Article 44. The accompanying are intense offenses:
1) More than 10 unexcused unlucky deficiencies of
reliability submitted over a time of a half year or 20 for one year.
2) Unjustified nonappearances to labor for 3 continuous days
or 5 substitutes in a time of a half year, or 10 exchanges amid a year.
3) Discipline or rebellion at work. Regardless, it will be
named an intense offense when it suggests interruption of the train or it is
adverse to the organization or associates.
4) Verbal or physical offenses to the business or the
general population who work in the organization or the relatives who live with
them.
5) The rupture of legally binding great confidence, and the
mishandle of trust in the execution of work, being considered thusly extortion
or unfaithfulness in the errands endowed; burglary or theft, either to your
colleagues or to the organization or any individual, performed inside the
premises or vehicles thereof, or anyplace in the event that it is in benefit;
damage the mystery of the correspondence or uncover to peculiar information
that are known by reason of the work.
6) The constant and willful abatement in the execution of
ordinary or concurred work.
7) The routine inebriation or medication fixation on the off
chance that they contrarily influence the work.
8) The relinquishment of work, notwithstanding for a brief
span, on the off chance that it were caused by a mischance.
9) The carelessness or carelessness in demonstration of
administration in the event that it involves danger of mishap or peril of
disappointment for the apparatus, vehicle or offices.
10) Sexual badgering or provocation in light of sex, created
in the working environment and which truly undermine the respect of the
specialist or laborer who is the protest of the same.
11) Mobbing that genuinely and constantly assaults the
respect of the laborer influenced.
12) Recidivism in genuine unfortunate behavior, regardless
of the possibility that of various nature, gave that they are submitted inside
a quarter and have been authorized, and whatever other of a comparable sort to
the past ones.
Article 45. Endorsing technique.
1. Before forcing sanctions for genuine or intense offenses,
the endeavors should illuminate the specialists worried in composing, so that,
on the off chance that they so wish, they may likewise, in composing, inside
three working days, which they consider advantageous in such manner. This
correspondence will likewise be made to the staff delegates and/or works board.
2) Whenever it is an issue of claimed intense shortcomings,
the organization may, all the while with the conveyance of the correspondence alluded
to in the past passage or after the same, consent to suspend the work of the
laborer, without partiality to his compensation, as a preparatory prudent step,
for the time entirely vital for the elucidation of the actualities, with the
point of confinement of one month, without preference to the authorize that at
last continues to force. This suspension should be conveyed to the laborers'
delegates.
Article 46. Hardship of freedom.
Nonappearance from work for hardship of freedom of the
specialist should not be viewed as unjustified on the off chance that he or she
was later cleared of the charges that would have brought about his detainment.
Article 47. Authorizations.
1. The authorizations that might be forced for the
commission of disciplinary offenses should be as per the following:
a) For minor offenses: Verbal or composed cautioning; work
and compensation suspension until two days.
b) For genuine offenses: Suspension of business and
compensation of 3 to 15 days; deferment for advancement up to 3 years.
c) For intense offenses: Suspension of work and compensation
of 16 to 45 days; authoritative preclusion for advancement; expulsion.
2. The fines forced for infringement of the arrangements on
activity and street security must be met by the individual in charge of them.
Article 48. Solution of nonattendances.
The deficiencies of the specialists recommend: to the 10
days, the light ones; at 20 days, extreme; and at 60 days, intense; tallied
from the date on which the Company ended up noticeably mindful of the
commission of the blame and, regardless, a half year after it was conferred.
Article 49. Correspondence of union connection.
Specialists wishing to be partnered to an exchange union
are, for the reasons for the last passage of Article 55 (1) of the Workers'
Statute, to advise their boss in composing, and that they are obliged to
recognize receipt of the correspondence .
Section IX
Compromise of work and family life, break even with
circumstances, sexual orientation brutality and provocation
Article 50. Compromise of work and family life.
It is the want of the signatory associations that, regarding
the authoritative needs of organizations, can set up working conditions that
enable specialists to better accommodate their work and family commitments. For
this, the organizations will give the laborers who ask for it, and in the terms
built up in the present enactment, the activity of every one of their rights in
this issue.
