Posting agreement. for salaried employees Technical areas

Transcription

1 Posting agreement for salaried employees Technical areas

2 Table of Contents Posting agreement for salaried employees Technical areas... 3 Section 1 Scope of application of the Agreement and period of validity... 3 Section 2 Definitions etc Section 3 Rules for information and contact... 3 Section 4 Salary... 4 Section 5 Annual leave... 5 Section 6 Overtime compensation... 6 Section 7 Compensation for altered working hours... 9 Section 8 Compensation for on-call hours Section 9 Compensation for travelling time Section 10 Travelling costs and accommodation Section 11 Working hours for salaried employees Section 12 Work environment Section 13 Negotiation procedure Section 14 Forum and conflict of law issues Appendix A (contractual agreement) Posting agreement Technical areas

3 Posting agreement for salaried employees Technical areas Disclaimer. This is an English translation of Utstationeringsavtal för tjänstemän Teknik. In case of dispute regarding the proper interpretation of these provisions only the Swedish language version will apply. Section 1 Scope of application of the Agreement and period of validity The Agreement applies between Unionen and the employer with whom the Agreement has been reached, in accordance with Appendix A (contractual agreement). The Agreement is applicable in the case of posting under the Posting of Workers Act, with the exception of when employers who hire out labour or make labour available send employees to a user undertaking that is established in Sweden or is operating in Sweden (cf. Section 3 third item, Posting of Workers Act). The Agreement is applicable to salaried employees employed in activities relating to development, manufacture and sale of data, telecommunications, electronics, instruments, electrical machines, electrical equipment, generators, transformers, machinery, metal goods, motor vehicles and other means of transport. The area corresponds to the area for which collective agreements are normally concluded with Teknikarbetsgivarna. The Agreement is valid until further notice with a mutual period of notice of three months. Valid termination must take place in writing. Section 2 Definitions etc. Posting of Workers Act - Law 1999:678 concerning posting of workers. The union is used throughout the text, referring in the first instance to Unionen's regional offices in the area where operations are in progress. For information about which office is applicable, see If a Unionen association has been formed at the place of work, it is this association that is referred to in the first instance. The Agreement has its basis in the terms and conditions in Teknikavtalet reached between Unionen and Teknikarbetsgivarna, and has been adapted to the rules of the Posting of Workers Act. The current Teknikavtalet expires the 31 March In connection with the expiry of Teknikavtalet, the current agreement will also be adapted to the new conditions that are negotiated. Unionen therefore has the right, irrespective of what is stated below, to change the current conditions in order to adapt this Agreement to the requirements laid down in the Posting of Workers Act, based on Teknikavtalet applicable at any point in time. The union will keep the relevant employers up-to-date on the current conditions in conjunction with renegotiations of Teknikavtalet. Section 3 Rules for information and contact The employer shall designate a contact person who has the same powers that follow from Article 11 in the Posting of Workers Act (receiving notifications including negotiation requests, providing documents showing that the contractual terms are met) and who, in addition, is authorised to make agreements on behalf of their employer with the association in matters concerning collective bargaining and employees who per- 3

