ARTICLE 21. - FUNCTIONAL MOBILITY

Functional mobility within the company will be carried out, in accordance with the provisions of this Agreement, respecting, in all cases, the legal regime, guarantees and requirements established in the Statute of Workers.

Functional mobility within the same professional group cannot be carried out between radically different specialties, which require complex training processes of adaptation.

Within the professional group, the degree of requirements or performance of the functions performed at each moment will determine the level of remuneration that is applicable.

The functional mobility within the same professional group will not suppose reduction of the level of remuneration of origin.

Mobility for the performance of functions belonging to a higher professional group, as well as mobility for the performance of functions belonging to a lower professional group, will be regulated according to the provisions established in this regard in article 39 of the Workers' Statute.

When the company deems it necessary for a contracted person to carry out corresponding work at a higher level, this will receive, during the time in which it lends them, the salary corresponding to that level.

Those who perform functions of a higher level for six months at least in the period of one year, or for eight months at least, in a period of two years, will belong to the higher level corresponding to the functions performed. For these purposes, the computation must be daily, regardless of the number of hours of the day dedicated to higher level functions.

Mobility, when it involves changes between specialized technical management and management of general services, may be carried out provided that the new assigned functions are equivalent to those of provenance, understood equivalence in the terms established in article 22.3 of the Workers' Statute.

The worker may request the change of functions, both within a professional group and outside it. In these cases, the request must be reasoned, and the requirements established in this Agreement for the performance of the functions or position requested must be met. The company will give a reasoned response to the request within a month.

Functional mobility carried out by mutual agreement between the parties, shall respect the provisions of a general nature in this Agreement and in the applicable legislation.

Consequently, changes in functions other than those established in the previous sections will require the agreement of the parties or, failing that, the submission of the rules foreseen for the substantial modifications of the working conditions, in accordance with the provisions of article 41.1. f) of the Workers' Statute.

The payment of higher-level functions, when performed sporadically and paid by effective day, will be applied by dividing the difference between the monthly salary of both levels, between 30 and multiplied by 1.4.