Convenio Colectivo de Trabajo - Servicio Municipal de Transportes Urbanos PDF

Summary

This document is a labor agreement (convenio colectivo) for the Santander Municipal Urban Transport Service. It outlines the terms and conditions of employment, including working hours, compensation, and other labor-related matters.

Full Transcript

## CONVENIO COLECTIVO DE TRABAJO DE LA EMPRESA "SERVICIO MUNICIPAL DE TRANSPORTES URBANOS" ### CAPÍTULO PRIMERO Disposiciones Generales - The parties of the agreement are, on one hand, the legal representation of the company, and on the other, the legal representation of the company committee. - T...

## CONVENIO COLECTIVO DE TRABAJO DE LA EMPRESA "SERVICIO MUNICIPAL DE TRANSPORTES URBANOS" ### CAPÍTULO PRIMERO Disposiciones Generales - The parties of the agreement are, on one hand, the legal representation of the company, and on the other, the legal representation of the company committee. - The working conditions established in this agreement will not be applicable in the cases regulated in article 82.3 of the Workers' Statute. - In accordance with the established in article 82.3, the collective agreements regulated by this law bind all employers/workers included within their scope of application and throughout the duration of its validity. - Without prejudice to the foregoing, when economic, technical, organizational or production causes occur, by agreement between the company and the workers' representatives with the legitimacy to negotiate a collective agreement in accordance with the provisions of article 87.1, it may proceed, after the development of a consultation period under the terms of article 41.4, to disregard the working conditions in the applicable collective agreement, whether it be industry-wide or company-specific, that affect the following matters: - Working day - Hours and distribution of working time - Shift work regime - Remuneration system and salary amount - Work and performance system - Duties, when exceeding the limits set for functional mobility provided for in article 39 of this Law. - Voluntary improvements to the protective action of Social Security ### ART 1. SCOPE OF APPLICABILITY - The stipulations of this Agreement affect the labor relations existing between the staff, whose categories appear in the salary table, and the Santander Municipal Urban Transport Service. ### ART 2. SCOPE OF APPLICABILITY - It will come into effect from the day following its approval in the Local Government Board of the Honorable City Council of Santander (the approval document is included at the end of this Agreement), regardless of its publication in the Official Gazette of Cantabria. - The validity of this Agreement will extend until December 31, 2023 and, unless expressly denounced by one of the two parties, it will be understood to be extended year by year. - Any of the parties with legitimate standing may formally denounce this Agreement, provided that it does so expressly in writing and with a minimum lead time of two months before the date of expiry of its validity. Within a period of one month from the aforementioned denouncement, the corresponding negotiating committee shall be established. - If the Agreement is denounced and no express agreement is reached, it will remain in force in its entirety. ### ART 3. JOINT COMMISSION - To monitor the correct interpretation and fulfillment of the provisions of this Agreement, a Joint Commission is established, made up of ten members — five appointed by the Company Committee and five by the Service — with the Presidency being the same as that of the Agreement. - Said Commission will meet at the request of either party within a maximum period of fifteen days, and the call will be made with a one-week lead time and specific agenda. Without prejudice to the functions that this Commission is assigned by the legal provisions on the matter, it will intervene in: - Interpretation of this Agreement - Arbitration of issues raised by both parties - Optional conciliation in collective labor-related issues - Monitoring and fulfillment of what has been agreed. - If no agreement is reached in the meeting itself on the discrepancies that give rise to the meeting, the Joint Commission shall issue a written report within a maximum period of 15 working days from the date of the meeting and send it to the parties concerned. ### ART 4. COMPENSATION AND ABSORPTION - The salaries and remuneration conditions agreed in this Agreement shall not be modified during its validity, neither in their amount nor in their structure, due to the entry into force of legal or regulatory provisions on this matter. They shall only be applicable if, considered globally and annually, they exceed the total