Resolution of August 17, 2021, of the Department of Economics

Summary

Seen the text of the Collective Agreement of the Urban Farm Sector of Zaragoza for the 2021 to 2024 (Agreement Code 50003125011999), signed on May 13, 2021, on the one hand by the Provincial Business Association of Owners and Communities of Ownersof urban farms of Zaragoza (Coprofi), on behalf of the companies of the sector, and on the other for UGT, CC.OO.and AEFU, on behalf of the affected workers, received in the Provincial Sub-Directorate of Labor on May 31, required correction and submitted this on July 29, 2021, and in accordance with the provisions of article 90-2 and 3of the Statute of Workers and in Royal Decree 713/2010, of May 28, on registration and deposit of agreements and collective work agreements,

This Provincial Labor Subdirectorate of Zaragoza agrees:

Primero. – Ordenar su inscripción en el Registro de convenios colectivos de esta Subdirección Provincial, con notificación a la comisión negociadora.

Segundo. – Disponer su publicación en el BOPZ.

Text of the Collective Agreement of the Urban Farm Sector of Zaragoza for the years 2021-2024

The members of the negotiating commission of the agreement signed, formed by the business party by representatives of the Provincial Business Association of Owners and Communities of Owners of Urban Farm of Zaragoza Co Coprofi, and by the workers by representatives of the Federation ofServices, Mobility and Consumption of the General Union of Workers of Aragon, CC.OO.of Aragon habitat and the Association of Urban Farm Employees (AEFU), are recognized as valid interlocutors, with sufficient representativeness and legitimation for the negotiation of this Agreement.

Article 1 Territorial scope

This collective work agreement is applicable throughout the territory of the city of Zaragoza and Province.

Article 2 Functional scope

This Collective Labor Agreement is applicable to all companies configured by the owners of urban farms individually or constituted in communities of owners and/or similar, and to all workers who, on behalf of others, provide their services in these companies

Article 3 Temporary scope

The duration of this Agreement will be four years, therefore being applicable in the period of time between January 1, 2021 to December 31, 2024, regardless of the date of its publication in the Bopz.

Article 4 Complaint

The agreement will be automatically denounced one month before the end of its validity.

Article 5 Extension

The agreement shall be understood as extended from year to year from January 1, 2025, both its normative and the mandatory content, until a new collective agreement is signed that replaces the previous one.In the case of no agreement for the renewal of the collective agreement in the years after 2024, the remuneration concepts will be increased by 2025 and following in the same percentage that the CPI of the year immediately prior to the one in question does, guaranteeing inany case a minimum salary increase of a percentage point.

Article 6 Compensation and absorption

The agreed conditions are compensable in their entirety with which they previously governed by legal imperative, jurisprudential, contentious-administrative, collective agreement of work, individual contract or for any other cause.

The future legal provisions that imply economic variation in all or in some of the remuneration concepts or creation of new new ones will only have efficiency, considered in their annual calculation and added to those in force prior to said provisions, exceed the total level of this agreement of this agreement.If not, they will be considered absorbed by the improvements agreed here.

Article 7 Most beneficial conditions

Personal conditions will be respected that, globally and individually considered, exceed the agreed, strictly maintaining "ad personam."The minimum guaranteed increase is expressly agreed as consolidable, not absorbable or compensable and revalorizable for the following years, in the same terms established in articles 4, 5 and 9 of this Agreement, even when the reference remuneration is higher than theset in this agreement.

Article 8 Agreement Unit

This agreement, which approves in consideration of the integrity of what was negotiated in the whole of its text, forms an related and inseparable whole.The agreed conditions will be considered globally and individually, but always with reference to each worker in their respective category.

Article 9 Review of the Agreement

The salary increases agreed for the validity of the agreement are those that follow:

With effects of January 1, 2021, the base salary of professional levels A and B, in the case of goalkeepers and jackH and I. The difference that exists at December 31, 2020 between the levels that are equated by virtue of the foregoB, in cases of goalkeepers and jackets that provide services in farms of up to 40 homes.

In any case, and by the 2021, 2022, 2023 and 2024 porcentual point.

Article 10 Hiring, Permits and Training

In the form and modalities of contracting, test periods, training, termination of the employment relationship and licenses or permits, the provisions of the labor regulations in force at all times will be followed.

Companies will be obliged to facilitate workers before they begin to perform the tasks of any job information and training about their own risks, and about the form, methods and processes that must be observed to prevent them and avoid them.

The parties involved by this Collective Agreement agree their adhesion to the National Continuous Training Plan, being forced to facilitate the appropriate courses.A joint commission will be formed for this purpose.

