ColleCtive labour agreements on temporary agenCy Work

Transcription

as of 9 March 2010
Collective Labour Agreements
on Temporary Agency Work
BZA /DGB Collective
Bargaining Association
Collective labour agreement
on temporary agency Work
BZA/DGB Collective
Bargaining Association
of 22.07.2003 amended by
revised collective labour agreements
n
of 22.12.2004
n
of 30.05.2006
n
of 09.03.2010
The Bundesverband Zeitarbeit Personal-Dienstleistungen e.v. (Federal Association for Temporary Agency Work and Staff Services – BZA) ceased to exist
in July 2011 when it merged with the Arbeitgeberverband Mittelständischer
Personaldienstleister e.v. (Employers’ Association of Medium-Sized Personnel Service Providers – AMP) to form the Bundesarbeitgeberverband der Personaldienstleister e.v. (Federal Employers’ Association of Staffing Services)
in accordance with the Umwandlungsgesetz (Reorganisation Act). All BZA’s
rights and duties have been transferred to BAP as its full legal successor. This
also applies to the temporary work collective bargaining agreements signed
by the BZA and the DGB-Tarifgemeinschaft Zeitarbeit (the German Confederation of Trade Unions’ temporary work wage negotiation body).
CONTENTS
General collective
labour agreement
§ 1
Scope of application
4
§ 2
Length of working time/full-time employment
5
§ 3
Part-time employment
5
§ 4
Distribution of working hours/flexible working hours
5
§ 5
Duty time/on-call time/standby time/rest periods
8
§ 6Overtime
§ 7
§ 8
8
Night work/Sunday and public holiday work
Supplementary pay
8
Assignment regulations
9
§ 9Establishment/termination
§ 10
of the employment relationship
10
Sickness pay
11
§ 11Leave
11
§ 12
Absences/leaves of absence
13
§ 13
Pay regulations
14
§ 14
Pay conversion
15
§ 15
Special annual payments
16
§ 16
Limitation periods
17
§ 17
Final provisions
17
§ 18
Entry into force and termination
17
1
Framework collective
wage agreement
§ 1
18
§ 2
Categorisation principles
18
§ 3
Pay groups
19
§ 4
20
collective pay agreement
§ 1
21
§ 2
Pay rates
21
§ 3
Pay tables
21
§ 4
Supplementary pay
22
§ 5
– deleted –22
§ 6
Obligation to negotiate
sector-specific supplementary pay
22
§ 7Miscellaneous
23
§ 8
23
AppendiX to the collective
PAY agreement
2
Pay tables July 2010
24
Pay tables May 2011
25
Pay tables November 2011
26
Pay tables November 2012
27
Collective Labour Agreement
of 22.07.2003
amended by revised collective labour agreements
n
of 22.12.2004
n
of 30.05.2006
n
of 09.03.2010
between the
n
Bundesverband Zeitarbeit
Personal-Dienstleistungen e.V. (BZA)
(Federal Association for Temporary Agency Work
and Staff Services) (BZA)
Friedrichstraße 200, 10117 Berlin
and the undersigned
member unions of the DGB
n
Industriegewerkschaft Bergbau, Chemie, Energie
(IG BCE) (Mining, chemical industry, energy)
Königsworther Platz 6, 30167 Hannover
n
Gewerkschaft Nahrung – Genuss – Gaststätten (NGG)
(Food, restaurants etc.)
Haubachstraße 76, 22765 Hamburg
n
Industriegewerkschaft Metall (IG Metall) (Metal workers)
Wilhelm-Leuschner-Straße 79, 60329 Frankfurt am Main
n
Gewerkschaft Erziehung und Wissenschaft (GEW)
(Education and science)
Reifenbergerstraße 21, 60489 Frankfurt am Main
n
Vereinte Dienstleistungsgewerkschaft (ver.di) (Services)
Paula-Thiede-Ufer 10, 10179 Berlin
n
Industriegewerkschaft Bauen – Agrar – Umwelt
(IG BAU) (Construction, agriculture and environment)
Olof-Palme-Straße 19, 60439 Frankfurt am Main
n
Gewerkschaft der Polizei (GdP) (Police)
Stromstraße 4, 10555 Berlin
BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work
3
4
§ 1
This collective labour agreement applies
§ 1.1 geographically:
to the Federal Republic of Germany
§ 1.2 professionally:
fto the member businesses of the Bundesverband Zeitarbeit
Personal-Dienstleistungen e. V. (including their auxiliary companies and subsidiaries) bound by collective agreement.
