Consultation by CCOONovember/December 2012

Collective agreement for the “No Reglada” Education

sector in Catalonia

Why do a consultation?

The employers’ association has made a proposal for a collective agreement for our sector (on 22nd November 2012).

CCOO informs you of this proposal, and calls on union members to vote on the proposal, at a meeting on 1st December.

The meeting will be open to all workers from the “No Reglada” sector, whether union members or not, so that they can be informed of the situation.The vote will be open to all CCOO union members.

Consultation Online: Go to this web page to give your opinions on the proposals.

Employers’ and union strategies

Along with the proposal for the collective agreement, the employers’ representatives have made the threat of signing a limited effect agreement with a union that has minority representation in the sector. Such an agreement would apply only to those workers who decide to subscribe to it in their workplace.

For a collective agreement to be effective for the whole sector, it requires the signature of the union with majority representation, in this case, CCOO.

CCOO informs you of this strategy, the employers’ proposals and those of CCOO itself. We’d like to hear your opinions before replying to the employers in December 2012.

Click on the links on each page for more information.

First of all… basic information

The current collective agreement for the sector is the “VIII Conveni d’Ensenyament Privat de Catalunya”, code 7900575. We will make comparisons with this agreement.

See information about the duration of the “VIII conveni”.

There is also a Spain wide collective agreement for No Reglada. Click here for the text if you want to make comparisons.

See the employers’ proposal.

We’ll highlight CCOO proposals at the negotiation for this new conveni.

The agreement to be applied in Catalonia is/will be the Catalan conveni.

Employers’ associations:CATformació 12 FCCE 2 CCAEC 1

Most meetings are attended by 3 or 4 representatives of CATformació.

Who negotiates the “No Reglada” collective agreement?

Unions: CCOO 9 UGT 6 (established in 2008) 60% 40%

CCOO2 or 3 workers’ reps from the No Reglada sector, one being the CCOO Coordinator for No Reglada, as well as the Coordinator for Union Action at the Education Federation, along with a legal adviser when necessary.

UGTTwo Coordinators from the Education Federation and a union advisor.

Who negotiates the “No Reglada” collective agreement?

Changes to the union representation in the sector covered by this conveni, 2008 - 2012

April 2008 Nov 2012 Recognised Current at the situationnegotiation

60%

CCOO

70%

CCOO

40%

UGT

20%

UGT10%

Altres

Proposals:

Details of the employers’ proposal, Nov 2012:

Wage increase

Improvements to the VIII conveni?

Worse conditions than the VIII conveni?

More detailed information on the conditions and CCOO proposals

More CCOO proposals

Wage increases, 2008-2012?

The employers propose:An increase of 6,5% applied in 2012, to the wage scales from 2007, and 1% for 2013. For those workers who have:- already received provisional wage increases, “cuenta convenio”,

they will have those increases respected.- had no provisional increase in the period 2008-2011, the employers

make NO commitment to retroactive payments, only for 2012 for those workers who are still employed in the company when a new conveni comes into effect.

Back to index of proposals

The rate of inflation for Catalonia in this period has been:If we were to apply real wage increases based on the rate of inflation, the accumulated effect would be 12,5%, meaning the employers proposal of 6,5% is almost half that amount.

CCOO has defended wage increases in line with inflation.

2008 1,6%2009 1,2%2010 3,0%2011 2,5%2012 3,6%* *dec ’11-oct ‘12

Improvements to the VIII conveni? 1

Remove previous professional categories, such as Auxiliary Teacher, Instructor.In our experience these categories are often used incorrectly to the disadvantage of the worker, as they are paid at a lower rate. *

Simplify the professional groups and categories: Many have become obsolete over time.*

* Under the employers proposals companies will have until January 2017 to make the adjustments from old to new categories!

Back to index of proposals

Improvements to the VIII conveni? 2

Regulate the permanent contract called Fix Discontinu, permiting its use for part-time staff. This isn’t regulated in the current conveni.

Apply a reduction to the normal annual hours of approx. 1%, applied step-by-step over the next 3 years.*

This reduction leads to a new average weekly hours of a total of 31 hours for Teachers and 36 hours for Admin and General Services staff. ** But, with a new obligatory additional hours bank, permitting: up to 35 hours a week for Teachers. up to 40 hours a week for all other categories.

