INTRODUCTION.
Collective labor contract, agreement of wills by virtue of which the worker agrees to provide his services for others, under the direction and within the entity that corresponds to the natural or legal person who hires him, in exchange for remuneration. Currently, and based on the verified disparity of forces between employer and worker, the regulatory rules of the aforementioned contract tend to be mostly mandatory rules and, as such, subtracted from the autonomy of the will of the contracting parties, from those that are more dignified working conditions in the scope of the possible.
It can be presumed that there is an employment contract between everyone who provides a service on their own behalf and within the scope of organization and management of another, and who receives it in exchange for the remuneration they satisfy; therefore, in such cases and although there is no express verbal or written contractual statement, one is in the presence of conclusive behavior, in the relevant legal order. The conditions under which the work is provided, referred to above, make it possible to distinguish this type of contract from others that are close to it, such as the leasing of services, the work contract, the company or the mandate.
The different classes or types of employment contract can be grouped around different distinctive criteria. Due to the duration, contracts can be of indefinite duration; they are the most frequent, from a statistical point of view and of a determined duration; It is appropriate to speak here of temporary jobs, internships and training, regardless of the possibility of part-time contracts or periodic contracts of a discontinuous nature.
Due to the workplace and taking into account its peculiarities or the risks that it entails, one can speak of an employment contract at sea, in the field and in mining.
Due to the uniqueness of the employment relationship itself, it is worth mentioning the servants in the family home, those penalized in correctional institutions, professional athletes, artists in public shows and dependent merchant operators. Mention should also be made of the contracts signed by the managerial staff, made up of individuals who perform management, coordination or control functions within the company, assuming responsibilities in the running of the same. Among the managerial personnel are, on the one hand, senior management personnel and, on the other, those who call themselves cadres or middle managers, who are between technicians and managers, given that their functions are more restricted or subject at higher orders or instructions.
The students
DUTIES AND LABOR RIGHTS
The fundamental obligation of the employee is the provision of his work in accordance with the professional category that corresponds to him. In accordance with this criterion, the question of working hours and hours - minimum and maximum hours, types of hours (rigid, flexible) and overtime regime - as well as the calendar where breaks and breaks are established, are already raised. either on a weekly basis, or in application of another periodic guideline to regulate parties, vacation shifts and permits.
The worker also has other duties, such as diligence, obedience, good faith or non-attendance.
As far as rights are concerned, the worker has, first of all, the right to salary, an issue around which the following revolve: in money and in kind, basic salary and supplements (which include bonuses, incentives, commissions or bonuses). He also has rights that revolve around the protection of his person and dignity, among which the following could be considered: the right to dignified and non-discriminatory treatment, respect for privacy, the right to safety and hygiene at work, the right to the effective occupation and to the promotion and professional training.
MODIFICATION AND TERMINATION OF THE LABOR RELATION
The modification of the employment relationship can take place by changing the person of the employer, in the cases of transfer of the company, and by changing the working conditions, movements, transfers and promotions of the worker.
It is also possible to suspend the employment relationship due to temporary disability, military service, exercise of public office or other causes, such as leave of absence, which can be forced and voluntary.
The employment relationship may be terminated by dismissal of the worker, withdrawal of the latter, mutual dissent, arrival of the term agreed in the contract, disability, retirement and other reasons, without taking into account the causes of termination that affect the employer. On this matter, assumptions such as the incapacity of the employer as a natural person, its extinction and also the extinction of the contracting legal person must be considered.
COLLECTIVE AGREEMENT OF THE DAILY LAST NEWS
CHAPTER I
GENERAL DISPOSITION
CLAUSE 1
DEFINITIONS
For the easiest and correct interpretation, application and execution of this Convention, the following definitions are established:
- CNP: This term refers to the National College of Journalists. CONVENTION: This term refers to this Collective Labor Convention. CRGV: This term refers to the Circle of Graphic Reporters of Venezuela. COMPANY: This term refers to CAULTIMAS NOTICIAS. IPSP: This term refers to the Journalist Social Welfare Institute. PARTIES: Such is understood as the Union and the Company. SALARY: Salary is defined as the remuneration that the worker receives periodically for the work he performs and includes the payments made for daily fee, bonuses, perceptions, room, permanent bonuses, bonuses, overtime wages, night work bonus, commissions and the equivalent of benefits in kind, such as use of housing,vehicle and others that are necessary for the execution of the service or the performance of the work and any amount that can be classified as such, in accordance with the Labor Law and its Regulations. BASIC SALARY. The one that appears in the tabulator, or failing that, in Form «S». AVERAGE SALARY: The total emoluments received by the worker during the year divided by three hundred sixty (360). UNION: This term refers exclusively to the National Union of Press Workers. WORKER: This term refers to the person or natural persons who provide services in the Company, in tasks pertinent to the preparation of the ULTIMAS NOTICIAS and EL MUNDO Newspaper, which include the Editors, Desk Editor, Graphic Reporters, Diagrammers, Transcriber, Assistant Editor, Illustrator, Infographic,Proofreaders and Style Correctors.
CLAUSE 2
PERSONAL ARRANGEMENTS:
The Company undertakes not to make personal arrangements with any Worker, and anything that is in violation of this clause is void.
CLAUSE 3
PREVIOUS COLLECTIVE CONVENTIONS:
In accordance with the principle that this Convention may not be concluded under less favorable conditions for Workers than those contained in previous Conventions, the Company will maintain working conditions in all its parts of the Collective Contracts previously signed with the Union, that are not or have been replaced or revoked by this Convention. Likewise, the Company will comply with the provisions of general regulations, practiced by it, included or not in previous Conventions.
CHAPTER II
PROVISIONS ON RELATIONS BETWEEN THE COMPANY AND THE TRADE UNION ORGANIZATION REPRESENTATIVE OF THE WORKERS
CLAUSE 4
TRADE UNION CONTRIBUTIONS:
The Company will contribute SNTP, with the following amounts:
1. A single contribution in the amount of Four Hundred Thousand Bolivars with 00/100 (Bs. 400,000.00) at the signing of this Convention.
