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Publisher:
Austrian
Federal Economic Chamber Industry Division
Wiedner Hauptstraße 63, 1045 Vienna

Vienna, November 2021

I. Collective bargaining partners

This collective agreement is concluded between

Trade Association of Mines and Steel
for the Association of Iron and Steel Works,
Trade Association of the Metalworking Industry for the Foundry Industry Professional Group,
Trade Association of the Non-Ferrous Metals Industry,
Trade Association of the Metalworking Industry,
Trade Association of the Automotive Industry,
Trade Association of Gas and Heat Supply Companies,
on the one hand and the
Austrian Trade Union Confederation, PRO-GE Trade Union, on the other.

II. Scope

1. Geographically: For the territory of the Republic of Austria; for the Association of Technical Building Equipment Suppliers only for the Federal Province of Vienna.

2. Professional: For all companies that belong to one of the contracting professional associations.

3. Personal: For all workers employed in these establishments as well as for industrial apprentices, hereinafter referred to as employees.

III. Commencement and duration of validity

1. This collective agreement entered into force on November 1, 2011 and is valid in its current version from November 1, 2021. *)

*) Based on the collective agreement dated November 10, 2021, see below the values marked with ♦.

2. This collective agreement is concluded for an indefinite period and may be terminated by either of the contracting parties by registered letter with three months’ notice to the last day of a calendar month.

During the notice period, negotiations must be initiated to renew the collective agreement.

IV. Start and end of the employment relationship

1. A probationary employment relationship may only be agreed for a maximum period of one month and may be terminated by either party at any time during this period.

2. The employer must provide the employee with a written record of the essential rights and obligations arising from the employment contract (Employment Contract Law Adjustment Act). Periods of employment in employment group F (before November 1, 2005, wage group 1) must be stated. The record must be supplemented if there are any changes in the classification.

These provisions are met when using a service certificate in accordance with Annex I. Extensions to the information on the service certificate are permitted.

3. The employee may terminate the employment relationship by giving notice at the end of the working week, subject to the following notice periods.

The period is 1 week for uninterrupted service of up to 1 year,
2 weeks for over 1 year, 4 weeks
for over 5 years
, 6 weeks for over 10 years

The duration of an apprenticeship that began after 1 January 2002 shall not be taken into account when calculating the notice period.

4. The employer may terminate the employment relationship by giving notice to the last day of a calendar month in compliance with the statutory provisions and the following notice periods:

The period is for uninterrupted service
of up to 2 years .......... 6 weeks
over 2 years ....... 2 months
over 5 years ....... 3 months
over 15 years ..... 4 months
over 25 years ..... 5 months

The duration of an apprenticeship that began after 1 January 2002 shall not be taken into account when calculating the notice period.

4a. For all existing and future employment relationships, the last day of each calendar month shall be deemed to be the agreed termination date pursuant to Section 1159 Para. 3 ABGB (as amended by Federal Law Gazette No. 153/2017). This provision shall apply for an indefinite period and therefore beyond the date on which Section 1159 Para. 3 ABGB (as amended by Federal Law Gazette No. 153/2017) comes into force on January 1, 2021.

5. If an employee is dismissed while unable to work, is dismissed early without good cause, or if the employer is at fault for the employee's early departure, the right to continued payment of wages remains until the entitlement is exhausted, even if the employment relationship ends earlier. If,
however, an employee falls ill during the notice period, the entitlement to sick pay supplement - as well as all other entitlements under the collective agreement - ends on the last day of the notice period.

6. If the employment relationship ends due to the death of the employee, wages shall continue to be paid until the last day of the month of death.

For the duration of continued salary payment, the pro rata parts of holiday allowance and Christmas remuneration must also be paid.

Those entitled to claim are the legal heirs – this also includes registered partners within the meaning of the EPG – whose maintenance the employee was legally obliged to provide.

7. During the notice period, the employee is entitled to one day off per working week, but at least 8 hours with continued payment of wages, except in the case of a waiver of work. If the employee terminates the contract, the minimum amount of free time is 4 hours. Section 22 (2) and (3) AngG applies to terminations upon reaching retirement age.

In the case of shift work, these provisions apply accordingly. The day on which the time off can be claimed must be agreed. If no agreement is reached, the last 8 (or 4) hours of the working week are free. The right to time off in the event of termination by the employee no longer applies to employment relationships that were established after October 31, 2018.

7a. If the employee does not state during the course of a fixed-term employment relationship that he/she does not wish to continue the employment relationship beyond the fixed term, or if it is not clear from the outset that an extension of the fixed-term employment relationship is not intended, the intention not to continue an employment relationship with an expiry date of more than 2 months (including any trial month) beyond the expiry date must be communicated to the employee at least 2 weeks before the expiry date. If the communication is not made or is made late, the salary for the period of 3 days beyond the employment relationship that ended with the expiry date must be paid as compensation for unused free time (on the occasion of the termination of the employment relationship - Section 22 AngG).

further use period

8. Apprentices shall be employed for a further six months after the proper completion of their apprenticeship; if this period of employment does not end on the last day of a calendar month, it shall be extended to that month.

If the employer does not wish to continue the employment relationship beyond the period of continued employment, it must be terminated with a prior notice period of six weeks to the end of the period of continued employment specified in the previous paragraph.

9. By mutual agreement between the relevant Chamber of Commerce and the regional board of PRO-GE, the period of continued employment can be shortened if the requirements of Section 18 Paragraphs 2 and 3 of the Vocational Training Act are met. If the employee was unable to take the final apprenticeship examination during the shortened period for reasons beyond his/her control, he/she must continue to be employed in the profession he/she has learned until the first scheduled date of the final apprenticeship examination, but for no longer than the period specified in Section 8.

V. Length of Service

1. For all claims of the employee that depend on the uninterrupted duration of an employment relationship, the periods of service in establishments of the same company that were interrupted for no longer than 90 days from 1 July 1988, and for no longer than 60 days before that date, are to be added together.
For the calculation of the severance pay claim, this claim is reduced by the number of monthly salaries that have already been paid as severance pay for aggregatable employment relationships.

2. Maternity leave taken during the employment relationship (maternity leave) as defined by the MSchG, EKUG or VKG will be taken into account for the calculation of the notice period, the duration of the sick pay entitlement, the sick pay allowance, the service anniversary, the duration of the holiday and for the calculation of the severance payment (including the requirement of five years' service in accordance with Section 23a Paragraphs 3 and 4 of the AngG), up to a maximum of 22 months in total. The prerequisite is that the employment relationship has lasted at least three years, whereby maternity leave in the above sense must be included. 
In deviation from this, the "old" rule applies to the entitlement and the amount of the severance payment (including the requirement of five years' service in accordance with Section 23a Paragraphs 3 and 4 of the AngG): Maternity leave that ended before November 1, 2008 will only be taken into account up to a total of 10 months. 
The following applies to all other claims mentioned in the first paragraph: Parental leave that ended before November 1, 2006 will be credited for more than 10 months (up to 22 months) if it was taken for the second or subsequent year(s) of a child. 
The crediting of parental leave for advancement (skills allowance) is regulated in Section IX/17. 
Parental leave that ends after November 1, 2016 will be credited in full towards service-related claims.

3. The right to aggregation shall lapse if the previous employment relationship was terminated by dismissal due to the fault of the employee or by resignation without good cause.

3a. The right to aggregation may be waived in the case of restructuring proceedings with or without self-administration or bankruptcy proceedings if this appears to the collective bargaining parties to be necessary, in particular for business or other location or labor market policy reasons, and in order to maintain employment as far as possible. For this purpose, a joint committee composed of three representatives each from the contracting organizations must be consulted at the request of the seller or buyer or the works council or, in the absence of a works council, by three employees of the company.

4. If parental leave has been claimed until the child's second birthday at the latest, the employer must inform the parent on leave in writing at the last known address in the sixth or fifth month before the end of the leave when the leave will end.
If this notification is omitted and no resignation has been made in accordance with Section 23a Paragraph 3 or 4 of the AngG, the employee can start work up to four weeks after a subsequent notification in the above sense (at the latest when the entitlement to child care allowance expires) or declare resignation within two weeks of this notification; in this case, there is an entitlement to severance pay in accordance with Section 23a Paragraph 3 and 4 of the AngG, unless the BMSVG applies. Failure to provide work
between the end of the statutory leave and the resumption in the sense of the above provision is not deemed to be a breach of duty. There is no protection against dismissal beyond the statutory entitlement.

VI. Working hours

Weekly working hours

1. The normal weekly working time, excluding breaks, is 38.5 hours.

2. The regular weekly working hours may, if they regularly and to a significant extent include availability for work, be extended beyond normal working hours by agreement for the following groups of employees:

Full-time security personnel (factory security),
male and female porters and chauffeurs,
passengers,
full-time factory firemen and women,
employees in the medical service.

Availability to work to a significant extent exists if it amounts to at least 40 percent of working time.

3. The extended weekly working time within the meaning of point 2 may not exceed 60 hours.

4. A flat rate can be agreed for a working week of up to 60 hours, whereby the flat rate is calculated from the second half of the 39th hour onwards based on a surcharge of 30 percent in addition to the hourly wage. The provisions on overtime pay apply to the working hours not covered by the flat rate.

5. If full-time security personnel (factory security) and male or female porters are paid a flat rate, no special remuneration is paid for Sunday and night work included in the flat rate. The provisions on holiday pay apply to work on public holidays. In the case of regular employment on Sundays and public holidays, employees are entitled to a continuous period of free time of at least 36 hours per week, which must include a whole weekday (weekly rest within the meaning of the Working Rest Act). This must include a Sunday every third week.

6. The flat-rate remuneration for male and female drivers and co-drivers does not include working hours on Sundays and public holidays or on working days before 6 a.m. and after 10 p.m.

7. The weekly working hours for male and female drivers and co-drivers can be extended to 52 hours in the event of an increased need for work if they do not include regular and significant availability for work. All working hours in excess of the normal weekly working hours are overtime.

8. For drivers of motor vehicles used for the transport of goods and whose permissible total weight including trailer or semi-trailer exceeds 3.5 tonnes, a working time of up to 14 hours three times a week may be permitted by company agreement in cases of on-call work (points 2 to 6), provided that the driving time does not exceed eight hours. In this case, the rest period must be at least ten hours.

Daily working hours

9. Daily working hours shall be determined in agreement with the works council, taking into account operational requirements.

10. Food brought along can be consumed during working hours without affecting work.

11. The necessary time must be allowed for cleaning the workplace and machines. This falls within working hours.

12. The cleaning of the workshops is carried out by employees designated for this purpose. Apprentices may only be called upon to carry out such cleaning work that is necessary for the operation and is compatible with the nature of the training.

13. For full-time security personnel (plant security) and male or female porters whose working hours regularly and to a considerable extent include on-call work, the daily working hours may be extended to up to 12 hours.

14. Working hours for employees outside the permanent establishment may, in agreement with the works council, be set at a different time than the schedule applicable to the establishment.

breaks

14a. If overtime is worked, a paid break of at least ten minutes must be granted after the end of the eighth hour and before the start of the eleventh hour of work, which must be included in the working time. Any equivalent or more favourable arrangements already in place within the company - for whatever reason - must be included in this break. There is no entitlement to this break if the work to be performed after the tenth hour is not expected to last longer than 60 minutes.

short-time work

15. The normal weekly working hours can only be reduced by mutual agreement between the employer and the works council; in companies with fewer than 5 employees, agreement between the employees and the employer is required. Such an agreement requires the consent of the collective bargaining partners if aid is applied for under the AMSG.

Distribution of normal working hours, 4-day week

16. Weekly working hours should be distributed evenly over 5 days if possible. In the case of a 6-day week, working hours should end at 12 noon on Saturdays if working in one shift.

The normal daily working hours can be extended to up to 10 hours by company agreement if the total weekly working hours are regularly distributed over 4 days, or by individual agreement in companies without a works council. On these days, the working hours can be extended to up to 12 hours by working overtime (Section 7, Paragraph 6 of the AZG). The day off must not fall on a public holiday.

If operational requirements so require, weekly working hours can be distributed over a period of up to 9 weeks in such a way that the weekly average does not exceed the applicable normal working hours. *)

A deviation from the average normal working hours is possible, whereby the average weekly normal working hours may not exceed 40 hours. The time compensation for this deviation must take place within a maximum period of 26 weeks. *)

The introduction of such regulations or "flexible working hours" is subject to a works agreement within the meaning of the Labor Constitution Act and must be brought to the attention of the collective bargaining partners.

*) Association of Technical Building Equipment Suppliers see special regulation in Protocol Annex VI.

17. Working hours can be changed in conjunction with public holidays (according to Section 4 Paragraphs 2 and 3 of the Working Hours Act) in agreement with the works council or, in companies with fewer than 5 employees, with the works council.

A training period of more than 13 but no more than 52 weeks can be specified by works agreement, provided that the working time to be trained is distributed evenly over the weeks or days of the training period.

As a result of training within the meaning of this provision, the normal working hours of the company, including overtime, may not exceed 45 hours or, in cases where the normal working hours, including overtime, exceed 40 hours in the working week, may not be extended by more than 5 hours.

If the employment relationship ends before the time worked (free time) has been consumed, the corresponding overtime pay is due for the time not consumed.

Billable working hours

18. The normal weekly working hours can be extended to up to 40 hours, particularly to maintain the operating hours or for training purposes in connection with public holidays, if time off is compensated in whole days. This time off must be made within 13 weeks. The 13-week period begins when the company regulation comes into effect, otherwise from the end of the previous period. This period can be extended to up to 52 weeks by company agreement.

If the time off for compensatory time is not determined in advance, the time must be agreed between the employer and the employee. If no agreement is reached, compensatory time must be taken before the end of the compensatory period. In this case, in the case of vacation, public holidays and paid absence from work before the end of the compensatory period, compensatory time must be taken immediately before or after. If this is not possible for important reasons within the meaning of Section 20 AZG, it can be carried forward to the next accounting period in accordance with Section XV. If the time off for compensatory time is not determined in advance, there is no entitlement to compensatory time for days of paid vacation.

If time off in lieu is not possible for reasons on the part of the employer, the time worked in excess of 38.5 hours per week must be paid as overtime at the end of the agreed period. The same applies if the employment relationship ends before time off in lieu is used.

bandwidth

19. Normal working hours can be distributed over a period of 13 weeks in such a way that they do not exceed the normal working hours applicable under point 1 on average. Normal working hours per week must not exceed 40 hours and must not be less than 37 hours (range). It is possible to work less than 37 hours per week if the time is compensated for, in particular, by whole working days. This arrangement must be agreed in writing with each employee by works agreement or, in companies where no works council has been established, in writing. A longer calculation period of up to 52 weeks is only legally effective by works agreement and with the consent of the collective agreement partners. If the collective agreement partners cannot reach an agreement, an arbitration committee of the collective agreement partners must be consulted.

The distribution of normal working hours must be determined for the entire calculation period at least two weeks before the start. An exception is possible for time compensation that is carried out in whole days with the corresponding application of point 18.

During the averaging period, wages are due for the amount of average normal working hours. In the case of piecework (Section XII) and bonus work (Section XIII), the works agreement must include a provision that avoids fluctuations in earnings due to the range as far as possible. If this agreement is not reached, the piecework or bonus average wage is due based on the average normal working hours (38.5 hours per week).

Hourly remuneration components (e.g. allowances, bonuses) are calculated based on the hours worked.

If the employee leaves the employment due to termination by the employer, resignation for good cause or dismissal through no fault of his/her own, he/she shall be entitled to overtime pay for the work performed up to the time of leaving in excess of the average normal working hours; in other cases, he/she shall be entitled to hourly wages (Section X).

The employee must repay any excess salary paid in relation to the work performed up to the time of termination compared to the average normal working hours if he/she terminates his/her employment, leaves early without good cause or is dismissed due to his/her fault.

Extended bandwidth

19a. *)

*) See note to the minutes of 5 November 2008 in Annex VI.

a) Instead of points 16 (except the first paragraph) to 19, an extended range in the sense of this point can be agreed. During the averaging period, overtime cannot be applied in accordance with section VI.a. A combination of the extended range with point 21 is not permitted.
The regulations of this point only apply for the duration of the agreed averaging period.
For young people within the meaning of the Child and Young Persons Employment Act, the weekly working hours can be distributed over a period of several weeks in such a way that the weekly average does not exceed the normal working hours stipulated in the collective agreement.
For an averaging period of up to 13 weeks, this regulation must be agreed in writing with each employee with the consent of the works council and, in companies where there is no works council, in writing. For longer averaging periods, the consent of the works council and its sending to the collective agreement partners is required in any case.
If the works council has given its consent, a works agreement must be concluded on this basis.

b) Average period and range:
Normal working hours can be distributed irregularly within an average period of up to 52 weeks so that they do not exceed 38.5 hours per week on average over the average period.
Normal working hours per week may not exceed 45 hours and may not be less than 32 hours. It is possible to fall below 32 hours per week if the time compensation is made in the form of whole days.

c) Time allowances:
For weekly hours after the 40th hour up to and including the 45th hour, a time allowance of 25 percent is payable.
Instead of this time allowance, an equivalent reduction in weekly working hours with wage compensation can be agreed for the relevant area of application.

d) Location of normal working hours:
The agreement must contain more detailed provisions on how the respective normal working hours are determined and how time off is claimed.
A framework plan must be agreed 14 days before the start of the averaging period, which shows the expected deviations from the average working hours based on the facts known at that time.
If the location of normal working hours is not determined for the entire averaging period, it must be determined at the latest 2 weeks before the respective working week in accordance with the basic agreement. In exceptional cases, this period can be shortened in agreement with the works council; in this case, Section 6 Paragraph 2 of the AZG applies with regard to the possibility of refusal for personal reasons.
If the location of normal working hours and time off are not determined in advance, the number of credit hours including overtime allowances may not exceed 80 hours. This number of hours can be up to 120 hours (including overtime allowances) if time off for the number of hours exceeding 80 hours is made in whole weeks.
A time account must be kept of the normal working hours completed, which must be sent to the employee in the monthly payroll.

e) Use of time credits:
If the time in lieu is not determined in advance, it can be agreed that the employer and employee each unilaterally determine the time at which half of the credit hours and overtime allowances are to be used. If this is not agreed, the employee has the right to unilaterally determine the time at which 24 hours of time credits are to be used for every 3 months after a notice period of 4 weeks. The time at which time credits not covered by the unilateral right of use are to be used must be mutually agreed.

f) Compensation or transfer of time credits at the end of the averaging period:
If the time compensation has not been fully completed at the end of the averaging period, time credits of up to 40 hours (including time bonuses) can be carried over to the next averaging period.
Time credits not transferred (basic hours and time bonuses) are to be billed as overtime at 50%.

g) Compensation for time credits at the end of the employment relationship:
If there is a time credit at the end of the employment relationship, compensation will be paid in the case of dismissal due to the fault of the employee, in the case of voluntary termination of the employment contract and in the case of resignation without good cause with the hourly wage, and in other cases with overtime pay (lit. f).
The employee must repay any time debt in the case of dismissal due to his/her fault and in the case of unjustified early resignation.

h) Assembly insurance
Assembly allowances that are regularly incurred are to be paid at their average amount at the same time as the monthly wage. The appropriateness of the average amount is to be checked at the end of each averaging period and in the event of a significant change in circumstances based on the assembly work actually carried out (Section XIV, point 7). Regularity is present if they were paid for at least 7 weeks in the last 13 invoiced weeks (or 3 months or calendar quarter) before the start of the averaging period.

For days that are completely free from work as a result of time off, the lost travel time allowance must continue to be paid at the average value of the last 13 fully worked weeks.

In the case of performance-related remuneration (piecework, bonus, etc.), an arrangement must be made which, as far as possible, avoids fluctuations in earnings due to the expanded range.

i) Other conditions for the extended range: *)
If there is no general works agreement on the employment of temporary workers, the extended range can only be agreed if a works agreement to be concluded in accordance with point (a) contains provisions on the possible employment of temporary workers in the areas concerned and areas that are related to work.

The normal hours above the average normal working hours in weeks with an upper range do not reduce the employee's overall entitlement to paid care leave of one or two working weeks.

If a works meeting is called in connection with the conclusion of a works agreement on the extended range, employees are entitled to continued payment of wages for the required period without taking into account existing agreements or company practices.

The (company) agreement must, as far as possible, avoid adverse consequences of the expanded range of private responsibilities (e.g. family obligations, training and further education) of part-time employees.

*) See also Final Protocol in Annex VI.

19b. Time account model *)

*) valid from 1 July 2016.

a) Requirements
In the case of one or two shifts, a time account model as defined in this point can be agreed instead of points 16 (except the first paragraph) to 19a. The provisions of this point only apply for the duration of the agreed averaging period (or compensation period).

During the averaging period, overtime as per Section VI.A and flexitime cannot be applied. Working on public holidays is permitted, but all of the following rules must be observed.

The averaging of normal working hours is only permitted if the location of the entire normal working hours for the entire averaging period is fully determined in advance. The accumulation or reduction of time credits takes place in the form of deviations from this distribution of working hours or the shift plan, which must meet all of the following conditions.

