Having respect to the content of the II General Agreement on
Road Transport Companies (Convention code number 99012735011900), which was
marked on 12 November 2010 and displayed for enlistment and distribution on 23
December 2011, , On the one hand, by the Spanish Confederation of Freight
Transport (CETM) and the Spanish Confederation of Transport Operators (CEOT),
speaking to the organizations in the area, and, on the other, by the exchange
unions FSC-CC.OO . What's more, TCM-UGT, speaking to specialists in the area,
in perspective of the quick application to the influenced laborers of the
working conditions set up in that, and without preference to what is set up in
Article 3.1 of the Statute Law as per Article 83 (2) and (3), in conjunction
with Article 90 (2) and (3) of the Workers' Statute Act, Revised Text endorsed
by Royal Legislative Decree 1/1995, dated March 24, and Royal Decree 713/2010,
dated May 28, on enlistment and store of aggregate dealing understandings and
assentions,
This Directorate-General for Employment settle:
To begin with.
To arrange the enlistment of the said General Agreement in
the comparing Register of understandings and aggregate assentions of work with
operation through electronic methods for this Directive Center, with warning to
the Negotiating Committee.
Second.
To orchestrate its distribution in the «Official State
Gazette».
Madrid, March 13, 2012.- The Director General of Employment,
Xavier Jean Braulio Thibault Aranda.
II GENERAL AGREEMENT FOR COMPANIES OF TRANSPORT OF GOODS BY
ROAD
Part I
General demeanor
Article 1. Nature, reason and viability.
The present II General Agreement, marked for the benefit of
the Spanish Confederation of Transport of Goods (CETM) and the Spanish
Confederation of Transport Operators (CEOT) and in the interest of the Trade
Unions Comisiones Obreras (CC.OO.) and General Union of Workers (UGT), totally
replaces the General Agreement distributed in the "Official State
Gazette" of January 29, 1998, which, when it goes into drive, will
consequently stop to have impact .
The II General Agreement has been arranged and formalized as
per the arrangements of Title III of the Workers' Statute, and specifically, as
per articles 83 and 84 of said lawful content. Done under the arrangements of
Article 83.2 of the Workers' Statute, this Agreement constitutes a Framework
Agreement of a blended sort, from one viewpoint, which sets up the structure of
aggregate haggling in the part and, on alternate, contains arrangements of
regularizing content and of direct application to the modern relations
influenced by the same, without partiality to its transaction in second rate
units, as per the arrangements of article 84 of the Statute of the Workers, and
of the settlement of issues to substandard ambits that understands the
Agreement itself all through its articles.
As per the general adequacy gave on it by Article 3.1 (b) of
the Workers' Statute and the representativeness of the signatory Organizations
thereof, this Second General Agreement might, as per the arrangements of
Article 82 of the Statute itself, all elements, organizations and laborers
falling inside its extent of utilization (practical, individual and regional)
and for the whole length of its legitimacy.
Article 2. Regional extension.
The present II General assention will be material in the
entire Spanish region.
Article 3. Useful extension.
This II General Agreement is pertinent to organizations
that, under front of the comparing capabilities of Carrier or Transport
Operator directed by Law 16/1987, Land Transport Management, complete exercises
of open transport of products by street in engine vehicles which keep running
without a settled track and without repaired methods for vitality pick and/or
the purported helpers and integral to the vehicle of merchandise, including
messenger and coordinations exercises, the last containing the arranging, the
association, administration, supervision and usage of cargo transport exercises
in the inventory network; in other words, all the business exercises that
require the said qualifying titles, paying little respect to whether they are
done or not at controlled temperature.
From this practical extension, no less useful degree can be
isolated from this second General Agreement, with the exception of as concurred
by the Joint Commission.
Under the guideline of unit of business this general
understanding will apply to every one of the administrations of each
organization whose primary action is incorporated into its utilitarian
extension; on account of administrations that constitute free specialty units,
with working records additionally autonomous and that complete exercises that
fall outside the extent of this Agreement, it won't be material on the off
chance that it is explicitly concurred by the organization's delegates and the
influenced laborers.