The collective labour agreement shall not apply to temporary
work agencies and/or parts of such agencies that constitute a
group with the client company within the meaning of section
18 of the German Stock Corporation Act [Aktiengesetz] if
a)the temporary work agency takes on workers previously
employed by the client company to a significant extent and
b)the workers concerned are assigned to their original or a
similar workplace in the client company and
c) valid collective wage agreements in place in the client company in favour of the workers concerned were thereby
circumvented to the detriment of the concerned workers;
§ 1.3 at employee level:
to workers (employees) who are assigned by a temporary work
agency (employer) to a user undertaking (client business) within the framework of the Temporary Employment Act [Arbeitnehmerüberlassungsgesetz: AÜG] and who are members of
one of the contracting trade unions.
Agreements deviating from the provisions of this collective labour agreement may be concluded on an individual basis with
employees not covered by the pay scale of the collective wage
agreement provided their annual income exceeds the collectively agreed annual income in the highest collectively agreed
pay group.
The use of the masculine form in this collective labour agreement is for convenience only and all references apply to both
genders.
Length of working time/
full-time employment
The individual regular working time shall amount to
151.67 hours per month; this corresponds to an average
weekly working time of 35 hours. In accordance with the provisions of section 4, these working hours must be completed
over an average of 12 calendar months.
In cases where an employee is on long-term assignment to
a company with longer working hours, the parties to the
employment contract can agree on a correspondingly longer
working time (max. 40 hours/week). The pay shall be adjusted
accordingly in this case.
The individual regular annual working time shall be calculated
on the basis of the monthly working time pursuant to sentence
1 multiplied by 12.
§ 3
Part-time employment
Any worker whose individually agreed regular monthly working time is less than 151.67 hours shall be deemed to be in parttime employment.
§ 4
Distribution of working hours/
flexible working time
§ 4.1 The actual timing of the working hours shall be adjusted to the
working hours of the client business. The beginning and end of
the daily working time, including breaks, and the distribution
of the working time over the individual days of the week shall
depend on the regulations and requirements of the client business.
Time taken for changing and washing and rest periods as
defined in the Working Time Act [Arbeitszeitgesetz] (e.g.
breakfast, lunch and coffee breaks) shall not be regarded as
working time unless differing regulations apply to the workers
within the user undertaking.
§ 2
5
6
§ 4.2 A working time account shall be set up to balance monthly differences between the employee’s individual regular working
hours agreed pursuant to sections 2/3 and the actual working
hours pursuant to section 4.1. Credit and debit hours can be
entered into this account.
§ 4.31 Credit hours are hours worked in excess of the individual regular monthly working time. Debit hours are hours short of the
individual regular monthly working time.
The working time account can have a maximum of 200 credit
hours.
In the case of seasonal differences the working time account
may contain up to 230 credit hours in exceptional cases in order to safeguard employment.
If the credit adds up to more than 150 hours, the employer is
obliged to secure the credit hours in excess of 150 hours, including the applicable social security contributions, against insolvency and to provide evidence to the employee that these
hours are insured against insolvency. Without this evidence,
in derogation from paragraphs 2 and 3, the working time account must not exceed 150 credit hours and the employee
shall not be obliged to work credit hours in excess of 150 hours.
§ 4.4 The working time account must be settled after a period of no
more than 12 months.
Where it is not possible to settle the account within this period
of time it shall be settled within the following three months.
For this purpose the employer must reach a corresponding
agreement with the employee concerned after no more than
twelve months with the aim of carrying out full settlement of
the account. Where such settlement is not possible for operational reasons within this period of time either, a maximum
of 150 hours can be transferred to the next settlement period.
Any hours in excess of this shall be compensated by monetary
payment.
The transfer of these credit hours shall take place within the
framework of the working time account limits pursuant to section 4.3 and shall not extend these limits.
1) Addendum to section 4.3:
The collective bargaining parties shall enter into negotiations at the beginning of 2005
on the basis of their experience gained up to that point in time as to whether the abovementioned restriction on hours should be dropped or re-imposed and whether a limit
on debit hours is necessary.
off in accordance with the following stipulations:
a) By agreement with the employee credit hours can always be
compensated by time off.
b) During his period of assignment with the client the employee is entitled to receive one working day off from his working time account for every 35 credit hours worked. This
entitlement can only be used once per calendar month for a
maximum of two working days.