Young people within the meaning of the Child and Young Persons Employment Act can be included in compliance with the requirements of the KJBG (in particular Section 11 Paragraphs 2a to 3).

If part-time employees are included in the time account model, the claims resulting from Section 19d Paragraphs 3 to 3e AZG remain unaffected.

In companies with a works council, the consent of the works council is required in any case. If the works council gives its consent, a works agreement must be concluded on this basis and sent to the collective agreement partners.

In companies without a works council, the time account model can be determined by written agreement with the employees for an averaging period of up to 13 weeks; for averaging periods of up to 52 weeks beyond this, it can be determined with the PRO-GE union. If a works agreement or agreement with the works council is required in the following, this will be replaced by the agreement or agreement with the union.

Time credits that have accrued in accordance with the rules on time compensation for overtime (Section VII, Item 8) can be credited by mutual agreement to one of the three time accounts (usually time account 2) of the time account model; the rules of the time account model then apply to their use and compensation.

A works agreement on the application of the time account model should be designated as such.

b) General provisions
For the purpose of implementing the time account model, the following three time accounts must be created:

Time account 1 is used to record time credits and their reduction during the averaging period.
Time account 2 is used to record overtime.
Time account 3 serves as a balancing account for time credits transferred from time account 1 and for recording negative time balances.

The employee must be informed in writing of the respective time balance of the individual time accounts 1, 2 and 3 on a monthly basis and be granted access to the records at any time.

c) Average period and range
Normal working hours can be distributed irregularly within an average period of up to 52 weeks so that they do not exceed 38.5 hours per week on average over the average period. Normal working hours, including additional work, may not exceed 9 hours per day and 45 hours per week and may only be less than 32 hours if the time compensation takes the form of whole days (shifts).

Additional work within the meaning of this model cannot be scheduled for night hours, Sundays and public holidays, or on Saturdays after 2 p.m. (or the start of the 2nd shift).

The works agreement may, in derogation from the above sentence, allow Monday to Friday

before the start of the early shift and
after the late shift

for one hour of additional work if this is in the employee's interest. If this option is used, no additional work may be carried out on Saturdays in accordance with the time account model.

d) Deviation from the extent of the regular weekly normal working hours (time account 1)
The works agreement must contain more detailed provisions on how the respective normal working hours are determined and how time off is claimed. A framework plan must be agreed 14 days before the start of the averaging period, which shows the expected deviations from the average working hours based on the facts known at that time.

Additional work must be agreed upon at least two weeks before the start of the respective working week in accordance with the basic agreement. In exceptional cases, this period can be shortened in agreement with the works council; in this case, the additional work can be refused due to the employee's interests that are worthy of consideration.

The number of credit hours may not exceed 167, regardless of the status of the other time accounts. The additional working time and the use of time credits must be recorded on this time account.

e) Time allowances (time account 2)
The time credit balance on time account 1 on the last day of the previous calendar month determines the amount of time allowances for additional work performed in the following month.

If the time credit is

0 to 60 hours, no overtime allowance is due,
more than 60 to 100 hours, a time allowance of 10% is due for each hour of additional work
more than 100 hours, a time premium of 20% is payable for each additional hour of work.

These overtime payments are to be credited to time account 2.

f) Use of time credits
The use of time credits cannot be agreed or determined by works agreement for periods for which there is an entitlement to paid leave from work.

The following consumption rules apply to time accounts:

Time account 1:
The procedure for determining the period for which time credits are to be used must be determined by works agreement. The works agreement may stipulate that individual agreements on the period for which time credits are to be used between employer and employee are also permissible.

Time account 2:
The employee determines the use of the time credits, but he or she must endeavour to reach an agreement with the employer. If agreement cannot be reached, he or she can unilaterally determine the time of use for up to five working days or five shifts with four weeks' notice. At the employee's request and provided this is operationally possible and time credits exist, part-time retirement within the meaning of Section VI.d must be agreed in order to enable them to be used within this framework.

Time account 3:
The use of time credits is agreed between the employer and the employee. In the event of underutilization due to economic conditions, a specific extent to which time credits are to be used can be determined by works agreement.

Time credits in time account 3 must be used in consecutive periods of several weeks, provided they are sufficient.

Employees can unilaterally determine the time of time off once per calendar year, subject to a notice period of four weeks, up to half of the time credit, but for a maximum of five working days or shifts. The works agreement can specify a different 52-week period.

Section 19f AZG applies with the proviso that the above provisions take the place of its consumption regulations (paragraph 1), but not with regard to its provisions on compensation in money; this also applies to the overtime allowances (time account 2).

Within the individual time accounts, the oldest time credits are considered to be used first.

g) Compensation or transfer of time credits to time account 1 at the end of the averaging period
If the time compensation has not been completed at the end of the averaging period, time credits of up to 40 hours can be transferred to the compensation period (time account 3). Time credits not transferred are to be paid out as overtime with a 50% surcharge and based on divisor 143 or, at the request of the employee,

the period of time compensation is to be agreed in a ratio of 1:1.67 or
the hours in the ratio 1:1.67 to the surcharge account (time account 2)

to credit.

h) Compensation period for transferred time credits and negative time balances (time account 3)
Time credits transferred to the compensation period in accordance with point g must be used up within a maximum of three years after the transfer.

If necessary, a negative time balance of up to 180 *) hours can also be built up in advance of future time credits. Such a build-up of a negative time balance can only take place by mutual agreement between the employer and employee or can be unilaterally ordered by the employer in agreement with the works council for groups of employees. Negative time balances expire after two calendar years from the end of the calendar year in which they arose. The works agreement can specify a different 52-week period.

*) limited until 31.12.2023, (previously 120 negative hours).

i) Time credits or negative time balances at the end of an employment relationship
If there is a time credit (time account 1) or a credit of compensatory hours (time account 3) at the end of the employment relationship, compensation will be paid in the event of dismissal due to the fault of the employee, in the event of his/her voluntary termination or in the event of unjustified early termination with the last hourly wage due, and in the other cases with overtime pay (lit.g).

If there is a credit on the bonus account (time account 2), it must be paid out with the last hourly wage due.

A negative time balance (time account 3) must be offset against any time credit on time account 1. Depending on the type of termination of the employment relationship, as regulated in paragraph 1, the number of hours or 1.67 times the number of hours is to be used as the basis. The employee only has to repay any remaining negative time balances in the event of dismissal due to his/her fault or unjustified early termination.

j) Assembly and piecework insurance
Assembly allowances that are regularly incurred are to be paid at their average amount at the same time as the monthly wage. The appropriateness of the average amount is to be checked at the end of each averaging period and in the event of a significant change in circumstances based on the assembly work actually carried out (Section XIV, point 7). Regularity is present if they were paid for at least 7 weeks in the last 13 invoiced weeks (or 3 months or calendar quarter) before the start of the averaging period.

For days that are completely free from work as a result of time off, the lost travel time allowance must continue to be paid at the average value of the last 13 fully worked weeks.

In the case of performance-related remuneration (piecework, bonus, etc.), an arrangement must be made that avoids, as far as possible, fluctuations in earnings due to the time account model.

k) Other conditions for the time account model
If there is no general works agreement on the principles of the employment of temporary workers, the time account model can only be agreed if a works agreement to be concluded in accordance with point a) contains provisions on the possible employment of temporary workers in the areas concerned and those areas which are related to the work.

The normal hours above the average normal working hours in weeks with more than 38.5 hours of work performed do not reduce the employee's total entitlement to paid care leave of one or two working weeks.

If a works meeting is called in connection with the conclusion of a works agreement on the time account model, employees are entitled to continued payment of wages for the required period without taking into account existing agreements or company practices.

The works agreement must, as far as possible, avoid adverse consequences of the time account model in the private sphere (e.g. family obligations, training and further education).

20. According to Section 11 Paragraph 2 of the Child and Adolescent Employment Act, the weekly working hours of young people can be divided into individual working days, in deviation from the provisions of Section 11 Paragraph 1 of this Act on the daily working hours of young people. When applying points 16 to 19, the provisions on minimum rest periods in accordance with the provisions of the Working Hours Act and the Child and Adolescent Employment Act as well as the Working Rest Act must be observed. However, even in these cases, the daily working hours of young employees must not exceed 9 hours.

shift work

21. In the case of multiple shifts or continuous work, a shift plan must be drawn up on the basis of a works agreement. Working hours must be divided in such a way that the legally guaranteed minimum rest period is observed and the average weekly normal working hours are not exceeded within a shift cycle.

For employees in fully continuous operations, the normal weekly working hours can be extended to up to 56 hours in individual weeks if one or two shifts of 10 to 12 hours are included in the shift plan at the weekend and at least two out of three weekends are completely free of work.
If the operating conditions so require, the normal weekly working hours can be distributed unevenly within the shift rotation so that the average over the shift rotation does not exceed 40 hours.

Any resulting excess or shortfall in the normal working hours stipulated in the collective agreement must be compensated within an averaging period not exceeding 26 weeks.
A longer averaging period of up to 52 weeks is only legally effective through a works agreement and with the consent of the collective agreement partners. If the collective agreement partners cannot reach an agreement, the matter must be referred to an arbitration committee of the collective agreement partners.

The time off in lieu must be determined by mutual agreement, taking into account operational requirements. If such agreement cannot be reached, the time off in lieu will be made before the end of the averaging period.

The claims under the NSchG are not affected by the granting of free shifts within the meaning of this point.

With the consent of the works council, the following deviation from the above provisions can be agreed. If the works council gives its consent, a works agreement must be concluded on this basis and sent to the collective agreement partners.

Instead of the averaging period of 26 weeks mentioned in the above provisions of point 21, a compensation period of 52 weeks generally applies. If it is not possible to fully compensate for the excess or shortfall in the weekly normal working hours in the previous shift rotation caused by deviations within the meaning of paragraph 3 within this period, excesses of up to a total of 40 hours and shortfalls of up to 180 *) hours can be carried over again into a final compensation period of 52 weeks. Any time beyond this and any time not yet compensated for after this must be paid out as overtime or expire without compensation.

If the above option has been used, at the request of the employee and provided that this is operationally possible and time credits exist, part-time retirement within the meaning of Section VI.d must be agreed in order to enable them to be used within this framework.

*) limited until 31.12.2023, (previously 120 negative hours).

decade-long work

22. In the case of large construction sites, decade-long work can be stipulated by means of a works agreement within the framework of the legal possibilities.

The standard decade work consists of 10 consecutive working days and 4 days off.

The normal weekly working hours may exceed 40 hours if the normal weekly working hours are not exceeded within an averaging period of 2 weeks.

Within a four-week calculation period, the employee is entitled to an average weekly rest period of at least 36 hours. To calculate the average weekly rest period of 36 hours, only those rest periods that comprise at least 24 consecutive hours may be used. In any case, there must be a rest period of at least 36 hours between two consecutive decades.

The relevant provisions of the collective agreement shall apply mutatis mutandis to the determination of normal working hours.

For the duration of the allocation to decade work, this shall be deemed to be the determination of normal working hours for the employee.

The decade-long work must not result in any reduction in remuneration.

Working hours on December 24th and 31st

23. December 24th and 31st are non-working days with continued payment of wages for normal working hours; in the case of shift work, from the end of the night shift from December 23rd to December 24th or December 30th to December 31st at the latest from 6:00 a.m.

If work is carried out for operational reasons, a 50% surcharge is payable for each normal working hour worked up to 12 noon on 24 and 31 December, and a 100% surcharge is payable for each normal working hour worked after 12 noon on these two days.

driving times

24. If an employee is required to drive a motor vehicle on behalf of the employer, the driving time is considered working time and must therefore be taken into account in the maximum daily and weekly working hours. This also applies if the employee is instructed to carry out the work in such a way that it requires the use of a motor vehicle.

VI.a Overtime

The extent of the reduction in the normal weekly working hours (previously 40 hours of normal working hours, 1 ½ hours per week) implemented from November 1, 1986 is overtime. This additional work is not counted towards the permitted amount of overtime. This principle also applies if the normal working hours are distributed differently in accordance with Section VI, points 16 to 22.
A surcharge of 50 percent is due for this additional work. The calculation is regulated in Section XIV, point 13.

In the case of time off for overtime and for overtime performed in connection with a different distribution of normal working hours in accordance with Section VI, points 16 to 22, Section VII, point 9 applies.

With regard to the arrangement of this overtime, the provisions of the collective agreement (Section VII, points 2 to 5) shall apply mutatis mutandis.

Working hours for which a surcharge of more than 50 percent is due on the basis of Section XIV, points 9 and 10, are not considered additional work within the meaning of Section VIa, but as overtime.

The daily working hours must not exceed 9 hours due to overtime. This does not apply to cases where an extension of the normal daily working hours beyond 9 hours is permitted under statutory provisions.

The favourability clause within the meaning of the Agreement on the reorganisation of working time from 1 November 1986, Article VII (Annex III), remains in force.

VI.b Night work

1. Night work is only permitted if there is a voluntary written agreement (service note).

If employees reject such an agreement, the employment relationship may not be terminated for this reason; credible evidence is sufficient. An impermissible termination does not exist if there is a higher probability of another motive, which has been credibly demonstrated by the employer. The employer's lack of knowledge of the rejection cannot be claimed. The impermissibility of the termination can only be asserted within 14 days or immediately after an unforeseen or unavoidable obstacle has ceased to exist and only in court.

2. The employer is obliged, in accordance with operational possibilities, to employ the employee at his/her request in a suitable day workplace for the duration of the following impediments:

If, according to a medical assessment, continuing night work endangers the employee’s health,
the care of a child under the age of 12 living in the same household is not guaranteed during night work and for at least 8 hours during the day,
or because of the care of a close relative in need of care (Section 16 of the UrlG) from care level 3.

The last two reasons cannot be used if another person lives in the same household who can carry out the corresponding care and support duties.
Other equivalent reasons can be regulated by company agreement.

Circumstances that already existed when the agreement was concluded cannot be taken into account.

If a transfer to another suitable day job is not possible for operational reasons, or if it does not take place within 14 days, the employee is entitled to leave early.

3. When scheduling night work, the employer shall, as far as possible, take into account the needs of employees who attend, or intend to attend, a vocational training institution or school.

4. If a day job becomes vacant in the company, it must be advertised internally. Employees who work night shifts and who can perform the vacant work – possibly after reasonable retraining – must be given priority.

5. The employer must ensure that employees who perform or are to perform night work can, at their own request, undergo a medical examination before starting this work and during the continuation of the work in accordance with Section 12b AZG, Federal Law Gazette I/122/2002. The employer must reimburse the employee for any costs incurred. The time required is to be counted towards working hours.

6. Apart from the cases covered by Section 97 Paragraph 1 Item 6a of the ArbVG (hard night work), works agreements can be concluded on measures to compensate for or mitigate the burden on employees caused by night work.

VI.c Regulations for part-time employees

1. For part-time workers, the minimum monthly wage shall be the amount due under Section IX divided by 38.5 and multiplied by the agreed number of weekly hours.

2. If overtime is compensated financially, the earnings for the overtime hours

either to increase it by 16.8% and to calculate the statutory overtime allowance (Section 19d AZG) from this increased amount;
or with the average amount (including the statutory overtime allowance) of the last 12 calendar months before the payment month in the holiday allowance and the Christmas remuneration.

Different but equivalent regulations can be established by works agreement.

3. For employees who move from full-time to part-time employment or vice versa during the calendar year, the holiday allowance and the Christmas bonus are each made up of the part of the holiday allowance/Christmas bonus corresponding to the length of service in the calendar year before the transfer and the corresponding part after the transfer (payment month). If the holiday allowance was already paid before the transfer, a back payment must be made at the time the Christmas bonus is paid out.

VI.d Partial retirement

1. If an agreement is reached between the employer and the employee to take advantage of part-time retirement within the meaning of Section 27 AlVG or Section 37 b AMSG (as amended by BGBl I 101/2000, 33/2001, 71/2003, 128/2003, 142/2004 and 90/2009), the following provisions shall apply as long as the aforementioned provisions are applicable to ongoing part-time retirement agreements.

2. a) The employee is entitled to wage compensation of at least 50% of the difference between the remuneration due before the reduction in normal working hours (in the case of part-time retirement starting on or after 1 January 2004: average) (including flat-rate or regularly paid allowances, bonuses and overtime - in accordance with the guidelines of the Public Employment Service) and the remuneration corresponding to the reduced working hours, up to the maximum contribution basis in accordance with Section 45 of the General Social Insurance Act.

b) The employee must pay social security contributions (pension, health, accident and unemployment insurance) in accordance with the contribution basis before the reduction in normal working hours.

c) Severance pay due upon termination of the employment relationship is to be calculated on the basis of the working hours before the reduction. Regular remuneration components (e.g. overtime) are to be included in the calculation of severance pay to the extent that they were performed before the reduction in working hours.

d) If the agreement provides for different weekly normal working hours, in particular for a blocking of working hours, remuneration for the average working time shall be paid on an ongoing basis.

(e) The calculation of an anniversary bonus shall be based on the working hours before the reduction of normal working hours.

f) The works council must be informed before a part-time retirement agreement is concluded.

3. The agreement can provide for different weekly working hours. In particular, it can be agreed that work will continue at the level of normal working hours (training phase) until sufficient time credits have been earned in order to then use up these time credits to enable the employee to be relieved of any obligation to work until retirement (release phase). In this case, the following applies:

Holiday entitlements that have accrued during the training phase can in any case be used before the end of the phase or, in the event of disagreement, immediately before the end.
When the employment relationship ends, any time credits for normal working hours are to be paid out on the basis of the hourly wage due at that time (without wage compensation), but without calculating the surcharge provided for in Section 19e AZG. If the employment relationship ends due to the death of the employee, this compensation is due to the heirs.
No time credits are earned for periods of absence without entitlement to pay. Accordingly, the training phase ends when sufficient time credits have been earned for the exemption.
For hours worked in excess of the average working hours as agreed in advance in the agreement, no overtime allowance is payable in accordance with Section 19d Paragraph 3a of the AZG. This regulation takes effect on January 1, 2008.

4. Recommendations:
The collective bargaining partners recommend:

a) With regard to supplementary pensions, an internal arrangement must be made which, as far as possible, avoids a reduction in the pension.

b) In the case of blocking part-time retirement, a provision must be made for holiday entitlement during the exemption phase (e.g. provision must be made for the induction phase to be shortened by the agreed average weekly working hours for each week of holiday accruing during the exemption phase, so that holiday entitlement can and will be used during the periods of each holiday year of the exemption phase that correspond to the time credits not earned).

c) To make arrangements that allow a return to full-time employment during the term of the agreement for extremely important personal reasons (financial hardship, e.g. for family reasons), provided that this does not oblige the employer to repay the benefits already received as a result of the part-time retirement and there are no operational reasons that prevent this.

VI.e Work on Sundays or public holidays in the event of a temporary special need for work (§ 12A ARG) *)

*) The provisions of Section VI.e., in the version valid from 1 November 2021, will cease to apply on 31 October 2023.

1. According to Section 12a ARG, employees are exempted from weekend and public holiday rest within the meaning of the ARG for a maximum of 6 weeks per calendar year if this is necessary to prevent economic disadvantage, due to pandemic-related problems, in particular in the supply chain, the shortage of raw materials, necessary catch-up processes due to corona or quarantine or illness-related absences of employees, as well as to secure employment.

2. Employers who wish to make use of the exemption must apply in writing to the relevant trade association and to the PRO-GE union. This application must state the length of time the exemption is required for, a description of the type of work, the number of employees that are expected to be required and the departments (business areas, production areas, etc.) in which work is to be carried out during weekends or public holidays. The application must also set out the impending economic disadvantage that would arise without the exemption. In companies with a works council, a declaration of consent from the relevant works council must be attached to the application. If the declaration of consent from the relevant works council is missing, the application will be sent back for improvement.

After receipt of the application, the collective bargaining parties decide by mutual agreement and in writing whether to approve the application or not. Weekend or holiday work is permitted from the date of submission if the collective bargaining parties agree within 14 days.

The collective agreement parties have the right to request missing information from the applicant for the decision. If an application is approved in writing, a copy of this document must be posted in the company in a place visible to all employees. Without this posting, the approval is not legally effective.

3. Employees can refuse to work on weekends or public holidays at any time. They must not be discriminated against for doing so, particularly with regard to pay, promotion opportunities and transfers. Terminations due to refusal to work on weekends or public holidays are invalid.

4. For this additional weekend and holiday work, an 18-minute paid break per shift shall be entitled.

5. During weekend and public holiday rest periods, only the absolutely necessary number of employees may be employed. The maximum daily and weekly working hours must be strictly adhered to. In addition, the provisions of Section 6 ARG (compensatory rest) must be observed.

6. All employees who exceptionally work at short notice on weekends are entitled to a surcharge of at least 50% for each hour worked on a Saturday and at least 150% on a Sunday. For work on a public holiday within the meaning of Section XIV, Paragraph 11, a surcharge of 150% is also due for each hour worked. Paragraph 14 of Section XIV is to be applied accordingly for the calculation of the surcharges.

