Page 124 - MEDIASET ESPAÑA / 2012. Corporate Responsibility Report

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The persons not covered by the Collective Agreement
applicable to the company in which they work are
executives or special groups, for example artists who are
expressly excluded from their scope of application.
Freedom of association, trade union freedom and free
collective bargaining are fundamental freedoms and as
such are recognised and respected in all of the companies
of Mediaset España.
No situations were detected in 2012 in which the rights
of freedom of association or to invoke Collective Agree-
ments were at risk.
The relevant procedures in situations of significant organi-
sational change are governed by the provisions of the
Statute of Workers Act which contains the applicable
information and consultation procedures. The Company
Collective Agreement of Mediaset España also lays down
certain specifications on time-limits affecting staff as follows:
• Notice of employee of voluntary departure from the
company: 15 days.
• Request by employee for voluntary leave and for
subsequent re-admittance: 45 days.
• Setting of holiday schedule: by the works committee
and company management in the first four months of
the year.
• Trial periods for new employees: 6 months for qualified
skilled staff, 3 months for others and 15 days for
unskilled staff.
• Procedure for internal recruitment advertisement
to cover newly created posts: notice to committee
2 working days prior to the date of the internal
advertisement. Time for presentation of candidates: 5
days minimum.
• Imposing of penalties for serious and very serious
infringements: compulsory prior holding of contested
proceedings notified to the interested party and to
employees’ representatives.
• Planning of shifts: at least a month in advance, being
notified to the interested parties with at least 2 weeks
prior notice.
• Session times (which basically affects staff assigned
to the stage, studios, production, filming and artistic
services): changes to times must normally be notified to
the employee at least 12 hours prior to the beginning
of the session.
• Reserve of 25 hours paid time off: available following
notice to immediate superior and account being given
of time used.
• Period of prior notice for the termination of the
Collective Agreement: a minimum of 2 months prior to
the end of its time in force or of any extension of that
time. Otherwise to be deemed impliedly extended.
The compensation provided for by law on termination of
the employment relation is applicable, with the exceptions
negotiated at executive level where special terms of
compensation on extinction of the employment contract
are contained in the contract itself.
Image rights and intellectual property of artistic staff are
dealt with by Mediaset España by the inclusion of specific
clauses of assignment of renounceable intellectual prop-
erty and image rights in their employment contracts.
Moreover certain professionals whose work may be
considered by Mediaset España to be of a confidential
or exclusive nature, such as artists or certain executives,
have specific clauses in their employment contracts which
ensure such exclusivity or confidentiality.
The participation of minors in public entertainment takes
place in accordance with the criteria and procedures laid
down by the Department of Employment of the Regional
Authority of Madrid.Times of recordings involving minors
are also co-ordinated with class times to allow for the
educational needs of the minors in question, at the same
time ensuring the attendance of the minor’s legal guardian
at the recording.