2. A quarterly contribution of Three Hundred Thousand Bolivars with 00/100 (Bs. 300,000.00) during the first year of validity of this Convention, and Four Hundred Twenty Thousand Bolivars with 00/100 (BS. 420,000.00) quarterly during the second year of validity, for cultural, social, recreational and sports purposes.
3. The contributions provided for in the preceding paragraphs will be canceled by check made out to the SNTP.
CLAUSE 5
TRADE UNION FEES
1. The Company will deduct by payroll the Workers belonging to the Union, the amount corresponding to the ordinary (monthly) and extraordinary union dues.
2. Deductions must be authorized in writing by the Worker.
3. The Company will deliver the amount of the ordinary and extraordinary union dues within the first fifteen (15) business days following each month to which the discount was made, by check made out to the SNTP.
CLAUSE 6
FREE PUBLICATIONS AND BILLBOARDS
1. The Company will publish a half-page monthly bulletin in the ULTIMAS NOTICIAS newspaper free of charge, which will contain information on the trade union in general, related to the activities of the Workers' union organizations and any other aspect deemed appropriate by the Union. Said information shall not contain harmful concepts for entities or persons, the qualification of this content being at the discretion of the Management or Editorial Head of the Newspaper.
2. The Company will publish a half-page monthly bulletin in the newspaper EL MUNDO free of charge, which will contain information on the trade union in general, regarding the activities of the workers' union organizations and any other aspect that the Union deems appropriate. Said information shall not contain harmful concepts for entities or persons, the qualification of this content being at the discretion of the Management or Editorial Head of the Newspaper.
3. Calls, remitted and any other informative materials of the trade union organizations of the Press Workers.
4. The obituaries of the deceased Workers and their relatives (parents, spouse, children, uncles, grandparents and brothers) in the newspaper where they provide services.
5. The agreements or provisions on morals and ethics emanating from the SNTP, CNP, CRGV.
6. The Company agrees to keep two (2) lockable billboards in a visible place in the news and El Mundo newsroom to be used by the Union Committee to fix information material for the Union. It is understood that information may not be posted on sites other than the billboard.
CLAUSE 7
TRADE UNION ACKNOWLEDGMENTS
1. The Company recognizes the Union and the Union Committee that will be made up of four (4) delegates for the Workers who provide services in the newspapers. The delegates and the SNTP Board of Directors will discuss with the Company all matters of an individual or collective nature that arise from contractual relationships between the Parties.
2. The delegates and the Directors of the Union who work in the Company are covered by the Union Jurisdiction provided for in Article 451 of the Organic Labor Law.
3. The Company will grant paid permits at basic salary for union proceedings to the members of the Board of Directors of the Union and to the union delegates, as long as they do not exceed three (3). Said permits may not exceed fourteen (14) hours per week and must be requested in writing, with no less than twenty-four (24) hours in advance.
4. The Company will grant remunerated permission to those Workers who are appointed in union union commission inside or outside the country. The designated Worker may take the time required for up to a period of no more than three (3) months, in each case, and the Company will pay the basic salary for forty-five (45) days.
5. The Company will allow access to its facilities to the members of the Union's Board of Directors, and to the Directors of the CNP, IPSP, CRGV. The Parties agree that the matters to be dealt with by the Workers must be done as soon as possible in order not to interrupt the work.
6. The Parties agree to respond in writing to those proposals that are formulated through the same channel, within a period of no more than five (5) continuous days from the date of receipt thereof.
CLAUSE 8
MEETINGS WITH THE COORDINATION:
The Coordinator will meet periodically with the Workers to cordially and harmoniously evaluate the work carried out and agree on the corrections and reorientations necessary to constantly improve the quality of the newspaper.
CHAPTER III
PROVISIONS CONCERNING THE HIRING OF PERSONNEL AND THE PROVISION OF SERVICES
CLAUSE 9
OPINION ITEMS:
The Company agrees to recommend the publication of opinion articles of the Workers covered by this Collective Agreement, in the opinion pages of the Diaries, with the additional payment according to the current rate. In the case of one or more works carried out with the same qualification, preference will be given to that of the Editors subject to this Convention.
CLAUSE 10
LEGAL ASSISTANCE:
The Company undertakes to provide legal advice to Workers in criminal, traffic or any other cases in which they are involved, as long as the events occur in the course of their work or are derived from work activities.
CLAUSE 11
PROGRESS:
1. The Company undertakes to contract advances in cases of temporary absences of the Workers covered by this Convention. In no case will the usual functions of the Worker be replaced or distributed among the rest of the Workers.
2. The Company recognizes the figure of advancement within the terms of hiring personnel and will consider advancement to that Worker who occupies a temporary vacancy.
3. Advances will have priority to fill a definitive vacancy, provided they meet the requirements required to fill it, after evaluation by the Company, within a period of no more than fifteen (15) continuous days after the vacancy occurs, and the Union is obliged to include them in the shortlist.
4. The advances will enjoy all the claims established in this Convention.
CLAUSE 12
WORKING CONDITIONS
The Company agrees to respect the conditions and location of the Worker within it, being understood that each Worker will provide service only for the publication that has been hired.
1. Workers may provide services in other companies of a news type, provided they have written authorization from the Director of the medium where they provide services, without in any case being carried out in other newspapers.
2. Workers may not provide services to official persons or institutions that are related to the source they cover.
CLAUSE 13
RECRUITMENT
1. The Company, for the purposes of hiring personnel, will request the Union to nominate candidates. For this purpose, the Union must send to the Human Resources Management a short list of candidates to fill the vacancy and / or the vacancies, within a period not exceeding five (5) business days, from the notification of the Company. The Company will choose the candidate who is the most qualified and meets the necessary conditions for the position.
If any of the applicants is not eligible, the Company will notify the Union, which must present a new shortlist within a period of no more than three (3) business days. If the candidates are rejected again, the Company must inform the Union and may hire the candidate it deems appropriate.
2. The journalistic personnel hired by the Company must be duly unionized and registered with the CNP and CRGV, as the case may be.
3. In the event that the Company does not request the Union to nominate candidates, the delegates may do so and the Union shall proceed as indicated in number 1 of this clause.