Article 11 Labor Organization

The organization and determination of working conditions in the framework of the provisions of this Agreement corresponds to companies.

The corresponding instructions will be given only and exclusively by the legal representatives of the owner of the farm, by the president of the community, by the administrator or by the persons in whom they expressly delegate.

When there is any circumstance that motivates the payment of some salary complement, the company decides that the worker does not provide the corresponding service and, therefore, does not perceive the complement, must express it to the worker through a letter in whichIt is expressly recorded that you will not have any obligation regarding such a service, except those that any neighbor of the farm may have in case of force majeure, except to inform the president or call the corresponding guild.

In the event that, as a result of the disappearance or replacement of the functions, the payment of any or some of the accessories did notsame percentage as the tables of the agreement.

ARTICLE 12 WORK AND TIME Occupational

The annual day will be 1,792 hours of effective work.The maximum working day will be forty hours per week.The hours worked that exceed the annual maximum day may be compensated with paid rest hours or with the fertilizer, in the month of February of the following year to which they were generated, of the corresponding amount that results from multiplying the number of hours made of more byThe value in force in each annuity for every extraordinary hour.

The company may establish the continuous day when required by the best provision of the service.In order for the day to have a departure consideration, a minimum rest of three hours must be arranged.

The working hours will be established by the company depending on whether the day can be continued or item.The labor calendar must remain exposed where it can be seen without difficulty by the residents of the farm.The afternoons of Christmas Eve and New Year's Eve will be counted as festive, not working and paid, understanding four hours of effective work each.

The workers will enjoy two half -free days a year, which will be considered non -working.These two half -free days will preferably be enjoyed within the days that in each locality are considered as major parties.However, and by agreement between the company and the worker, they can be enjoyed outside that period.In any case, these two non -working and paid afternoons may not be chained with the annual vacation periods and the organic waste collection service must be guaranteed.Workers with part -time contract will see their work schedule reduced, in consideration of the above, in proportion to the day they have in contract.

The workers with a continued day, as understood by it in the second paragraph of this article, and the workers who provide their services at least six hours continued within their workday, will be entitled to a minimum and uninterrupted rest of fifteen minutes.This break will have the consideration of effective working time.

Article 13 overtime

The hours that exceed the global computation determined in the previous article will be considered overtime.The amount of every extraordinary hour will be the one indicated in the annex of the agreement.

They will not be included in the aforementioned global computations nor will those used in the services of heating and sanitary hot water, swimming pools and the collection of garbage, all of them on Saturdays, Sundays and holidays in which they are entrusted in which they are entrusted in which they are entrusted in which they are entrusted in which they are entrusted.

The overtime must be compensated with rest periods or paid in accordance with what is established in Annex 1. Compensatory rest periods will be equivalent to 120% of said hours carried out on working days and 150% if they are carried out on corresponding daysAt breaks, and will be enjoyed effectively in the last quarter of each natural year, except for the opposite.If the worker opts for his financial compensation, this will be effective in the payroll of the month of January of the year following its realization.

The requirement of the workers included in the professional categories of Level A, Level B and Level C C, and at least it will be compensated salaryly with the remuneration of half an extraordinary hour, regardless of whether the time invested in said service is lower.If the worker opts for compensation of those overtime within the working day, that compensation will be with 150% of free hours.The attention of these works outside the working day or working hours will be voluntary, except those referred to force majeure.

Article 14 Holidays

Annual holidays will last thirty calendar days per year not substitutable for financial compensation.The workers who on the date determined for the enjoyment of them did not have been working in the company for a year will enjoy a number of days proportional to the time that will predictably go to work in the year.

In case of cessation of the workers, if they had enjoyed more vacations than they would be proportionally for the period of the natural year worked, they will also be proportional to the liquidation of assets for the days of vacation enjoyed more.

The holidays will be enjoyed preferably between the months of June to September, both inclusive, except agreement between the company with the worker.The remuneration of the holidays will include all the concepts contained in an ordinary monthly payment.

The holiday's calendar will be set for each company.The worker will know the dates that correspond to him with a minimum of two months in advance of the beginning of enjoyment.

When the holiday period set in the company's holiday calendar referredprovided for in sections 4, 5 and 7 of article 48 of the Workers' Statute, you will have the right to enjoy the holidays on a different date from that of temporary disability or to the enjoyment of the permit that by application of said precept corresponded to the end at the end ofThe suspension period, even if the calendar year is over.

In the event that the holiday period coincides with a temporary disability due to contingencies other than those indicated in the previous paragraph that makes the worker impossible to enjoy them totally or partially during the natural year to which they correspond, the worker may do so once he ends his inability andprovided that more than eighteen months have passed since the end of the year they have originated.