4 form work within the scope of the agreement. The employer undertakes to give the union prompt access to written power of attorney documents on behalf of the contact person, as well as continuously providing current contact details of the contact (home address, phone number, address, fax number). The employer shall provide the union with current information regarding the number of employees who are affected by posting and the estimated length of the employer's commission. The employer shall provide the union with information on the content of the employment contracts concluded with posted employees in the contract area, with respect to the conditions that are covered by the Agreement. The employer undertakes to inform the employees concerned about the conditions of employment in accordance with the national rules in the home country law that implements Directive 91/533/EU. In addition, the employer shall assist in providing the union with information requested for questions relating to the application of the Agreement for the employees concerned. The purpose of the rules is that Unionen shall be able to ensure that the rules in the Agreement are fully observed in relation to the posted employees and the union. Section 4 Salary Subsection 4:1 Salary Each employee shall have an individually determined salary. For full-time employees within the age range specified below, the salary per month shall be at least the specified amount. From April 2014 to March 2015 incl. From April 2015 incl. < 25 - SEK SEK SEK SEK SEK SEK > 35 - SEK SEK If the employee concerned has no previous experience in the profession, an exception may be made from the above specified conditions for a maximum period of twelve months. The salary is to be paid regularly on the same pre-specified date each month. The starting-point is that the salary is determined with regard to the responsibility involved and the difficulty of the tasks, and the employee's way of meeting these requirements. Discriminatory or other objectively unjustified differences in salary or other conditions of employment between employees must not occur. Note See Section 2 above concerning salary review during the time period from April Subsection 4:2 Supplements In addition to the agreed monthly salary in accordance with subsection 4:1, an amount of 3.8 % shall be allocated each month, calculated on the monthly salary. The amount shall be paid together with the salary in conjunction with the usual salary payment. The allocation corresponds to the allocation to the time bank which takes place under Teknikavtalet, Working Hours Agreement, Section 2, subsection 1:3 and Section 6, subsections

5 Example: the employee has an agreed monthly salary of SEK paid on the 25th of each month x 3.8 % = SEK 988. SEK 988 is paid in addition to the agreed salary on the 25th each month. Section 5 Annual leave Subsection 5 General rules Pursuant to Section 5 in the Posting of Workers Act, the employer is obliged to apply Sections 2-2-a, 5, 7, b, 24, 28, 29 a, 31 and 32 of the Annual Leave Act (1977:480). Instead of Sections b and 29 in the Annual Leave Act, the rules in subsection 5:2-4 below shall apply. Subsection 5:1 Extra leave days etc. By agreement between the employer and the salaried employee, pursuant to Section 6 subsection 6:1, a salaried employee may be allowed three or five days of leave in addition to the statutory annual leave. Note By leave days is meant both paid and unpaid days of annual leave. For salaried employees with more than 25 days of annual leave, the number of days with pay is determined according to the principles set out in Section 7 of the Annual Leave Act. Subsection 5:2 Holiday pay Holiday pay consists of the current monthly salary during the holiday period and holiday supplements as described below. For salaried employees who receive a weekly salary, the monthly salary shall be calculated as 4.3 x the weekly salary. Holiday supplements for each paid day of annual leave comprises 0.8 % of the salaried employee's current monthly salary at the time of annual leave. Monthly salary in this context refers to fixed cash salary per month and any fixed salary supplements per month (such as fixed shifts, on-call work, overtime and travel supplements, guaranteed minimum commission, and the like). Regarding changed hours of employment - see subsection 5: % of the sum of the variable salary components that was paid during the qualification year. Variable salary component in this context refers to: commission, profit-sharing payment, bonus, or similar variable salary components salary incentive shift or on-call compensation and compensation for altered working hours or similar variable salary component in so far as it is not included in the monthly salary. To "the sum of variable salary components that have been paid during the qualification year", for each calendar day (full or part) with absence qualifying for holiday pay shall be added an average daily income of variable salary components. This average daily income is calculated by dividing the paid variable salary component during the qualification year by the number of days employed (as defined under Section 7, Annual 5