level of the Agreement; otherwise, they will be considered compensated and absorbed by the improvements established therein. ### ART. 5. MORE FAVORABLE CONDITIONS - Any more favorable condition that one has been enjoying in its entirety. ### ART. 6. CONNECTION TO THE WHOLE - The conditions agreed upon in this Agreement form an organic and indivisible whole and, for practical application purposes, shall be considered with this characteristic. In the event that the competent jurisdiction, in the exercise of its powers, does not approve any of the provisions of the Agreement, this Agreement shall become null and void and shall be reconsidered in its entirety. ### ART. 15. REVIEW - If the Consumer Price Index (CPI) for 31 December of each year exceeds the percentage of increase agreed in accordance with the Budget Laws, the agreed salaries in this Agreement will undergo a review for the amount exceeded, provided that it does not contradict the provisions of said laws. ### ART. 16. EXTRAORDINARY BENEFITS - Extraordinary benefits are payable annually in the months of June and December, and they are payable on the last day of the months of June and November. - The components that make up the extraordinary payments are: BASE SALARY, FUNCTIONAL SUPPLEMENT, POST SUPPLEMENT AND PERSONAL SUPPLEMENTS. ### CAPÍTLLULO III Jornada, Horarios, licencias y Vacaciones ### ART. 17. WORKING DAY - The annual working day will be 1627.5 hours per year, which is equivalent to a weekly schedule of 35 hours per week and an extension of the work schedule of 108.50 hours per year. - A pause is established within the working day of 30 minutes per day, which will be considered effective working time, provided that the duration of the work day is longer than 6 hours uninterrupted. - For staff with general working hours (departments with fixed breaks on Sundays and holidays), as a consequence of special circumstances, events or situations that are considered adequately motivated, the timeframe for the mandatory face-to-face working time may be reduced at the time of departure. The timeframe for the reduction of the mandatory presence timeframe will involve transferring it to the flexible working time timeframe, which will apply the provisions for these timeframes in previous sections. Such reduction will be taken into consideration, bearing in mind the adequate provision of services to citizens, and without detriment to the calculation of the legally established annual worktime. - If one of the annual holidays falls on a Saturday, this staff will be entitled to enjoy it on another day, provided that the needs of the SMTU allow it, and according to what is specified in Section K). ### Formula for calculating the annual worktime is as follows: - Natural days per year: 365 - Saturdays and Sundays: -104 - Holiday days (working days): -22 - Annual holidays: -14 - Paid annual leave: -8 - TOTAL WORKING DAYS: 217 ### Total hours per year = 217 * 7.5 = 1,627.5 hours. - The work time will be fulfilled from 1 January 2021 in the following way: - **Administration, Medical Service and Risk Prevention Service:** Daily uninterrupted worktime from Monday to Friday in the morning shift. ### Duration: 7 hours and 30 minutes - **Working time:** between 6:45 a.m. and 3:45 p.m. - **Fixed:** 7:45 a.m. to 2:30 p.m. Between 15 June and 15 September, from 7:30 a.m. to 2:00 p.m., provided that it does not conflict with the official schedule of the City Council for Public Attention, which will prevail over the fixed schedule. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** will be enjoyed according to an agreement between the worker and the SMTU. ### **Warehouse:** - **Schedule:** Continuous daily work in the morning shift from Monday to Friday and alternate Saturdays. - **Duration:** 7 hours (Monday to Friday) and 5 hours (on the Saturday that work is performed). - **Working time:** between 5:45 a.m. and 1:45 p.m.. - **Fixed:** 7:15 a.m. to 12:30 p.m. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** will be enjoyed according to an agreement between the worker and the SMTU. ### **Lubrication and Tires** - **Schedule:** Continuous daily work in the morning shift, according to the rest schedule. - **Duration:** 7 hours and 30 minutes. - **Working time:** between 3:00 a.m. to 12:30 p.m. - **Fixed:** 4:00 a.m. to 10:30 a.m. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU or according to the annual schedule that applies. ### **Sheet Metal, Painting and Welding:** - **Schedule:** Continuous daily work in the morning shift, according to the rest schedule. - **Duration:** 7 hours and 30 minutes - **Working time:** between 5:00 a.m. to 2:30 p.m. - **Fixed:** 6:00 a.m. to 12:30 p.m. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU or according to the annual schedule that applies. ### **Cleaning and Fuel:** - **Schedule**: Continuous daily work in the afternoon shift, according to the rest schedule. - **Duration:** 7 hours and 30 minutes. - **Working time:** between 3:39 p.m. and 1:15 a.m.. - **Fixed:** 4:39 p.m. to 11:09 p.m. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU or according to the annual schedule that applies. ### **Workshops:** - **Schedule:** Continuous daily work in the morning shift, according to the rest schedule. All staff assigned to the mechanical section will rotate by performing a fixed afternoon shift when it is their turn. - **Duration:** 7 hours and 30 minutes. - **Morning shift:** - Working time: between 5:00 a.m. and 2:30 p.m. - Fixed: 6:00 a.m. to 12:30 p.m. - **Afternoon shift:** - Working time: between 3:24 p.m. and 1:00 a.m. for the afternoon shift. - Fixed: 4:30 p.m. to 11:00 p.m. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU or according to the annual schedule that applies. ### **Electronics:** - **Schedule:** Continuous daily work in the morning shift from Monday to Friday. - **Duration:** 7 hours and 30 minutes. - **Working time:** between 5:45 a.m. and 3:30 p.m.. - **Fixed:** 8:00 a.m. to 1:30 p.m. for Management and Administration. - **Fixed:** 6:00 a.m. to 12:30 p.m. for Maintenance and Repairs. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU. ### **Security Guards** - *Schedule*: Continuous daily work in the morning, afternoon and night shifts, according to the rest schedule. - *This section will perform a fixed work day of 8 hours and, as it is not possible to apply the reduction in working time to other categories, this time will accumulate in 13.56 work days per year. Additionally, while the reduction in working time between 15 June and 15 September is in effect for municipal staff, the excess time for the daily hour will accumulate in 8 days off. (92 natural days * 33/49 (days of work per complete cycle of breaks) = 61.95 days of work = 1 hour per day = 61.95 hours / /8 hours per day = 7.743 days = 8 days off.)* - *Duration*: 8 hours. - *Working time*: between 6:00 a.m. and 2:00 p.m. for the morning shift, between 2:00 p.m. and 10:00 p.m. for the afternoon shift and between 10:00 p.m. and 6:00 a.m. for the night shift. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU or according to the annual schedule that applies. ### **Security Guard:** - *Schedule*: Continuous daily work from Monday to Friday in the morning or afternoon shifts, alternating weekly. - *Duration*: 7 hours and 30 minutes - *Working time:* Between 6:00 a.m. and 3:00 p.m. in the morning shift and between 1:30 p.m. and 10:00 p.m. in the afternoon shift. - *Fixed morning shift: 7:00 a.m. to 1:00 p.m. Fixed afternoon shift: 2:30 p.m. to 8:30 p.m.* - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU. ### **Cleaner:** - *Schedule*: Continuous daily work from Monday to Friday in the morning shift. - *Duration:* 7 hours and 30 minutes. - *Working time:* between 5:00 a.m. and 2:30 p.m.. - *Fixed:* 7:00 a.. to 1:00 p.m. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU. ### **Line and Control Center Inspection ** - *Schedule*: Continuous daily work in the morning and afternoon shifts according to the rest schedule. - *Duration:* 7 hours and 30 minutes. - *Working time:* between 5:45 a.m. and 3:30 p.m. for the morning shift and between 2:30 p.m. and 12:00 a.m. for the afternoon shift. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. - *Line and Control Center Inspection staff will perform a fixed work day of 8 hours and, as it is not possible to apply the reduction in working time to other categories, this time will accumulate in 14 work days per year. Additionally, while the reduction in working time between 15 June and 15 September is in effect for municipal staff, the excess time for the daily hour will accumulate in 8 days off. (92 natural days * 33/49 (days of work per complete cycle of breaks) = 61.95 days of work = 1 hour per day = 61.95 hours / /8 hours per day = 7.743 days = 8 days off.)* - **Holidays:** they will be enjoyed according to the pre-established holiday schedule. ### **Garage Driving:** - *Schedule*: Continuous daily work in morning, afternoon and evening shifts according to the rest schedule. - *Duration*: 8 hours. - *They will perform a fixed work day of 8 hours and, as it is not possible to apply the reduction in working time to other categories, this time will accumulate in 13.56 work days per year.