4. In the case of an absolute vacancy, progress will take priority in the recruitment and selection process, and the Union is obliged to include them in the shortlist.
5. The probationary period for the Workers covered by this Convention may not exceed ninety (90) continuous days, and this will be considered within the time of the Worker's service in the Company.
6. The Company undertakes to respect the principle of profession or trade of the personnel covered by this Convention.
CLAUSE 14
WEEKLY REST DAY:
1. The Company will grant the Workers the mandatory weekly rest provided in the Organic Labor Law.
2. The Worker who is on duty at the weekend, or serves on his weekly rest day, shall receive a compensatory day of rest in the following week, upon agreement between the Worker and his immediate supervisor.
CLAUSE 15
HOLIDAYS AND HOLIDAY WORK
1. The Company recognizes as non-working days of compulsory remuneration:
A. For the Workers of the newspaper El Mundo, the following:
- June 27 December 25 and January 1 October 24 Holy Thursday and Friday May 1
B. For the workers of the Ultimas Noticias newspaper, the following:
- June 27, December 24 and 31, October 24, Holy Wednesday and Thursday, May 1
2. The Parties agree that all the days of the year are working days, except for the days indicated in the previous numeral.
3. The Company agrees that the work on June 27 and October 24, will be carried out with those Workers selected to do it by guards, and they will be canceled with one and a half (1 ½) additional basic salary.
4. The Company agrees in case of coincidence of any of the holidays indicated in number 1 of this clause with a working Sunday, to cancel one and a half (1 ½) additional basic salary.
CLAUSE 16
ENDOWMENT OF USEFUL PHOTOGRAPHS:
1. The Company agrees to supply Graphic Reporters with the equipment and material necessary for the performance of their duties.
2. In case of total or partial loss, damage or wear of the equipment, the following procedure will be followed:
A) If it is a consequence of fortuitous event or force majeure, the repair or replacement will be for the account of the Company.
B) If it is a consequence of the recklessness or negligence of the Worker, the repair or replacement will be at the expense of the Worker.
C) If there is no agreement between the Parties on the cause of the loss or deterioration of the equipment, its repair or replacement will be absorbed fifty percent (50%) by the Company and fifty percent (50%) by the Worker.
3. If the Worker carries out his tasks with photographic equipment of his property, the Company will cancel a lease fee of Thirty Thousand Bolivars with 00/100 (Bs. 30,000.00) per month. In this case, the Worker must notify the Company of the use of its own equipment with the authorization of its immediate supervisor.
CLAUSE 17
INCORPORATION OF NEW TECHNOLOGIES:
The Company agrees in case of incorporation of new technologies to train the Workers, in order to facilitate their adaptation process, and avoid that the incorporation of technologies implies the dismissal of the Worker.
CLAUSE 18
INFORMATION TO THE WORKER:
The Company agrees to inform the Worker or the representative of the Union, the data that may interest him in relation to his Salary, classification, position, deductions made and causes thereof, date of entry and exit of vacations, compensation provided by law, without prejudice to other benefits to which you are entitled by this Convention and the Organic Labor Law.
CLAUSE 19
WORKING DAY:
1. The Parties agree that the working day will be:
A. For the workers of the Ultimas Noticias newspaper thirty-six (36) hours a week
B. For the Workers of the newspaper El Mundo forty-two (42) hours a week
2. The Company will cancel the overtime worked as follows:
A) From one (1) to three (3) hours, with basic salary of half guard;
B) From three (3) to six (6) hours, with basic salary of a guard.
CLAUSE 20
INTERNSHIPS:
1. The Company may employ three (3) final year students or the last two (2) semesters of the Social Communication degree as an intern. This internship will be regulated by the Union according to the agreements signed for this purpose by the National Universities, the SNTP and / or the CNP.
2. Interns will earn the current minimum wage, it being understood that their internship period may not exceed a period greater than one academic semester.
3. Interns will not be able to substitute any professional Worker and consequently the Company will not be able to assign them activities that hinder their academic obligations.
4. It is understood that the intern's schedule will in no case be greater than three and a half hours and will be adjusted according to their class schedule. It is understood that the internship only seeks to complement the student's professional training, therefore, their day will be from Monday to Saturday, without the obligation of overtime and guards.
5. The person in charge of supplying the list of interns is the Union, and the Company undertakes to incorporate in each academic semester, only the names that will be presented to it by the Union.
6. The Company will deliver special identification letters to the interns so that they can carry out their activities.
7. The Parties agree that the Company may extend the internship time only once and for up to six (6) months, in order for Social Communication students to present their thesis. In this case, the intern will continue accruing the assignment established in number 2 of this clause.
CLAUSE 21
ANNUAL AWARDS:
1. The Company will maintain a policy of stimulating the workers of the Ultimas Noticias newspaper by granting three (3) annual prizes in recognition of the best journalistic, graphic and layout work.
2. For the El Mundo Newspaper Workers, three (3) annual prizes will also be awarded in recognition of the best journalistic, graphic and layout work. These awards will be identified as follows: Rodolfo Serrada Reyes Award, José Félix Rivero Award and Armando César Lago Award, in recognition of the professional work they carried out in the El Mundo newspaper.
3. The prizes referred to in the previous numerals will be constituted by the amount of Sixty thousand Bolivars with 00/100 (Bs. 60,000.00) each for the first year of validity of this Convention, and of Seventy thousand Bolivars with 00 / 100 (Bs. 70,000.00) each for the second year of validity of this Convention, and a plaque of recognition to the winners.
4. The Workers accredited to said awards will be chosen by a qualifying jury in accordance with the regulations established for the award.
5. The prizes must be awarded on June 27 (Journalist's Day) of each year, and will be reviewed in the medium in which the Worker provides services.
CLAUSE 22
PROMOTIONS:
1. In the event of an absolute vacancy in a position, the Company will fill said position with one of its Workers, provided that the applicant to fill it meets the minimum requirements to perform it.
2. In the event that there is more than one applicant who meets the requirements, the Company will select, on equal terms, the one with the most experience for the job. If there are two or more applicants with the same experience, the one with the highest potential capacity will be preferred, according to their level of instruction, special courses and record on their record. In case of a new equality, the oldest one will be preferred.