This entitlement is subject to the employee giving one
week’s notice of his intention.
The employer is entitled to refuse the request for time off
for urgent operational reasons. The client company’s refusal
counts as an urgent operational reason in this sense insofar
as no replacement worker is available.
Where time off is refused the employee has the right to
a binding agreement on the subsequent timing of the
requested days off.
c) Based on an agreement between the employee and the employer, additional days off in one month can be arranged or
days off from several months can be combined.
d) By agreement between the employee and employer up to
70 hours from the working time account may be compensated by monetary payment within the settlement period.
Where the employee is unable to work due to sickness on an
agreed day off, this day remains a day off and shall not be treated as a day of continued remuneration; there shall be no recrediting of the day in question to the working time account.
§ 4.6 If the employee ceases to work for the company, the balance
on the working time account shall be settled as follows: credit hours shall be compensated; a maximum of 35 debit hours
shall be deducted in the case where the employee gave notice
or where extraordinary notice of termination was given, insofar
as there was no possibility for operational reasons for the worker to make up the missing hours.
§ 4.5 Working time accounts shall as a rule be compensated by time
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§ 5
Duty time/on-call time/
standby time/rest periods
Where the employee is assigned to client businesses with duty
time, on-call time or as atby time and where, in accordance
with section 7 of the Working Time Act, special operational or
collectively agreed regulations on working time and rest periods apply, these shall apply providing that the relevant provision fully applies to the employee.
§ 6overtime
Overtime means working hours that are worked additionally
and which are ordered in excess of the individual regular working time stipulated under sections 2 to 4 and which are not
based on the actual working time in the client business.
§ 7Night work/Sunday and public
holiday work/supplementary pay
§ 7.1
Full working hours which exceed the agreed individual regular
monthly working time of the employee pursuant to sections
2/3 by more than 15 % in one month shall entitle the worker to
supplementary pay.
The supplementary pay amounts to 25 % of the relevant hourly
wage pursuant to sections 2 to 4 of the collective pay agreement.
§ 7.2 Night work is work carried out between 23.00 and 6.00 hours.
The level of the supplementary pay for night work is based on
the client company’s supplementary pay regulations. It shall
amount to a maximum of 25% of the relevant collectively
agreed hourly pay pursuant to sections 2 to 4 of the collective
pay agreement.
§ 7.3 Sunday and public holiday work is work performed on undays
and statutory public holidays between 0.00 and 24.00 hours.
Section 9 paras. 2 and 3 of the Working Time Act shall apply.
8
The level of the supplementary pay for Sunday and public holiday work is based on the client company’s supplementary pay
regulations. It shall amount to a maximum of 50 % of the relevant collectively agreed hourly pay pursuant to sections 2 to 4
of the collective pay agreement for Sunday work and to a maximum of 100 % for public holiday work and also for work on
Christmas Eve and New Year’s Eve after 14.00 hours.
§ 7.4 Where several different categories of supplementary pay
apply simultaneously, only the highest applicable supplementary rate shall be payable.
§ 8Assignment regulations
§ 8.1Insofar as tasks are given to the employee in the client business,
he shall be subject to the right of the client business to give
instructions. The general right of the employer to give instructions is unaffected.
§ 8.2 The employee is obliged on the orders of the employer to
work at varying employment locations. Restrictive regulations
require express contractual agreement.
The employee is entitled to a notification of assignment providing him with essential information about his assignment within
the client business.
§ 8.3 If it takes more than 1.5 hours outside working hours to travel
one way from the subsidiary/branch office to the location of
assignment at the client business using the quickest form of
public transport, the employee shall receive the collectively
agreed pay pursuant to sections 2 to 4 of the collective pay
agreement for any travelling time in excess of 1.5 hours per
journey to and from the employment location, provided this
travelling time was actually expended.
Whether work is to be regarded as holiday work depends on
the statutory regulations on public holidays applicable at the
employment location.