At the request of the employee, time off in lieu of payment must be granted. This time off must be recorded in a time account. The use of the time off must be agreed between the employer and the employee. If no agreement is reached, the employee can unilaterally determine the use of time credits of up to three working days, subject to 14 days' notice. Paragraph 12 of Section XIV applies.

VI.f Working on Sundays or public holidays when there is a temporary need for special work (§ 12B ARG)

1. According to Section 12b ARG, employees may be exempted from weekend and public holiday rest within the meaning of the ARG a maximum of four times per year if there is a special and temporary need for work.

2. Employees can refuse to work on weekends or public holidays at any time. They may not be disadvantaged because of this, particularly with regard to pay, promotion opportunities and transfers. Terminations due to refusal to work on weekends or public holidays are invalid.

3. For this additional weekend and holiday work, an 18-minute paid break per shift is entitled.

4. During weekend and public holiday rest periods, only the absolutely necessary number of employees may be employed. The maximum daily and weekly working hours must be strictly adhered to. In addition, the provisions of Section 6 ARG (compensatory rest) must be observed.

VII. Overtime, Sunday and holiday work

overtime

1. Overtime is defined as any working time which falls outside the agreed daily working time based on the applicable normal weekly working hours in Section VI.1 and the additional work in accordance with Section VI.a.

If normal working hours are distributed differently within the meaning of Section VI, points 16 to 22, overtime only occurs if the daily working hours agreed on the basis of the different distribution of normal working hours over the individual weeks and the additional work according to Section VI a are exceeded.

2. When ordering overtime, the statutory provisions, in particular those of the Working Hours Act, must be observed.

3. Overtime may be refused if the overtime conflicts with the employee’s legitimate interests.

4. The employer or his/her representative is obliged to inform the works council before ordering overtime. This does not apply to ordering overtime for individual employees. If prior notification is not possible, this must be done immediately after the impediment has been removed. At the request of the works council, a written statement of the number of overtime hours must be provided to the works council on a monthly basis in accordance with Section 89 of the ArbVG.

the total overtime worked
the overtime hours worked per department,
of employees who have worked overtime,
of employees who have worked more than ten hours per day or more than fifty hours per week and
sick days

The employer must provide this list within 14 days of the request.

5. Overtime for the current day may in principle only be ordered in unforeseen circumstances.

Sunday and holiday work

6. In the case of continuous work or decade work, Sunday is considered a working day and the day off work due to it is considered a Sunday, unless existing agreements provide otherwise. If a public holiday falls on a working day that is considered a Sunday, a surcharge of 100 percent must be paid for each work performed on that day.

7. With regard to public holidays, the statutory provisions apply.

Common Provisions

8. Payment for overtime and work on Sundays and public holidays is regulated in Section XIV – Allowances and bonuses.
Instead of payment for overtime, compensation can be paid by time off on the basis of a works agreement – in companies where there is no works council, on the basis of an agreement with the employees.

Overtime is to be compensated with a surcharge of 50 percent at a ratio of 1:1.5 and overtime with a surcharge of 100 percent at a ratio of 1:2.
If compensation is only paid at a ratio of 1:1, the entitlement to overtime pay remains.

If a works agreement or agreement provides for such an arrangement, the provisions of Section XX regarding the consumption of leisure time shall not apply.

If the employment relationship ends before the agreed free time has been consumed, the employee is entitled to overtime pay.

8a. Use of time credits
If compensation for overtime has been agreed through time off, the employee determines the use of the time credits, but must endeavour to reach agreement with the employer. If agreement cannot be reached, the employee can unilaterally determine the time of use for up to five working days or five shifts with four weeks' notice. The employee must be informed of the respective time balance in writing on a monthly basis and be granted access to the records at any time. When the employment relationship ends, any unused time credits will be paid out.

9. In the case of time off for overtime, the principles of point 8 shall apply mutatis mutandis, with the proviso that time off for overtime shall be paid at a rate of 1:1.

Time off for overtime that is performed in connection with a redistributed normal working time in accordance with Section VI, points 18 to 22, must be carried out within the averaging period agreed there. If the averaging period is less than 13 weeks or in cases where no averaging period has been agreed, time off must be carried out within 13 weeks. Different arrangements can be agreed on the basis of a works agreement - in companies where there is no works council, on the basis of an agreement with the employees - but this must not exceed 52 weeks.

If the time for compensatory time is not fixed in advance, the time must be agreed upon. If no agreement is reached, compensatory time must be taken before the end of the compensatory period; in this case, in the case of vacation, public holidays and paid absence from work before the end of the compensatory period, compensatory time must be taken immediately before or after. If this is not possible for important reasons within the meaning of Section 20 AZG, it can be carried over to the next accounting period in accordance with Section XV.

If time off in lieu is not possible for reasons on the part of the employer, the time worked in excess of 38.5 hours per week must be paid at a 50 percent surcharge at the end of the agreed period. The same applies if the employment relationship ends before time off in lieu is used.

VIII. Employment outside the permanent establishment

expense allowance

1. In the case of employment outside the permanent establishment (business premises, factory premises, warehouse, etc.), including travel, the employee is entitled to an expense allowance to cover the additional expenses associated with the posting in accordance with points 2 to 4. This does not apply to employees with whom short-term employment for production work in another establishment of the same company has been agreed.

Expense allowances within the meaning of the following provisions apply – with the exception of point 4, from the 2nd sentence onwards – for 24 hours in the period from 0 to 24 hours.

2. In the event of an uninterrupted absence of more than 5 hours, an expense allowance of at least € 17.87 *) ♦ is due.

By way of derogation from this, subject to the conditions of the previous sentence, if the work on a given day takes place exclusively within a distance – as the crow flies – of up to 4 km from the permanent business or assembly office, or if the absence only extends between 11 a.m. and 2 p.m. and the employee has no opportunity to eat at the permanent place of work, an expense allowance of at least € 10.93♦ is due.

*) See transitional arrangements for Sections VIII/2 and 6 (Annex VI).

3. In the event of an absence of more than 11 hours – including travel time and a lunch break of a maximum of 30 minutes (for employees within the meaning of Article 2 Paragraph 1 of Regulation (EC) No 561/2006: driving break of 45 minutes) – an expense allowance of at least € 29.45♦ is due.

4. In the event of an absence of more than 11 hours and if employment outside of the permanent company requires an overnight stay away from home or such an overnight stay is ordered, an expense allowance of at least € 58.85♦ is due daily.
An expense allowance is first paid for the day of the outward journey, namely in the amount of at least € 58.45♦
if departure from the company location is scheduled before 12 noon, an expense allowance of at least € 29.45♦ if departure is after 12 noon.
For the day of the return journey, an expense allowance of at least € 29.45♦ will be paid if the employee arrives at the company location before 5 p.m. as scheduled, an expense allowance of at least € 58.85♦ if arrival is after 5 p.m.

travel times and means of transport

5. Travel times that fall within working hours are paid as working hours. Travel times outside working hours are paid at the hourly rate (piecework or average bonus wage) without allowances or surcharges.

6. Travel times that do not fall within working hours are to be remunerated as follows: For distances - as the crow flies - between the permanent business or assembly office and the temporary workplace of up to 10 km with 1 hourly wage, and for distances of more than 10 km with the wage for the travel time actually spent, but at least 1 hourly wage.

If an employee is employed as a driver of a vehicle during a journey outside of normal working hours, he/she will receive overtime pay in accordance with the above provision.
If employment outside of the permanent company requires an overnight stay away from home or if such an overnight stay is ordered, the provision of point 6, first sentence applies, analogously also in the event that the employee does not have the opportunity to spend the night within 2 km (as the crow flies) of the non-permanent workplace. If the employee is employed at a location where there is a business premises or an assembly office (construction office), the travel circle classification applicable to the business premises or assembly office (construction office) there applies.

Travel time compensation is only payable at half the amount if the outward or return journey falls within working hours. If the calculation of travel time based on the "straight line" is obviously in major contradiction to the actual travel time spent, an arrangement must be agreed at the company level.

7. If, for employment outside the permanent establishment, a means of transport has to be used, the establishment must determine the means of transport and pay the fare.

The employee will be reimbursed for 2nd class rail or bus travel costs, and for uninterrupted journeys of more than 250 km or for night journeys, 1st class rail or bus travel costs. A night journey is one in which at least 3 hours of travel fall between 10 p.m. and 6 a.m.

Reimbursement for the use of sleeping cars, aircraft and luxury trains is only granted with the special approval of the company management. Only actual travel costs incurred will be reimbursed.

If an employee is granted the right to claim an expense allowance (travel expenses allowance) for the use of his/her private car for business trips, the payment of this expense allowance is governed by the following provisions. Such a claim only arises if the authorization to claim this expense allowance is granted before the start of the business trip - preferably in writing. A mileage allowance is granted as an expense allowance to cover the costs incurred by maintaining and using the vehicle.

The amount of the mileage allowance is determined as follows from 1 November 2005:
up to 15,000 km .... € 0.376
above ............. € 0.354

However, the amount is as follows from 1 July 2008 to 31 December 2009 (according to Federal Law Gazette 86/2008 of 26 June 2008):
up to 15,000 km .... € 0.420
, above that ............. € 0.395

These rates shall also apply beyond 31 December 2009, provided that the travel allowance regulation continues to provide for a mileage allowance of 42 cents and in accordance with the period of validity provided for therein.

The lower mileage allowance is due whenever the specified mileage limit is exceeded. If part of the costs are borne directly by the employer (e.g. fuel, insurance, repairs), the mileage allowance must be reduced accordingly. When making the reduction, a key published by the motor vehicle associations must be taken into account.

If the internal business year differs from the calendar year, the business year can be used to calculate the mileage allowance instead of the calendar year. In addition, other annual periods, such as the respective working year, can also be agreed within the company.

Approval of the mileage allowance cannot be interpreted as an official order to use the car. The mileage allowance does not give rise to any claims beyond the mileage allowance and does not give rise to any liability on the part of the employer for damages resulting from the use of the car by the employee.

However, if the employee's work has been ordered in such a way that it requires the use of a private car, which means that the use of the car falls within the employer's area of activity, the claims under the ABGB and the Employee Liability Act remain unaffected with regard to accidental damage to the employee's car.

The mileage allowance must be accounted for in writing in the form of a record of the kilometers driven. On request, the employee must prepare this account either after each trip or at certain intervals. A logbook must be kept of the kilometers driven, which must be submitted for accounting on request, but in any case at the end of the calendar or financial year or when an employee leaves the company. The employer can also request that proof be kept if a flat rate arrangement has been agreed with the employee.

The employee must submit the invoice no later than one month after the agreed or requested date of submission. Section XX applies accordingly to the expiry of claims, with the last day of the aforementioned one-month period being the due date.

Point 29 applies to special regulations, works agreements, operational regulations and favourability clauses.

overnight allowance

8. If employment outside the permanent establishment – including travel – requires an overnight stay away from home or if such an overnight stay is ordered, the employee is entitled to an overnight allowance if the employer does not make the overnight stay possible in an appropriate manner.

The overnight allowance is € 19.84♦.

9. If the worker is unable to obtain suitable accommodation (Annex IV) for this amount, the accommodation costs shall be reimbursed upon presentation of a receipt; unnecessary additional expenditure shall be avoided.

trips home

10. In the case of employment outside the permanent company, which requires overnight stays away from home or if such stays have been ordered, the employee is entitled to a paid trip home to the permanent company (place of employment) after a waiting period of two months. For each trip home, the travel time, travel costs and the corresponding expense allowance must be reimbursed. In addition, the employee is entitled to unpaid time off for four calendar days (96 hours). The travel time cannot be included in the time off.

11. The journey home after each two-month waiting period must be undertaken within two months of the claim arising, otherwise the claim expires. The claim does not expire if the journey home was not undertaken at the request of the company.

12. The right to a paid journey home, travel time and the corresponding expense allowance also arises if the employee falls ill and begins the journey home, if he/she has to begin the journey home due to serious illness or the death of a close family member - this also includes the registered partner within the meaning of the EPG - as well as before starting the holiday and on return, as well as in the case of a work-related return to permanent employment.

In the case of employment within the meaning of point 10, the employee is entitled to reimbursement of travel expenses to and from the permanent place of work after a waiting period of one month from the posting or from a paid journey home if the construction or assembly site is more than 70 km from the permanent place of work.

This entitlement does not apply to months in which a paid trip home is due.

Vacation

13. If the employee takes his/her statutory holiday while employed outside the permanent company, he/she will be reimbursed for the travel time, travel expenses and expense allowance for the journey to the permanent company location even if the journey home is not undertaken. If the employee travels to the permanent company location and reports the start or end of the holiday to the permanent company, the holiday begins and ends at the time of this report.

13a. For the calculation of the entitlements in connection with points 1 to 13 of the home travel arrangement, a different starting point for entitlement can be established by works agreement instead of permanent operation.

illness and accidents

14. If an employee falls ill while working outside of the permanent company, he/she will receive a third of the expense allowance if he/she receives hospital care in the immediate vicinity of the workplace. If an ill employee remains in home care in the immediate vicinity of the workplace on doctor's orders, he/she will receive the full expense allowance, provided that the inability to work was not caused intentionally or through gross negligence. The claims under the EFZG and the provisions on the subsidy for sick pay are not affected by this.

15. If an employee dies while working outside of the permanent company, the employer must pay the transport costs in advance, which must be repaid if the relatives are paid for them by a third party. If the costs are only partially met, the relatives must repay the advance on a pro rata basis. The relatives are not obliged to pursue claims for damages. However, in this case they must, upon request, transfer them to the employer, who can pursue them at his/her own risk and expense. The relatives must, however, submit the relevant applications for reimbursement.

Hiring of employees outside the permanent establishment

16. The place of employment for employees is the company or its assembly office.

In the case of spatially progressive work (e.g. long-distance pipeline construction), the place of business is the site of the construction management (construction office) responsible for the construction lot. The provisions on payment for travel time (points 5 and 6) apply accordingly.

employment abroad

travel preparation

17. For the duration of the posting for temporary service abroad, the following provisions, points 18 to 30, apply.

Before starting work abroad, the employee must be given the time necessary to deal with the matters related to the posting, and the necessary and unavoidable expenses incurred in this connection must be reimbursed.

agreements

18. Agreements that deviate from or supplement this collective agreement or company regulations must be recorded in writing with the involvement of the works council, e.g. in the form of a supplement to the service note in accordance with Section IV, Item 2.
The employee must be informed of the following in particular before the start of the posting:

a) start and expected end of employment,

b) amount of daily and overnight allowance,

c) type of transport,

d) type of transfer and currency of the fee,

e) remuneration and accounting periods,

f) Type and amount of insurance.

The notification may be omitted to the extent that there is no need for a special notification due to the duration of the posting (according to Section 2 (3) AVRAG: 1 month) and existing regulations within the company.

means of transport and travel costs

19.a) The choice of means of transport and the determination of the travel route are the responsibility of the employer. The choice made must not result in an obvious disproportion between the economic and operational interests of the employer and the resulting burden on the employee in terms of time and physical effort.

b) For rail journeys in countries where carriage class 2 does not meet the Austrian standard, the carriage class that corresponds to carriage class 1 according to the Austrian standard will be reimbursed; in other cases, the costs of carriage class 2 in accordance with the Austrian standard will be reimbursed.

c) Only travel expenses actually incurred and proven will be reimbursed.

working hours

20.a) The distribution of the weekly working hours applicable in Austria to the individual days of the week and the determination of the daily normal working hours may be agreed for employees working abroad in accordance with the regulations and practice of the foreign country and the requirement of cooperation with employees of the foreign country or, taking into account other circumstances and requirements, deviating from the regulations in Austria.

(b) If a day of the week other than Sunday is considered a weekly rest day in the foreign country to which the worker is posted, that day shall take the place of Sunday.

expense allowance

21.a) To cover the additional expenses associated with the posting, the employee receives an expense allowance consisting of a daily allowance and overnight allowance. The daily allowance serves to cover the additional expenses for meals and all personal expenses associated with the posting, including tips for personal service.

The overnight allowance is used to cover the cost of accommodation or, in the case of journeys arranged during the night (night journeys as per point 7), the additional costs incurred. If suitable accommodation is provided free of charge (Appendix IV or sleeping car), the overnight allowance is waived. In this case, any additional accommodation costs that may be required must be paid or reimbursed by the employer. If the employee is unable to obtain suitable accommodation for this amount, the overnight costs will be reimbursed upon presentation of a receipt; unnecessary additional expenditure must be avoided.

b) Unless there is a company regulation, the daily allowance and overnight allowance shall be determined by agreement between the employer and the employee before the start of the posting.

The daily allowance and overnight allowance are due for the first 28 days of a business trip at the level of fee level 3 for federal employees; thereafter, the daily allowance and overnight allowance may not be more than 10% lower than the daily or overnight allowance of fee level 3 for federal employees.

For trips to member states of the European Union as of 1 November 2001, as well as to Switzerland and Liechtenstein, daily and overnight allowances are due at least at the rate provided for domestic trips, insofar as this results in a higher entitlement.

For Switzerland and Liechtenstein, this provision applies to business trips beginning after 1 November 2007.

The following applies to travel expense allowances for trips to Norway and countries that became members of the European Union after November 1, 2001:
For trips to Bulgaria, Estonia, Croatia, Latvia, Lithuania, Malta, Norway, Poland, Romania, Slovakia, Slovenia, the Czech Republic, Hungary and Cyprus, the daily and overnight allowances of fee level 3 for federal employees are to be increased by € 3.00 from January 1, 2018 to October 31, 2018.

From November 1, 2018, when traveling to the above-mentioned countries, the daily and overnight allowances of fee level 3 for federal employees are to be increased gradually per 12-month period (November 1 - October 31) by the increase in the collective agreement expense allowance applicable to domestic travel plus € 3.00 each time until the value of the daily or overnight allowance for business trips within Austria is reached.

From the 29th day of the business trip, the daily allowance and the night allowance may not be reduced by more than 10%.

c) The expense allowance according to this collective agreement (points 18 to 30) is due for the duration of the stay abroad, which begins or ends with the border crossing. If an aircraft is used for the assignment, the border crossing is deemed to be the departure from or arrival at the last domestic airport touched. The daily and overnight allowance (lit. b) is based on the rate for the country that is passed through during the assignment or in which the employee is staying to carry out the work. In the case of air travel, the daily allowance is based on the rate for the country to which the assignment leads. Up to the border crossing or the last domestic airport touched, the expense allowance is to be calculated according to Section VIII, points 1 to 5. The same applies mutatis mutandis for the return. The employee receives the agreed daily allowance for each full 24 hours of stay abroad. Fractions of up to 5 hours are not taken into account, for fractions of more than 5 hours one third is due, for more than 8 hours two thirds and for more than 12 hours the full daily allowance is due. If there is no pro rata entitlement to an expense allowance for business trips of up to 24 hours due to the length of the stay abroad, the corresponding expense allowance rates applicable in Germany are to be applied to the entire business trip.

d) Of the daily allowance, 15 percent is for breakfast, 30 percent for lunch and 25 percent for evening meal.

If meals are provided free of charge or other expenses are not borne by the employee, the agreed daily allowance will be reduced accordingly.

If reduced-price meals are provided (e.g. in the company canteen), the reduction provision of the first sentence also applies, but in this case the cost of the meal must be reimbursed by the company. This provision applies if the meals provided free of charge or at a reduced price are reasonable according to domestic standards or if there are no health reasons to the contrary.
In the case of stays for training or education, it can be agreed that the daily allowance to which employees are entitled is reduced to 10% of the stipulated rate if extended care (meals and additional services) is provided throughout the day.

e) Other business expenses related to the business trip, such as postage, telegram and telephone charges, costs for travel to and from the railway station and necessary laundry, shall be reimbursed separately to the extent that they are necessary and credibly justified.

f) The daily expense allowance (daily allowance and overnight allowance) is forfeited in full in the event of an unexcused absence. The same applies if any kind of absence from work or incapacity to work is caused intentionally or through gross negligence. In the event of an accident at work, the daily expense allowance is only forfeited if the accident was caused intentionally.

If a hospital stay abroad is necessary, the daily allowance is reduced to one third of the full agreed daily allowance. The overnight allowance is not payable, but any unavoidable ongoing accommodation costs will be reimbursed by the employer upon presentation of proof until further notice.

g) The expense allowance is generally due in Austrian currency. The payment of the expense allowance in a foreign currency must be agreed with the works council in companies with a works council, otherwise in agreement with the employee, taking into account contract-related conditions.

Compensation expressly designated as eligible for reimbursement of expenses by the employer or specifically granted by a third party may be credited towards the reimbursement of expenses for this point.