Likewise, the enjoyment of the holidays will be interrupted in the event that the worker initiated during them a temporary disability process.

In no case may the holidays begin on a holiday, Sunday or weekly rest day, except in the cases in which the company and the worker agreed the holidays in a complete natural month.

Article 15 Personnel classification and functions

Personnel at the service of urban farm companies are classified as:

Article 16 Remuneration

The remuneration of the employees of urban farms contemplated in this agreement are those established in the salary tables of Annex I.

The remuneration will be constituted by the base salary, by salary supplements and extraceptions.The remuneration concepts that appear in the salary receipts of the workers to those established here will be adapted.

The remuneration indicated in the annexes of this agreement are referred to the full day.The realization of part -time days will lead to the reduction of wages in equal proportion as the day, except for those concepts indicated that the reduction does not proceed, which are:

Article 17 Base Salary

The remuneration of employees of urban farms contemplated in this agreement are those established in the salary tables with the base salary that is expressed for each professional category.

These salary tables form the annex of this agreement.The remuneration concepts that appear in the wages receipts of the workers who have a current contract at the entry into force of this agreement to those established here are adapted.

The base salary of the level A category includes the right to enjoy the goal of the goal as compensation in kind.

In order to quantify this remuneration for its deduction, the invariable amount of 109.55 euros per month is set during the twelve monthly payments of the year by 2021. This amount will be revalued annually in the same percentage in which the rest of the remuneration do so.

Article 18 Salary accessories

They will only affect the professional categories of Level A, B, and C as long as the contract has a duration greater than the month (except heating and/or hot water and garbage collection).

Assignment of accessories:

The previous accessories related to heating will be accrued by the work belonging to six months of heating, proceding them for twelve months during the year.As well as all those concepts that may have or have a non -continuous or temporary character.

Article 19 consolidated antiquity

The workers who consolidated their seniority as of January 1, 1998 will continue to receive the resulting amount, which will be updated annually according to the increased increases for each year of validity of this Agreement.

Workers who have entered the companies at the date after January 1, 1998 will not receive any amount for seniority.In their substitution they will receive the monthly amount of salary nature indicated in the annex that will be called "complement to antiquity", whatever its category and the date of entry into the company.

This complement will not be enjoyed by workers linked to the company for interim or substitution contracts.

Article 20 Nightness

It is appropriate to collect this plus to all employees when all or part of their workday is between 10:00 p.m. and 6:00 a.m.

The worker will receive for this concept and for each night hour worked a complement consisting of 25% of the base salary/hour of the worker calculated according to the following formula.

Article 21 Extraordinary bonuses

Two extraordinary annual gratifications are established each of them to a base salary monthly payment plus consolidated antiquity and other salary supplements.

The salary supplements that do not correspond to perceive every month (heating, swimming pools, the pain for coal use) will be part of each of the bonuses in an amount equal to 50% of the amount of such supplements corresponding to the total of the months inThey are perceived.

They will not be part of the amount of extraordinary payments corresponding to the collection supplements of organic and non-organic waste, nocturnality, heating service (cold and/or heat) and hot water on Saturday, Sundays and holidays, telephone, transportation and transportation and Work clothes.

The extra summer pay must be paid in the month of June before the 16th of that month and the Christmas before December 16.

Article 22 Transportation

This complement compensates for the realization of a monetary expense made by the employee to carry out their work.Its amount is the one established in Annex II, accessories.All workers will be paid in full, except professional category of level A, whatever their workday.It will not be perceived during the month of vacation, unless its total annual amount between the twelve months is prorated.

Article 22 a) Salary plus.Of consumption and electricity and water

Whatever the hired, full -time or part -time workday will be paid in full time, only to the workers framed in the level A professional category, unless the company took over the full payment of the receipts, for such concepts, corresponding, correspondingTo your home.Companies will not be able to modify the workers agreed here and additional charges may not be established for workers for any service, except light and cold water.

Article 23 temporary disability

The company will complement up to 100% salaries and extraordinary bonuses of workers in temporary disability, up to a maximum of six months a year.

Article 24 Collective accident insurance, legal defense of the worker and civil liability insurance

Within a maximum period of six months from the publication of this collective agreement in the BOPZ, the property or communities of owners as employers must sign an insurance policy for each worker that covers the contingencies of total permanent disability, permanent disability, permanent disability, disabilityTotal qualified, absolute permanent disability of great disability and death by accident at work or as a result of it.