CLAUSE 23
INTELLECTUAL PROPERTY
1. The Company may not use in other publications without the author's consent, the journalistic and photographic material generated for daily production.
2. In case of making use of these materials, the author will receive directly from the third party acquiring them a sum equivalent to twenty-five percent (25%) of the sale price that has been agreed with the Company.
3. The Parties, for the purposes of the copyright referred to in this clause, agree that other publications, supplements or fascicles in general that appear added or inserted in the copies of the newspapers will not be considered. Likewise, it is agreed that the dissemination of newspapers through electronic means, such as the Internet, even when carried out through different formats, will not be considered as another publication, it is understood between the Parties, that according to the development they experience the electronic means, the Parties will analyze and, if applicable, will adjust this clause.
4. The company in no case may compel a Worker to sign a job if he does not agree with it.
5. The Company recognizes the Intellectual Property right over the opinion columns that the Workers have created, in the sense that they cannot be used in other media other than the newspaper, without the Worker's prior consent.
CLAUSE 24
FOOD RECOGNITION:
The Company agrees to cancel a meal for those Workers who, because they are carrying out some special work ordered by the Directorate of the Newspapers, are prevented from going to their home. In any case, the Worker will present the invoice and the Company will evaluate it.
CLAUSE 25 S
SUPPLENCIES:
The Company agrees that when a Worker replaces another who holds a higher position, in which he earns a higher salary, the substitute will receive the difference in salary. Finished the substitution, he will return to his original position accruing the previous salary, without this constituting indirect dismissal.
CLAUSE 26
SPECIAL WORKS:
The Company agrees that when any editor is assigned a special report or survey, they may not be compelled to cover or write the information or news that may originate from the information sources that may have been assigned to them, on the date that the special job. Special work is understood to be one that is outside of normal work.
CLAUSE 27
TRANSPORTATION AND TRAVEL EXPENSES:
1. The Company undertakes to provide graphic editors and reporters with adequate transportation for the development of their work.
2. When the provision of the services must be carried out at a distance greater than fifty (50) km, and / or abroad, the Company will guarantee travel expenses (transport, accommodation and food), in accordance with the regulations in force in the Company, which will seek the ideal guarantee for the best professional performance of him or those sent.
3. The Company agrees to provide transportation to its Workers, until 8 pm to the subway and after that hour to their homes in Caracas, understanding that Guarenas, Valles del Tuy and San Antonio de los Altos are excluded.
CHAPTER IV
PROVISIONS ON HYGIENE AND SAFETY CONDITIONS AT WORK
CLAUSE 28
ENDOWMENT OF WORK TOOLS:
The Company undertakes to provide the Workers with all the material and implements necessary to carry out their activities. Likewise, it undertakes to maintain the facilities destined for the Editorial Office, in a perfect state of maintenance and cleanliness, and duly equipped.
The Worker will receive a copy of the daily newspaper for which he provides services for checking information.
CLAUSE 29
EMERGENCY IMPLEMENTS:
1. The Company undertakes to make available to workers panties, raincoats, rubber boots, high-cut boots, gas masks, bulletproof vests, gloves, protective glasses to cover extraordinary events and accidents, caused by the hand of man or by natural phenomena.
2. In the event that the Workers suffer damage to their clothing when covering these events, the Company will pay the cost of the damaged garment.
CHAPTER V
PROVISIONS ON VACATION, REST AND ABSENCES
CLAUSE 30
DEATH OR SERIOUS ACCIDENT OF FAMILY MEMBERS:
1. The Company will grant the Workers in the event of the death of parents, children, spouse or partner registered in the Venezuelan Institute of Social Security, and siblings paid leave at basic salary for three (3) continuous days when the death occurs in Caracas, five (5) continuous days when it occurs indoors, and fifteen (15) continuous days when it occurs abroad.
2. Paid leave will be granted to the Worker as of the news of death and the Worker must present a copy of the Death Certificate to the Company on the day of their reinstatement and demonstrate the degree of relationship if necessary. If the Worker does not present to the Company the required proofs or does not prove the required circumstances, the Company is authorized to deduct from his wages or any other payment that must be made the wages corresponding to the period of the leave.
3. The Company will grant to the Workers in case of serious accident of parents, children, spouse or partner registered in the Venezuelan Institute of Social Security, paid leave at basic salary for up to three (3) continuous days.
4. The Company will cancel the weekly rest day in the cases provided for in numbers 1 and 3 of this clause.
CLAUSE 31
PRE AND POST NATAL REST:
The Company agrees to grant the legal period of pre and postnatal rest to pregnant women Workers, as established in the Organic Labor Law and its Regulations.
CLAUSE 32
PROFESSIONAL TRAINING PERMITS:
1. The Company agrees to grant unpaid leave to the Worker when they are favored with a scholarship for studies related to their profession, this being the cause of suspension of the employment relationship, in accordance with the Organic Labor Law. Upon cessation of the suspension, the Worker will have the right to continue providing services under the same conditions and will earn the basic salary established at the time of their reinstatement.
2. The Company agrees to grant unpaid permission to travel abroad, for up to thirty (30) continuous days, to the Worker who is invited by official or private entities of the country or abroad. At the choice of the Worker, the enjoyment of this permit may be done within the period of enjoyment of their vacation.
3. The Company agrees that the allocation of trips to the interior and exterior of the country will be made for reasons of suitability and with equal opportunities, respecting the source that the Worker usually covers.
4. The Company undertakes to respect the personalized invitations of the Workers who are invited to cover a certain event, if it is related to the source they cover. In the event that the invited Editor cannot attend, the Company may assign the invitation to any other Editor.
CLAUSE 33
REST AND TRANSFER DUE TO ILLNESS OR ACCIDENT.
1. In case of rest due to illness or accident, provided that such rest is ordered or validated by the doctor of the Venezuelan Institute of Social Security, the Company will pay the sick or injured Worker:
A) The Salary corresponding to the first three (3) days of rest, based on the basic salary, although the Venezuelan Institute of Social Security does not pay the fourth day of rest.