§ 8.4 Where the travelling time within the meaning of section 8.3
exceeds two hours the employee shall be entitled to have his
overnight accommodation costs refunded as follows:
9
In principle the temporary work agency shall arrange the
accommodation and assume all costs. Where the organisation
of accommodation by the employee himself is necessary, the
costs shall be assumed and/or refunded by the employer following prior approval and presentation of a corresponding
receipt/invoice. Alternatively, a flat rate sum for overnight stays
amounting to the fiscal rates may be agreed.
§ 8.5 – deleted –
§ 8.6 – deleted –
§ 8.7 Other refunds for expenses pursuant to section 670 of the German Civil Code [Bürgerliches Gesetzbuch] must be regulated
by individual contract.
§ 9Establishment/termination of the
employment relationship
§ 9.1
The employment relationship must be established on the basis
of a written employment contract.
In the event of unexcused absence on the first working day the
employment contract shall be deemed not to have come into
existence.
§ 9.2In derogation from the first sentence of section 14, paragraph 2 of the Part-time and Fixed-term Employment Act
[Teilzeitgesetz- und Befristungsgesetz] the employment contract may be concluded as a fixed-term contract for a total
duration of up to two years, even in the absence of an objective
reason. Within this time frame the contract may be renewed
up to four times. The second and third sentences of section 14,
paragraph 2 of the Part-time and Fixed-term Employment Act
are unaffected.
§ 9.3 The first six months of the employment relationship shall be
regarded as a probationary period.
During the first three months of the probationary period the
employment relationship may be terminated on one week’s
notice. Thereafter, the statutory notice period during the pro-
10
In the case of newly recruited employees, the notice period
may be reduced by contractual agreement to one day during the first two weeks of employment. Employees who were
not employed by that employer during at least the last three
months shall be deemed to be newly recruited employees.
§ 9.4 Otherwise the notice periods stipulated in section 622, paragraphs 1 and 2 of the Civil Code shall apply to the termination
of the employment relationship by the employer or the employee.
Notice of termination must be given in writing (section 623
Civil Code).
§ 9.5 The statutory provisions concerning termination without
notice are unaffected.
§ 9.6 After notice has been given the employer shall be entitled to
dispense with the employee’s services while continuing his pay.
Credit hours from the working time account shall be taken
into account and remaining leave entitlement shall be granted.
§ 10Sickness pay
The continued payment of earnings in case of sickness and of
preventive health and rehabilitation measures shall be governed by the provisions of the Continued Payment of Wages
and Salaries Act [Entgeltfortzahlungsgesetz].
§ 11Leave
§ 11.1 The employee is entitled to paid annual leave in each calendar
year. The leave year is the calendar year.
§ 11.2 2The length of the annual leave shall depend on the length
bationary period of two weeks pursuant to section 622, paragraph 3 of the Civil Code shall apply.
of the employee’s uninterrupted employment with the same
company.
2) Addendum to section 11.2
Section 5 No. 2 of the Posted Workers’ Act [Arbeitnehmer-Entsendegesetz] is unaffected.
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The annual leave shall amount to
n
24 working days in the first year,
n25
working days in the second year,
n26
working days in the third year,
n
28 working days in the fourth year,
n
30 working days in the fifth year.
If the worker leaves the company within the first six
months of the employment relationship he shall acquire
leave entitlement in accordance with sections 3 to 5 of the
Federal Leave Act [Bundesurlaubsgesetz].
Where the employee’s individual regular weekly working
time is distributed over more or less than five working days
in the week, leave shall be increased or reduced accordingly.
Where a public holiday falls during the employee’s leave
the question as to whether this day is to be counted
as a leave day shall be decided in accordance with the statutory regulations on public holidays applicable at the
employer’s place of business; if the employee’s
assignment with the client company is interrupted for the purpose of the leave, this question shall be determined in accordance with the statutory regulations on public holidays applicable at the employment location.
In the year of commencement and in the year of termination of the employment the employee has a claim against the
employer to a twelfth of the annual leave to which he is entitled for each full month that he was employed.
The employee shall have no leave entitlement insofar as he
has already been granted leave by another employer or has
received compensation in lieu of leave not taken in the leave
year. The employee must present a corresponding certificate
from his last employer.
§ 11.3 If the leave cannot be granted in full or in part due to the termination of the employment relationship the employee shall be
compensated accordingly.
already been confirmed shall be taken into account. Leave days
that have already been approved cannot be used for assignments to the client business.
§ 11.5 When the employment relationship is terminated leave entitlement shall be granted and taken during the notice period.