6 Leave Act) excluding days of annual leave and whole calendar days with absence qualifying for holiday pay during the qualification year. As regards compensation for shift, on-call and altered working hours or similar, such compensation shall not be included in the above average calculation if the salaried employee received such compensation for a maximum of 60 calendar days during the qualifying year. Notes 1) Holiday supplement of 0.5 % assumes that the salaried employee has earned paid annual leave in full. If this is not the case, the holiday supplement shall be adjusted upwards by 0.5 % multiplied by the number of days the salaried employee is entitled to by law and divided by the number of paid days of leave that the salaried employee has earned. 2) Commission, profit-sharing payment, bonus and similar refer to such variable salary components that are directly related to the salaried employee's personal work. 3) Concerning overtime pay, compensation per excess hour for part-time employment (extra hours compensation) and travel time compensation, the divisors in Section 6 subsections 6:9 and 6:10 and Section 9 subsection 9:3 have been adjusted down so that they include holiday pay. Subsection 5:3 Holiday compensation Holiday compensation is calculated as 4.6 % of the current monthly salary per unused paid leave day, plus holiday supplement calculated as in subsection 5:2. Holiday compensation for saved days of annual leave is calculated as if the saved day was taken during the leave year in which the employment ceased. Regarding changed hours of employment - see subsection 5:4. Subsection 5:4 If during the qualification year the salaried employee has had a different degree of employment than at the time of annual leave, the current monthly salary at the time of the leave shall be in proportion to his share of full regular working hours at the workplace during the qualification year. If the degree of employment has changed during a current calendar month, the degree of employment that applied to the majority of the calendar days in the month shall be used for this calculation. Regarding the concept of monthly salary - see subsection 5:2. Section 6 Overtime compensation Subsection 6:1 The right to special overtime compensation Salaried employees have the right to special overtime compensation unless another agreement has been made in accordance with this subsection, second and third paragraphs. The employer and the employee may reach an agreement that special compensation for overtime is not payable, but that overtime work is compensated with a higher salary and/or five or three extra days of holiday in addition to the statutory holiday. Such agreements shall apply to employees in managerial positions or employees who have uncontrollable working hours or freedom to organise their working hours. In 6

7 other cases, special reasons must exist. The Agreement shall relate to a period of one leave year unless the employer and the employee agree otherwise. If the employer and the employee expressly agree that the employee shall carry out preparation and completion work of not less than 12 minutes daily and the salary has not been determined or is determined in the light of this situation, the employee shall be compensated for this condition by receiving three extra days of holiday in addition to the statutory holiday. The union is to be informed if an agreement has been reached with an employee to replace overtime compensation as stated above. Note If an employee, after agreement under this subsection second paragraph, finds that the hours worked deviate significantly from the conditions on which the agreement is based, the employee shall discuss this with the employer. The same applies to an employee who suffers health problems that can clearly be linked to how much the employee works. In the latter case, the employee shall be offered a medical examination in conjunction with the discussions. By uncontrollable working hours is meant that there are no practical methods of registering working hours in a suitable way, e.g. because the employee to a considerable degree performs work outside the employer's normal place of work or at different locations. Examples of this are when work is carried out at home or salesman work. Subsection 6:2 Conditions for special overtime compensation Overtime work which entails the right to overtime compensation refers to work that the employee has performed in addition to the daily working hours applicable to her or him, if overtime work was ordered in advance, or where it was not possible to order overtime work in advance - the overtime work was approved afterwards by the employer. For part-time work, see subsections 6: Subsection 6:3 Overtime work does not include time required to carry out normal preparation and completion work necessary for the employee's position. Subsection 6:4 When calculating the amount of overtime work performed, only full half hours are included. If overtime work was carried out both before and after regular working hours on a certain day, both overtime periods shall be added together. Subsection 6:5 If an employee is ordered to perform overtime work during hours that are not a direct continuation of regular working hours, overtime compensation is paid as if the overtime work had been carried out for at least three hours. This does not apply if overtime work is only separated from regular working hours by a meal break. 7