* - *Working time:* between 6:00 a.m. and 2:00 p.m. for the morning shift, between 2:00 p.m. and 10:00 p.m. for the afternoon shift and between 10:00 p.m. and 6:00 a.m. for the night shift. - **Holidays:** they will be enjoyed according to an agreement between the worker and the SMTU or according to the annual schedule that applies. ### **Vehicle Driving for Persons with Disabilities:** - **Schedule**: Daily work from Monday to Friday. - **Duration:** 8 hours. - *Working time:* between 8:00 a.m. to 1:00 p.m. and between 3:00 p.m. and 6:00 p.m.. - **Holidays:** they will be enjoyed according to the pre-established holiday schedule. - **While the reduction in working time between 15 June and 15 September is in effect for municipal staff,** the departure time may be brought forward by one hour. ### **Drivers/Collectors** - The daily working day will be carried out continuously and in the morning and afternoon shifts according to the rest schedule, and as it is not possible to perform the continuous daily work schedule of 7:30 hours, the excess (30 minutes) will accumulate in 13.56 work days per year. - The effective working time will be that reflected in the service card that is assigned to each worker daily, including all the tasks specified in the same, according to those currently being developed. - There will be flexibility in the work schedule in the following terms: the daily working day will vary between 7 and 9 hours, reducing the number of cards currently exceeding 8:30 hours in duration in the successive work schedule changes (summer/winter). The monitoring of this commitment will be carried out through the card commission, in which the Company Committee is represented. By December 31, 2023, the objective of 8:30 hours as a maximum will be achieved, without prejudice to the possibility of accelerating this process and progressively reducing it to reach a variation of between 7 and 8:30 hours. - The Service undertakes to calculate the daily working day in an average of 8 hours with bimonthly planning. The completion of the morning shift will be progressively reduced until it is set as a maximum of 3:20 p.m., with a deadline of December 31, 2023, including all the functions within this timeframe. The working day will begin and end at the garages, with travel times from and to the garages during shifts being considered as effective working time. - The annual rotating leave schedule includes the 14 annual holidays and the published annual calendars including the 13.56 days of accumulated work day, the 8 days of paid leave and the 22 days of leave before the end of each year. Of the paid leave days, two of them shall be set for each of the seven groups on two of the 14 annual holidays; also, while the reduction in working time between 15 June and 15 September is in effect for municipal staff, the excess time for the daily hour that cannot be reduced will accumulate in 8 days off, which will be included in said calendar (total 52 days). - Calculation of the accumulated work day due to the impossibility of performing the daily calculation of 7 hours 30 minutes = 217 * 30/60 = 108.50 hours / 8.00 = 13.56 days = 14 days. - * Calculation for excess in not applying the reduction to the summer work schedule: (92 natural days * 33/49 (days of work per complete cycle of breaks) = 61.95 days of work = 1 hour per day = 61.95 hours / /8 hours per day = 7.743 days = 8 days off.)* ### ART. 18. VOLUNTARY AVAILABILITY - Considering as a general principle the irregular distribution of the annual work schedule in order to avoid overtime and temporary hiring as much as possible, and given the nature of public service—whereby the provision of services is necessarily subject to various changes due to the absences that are generated due to Temporary Disability, non-scheduled paid leave, trade union leave, etc.—that it is not possible foresee, staff who voluntarily agree to the flexibility of their work schedule and agree that on 8 days per year set aside for rest in their work schedule, as defined as non-working days, they will work, will be compensated at a rate of €255.55 for each day worked, and it will be paid at a rate of €170.37 per month for 12 months. - The need to carry out this work schedule will be communicated to the worker with 48 hours in advance of the scheduled date, except for unforeseen circumstances that must be justified, which may affect the maximum weekly or monthly working hours, but not the maximum annual working hours, in accordance with the City Council's guidelines: Compensation for overtime, training and calculation of the annual work schedule. Compensation for the days previously defined as voluntary availability will be calculated within the daily work schedule that is carried out in the flexible working time timeframe. ### ART 19. PAID LEAVE - The leave scheme of the Municipal Urban Transport Service staff will be the same as that of the