Where this is not possible, compensation shall be paid in lieu of
outas ating leave.
§ 11.6In other respects the provisions of the Federal Leave Act shall
apply.
§ 12Absences/leaves of absence
§ 12.1 If the employee is prevented from performing his work due
to sickness or other unforeseeable events he shall notify the
employer immediately, preferably by telephone, informing the
employer of his inability to work or other reasons keeping him
from work and the anticipated period of his absence. The same
obligation shall apply if he has to stay away from work longer
than he originally told the employer.
In the case of inability to work due to sickness, in terms
of the second sentence of section 5.1 of the Continued
Payment of Wages and Salaries Act [Entgeltfortzahlungsgesetz] the employee is obliged to submit a medical certificate to the employer regarding his inability to work and
the anticipated duration. The employer shall be entitled to
request the medical certificate earlier. Where the inability to
work lasts longer than the period stated in the medical certificate, the employee shall be obliged to submit a medical certificate again. In the case of absence due to sickness the employer
must be notified as to when the employee is going to resume
work as early as possible, but in any event no later than one day
prior to resumption of work.
§ 12.2In the case of foreseeable events the employee shall only be
permitted to stay away from work with the employer’s prior
consent.
§ 11.4 When planning annual leave, client assignments that have
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§ 12.3 Paid leaves of absence will be granted in the case of the following events that fall on a regular working day for the employee:
a) in the case of the death of a close family member
spouse, children, parents and registered life partners:
2 days
siblings; parents-in-law: 1 day
b)for the employee’s own wedding or registration of his own
life partnership, and when the employee’s wife or registered
life partner is giving birth:
1 day
c) attending to official public duties (e.g. arising from honorary posts, being summoned as a witness or comparable situations); the compensation received for this shall be deducted from the employee’s pay: release from work for the necessary time
d)moving house at the employer’s request:
1 day
The amount of the employment earnings due for continued
payment shall be calculated in accordance with section 13.3.
§ 12.4 Section 12.3 specifies the possible cases applicable under section 616 of the Civil Code.
§ 13Pay regulations
§ 13.1 Employees shall receive monthly pay on the basis of their individually agreed regular working time which shall be payable by
no later than the 15th banking day of the subsequent month,
normally by credit transfer.
§ 13.2 The monthly pay is composed of the current month’s fixed pay
components (the relevant collectively agreed pay pursuant to
sections 2 to 4 of the collective pay agreement) and variable
pay components (e.g. supplementary pay and other fluctuating earnings).
employment earnings (e.g. in the case of sickness) the fixed
pay components shall continue to be paid pursuant to paragraph 2. In relation to holiday pay, the supplementary pay for
Sunday work, public holiday work and night work shall be payable in addition, provided the employee would have been entitled to them had he not been on holiday.
§ 13.4 Where there is a pro rata entitlement to pay for a certain month
(e.g. in the case of commencement or termination of employment in the course of the month) or where the monthly pay is
to be reduced for other reasons (e.g. unpaid downtime) the
pay entitlement shall be determined on the basis of the ratio
which the employee’s regular working hours to be taken into
account in the month bear to the regular working hours for the
whole month.
§ 14Pay conversion
Employees are entitled to convert collectively agreed pay components into pension commitments for the purpose of occupational old-age provision.
They have the right to demand that their future earnings up to
a maximum of 4 % of the relevant ceiling for the assessment
of contributions to the statutory pension fund are used for an
occupational old-age pension. Any such conversion of earnings must not amount to less than 1/160 of the reference value
as defined in section 18 paragraph 1 of the Fourth Book of the
German Social Security Code [Sozialgesetzbuch].
The details shall be the subject of written agreement between
the employer and the employee.
In accordance with the new statutory regulations on occupational old-age pension schemes, with effect from the seventh month of employment, for the first time with effect from
1 July 2005, employees shall have entitlement to a monthly
amount of 13.30. This amount is payable exclusively in respect
of the occupational old-age pension scheme (direct insurance,
pension insurance scheme [Pensionskasse] or pension fund),
insofar as the employee wishes this.
§ 13.3Where an employee is entitled to continued payment of
15
§ 15Special annual payments
§ 15.1After the sixth month of uninterrupted employment the
employee is entitled to special annual payments in the form of
holiday and Christmas pay.
