Workers legal representatives

In January we are having elections for the workers legal representatives, also named committee members.
If you are interested, in being a candidate or in how it works, please contact us.

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ARTICLE 21. - FUNCTIONAL MOBILITY

In our collective agreement art. 21 are wtritten:

Functional mobility within the company will be carried out, in accordance with the provisions of this Agreement, respecting, in all cases, the legal regime, guarantees and requirements established in the Statute of Workers.

Functional mobility within the same professional group cannot be carried out between radically different specialties, which require complex training processes of adaptation.

Within the professional group, the degree of requirements or performance of the functions performed at each moment will determine the level of remuneration that is applicable.

The functional mobility within the same professional group will not suppose reduction of the level of remuneration of origin.

Mobility for the performance of functions belonging to a higher professional group, as well as mobility for the performance of functions belonging to a lower professional group, will be regulated according to the provisions established in this regard in article 39 of the Workers' Statute.

When the company deems it necessary for a contracted person to carry out corresponding work at a higher level, this will receive, during the time in which it lends them, the salary corresponding to that level.

Those who perform functions of a higher level for six months at least in the period of one year, or for eight months at least, in a period of two years, will belong to the higher level corresponding to the functions performed. For these purposes, the computation must be daily, regardless of the number of hours of the day dedicated to higher level functions.

Mobility, when it involves changes between specialized technical management and management of general services, may be carried out provided that the new assigned functions are equivalent to those of provenance, understood equivalence in the terms established in article 22.3 of the Workers' Statute.

The worker may request the change of functions, both within a professional group and outside it. In these cases, the request must be reasoned, and the requirements established in this Agreement for the performance of the functions or position requested must be met. The company will give a reasoned response to the request within a month.

Functional mobility carried out by mutual agreement between the parties, shall respect the provisions of a general nature in this Agreement and in the applicable legislation.

Consequently, changes in functions other than those established in the previous sections will require the agreement of the parties or, failing that, the submission of the rules foreseen for the substantial modifications of the working conditions, in accordance with the provisions of article 41.1. f) of the Workers' Statute.

The payment of higher-level functions, when performed sporadically and paid by effective day, will be applied by dividing the difference between the monthly salary of both levels, between 30 and multiplied by 1.4.

HOURS

According to our collective agreement the normal hours per year is maximum 1764, with a maximum of 39 hours per week.

If you got an irregular distribution of your working time the maximum hours per week is 48.

If you do overtime the maximum extra hours per year is 80.

If you have a contract of 30 hours or less, you are not aloud to do extra hours, only complementary hours are aloud, and with maximum of 30% of the ordinary hours you have according to your contract. The complementary hours must be notified with at least 3 day, and you must agree to them. There is a document for the complementary hours that you have to sign, if you agree. The complementary hours are paid as a normal hour.

The difference between the complementary hours and the extra hours, apart from the price, is that the complementary hours computes for the calculation of your salary during sick leave, calculation of the unemployment benefits, and your retirement, extra hours do not compute for these calculations.

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THE SS WILL REVIEW 64,000 MORE SICK LEAVES UNTIL THE END OF THE YEAR.

During the last quarter of 2018, the INSS (national institute of the SS) will conduct 25% more reviews of medical leave, which means 64,000 medical check-ups aside from the usual ones. These reviews of the INSS are separate from the reviews of the MUTUA of your company and it is mandatory to go to these extraordinary reviews as it is with the reviews in the MUTUA. These reviews will only be made at sick leaves of less than 345 days.

The purpose of these new revisions of the INSS will be to verify that both medical leave and payment are justified according to the worker's work activity.

(SS = Social Security)

Art. 26 in our Collective Agreement; SCHEDULES AND SHIFTS

1.-The people hired will be obligatorily assigned to one of the shifts of morning, afternoon, split shift or night.

The following are set as time bands for each shift:

Morning shift: you cannot start before 07:00 hours or finish after 16:00 hours.

Afternoon shift: cannot start before 15:00 hours, or finish after 24:00 hours.

Night shift: cannot start before 22:00 hours, or finish after 08:00 hours.

Split shift: cannot start before 09:00 hours, or finish after 20:00 hours; in this shift, the end of the first part and the beginning of the second, cannot be more than two hours, without repercussion to agreement, individual or collective. It is recommended, however, that this maximum time be shortened. This shift cannot be applied to personnel with a contract equal to or less than 30 hours per week.

2.-In order to encourage full-time hiring, the signatory parties agree to establish two new shifts to which only full-time staff can be assigned and with a continuous working day.