The attachment to this II General Agreement of the individuals
who on a basic level are excluded in its utilitarian extension, will be
formalized as per the article 92 of the Statute of the Workers.
Article 4. Individual degree.
The present II General understanding is of obligatory
recognition for every one of the organizations and laborers incorporated into
its practical extension.
Article 5. Fleeting degree.
It should go into compel on the principal day of the
timetable month following the date of its production in the Official State
Gazette and broadens its underlying legitimacy until December 31, 2014,
implicitly stretching out for times of one year if not revealed by any of the
gatherings three months previously its underlying lapse or any of its
expansions, by composed correspondence routed to the next gathering. When its
underlying legitimacy lapses, or any of its conceivable augmentations, it will
keep on governing completely until the point that it is supplanted by another
General Agreement.
The gathering making the grievance should express in detail
in the correspondence the focuses and substance that involve the asked for
revision.This correspondence and the proposition will be sent a duplicate, for
enrollment purposes, to the General Directorate of Labor or body that replaces
it.
Article 6. Aggregate haggling in bring down regions.
The arrangements of this General Agreement II may not
influence regardless the arrangements of the current statutory aggregate
assentions; the new aggregate bartering should fit in with the set up in this
II General Agreement, that will be of direct satisfaction and constrained
recognition in all the aggregate haggling sectorial that amid its legitimacy
are done inside its useful degree.
On the off chance that, due to the arranging self-governance
gave on the gatherings by the law, the useful extent of the understanding
surpasses that of this General Agreement, the convenience of the new aggregate
dealing assention is comprehended to allude only to the direction identifying
with the organizations occupied with the vehicle of merchandise by street and
the assistant and integral exercises of the same, including informing and
coordinations.
Given the supplementary lead of the present General
Agreement II, the control contained in statutory aggregate assentions of any
lower regional extension will dependably be of special application, except for
the issues put forward in Article 84.4 of the Workers' Statute, having the
capacity to direct issues excluded in this General Agreement II. In issues or
viewpoints not secured by aggregate assentions of a lower scope, both prior and
ensuing to this General Agreement II, and in cases in which there is no
aggregate understanding, the arrangements of II General Agreement will be
specifically material to organizations and laborers incorporated into its
utilitarian degree.
Wherever conceivable and there is an understanding between
the agent parties here, local sectoral assentions might be set up to supplant
the present commonplace sectoral understandings.
Article 7. Joint Committee.
1. A Joint Commission is made, comprising of a most extreme
of twelve individuals, assigned down the middle by each of the gatherings,
corporate and social, signatories of this II General Agreement. The gatherings
may utilize the administrations of consultants, assigning them unreservedly and
to their detriment, which will have voice however not vote.
2. The elements of the Joint Committee should be the
accompanying:
A) Monitoring and checking consistence with the present II
General assention and elucidation of its statutes. Specifically, it is the duty
of the Joint Committee to control on the consideration or not of any
organization in the utilitarian extent of this II General Agreement, preceding
the documenting of a legal or extrajudicial case.
B) Upon express acknowledgment on their part, intervention
or assertion in any inconsistencies or clashes, as long as they have an
aggregate nature, submit to them by shared assention the individuals who are
gathering to them. Unless the gatherings have demonstrated a more drawn out
timeframe, the Commission should choose the issue inside twenty date-book days
following the acknowledgment of the proposition. The system might be regarded
to have been finished after the comparing time frame has slipped by without the
Commission having depleted the charge got .
C) Increase to the signatory associations of the present II
General Agreement of the recommendations that it judges advantageous with a
specific end goal to:
- Formation of papers or commissions and arrangement of
concentrates on any part of work relations in the segment, including the
essential directions on proficient advancement.
- Study of recommendations to alter gatherings and expert
classifications, for the situation alluded to in Article 12.1, gave that no
less than two years have passed since the section into power of this II General
Agreement.
3. As per the arrangements of Article 25, the Joint
Committee should look at the plausibility of applying a business subrogation
conspire for specific exercises falling inside the extent of this General
Agreement.
4. The Joint Commission, set up as a Joint Committee on
Occupational Health, accept every one of the capacities t