During the validity of this Collective Agreement, these compensation will be fixed on the amount of 24,000 euros in cases of total permanent disability, permanent permanent disability qualified, absolute permanent disability and great disability, and in 30,000 euros in the case of death of the worker in accidentwork or as a result of it.

All the communities of owners who use workers are forced to hire civil liability insurance that economically covers the possible situations in which the worker can incur in the exercise of the functions that are their own, for which they will have a maximum period of period of period ofSix months from the publication of this Collective Agreement in the BOPZ.

Article 25 Failures and sanctions

Faults are classified as slight, serious and very serious.They will prescribe at ten, twenty and sixty days, respectively, from the date on which the company was aware of its commission, and in any case six months after having committed.

Prior to the interposition of any sanction, the worker will be given to the governing body or the Board of Directors of the property in order to expose this allegations, and must be summoned forty -eight hours in advance and being able to attend it with the advisor thatBe as convenient.Only in cases of sanctioning files in which the worker is proposed to impose a serious or very serious offense The community of owners must inform the condueños by the means it deems appropriate.

Article 26 Relay Contract

The workers of this sector will be able to access partial retirement in the terms provided in current legislation.Simultaneously with the corresponding part -time contract, the company will be forced to arrange with an unemployed worker the so -called relief contract under the terms established by the standard.

Notwithstanding the foregoing, the final provision 12. of Law 27/2011, of August 1, on updating, adaptation and modernization of the Social Security System, in the drafting given by Royal Decree-Law 5/2013, ofMarch 15, it provides that the regulation of the retirement pension in its different modalities, access requirements and conditions and rules of determination of benefits will continue applying, in force before the entry into force of Law 27/2011, to the workersAffected by this Agreement, having signed in the previous Collective Agreement of the Urban Farm Sector of Zaragoza, with Agreement Code 50003125011999 (BOPZ No. 31, of February 8, 2013), the partial retirement agreement that is renewed in thisArticle, provided that the extinction or suspension of the employment relationship occurs prior to January 1, 2019.

Article 27 Trade union rights

The provisions of current legislation will be followed at all times.

In any case, and given the specificity of the sector, the majority of companies of a single worker, the workers designated by the trade union organizations and/or associations representative thereof, to be part of the negotiating commission or the joint commission of the agreement of the agreement, they will enjoy the right of paid permit for the fulfillment of their functions, under the conditions and rights established for the legal representatives of the workers.

Article 28 Applications of General Legislation

In the not provided or not regulated by this Agreement, the general norms and provisions established by the Law of the Statute of Workers and other legislation in force at all times will apply to the respective matters.

Article 29 Safety and health at work

In addition to the due observance of the norms related to safety and health at work, companies are forced to install and maintain a first aid kit in each workplace.

ARTICLE 30 INPAPPIDER OR DISCLAURE CLAUSE

The submission of the inapplication of the agreement will be communicated to the Joint Commission before the lack of agreement between the community of owners and the workers 'representatives in the consultation period, as provided in article 82.3 of the Workers' Statute.

The necessary information and documentation will be presented to the Joint Commission, at least the matter being: salary inapplication (art. 82.3 ET), or the substantial modification of the conditions established in this Agreement (art. 41.6, in relation to 82.3, of the ET), the period of inapplication, the affected workers, as well as the act of disagreement and the minutes of the consultation period, the documentation related to the concurrence of the economic, technical, organizational or production causes.

The Commission, once the documents provided, must be examined, must pronounce on whether or not in the requesting company any of the causes of inapplication provided for in the previous article.If the Joint Commission considers it necessary, it will collect the complementary documentation that it deems timely.

The Joint Commission of the Agreement will have a maximum period of seven days to resolve the requested inapplication, the agreements must be adopted unanimously.The Commission must determine exactly the matters affected by inapplication, as well as to determine and specify both its terms and the calendar of the progressive convergence towards the return of the suspended conditions.

When this will not reach an agreement, the parties may resort to the Aragonese mediation and arbitration service to effectively solve the discrepancies arising in the inapplication of the agreement, as well as the subsequent procedures for the resolution of conflicts provided in article 82.3 of the Statute of theWorkers.

Article 31 Joint Commission and Adhesion to ASECLA

A Joint Commission for the monitoring and interpretation of the discrepancies that may arise in the application of the agreement is established.It will be composed of the representations of the organizations signatory to the agreement, in number of four people by the workers and four others by the business part.

The signatory parties of this Agreement agree to adhere to the Agreement on Extrajudicial Solution of Labor Conflicts in Aragon.

With this adhesion, the parties express their willingness to solve labor conflicts that affect workers and companies included in the scope of this agreement through the Aragonese Mediation and Arbitration Service (SAMA), without the need to express it expressly and individually, according toThe provisions of ASECLA and its application regulations.