municipal staff of the Santander City Council, which is currently governed by the provisions of articles 48 to 50 of Royal Legislative Decree 5/2015, of October 30, approving the Consolidated Text of the Basic Statute of Public Employees, which integrates a single rule, Law 7/2007 of the Basic Statute of Public Employees and the provisions contained in subsequent regulations, particularly—and as far as the leave scheme of public employees is concerned—it is established by Royal Decree Law 10/2015 of September 11. - Interpretative criteria in relation to the different aspects affecting the leave scheme and holidays of the Service staff of the Municipal Urban Transport Service will be the same as those that are dictated at any given time by the Personnel Department through the different guidelines and circulars for their application to the municipal staff of the Honorable City Council of Santander, which will be applicable to SMTU staff. ### **1. LEAVE** ### 1.1. LEAVE IN GENERAL (ARTICLE 48 OF THE BASIC STATUTE OF PUBLIC EMPLOYEES) - *a) Deaths, accidents or serious illness of family members* : - *Death of a family member within the first degree of consanguinity or affinity (spouse, father/mother, father-in-law / mother-in-law, children, sons-in-law / daughters-in-law).* - 3 working days and consecutive, if the event occurs in the same locality. - 5 working days and consecutive, if the event occurs in a different locality. - *Death of a family member within the second degree of consanguinity or affinity (grandparents, siblings, in-laws, grandchildren).* - 2 working days and consecutive, if the event occurs in the same locality. - 4 working days and consecutive, if the event occurs in a different locality. - *The days described as working days, for the purposes of this leave, will be considered as days on which, according to the applicable work schedule for the employee, the provision of services corresponds.* - *The concept of locality will be understood, for the purposes of this leave, in relation to the employee's usual workplace.* - *The day on which the leave period begins will be the day that coincides with the occurrence of the event that gives rise to it.* - *However, if the employee does not take time off work on that day, it will begin to accrue from the next working day.* - *Justification: The person concerned must inform the Head of Department or senior management immediately about the generation of this leave and provide a certificate of the funeral home and/or obituary.* - *b) Accidents or serious illness of a family member:* - *Accidents or serious illness of a family member within the first degree of consanguinity or affinity (spouse, father/mother, father-in-law / mother-in-law, children, sons-in-law / daughters-in-law)*: - 3 working days if the event occurs in the same locality. - 5 working days if the event occurs in a different locality - *Accidents or serious illness of a family member within the second degree of consanguinity or affinity (grandparents, siblings, in-laws, grandchildren)*: - 2 working days if the event occurs in the same locality - 4 working days if the event occurs in a different locality. - *The days described as working days, for the purposes of this leave, will be considered as days on which, according to the applicable work schedule for the employee, the provision of services corresponds.* - *The concept of locality will be understood, for the purposes of this leave, in relation to the employee's usual workplace.* - *The day on which the leave period begins will be the day that coincides with the occurrence of the event that gives rise to it.* - *However, if the employee does not take time off work on that day, it will begin to accrue from the next working day. If, as a consequence of the need to care for the patient or for family reasons, it is considered advisable to postpone the enjoyment of the leave to days following the initial event, it may be requested to be enjoyed on days immediately following the discharge, subject to the needs of service.* - *Serious illness is considered, for the purposes of this type of leave:* * - Situations that give rise to intervention surgery of the family member, including outpatient surgery and day hospital. - Situations that require hospital admission for treatment or outpatient hospitalization, on home admission. Hospitalization occurs when it involves spending at least one night in the hospital. - The ones defined in the Annex of Royal Decree 1148/2011 of July 29 and the ones included in the catalog of rare diseases. - *Stay of a first or second degree family member in Emergency Services:* - * It will not, in itself, generate leave for serious illness, unless it results in surgical intervention and/or hospital admission, as defined in the preceding sections* - *The stay in Emergency Services, accompanying a first or second degree family member, will generate leave for the indispensable period, with the maximum limit of the corresponding leave for serious illness, with the relevant justification being provided.