The expense allowance (including travel expenses) must be paid to the employee in a timely manner.

travel times

22. Travel times during working hours are paid as working time. For the actual travel time outside normal working hours, the hourly wage (piecework or average bonus wage) is due without allowances and surcharges.

family trip home

23. After an uninterrupted stay of six months in Europe or 11 months in non-European countries, the employee is entitled to a paid family trip home followed by paid leave, provided that the end of the posting or a trip home for other reasons is not expected within the next three months. The relevant provisions of this collective agreement apply to the family trip home with regard to the means of transport and travel time. However, if the trip home is not possible for certain reasons - for example due to the order situation - one sixth of the total travel costs for the outward and return journey to the permanent place of residence is due for each month beyond this for an uninterrupted stay of more than six months in European countries, and one eleventh for each month beyond this 11 months in non-European countries as compensation for the unused trip home.

accident insurance

24. The employer must reimburse the employee for the cost of accident insurance for accidents that occur during the period of assignment, excluding work-related and commuting accidents within the meaning of the ASVG, which result in death or permanent disability.
With regard to the reimbursement of costs, an insured sum of at least €21,802 is set for death and
at least €43,604 for permanent disability
. *) Only the costs of insurance that covers those risks that fall under the normal accident risk according to Austrian insurance conditions are covered. The reimbursement of costs is waived or reduced accordingly if the company has made other arrangements to cover the accident risk to the extent described above; the employee must be informed in writing of this other arrangement.

*) See transitional arrangements until 1 May 1998 in Annex VI.

illness and accidents

25. In the event of illness abroad, Section 130 of the General Social Insurance Act (ASVG) or the relevant interstate social security agreement applies. In the event of the death of the employee during the assignment, the employer must arrange for the return transport and cover the costs, with the cost coverage being capped at a maximum of €7,268. Otherwise, the provisions of Section VIII, Item 15 apply accordingly.

death of close relatives

26. In the event of the death of close relatives, the costs of the return journey must be reimbursed and the travel time on the return journey must be treated in the same way as for a posting, provided that a journey home is actually required. Close relatives are: the spouse, the life partner (as defined by the ASVG), the registered partner as defined by the EPG, children and adopted children, and the parents.

Force majeure

27. In the event of a specific personal danger (e.g. war, internal political unrest at the destination of the assignment), the employee is entitled to return home. Before departure, agreement should be reached with the employer or local supervisor if possible; otherwise, the employer must be informed immediately of the start of the journey. If the employee is prevented from returning due to force majeure, the family members - including registered partners within the meaning of the EPG - for whose support he/she is legally obliged to continue to receive the salary (Section X) that he/she would have received if he/she had worked at the place of work in Germany for a period of 6 months. For a further 6 months, these family members must be paid an amount equal to the non-seizable income calculated on the same basis.

Invoice

28. The employee's claims must be settled by written settlement for each expired accounting period by the end of the following month. For the assertion of claims within the meaning of Section XX, Item 2, the due date is the day on which employment abroad ends.
Special agreements, works agreements, company regulations and

favorability clause

29.a) All claims under items 21 and 22 may, with the involvement of the works council, be settled in a manner other than that provided for in this collective agreement, for example by means of a lump sum arrangement or expatriation allowance.

b) Existing company regulations remain in force in their entirety as a works agreement and take the place of this collective agreement if, within two months of this collective agreement coming into force, the company management and the works council determine that the company regulations continue to apply. If no agreement is reached, letter c applies. Regulations within the meaning of this paragraph must be made in writing.

c) Existing agreements, works agreements and regulations that are more favourable to the employee remain valid and can also be concluded in the future. This favourability clause is to be applied in such a way that this company regulation as a whole is examined for its favourability.

arbitration proceedings

30. If there are disputes about interpretation or the application of the favourability clause in the company, the relevant trade association and the PRO-GE union must be called in to mediate. If no agreement can be reached, an arbitration committee formed by the collective bargaining parties should be called upon to make a decision.

IX. Remuneration

General Provisions

1. The level of the minimum basic wages is determined by

the classification in a specific employment group and
the number of years of employment acquired or creditable.

2. At the time of advancement in the employment group, the minimum and actual wages of the employee concerned shall be increased by the advancement value provided for in each case, unless otherwise provided below.

3. In addition, in each calendar year the actual wages of certain employees will be increased by a proportion of the collective agreement distribution volume in accordance with the criteria set out in point 41.

4. The actual wage increase provided for in the collective agreement is set out in Annex II.

5. The following provisions constitute a uniform remuneration system for blue-collar and white-collar workers. The wording was therefore chosen regardless of the personal scope of this collective agreement (see also the final protocol of 23 September 2005, Annex VIa).

employment group
classification

6. The employees must be classified into one of the eleven employment groups by the employer with the involvement of the works council.

7. The classification shall take into account

the totality of the activities performed, and beyond that
where provided, completed (vocational) training,
where provided, a project management or leadership role

to be done.

8. The classification must not result in identical or equivalent activities within the meaning of the Equal Treatment Act, which are predominantly carried out by men or women, being classified or paid differently.

9. The classification into the employment group, the number of years of employment group credited and the amount of the minimum and actual wage as well as any changes must be communicated to the employees by means of a service note.

10. With regard to the provisions of the foreman’s allowance (Section XIV, Item 8), classification based on management or project management tasks is not applicable.

employment group definitions

11.

The employment groups are defined as follows:

Employment group A
Employees without specific training. Employees who perform very simple, schematic tasks with a predetermined sequence of work steps.

Employment group B
Employees with specific training who carry out simple, schematic tasks with a predetermined sequence of work steps. Also employees without specific training in production, assembly or administration, provided they have mastered several jobs/activities (work processes) or have acquired special skills, but at the latest after 3 years of employment with the company.

Employment group C
Employees who perform activities according to job-specific instructions which typically require longer specific training.

Employment group D
Employees who carry out activities in accordance with general guidelines and instructions, which typically require the completion of relevant vocational training or equivalent school education.
Employees with completed vocational training (apprenticeship examination), including those with an apprenticeship examination in technologically related or technologically similar professions, if this qualification is relevant for at least parts of the activity. *)
The same applies to graduates of comparable vocational secondary schools *) . For these employees, the minimum wage of BG D can be undercut by up to 5 percent during the first 12 months, provided they have not yet performed any professional activity.

*) See Final Protocol of 23 September 2005, Annex VIa.

Employment group E
Employees who independently carry out activities in accordance with general guidelines and instructions for which additional specialist knowledge and skills are typically required in addition to the qualifications required in BG D.
Also graduates of higher vocational schools *) if this qualification is important for a significant part of the activity in the above sense. For these employees, provided they have not yet performed any professional activity, the minimum wage of BG E can be undercut by up to 5 percent during the first 18 months.

*) See Final Protocol of 23 September 2005, Annex VIa.

Employment group F
Employees who independently carry out difficult tasks which typically require either additional specialist training or extensive specialist knowledge in addition to the qualifications required in employment group D, or at least a completed vocational college with relevant (corresponding) professional experience necessary for the activity performed.

Employment group G
Employees who independently carry out difficult and responsible tasks that require special technical knowledge and practical experience.
Also employees who are entrusted with the management of projects to a considerable extent and who work in accordance with the job characteristics of the employment group.
Also employees who are regularly and permanently tasked with the independent management, instruction and supervision of several employees, of whom at least 2 must belong to BG F.
Also employees who independently carry out tasks that are so demanding and responsible that relevant practical and theoretical specialist knowledge beyond the completed vocational training (commercial apprenticeship examination) and practical experience through many years of professional practice in BG F *) are a prerequisite.

*) See Annex IXa, point 22.

Employment group H
Employees who independently carry out difficult and responsible tasks with considerable scope for decision-making, which require special technical knowledge and practical experience. Also employees who are entrusted with the management of projects to a considerable extent and who work in accordance with the job characteristics of the employment group.
Also employees who are regularly and permanently entrusted with the independent management, instruction and supervision of at least 4 employees, of which at least one employee must be from BG G and 2 employees from BG F.

Employment group I
Employees who independently carry out very difficult and particularly responsible tasks with a high degree of decision-making freedom or who, in the case of comparable tasks, bear responsibility for the results of their area.
Also employees who are entrusted with the management of projects to a considerable extent and who work in accordance with the job characteristics of the employment group.
Also employees who are regularly and permanently tasked with the independent management, instruction and supervision of at least 6 employees, of whom at least one employee must be from BG H and either 2 employees from BG G or 4 employees from BG F.

Employment group J
Employees in managerial positions or with extensive, particularly responsible tasks, a very high degree of decision-making freedom and responsibility for the results of their area.
In addition, employees who are regularly and permanently responsible for the independent management, instruction and supervision of at least 10 employees, of which at least 3 must be employees of BG I or at least one employee of BG I and 4 employees of BG H.

Employment group K:
Employees in managerial positions that have a decisive influence on the company; also employees with responsible and creative work.

Masters are classified as follows:

	short name	Besch.Gr
assistant foremen, assistant climbers	MI	F
Masters without a completed technical college	M II o	G
Masters with completed relevant vocational secondary or higher school; or a relevant four-semester foreman course with a minimum of eight hours of course time per week; or relevant master craftsman or license examination. A school education for a technologically related or technologically similar profession is also sufficient	M II m	H
master craftsmen	M III	I (- 5%)
Masters, foremen, for mines and steel	M III	I (- 15%)
foremen, foremen	M IV	I

12. After successfully completing the final apprenticeship examination, the employee shall be classified at least in employment group D.

If the employee is unable to take the final apprenticeship examination after the end of the apprenticeship for reasons beyond his/her control, he/she is entitled to payment of the minimum wage for employment group C from the end of the apprenticeship. After successfully passing the final apprenticeship examination, he/she must be classified in at least employment group D. If the employee passes the final apprenticeship examination on the first attempt, the difference between the salary based on employment group D and the salary paid from the end of the apprenticeship must be paid retroactively.

13. The collectively agreed employment groups can be expanded by works agreement. In doing so, it is possible to exceed the minimum wages of the employment groups above. The minimum wages of the underlying collectively agreed employment group may not be undercut at any time. An employment group designation must be chosen that clearly shows the connection with the corresponding collectively agreed employment group.

The following applies to the internal employment groups assigned to the same collective agreement employment group: If actual wage increases due to the application of internal employment groups (promotions or reclassifications) within the collective agreement advancement period fall below the collective agreement advancement value, the wage at the time of advancement is to be increased by the difference. If actual internal wage increases (including due to reclassification to a higher company employment group assigned to the same collective agreement employment group) exceed the collective agreement advancement value, the next advancement is cancelled and the remaining difference is to be credited towards the amount of the subsequent advancement provided for in the collective agreement.

employment group years

14. Employment group years are the periods in which an employee is classified in the relevant employment group in the company, as well as any previous periods of service that can be taken into account. Periods of classification in a higher employment group are also to be taken into account for classification in a lower employment group.
If a company or part of a company changes to the scope of this collective agreement, periods of employment completed immediately before the change in the collective agreement are to be taken into account in accordance with the rules in point 18 (previous periods of service). Deviations can be determined by works agreement with the consent of the collective agreement parties, or in companies without a works council by agreement with the collective agreement parties.

15. Half of the time spent as a foreman in the company before being promoted to master craftsman is to be counted as employment group years for the employment group in which the employee is first classified as a master craftsman. However, a maximum of five employment group years can be counted.
This also applies if a master craftsman is reclassified from employment group F to employment group G or H.

16. Periods of military service, training service and civilian service during which the employment relationship existed shall be taken into account to the extent provided for in Section 8 of the Job Security Act for the consideration of Austrian military service, training service and civilian service.

17. Parental leave (parental leave) within the meaning of the statutory provisions shall be taken into account in accordance with the following provisions if it is taken during the ongoing employment relationship:

Parental leave that began on November 1, 2011 or later will be counted as employment group years up to a total of 16 months per child.
Parental leave that began before November 1, 2011 will be credited up to a maximum of 10 months in total.
Parental leave that ends after October 31, 2017 will be counted as employment group years up to a total of 22 months per child.

If a parent takes several periods of parental leave for the same child, a maximum of 16 months per child will be credited for parental leave ending by 31 October 2016, or a maximum of 10 months in total for parental leave ending by 31 October 2011.

These maximum limits also apply to parental leave following multiple births.

Recognition of previous periods of service

18. Periods of employment (but not apprenticeships) at other domestic or foreign companies or in the public service are to be taken into account if the task performed there corresponded to the job description of the respective employment group or a higher one.
A maximum of five years of previous service may be counted as employment group years.

19. The employee must disclose any qualifying periods upon joining the company at the request of the employer and provide evidence of these within four months by means of documents translated if necessary (e.g. certificate, employment confirmation).

minimum wage

height, time of advancement

20. Minimum wage table *)

	elementary level	after 2 years	after 4 years	advancement values
	elementary level	after 2 years	after 4 years	2.4 years	6, 9, 12 years
A	2,089.87	2,129.51	2,169.15	39.64
B	2,089.87	2,129.80	2,169.73	39.93	19.96
C	2,195.46	2,238.11	2,280.76	42.65	21.34
D	2,398.29	2,451.91	2,505.53	53.62	26.83
E	2,763.02	2,824.87	2,886.72	61.85	30.90
F	3,093.91	3,184.29	3,274.67	90.38	45.20
G	3,542.60	3,680.73	3,818.86	138.13	69.07
H	3,878.41	4,029.63	4,180.85	151.22	75.58
I	4,722.20	4,906.30	5,090.40	184.10	92.04
I (M III-5%)	4,486.09	4,660.99	4,835.89	174.90	87.45
J	5,184.52	5,386.85	5,589.18	202.33	101.15
	elementary level	after 2 years	after 4 years	2 years	4, 6, 9 years
K	6,854.05	7,121.54	7,255.26	267.49	133.72

	after 6 years	after 9 years	after 12 years	advancement values
	after 6 years	after 9 years	after 12 years	2.4 years	6, 9, 12 years
A				39.64
B	2,189.69	2,209.65	2,229.61	39.93	19.96
C	2,302.10	2,323.44	2,344.78	42.65	21.34
D	2,532.36	2,559.19	2,586.02	53.62	26.83
E	2,917.62	2,948.52	2,979.42	61.85	30.90
F	3,319.87	3,365.07	3,410.27	90.38	45.20
G	3,887.93	3,957.00	4,026.07	138.13	69.07
H	4,256.43	4,332.01	4,407.59	151.22	75.58
I	5,182.44	5,274.48	5,366.52	184.10	92.04
I (M III-5%)	4,923.34	5,010.79	5,098.24	174.90	87.45
J	5,690.33	5,791.48	5,892.63	202.33	101.15
	after 6 years	after 9 years		2 years	4, 6, 9 years
K	7,388.98	7,522.70		267.49	133.72

For employees who joined before 1 November 2005, see also Annex IXa.

*) For the FV Gas/Heat, the minimum wage table in Annex IX applies.

21. For part-time employees, the minimum wage and the advance payment values are to be divided by 38.5 and multiplied by the agreed number of weekly hours.

22. Promotion to the next higher level takes place on the first day of the calendar month in which the employee actually reaches the required number of years of employment. If the start of a new collective agreement minimum wage table coincides with the date of a promotion, the promotion value of the new minimum wage table is to be used.

credits to the minimum wage

23. Regular overpayments of the minimum wage as well as social allowances (such as family, household, child allowances) and other allowances (but not genuine travel or meal allowances) are considered to be part of the monthly wage and can be offset against the minimum wage. Regular overpayments that fall under the piecework or bonus provisions (Sections XII and XIII) or allowances that compensate for workloads (e.g. SEG allowances, compensation for on-call duty, foreman's allowance) are not part of the monthly wage and therefore cannot be offset against the minimum wage.

24. Regular commissions are also eligible . At the end of each calendar year, it must be checked whether the employee's annual salary (monthly wages, fixed salary, remuneration, commissions, etc.) at least reaches the sum of the minimum wages due in that calendar year plus twice the December minimum wage. If this is not the case, the difference must be paid immediately. If it becomes apparent during the current calendar year that a significant additional payment obligation will arise, an advance payment must be made. This advance payment can be offset against future salaries.

25. Any portion of remuneration which exceeds the Christmas remuneration (according to Section XVIII) and the holiday allowance (according to Section XVII) by more than the December salary shall be deductible from the annual salary .

Exceptions to the increase in actual wages

26. Point 2 does not apply to the increase in actual wages for:

commission agents,
those employees who have resigned before the promotion, unless the resignation gives rise to an entitlement to severance pay within the meaning of the Salaried Employees Act (in conjunction with the ArbAbfG).

27. At the end of each calendar year, the number of employees for whom an increase in actual wages is planned in the following calendar year due to a promotion to the next higher promotion level must be determined. Employees as per point 26 must be deducted from this number. Up to 5% of the remaining number of people can be excluded (5% clause) . The number determined must be rounded up if there are at least 0.5 remaining positions, otherwise rounded down.
In companies with up to five employees, one employee can be excluded from the actual promotion as per point 2 for two consecutive calendar years; in companies with more than five employees, two employees can be excluded.
Instead of calendar years, other periods can be specified by company agreement - in companies without a works council by agreement with the employees.
When selecting the employees who are excluded from the promotion, the following criteria must be taken into account:

below-average performance and/or
above-average overpayment.

An employee may only be exempted twice in a row in special cases. At the end of each calendar year, the number of possible exemptions for the following year must be determined; then the employees affected must be selected.
In companies with a works council, a list of names must be sent to the council by 31 December at the latest. If this notification is not made or is not made in time, no employees can be exempted. At the request of the works council or affected employees, a consultation must be held.
Works agreements concluded before 1 November 2004 and providing for further exemptions remain unaffected.

28. In economically justified cases, further exceptions or a postponement of the actual wage-based advancement to the next higher advancement level can be stipulated by works agreement. In companies without a works council, a corresponding agreement can be concluded with the relevant collective bargaining parties.

29. If the exceptions provided for in points 27 and/or 28 are used, advancement in respect of the minimum wage must still be made.

30. At the earliest six months after the start of the employment relationship, an agreement may be reached on the occasion of an increase in the actual salary of an employee to offset this increase against up to two immediately subsequent promotions. The maximum amount that can be offset against

the first and second,
the second and third,
the third and fourth,
only the fourth or
only the fifth

Advancement must be agreed. If the amount of the individual increase is less than the advancement value or the sum of the advancement values, the collective agreement advancements must be made on the dates provided for in the remaining amount. Further crediting agreements and crediting of increases from the collective agreement distribution volume (points 38 to 60) or from any other collective agreement regulation are void.
If an employee has been working for more than 30 years or 25 years if they have completed a university degree when they are hired, it can be agreed that the increase in the actual salary ioS can be credited towards up to 3 advancements.

reclassification

advancement level

31. If the previous minimum wage is lower than the minimum wage of the basic level of the new employment group, the employee shall be placed in the basic level.

32. If the previous minimum wage is higher than the minimum wage of the basic level of the new employment group, the employee may

a) be placed in the basic level;

b) be placed in the advancement step after two years of employment.

The actual wage must not be lower than the wage that would have been due had the employee remained in the previous employment group, taking into account advancements and changes in the minimum wage.

33. If the previous actual wage is above the minimum wage of the advancement level after two years of employment in the new employment group, the employee can be placed in the advancement level after two years of employment in the new employment group. His/her actual wage will not change as a result.

34. If the previous actual wage is above the minimum wage of the advancement level after four years of employment in the new employment group, the employee can be placed in the advancement level after four years of employment in the new employment group; in this case, the wage will increase at the time of reclassification by at least half the advancement value "2.4 years of employment".

35. In the cases referred to in points 33 and 34, crediting agreements (point 30) concluded at the time of the reclassification and up to six months thereafter are void.

36. A works agreement may establish a uniform procedure for the application of points 31 to 34.

beginning of the new employment group year

37. If the reclassification to another employment group does not take place at the time of promotion, the following applies:

in the case of reclassification from the basic level or the advancement level "after 2 years of the BG" or "after 4 years of the BG": the period of service in the previous employment group since the last advancement is to be taken into account; if no advancement has yet taken place, the period of membership in the employment group is to be taken into account;
in the case of reclassification after the sixth or ninth year of employment group: two thirds of the period of service since the last promotion in the previous employment group are to be taken into account;
for reclassification after the twelfth employment group year: The first promotion takes place two years after the reclassification. The same applies to reclassification from employment group A to employment group B after the 4th BG year.

If the reclassification takes place at the time of a promotion, the promotion must be carried out first and then the reclassification.

collective agreement distribution volume

General Provisions

38. A collectively agreed distribution volume must be determined once a year and used exclusively for individual wage increases or, in the case of employees with performance-related wages within the meaning of Section XIIIa, for increases in the competency allowances; in exceptional cases, with the consent of the works council, the collectively agreed distribution volume can also be used for increases in the standard piecework rate.

39. With the consent of the works council for blue-collar workers and the works council for white-collar workers, a joint calculation and distribution of the collectively agreed distribution volume for blue-collar workers and white-collar workers may be introduced by works agreement.