Back to index of proposals

Recognise explicitly the right to attend medical appointments in the name of the worker, in work time (previously only recognised

as paid leave the right to accompany a member of the immediate family).

Introduces the concept of time worked in the case of cancelled classes, albeit only for those employed on a paid-per-hour worked basis.

Improvements to the VIII conveni? 3

But, introduces a limit of 20 hours per year, for medical visits in the name of the worker and/or to accompany a member of the immediate family (proportionate for part-time contracts)

Back to index of proposals

Guarantees?

It’s not an improvement to the VIII conveni, but the text proposed includes a recognition of individual and collective agreements in the company, and conditions that are better than those in the conveni.

NB: It is always important to double check how these clauses apply to your own individual, or collective, situation.

Check the exact text of the employers’ proposal:Disposición final: Primera, Segunda, Tercera

Back to index of proposals

In general, what does the VIII conveni state?

Employers want to increase use of temporary contracts, by:

Eliminating the maximum limit of staff on temporary contracts as a % of total employees. Currently the limit is a maximum 50% of employees on temporary contracts.

Permitting temporary contracts for longer periods of time.

No limit to repeated use of 2 or more temporary contracts.

Widen the scope of situations in which temporary contracts may be legally used.

Worse conditions than the VIII conveni? 1

Back to index of proposals

Get rid of the 3 year bonus, Triennis, for all new contracts.

Increase to 4 years, from the current 3 years, the limit beyond which the Auxiliary Administrator wage rises to next level, being that of the ‘Oficial’ Administrator.

Limit the recognition of real length of service, known as Antiguitat, to cases where there are less than 20 days break between contracts.

Worse conditions than the VIII conveni? 2

Get rid of the Length of Service Bonus, known as “Premi de Fidelitat” for all new contracts, and cut the value of the bonus to only include base salary (excluding ‘triennis’ or bonuses).

Back to index of proposals

Create the additional hours bank, which the employer can oblige an employee to work, with only 5 days notice, for any full-time staff. Paid at +10%€.

Permit working on Sunday and Bank holidays, with no additional increase in hourly rate.

Worse conditions than the VIII conveni? 3

Back to index of proposals

Create a new category of the “Expert”, who could be obliged to work up to 38 hours of classes per week, not negated by the location of this category in Technical Professional group, not in the Teaching group.

Introduce a new limit of max. 20 hours per year to attend medical appointments, in the name of the worker or to accompany a member of the immediate family. (proportionate for part-time contracts)

Limit the entitlement to 100% full sick pay to 7 months in a total 12 month period. (in the VIII conveni there is no maximum limit at full sick pay).

Worse conditions than the VIII conveni? 4

Back to index of proposals

Cut the holiday days for Xmas, Easter and long weekends to 12 days from the current 21 days (21 for teachers, and approx,. The same for non-teaching staff).

Get rid of the right to accumulate union hours on a sector wide basis.

Introduce new disciplinary clauses and sanctions

Worse conditions than the VIII conveni? 5

Back to index of proposals

Increase the probationary period.

Cut entitlement to unpaid leave to 10 working days, in only 2 periods per year, on condition of advance notice of 15 dies. (Currently 15 days, advance notice of 5 days.)

Reduced working week, starting with the creation of a reduced hours ‘Ordinary Week’ which would increase the % for part-time workers.

What other proposals does CCOO defend at the negotiation? 1

Inici de propostes

Date for updating the new categories: January 2014 not 2017.

Guarantees that we won’t have the substitution of the Teacher category by the new Expert category.

Change the name of the sector to give it more positive value: e.g. Ensenyaments i Formació Continuada.

What other proposals does CCOO defend at the negotiation? 2

Inici de propostes

Improvements to paid leave and length of sabbaticals or unpaid leave to care for family members etc. (excedencias)

Reduce from 3 years to two years the time when the Auxiliary Administrator rises to the wages of the Oficial Administrator.

Give us your views!Online consultation Come to the meeting, 1st Dec

Continue… for the further detailed information on the

proposals and conditions.

Your voice counts!

