as of 9 March 2010 Collective Labour Agreements on Temporary Agency Work Bargaining Association

Transcription

1 as of 9 March 2010 Collective Labour Agreements on Temporary Agency Work BZA/DGB Collective Bargaining Association

2 Collective labour agreement on temporary agency Work BZA/DGB Collective Bargaining Association of amended by revised collective labour agreements n of n of n of 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).

3 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 6 Overtime 8 7 Night work/sunday and public holiday work Supplementary pay 8 8 Assignment regulations 9 9 Establishment/termination of the employment relationship Sickness pay Leave Absences/leaves of absence Pay regulations Pay conversion Special annual payments Limitation periods Final provisions Entry into force and termination 17 1

4 Framework collective wage agreement 1 Scope of application 18 2 Categorisation principles 18 3 Pay groups 19 4 Entry into force and termination 20 collective pay agreement 1 Scope of application 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 7 Miscellaneous 23 8 Entry into force and termination 23 AppendiX to the collective PAY agreement Pay tables July Pay tables May Pay tables November Pay tables November

5 Collective Labour Agreement on Temporary Agency Work of amended by revised collective labour agreements n of n of n of between the n Bundesverband Zeitarbeit Personal-Dienstleistungen e.v. (BZA) (Federal Association for Temporary Agency Work and Staff Services) (BZA) Friedrichstraße 200, Berlin and the undersigned member unions of the DGB n Industriegewerkschaft Bergbau, Chemie, Energie (IG BCE) (Mining, chemical industry, energy) Königsworther Platz 6, Hannover n Gewerkschaft Nahrung Genuss Gaststätten (NGG) (Food, restaurants etc.) Haubachstraße 76, Hamburg n Industriegewerkschaft Metall (IG Metall) (Metal workers) Wilhelm-Leuschner-Straße 79, Frankfurt am Main n Gewerkschaft Erziehung und Wissenschaft (GEW) (Education and science) Reifenbergerstraße 21, Frankfurt am Main n Vereinte Dienstleistungsgewerkschaft (ver.di) (Services) Paula-Thiede-Ufer 10, Berlin n Industriegewerkschaft Bauen Agrar Umwelt (IG BAU) (Construction, agriculture and environment) Olof-Palme-Straße 19, Frankfurt am Main BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work n Gewerkschaft der Polizei (GdP) (Police) Stromstraße 4, Berlin 3

6 BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 1 Scope of application 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. 4

7 2 Length of working time/ full-time employment The individual regular working time shall amount to 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 Part-time employment Any worker whose individually agreed regular monthly working time is less than 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. BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 5

8 BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 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 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. 6 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.

9 4.5 Working time accounts shall as a rule be compensated by time 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. BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 7

10 BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 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. 6 overtime 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. 7 Night 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 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 hours. Section 9 paras. 2 and 3 of the Working Time Act shall apply. 8

11 Whether work is to be regarded as holiday work depends on the statutory regulations on public holidays applicable at the employment location. 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 hours. 7.4 Where several different categories of supplementary pay apply simultaneously, only the highest applicable supplementary rate shall be payable. 8 Assignment regulations 8.1 Insofar 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. BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 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

12 BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 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. 9 Establishment/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. 9.2 In 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

13 bationary period of two weeks pursuant to section 622, paragraph 3 of the Civil Code shall apply. 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. 10 Sickness 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]. 11 Leave 11.1 The employee is entitled to paid annual leave in each calendar year. The leave year is the calendar year The length of the annual leave shall depend on the length of the employee s uninterrupted employment with the same company. BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 2) Addendum to section 11.2 Section 5 No. 2 of the Posted Workers Act [Arbeitnehmer-Entsendegesetz] is unaffected. 11

14 BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work The annual leave shall amount to n 24 working days in the first year, n 25 working days in the second year, n 26 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 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. 12

15 11.4 When planning annual leave, client assignments that have already been confirmed shall be taken into account. Leave days that have already been approved cannot be used for assignments to the client business 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 In other respects the provisions of the Federal Leave Act shall apply. 12 Absences/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 In the case of foreseeable events the employee shall only be permitted to stay away from work with the employer s prior consent. BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 13

16 BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 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 Section 12.3 specifies the possible cases applicable under section 616 of the Civil Code. 13 Pay 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 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). 14

17 13.3 Where an employee is entitled to continued payment of 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 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. 14 Pay 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 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. BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 15

18 BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 15 Special annual payments 15.1 After 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 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 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. 16 3) Addendum to section 15.3 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.

19 16 Limitation periods 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 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 Entry 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 It can be terminated on six months notice, for the first time to 31 October BZA/DGB Collective Bargaining Association: Collective Labour Agreement on Temporary Agency Work 17

20 BZA/DGB Collective Bargaining Association: Framework Collective Wage Agreement for Temporary Agency Work 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 amended by revised collective labour agreements n of n of Scope 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. 2.2 Vocational qualifications that are not applied do not entitle the employee to a higher categorisation. 18

21 2.3 Temporarily performing work in a higher pay group does not 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. 3 Pay 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. BZA/DGB Collective Bargaining Association: Framework Collective Wage Agreement for Temporary Agency Work 19

22 BZA/DGB Collective Bargaining Association: Framework Collective Wage Agreement for Temporary Agency Work 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 Entry into force and termination 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 It can be terminated on six month s notice, for the first time to 31 December 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. 20

23 Collective Pay Agreement on Temporary Agency Work of amended by revised collective labour agreements n of n of n of Scope 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 Pay 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. 3 Pay tables In the Federal States of Berlin, Brandenburg, Mecklenburg- Vorpommern, 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

24 BZA/DGB Collective Bargaining Association: Collective Pay Agreement on Temporary Agency Work 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. 4¹ Supplementary 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 6 Obligation 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

25 7 Miscellaneous 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 Entry into force and termination 8.1 This collective pay agreement shall enter into force for the employers and employees bound by collective agreement on 1 January It can be terminated on six months notice, for the first time to 31 October 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. BZA/DGB Collective Bargaining Association: Collective Pay Agreement on Temporary Agency Work 2) Addendum to section 7.1 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

26 BZA/DGB Collective Bargaining Association: Appendix to the collective pay agreement Appendix to the collective pay agreement Pay table for Western Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0 % (> 12 months) Pay table for eastern Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0 % (> 12 months)

27 Pay table for Western Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0 % (> 12 months) Pay table for Eastern Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0 % (> 12 months) BZA/DGB Collective Bargaining Association: Appendix to the collective pay agreement 25

28 BZA/DGB Collective Bargaining Association: Appendix to the collective pay agreement Pay table for Western Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0% (> 12 months) Pay table for Eastern Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0 % (> 12 months)

29 Pay table for Western Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0 % (> 12 months) Pay table for Western Germany from Pay group Hourly rate 1.5 % (> 9 months) 3.0 % (> 12 months) BZA/DGB Collective Bargaining Association: Appendix to the collective pay agreement 27

30 28 Notes

31 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 Please note that this seal may only be used by BAP members.

32 Bundesarbeitgeberverband der Personaldienstleister e. V. (BAP) Federal Employers Association of Staffing Services Universitätsstraße 2 3a D Berlin, Germany info@personaldienstleister.de