Intensive morning: you cannot start before 9:00 or finish after 18:00.

Intensive afternoon: you cannot start before 12:00 or finish after 21:00.

In those campaigns in which one of these shifts is established and there are staff with a part-time contract, these will have precedence over newly-hired personnel to convert their time to full-time, always on a voluntary basis.

In the same way, if there were personnel with indefinite contracts of partial days of other campaigns, who meet the necessary requirements for the position and were interested in extending the working day and incorporation to this shift, they will also have preference over new hires.

The companies will publish the possibility of subscribing to these shifts in order to prove that, before making any new hires for these shifts, the possibility has been offered to the rest of the workforce of the campaign with a part-time contract.

The assignment to any of the new shifts must be carried out by means of a written agreement between the company and the person concerned.

3.-Companies will publish work schedules at least 14 days before the start date of such schedules. In those companies where the publication of the schedule is monthly, only the schedule corresponding to the first week may be published 7 days in advance.

Only the schedules, within the fixed bands, of a maximum of 20% of the staff, with a week in advance, may be modified.

For this purpose, this 20% of the staff must be informed of said circumstance at the date of publication of the schedules and this shall be determined on a rotating basis. Therefore, the personnel that have been included in this percentage shall not be considered again until all the personnel of the campaign in that percentage have been included. If it occurs, the modification of the schedule will be notified in writing to the worker.

The companies, on a monthly basis, will provide the workers’ legal representation with the nominal list of work schedules, as well as the details of the subsequent modifications and the list of personnel assigned to cover the modifications in each period.

In the cases in which the campaign or service is of reception, and is initiated for the first time, during the first month, and within the indicated bands, the schedule will be known with a minimum advance of forty-eight hours.

In the cases in which the campaign or service has originally established a working hours schedule that does not allow the use of shifts and fixed time bands, the company, with prior accreditation of the objective fact, may agree with the legal representation of the workers on the establishment of different bands. This agreement must be reflected in writing in all cases.

By agreement with the legal representation of the workers, which will be recorded in writing, the established time bands may be extended.

By agreement with the legal representation of the workers, which shall be in writing, rotating shifts may be established under the provisions of article 36.3 of the Workers' Statute.

If a company demands the extension of the time bands established in the Collective Agreement, according to duly motivated special needs, and collective agreement has not been reached with the legal representation of the workers, the company or the representatives may request the mediation of the Joint Commission of interpretation of the Collective Agreement.

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ARTICLE 21 IN OUR COLLECTIVE AGREEMENT.- FUNCTIONAL MOBILITY

Functional mobility within the company will be carried out, in accordance with the provisions of this Agreement, respecting, in all cases, the legal regime, guarantees and requirements established in the Statute of Workers. 

Functional mobility within the same professional group cannot be carried out between radically different specialties, which require complex training processes of adaptation.

Within the professional group, the degree of requirements or performance of the functions performed at each moment will determine the level of remuneration that is applicable.

The functional mobility within the same professional group will not suppose reduction of the level of remuneration of origin.

Mobility for the performance of functions belonging to a higher professional group, as well as mobility for the performance of functions belonging to a lower professional group, will be regulated according to the provisions established in this regard in article 39 of the Workers' Statute.

When the company deems it necessary for a contracted person to carry out corresponding work at a higher level, this will receive, during the time in which it lends them, the salary corresponding to that level.

Those who perform functions of a higher level for six months at least in the period of one year, or for eight months at least, in a period of two years, will belong to the higher level corresponding to the functions performed. For these purposes, the computation must be daily, regardless of the number of hours of the day dedicated to higher level functions.

Mobility, when it involves changes between specialized technical management and management of general services, may be carried out provided that the new assigned functions are equivalent to those of provenance, understood equivalence in the terms established in article 22.3 of the Workers' Statute.

The worker may request the change of functions, both within a professional group and outside it. In these cases, the request must be reasoned, and the requirements established in this Agreement for the performance of the functions or position requested must be met. The company will give a reasoned response to the request within a month.

Functional mobility carried out by mutual agreement between the parties, shall respect the provisions of a general nature in this Agreement and in the applicable legislation.

Consequently, changes in functions other than those established in the previous sections will require the agreement of the parties or, failing that, the submission of the rules foreseen for the substantial modifications of the working conditions, in accordance with the provisions of article 41.1. f) of the Workers' Statute.

The payment of higher-level functions, when performed sporadically and paid by effective day, will be applied by dividing the difference between the monthly salary of both levels, between 30 and multiplied by 1.4.

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