Determination of the distribution volume

40. Every year – for the first time in 2010 – a distribution volume is to be created corresponding to the number of all promotions due in the period from July 1 of the previous year to June 30 of the year in the steps after 6, 9 and 12 BG years according to the collective agreement. The decisive date is the date on which an increase in the minimum basic wage takes effect, even if this is not associated with an increase in the actual wage. The number of these promotions for each BG is to be multiplied by 75 percent (in BG FY 5/6) of the respective promotion values as of July 1. For part-time employees, the pro rata promotion value is to be used as a basis. The distribution volume is the sum of these amounts. From January 1, 2014, the distribution volume is 100 percent of these promotion values.
For employees entitled to a competency allowance, the time and extent of the increase in the competency allowance according to 4, 7 and 10 BG-J are to be used instead of the advancement value and the advancement dates.

selection and allocation criteria

41. The selection of employees for individual increases from the collective agreement distribution volume shall be made according to the following criteria:

a) Performance (e.g. quantity, quality, social skills and leadership skills);

(b) improving the wage structure, in particular with regard to non-discrimination between the sexes, including taking into account low incomes where appropriate;

(c) at least half as many employees from the distribution volume must receive an increase in their wages as the number of increases within the meaning of point 40;

d) An employee may not be selected if he/she has already received a wage increase from the collective agreement distribution volume in the last or penultimate calendar year. This does not apply to performance-related wage earners.

42. When allocating the collective agreement distribution volume to the selected employees, the salary of each employee may be increased by no more than 3%. The increases allocated to each individual employee must be balanced in relation to one another.

43. If the collective agreement distribution volume is used to increase the standard piecework rates, 1.3 times the value of the increase in the standard piecework rate, multiplied by the number of performance-based wage earners affected, shall be added to the amount of the collective agreement distribution volume.

44. By means of a works agreement, additional selection and/or allocation provisions may be created and/or the above provisions may be expanded upon.

information for employees

45. Each selected employee must be notified of the increase in writing. The notification must indicate that the increase comes from the collective agreement distribution volume.

Procedure for determining and allocating the collective agreement distribution volume

46. The employer must complete the procedure for determining and allocating the collective agreement distribution volume by 30 June of each calendar year.

47. The wages of the employees selected in the course of the procedure shall be increased on 1 July of each current calendar year.

48. In companies with a works council, the amount of the collectively agreed distribution volume must be communicated to the works council by 2 May at the latest.
A works agreement must be concluded by 30 June of the year in question, listing the selected employees (either generally or by name) and the increase in their wages.

49. In companies without a works council, a list of the names of the employees selected must be drawn up, indicating the increases in the wages of each individual employee, and kept for control purposes. The amount of the collectively agreed distribution volume and the number of employees selected must be communicated to the employees (e.g. by posting a notice).

50. If selected employees leave the company by 30 June of the year, the corresponding part of the collectively agreed distribution volume must be allocated to other employees by 31 July of the same year at the latest. The resulting increases must be made – possibly retroactively – with effect from 1 July. This does not apply if the collectively agreed distribution volume is used to increase the standard piecework rate.

51. If no works agreement is concluded by 30 June or if the employer or the works council doubts that agreement will be reached in time, mediation must be initiated at the request of either party in accordance with points 53 and 54.
In companies without a works council, mediation must be initiated at the request of a collective bargaining party that has reasonable grounds to suspect that the provisions for determining the collective bargaining volume or the selection or allocation criteria have been violated.

52. The start of the procedure can be brought forward by works agreement. The further course of the procedure must be adapted accordingly.

mediation by the collective bargaining parties

53. The mediation must be carried out by competent representatives of the collective bargaining parties. The mediators must be obliged to maintain confidentiality regarding everything that becomes known to them in the course of the mediation.

54. The employer or the works council must support the mediators in their work, provide the documents necessary for the mediation (e.g. documents for determining the amount of the collective agreement distribution volume, a list of names indicating the increases in the wages of individual employees) and state the reasons for the selection of the employees concerned.

55. If the selection or distribution criteria have not been observed, the mediators will influence the employer to distribute the collective agreement distribution volume in accordance with the provisions of this collective agreement. This distribution must be made - possibly retroactively - with effect from 1 July.

56. If the entire collective agreement distribution volume has not been distributed, the following applies:

a) The employer, in companies with a works council by means of a works agreement, must increase the wages of other employees in such a way that the collective agreement distribution volume is fully paid out. The increases must be made - possibly retroactively - with effect from 1 July.

b) The employer must also make a one-off payment unless the underpayment is due to slight negligence, whereby legal errors of assessment are only slight negligence if they are based on consistent information from both parties to the collective agreement. First, 42 times the originally undistributed portion of the collective agreement distribution volume must be determined. This amount must then be divided per head among the employees employed at the time of the distribution who were not selected (even subsequently in accordance with point a) and paid out by December 31 of the year at the latest.

Adjustment of the collective agreement distribution volume due to significant operational changes

57. If the number of employees changes by more than 20% between 1 January and 30 June of a year, the collective agreement distribution volume can be adjusted to the changed circumstances by company agreement or, in establishments without a works council, by agreement with the collective agreement parties.

Entry of a company or part of a company into the scope of the collective agreement

58. In companies or business units that are newly subject to the collective agreement, the collective agreement distribution volume must be distributed no later than 1 July following the entry into the scope of the collective agreement. To determine the distribution volume, all advancements that have taken place since the entry into the scope of the collective agreement (point 40) must be taken into account.

Reduction of the collective agreement distribution volume for compelling economic reasons

59. If there are compelling economic reasons, the collective agreement distribution volume for the year in question may be reduced in accordance with economic necessity – if necessary to zero – and/or the implementation of the increases may be postponed.

60. In companies with a works council, a works agreement must be concluded on this matter and – failing which it will be legally ineffective – sent to the collective bargaining parties. In companies without a works council, a corresponding agreement can be concluded with the relevant collective bargaining parties.

apprenticeship income♦

61. The monthly apprentice salary is

1st year of apprenticeship ......................... € 800.00
2nd year of apprenticeship ......................... € 1,000.00
3rd year of apprenticeship ......................... € 1,325.00
4th year of apprenticeship ......................... € 1,750.00

Bonus for
final apprenticeship examination Apprentices are entitled to a one-off bonus of €150 on passing the final apprenticeship examination. Existing company regulations remain in place, but the amount can be offset against this.

integrative vocational training

In the case of an extension of an apprenticeship in accordance with Section 8 b Paragraph 1 BAG as amended by BGBl. I 79/2003, the apprenticeship years are extended pro rata in relation to the total apprenticeship period for the purpose of determining the amount of apprenticeship compensation; if parts of months result, the higher apprenticeship compensation is due for the entire month.

In the event of a subsequent extension, the year of apprenticeship on which the apprenticeship allowance is based remains unchanged until entitlement to apprenticeship allowance for a higher year of apprenticeship arises in accordance with the preceding sentence.

When concluding a training contract for partial qualification in accordance with Section 8b Paragraph 2 BAG as amended by BGBl I 79/2003, the apprenticeship allowance for the first year of training is due. After one year, this entitlement increases by a third of the difference between the apprenticeship allowance for the first year of training and that for the second year of training, and after two years by a further third of this difference.

Recognition of integrative vocational training

If a partially qualified apprenticeship (including vocational school in accordance with the requirements of the Federal Labour Court) is successfully completed, it must be credited towards the extent of at least the first year of the apprenticeship when subsequently completing an apprenticeship in the same or a related trade. If there is no entitlement to this credit, the subsequent apprenticeship remuneration must in any case not be lower than the remuneration last paid during the partially qualified apprenticeship.

boarding school costs

62. The boarding school costs incurred by the apprentice in a student residence intended for vocational school students in order to fulfil the vocational school obligation must be paid in advance by the trainer to the apprentice and reimbursed in such a way that the apprentice is entitled to receive his/her full apprenticeship allowance for the period corresponding to the duration of the boarding school. The same applies to employees who complete integrated vocational training.

62a. Additional costs for the cheapest means of public transport that apprentices can prove they incur when travelling to or from the boarding school up to once per calendar week must be reimbursed by the company. The subsidies to which the apprentice is entitled can be offset against this claim. The prerequisite for this entitlement to reimbursement of travel expenses is receipt of family allowance. If public subsidies for such travel expenses are reduced or eliminated, the proportionate reimbursement of travel expenses remains unchanged. Appropriate receipts must be presented upon request from the employer.

compulsory interns

63. Pupils at middle and high schools who are required to complete an internship due to school regulations are entitled, in derogation from the provisions of this section, to a monthly salary of €963.10 for the duration of a prescribed internship (max. 1 month per calendar year - excluding longer internships due to school experiments at four-year technical colleges). This also applies if there is only a partial obligation to work. If
the internship regulations stipulate that the pupil must be present in the company for less than 38.5 hours per week (e.g. 4 days per week), the part of the monthly salary corresponding to the planned time of attendance is entitled.

X. Concept of earnings

Monthly earnings are the wages, or in the case of performance-related pay in accordance with Section 96 Paragraph 1 Item 4 of the Labor Constitution Act, the 13-week average (plus any skills allowance) based on normal working hours. In the case of an agreed longer weekly working time within the meaning of Section VI Item 2, this is the basis.

In the case of lump sum payments on assembly and construction sites, those employees who have been employed on a lump sum basis for more than half of the time within the last 13 weeks before the due date are entitled to the classified monthly wage plus a 25 percent surcharge instead of the 13-week average.

The following must be included in the monthly salary:
dirt, hardship, danger, assembly, shift and night work allowances as well as foreman's allowance.

If allowances and supplements are not paid regularly, they are to be calculated based on the average of the last 13 weeks.

XI. Company suggestion system

Works agreements on remuneration for suggestions for improvement can be concluded in accordance with Section 97 Paragraph 1 Number 14 of the German Labor Constitution Act.

XII. Piecework

1. The piecework rates must be drawn up in such a way that an averagely qualified employee earns the company’s standard piecework rate for his/her employment group when performing normal work.

2. The standard piecework rates for the company must be set in such a way that they are in no way lower than the collective agreement wage (basic level) for the relevant employment group and that they allow an average piecework wage for the employment group (without skills allowance) that is at least 30% higher than the minimum wage for the basic level of the relevant employment group.

3. The piecework rates are to be set in accordance with an agreement, taking into account the provisions of Section 96 Paragraph 1 Item 4 and Section 100 of the Labor Constitution Act; as far as possible, the rate is set on the basis of objective measurements (e.g. work and time studies). The piecework rates are to be set without distinction as to age or gender. Equal pay is due for equal work performance.

4. When drawing up piecework, normal performance is to be taken into account. Normal performance is the performance that can be expected from any employee suitable for the work in question after sufficient practice and training, taking into account personal and material distribution times.

The individual determinants of this definition depend on the agreed piecework system.

5. The piecework rates must be communicated to the employees in an appropriate form (piecework sheet, notice, etc.) before the start of piecework.

6. If an employee, after an agreement has been reached and a piece rate has been set that was neither erroneous nor incorrect, increases his/her earnings significantly through personal diligence and acquired skill, this shall not lead to a reduction in the piece rate unless the conditions of point 9 are met.

7. The reduced earnings due to a piecework specification that was demonstrably incorrect cannot be offset by the increased earnings from other piecework contracts resulting from a corresponding specification, even within a pay period. In this case, the incorrect piecework specifications must be checked and corrected in accordance with point 3 at the request of the employee or the works council.

8. If the piecework wage falls below the collective agreement wage through no fault of the employee but for reasons that are personal to him/her, the collective agreement wage must be paid.

9. A change to already established piecework requires a change in the working method or a change in the technical equipment, such as machines, tools, devices and the like.

10. If time is lost due to circumstances beyond the employee's control (e.g. hard, faulty material) and which are not due to force majeure, the employee is entitled to a compensation allowance to be agreed accordingly. However, this is subject to the condition that the reason for the delay is brought to the attention of the supervisor in good time.

11. If the review of a disputed piecework rate results in a change, the amended piecework rate shall be paid at the earliest from the beginning of the billing period current at the time of the complaint.

12. If an employee working on a piecework basis is transferred from one workplace to another, the piecework or hourly wage applicable to the new workplace will generally apply from the day of the transfer, unless the provisions of points 13 and 14 apply. Section 101 of the Labor Constitution Act must be observed for the transfer.

13. Employees who are permanently employed on piecework and who are transferred to time wages will continue to receive their average piecework wage for a period of up to four weeks.

Employees who have worked on piecework for more than half of their time during the last 13 working weeks are considered to be permanently employed on piecework.

14. Employees who are not permanently employed on piecework will continue to receive their average piecework wage for up to four weeks if they are instructed by the employer to temporarily interrupt their ongoing piecework (without being permanently transferred to time-based pay) and to perform time-based work.

15. The continued payment of the piecework average according to points 13 and 14 is not due if the piecework becomes impossible due to events for which the company is not responsible (e.g. order cancellation, lack of materials, machine breakdown).

16. If piecework becomes impossible due to temporary malfunctions in machinery or equipment and the employee is called upon to remedy these malfunctions, he/she shall be entitled to his/her average piecework wage for a period of up to four weeks.

17. For the regular weekly cleaning of the machines, if this is done by the employee himself/herself and it is not already included in the distributable time allowance, the employee must be granted the appropriate time and remunerated at his/her average piecework wage.

18. The average piecework wage is the average piecework earnings of the last 13 weeks worked and invoiced on a piecework basis (or 3 months or calendar quarter).

19. In the case of production work that is subject to cadence and performance, the above provisions shall apply mutatis mutandis.

20. To the extent that work on assembly or construction sites is awarded on a lump sum basis, the piecework provisions of this collective agreement shall not apply.

21. In the event of obvious circumvention of the piecework provisions, the collective bargaining parties will, at the request of the works council, work towards a solution that conforms to the contract.

XIII. Premium work

1. Bonus pay exists when, in addition to a basic wage, which must not be lower than the collective agreement wage, an additional remuneration, namely the bonus, is paid in accordance with guidelines, the amount of which is based on objectively and materially ascertainable performance of the employee.

2. The bonus compensates for the additional work performed by the employee during the billing period. If the employee does not acquire the right to a bonus based on his/her work performance, the basic wage must be paid in accordance with point 1.

3. The following shall be taken into account in determining the premium: quality and quantity of products, degree of utilisation of resources, utilisation of materials, consumption of operating and auxiliary materials, consumption of energy.

4. The provisions of Section 96 Paragraph 1 Item 4 and Section 100 of the Labour Constitution Act shall apply to the determination of bonuses, unless the work in question is subject to bonuses on a case-by-case basis.

5. Premiums shall be fixed without distinction as to age or gender.

6. The bonuses must be communicated to the employee in an appropriate form before the bonus work begins.

7. If, after an agreement has been reached and a bonus has been set that was neither erroneous nor incorrect, an employee significantly increases his/her earnings through personal diligence and acquired skill, this shall not lead to a reduction in the bonus.

8. The basis for determining the premium can be changed if it is incorrect or if the working conditions or requirements have changed. The changed premium is to be paid from the beginning of the current billing period at the earliest.

9. If an employee is transferred from one job to another, the piecework, bonus or hourly wage provided for this new job will generally apply to remuneration from the time of the transfer, unless the provisions of point 10 apply. Section 101 of the Labor Constitution Act must be observed for the transfer.

10. If an employee is employed on a time-based basis, he/she will receive 90 percent of his/her average earnings for four weeks, but at least 50 percent of his/her average bonus earned over the last 13 weeks (three months) in addition to the basic wage if he/she has worked on a bonus for more than half of the time over the last 13 weeks (three months). If the reduced average earnings are lower than the classified monthly wage, the classified monthly wage is to be paid.

11. The continued payment of the bonus wage according to point 10 is not due if the bonus work becomes impossible due to events for which the company is not responsible (for example, order cancellation, lack of materials, machine breakdown).

12. The average earnings correspond to the basic wage plus the bonus earned on average per hour over the last 13 weeks (three months).

13. To the extent that work on assembly or construction sites is awarded on a lump sum basis, the bonus provisions of this collective agreement shall not apply.

Piecework-like bonuses

14. In the case of piecework-like bonus work, the bonus specifications must be set in such a way that they enable an average bonus wage (excluding skill allowance) for all employees assigned to the same employment group that is 30% higher than the minimum wage of the basic level of the respective employment group.

Piecework-like bonuses are quantity bonus systems in production that are created according to technical principles similar to a piecework (e.g. target time, standard rate). If the bonus system is based on characteristics other than quantity, it is considered to be piecework-like if the other characteristics are of only minor importance (up to a quarter of the bonus target).

XIIIa. Competence allowance

competence allowance

1. Employees who are entitled to piecework pay or to piecework-like bonuses or to continued payment of the piecework or bonus average wage in accordance with Sections XII and XIII receive the advancements as a competency allowance. The piecework standard rate or basic wage (for bonus work) remains unchanged. The competency allowance replaces the minimum wages above the basic level of each employment group. The personal collective agreement minimum wage entitlement corresponds to the respective basic level of the employment group plus the collective agreement competency allowance.
The advancement levels are reached after two, four, seven and ten years of membership in the employment group. The amount of the competency allowance is:

competency allowance table♦

	competence allowance in euros
BG	after 2 BGJ	after 4 BGJ	after 7 BGJ	after 10 BGJ
B	39.93	59.89	79.85	99.81
C	42.65	63.99	85.33	106.67
D	53.62	80.45	107.28	134.11
E	61.85	92.75	123.65	154.55
F	90.38	135.58	180.78	225.98
G	138.13	207.20	276.27	345.34

The competency allowance indicated represents the total amount in the respective competency allowance level.

The provisions of Section IX, points 14 to 17 apply to the calculation of the employment group years; the provisions of point 22 apply mutatis mutandis to the crediting of previous periods of service in points 18 and 19 and to the advancement to the next higher advancement level. Point 21 applies mutatis mutandis to part-time employees. The exception in point 28 (economically justified cases) applies with the proviso that only a postponement of advancement is permitted. In the case of reclassification to a higher employment group, the previous competence allowance no longer applies. The entitlement to the competence allowance in the new employment group arises at the time that results from the mutatis mutandis application of Section IX, point 37 (only 2/3 credit for reclassification after the 4th BG year).
The competency allowance is considered to be part of the basic salary with regard to all entitlements (e.g. service anniversary), with the exception of the calculation basis for bonuses and the calculation of the piecework and bonus average wage.

increase in the competence allowance

2. If competency allowances within the meaning of this collective agreement are paid in amounts higher than those specified in point 1, this overpayment must be maintained on the occasion of increases in the competency allowance due to the achievement of a higher BG year, unless Section IX, points 13 and 30, or Appendix IXa, point 26 provide otherwise.

Switching between performance-related pay and time-based pay

3. If employees on an hourly wage are transferred to a performance-related wage, their wages must be reduced by the advancement values included therein. The years of employment group achieved (Section IX, Item 14) must be taken into account for the amount of the skills allowance.

If employees on performance-related pay are transferred to hourly pay and the entitlement to continued payment of the piecework or bonus average wage ends, the skills allowance is no longer applicable. At this point in time, their wages must be increased by the advancement values that correspond to the years of employment achieved, as well as by the amount of an overpayment of the collectively agreed level of the skills allowance (point 2).
If there is an entitlement to an hourly wage equal to the piecework (bonus) average wage of the last twelve months plus the last achieved skills allowance, all advancements in this BG are deemed to have been paid; the classification is made "according to 12-BG-Y". If the first skills allowance - Appendix IXa points 9 to 11 - has not yet been paid, the classification is made "according to 9 BG-Y".
The regulations in sections XII and XIII remain unaffected.

XIV. Allowances and surcharges

dirt, hardship and danger allowances

1. Dirt allowance
For work that inevitably results in an extraordinary level of dirt on the employee's body and clothing compared to normal working conditions, a dirt allowance is due.
This amounts to at least € 0.591 per hour.

2. Hardship allowance
 For work that is extremely difficult compared to normal working conditions, a hardship allowance is due. 
This amounts to at least € 0.591♦ per hour.

3. Danger allowance A danger allowance is payable
for work that inevitably involves a risk to life, health or physical safety as a result of the harmful effects of hazardous substances or radiation, heat, cold or moisture, gases, vapours, acids, alkalis, dust or vibrations or as a result of a fall or other danger.
This amounts to at least € 0.591 per hour.

4. Common provisions
The allowances under points 1 to 3 apply only to work-related stress and are paid for the working hours during which the corresponding work is carried out.

If a wage evaluation system already takes dirt, hardship and danger into account, points 1 to 3 do not apply.

If no agreement is reached within the company on the question of whether and to what extent an allowance is due in accordance with Section XIV points 1 to 3, the relevant trade association and the PRO-GE union must be called in for mediation after a two-week waiting period. If no agreement is reached here either, an arbitration committee to be formed by the collective bargaining partners should be called upon to make a decision.

5. Night work allowance *)
For each hour worked between 10 p.m. and 6 a.m., unless it is overtime, an allowance of at least € 2.524 **) ♦
is paid. If there is an entitlement to a night work allowance, an allowance according to point 6 is not due.

*) See Annex XI (adjustment clause for internal company regulations)

**) valid from 1.11.2021; from 1.11.2022: € 2,770; from 1.11.2023: € 3,016; from 1.11.2024: € 3,262; from 1.11.2025: € 3,508; from 1.11.2026: € 3,754; from 1.11.2027: € 4,000.