The holiday pay shall be paid together with the pay for the
month of June in each year; the Christmas pay shall be paid
together with the pay for the month of November in each year.
The holiday and Christmas pay shall increase as the length of
employment increases. The length of employment shall be calculated on 30 June and 30 November.
§ 15.2 Depending on the length of uninterrupted employment the
amount of the holiday and Christmas bonuses shall be as follows:
n
150 euros gross after the sixth month,
n
200 euros gross in the third and fourth year,
n
300 euros gross with effect from the fifth year.
Part-time employees shall receive the special payments on a
pro rata basis in line with the agreed individual regular monthly working time.
§ 15.33 For entitlement to the special payments an employment relationship in respect of which no notice has been given must be
in existence at the date of payment.
Entitled employees whose employment relationship is suspended during the calendar year shall not receive these payments. If the employment relationship is partially suspended
during the calendar year the employee shall receive a pro rata
payment.
Employees who leave the company by 31 March of the following year must repay the Christmas bonus. This shall not apply
in the case of termination by the employer for operational reasons.
For the purpose of calculating the length of uninterrupted employment, periods during
which the employment relationship is suspended shall be disregarded. Excluded from
this are occupational diseases and accidents at work for periods of up to 12 months after
the end of the period of sickness pay.
16
Claims arising out of the employment relationship must be
made in writing within two months (in the case of an employee ceasing to work for the company), within one month) of
becoming due.
If the opposing party rejects the claim in writing the claim
must be asserted in court within one month of the rejection or
expiry of the time limit.
Claims not asserted within these time limits shall be excluded.
§ 17 Final provisions
§ 17.1 Employees shall not be assigned to companies that are directly
affected by lawful industrial action. Section 11.5 of the Temporary Employment Act shall apply accordingly. In exceptional
cases there may be assignment to provide an agreed emergency service for the client business.
Where employees are indirectly affected by industrial action
measures short-time work may be requested. The parties to
the collective agreement undertake to support the relevant
implementation of short-time work. All necessary capabilities
must be utilised in this regard.
§ 17.2 The calculation of the uninterrupted existence of an employment relationship within the meaning of this collective labour
agreement shall start with effect from 1 January 2002.
§ 18Entry into force and termination
§ 18.1 This general collective labour agreement shall enter into force
for the employers and employees bound by collective agreement on 1 January 2004.
It can be terminated on six months’ notice, for the first time to
31 October 2013.
§ 16Limitation periods
17
BZA/DGB Collective Bargaining Association: Framework Collective Wage Agreement for Temporary Agency Work
18
§ 18.2 This general collective labour agreement shall enter into force
upon its signature insofar as it can already be made applicable
by individual written contractual agreement with the employee as of that date (section 19 of the Temporary Employment
Act).
If the Temporary Employment Act is fundamentally amended
after the entry into force of the general collective labour agreement, in derogation from section 18.1, paragraph 2 both
parties to the collective agreement shall have an extraordinary right to terminate the agreement on giving one month’s
notice to the end of a month.
Framework Collective
Wage Agreement for
Temporary Agency Work
of 22.07.2003
n
of 30.05.2006
n
of 09.03.2010
§ 1Scope of application
This collective agreement applies to the members of the collective agreement parties that fall within the scope of application
(section 1) of the general collective labour agreement.
§ 2
Categorisation principles
§ 2.1 Employees shall be categorised in a pay group on the basis
of the activities predominately performed by them. Only the
actually performed work is relevant for this categorisation.
§ 2.2Vocational qualifications that are not applied do not entitle the
employee to a higher categorisation.
justify a review of the assigned pay group. Insofar as work of a
higher pay group is assigned temporarily, an allowance in the
amount of the difference between the collective pay of the
lower pay group and the pay foreseen for this work shall be
payable as of week six.
§ 2.4 Employees can be obliged to temporarily perform work in a
lower pay group. In this case his pay shall remain unchanged.
§ 3Pay groups
Employees shall be categorised according to their actual, predominant activities in one of the subsequent pay groups. The
respective job descriptions are relevant for the categorisation.
Pay group 1
Work that does not require on-the-job training, or that only
requires brief on-the-job training.
Pay group 2
Work requiring on-the-job training beyond the training on the
job required in pay group 1 and a job familiarisation.
