold positions of management or are members of the administrative bodies of undertakings which review the legal form of the company and those which take place with the latter.

Contracts made under this provision shall be governed by the provisions of Article 15.1.c) of this Law and its implementing rules.

First transient disposition. Contracts concluded prior to the entry into force of this law.

will continue to apply to contracts concluded prior to the entry into force of this law the specific rules applicable to each of the contractual modalities that were in force at the time they were contracts were concluded, unless otherwise legally established.

Second transient disposition. Contracts for training and learning.

1. Until the unemployment rate in our country is below 15%, contracts for training and learning may be awarded to workers under the age of 30 without the maximum age limit being applied. set out in the first paragraph of Article 11.2.a).

2. The references made in the laws, regulations or collective agreements to the contract for training shall be understood as having been made, from 31 August 2011, to the contract for training and learning to which it is refers to Article 11 (2) in so far as they do not object or contradict the provisions of the same Article.

Transitional provision third. Part-time contracts for partial and relief retirement and retirement age.

For the purposes of Articles 12.6 and 7, the ages provided for in the recast text of the General Law on Social Security shall be taken into account.

Transitional disposition fourth. Collective bargaining and contractual arrangements.

The provisions of Article 15.1.a) relating to the maximum duration of the contract are without prejudice to what is laid down in the sectoral collective agreements in force on 19 September 2010 on the duration of the contract. the maximum contract per work or service determined.

Transient disposition fifth. Limiting the chaining of contractual modes.

1. The provisions of Article 15 (5) shall apply to contracts of employment signed with effect from 18 June 2010.

2. With regard to contracts entered into by the worker before 18 June 2010, it shall continue to apply, for the purposes of calculating the number of contracts, as laid down in Article 15 (5) in accordance with the wording of Law 43/2006, on 29 December for the improvement of growth and employment, provided that the contracts were concluded as from 15 June 2006.

With regard to the contracts entered into by the worker before 15 June 2006, for the purposes of calculating the number of contracts, the period and the time limit provided for in Article 15 (5), the current account shall be taken into account. June 15, 2006.

3. For the purposes of Article 15 (5), the period of time between 31 August 2011 and 31 December 2011 shall be excluded from the calculation of the period of 24 months and the period of 30 months referred to in that Article. of 2012, there has been or has not been the provision of services by the worker between those dates, in any case being computed for the purposes of the above mentioned periods of services, respectively, before or after to the same.

Transitional disposition sixth. Additional hours.

The supplementary hours scheme agreed before 22 December 2013 will continue to apply in the contracts in force at that date, unless the parties agree to amend it in the terms set out in the the current wording of Article 12 (4) and (5

.

Transitional disposition seventh. Duration of paternity leave in cases of birth, adoption, guardian for adoption or acceptance until the entry into force of Law 9/2009 of 6 October.

As long as the Law 9/2009 of 6 October, extending the duration of the paternity leave in the cases of birth, adoption or reception, the duration of the paternity leave referred to in the first paragraph, does not enter into force Article 48.7 shall be of thirteen uninterrupted days, extendable in the case of delivery, adoption, or multiple adoption or reception in two more days for each child from the second.

In accordance with the sixth additional provision of the Law of 23 December of 23 December 2009 on the General Budget of the State for 2009, this permit will last for 20 days when the new birth, adoption, adoption or reception purposes occurs in a large family, where the family acquires such a condition with the new birth, adoption, is for adoption or reception or where in the family there is a person with a disability. The indicated duration shall be extended in the cases of delivery, adoption, or multiple adoption or reception by two more days for each child or child from the second, or if one of them is a person with a disability.

Transient disposition octave. Compensation for temporary contract termination.

1. The compensation provided for the termination of the temporary contract provided for in Article 49.1 (c) shall be applied in a gradual manner in accordance with the following timetable:

Eight days of salary for each year of service for temporary contracts concluded until December 31, 2011.

Nine days of salary for each year of service for temporary contracts concluded from January 1, 2012.

Ten days of salary for each year of service for temporary contracts concluded from January 1, 2013.

Eleven days of salary for each year of service for temporary contracts concluded from January 1, 2014.

Twelve days of salary for each year of service for temporary contracts concluded from January 1, 2015.

2. The compensation for the termination of the contract referred to in Article 49.1 (c) shall not apply to the extinctions of contracts concluded before 4 March 2001, whatever the date of their termination.

transient disposition ninth. Transitional rules in relation to the clauses of collective agreements relating to the fulfilment of the ordinary retirement age.

1. The provisions of the 10th additional provision shall apply to collective agreements signed as from 8 July 2012.

2. This additional provision shall apply to collective agreements entered into before 8 July 2012 in the following terms:

(a) When the completion of the agreed initial term of such conventions occurs after 8 July 2012, the application shall take place from the date of the said termination.

(b) When the termination of the agreed initial term of such conventions would have occurred before 8 July 2012, the application shall take effect from the latter date.

Transient disposition tenth. Scheme applicable to employment regulation files initiated in accordance with the previous rules.

1. The cases of employment regulation for the extinction or suspension of work contracts for the reduction of working hours which are being processed on 12 February 2012 shall be governed by the rules in force at the time of their commencement.

2. The employment regulation files for the extinction or suspension of work contracts or for the reduction of working hours decided by the labour authority and valid in its application on 12 February 2012 shall be governed by the rules in force. When the resolution of the case was issued.

Transient disposition eleventh. Compensation for wrongful termination.

1. The redundancy allowance provided for in Article 56.1 shall apply to contracts concluded from 12 February 2012.

2. The compensation for dismissal arising from contracts concluded before 12 February 2012 shall be calculated at the rate of 40 and five days ' salary per year of service for the period of service provided before that date. the date, prorating for months periods of time less than one year, and at the rate of thirty-three days of salary per year of service for the time of service provision, as well as for months the periods of time less than one year. The resulting compensation shall not exceed seven hundred and twenty days ' salary, unless the calculation of the compensation for the period before 12 February 2012 resulted in a higher number of days, in which case it shall apply. (a) as the maximum compensation amount, without the amount being greater than forty-two monthly payments, in no case.

3. For the purposes of termination of compensation for objective reasons, contracts for the promotion of indefinite contracts concluded before 12 February 2012 shall continue to be governed by the rules under which they were concluded.

In the event of disciplinary dismissal, the wrongful termination allowance shall be calculated in accordance with paragraph 2.

Transient Disposition twelfth. Processing salaries.

The provisions of Article 56.5 shall apply to cases of complaint to the State of processing wages in which no firm judgment of dismissal has been given on 15 July 2012.

Final disposition first. Competence title.

This law is dictated in accordance with the provisions of Article 149.1.7. of the Spanish Constitution, which attributes exclusive competence to the State in matters of labor law without prejudice to its execution by the organs of the Autonomous Communities.

Final disposition second. Regulatory development.

1. The Government will dictate the provisions that are necessary for the development of this law.

2. The Government, in advance of the consultations it deems appropriate to the employers ' associations and trade unions, will dictate the rules necessary for the application of Title II in those undertakings belonging to sectors of activity in which the number of non-permanent workers or workers under the age of 18 is relevant, as well as to the groups in which, by the nature of their activities, permanent mobility, an accused dispersion or some (a) a local movement, linked to the normal exercise of its activities, and in which other circumstances which make it advisable to include it in the field of application of Title II. In any event, those rules shall respect the basic content of those representation procedures within the undertaking.