The consultations must be addressed to all the organizations of the Collective Agreement, sending written to the attention of the Joint Commission of the Collective Agreement of Urban Farms of the Province of Zaragoza, in which the consultation must be well defined, including sufficient information so that theMembers of the Joint Commission can evacuate the response with due property.Once the consultation has been received, the members of the Joint Commission will meet within fifteen business days from the date of reception, and must issue a report in another fifteen days.

The homes of the Joint Commission of this conventional text are:

Article 32 paid permits

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

In the assumptions of birth, adoption, it keeps for adoption or foster care, in accordance with article 45.1 d) of the consolidated text of the Law of the Statute of Workers, the working persons will be entitled to an hour of absence of work, whichThey can divide into two fractions, for infant care until it turns nine months.The duration of the permit will be increased proportionally in cases of birth, adoption, guard for multiple adoption or foster care.

Whoever exercises this right by his will may replace it with a reduction of his day in half an hour with the same purpose or accumulate it in full days by agreement with the company.

The reduction of the day contemplated in this section constitutes an individual right of working people, without their exercise being transferred to the other parent, adopter, guardian or cozy.However, if two workers of the same company exercise this right by the same causative subject, the business management may limit their simultaneous exercise for justified reasons of the company's operation, which must communicate in writing.

When both parents, adopters, guardians or welcoming exercise this right with the same duration and regime, the period of enjoyment may extend until the infant turns twelve months, with proportional reduction of the salary from the fulfillment of the nine months.

In cases of births of premature children or that for any reason they must remain hospitalized after childbirth, the mother or father will have the right to absent from work for an hour.They will also have the right to reduce their workday to a maximum of two hours, with the proportional decrease in salary.

Who for reasons of legal guardiansan eighth and a maximum of half of the duration of that.

It will have the same right who needs to take care of the direct care of a relative to the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot fend for itself, and that does not perform paid activity.

The adopter parent, guardian for permanent adoption or cozy purposes will be entitled to a reduction in the workday, with the proportional decrease in the salary of at least half of the duration of that, for care during hospitalization and treatmentcontinued from the child in charge affected by cancer (malignant tumors, melanomas and carcinomas) or by any other serious illness that implies a long -term hospital admission and requires the need for direct, continuous and permanent care, accredited by the service reportHealth Public or Sanitary Administrative Body of the corresponding Autonomous Community and, at most, until the minor turns eighteen years old.By agreement between company and worker, the conditions and assumptions in which this reduction of day may be accumulated in full days may be established.

The reductions of day contemplated in this section constitute an individual right of workers, men or women.However, if two or more workers of the same company generate this right by the same causative subject, the employer may limit his simultaneous exercise for justified reasons of the company's operation.

The hourly concretion and determination of permits and reductions in working hours in the terms provided in this article will correspond to the working person within their ordinary day.The working person, except forces, must notice the employer in advance of fifteen days, specifying the date on which he will begin and end the infant care permit or the reduction of working hours.

The working people who are considerate of victims of gender violence or victims of terrorism will be entitled, to make their protection or their right to comprehensive social assistance effective, to the reduction of the workday with a proportional decrease in salary or to theReorganization of working time through the adaptation of the schedule, the application of flexible schedule or other forms of work time management that are used in the company.They will also have the right to perform their work totally or partially at a distance or to stop doing so if it were the established system, always in both cases that this modality of service provision is compatible with the position and functions developed by the person.

These rights may be exercised in the terms that are established for these concrete cases in the agreements between the company and the legal representatives of the working persons.Failing that, the realization of these rights will correspond to these being applied the rules established in article 37.7 of the consolidated text of the Law of the Workers' Statute, including those related to the resolution of discrepancies.

Article 33 Equality

Companies must apply equal plans.In these plans, a set of measures adopted will be articulated after making a diagnosis of the situation aimed at achieving equal treatment and opportunities between men and women and eliminating discrimination due to sex.These equality plans will contain, among others, the following subjects: access to employment, professional classification, promotion and training, remuneration, work time and prevention of harassment due to sex.The plans will also establish the specific objectives, as well as the monitoring and evaluation systems of them.

Additional provision

The labor rights recognized for workers in this collective agreement related to paid permits extend to de facto couples registered in the registry of stable couples of the Government of Aragon.

The following table reflects the grades of kinship, both by straight or direct and collateral line, and by consanguinity and affinity.

Degrees Holder/spouse:

Annex Salary Tables 2021 (1% on salary boards 2020)

Base salaries by categories

Salary accessories table

ANNEXII COMPLEMENTS