Pay group 3
Work requiring knowledge and skills which are provided by
vocational training. The knowledge and skills may also have
been acquired by several years of work experience in pay
group 2.
Pay group 4
Work requiring knowledge and skills which are provided by a
vocational training course lasting at least three years as well as
several years of work experience.
Pay group 5
Work requiring knowledge and skills which are provided by a
vocational training course lasting at least three years. In addition special skills are required that are provided by additional
training as well as many years of work experience.
§ 2.3 Temporarily performing work in a higher pay group does not
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Pay group 6
Work requiring a master craftsman and/or technician training
or comparable qualifications.
Pay group 7
Work requiring several years of work experience in addition to
the characteristics of pay group 6.
Pay group 8
Work requiring a degree from a university for applied sciences
(Fachhochschule).
Pay group 9
Work requiring a degree from a university, or work requiring a
degree from a university for applied sciences (Fachhochschule)
plus several years of work experience.
§ 4.1 This framework collective wage agreement for temporary
workers shall enter into force for the employers and employees
bound by collective agreement on 1 January 2004.
It can be terminated on six month’s notice, for the first time to
31 December 2008.
§ 4.2 This framework collective wage agreement for temporary
agency workers shall enter into force upon its signature insofar
as it can already be made applicable by individual contractual
agreement with the employee as of that date (section 19 of the
Temporary Employment Act).
If the Temporary Employment Act is fundamentally amended after the entry into force of the framework collective wage
agreement in derogation from section 4.1. paragraph 2 both
parties to the collective agreement shall have an extraordinary
right to terminate the agreement on giving one month’s notice
to the end of a month.
Collective Pay Agreement
of 22.07.2003
n
of 22.12.2004
n
of 30.05.2006
n
of 09.03.2010
§ 1Scope of application
This collective agreement applies to the members of the collective agreement parties that fall within the scope of application
(section 1) of the general collective labour agreement.
§ 2Pay rates
The hourly rates and supplementary pay shown in the appendix shall be payable. Entitlement to payment of the supplementary pay is specified in section 4 of this collective agreement.
§ 3Pay tables
In the Federal States of Berlin, Brandenburg, MecklenburgVorpommern, Saxony, Saxony-Anhalt and Thuringia the hourly pay rates shall be paid in accordance with the pay tables for
Eastern Germany shown in the Appendix.
In the other Federal States the hourly pay rates shall be paid
in accordance with pay tables for Western Germany shown in
the Appendix.
BZA/DGB Collective Bargaining Association: Collective Pay Agreement on Temporary Agency Work
21
The remuneration payable at the place of employment is
applicable (client company). Workers employed away from
home shall, however, retain entitlement to the remuneration
payable in their place of recruitment, insofar as this is higher.
§ 4¹Supplementary pay
In the case of uninterrupted assignment to the same client,
assignment-related supplementary pay shall be due as follows:
n
1.5 % on completion of 9 calendar months
n
3.0 % on completion of 12 calendar months
If the assignment is interrupted for a period of up to 3 months
the assignment-related supplementary pay shall become due
after the interruption, taking account of the previous assignment periods.
The tables shown in the Appendix shall be applicable.
§ 5
– deleted –
§ 6Obligation to negotiate
the sector supplementary pay
Taking into account the particularly difficult economic situation
for temporary work agencies at the time of conclusion of this
collective agreement, the parties to the collective agreement
agree to enter into new negotiations after 1 October 2005, taking the economic situation of the temporary work sector into
account.
1) Addendum to section 4
The relevant period of assignment for calculating the supplementary pay commences
upon the entry into force or earlier applicability of the collective pay agreement pursuant to section 8.
22
§ 7.1² Differing agreement may be reached between the parties to
the collective agreement and the client company employer on
the remuneration of working time in this client company (tripartite agreement) if this is more favourable to the employees
of the temporary work agency working at the client company.
§ 7.2 The minimum wages applicable in accordance with section 5
No. 1 of the Posted Workers’ Act shall be the minimum payable
for each hour actually worked.
§ 8.1 This collective pay agreement shall enter into force for the
employers and employees bound by collective agreement on
1 January 2004.
It can be terminated on six months’ notice, for the first time to
31 October 2013.
§ 8.2 This collective wage agreement shall enter into force upon its
signature insofar as it can already be made applicable by individual written contractual agreement with the employee as of
that date (section 19 of the Temporary Employment Act).