* - *When it is an accident, the leave will be granted in the cases where the accident is considered serious, meaning when the health of the injured person has a situation of severity in terms equivalent to the ones described above * - *When a cause stops due to discharge and later, the same cause is repeated in the same person, a new leave period will be generated. - *The person concerned must inform the Head of Department or senior management immediately about the generation of this leave, and provide a certificate issued by the healthcare center where the family member has been treated.* - *b) Change of address without change of residence, one day.* - *c) To perform union or staff representation duties, as determined.* - *d) To attend final exams and other final tests of aptitude, during the days of their celebration.* - *This leave applies when it is for exams or tests for obtaining a recognized academic or professional qualification*, *as well as to attend competitive exams for admission to public employment.* - * It does not include exams or aptitude tests of another nature*, *such as those carried out to obtain driving licenses or similar.* - *e) For the time indispensable for prenatal examinations and techniques of preparation for childbirth by pregnant employees and, in cases of adoption or fostering, or for the purposes of adoption, for attendance at the prescribed sessions of information and preparation and for the preparation of the prescribed psychological and social reports prior to the declaration of suitability, which must be carried out within the employee's working hours* - *f) For breastfeeding a child under twelve months of age, the employee will be entitled to one hour of absence from work, which may be divided into two parts. This right may be replaced by a reduction of the normal working day by half an hour at the beginning and end of the working day or, one hour at the beginning or end of the working day, for the same purpose. - The leave described in this section is an individual right of the employees, and it cannot be transferred to the other parent, adoptive parent, guardian or foster parent*. - *It is possible to request the substitution of breastfeeding time for paid leave, which accumulates the time in full working days. This method can only be enjoyed after the end of the leave for childbirth, adoption, fostering, or for the different parent from the biological mother, or once the time equivalent to that covered by the aforementioned leave has elapsed from the birth of the child.* - * This leave is increased proportionally in the cases of childbirth, adoption, fostering for adoption or multiple fostering.* - *For the total calculation of hours of accumulation*, *the first day that corresponds to the person concerned to attend the service after the end of maternity/paternity leave will be considered as the starting point, and it will include the days of effective service until the end of the right to breastfeeding, without including the intermediate days on which the person concerned requests leave or any other type of leave. - *If both parents work, the request for this leave must be accompanied by the renunciation of breastfeeding from the other parent.* - *For the birth of premature babies , or that for any other reason must remain hospitalized after childbirth, the employee will be entitled to be absent from work for a maximum of two hours a day, receiving full remuneration.* - *Likewise, they will be entitled to reduce their working day for a maximum of two hours, with a proportional reduction of their remuneration.* - * h) For legal custody reasons, when the employee is directly caring for a minor under twelve years of age, an elderly person requiring special care, or a person with disabilities who does not carry out remunerated work, the employee shall be entitled to reduce their working day, with the corresponding reduction of their remuneration. - For the same reason, the employee who needs to be responsible for the direct care of a family member, up to the second degree of consanguinity or affinity, who, for reasons of age , accident or illness, cannot take care of themselves and who does not carry out remunerated work, shall be entitled to a reduction of up to fifty percent of the work day, with remuneration.