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The FEMP-CLM has signed a pact for stability in employment in local public procurement. This organization believes that the Administration "is one of the fundamental pillars on which the public powers support to guarantee the rights and freedoms of the people", for what it considers necessary "to incorporate measures tending to promote stability in employment"
The Administration is one of the fundamental pillars on which the public powers support to guarantee the rights and freedoms of the people. Contract to satisfy your need for supplies, services and works. Contracts that must be instruments for the fulfillment of their fundamental purposes and values: social cohesion, redistribution of wealth, equality and justice
This Pact is framed within the framework of the Social Dialogue with the Trade Unions. With which it is intended to move towards a socially more responsible contracting. Containing, among others, gender clauses from a social and environmental perspective in the hiring of the public sector, within the provisions of the new Public Sector Contracts Law, aware that the most representative trade union centers in the region have an essential participation in the respect, in relation to labor content clauses.
Measures are incorporated to promote stability in employment, as well as equality, in terms of labor conditions and rights and occupational health, measures that are going to be an important element to be taken into account by companies in their participation in the bidding procedures initiated by the contracting bodies included in the scope of application thereof.
HIGHLIGHT:
1.- To provide the City Councils that agree to ratify a minimum of those that start with homogeneous criteria that provide legal certainty.
2.- It is a starting point for the Town Councils that agree to ratify the document, can adapt to their concrete reality and their public procurement needs, in the exercise of their autonomy, that is why it is mandatory that the Local Entities of Castilla- The Stain that they deem opportune they subscribe it by means of Agreement Plenary.
3.- The FEMPCLM does not have the character of a negotiation unit, according to Article 83 of the Workers Statute, however, if it is recognized as an interlocutor before the political and administrative instances of the region.
4.- What is intended by the PACT: to provide municipalities with tools for the application of current legislation, both public and labor contracts, safety and hygiene at work, prevention of occupational hazards, training for the employment ... protecting the rights of workers under equal conditions, introducing social clauses that guarantee job stability, and including in them the possibility of resolving the contract for non-compliance by qualifying them in the specifications as essential obligations in the terms regulated in article 211.1.f) of the LCSP.
CONTENT
FIRST. Area of ??application.
Application to service contracts entered into by the Local Entities of Castilla-La Mancha that subscribe by means of a Plenary Agreement, (and its related or dependent bodies)
Sectors:
a) Cleaning and auxiliary services
b) Security and surveillance
c) Maintenance
d) Gardening
e) Hospitality, dining rooms and kitchen.
f) Telephone assistance.
g) Conserjerías and information.
h) Laundry management in the case of the laundry service of the municipal center itself.
i) Healthcare auxiliary service.
j) Care for the elderly, disabled and dependent.
k) Those other sectors of identical or analogous nature to those described in the previous sections.
l) SECOND. Measures to promote stability in employment in the contracting of services.
When the conclusion of a service contract determines a change in the company that came providing this service and the requirements are met for the business succession to take place, the application of article 44 of the TRET is guaranteed.
OTHER SOCIAL CLAUSES:
The Specific Administrative Clauses will contemplate the conditions of subrogation as employer by the adjudicator in those cases in which the object of the contract consists of the rendering of services substantially equal to those developed by the previous adjudicator and in which the hand component of work is essential according to the economic study, the provisions of Article 130 of the LCSP being applicable, referring to the information on the conditions of subrogation in work contracts.
At the moment in which the Town Hall in question agrees by means of the Plenary Agreement the adhesion to this Pact, this becomes "agreement of general effectiveness" in which case the provisions of article 44 of the TRET will be applied.
- The prohibition to celebrate new contracts for a duration of less than 20 hours per week is established, except that the needs to be met with the contract do not reach that number of hours.
- It may be established in the Tender Documents that the offer includes the part of the contract that is planned to subcontract, subjecting the subcontractor to the provisions of article 215.2.c) of LCSP.
- It establishes the need for the awarded company to include measures related to equality between men and women, through positive actions through collective bargaining and the extension of negotiating Equality Plans
THIRD. Measures to comply with current regulations on labor and social security
In this aspect it is worth highlighting as the most relevant measures:
- The payment of the salary collected in the sectoral collective agreement of application according to the professional category that corresponds to the worker, ensuring equal pay for men and women in the same professional category and without in any case the salary to pay may be inferior to that established in said agreement.
- The obligation that, if applicable, the successful bidder require the subcontractor to certify compliance with the obligations established in this section, in all cases requiring the subcontractor the same requirements and documents as the successful bidder.
QUARTER. Measures aimed at guaranteeing compliance with the remuneration levels established in the collective agreements applicable
In the determination of the price, care will be taken that in the estimation of the amount it contains the labor cost according to the corresponding sectorial collective agreement, (article 102 LCSP) taking into account the general market price, and will be included in the specifications that are in the price. including the contributions and salaries of the staff under their charge, as well as the production costs to give the service effective compliance in accordance with the market rules, and the following will be included as specific causes for termination of the contract:
o Not to pay any of the workers assigned to the execution of the contract the wages of the collective agreement that results from application, and / or to pay lower amounts than those that correspond according to the same, considering this fact when during 3 consecutive months the amount of the debt is equal to or greater than 25% of the salary or amount that corresponds to the workers.
o The non-payment to any of the workers assigned to the execution of the contract of all the salaries and amounts owed by the contractor company, when said non-payment is for a period equal to or greater than two months.
o The breach of the duty of affiliation and registration in the Social Security of the workers assigned to the execution of the contract.
o Non-payment of the corresponding fees to be paid by the contractor company to the Social Security.
o The proven existence of salary differences between men and women of the same professional category.
o That the contractor be convicted by a final judgment for violation of the fundamental rights of workers during the execution of the contract.
FIFTH. Other measures
- Respect for wage interlocution and other regulations regarding the freedom of association of the personnel assigned to the execution of the contract,
- The mandate of union representatives in case of transfer will not be extinguished.
- The legal provisions are included in terms of compliance with Royal Legislative Decree 1/2013, of November 29, which approves the Consolidated Text of the General Law on the rights of persons with disabilities and their social inclusion.
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- Tiebreak criteria. To break tiered Propositions, the following preferences are included:
1.- Public or private companies that, at the moment of proving their technical solvency, have a number of workers with disabilities higher than 2% in their workforce. If there is more than one in these circumstances, the one with the highest percentage of people with disabilities in their workforce will have preference.
2.-Insertion companies regulated in Law 44/2007, of December 13, for the regulation of insertion companies.
3.- The bidding companies that can accredit in their staff the salary equality between men and women in the performance of the same functions and professional categories.
4.- In the contracts relating to benefits of a social nature, preference may be given to offers submitted by non-profit associations.
5.- Companies that establish positive action measures to favor access to women in all professions.
On the other hand, the Local Entities may establish in their Terms and Conditions the obligation to carry out the necessary new hiring between persons who are in a legal situation of unemployment, or between collectives with particular difficulties of insertion.
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