6. Shift allowance for work in rotating shifts *)
Employees receive
at least € 0.670 per hour for the 2nd shift **) ♦
at least € 2.524 per hour for the 3rd shift ***) ♦

*) See Annex XI (adjustment clause for internal company regulations)

**) Valid from 1.11.2021; from 1.11.2022: € 0.837; from 1.11.2023: € 1.004.

***) applies from 1.11.2021; from 1.11.2022: € 2,770; from 1.11.2023: € 3,016; from 1.11.2024: € 3,262; from 1.11.2025: € 3,508; from 1.11.2026: € 3,754; from 1.11.2027: € 4,000.

7. Assembly allowance
For assembly work – assembly, dismantling, maintenance or repair of any type of equipment outside of permanent operation (Section VIII, Point 1) – an allowance of at least € 0.913♦ is due for each hour of work.

8. Foreman's allowance
The foreman is entitled to an allowance of 10 percent of the wage (piecework or bonus average wage). This allowance is also due to employees for the time during which they are responsible for assembly work and other employment outside the permanent establishment, or for work within the permanent establishment, for at least three employees.

9. Overtime surcharges
For each hour of overtime within the meaning of Section VII, a surcharge of 50 percent is to be paid. The third and subsequent hours of overtime on a day are paid with a surcharge of 100 percent.

By way of derogation from this, on an otherwise non-working day, the 100% surcharge is only due from the 11th hour of work on that day, unless there is already a claim to a higher surcharge (e.g. overtime work after the 50th hour, Sunday and public holiday pay, night work, etc.).

In the case of multi-shift work, however, the 100% surcharge for the third and subsequent overtime hours on an otherwise non-working day is only due for work performed in extension of the usual first shift, unless there is already a claim to a higher surcharge (e.g. overtime work after the 50th hour, Sunday and public holiday pay, night work, etc.).

If more than 50 hours are worked in a working week, a surcharge of 100 percent is due from the 51st working hour onwards, provided that it is overtime.

If flexitime has been agreed, from November 1, 2019, an overtime allowance of 100% is only due for employees who work more than 50 hours in a working week if the employer has ordered overtime for these working hours beyond the 50th weekly working hour. Passive travel times outside of the notional normal working hours in accordance with Section 4b Paragraph 3 Number 4 AZG are not to be included in determining when the 100 percent allowance is due.

In order to determine from which hour the 100 percent surcharge is due, any additional work performed on that day (Section VI.a) must be included in the number of overtime hours.

In any case, overtime between 8 p.m. and 6 a.m. is subject to a 100 percent surcharge.

A surcharge of 100 percent is also due for hours worked after 6 a.m. following the end of the night shift.

For overtime worked after normal working hours on December 24 and 31, a surcharge of 100 percent is payable.

Overtime on public holidays – that is, work performed outside the normal working hours agreed for the corresponding weekday – as well as overtime on Sundays must be paid with a 100 percent surcharge from the first hour.

If the employee is called back to work overtime after leaving the company or workplace, this must be paid at a 100 percent premium. If there are generally more favourable regulations in place for such work within the company, these shall apply instead of the above sentence.

10. Sunday surcharge
For any work performed on a Sunday during normal working hours, a surcharge of 100 percent is payable on top of the remuneration for the work performed. This does not apply to flat-rate agreements in which Sunday work has been expressly stipulated.

11. Holiday pay
For any work performed on a public holiday within the regular working hours agreed for the corresponding weekday, in addition to the remuneration within the meaning of Section 9 Paragraph 2 ARG, the remuneration for the work performed (Section 9 Paragraph 5 ARG) is also due; 1/143 of the monthly salary per hour plus any applicable allowances and surcharges.

12. If several surcharges under points 9 to 11 and 14 apply simultaneously, only the highest surcharge shall apply.

13. The basic overtime or additional work pay and the basis for calculating the allowances in accordance with points 9 to 11 or Section VIa - but not for the ongoing holiday pay and the basic wage for Sunday work - is 1/143 of the monthly wage (for 38.5 hours of normal working time per week); the foreman's allowance in accordance with point 8 must in any case be included in the monthly wage.
In the case of performance-related pay in accordance with Section 96 Paragraph 1 Item 4 of the ArbVG, the basic overtime or additional work pay and the basis for calculating the allowances in accordance with points 9 to 11 or Section VIa are determined in such a way that the piecework or bonus earnings per hour (overtime, holiday hour) or other performance-related pay per hour is increased by 16.8 percent. This method of calculation can be regulated differently by works agreement, provided that this produces an equivalent result.

By determining this basis of calculation, the special payments (holiday allowance Section XVII and Christmas remuneration Section XVIII) are taken into account pro rata in the overtime pay or in the holiday and Sunday supplement.

Company regulations that include the above payments in special payments will therefore no longer apply following the introduction of this calculation basis.

14. Surcharges for weekend or holiday work when there is a temporary special need for work (Section 12a ARG pursuant to Section VI.e and Section 12b ARG pursuant to Section VI.f)
All employees who exceptionally work weekends within the meaning of Section 12a ARG pursuant to Section VI.e and Section 12b ARG pursuant to Section VI.f are entitled to a surcharge of at least 50% for each hour worked on a Saturday, unless they are entitled to a higher surcharge, and at least 150% on a Sunday. For work on a holiday within the meaning of Article VIe, a surcharge of 150% for each hour worked is also due. Point 13 applies mutatis mutandis to the calculation of surcharges. At the employee’s request, time off in lieu of payment is to be granted. This time off in lieu is to be recorded in a time account. The use of the time off in lieu is to be agreed between the employer and the employee. If no agreement is reached, the employee can unilaterally determine the use of time credits, up to three working days, subject to a notice period of 14 days. Point 12 applies.

15. For work performed within the framework of the Shop Opening Hours Act, whether as normal working hours, additional work or overtime, the employee shall be entitled to time credits or bonuses at least in the amount that salaried employees receive.

XV. Settlement and Payment

1. The accounting period is the calendar month. A different accounting period can be maintained or agreed for variable remuneration components. Cashless wage payments require an agreement with the employee.
Unless otherwise provided for in the collective agreement, values of less than EUR 5 stipulated in internal company regulations must be rounded to at least 3 decimal places - for the first time on the occasion of the changeover to the euro. However, if a calculation results in 3 or more decimal places, the monthly entitlement must be rounded to whole cents.

Companies without a works council that can only take two decimal places into account in their payroll calculations must round up when determining such values as of November 1, 2001. In subsequent years, rounding must be done commercially.

2. The employee is entitled to a clear written statement. This must show in particular:

a) the billing month,

b) the monthly wage or piecework or bonus earnings,

c) overtime,

d) allowances, bonuses and commissions,

e) compensation for absence from work, holidays, etc.,

f) special payments,

g) deductions and their assessment basis,

h) Breakdown of abbreviations or code numbers used.

If, when applying flexible working time models, additional work and overtime in return for time off, the location and duration of the time off are not specified, the employee must be informed in writing on a monthly basis, at the latest before the end of the payroll period following this accounting period, of the difference between the normal working hours (Section VI, point 1) and the working hours actually worked (± hours).

3. Payment shall be made in accordance with the agreement and shall be arranged in such a way that it does not result in an extension of working hours.

4. Due date
Payment of the monthly wage, the foreman's allowance and all lump sum claims (in particular also in accordance with Section VI/Point 4) must be made no later than the last day of the current month. Overtime, additional work, allowances and surcharges as well as expense allowances, travel time, bonuses etc. must be paid according to the services actually provided by the last day of the following month.

Employees who are permanently employed on piecework or similar bonus contracts must be paid the latest piecework or bonus average wage (Section XII/Point 18; XIII/Point 12) based on 167.4 hours by the last day of the current month at the latest. Employees who are not permanently employed on piecework or similar bonus contracts or who have not yet been employed for 13 weeks must be paid the classified wage or basic wage on the last day of the month; the difference in wages is due in the following month.

Different but equivalent arrangements can be made by works agreement; furthermore, the due date can be postponed until the 15th of the following month by works agreement, provided that the monthly salary and all variable remuneration components are paid in full and on the basis of the previous month by then.

5. Pro rata wage claims; hourly wages
In the month of entry and in the month of exit, the effective hours (hours with entitlement to pay) are to be paid, but not more than the full monthly wage. If the employment relationship does not begin on the first day of the month, but on the first normal working day of the month, the full monthly wage is due; the same applies mutatis mutandis when the employment relationship ends.

If there is no entitlement to wages for all days of a month, 1/30 of the monthly wage must be paid for each calendar day within the paid period. Individual hours without entitlement to wages must be deducted from the monthly wage.

To calculate hourly wages, the monthly wage must be divided by 167. Variable remuneration components can be calculated based on actual performance (or entitlement) or taking the above regulations into account.

Different but equivalent regulations can be established by works agreement. Equivalent regulations existing on December 31, 1999 remain in force.

XVI. Compensation for absence from work

(EFZG as amended by ARÄG 2000, Federal Law Gazette No. 44/2000; General Collective Agreement on the Concept of Remuneration pursuant to Section 3 EFZG; Sections 1154 b, 1155 ABGB)

The EFZG currently provides for the following entitlement period:

duration of the employment relationship	in case of illness (accident) per working year:
from the start of the employment relationship	6 weeks
from 5 years	8 weeks *)
from 15 years	10 weeks
from 25 years	12 weeks
full pay, half pay for each additional 4 weeks;

*) From 1 July 2018, an entitlement period of 8 weeks applies from the 2nd year of employment (BGBl. I 153/2017).

duration of the employment relationship	in the event of an accident at work (occupational disease) for each accident:
from the start of the employment relationship	8 weeks
from 15 years	10 weeks
full payment.

Entitlement to remuneration in case of illness , limited until 30.6.2018 *)

*) Paragraph 1 of Section XVI shall cease to apply to illnesses occurring after 1 July 2018.

1. Beyond the entitlement period under the Continued Remuneration Act, there is an entitlement to a collectively agreed sick pay supplement for illnesses that occurred before July 1, 2018, under the conditions of Section 2 Paragraphs 1, 2, 4 and Section 4 of the Continued Remuneration Act. This is due per working year for an employment relationship
of up to 5 years ......... for 5 weeks
from 5 years ......... for 7 weeks
from 15 years ...... for 9 weeks
from 25 years ...... for 11 weeks
beyond the respective entitlement period under the EFZG *) .

*) See note to the minutes of 22 October 2001 in Annex VI.

2. This allowance is due in the amount of the difference between the gross salary (less the employee contributions to be paid to the health insurance companies if the employee is paid in full) and the full sick pay, even if the employee receives no or only a reduced amount of sick pay from the health insurance company. Different but equivalent calculation methods can be specified by company agreement.

The salary definition of the EFZG in conjunction with the general collective agreement applies to the calculation of the salary. When calculating the sick pay supplement, the sick pay paid for days off work must also be taken into account. However, the amount of the supplement may not exceed 49 percent of the full salary within the meaning of the EFZG.

If the first three days of an illness fall within the period of entitlement to sickness benefit and no sickness benefit is paid in accordance with Section 138 Paragraph 1 ASVG, the employee is entitled to full continued payment of wages.

2a. In addition to the entitlement period under the EFZG, there is also an entitlement to a sickness benefit supplement in the event of an accident at work (occupational disease) under the conditions of Section 2 Paragraphs 5 and 6 EFZG. This is payable for each working year for an employment relationship
of up to 5 years ......... for 2 weeks
after 5 years ......... for 4 weeks
after 25 years ...... for 6 weeks
beyond the respective entitlement period under the EFZG *) . Point 2 applies to its calculation.
After this entitlement has been exhausted, the employee is also entitled to the sickness benefit supplement regulated in point 1 in the event of an accident at work (occupational disease), provided that this has not yet been used up. It can be used immediately after the sickness benefit supplement regulated in this point.

*) See note to the minutes of 22 October 2001 in Annex VI.

3. If the inability to work is the result of an accident caused by a third party that is not an accident at work, the employee will receive sick pay as defined in this collective agreement as an advance payment. This must be repaid if the third party pays him/her compensation. If the compensation claim is only partially met, the employee must repay this advance payment proportionately.

The employee is not obliged to pursue claims for damages. However, in this case he/she must assign them to the employer upon request. The employer is free to pursue the claims at his/her own risk and expense.

4. Common provisions
For claims under the Continued Remuneration Act and this collective agreement, overtime is considered regular within the meaning of the general collective agreement on the concept of remuneration if it was performed for at least 7 weeks in the last 13 weeks (or three months or calendar quarter) before the employee was prevented from working.

To calculate the average salary and the sickness benefit supplement in accordance with points 1 and 2, the three completed contribution periods prior to the illness that coincide with the period used to determine entitlement to overtime must be taken into account. Periods without entitlement to salary must be excluded.

A works agreement can stipulate that overtime is considered regular if overtime was worked in at least 7 of the 12 calendar months before the absence from work. In this case, the last 12 calendar months are to be used to calculate the average. Any wage increases in the meantime must be taken into account. Otherwise, the above provisions apply accordingly.

5. If the entitlement under the Continued Remuneration Act is changed to the calendar year by means of a works agreement, Section 2 Paragraph 8 of the Continued Remuneration Act shall apply.

5a. Obligation to provide evidence
Employees are not obliged to provide evidence of incapacity to work lasting up to 3 days or of absences due to doctor's appointments, official business, etc., unless such evidence is requested from the majority of the company's employees. Section 8 Paragraph 5 of the EFZG remains unaffected.

Other remuneration cases (§ 1154 b ABGB)

The employee is entitled to be released from work with continued payment of remuneration if he/she is prevented from performing his/her services due to the following cases:

6. On the occasion of the death and attendance at the funeral of a parent, spouse, life partner, registered partner within the meaning of the EPG or a child; in the case of stepchildren or adopted children only if they lived in the same household as the employee: 3 working days.

7. On the occasion of one’s own marriage or registration within the meaning of the European Patent Act: 3 working days.

8. On the occasion of the death and attendance at the funeral of a sister, brother, step-parent, grandparent, parent-in-law or parent of the registered partner , even if they did not live in the same household as the employee: 1 working day.
For other family members only if they lived in the same household as the employee: 1 working day.

8a. If the funeral takes place in the country but outside the employee’s place of residence, the employee shall also be entitled to the necessary free time for the journey to and from the place of funeral, up to a maximum of one additional day.

9. On the occasion of the wife or partner’s childbirth: 1 working day.

10. When attending a funeral, if such a visit is made in agreement with the employer: the time demonstrably necessary.

11. In the event of a change of residence with his/her own furniture: 2 working days.

12. On the occasion of the marriage of a child, stepchild, adopted child or the child of the registered partner within the meaning of the EPG: 1 working day.

13. On the occasion of the marriage of a brother or sister, if this falls on a working day of the employee: 1 working day.

14. The employee shall also retain the right to remuneration if he/she is prevented from performing work for a relatively short period of time due to other important personal reasons for which he/she is not responsible.

This applies in particular to visits to a doctor, dentist or outpatient clinic if this is not possible outside working hours, to official, administrative and judicial procedures and to the first attempt at a driving test (except for classes A).

Continued payment of remuneration is not required if the employee receives full compensation under public law. Furthermore, there is no entitlement within the meaning of this section for the care of a child under the age of 12 for the second week of care leave, but based on Section 16 Paragraph 2 of the Holiday Act.

15. Claims under points 6, 7, 8 and 9 as well as 11 and 12 shall also apply if the event in question falls on a day off for the employee, but must be consumed in connection with the event in question.

Claims for remuneration for reasons that are not the responsibility of the employee (§ 1155 ABGB)

16. The employee shall be entitled to remuneration for work that was not performed if he/she was willing to perform the work and was prevented from doing so by circumstances on the employer's side; however, unless he/she refrains from performing the work during the notice period, he/she must be credited with what he/she has saved as a result of not performing the work or what he/she has acquired through other employment or what he/she has intentionally failed to acquire.

If, as a result of such circumstances, he/she has suffered a reduction in the amount of time he/she can work, he/she shall be entitled to appropriate compensation.

However, if the complete or partial closure of the company, individual departments or individual workplaces is necessary or - if this fact is established by mutual agreement between the employer or his/her representative and the works council - the work cannot be performed due to weather conditions, the employee is obliged to temporarily carry out work other than that specified in the employment contract but which is nevertheless reasonable.

Paid exam preparation

17. *) To prepare for the vocational school leaving examination ("Berufsmatura"), HTL or HAK Matura, and to prepare for the first time attempt at the apprenticeship examination in the case of exceptional admission in accordance with Section 23 Paragraph 5 Letter a BAG, one week of free time with continued payment of wages is to be granted. The entitlement is one week in total, regardless of whether the examination is taken in one or in partial examinations. The free time for exam preparation can also be taken on an hourly basis; the time required to take a (partial) examination (including travel time) cannot be counted towards the entitlement to time off. Agreement must be reached on the time when the time off is to be taken. If this cannot be achieved, the period of time off covers the last 7 calendar days before the examination or the last partial examination.

*) See note to the minutes of 30 October 2007 in Annex VIb.

Unpaid study leave

18. Employees must be granted unpaid time off of up to two weeks per calendar year at their request in order to prepare for an exam as part of a relevant further training course at a vocational secondary or higher school, a university or a technical college, to prepare for the vocational school leaving examination ("Berufsmatura") or university entrance examination. Any time off taken in accordance with point 17 can be credited towards this entitlement.

Agreement must be reached with the employer regarding the use of the leave. These periods are not considered an interruption of the employment relationship. In the event of a disagreement, the arbitration provisions of the Holiday Act (Section 4) apply accordingly.

XVII. Vacation and vacation allowance

1. The Federal Law on the Standardisation of Holiday Rights and the Introduction of Care Leave (Federal Law Gazette No. 390/76) in its currently valid version shall apply to holiday entitlement.

2. The amount of holiday entitlement shall be 30 working days for a period of service of less than 25 years and shall increase to 36 working days after the completion of the 25th year, taking into account any prior periods of service.

After two years of employment, an employee who has completed studies at a middle school or a higher school and passed the school leaving examination (Matura) shall be credited with three years of service for the purpose of calculating the length of leave, unless these years have already been taken into account as years of service for the purpose of leave.

During the holiday, the employee may not perform any gainful activity that contradicts the recreational purpose of the holiday.

3. The employee cannot be obliged to use vacation time during the notice period.

4. In the case of short-time work, the unreduced weekly working hours shall be used as the basis for calculating holiday pay.

vacation allowance

5. The employee is entitled to a holiday allowance once every calendar year in addition to the statutory holiday pay. This holiday allowance amounts to one month's salary (Section X), regardless of the length of service.

6. The holiday allowance is due when the holiday is started. If the holiday is split, only the corresponding part of the holiday allowance is due. Regulations according to which the payment is made uniformly for all employees on a specific date, regardless of when the holiday was used, can be set out in a works agreement. However, the holiday allowance is due no later than September 30 of each year.

7. In the year of entry, employees receive the pro rata portion of the holiday allowance from the date of entry until the end of the calendar year (1/52 per week). This is due when the holiday begins.

If holiday entitlement is not acquired by the end of the calendar year or the holiday is not taken, this pro rata holiday allowance will be paid out with the December payroll; from 1 January 1999, this pro rata holiday allowance will be paid out with the Christmas remuneration.

8. Employees whose employment relationship ends after they have used up a holiday and received the holiday allowance, in the case of a uniform payment (point 6) regardless of whether a holiday has been used, but before the end of the calendar year, must repay the portion of the holiday allowance attributable to the remainder of the calendar year if the employment relationship is terminated in one of the ways below.

a) termination by the employee,

b) dismissal due to the fault of the employee (Section 82 of the German Trade Code),

c) Withdrawal without good cause.

9. Employees whose employment relationship ends before they have used up their holiday entitlement, or before they receive the holiday allowance in the case of a uniform payment (point 6), are entitled to the pro rata part of the holiday allowance, in accordance with their length of service in the calendar year (1/52 per week). This entitlement does not apply in the case of:

a) dismissal due to the fault of the employee (Section 82 of the German Trade Code),

b) Withdrawal without good cause.

10. If periods of military service or parental leave fall within a calendar year, the holiday allowance (1/52 per week) shall be reduced proportionately.

Calculation of holiday pay and holiday allowance

11. Holiday pay is calculated in accordance with the provisions of the Federal Law on the Standardization of Holiday Rights and the Introduction of Care Leave (Federal Law Gazette No. 390/76) and the General Collective Agreement of February 22, 1978 on the concept of pay pursuant to Section 6 of the Holiday Pay Act.
Section XVI, point 4 applies mutatis mutandis to the inclusion of overtime and the calculation of averages.

The holiday allowance is calculated in accordance with the provisions on the concept of earnings (Section X).

XVIII. Christmas Remuneration

1. All employees are entitled to a Christmas bonus in each calendar year amounting to one month's salary (Section X) in accordance with the following provisions:

2. The Christmas bonus must be paid out with the monthly salary for November. If the due date of the monthly salary has been postponed by a works agreement, the Christmas bonus must be paid out by the end of the working week in which December 1st falls at the latest. *)
For employees who join later, the Christmas bonus must be paid out with the December payroll.

*) For establishments which have not yet switched to monthly wages: at the end of the working week in which 1 December falls (see Annex VIII).

3. Employees who have been employed by the company for less than one year by the end of the calendar year or whose employment relationship ends before the end of the calendar year are entitled to a portion of the Christmas bonus corresponding to their length of service (1/52 per week).