8 Subsection 6:6 If the employee is present for overtime work in accordance with subsection 6:2 and he or she must pay travel expenses, the employer shall compensate such an outlay. This is also the case for an employee who, according to subsection 6:1, does not have the right to special compensation for overtime work. Subsection 6:7 If the regular daily working hours during a certain part of the year (e.g. summer) are shortened without any corresponding prolongation at some other time of the year, the following applies. The calculation of overtime work that was carried out during the period of the year during which the shorter working hours applied shall be made on the basis of the longer daily working hours (that apply for the rest of the year). Subsection 6:8 Overtime work is compensated either in the form of money (overtime compensation) or - if the employee so wishes and the employer, after consultation with the employee, finds that this can be carried out without inconvenience to company operations - in the form of free time (compensatory leave). When the employer and the employee consult on this, consideration should be given, as far as possible, to the wishes of the employee regarding when compensatory leave will be taken. Subsection 6:9 Overtime compensation per hour is paid as follows: (a) for overtime work between and Mondays-Fridays without public holidays monthly salary 94 (b) for overtime work at other hours monthly salary 72 Regarding holiday pay, see Section 5 subsection 5:2, note 3. Note Overtime working on weekdays when the individual employee would not have worked, and on Midsummer, Christmas Eve and New Year's Eve is equivalent to overtime work at "other hours". Where a salaried employee in production is ordered to follow the schedule for collective production overtime, the divisor 94 is replaced with the divisor 87 for such overtime that takes place on Mondays-Fridays without public holidays and the divisor 72 is replaced with the divisor 68 for such overtime at other hours. Monthly salary in this subsection refers to the employee's current fixed cash monthly salary. (For salaried employees paid a weekly salary, the monthly salary shall be calculated as 4.3 x the weekly salary.) Compensatory leave for overtime work referred to in (a), shall be provided at a rate of 1 1/2 hours and for overtime work as referred to in (b) at 2 hours for each hour of overtime. 8

9 Subsection 6:10 Excess hours in connection with part-time work (extra hours) If a part-time salaried employee has performed work in addition to the regular daily working hours for his part-time employment (extra hours), compensation for each excess hour is paid as monthly salary 3.5 x weekly working hours Regarding holiday pay, see Section 5 subsection 5:2, note 3. Monthly salary here refers to the salaried employee's current fixed cash monthly salary. Weekly working hours here refers to the part-time employee's working hours per week without public holidays, calculated as an average per month. When calculating the number of extra working hours, only full half hours are included. If extra work has been carried out both before and after the part-time employee's ordinary working hours on a certain day, the two periods are added together. Subsection 6:11 If extra work is carried out before or after the time that applies regarding the regular daily working time for full-time employment in a corresponding position in the company, overtime compensation is paid in accordance with subsections 6:2-6:9. Section 7 Compensation for altered working hours Subsection 7:1 Questions concerning the re-disposition of regular working hours, the working in of days between holidays and such like, as well as preparation and completion work under Section 6 subsection 6:3, are not affected by this regulation. For compensation of altered working hours, holiday pay is paid in accordance with Section 5. The equivalent also applies to holiday compensation. The compensation is not concluded in the calculation of overtime compensation or travel time compensation. If a company currently applies rules on compensation for altered working hours or on-call hours which are more favourable than the rules now agreed, there shall be no deterioration in conditions for the salaried employee who enjoys such benefits. Subsection 7:2 If there are special reasons, the employer and the union may reach an agreement on another solution to altered working hours. Subsection 7:3 Altered working hours refers to the part of the salaried employee's normal working hours which are scheduled outside the normal daily working hours schedule at the salaried employee's place of work. 9

10 Subsection 7:4 Altered working hours are compensated per hour as follows: TO TO FROM ON DAYS WHICH, ACCORDING TO THE REGULAR DAILY WORKING HOURS SCHEDULE, ARE WORK-FREE TO THE NEXT WORKING DAY On major public holidays, however, the following applies: 300 FROM ON MAUNDY THURSDAY, NEW YEAR'S EVE AND THE DAY BEFORE CHRISTMAS EVE, FROM ON MIDSUMMER EVE AND FROM ON 1ST MAY AND NATIONAL DAY TO ON THE FIRST WEEKDAY AFTER EACH HOLIDAY 150 Note A Saturday which is not a public holiday is counted as a weekday. Subsection 7:5 Agreement on exemption from the above compensation rules can be agreed on with employees in more qualified positions, for whom reasonable compensation is provided in some other way. Subsection 7:6 Compensation for altered working hours and overtime compensation may not be paid for the same working hours. Section 8 Compensation for on-call hours Subsection 8:1 Questions concerning the re-disposition of regular working hours, the working in of days between holidays and such like, as well as preparation and completion work under Section 6 subsection 6:3, are not affected by this regulation. For compensation of on-call hours, holiday pay is paid in accordance with Section 5. The equivalent also applies to holiday compensation. The compensation is not concluded in the calculation of overtime compensation or travel time compensation. If a company currently applies rules on compensation for on-call hours which are more favourable than the rules now agreed, there shall be no deterioration in conditions for the salaried employee who enjoys such benefits. Subsection 8:2 If there are special reasons, the employer and the union may reach an agreement on another solution to on-call hours. 10