B) The difference in the Basic Salary that the Venezuelan Social Security Institute does not cover, from the fourth day of rest inclusive, up to a period of no more than fifty-two (52) weeks.
2. For the purposes of the payments established in literal B. of numeral 1. of this Clause, the Company will deliver to the respective Worker, at the opportunity of payment of their wages, their corresponding Basic Salary, including the seventh day or day of Rest and the Worker will be obliged to deliver to the Company, the rest validated by the Venezuelan Institute of Social Security within seven (7) days after the beginning of the rest, in order to obtain payment of the corresponding compensation from the IVSS.
If it does not do so, the Company may deduct the respective Worker from any sum that must pay him the amounts that have been advanced in accordance with the provisions of this Clause.
3. The Company undertakes to promptly deliver IVSS service cards to its Workers, since failure to comply with this obligation automatically authorizes the Worker to have recourse to a private doctor or institute, and the Company must cancel the expenses that this may cause, if at the request of the Worker, the Company has not delivered the service card.
4. The Company agrees to transfer to a nearest clinic, hospital or health post, with the urgency that the case requires of any Worker who suffers an accident, or presents symptoms of illness, during the work day.
CLAUSE 34
HOLIDAYS:
1. The Company, in accordance with the provisions of Article 219 of the Organic Labor Law, will grant the Worker, when he completes an interrupted year of services, thirty (30) continuous days of vacation enjoyment, with payment of sixty-two (62) wages, distributed as follows:
A. Thirty (30) salaries based on the normal salary earned by him, in the month immediately preceding the day on which the right to vacation was born.
B. Thirty-two (32) days of basic salary on vacation.
2. It is understood that the payment established in this clause includes the payment of the entire vacation period including legal rest days and holidays, and especially the payments established in articles 219 and 223 of the Organic Labor Law.
3. The Worker may request up to fifteen (15) additional continuous days of enjoyment in the respective vacation request, the payment of which is included and is attributable to the provisions of number 1 of this Clause.
CHAPTER VI
PROVISIONS CONCERNING ECONOMIC BENEFITS
CLAUSE 35
SALARY AND TABULATOR INCREASE:
1. The Parties agree to establish as the minimum basic salary for hooking the amount of Five Hundred Fifty Thousand Bolivars with 00/100 (Bs. 550,000.00) for personnel with unproven experience or up to two (2) years of accredited experience, during the first year of validity of this Convention and of six hundred thousand bolivars with 00/100 (Bs. 600,000.00) during the second year of validity of the Convention.
2. The Company agrees to increase the salaries of the Workers from the date of the deposit of this Collective Agreement in accordance with the provisions of the TABLE OF ACTIVE PERSONNEL to December 31, 2000.
3. The Parties agree to establish a Tabulator for personnel entering the Company during the term of this Convention.
4. The Parties agree to increase the Workers' salary as of January 1, 2002 in an equivalent amount and not less than seven percent (7%) and up to a maximum of fourteen percent (14%), as a performance evaluation, whose regime and methodology will be previously informed to the Union and to the Workers.
5. Any general increase that may be established by means of the Executive, Legislative or concerted channels during the term of this Convention shall be attributed to the increases provided for in this clause.
6. The Company will pay the salary on the fifteenth (15) and thirty (30) of each month.
TABULATOR FOR ACTIVE STAFF
AS OF DECEMBER 31, 2000
Drafters Experience Monthly Salary
Level I Less than 7 years of accredited experience 850,000
Level II From 7 years to 14 years of accredited experience 870,000
Level III From 15 years to 24 years of accredited experience 900,000
Level IV 25 years or more of accredited experience 940,000
Infographic 860,000
Illustrator 780,000
Proofreader 306,000
Style Concealer 680,000
Transcriber 370,300
TABLE OF INCOME DURING THE VALIDITY OF THIS CONVENTION
Level Experience Monthly Salary
Level I From 2 years to 5 years of Accredited Experience 780,000
Level II From 6 years to 10 years of Accredited Experience 850,000
Level III From 11 years to 20 years of Accredited Experience 900,000
Level IV More than 20 years of Accredited Experience 940,000
CLAUSE 36
SENIORITY BONUS:
1. The Company in recognition of the seniority of the Worker, will grant a seniority bonus to the Workers who complete years of service according to the scale and in the terms set forth below:
Five (5) years of service one (1) day of basic salary
Ten (10) years two (2) days of basic salary
Fifteen (15) years three (3) days of basic salary
Twenty (20) years four (4) days of basic salary
Twenty-five (25) years five (5) days of basic salary
Thirty (30) years six (6) days of basic salary
Thirty-five (35) years seven (7) days of basic salary
2. The bonus will be canceled in the month immediately following the anniversary of the Worker's service provision.
3. This rebate leaves without effect the regime established in the Collective Agreement signed between the Parties, dated April 28, 1982.
CLAUSE 37
ESCROW:
The Company undertakes to place seniority social benefits in trust, in accordance with the provisions of the Organic Labor Law and the provisions that govern the matter.
CLAUSE 38
UTILITIES:
1. The Company agrees to pay its Workers in the first fortnight of the month of December of each year, fifteen percent (15%) of the net profit that it would have obtained at the end of the respective annual financial year, in accordance with the Organic Labor Law. The individual participation of each Worker shall in no case be less than seventy-five (75) daily wages.
2. To the Worker who has not worked the full year of the respective financial year, the participation in the benefits established in number 1 of this clause, will be paid proportionally to the full months of services rendered. This rule applies to both the worker who joins and the one who retires during the respective fiscal year.
CHAPTER VII
PROVISIONS CONCERNING SOCIO-ECONOMIC BENEFITS
CLAUSE 39
STUDENT ASSISTANCE:
2. The Company agrees to contribute student aid to distribute among those Workers with children duly registered with the Venezuelan Institute of Social Security, in the following amounts:
A) Three million six hundred thousand Bolivars with 00/100 (Bs. 3,600,000.00) for the first year of validity of this Convention;
B) Four million Bolívares (Bs. 4,000,000.00) for the second year of validity of this Convention.