If the Temporary Employment Act is fundamentally amended
after the entry into force of the collective pay agreement, in
derogation from section 8.1, paragraph 2 both parties to the
collective agreement shall have an extraordinary right to terminate the agreement on giving one month’s notice to the end
of a month.
§ 7Miscellaneous
A party to the collective agreement in the sense intended here is, for the trade unions,
the appropriate DGB member union for the client company concerned.
23
BZA/DGB Collective Bargaining Association: Appendix to the collective pay agreement
24
Appendix to the
collective pay agreement
Pay table for Western Germany
from 01.07.2010
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
7.60
8.22
9.60
10.16
11.48
12.90
15.07
16.20
17.11
1.5 %
3.0 %
(> 9 months)
(> 12 months)
7.71
8.34
9.75
10.31
11.65
13.09
15.29
16.44
17.36
7.83
8.46
9.89
10.46
11.82
13.29
15.52
16.69
17.62
Pay table for eastern Germany
from 01.07.2010
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
6.65
7.15
8.35
8.84
9.98
11.22
13.10
14.09
14.88
1.5 %
3.0 %
(> 9 months)
(> 12 months)
6.75
7.26
8.48
8.97
10.13
11.39
13.30
14.30
15.10
6.85
7.36
8.60
9.10
10.28
11.56
13.50
14.51
15.33
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
7.79
8.42
9.84
10.41
11.77
13.22
15.44
16.61
17.53
1.5 %
3.0 %
(> 9 months)
(> 12 months)
7.91
8.55
9.99
10.57
11.94
13.42
15.67
16.85
17.80
8.02
8.68
10.14
10.72
12.12
13.62
15.91
17.10
18.06
Pay table for Eastern Germany
from 01.05.2011
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
6.89
7.33
8.56
9.06
10.23
11.50
13.43
14.44
15.25
1.5 %
3.0 %
(> 9 months)
(> 12 months)
6.99
7.44
8.69
9.19
10.39
11.67
13.63
14.66
15.48
7.10
7.55
8.82
9.33
10.54
11.85
13.84
14.88
15.71
from 01.05.2011
25
26
from 01.11.2011
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
7.89
8.53
9.97
10.54
11.92
13.39
15.64
16.82
17.76
1.5 %
3.0 %
(> 9 months)
(> 12 months)
8.01
8.66
10.12
10.70
12.09
13.59
15.87
17.07
18.03
8.13
8.79
10.27
10.86
12.27
13.79
16.11
17.32
18.29
Pay table for Eastern Germany
from 01.11.2011
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
7.01
7.46
8.71
9.22
10.42
11.71
13.67
14.70
15.52
1.5 %
3.0 %
(> 9 months)
(> 12 months)
7.12
7.57
8.85
9.36
10.57
11.88
13.88
14.92
15.76
7.22
7.68
8.98
9.49
10.73
12.06
14.08
15.14
15.99
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
8.19
8.74
10.22
10.81
12.21
13.73
16.03
17.24
18.20
1.5 %
3.0 %
(> 9 months)
(> 12 months)
8.31
8.88
10.37
10.97
12.40
13.93
16.27
17.50
18.48
8.44
9.01
10.52
11.13
12.58
14.14
16.51
17.76
18.75
from 01.11.2012
Pay group
1
2
3
4
5
6
7
8
9
Hourly rate
7.50
7.64
8.93
9.45
10.68
12.00
14.01
15.07
15.91
1.5 %
3.0 %
(> 9 months)
(> 12 months)
7.61
7.76
9.07
9.59
10.84
12.18
14.22
15.29
16.15
7.73
7.87
9.20
9.73
11.00
12.30
14.43
15.52
16.39
from 01.11.2012
27
Notes
28
With this seal, member companies can show
that they have adopted the BZA/DGB collective
bargaining agreements.
The seal is available on the BAP website in
various file formats for websites and printed
documents � www.personaldienstleister.de
Please note that this seal may only be used by
BAP members.
Bundesarbeitgeberverband der
Personaldienstleister e. V. (BAP)
Federal Employers’ Association
of Staffing Services
Universitätsstraße 2–3a
D-10117 Berlin, Germany
info@personaldienstleister.de
www.personaldienstleister.de

ColleCtive labour agreements on temporary agenCy Work

Transcription

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