4. This entitlement shall not apply if the employment relationship is terminated by

a) dismissal due to the fault of the employee (Section 82 of the German Trade Code),

b) Withdrawal without good cause.

5. Employees whose employment relationship ends after receiving the Christmas bonus but before the end of the calendar year must repay the portion of the Christmas bonus attributable to the remainder of the calendar year if the employment relationship is terminated in one of the following ways:

a) termination by the employee,

b) dismissal due to the fault of the employee (Section 82 of the German Trade Code),

c) Withdrawal without good cause.

6. If periods of military service or parental leave fall within a calendar year, the Christmas remuneration (1/52 per week) shall be reduced proportionately.

Calculation of Christmas Remuneration

7. The Christmas bonus is calculated in accordance with the provisions on the definition of earnings (Section X).

XVIII.a Jubilee allowance

After an uninterrupted period of employment,

for the 25th anniversary of service .......... 1 monthly salary
for the 35th anniversary of service ........ 2 monthly salaries
for the 45th anniversary of service ........ 3 monthly salaries

as an anniversary bonus.

If the employment relationship ends between the 40th and 45th year of service through no fault of the employee (dismissal due to fault or resignation without good cause), the employee is entitled to a pro rata share of three months' salary corresponding to the length of service completed in this five-year period.

If there are company regulations on anniversary payments or other special payments that depend only on the duration of the employment relationship and are not granted on an ongoing basis, these shall apply instead of the above regulation, provided that they are at least equally favourable overall.

At the request of the employee and if this is operationally possible, as an alternative to the monetary entitlement, all service anniversaries, provided they are due during the employment relationship, can be converted into time credits from the due date. In this case, for full-time employees, a monthly salary corresponds to 22 working days or 22 shifts. If full-time employees regularly work fewer than five days in a calendar week due to an agreement, the days off must be adjusted accordingly (regular working days x 4.33 calendar weeks). The entitlement for part-time employees is calculated pro rata (average working days in the last 12 months before the service anniversary).

Transitional regulation: If an anniversary bonus is due between November 1, 2019 and March 31, 2020, the employee can claim a conversion. However, the actual conversion of money into time can only be claimed from April 1, 2020.

The conversion of these monetary claims into time credits must be agreed in writing in advance between the employer and the employee. The conversion of monetary claims (as a result of the 35th or 45th anniversary of service) can also be partially converted into time credits (e.g. one month's salary into time and one month's salary into money). However, the conversion must always include full monthly salaries. The adjustment of existing works agreements must be made by January 31, 2020. The conversion of monetary claims into time credits does not constitute an agreement for part-time employment.

The employee decides when the time credits are to be used, but he or she must seek agreement with the employer. If agreement cannot be reached, the employee can unilaterally determine the time at which they are to be used, with four weeks' notice.

Existing time credits are to be paid out at the end of the employment relationship based on the current monthly salary at the time the employment relationship ends, provided that the time credits have not yet been used up. If the employment relationship is terminated by the death of the employee, any unused time credits go to the legal heirs. If there are no such entitled persons, the amount paid out goes to the estate.
Additional regulations can be made through company agreements.

XIX. Dispatch

1. The Federal Law Gazette No. 107/79 (Workers' Severance Pay Act) and the Night Work Act (Federal Law Gazette No. 354/81) in their currently valid version apply to severance pay.
The Workers' Severance Pay Act currently provides for the following severance pay levels: After an uninterrupted period of employment of
3 years ...... 2 monthly salaries
5 years ...... 3 monthly salaries
10 years ...... 4 monthly salaries
15 years ...... 6 monthly salaries
20 years ...... 9 monthly salaries
25 years ...... 12 monthly salaries

2. The right to severance pay also exists if the employment relationship has lasted for five years without interruption and the employee terminates it in compliance with the notice period provided for in the collective agreement for the following reasons:

(a) Upon reaching the age of 65 (men) or 60 (women);

b) In the case of claiming early retirement pension in accordance with Section 253b ASVG or Article X NSchG.

3. If, on the death of the employee, the legal heirs whom he or she was legally obliged to support are minors who have not yet turned 18 at the time of death, the full severance payment is due. This also applies if such legal heirs have turned 18 but are in an apprenticeship and are entitled to family allowance in accordance with Section 2 Paragraph 1 Letters b or c of the Family Burden Equalization Act. In these cases, the severance payment is due jointly to the legal heirs whom the testator was obliged to support at the time of death and to the widow or widower or registered partner within the meaning of the EPG, and is divided equally between them. Under no circumstances will more than the full severance payment be due in total in the event of death.

If a spouse or registered partner within the meaning of the EPG, but no minor relative within the meaning above, is present at the time of death, the entitlement to half the severance pay increases to 70 percent of the full severance pay in accordance with the Workers' Severance Pay Act. This entitlement exists regardless of whether the surviving spouse or registered partner was entitled to maintenance at the time of death or not. However, the prerequisite is that the marriage or registered partnership lasted three years at the time of death.

calculation of severance pay

4. The statutory provisions apply to the calculation of remuneration; in the case of performance-related remuneration pursuant to Section 96 Paragraph 1 Item 4 of the ArbVG, the 13-week average based on normal working hours is to be used as the basis.

If part-time employment is agreed upon instead of full-time employment within 5 years before the end of the employment relationship, the remuneration from full-time employment must be taken into account when calculating the severance payment according to the following principles:

The number of months of severance pay must be determined based on the total length of service. The pro rata ratio of part-time and full-time employment within the entire employment relationship must then be determined. The number of monthly salaries must be divided according to the ratio thus determined. Based on this division, the severance pay shares must then be determined based on the monthly calculation bases for full-time and part-time employment and the total severance pay must be determined. To determine the calculation basis for full-time employment, the last monthly salary must be increased accordingly due to part-time employment (in the ratio of the actual number of hours per week to the normal working hours at the end of the employment relationship). However, the monthly salary thus increased is reduced by the increase in the hourly or monthly wage that occurred in connection with the change to part-time work and was justified by this.

Equivalent other arrangements for taking full-time employment into account can be concluded by works agreement or, where no works council has been established, by individual agreement.

Should a legal regulation be introduced regarding severance pay when moving from full-time to part-time employment, discussions will be initiated on a corresponding amendment to this collective agreement.

These provisions do not apply to cases where severance pay is paid upon transition to part-time employment.

These provisions shall apply mutatis mutandis to cases in which a reduction in part-time employment is agreed.

Normal working hours that are shorter than the normal working hours stipulated in the collective agreement are not considered part-time if they apply to the entire company or parts of the company and do not deviate significantly from the normal working hours of the company.

creditability of other services

5. If, upon termination of the employment relationship, benefits such as pension supplements, company pensions and similar benefits are provided by the employer or a support institution maintained in whole or in part by the employer, these benefits will be suspended during the severance payment period. (This is the number of severance payment months provided for in accordance with Section 23 Paragraph 1 of the AngG based on the length of service.)

Switch to the "new severance pay" system

6. If the employer and employee agree to transfer from the severance pay law of the Salaried Employees Act/Workers' Severance Pay Act to that of the BMSVG (Company Employee and Self-Employed Pension Act), the employee is entitled to withdraw from the transfer agreement within one month of signing it without giving reasons. This does not apply if the content of the transfer agreement is determined by a works agreement in accordance with Section 97 Paragraph 1 Item 26 ArbVG (establishment of framework conditions for transfer to the severance pay law of the BMSVG).

XX. Expiration of claims

1. The statute of limitations and forfeiture of all claims between employer and employee are exclusively governed by the statutory provisions. The three-year limitation period also applies to the reclaim of remuneration paid in error.

2. By way of derogation,

Overtime pay, Sunday and holiday bonuses,
dirt, hardship and danger allowances,
travel expenses and
travel time allowances

otherwise they will expire and must be asserted orally or in writing within 6 *) months after they become due or become known; this does not apply if they are part of equal treatment claims within the meaning of the GlBG.

*) The extension of the limitation period from 4 to 6 months applies to claims that become due or known after October 31, 2006.

3. A waiver by the employee of his/her claims upon termination of the employment relationship can be legally revoked by him/her within 5 working days after the final settlement has been issued.

XXI. Preferential Clause

1. Company agreements which place the employee in a more favourable position than this collective agreement remain unaffected (Section 3 ArbVG).

2. When this collective agreement comes into effect, all previously applicable collective agreements within its scope of application shall cease to apply, with the exception of the collective agreements pursuant to Section 12a ARG.

Annex I

Sample of a Service Record

in the version valid from 1 November 2005

(company header)

service note

1. Employer (name and address) ..................................................

................................................ ................................................ ...............

2. Employee:
Mr/Ms: .................................................................................................
Address: ...................................................................................................

3. Due to the company’s membership of the trade association

................................................ ................................................ .................

The collective agreement applies to the iron and metal producing and processing industry.

4. Start of the employment relationship: ................................................
The probationary period is ....................................................................... *) .
The employment relationship is limited until ............................................... *) .

5. The notice period and termination date are governed by the collective agreement.

6. Usual place of work (deployment), if necessary reference to changing places of work (deployment):

................................................ ................................................ .................

7. Classification in collective wage agreement:

– Employment group: ......................
Advancement/competence allowance level: ......................

– Credited employment group years: ......................

– Periods of employment in employment group F (before 1 November 2005 LG 1) proven at the time of recruitment: ......................

8. Intended use: .........................................................................................
Secondment for business trips or assembly work:

in the country Ο Yes O No

abroad Ο Yes O No

9. Initial salary/starting wage (basic wage, other remuneration components *) .

Special payments: If no arrangement is made, the collective agreement applies. Due date of payment, unless regulated by collective agreement ........... .

The remuneration will be transferred cashlessly to an account specified by the employee.

O Yes O No

10. The amount of annual vacation is governed by the provisions of the Vacation Act or the collective agreement.

11. The normal weekly working hours are based on the collective agreement and are .......... hours. Your normal working hours are ....... hours *) . (If longer working hours than the normal working hours stipulated in the collective agreement are legally possible.)

For part-time employment: The weekly working hours are ..... hours *) .

12. Furthermore, works agreements concluded between the business owner and the relevant bodies of statutory employee representation on the business or company side within the meaning of the Labor Constitution Act shall apply in accordance with their scope of application.

These are available for inspection in ........................ in accordance with the Labor Constitution Act.

13. Name and address of the employee pension fund:

................................................ ................................................ .

........................................., on ....... ........... .................................

*) Please delete if not applicable.

Annex Ia

transitional service certificate

Employer (name, address): ...................................................................

................................................ ................................................ .................................

Employee (name, address): ................................................................

................................................ ................................................ .................................

Start of the employment relationship: ...................................................................

Previous classification
wage group ........................
Basic wage as of 31.10.2005 EURO ........................

Classification on 1.11.2005
Employment group ........................
Promotion level ........................
First promotion on/Entitlement to competency allowance from *) ........................
Monthly minimum wage from 1.11.2005 EURO ........................
Actual wage from 1.11.2005 EURO ........................

Transitional law 2005 **)
Within the framework of the transitional provisions, the current actual wage will be brought up to the new minimum wage in stages, starting on 1 November 2005 with an additional increase of EURO ............... on every 1 November. The last stage only includes the increase to the minimum wage then in force.

*) Delete where inapplicable.

**) Only fill in if applicable.

Annex II

Agreement on the increase of monthly wages, piecework, bonus earnings and allowances

employees on hourly wages

1. The actual monthly wages of employees employed in the companies, with the exception of industrial apprentices, will be increased by 3.55% from 1 November 2021.

If the actual wages increased in this way do not reach the new minimum wages, they must be increased accordingly. Flat-rate overtime payments must be increased by the same percentage.

Employees employed on piecework contracts

2. a) The standard piecework rates will be increased by 3.55%.

(b) If the piecework rates thus increased do not reach the new minimum wages (basic level), they shall be increased accordingly.

(c) If the average piecework wages for the employment groups determined in this way are not 30 percent above the respective minimum wage (basic level), the piecework rates must be increased again.

(d) The 13-week average wages applicable in the establishments at the time this Agreement enters into force shall be increased by the same amount as the standard piecework rates for the corresponding employment groups.

Employees on bonus payments

3. For employees within the meaning of Section XIII (bonus work), the following procedure shall apply:

a) First, the basic wage of employees must be increased by 3.55%. If
the basic wage thus increased does not reach the new collective agreement wage in Section IX of the collective agreement, it must be increased to this amount.

(b) If the bonus is fixed as a percentage of the basic wage, the bonus shall in future be calculated on the basis of the new basic wage, while maintaining the previous percentage.

(c) The premium rates fixed in fixed amounts shall be increased by 3.55%.

allowances

4. Allowances, to the extent that they are specifically mentioned in the collective agreement, shall be increased by 3.55%.

Once the increase has been implemented, it must be checked whether the minimum amounts stipulated in the collective agreement have been reached. If this is not the case, these must be increased accordingly.

final provisions

5. After implementation of the increase referred to in points 1 to 4, in compliance with the provisions on the date of application, the requirements of this Annex II shall be deemed to be complied with.

Minutes of November 4, 2013

The Gas and Heat Supply Companies Association (FGW) and the trade unions PRO-GE and GPA-djp agree to start talks on a redesign of the collective agreement-based distribution of working hours after the conclusion of this collective agreement.

Minutes of October 29, 2012

a) The parties to the collective agreement point out the possibility of extending the averaging periods within the company in accordance with the protocol to the collective agreement of 5 November 2008 and, in connection with the necessary job security and maintenance of the company's competitiveness, recall their willingness to support consensual measures.

b) A working group shall be set up between the parties to the collective agreement to deal with issues relating to age-appropriate working hours and related matters.

c) The collective agreement parties agree to continue discussions on the specific requirements of the gas/heat utility companies.

Annex III

Agreement on the reorganization of working hours from 1 November 1986.

Articles I to IV are incorporated into the collective agreement.

Articles V to VII remain in force.

Annex IV

regulation regarding appropriate accommodation

An overnight accommodation option in an appropriate manner in accordance with Section VIII of this collective agreement only exists if, in addition to the criteria of the Employee Protection Act and the Employee Protection Ordinance, it meets at least the following requirements:

1. Where possible, employees shall be provided with permanent accommodation.

2. Where possible, employees should be provided with single or double rooms, whereby a single room must be at least 8 m² and a double room at least 12.5 m². Double beds are not permitted. Bedding and bed linen must be provided and changed at least every two weeks. Each bed must have a bedside table or similarly suitable furniture.

Rooms must have electric lighting. In addition to the room lighting, which must illuminate the entire room perfectly, separate lighting must also be provided for the bed and washbasin. The existing lighting must also enable reading and writing at the table perfectly. A socket with voltage indication must also be available.

3. The rooms must be protected from outsiders by curtains or other suitable devices. If the rooms cannot be locked, a lockable wardrobe with compartments, storage and hanging options and coat hangers must be provided.

4. Washing areas must be equipped with hot and cold water. One shower facility must be provided for every eight employees.

The washing areas must be equipped with a mirror and a shelf.

5. For every eight employees, there must be one lockable, ventilated toilet cubicle equipped with a flush toilet. Fractions count as full units.

6. The employer must ensure regular cleaning of the quarters at his own expense.

7. If possible, the quarters should also be equipped with sufficiently large common rooms.

8. Facilities for preparing and heating food as well as cooling devices (refrigerators) and waste containers must be available to employees in sufficient quantities.

If this is not possible for commercial landlords, these facilities must be available at the installation site.

9. The quarters are also considered appropriate if there are only minor deviations from the stated standard. This will apply in particular if compliance with these criteria is difficult due to the local situation or the volume and duration of the construction site. In addition, a different arrangement can be made by agreement with the works council.

10. This regulation shall enter into force for new construction sites established from 1 April 1991.

Annex IVa

glasses for computer work

If the use of special glasses with special vision correction for work on a display screen device (Section 67 Paragraph 1 ASchG) is prescribed by an ophthalmologist, the employer must cover the necessary costs that go beyond the benefits possibly paid by a social insurance provider, provided that work with or on a display screen device is decisive for the entire activity.

The standard underlying the benefit in kind provided by the health insurance provider (without regard to any deductible) is decisive for the reimbursement of costs.

Annex V

Protocol of 18 September 1995

Authentic interpretation of sections XVII/10 and XVIII/6:

Periods of employment without entitlement to remuneration do not reduce the entitlement to special payments, except in the cases expressly stated in the law (e.g. Sections 14(4) MSchG, 15f(1) MSchG, 7c VKG, 10 APSG, 119(3) ArbVG). No special payments are due for periods of unjustified absence from work. For periods of voluntarily agreed non-performance of work without remuneration, the non-performance of special payments can be agreed (except for unpaid leave for training and educational events within the meaning of Section 118 ArbVG beyond the duration provided for therein). If the employee receives full compensation (including special payments) on the basis of public law provisions, the claim against the employer is void.

Annex VI

Protocol of 7 October 1997

Final Protocol to Section VI, Item 19a:

The contracting parties agree that arrangements concluded in compliance with the provisions applicable before the 1997 amendment to the Working Hours Act in conjunction with the amendments to the collective agreement in the course of the reduction in working hours in 1986 (Section VI and Section VIa) remain valid and can continue to be concluded.

The prohibition on combining the work time models previously covered by collective agreements (VI/16 to 19 and 21) does not preclude induction within the meaning of point 17, provided that the induction takes place evenly, that a weekly working time of 40 hours is not exceeded and that the time at which the work is used is fixed in advance.

The contracting parties clarify that overtime will also be incurred in weeks with less than 38.5 hours of normal working time if the daily or weekly normal working time applicable to the employee due to the extended range is exceeded.

With regard to the continued payment of travel time allowance, the regulation is to be understood in such a way that, for example, if travel time allowance is only paid for arrival and departure (remote assembly), a day off work between arrival and departure does not result in a loss of work and therefore no continued payment is due. However, if, for example, a posting does not take place in connection with periods off work due to time off in accordance with point 19a and travel time allowance is therefore not paid, continued payment is due.

The following regulation applies to the Association of Technical Building Equipment Suppliers for the State of Vienna from 1 November 1997:

Section VI, point 16, third paragraph is amended as follows for this area:

"If operational requirements so require, weekly working hours may be distributed over a period of up to nine weeks in such a way that the weekly average does not exceed the applicable normal working hours."

Paragraph 4 is deleted.

Protocol of 20 October 1997

Transitional provisions to Section VIII/2 and 6:

In companies in which, due to agreements or practices in place on October 31, 1997, higher travel time allowances are due overall than under the new version of Section VIII/6 applicable from November 1, 1997, the new version of Sections VIII/2 and 6 will not come into force for the duration of these regulations. The version valid until October 31, 1997 will remain in force, with the proviso that the expense allowance is due at the rate applicable for employment within 4 km.

This regulation neither consolidates nor calls into question existing agreements.

Minutes of 19 October 1998:

The contracting parties agree that negotiations shall be entered into with regard to any amendments to this collective agreement which serve to ensure equal treatment of workers and employees (in particular with regard to termination provisions, sick pay and special payments) if different legal provisions come into force.

On Section XVI:

If a claim to continued payment of wages in accordance with the EFZG or, in addition, to a sickness benefit supplement for a period of up to two weeks has already been exhausted before 1 November 1998, the right to further sickness benefit supplement only arises for cases of illness beginning after this date.

Minutes of 22 October 2001:

On Section XVI:

The collective bargaining parties agree to review the provisions on sick pay supplements in the event of a change to the statutory continued payment of wages in the event of illness or an accident at work.

Minutes of 18 October 2002:

Regarding Section VIb:

The collective bargaining partners agree that the new provisions in Section VIb neither consolidate nor call into question existing works agreements. They recommend a mutual revision of the works agreements in force on 31 July 2002 and authorise this, provided that these have not already expired due to their own provisions on the period of validity.

Minutes of 20 October 2003:

Regarding Section VId:

The collective bargaining parties agree to immediately begin negotiations on a new regulation of Section VId if the statutory provisions on part-time retirement are changed.

Clearance:

The provisions of this collective agreement relating to severance pay that existed on July 1, 2002 apply to employees subject to the BMVG only to the extent that they have not been repealed for these employees by the BMVG. This also applies mutatis mutandis to the regulations concluded since then.

Minutes of November 5, 2008

Regarding Section VI, point 19a:

In individual companies that operate in business areas agreed upon by the collective bargaining parties with typically multi-year, regularly recurring economic cycles, an averaging period of more than one year can be provided for in order to test whether this can secure employment in phases of lower capacity utilization. Such an arrangement can only be made by works agreement and requires the consent of the collective bargaining parties to be legally effective. The same applies to companies with foreseeable employment problems.

Minutes of November 16, 2009

Authentic Interpretation of Section VIII/1

A business trip also exists if the employee fulfils his or her actual work obligation by making the journey.

Minutes of November 6, 2010

The collective agreement parties agree to formulate the collective agreement in a gender-equitable manner. They mutually declare that no substantive legal changes are intended through this new formulation.