2. The workers with children who study basic, diversified, technical and university education will be beneficiaries of student aid.
3. The contribution provided for in number 1 will be distributed among the Workers with children regardless of the number of children.
4. To be beneficiaries of student aid, the Worker must present each year in the month of October that this Convention is in force, proof of study for the last year completed and proof of enrollment for the new educational year.
5. The amount provided for in number 1 of this clause will be delivered in October by check made out to the SNTP.
CLAUSE 40
SAVINGS BANK:
1. The Company recognizes the right of its Workers to maintain a Savings Bank, in accordance with the respective legal provisions in force and its own statutes.
2. As long as the Workers maintain the Savings Bank referred to in number 1 of this Clause, the Company undertakes to:
A. Discounting by payroll and delivering to the Savings Bank, the amounts that the Worker authorizes in writing, as long as the authorized amount is within the maximum limit of ten percent (10%) of his monthly basic salary; and
B. Stimulate the savings of its Workers, contributing to the Savings Bank a sum equivalent to fifty percent (50%) of the amount that according to literal A. of this numeral would have discounted to the Worker, in the first year of validity of this Convention, and sixty percent (60%) in the second year of this Convention.
3. Monthly deliver to the Savings Bank both the discounts made to the Worker and the contribution to stimulate savings, within the first five (5) business days of the immediately following month.
CLAUSE 41
SPORTS INCENTIVES:
The Parties agree to stimulate the participation of the Workers in sports activities in order to encourage the competitive spirit, and to this end will collaborate with those events to which the Workers are invited.
CLAUSE 42
MARRIAGE:
1. When a Worker contracts marriage during the term of this Contract, the Company will grant him:
A) Ten (10) continuous days of paid leave at basic salary.
B) A bonus of Fifty thousand Bolivars with 00/100 8Bs. 50,000.00)
2. The Worker will have the right to enjoy the remunerated permission that is dealt with in literal A of numeral 1 of this clause, after the civil or ecclesiastical marriage has been carried out, at the choice of the Worker himself, but he must notify the Company in writing, before to use it, at least fifteen (15) days in advance.
3. The bonus, referred to in literal B of numeral 1 of this clause, shall be paid to the Worker on the payroll immediately following the celebration of the marriage upon presentation to the Company of the documents that prove the celebration of the marriage.
4. When the marriage is celebrated between two (2) Workers, the bonus provided in literal B of numeral 1 of this clause will be paid to both and the paid leave will be enjoyed simultaneously and at the same time by the two (2) Workers.
CLAUSE 43
BIRTH OF CHILDREN:
1. When, during the term of this Contract, a child is born to a Worker whose affiliation is legally proven, the Company will grant him:
A. Two (2) continuous days of paid leave to Basic Salary for the father, mainly for the purposes of allowing the transfer of the spouse or concubine to the assistance center and the registration of the child in the civil registry.
B. A unique and special bonus for the amount of:
• Fifty Thousand Bolivars with 00/100 (Bs. 50,000.00) during the first year of this Convention.
• Sixty thousand Bolivars with 00/100 (Bs. 60,000.00) during the second year of this Convention.
2. The permission provided in literal A of numeral 1 of this Clause, will be granted to
Parent worker, upon request. The Worker must within five
(5) days immediately following the date of enjoyment of said permission, deliver to the Company the proof of presentation of the child or the certified copy of the birth certificate. If it does not do so, the Company is authorized to deduct from its wages or any other payment that must be made by the wages corresponding to the permit.
3. If the father and mother are Workers, at the time of birth, both will be paid.
4. In the event of multiple births, the bonus provided herein will be paid for each child born.
5. The bonus established in literal B of numeral 1 of this Clause, will be paid within ten (10) business days following the date of delivery to the Company of the proof of presentation of the child.
CLAUSE 44
INSURANCE
FUNERAL INSURANCE
1. The Company will contribute seventy-five percent (75%) of the cost of funeral insurance to cover the Workers and their qualified family members in funeral expenses.
2. Retired Workers will be beneficiaries of the contribution foreseen in the previous numeral.
HOSPITALIZATION, SURGERY AND MATERNITY INSURANCE
The Company will contribute seventy-five percent (75%) of the HCM insurance premium for Workers, with a coverage of ten million bolivars with 00/100 (Bs. 10,000,000.00) as of 1st. May 2001.
LIFE INSURANCE AND PERSONAL ACCIDENTS
The Company will contribute with one hundred percent (100%) of the premium of a Life and personal accident insurance for the Workers, with a coverage equivalent to twelve months of basic salary, from the 1st. May 2001.
CLAUSE 45
LIVING PLACE:
1. The Company undertakes to apply Article 108, Literal «D» of the Organic Labor Law.
2. The Company will comply with the provisions of the Housing Policy Law.
CHAPTER VIII
PROVISIONS CONCERNING THE TERMINATION OF SERVICES
CLAUSE 46
STABILITY:
This Convention guarantees effective stability at work. Consequently, no Worker may be dismissed for reasons other than those contained in Article 102 of the Organic Labor Law.
CLAUSE 47
DEATH OF THE WORKER:
In the event of death or total disability of a Worker due to an accident at work or occupational disease, the Company agrees to cancel all sums of money owed to its Worker at the time of its occurrence, such as: the seniority benefit to which refers to article 108 of the Organic Labor Law, the compensation provided for in article 125 of the current Organic Labor Law, salary, vacations, utilities or any other concept that is owed in accordance with the Organic Labor Law and this Convention, after deduction of the amounts advanced or owed by the Worker.
CLAUSE 48
RETIREMENT:
1. The Company, in common agreement with the Union, may retire during the term of this Convention, up to a maximum of six (6) of its Workers who are 80 years old between years of service and age.
2. The terms of retirement are as follows:
A. The Company's contribution as payment of the retirement pension will be 40% of the Worker's basic salary.
B. The Company will cancel the retired Worker his seniority benefits in a simple way.
C. Retired Workers as of December 31, 2000, shall enjoy, proportionally to the amount of their retirement, the salary increase obtained by the workers benefiting from Level IV of the Tabulator for Active Personnel provided for in clause 35 of this Convention.