11 Subsection 8:3 On-call hours refer to time when the salaried employee is not obliged to work but is required to be at the disposal of the employer at the place of work to perform work if the need arises. Subsection 8:4 ON-CALL HOURS ARE COMPENSATED PER HOUR WITH 600 TIME FROM THE DAY BEFORE A WORK-FREE DAY UNTIL ON A WORK-FREE DAY IS COMPENSATED WITH TIME FROM ON A WORK-FREE DAY UNTIL ON THE NEXT WORKING DAY IS COMPENSATED WITH TIME FROM ON MAUNDY THURSDAY, NEW YEAR'S EVE AND THE DAY BEFORE CHRISTMAS EVE, FROM ON MID- SUMMER EVE AND FROM ON 1ST MAY AND NATIONAL DAY TO THE FIRST WORKING DAY AFTER EACH HOLIDAY IS COMPENSATED WITH 150 Note A Saturday which is not a holiday is counted as a weekday. Compensation for on-call hours is paid per session for a minimum of eight hours, reduced, in those cases it occurs by the hours for which overtime compensation is paid. Subsection 8:5 Agreement on exemption from the above compensation rules can be agreed on with employees in more qualified positions, for whom reasonable compensation is provided in some other way. Section 9 Compensation for travelling time Subsection 9:1 The right to compensation for travelling time applies according to the following principal rule and exceptions. Principal rule Exceptions If the salaried employee is entitled to special compensation for overtime work, he or she has the right to compensation for travelling time according to subsections 9:2 and 9:3 below. If the salaried employee is not entitled to special compensation for overtime work, he or she has the right to compensation for travelling time under subsections 9:2 and 9:3 below unless the employer and the employee agree that the employee shall be exempt from the rules on travelling time compensation. The employer and an employee may agree that compensation for travelling time shall be made in another form; e.g. that travelling time shall be taken into account when determining the salary. 11

12 An employee who has a position which normally involves travelling on duty to a large extent, such as a travelling salesman, service technician or similar, has the right to travelling time compensation only if the employer and the employee agree on this solution. Subsection 9:2 Conditions for travelling time compensation Travelling time that entails the right to compensation refers to the time during a requested business journey that is needed for the journey itself to the place decided. Travelling time which falls within the time of the employee s regular daily working hours is regarded as working hours. When calculating travel time, only business journeys outside of the employee's regular working hours are included. When calculating travelling time, only full half-hours shall be included. If travelling time occurs before and after regular working hours on a certain day, the two periods are added together. If the employer has paid for a berth on a train or ship during the journey or any part thereof, the time between shall not be taken into account. By travelling time is also meant the normal time spent when the employee on a business journey himself drives a car or other vehicle, regardless of whether it belongs to the employer or not. A journey is regarded as having commenced and finished in accordance with the rules applying to the calculation of travel expenses or the equivalent at the company in question. Subsection 9:3 Amount of compensation for travelling time COMPENSATION FOR TRAVELLING TIME IS AWARDED PER HOUR WITH 240 EXCEPT WHEN THE JOURNEY WAS UNDERTAKEN DURING THE TIME FROM ON A FRIDAY UNTIL ON A MONDAY OR FROM ON THE DAY BEFORE A WORK-FREE PUBLIC HOLIDAY EVE OR PUBLIC HOLIDAY UNTIL ON THE DAY AFTER THE PUBLIC HOLIDAY, WHERE THE COMPENSATION IS Regarding holiday pay, see section 5 subsection 5:2, note 3. Regarding the concept of monthly salary - see section 6 subsection 6: When these divisors are used, a part-time salaried employee's salary is adjusted upwards to a salary corresponding to full normal working hours. Section 10 Travelling costs and accommodation Subsection 10:1 The employer normally pays costs incurred on account of the posting. Such costs are not part of the minimum salary. 12