Item

Detailed information: explanationEmployersVIII Conveni CCOO

The work condition

What does the current collective agreement state? The VIII Conveni d’Ensenyament Privat de Catalunya

More information About the legal context related to the issues above.

Latest proposal from the employers’ association

Proposals that CCOO defends at the negotiation

Back to index of proposals

Item

Temporary contracts: VIII conveniVIII Conveni

In general Article 12 states:

“Staff may be contracted on a temporary contract for work that is sporadic and occasional, of limited duration and for transitory and circumstantial reasons.”

Original catalan text:

“És personal eventual el que és contractat pels centres per realitzar treballs esporàdics i ocasionals de duració limitada i per raons transitòries i circumstancials.”

Item

Temporary contracts: % of employeesEmployersVIII Conveni CCOO

Limits to the % of staff team on temporary contracts

Permits up to a maximum of 50% of employees on temporary contracts

Whilst the basic employment law, “Estatut dels Treballadors”, regulates the definition and use of temporary contracts, it currently does not regulate a limit of a % of temporary contracts permitted in a company.

Get rid of the limit. This opens the possibility that all staff could be employed on temporary contracts

Defend the maximum 50% limit, and demand that it be improved as far as 25%.

Item

Temporary contracts: repeated use, year after yearEmployersVIII Conveni CCOO

The basic employment law, “Estatut dels Treballadors”, establishes a maximum 24 months on 2 or more temporary contracts, within a total 30 month period. However, this clause is currently suspended until further notice.

Limits to the repeated use of, two or more, temporary contracts.

No limit.Only whatever the basic law states.

Permit up to a maximum of 12 months on two or more temporary contracts, within an 18 month period.

No regulation

!! See information related to length of service, “antiguitat !!

Maintain the legal limit of 6 months within a total 12 month period.

Raise the minimum legal limit to 12 months in a total 18 month period for this type of contract.

Item

Temporary contracts: “circumstàncies de la producció”

EmployersVIII Conveni CCOO

The temporary contract called Circumstàncies de la Producció

Not regulated any more than the limits placed by article 12.See

The basic employment law, “Estatut dels Treballadors”, establishes the basic minimum limit of 6 months within a total 12 months period. This can only be increased in a conveni, such as that under negotiation. If the employee continues to work after the limit agree in conveni or law, they automatically hold the legal status of a having a permanent contract.

Permit use of this contract when training is delivered to clients away from the main company base, ie. to private companies. I.e. all workers doing training In Company could be employed on temporary contracts!

Item

Temporary contract: “obra i servei”EmployersVIII Conveni CCOO

If the employee continues to work after the limit justification no longer applies, then they will automatically hold the legal status of a having a permanent contract.

The temporary contract called: Obra i Servei

The minimum legal condition: this contract should only be used for activities that are not the main economic activity of the company. This contract is frequently used “incorrectly” to try and avoid giving a permanent contract.

Not regulated any more than the limits placed by article 12.See

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Length of service, “Antiguitat”EmployersVIII Conveni CCOO

Recognise real length of service in the company. When a permanent contract is signed, the length of service on previous temporary contracts should recognsied.

Article 66 “The length of service in the company will be from the date the employee started working at the company.”

“La data inicial del còmput d’antiguitat serà la d’ingrés del treballador en l’empresa.“

Want to limit the recognition of length of service under previous contracts to less than 20 days break between one contract and the next.

Should be recognise from the first day of the first contract, including if there were one or more months break between contracts. That reflects the reality of the distribution of courses in our sector. At CCOO we have won recognition of “antiguitat” even when there were months break between contracts.

Such recognition has serious implications in the calculation of bonuses and any possible future redundancy pay.

Item

Working hoursEmployersVIII Conveni CCOO

Define working hours, only annually not weekly.

Defines the average working week for all categories, as well as giving the annual total hours.

Want to define working hours, only annually.

Apply a 1% reduction, whilst demandin new additional obligatory hours bank, paid at +10% the normal hourly rate.

Define working hours weekly and annually, to guarantee security for the worker, and a work-life balance.

There are serious problems in this sector relating to the irregular distribution of the working hours, frequent changes to timetables and quantity of hours worked, resulting in serious problems for a work-life balance.

We defend reductions to working hours, through the setting up of a Ordinary Working Week, which improves the recognition for part-time staff.