* - *i) Due to the need to care for a first degree family member, the employee shall be entitled to request a reduction of up to fifty percent of the work day, with remuneration, for reasons of very serious illness and for a maximum period of one month.* - *If there is more than one holder of this right for the same cause, the time of this reduction may be prorated among them, respecting, in any case, the maximum period of one month.* - *j) For time indispensable for the fulfillment of a non-excusable duty of public or personal character and for duties related to the reconciliation of family and working life, the employee will be entitled to six days.* - *k) The employee will further be entitled to enjoy the following days, and one more day for each three-year period from the eighth: two additional days upon completion of the sixth three-year period.* - These days cannot be accumulated to annual leave periods for staff with a general work schedule. This staff with a general work schedule may distribute said days as they see fit, subject to the authorization of their superiors and always taking into account the needs of the service. When, for this reason, it is not possible to enjoy the aforementioned leave before the end of December, it can be granted in the first fifteen days of January of the following year. - *l) For staff with special working hours, provided that the needs of the service allow it and do not contradict the organizational scheme of the service, the days for personal matters will be accumulated to the vacation days that they enjoy independently.* - *m) For Christmas holidays: December 24 and 31*. - *Where this right to days off for the Christmas holidays on December 24 and 31 is established for municipal staff, all Service staff shall be entitled to enjoy it.* - *The enjoyment of these permits will be included in the individual rotating schedule of each employee for those employees who are subject to a work schedule with special hours, and they will be enjoyed primarily, as far as possible, linked to holidays. In the event that general work schedule employees are involved, these permits will be enjoyed on the same day, provided that the needs of the SMTU permit it and according to what is specified in Section K.)* - *If the staff regulations or the collective agreements of municipal labor staff establish any other indication, they will apply to the Municipal Urban Transport Service, provided that the needs of the Service permit it.* - *For marriage, fifteen calendar days.* -*This type of leave is also included for cases of registration in the official registry of same-sex partners.* - * This type of leave is not included for cases of de facto union, unless registration in the official registry of same-sex partners is accredited.* - *n) The day on which the leave period begins will be the day that coincides with the occurrence of the event that gives rise to it. However, if the employee does not take time off work on that day, the leave period will begin the next working day, and the enjoyment may be postponed for a maximum period of two months from the date of marriage or registration in the Registry of same-sex partners. In this case, the number of days resulting shall not exceed that which would have been generated in the event of enjoying the leave from the date of the cause.* -*A new marriage leave or registration of same-sex partner shall not be granted until ten years have passed from the enjoyment of the previous one.* - *o) For employees in the state of pregnancy, a paid leave from the first day of the 37th week of pregnancy until the date of delivery. In the event of multiple births, this leave may begin on the first day of the 35th week of pregnancy until the date of delivery.* - *1.2. Leave for family and personal reasons (direct application of Article 49 of the Basic Statute of Public Employees):* - *a) Leave for childbirth for the biological mother:* - *It will last sixteen weeks, of which the six weeks immediately following childbirth will be mandatory and uninterrupted. This leave will be extended by two more weeks in cases of disability of the child and, for each child from the second, one for each parent in cases of multiple births.* - *However, in the event of death of the mother, the other parent may enjoy all of the leave or, as the case may be, the remaining period of leave.* - *In the event that both parents work, once the first six weeks of mandatory leave have elapsed, the enjoyment period of this leave may be carried out at the will of said parents in an uninterrupted manner and be exercised from the end of the mandatory leave following childbirth until the child reaches twelve months old. In the case of interrupted enjoyment, each

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