The lactation allow accommodated in article 37.4 of the
Workers' Statute might be substituted, at the demand of the candidate, for a
paid leave of no less than 12 working days, which should be appreciated, with no
coherence, after the satisfaction in maternity clear out. The span of the paid
leave will increment relatively in instances of numerous birth.
The two choices can be appreciated by the father or mother
paying little mind to whether they work.
If the specialist decides on the paid leave depicted in the
past section, they should advise the organization no less than 15 days before
the finish of the maternity leave period.
Article 51. Measure up to circumstances.
Organizations are obliged to regard approach treatment and
openings in the work environment and, to this end, they should receive measures
went for keeping any sort of segregation amongst ladies and men, which must be
arranged and settled upon, with the legitimate agents of the specialists in the
terms predicted in the present enactment.
On account of organizations with more than 250 specialists,
correspondence measures ought to be coordinated to the elaboration and usage of
a balance design, with the degree and substance set up in labor enactment.
Business correspondence designs are a systematic arrangement
of measures, embraced after a circumstance appraisal, went for accomplishing
approach treatment and open doors for ladies and men in the organization and
disposing of segregation on the premise of sex. They will set out the solid
destinations of uniformity to be accomplished, the techniques and practices to
be embraced to accomplish them, and the foundation of viable observing and
assessment frameworks for the targets set.
Keeping in mind the end goal to accomplish the destinations
set, the fairness designs may incorporate, among others, the subjects of access
to business, proficient characterization, advancement and preparing,
compensation, working time courses of action to support, as far as uniformity
amongst ladies and men, the compromise of work, individual and family, and
anticipation of lewd behavior and provocation on the premise of sex.
The fairness designs might incorporate the entire of an
organization, without preference to the likelihood of building up unique
activities proper to certain work focuses.
Article 52. Sex savagery.
Regarding the secrecy due, the organizations will encourage
to the most extreme the specialists casualties of sexual orientation
viciousness the satisfaction in every one of the rights and certifications
anticipated in the Organic Law 1/2004, of December 28, of Measures of Integral
Protection against the Violence of Gender .
Article 53. Lewd behavior; provocation on grounds of sex.
Organizations ought to advance working conditions went for
maintaining a strategic distance from lewd behavior and badgering on the
premise of sex, and referee particular techniques for their counteractive
action and to offer approach to protests or claims that might be detailed by
the individuals who have been the question of the same.
To this end, it will be conceivable to set up measures to be
consulted with laborers' agents, for example, the advancement and dispersal of
codes of good practice, data battles or preparing activities.
Specialists' agents should add to the avoidance of lewd
behavior and badgering by reason of sex at work by sharpening laborers to it
and advising administration of the direct or conduct of which they know and
that could satisfy it.
Part X
Social upgrades
Article 54. Driving permit.
54.1 In organizations of twenty-five or more specialists,
those in any of the expert classes of drivers who, as a result of driving a
vehicle of the organization all together and record of the same,
notwithstanding when going back and forth to work, are impaired To drive for a
period not surpassing a half year, will be coupled amid that opportunity to
another occupation in one of the administrations of the organization, acquiring
the base compensation of his expert classification and his own supplements, and
supplements of amount and nature of work And of employment that relates to the
one that they are really performing. Prohibited are cases in which exclusion
for driving is a result of medication utilize or the ingestion of mixed drinks.
Said advantage may just be appreciated if the driver being referred to has a
rank in the organization for no less than two years and if no less than five
years have slipped by since he had delighted in a similar advantage.
For the situation alluded to in the past section and under
the conditions set up in that, the commitment to move might be supplanted, at
the carefulness of the organization, by the contracting of a protection for
these laborers for which the installment is ensured During the time of
exclusion of a proportionate sum, relatively, to seventy-five percent of the
compensation got in the promptly going before schedule year; The premium of
said protection will be satisfied totally by the organizations. For this
situation, the work contract of the drivers will be suspended, with work save,
amid the previously mentioned time of exclusion, without the privilege to
compensation and without registering to any impact, being reestablished after
the finish of the time of preclusion for drive.
In organizations that have not exactly tw