D. Retirees will be awarded a Christmas bonus of one hundred thousand bolivars with 00/100 (Bs. 100,000.00) in the month of December, for the first year of validity of this Convention, and one hundred and twenty thousand bolivars with 00 / 100 (Bs. 120,000.00) for the second year of validity of this Convention.
E. The Company and the Union expressly agree that if due to special considerations it is necessary to review the case of any of its Workers, who do not meet the requirements established in this Clause, by common agreement they will resolve the situation.
CHAPTER IX
FINAL PROVISIONS
CLAUSE 49
DURATION OF THE CONVENTION:
The present Collective Labor Agreement shall have a duration of twenty-four (24) months, counted from the first (1st) of January two thousand and one (2001). Both parties agree that they will begin to discuss a new Work Convention three (3) months before its expiration.
CLAUSE 50
EDITION OF THE COLLECTIVE CONVENTION
The Company agrees to edit this Convention at its sole expense, in sufficient quantity to be distributed among all its Workers, and fifty (50) copies for the Union, within sixty (60) days after their legal deposit, they will also supply a copy to the Workers who enter it.
The characteristics that the edition must have are: full text of all the clauses classified according to the general index, text of the act of legal deposit, cover and back cover on cardboard.
CLAUSE 51
VALIDITY
The Parties agree that the benefits and conditions set forth in this Collective Agreement shall enter into force on April 18, two thousand and one (2001).
TRANSITORY CLAUSE:
SUBSTITUTE BONUS OF RETROACTIVITY EFFECTS:
The Company agrees to grant each Worker a Special Bonus once and without salary incidence in order to offset the retroactive effects of the Collective Agreement, in the following terms:
1. Workers who provide services in the Diario Ultimas Noticias: the bonus will be equivalent to the difference between the daily salary accrued as of December 31, 2000 and the daily salary agreed in the Tabulator for Active Personnel provided in clause 35 of this Convention by the number of days elapsed since January 1, 2001 or your date of entry if it is later, until the date of deposit of this Convention, with a surcharge of ten percent (10%) additional to the total amount for all the Workers, with the exception of the Sports Writers for whom the surcharge will be equivalent to twenty percent (20%) of the total amount.
2. Workers who provide services in the newspaper El Mundo: the bonus will be equivalent to the difference between the amount of Seven Hundred Forty-Eight Thousand Bolivars with 00/100 (Bs. 748,000.00) and the daily wage increase agreed in the Tabulator for Active Personnel as of February 15, 2001 provided for in clause 35 of this Convention for the number of days elapsed since February 16, 2001 or the date of entry if it is later, until the date of deposit of this Convention, with an additional ten percent (10%) surcharge on the total amount.
CONCLUSIONS
The Collective Labor Contract since it is concluded by the employer and the union does not remain the same, since it may be subject to revisions and modifications, which are not carried out arbitrarily or capriciously, but rather it is necessary to comply with the rules that effect established by the Federal Labor Law. Both figures, the revision and the modification, have their own peculiarities, because even though their objective is the same (to vary the content of the Collective Labor Agreement), their difference is that the revision is broader than the modification, since this it is only limited to working conditions.
During the development of this work, we also analyze termination and termination as ways to terminate a Collective Labor Agreement, both are legally and doctrinally different legal figures that, although their material consequences are the same in that both entail The separation of the worker from his job, differ from each other because they originate from causes independent of each other and their legal effects are also different, in addition to being established in different devices.
Likewise, it was discussed about the legal causes that originate the suspension of the collective labor relations, which have in common the fact that they are circumstances that affect the employer, but that affect the workers, in them the idea of guilt does not appear, but an employer responsibility does arise, in addition to certain procedural burdens.
And finally, it was clear that one of the most important characteristics of the Collective Contract is that its effects reach not only the members of the union that concluded the contract, but also the other workers of the company or establishment, including those of trust., unless with respect to these the opposite is provided.
The students.
BIBLIOGRAPHY
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ANNEXES
ARTICLE 1
THE COUNTRY 12-15-2003
VICE MINISTER OF LABOR SATISFIED BY PROGRESS OF NEGOTIATIONS
Arbitration to discuss wages in electricity sector
Venalum, Bauxilum and Carbonorca contracts are pending
BEATRIZ CARIPA
Caracas. The meeting held this week between representatives of the electricity sector union yielded positive results, said Deputy Labor Minister Ricardo Dorado.
In the aforementioned meeting, it was decided to install an arbitration commission to discuss the homologation of wages, the employer savings fund and the vacation bonus, aspects in which there were differences that led to the opening of a conflicting statement in September.
The Ministry of Labor official explained that the installation of the arbitration commission evidences a significant step in the approaches made by the Bolivar state unions belonging to the Venezuelan Guayana Corporation (CVG) and the Edelca company.
The final intention of the arbitration process is to submit the differences to a correct interpretation of the clauses under discussion, provided for in the collective agreement for workers in the electricity sector.
ARTICLE # 2
Monday March 10, 2003
Decision of the Constitutional Chamber
TSJ declared inadmissible amparo filed by the president of ASITRABANCA
See Judgment
The president of the union association denounced that the National Electoral Council has not yet recognized the validity of the union elections held on September 20, 2001, in which he was elected to office, which has caused - in his opinion - the violation of the rights of the workers he represents, who have asked him for discussions of collective contracts and the exercise of other types of representations before different administrative authorities, committed which could not be fulfilled
The Constitutional Chamber of the Supreme Court of Justice, in a presentation by Judge Antonio García García, declared inadmissible an appeal for amparo filed by Juan Laya Peñaranda, president of the Trade Union Association of Bank Workers, Transport of Securities, Brokerage, Bank Surveillance, Stock Market and Related of the Federal District and Miranda state (ASITRABANCA), for the alleged omission of the National Electoral Council (CNE) in relation to the recognition of the validity of the electoral process carried out in the aforementioned union organization.