Item

Jornada: hours bank and flexibilityEmployersVIII Conveni CCOO

New additional hours bank for those already on full-time hours

Only permits up to 120 additional hours for teachers, with no obligation to work them.

We accept the principal of possible more hours, but on condition that they are paid at+25% normal hourly rate, and negotiated with the worker, with 20 days notice. If an employee wants to work overtime to earn more money they can do but it should be Voluntary and paid at +25% €.

Want to be able to apply changes to timetables and hours worked throughout the year, with only 5 days notice to the Want an additional OBLIGATORY hours bank, paid at +10% normal hourly rate. This will enable increased working week for all staff, Administrative, General Services and Teaching staff.

There are serious problems in this sector relating to the irregular distribution of the working hours, frequent changes to timetables and quantity of hours worked, resulting in serious problems for a work-life balance.

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Holiday at Xmas, Easter etcEmployersVIII Conveni CCOO

Holiday at Xmas, Easter and long weekends.

Teaching staffArticle 41 21 working days: 10 fixed by company, 8 days exchangeable for paid work time, 3 fixed by the worker.

12 working days*:9 for Xmas, Easter, long weekends;3 on dates chosen by the worker (with 15 days notice and accepted only on condition that it doesn’t present organisational problems nor if it coincides with other requests for days off.)

* Increases by 3 Saturdays for those who work a 6 day week.

As a commitment to reach an agreement, CCOO proposes reducing the 21 days to 16, on condition of a minimum break of 2 weeks at Xmas, 1 week ay Easter, and on condition of improvements to paid leave entitlements.

There is agreement at the negotiation to unify the days holidays for teaching and non-teaching staff. The disagreement is in the quantity of days off.

Non-Teaching StaffArticle 448 calendar days Xmas6 calendar days for Easter+ 7 days + 5 working days

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Categories: l’Expert/aEmployersVIII Conveni CCOO

Doesn’t exist. Teaching should be done by Teachers, the contribution of the “Expert” should be well regulated, defined and limited (eg. as in public and university sector) with a healthy working week, starting as full-time at 25 hours of classes and guarantees against substitution of Teachers, at an hourly rate of +20%€.

New category of Expert

Want to create a potential working week of 38 hours for the Expert which could all be CLASS CONTACT TIME!

Professional Groups and CategoriesI Docents Professor/a,

II Tècnics Expert/a, Orientador Professional, Consultor, Informàtic, CCOO defends as well: Bibliotecari, Traductor/Interpret

III Administració Cap, Responsable de Secció, i Comercial Oficial, Auxiliar

IV Serveis Cap, Oficial, Auxiliar, Generals Monitor/ Informador

Categories Funcionals Director, Subdirector, Cap d’Estudis, Cap Departament, Tutor, Responsable Prevenció Riscos Laborals

The Reforma Laboral, 3/2012, established new rules regarding Professional Groups and Categories, making it easier to oblige staff to fulfill tasks required from categories other than those you were employed to do..

The current conveni is the VIII Conveni d’Ensenyament Privat de Catalunya, code 7900575.There is an agreement, signed 21st April 2008, and registered at the Departament de Treball, 28th April 2008, between unions and employers, that states:

“All parties affirm that until there is a new agreement the VIII Conveni de Catalunya de l’Ensenyament Privat remains in force in with respect to each of its areas of application.”

According to our legal advice, we can defend the application of the VIII Conveni because an agreement governing the duration of the conveni is in place and was signed before the passing of the Labour Reform, 6th July 2012. The agreement takes precedent when deciding the duration of the conveni.

For this reason we state that the limit of one years extension to negotiate convenios, as regulated in the Labour Reform, does not apply to this conveni.

About the duration of the current convenio

Give us your views.

Come to the meeting.All workers from the No Reglada sector welcome.

Your voice counts!

Still not a member? Join the union here

To participate in future votes and help create a strong union for the No

Reglada sector.

The vote to inform the decision on the conveni will be open to CCOO union

members.

Your voice counts!

CCOO No Reglat

Information web ccoo.cat/ensenyamenttel 934812842mail ensenya@ccoo.catblog noreglat.eformacio.org

CCOO Ensenyament No Reglat @noreglatccoo noreglatccoo