13 Section 11 Working hours for salaried employees Subsection 11:1 General rules The employer is obliged to apply the Working Hours Act (1982:673) with the exception of Section 5 and 12. Section 5 in the Working Hours Act is replaced by subsection 11:2 below. The Swedish Work Environment Authority exercises supervision of application of the law and the union exercises supervision of the application of subsection 11:2. Working hours refers to all the time when the salaried employee is at the employer's disposal and is carrying out activities or duties. Shift work refers to every method of dividing work into shifts whereby employees hand over to each other at the same workplace according to a specific schedule, even when this is a rotating schedule; shifts may be continuous or discontinuous; the method may involve that employees must work at different times during a given period of days or weeks. The definitions of working hours and shift work derive from the EU working time directive and are not intended to be a regulation of collective agreement or other departure from the directive. Subsection 11:2 Regular working hours Regular working hours per week without public holidays may not exceed a yearly average of 40 hours for daytime and two-shift working, 38 hours for intermittent threeshift, 36 hours for continuous three-shift working, 35 hours for continuous three-shift working with work during major public holidays, and 34 hours for permanent night work. Note Permanent night work means that work over a continuous period of at least one entire working week is scheduled to be done at night. For underground work, regular working hours must not exceed an average per year of 36 hours per week without public holidays. The local parties can reach an agreement on rules restricting the disposition of regular working hours. Unless agreed otherwise by the parties a six-week limitation period will apply for regular daytime and two-shift working hours. Section 12 Work environment Note that the employer is obliged to comply with the Work Environment Act (1977:1160). From the aforementioned law it follows that employers and employees must work together to achieve a good work environment. As soon as a posted employee begins work, the employer, or where appropriate another party responsible for the workplace, and the union must meet to find methods for continued cooperation in which issues of systematic work environment management, work environment training, corporate health care and rehabilitation should be discussed. Under the abovementioned law, an employer is obliged to take all necessary measures to prevent an employee from being exposed to ill-health or accidents and to eliminate risks for such situations. The Swedish Work Environment Authority exercises supervision in accordance with the Work Environment Act. 13

14 Section 13 Negotiation procedure There is a mutual right of negotiations in matters relating to the Agreement and posted workers. Negotiations take place on the local level. Should one party wish to claim fulfilment of an obligation toward the other, negotiations must be called for within four months after the party has become aware of the circumstances to which the claim relates and no later than within two years after the occurrence of such circumstances. Where a party fails to call for negotiations within the time specified, the party shall forfeit the right to negotiations. An action must then be brought within three months of the conclusion of negotiations. Where there have been obstacles to negotiations that are not attributable to the plaintiff, the period shall be calculated from the latest time at which negotiations should have been held. A party who fails to commence an action within the time prescribed shall forfeit his right to such action. The parties are under an obligation to enter into negotiations promptly when the other party so requests, and negotiations shall take place at the union's regional office or at the workplace, unless the parties agree otherwise. Section 14 Forum and conflict of law issues Disputes between the parties shall be determined in Swedish court under application of Swedish law. Appendix A - Contractual Agreement 14

15 Appendix A (contractual agreement) Posting agreement Technical areas Collective agreement, Posting agreement Technical areas, agreed between Employer: Unionen Corporate Identification Number: Olof Palmes gata 17 Address: SE Stockholm Country: Telephone: switchboard +46 (0) Website/ Fax: +46 (0) This agreement is valid from The posting refers to number of salaried employees and is intended to expire on. The contractual agreement has been drawn up in two original copies, of which the employer takes one and Unionen one. For the employer For Unionen Company signatory Contract signatory Name in block capitals Name in block capitals 15