BACKGROUND OF THE CASE
On February 7, the Constitutional Chamber received from the Electoral Chamber the file of the amparo action filed jointly with a precautionary measure named by Juan Laya Peñaranda, acting on its own behalf and on behalf of the group of workers affiliated to the Union Association of Bank Workers, Transport of Securities, Brokerage, Bank Surveillance, Stock Market and Related of the Federal District and Miranda state (ASITRABANCA), in its capacity as its president, judicially assisted by Gonzalo Suárez Omaña, against the omission of the CNE, in relation to recognition of the validity of the electoral process carried out in the aforementioned union organization on September 20, 2001, in accordance with the provisions of article 56 of the Special Statute for the renewal of Union Leadership.The plaintiff indicated that on September 20, 2001 the electoral process was held to elect the authorities of ASITRABANCA, in which plate No. 3 was the winner, in which he was nominated to exercise the office of president, thus remaining Therefore, elected for the period 2001-2004, as stated in the Totalization, Swearing in, Adjudication and Proclamation Act drawn up by the National Electoral Commission and received by the CNE on September 28, 2001. He noted that according to the provisions of article 56 of the Special Statute for the renewal of the Union Leadership, the sending of the aforementioned Act was made so that the highest electoral body recognized the validity of the electoral process held, which until now has not occurred, despite the multiple requests that they have formulated him.
THE RIGHTS OF THOUSANDS OF WORKERS WOULD BE INJURED
For the plaintiff, the omission that the CNE has incurred damages the rights of the thousands of workers that it represents, who have asked for discussions of collective contracts and the exercise of other types of representations by different administrative authorities, committees that have not have been fulfilled. Finally, he requested that the National Electoral Council be ordered to recognize Plate 3 as the new authorities of ASITRABANCA and, likewise, to fix the time of three uninterrupted years as the period for which they were elected, counted from said recognition. The plaintiff requested that the highest judicial entity be ordered to recognize the validity of the judicial process referred to, in addition, that through an unnamed precautionary measure,so that the plaintiff and the managers and other members that make up plate No. 3, of which they participated in the ASITRABANCA elections, be designated as a preventive measure, to be able to represent before any competent authority the rights and interests that such workers enjoy.
CONSIDERATIONS TO DECIDE THE CASE
After declaring itself competent to hear the case, the Constitutional Chamber ruled on the admissibility of the amparo action filed. In this regard, it was found that the plaintiff alleged the violation of the constitutional rights of petition and timely response, suffrage, due process, the free constitution of trade union organizations and the discussion of collective labor contracts, established in articles 51, 63, numeral 1, 49, 95, 96, numeral 6, 293 and 294 of the Constitution of the Bolivarian Republic of Venezuela, as well as the infringement of the “Fundamental Right to Haste of the acts of scrutiny” and of articles 4, literal c) and d), and 56 of the Special Statute for the renewal of the Union Leadership,caused by the absence of recognition by the National Electoral Council of the validity of the electoral process held on September 20, 2001, to choose the authorities of ASITRABANCA. The Chamber recalled that the electoral contentious process, being summary, brief and effective, gives the parties the possibility of providing the necessary evidentiary elements for the evaluation of the Judge, which, moreover, can be even more expeditious, if it is considered that the procedural lapses can be cut by up to half. In the present case, the Chamber specifies in its judgment, “the plaintiff cannot be allowed to choose the route of challenge, alternatively, between the constitutional protection and the electoral contentious appeal, given that accepting the admissibility of the protection, in this type of situation, could bring, as a consequence,Contradictory decisions, since with such wide-ranging active legitimation being envisaged to try the electoral contentious remedy, if any legitimized party tried this remedy and agreed to an amparo for the same purpose, sentences could be generated that would have different and mutually exclusive legal effects, because the assumptions to be examined in each case obey a different nature ”. In view of the foregoing, the Constitutional Chamber declared inadmissible the action for amparo filed, in accordance with the provisions of article 6, numeral 5, of the Organic Law of Amparo on Constitutional Rights and Guarantees and, consequently, considers it unofficial to issue a pronouncement on the nameless precautionary measure requested.Because, with such broad active legitimation being foreseen to try the electoral contentious remedy, if someone legitimized tried this remedy and an amparo was agreed for the same purpose, sentences could be generated that would have different and mutually exclusive legal effects, because the assumptions to be examined in each case they obey a different nature ”. In view of the foregoing, the Constitutional Chamber declared inadmissible the action for amparo filed, in accordance with the provisions of article 6, numeral 5, of the Organic Law of Amparo on Constitutional Rights and Guarantees and, consequently, considers it unofficial to issue a pronouncement on the nameless precautionary measure requested.Because, with such broad active legitimation being foreseen to try the electoral contentious remedy, if someone legitimized tried this remedy and an amparo was agreed for the same purpose, sentences could be generated that would have different and mutually exclusive legal effects, because the assumptions to be examined in each case they obey a different nature ”. In view of the foregoing, the Constitutional Chamber declared inadmissible the action for amparo filed, in accordance with the provisions of article 6, numeral 5, of the Organic Law of Amparo on Constitutional Rights and Guarantees and, consequently, considers it unofficial to issue a pronouncement on the nameless precautionary measure requested.sentences could be generated that would have different and mutually exclusive legal effects, because the assumptions to be examined in each case obey a different nature ”. In view of the foregoing, the Constitutional Chamber declared inadmissible the action for amparo filed, in accordance with the provisions of article 6, numeral 5, of the Organic Law of Amparo on Constitutional Rights and Guarantees and, consequently, considers it unofficial to issue a pronouncement on the nameless precautionary measure requested.sentences could be generated that would have different and mutually exclusive legal effects, because the assumptions to be examined in each case obey a different nature ”. In view of the foregoing, the Constitutional Chamber declared inadmissible the action for amparo filed, in accordance with the provisions of article 6, numeral 5, of the Organic Law of Amparo on Constitutional Rights and Guarantees and, consequently, considers it unofficial to issue a pronouncement on the nameless precautionary measure requested.of the Organic Law of Amparo on Constitutional Rights and Guarantees and, consequently, considers it unofficial to issue a pronouncement on the nameless precautionary measure requested.of the Organic Law of Amparo on Constitutional Rights and Guarantees and, consequently, considers it unofficial to issue a pronouncement on the nameless precautionary measure requested.
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