Protocol to the collective agreement of 1 June 2016

Existing options for arranging working hours based on collective agreement provisions in Section VI remain unaffected by the provisions of point 19b. Existing time credits from agreements in line with collective agreements can be transferred to the time account model by means of a works agreement (agreement with PRO-GE).

Annex VIa

Minutes of 23 September 2005:

Regarding Section IX, points 7 and 11:

The collective bargaining parties state that – in accordance with case law – the “consideration of the totality of the activities performed” (Section IX, Item 7; Classification) must include not only the assessment of the duration of the individual activities, but also their importance for the employer. The collective bargaining parties also state that tasks that lead to classification in employment groups H to K require the performance of activities within the meaning of the Salaried Employees Act.

Regarding Section IX, Point 11:

Classification in BG D on the basis of the second paragraph is also possible upon completion of an integrated vocational training course, provided that it can be proven that essential parts of the apprenticeship have been learned and that these are relevant to parts of the activity.
Completion of a BMS or BHS as a prerequisite for classification in BG D or E requires that the school education is relevant or related to the vocational training characteristic of the activity performed.

Regarding Annex IXa, point 1:

The collective agreement parties agree that individual contractual improvements compared to the collective agreement in the version of November 1, 2004 with regard to classification into wage groups remain unaffected and are to be used as a basis for applying the transfer table.

Annex VIb

Minutes of October 30, 2007

The collective bargaining parties note that the provision in Section XVI, Item 17 does not restrict the provisions of Section 2d AVRAG.

Annex VII

Joint declaration of the collective bargaining partners on educational leave and recommendation on the early warning system

educational leave (Section 11 of the Employment Contract Law Adjustment Act)

The collective bargaining partners agree to support the new instrument of educational leave introduced by law through joint recommendations.

The details of the educational leave should be regulated by company agreement. Access to educational leave measures should be regulated internally in such a way that the greatest possible agreement is achieved between the company's objectives and the appropriate training that can be implemented in the company and the employees' interest in education and qualifications.

In this sense, support should primarily be given to training leave where, due to the training content and duration, there is a high probability that the level of education and qualification will improve after completion of the training.

The collective bargaining partners agree to provide for the possibility of educational leave, particularly when returning to work. Existing dismissal protection provisions should also be maintained during educational leave.

The employer should approve employees' applications for educational leave and conclude a corresponding agreement if the company's interests are not adversely affected and there is a guarantee on the basis of the training that the relevant further training can be used in the company.

In this case, the company should assume any accrued social security costs and other expenses in connection with the educational leave after an agreed period of continued employment. Under these conditions, the leave period should also be taken into account for claims based on the length of service.

early warning system (§ 45a AMFG)

The collective bargaining parties recommend taking action as early as possible in accordance with Section 45a AMFG (statutory minimum notification period of 30 days) to support the measures intended to prevent unemployment.

Joint declaration of the collective bargaining partners on training and further education

The collective bargaining partners emphasize the importance of training and continuing education measures for companies and employees. They recommend promoting the educational interests of employees and taking into account possible company considerations. They emphasize that the non-discriminatory inclusion of women in training and continuing education measures is an important common concern. It is equally important to contribute to improving the employability of older employees through timely further training.

Annex VIII

introduction of the monthly wage

From January 1, 2001 at the latest, all employees are entitled to a monthly salary.

The hourly wages existing before the introduction of the monthly wage (including those provided for in company wage schemes) are to be multiplied by 167.4 (if introduced on 1 November, they must then be increased in accordance with Annex II). Existing monthly wages calculated on the basis of 167 hourly wages are to be multiplied by 1.0024 (167.4 : 167) (if applicable before the application of Annex II). Revaluation factors to be calculated analogously apply to all monthly wages calculated on the basis of less than 167.4 hourly wages. For part-time employees, the existing hourly wages are also to be multiplied by the factor according to the above regulations, then divided by 38.5 and multiplied by the agreed number of weekly hours.

Annex IX

Applies to the Association of Gas and Heat Supply Companies

By way of derogation from or in addition to Section IX and Annex IXa, the following provisions shall apply:

1. Minimum wage table from 1.11.2021 ♦ according to Section IX, Item 20

	elementary level	after 2 years	after 4 years	2 years	4, 6, 9 years
				advancement values
	elementary level	after 2 years	after 4 years	2.4 years	6, 9, 12 years
A	2,141.23	2,182.42	2,223.61	41.19
B	2,141.23	2,182.79	2,224.35	41.56	20.78
C	2,285.76	2,330.18	2,374.60	44.42	22.24
D	2,501.98	2,557.92	2,613.86	55.94	27.96
E	2,830.41	2,893.73	2,957.05	63.32	31.66
F	3,191.01	3,284.19	3,377.37	93.18	46.60
G	3,704.59	3,849.01	3,993.43	144.42	72.22
H	4,061.69	4,220.03	4,378.37	158.34	79.19
I	5,098.91	5,297.72	5,496.53	198.81	99.40
I (M III-15%)	4,334.05	4,503.02	4,671.99	168.97	84.48
J	5,632.03	5,851.82	6,071.61	219.79	109.89
K	7,137.02	7,415.52	7,554.78	278.50	139.26

				advancement values
	after 6 years	after 9 years	after 12 years	2.4 years	6, 9, 12 years
A				41.19
B	2,245.13	2,265.91	2,286.69	41.56	20.78
C	2,396.84	2,419.08	2,441.32	44.42	22.24
D	2,641.82	2,669.78	2,697.74	55.94	27.96
E	2,988.71	3,020.37	3,052.03	63.32	31.66
F	3,423.97	3,470.57	3,517.17	93.18	46.60
G	4,065.65	4,137.87	4,210.09	144.42	72.22
H	4,457.56	4,536.75	4,615.94	158.34	79.19
I	5,595.93	5,695.33	5,794.73	198.81	99.40
I (M III - 15%)	4,756.47	4,840.95	4,925.43	168.97	84.48
J	6,181.50	6,291.39	6,401.28	219.79	109.89
	after 6 years	after 9 years		2 years	4, 6, 9 years
K	7,694.04	7,833.30		278.50	139.26

2. Section IX, point 40 and Annex IXa, point 24

height of the distribution volume

Deviating from Section IX, Item 40 and Annex IXa, Item 24, the percentage in the third sentence is 100% instead of 75% (in BG G to BG J 5/6) from the date the distribution volume takes effect.

3. Limit/increase table according to Annex IXa, point 5

from wage group	in employment group	limit/increase amount in EURO
7	B	60,--
6	C	60,--
4	D	68,--
3	E	70,--
2	F	70,--
1	G	90,--

In addition to the provisions of Annex IXa, point 5(b), the following applies: The increase as of 1 November 2005 shall, however, comprise at least the amount by which the salary would have been increased in the event of reclassification in accordance with the reconciliation table (Annex IXa, point 1; i.e. without the upgrade).

4. Classification of employees in wage group technicians in wage group G according to Annex IXa, point 6

For employees in the technician wage group whose wage on 1 November 2005 is more than €75.00 below the basic level of employment group G, the regulation on the limit/increase amount can be applied in the same way, whereby the limit/increase amount is €75.00.

5. Annex IXa, table according to point 7

	basic wage in euros on November 1, 2005
employment groups	less than	from to	from to	from to	more than
A	1,398.66	more than 1,398.66
B	1,414.42	1,414.42 1,442.14	1,442.15 1,456.01	1,456.02 1,469.88	1,469.88
C	1,514.32	1,514.32 1,544.00	1,544.01 1,558.85	1,558.86 1,573.70	1,573.70
D	1,666.45	1,666.45 1,703.91	1,703.92 1,722.64	1,722.65 1,741.37	1,741.37
E	1,887.93	1,887.93 1,930.37	1,930.38 1,951.60	1,951.61 1,972.83	1,972.83
F	2,145.10	2,145.10 2,207.57	2,207.58 2,238.81	2,238.82 2,270.05	2,270.05
G	2,530.49	2,530.49 2,627.81	2,627.82 2,676.47	2,676.48 2,725.13	2,725.13
Classification in:	elementary level	after 2 years	after 4 years	after 6 years	after 9 years

6. Classification in advancement steps according to Annex IXa, point 7

a) In derogation from Annex IXa, point 7 of the Collective Agreement, a classification in the advancement level "according to 12 BG-J" may be permitted by works agreement if the benefits provided for in an internal wage scheme increase by more than the advancement value "12 BG-J" due to the introduction of the common pay system for all workers. If the validity of such wage schemes ends before this improvement takes effect, the actual wages of the affected workers must be increased at the time of termination of the period of validity by the then valid advancement value "12 BG-J".

b) If the collective agreement advancement system for white-collar workers was already applied to blue-collar workers before November 1, 2005 without revocation, the classification in the advancement levels of the applied white-collar system remains unchanged - in deviation from Appendix IXa, points 7-15 of the Collective Agreement. The transitional law according to Section 2 of Appendix A to Section 15 of the RKV White-collar workers applies.

c) Further deviations from the transitional law can be agreed by works agreement with the consent of the collective agreement partners.

Vienna, September 26, 2005

Annex IXa

introduction of the uniform wage system

classification into employment groups

Guideline
1. Employees whose employment relationships began before 1 November 2005 are to be classified into employment groups in accordance with Section IX, points 6 to 12. The transition table is to be used as a guideline, in which the previous wage groups are compared with the new employment groups (e.g. wage group 4 = employment group C).

reconciliation table

wage group ->	employment group
LG 7	BG A
LG 6	BG B
LG 5, 4	BG C
LG 3	BG D
LG 2	BG E
LG 1	BG F
LG T	BG G

Classification and involvement of the works council
2. This classification must be carried out by 30 November 2005 with effect from 1 November 2005, in establishments with a works council with the involvement of the works council.

Mediation by the collective agreement parties
3. If no agreement is reached at company level on the classification of one or more groups of employees, the collective agreement parties must carry out a mediation procedure at the request of the employer or the works council.
In companies without a works council, mediation must be carried out by the collective agreement parties if one of the collective agreement parties has good reason to suspect that the classification of one or more groups of employees is being carried out incorrectly.

Classification of employees in wage group 4 in employment group C
4. The monthly minimum wage of employees in employment group C who come from wage group 4 is at least EURO 2,250.82♦ ("individual minimum wage"), unless a higher value results from points 7 to 18 or later advancements. The actual wage cannot be reduced on classification in employment group C.

Upgrading of employees on 1.11.2005
5. If employees are classified higher than in the transition table (point 1) by 30.11.2005 (with effect from 1.11.2005), the following procedure must be followed:

(a) the salary due on 31 October 2005 shall be increased by the actual percentage rate set out in Annex II;

b) If the minimum wage (basic level) applicable in the new collective agreement from 1 November 2005 is more than the limit amount shown in the table below above the wage thus increased (lit. a), the increase to the minimum wage for the employment group must be carried out in stages. To this end, the wage (after the respective collective agreement increase has been implemented) must be increased on 1 November of each year by the amount shown in the table below . This must be done for the first time on 1 November 2005; the last stage only comprises the increase to the applicable minimum wage. The advancements planned according to the years of employment group achieved must be carried out on the advancement dates regardless of this.

limit/increase amount table

from wage group	in employment group	limit/increase amount in EURO
7	B	39,--
6	C	44,--
4	D	50,--
3	E	57,--
2	F	57,--
1	G	67,--

For cases not covered by this table, the table applies accordingly; the employment group into which the classification takes place is decisive.

Classification of employees in the technician wage group
6. For employees in the technician wage group whose wages on 1 November 2005 are more than EUR 45.00 below the basic level of employment group G, the same procedure as in point 5 applies, whereby the limit/increase amount is EUR 45.00. However, if the wage is less than EUR 2,203.27, it must be increased immediately to this amount without being counted towards the limit/increase amount.

Advancements for employees with hourly wages

Classification in advancement steps
7. For employees whose employment relationship began before 1 November 2005, classification in the relevant advancement step is to be made, regardless of the length of employment, according to the actual monthly salary within the meaning of Section IX/23 on 1 November 2005 (after implementation of the increase in accordance with Appendix II) (see table below).
Benefits that may be eliminated or reduced, in particular revocable benefits or benefits whose amount fluctuates, are not to be taken into account for the classification as monthly salary according to the table; if minimum benefits are guaranteed, this minimum amount must be taken into account in any case.
The employer has the right to completely waive the right of revocation, the condition, etc. by means of a unilateral written declaration to the employee by 31 October 2005, provided that this does not result in the loss of income tax relief. If benefits are based on company agreements, this is - in deviation from the previous sentence - only possible by amending the company agreement. A conversion of tax-privileged benefits is also permitted by works agreement.
Furthermore, under the conditions of the previous paragraph, bonuses that are not similar to piecework can be converted into wages by increasing the current wage by the annual average value of the bonus; the works agreement can provide otherwise.
The two previous paragraphs come into force on May 1, 2005.

	basic wage in euros on November 1, 2005
employment groups	less than	from to	from to	from to	more than
A	1,345.67	more than 1,345.67
B	1,358.58	1,358.58 1,385.21	1,385.22 1,398.53	1,398.54 1,411.85	1,411.85
C from LG 5	1,454.47	1,454.47 1,482.98	1,482.99 1,497.24	1,497.25 1,511.50	1,511.50
C from LG 4	1,490.42	1,490.42 1,518.93	1,518.94 1,533.19	1,533.20 1,547.45	1,547.45
D	1,597.38	1,597.38 1,633.28	1,633.29 1,651.24	1,651.25 1,669.20	1,669.20
E	1,842.99	1,842.99 1,884.42	1,884.43 1,905.13	1,905.14 1,925.84	1,925.84
F	2,079.86	2,079.86 2,140.43	2,140.44 2,170.72	2,170.73 2,201.01	2,201.01
G	2,419.84	2,419.84 2,512.90	2,512.91 2,559.44	2,559.45 2,605.98	2,605.98
Classification in:	elementary level	after 2 years	after 4 years	after 6 years	after 9 years

For part-time employees, the monthly salary must be divided by the agreed number of weekly hours and multiplied by 38.5.

Actual effect of the first promotion for employees with hourly wages
8. The first promotion to the promotion level "after 2 years of BG" or "after 4 years of BG" is to be calculated as follows:

The amount of the overpayment compared to the collectively agreed minimum wage immediately before the promotion must be halved.
The amount thus determined must be deducted from the advancement value.
The difference is the value of the initial advancement and increases the actual salary.
However, the value of the first promotion is at least 50% of the promotion value "after 2.4 years of service".

However, employees who were classified from LG 4 to BG C will receive the full amount of the advancement. Section IX KV
(permanent right) applies to advancements to the advancement level "after 6 BG years", "after 9 BG years" or "after 12 BG years".

Date of advancement or accrual of the competency allowance for employees employed on 1 November 2005

First promotion/skills allowance
9. Employees are to be divided according to their BG. Within each BG, three seniority groups of equal size are to be formed according to length of service; if necessary, the seniority groups must include one more employee.
Temporary workers are not to be taken into account when forming the groups.

10. Employees in the longest-serving group will advance in the period from November 1, 2005 to October 1, 2006. Employees in the middle group will advance in the period from November 1, 2006 to October 1, 2007, and those in the youngest group will advance in the period from November 1, 2007 to October 1, 2008. The same applies to employees with performance-related wages with regard to the accrual of the competency allowance.

11. In deviation from points 9 and 10, employees paid on an hourly basis who were reclassified from wage group 5 to employment group C
are to be classified as follows: All employees who had more than 5% of creditable overpayment within the meaning of point 7 in LG 5 on October 31, 2005 are to be classified according to point 9 and are promoted for the first time according to point 10. Employees who have more than 2% but no more than 5% overpayment are to be divided into two groups according to their length of service; the longer-serving group is promoted for the first time in the period from November 1, 2006 to October 1, 2007, and the younger-serving group is promoted for the first time in the period from November 1, 2007 to October 1, 2008. Employees who are overpaid by up to 2% will be promoted for the first time in the period from November 1, 2007 to October 1, 2008.

Promotion dates
12. The promotion date (according to points 9 to 11) is always the first of the calendar month in which the employment relationship began. All further promotions for these employees are based on this promotion date.

Length of service for group formation
13. "Length of service" within the meaning of points 9 to 11 is to be understood as the length of service in accordance with Section V, whereby in the case of parental leave (parental leave) in accordance with the MSchG or EKUG/VKG, up to a total of 22 months are to be taken into account.

Different group formation
14. A company agreement can be concluded to classify employees in a way that differs from points 9 to 11 but is equivalent in terms of group size. For employees on performance-related pay, a standard date for the performance bonus to be paid can also be agreed across the company; this is no later than 1 May 2007.

Exceptions to first-time advancement
15. The exception in Section IX, point 27 ("5% clause") does not apply to first-time advancement under this Annex (transitional law); the exception in point 28 (economically justified cases) applies, provided that only a postponement of advancement is permitted.

competence allowance in transitional law

Classification into competency allowance levels
16. For employees with piecework wages (hereinafter this term is also used for piecework-like bonus wages within the meaning of this collective agreement), classification into the respective competency allowance level is to be made according to the average piecework or bonus earnings achieved in the period from November 1, 2003 to October 31, 2004 by all employees who were classified in the same wage group ("wage group piecework average earnings"). If the calculation based on this period is not representative, a different, more representative period of observation can be agreed by works agreement. Classification into the respective competency allowance level is made according to the following table (promotion levels of the competency allowance according to points 17 and 18; the table in Appendix XIIIa KV does not apply):

	Wage group piecework average earnings in euros from 1.11.2003 to 31.10.2004
employment groups	less than	from to	from to	more than
B	1,671.26	1,671.26 1,687.64	1,687.65 1,704.02	1,704.02
C from LG 5	1,744.14	1,744.14 1,761.23	1,761.24 1,778.33	1,778.33
C from LG 4	1834.34	1834.34 1852.31	1852.32 1870.29	1870.29
D	1,965.03	1,965.03 1,987.11	1,987.12 2,009.20	2,009.20
E	2,253.97	2,253.97 2,279.30	2,279.31 2,304.63	2,304.63
F	2,558.55	2,558.55 2,595.80	2,595.81 2,633.06	2,633.06
G	2,818.78	2,818.78 2,872.98	2,872.99 2,927.19	2,927.19
Classification in:	elementary level	after 2 BGJ	after 4 BGJ	after 7 BGJ

17. When placed in the basic level, the amount of the competency allowance is based on the following table:

competency allowance table♦

	Competence allowance table in euros for placement in basic level
employment group	after 2 BGJ	after 4 BGJ	after 7 BGJ	after 10 BGJ
B	34.48	54.44	74.40	94.36
C from LG 5, if piecework rate max. 0.6% above KV	21.34	42.68	64.02	64.02
C from LG 5 otherwise	37.13	58.47	79.81	101.15
C from LG 4	42.65	63.99	85.33	106.67
D	46.31	73.14	99.97	126.80
E	53.72	84.62	115.52	146.42
F	76.09	121.29	166.49	211.69
G	115.75	184.82	253.89	322.96

The competency allowance indicated represents the total amount in the respective competency allowance level.

18. When classified in the competency allowance levels "after 2 BG-J", "after 4 BG-J" or "after 7 BG-J", the amount of the competency allowance is based on the following table:

Competency Allowance Table ♦

	Competence allowance table in Euro Classification in advancement levels "n. 2 BGJ", "n. 4 BGJ" or "n. 7 BGJ"
employment group	after 2 BGJ			after 4 BGJ		after 7 BGJ
	n. 4 BGJ	n. 7 BGJ	n. 10 BGJ	n. 7 BGJ	n. 10 BGJ	n. 10 BGJ
B	19.96	39.92	59.88	19.96	39.92	19.96
C from LG 5, if piecework rate max. 0.6% above KV	21.34	42.68	42.68	21.34	21.34	21.34
C from LG 5 otherwise	21.34	42.68	64.02	21.34	42.68	21.34
C from LG 4	21.34	42.68	64.02	21.34	42.68	21.34
D	26.83	53.66	80.49	26.83	53.66	26.83
E	30.90	61.80	92.70	30.90	61.80	30.90
F	45.20	90.40	135.60	45.20	90.40	45.20
G	69.07	138.14	207.21	69.07	138.14	69.07

The competency allowance indicated represents the total amount in the respective competency allowance level.

Increase in the competency allowance
19. If competency allowances within the meaning of this collective agreement are paid in higher amounts than those specified in points 17 and 18, this overpayment must be maintained on the occasion of increases in the competency allowance due to the achievement of a higher BG year, unless otherwise stated in point 26 or Section IX points 13 and 30.

Exceptions to the competency allowance
20. The exception in Section IX, Item 27 ("5% clause") does not apply to the competency allowance; the exception in Item 28 (economically justified cases) applies with the proviso that only a postponement of advancement is permitted.

Increase in piecework and bonus wages on 1 November 2005
21. The increase in piecework and bonus wages on 1 November 2005 is regulated in Annex II. The guideline rates of LG 4 applicable on 31 October 2005 may not be undercut under any circumstances even after 1 November 2005.

Reclassification after November 1, 2005
22. If employees are reclassified into a higher employment group after November 1, 2005, Section IX or XIIIa applies exclusively. If the reclassification takes place before the first promotion (points 9 - 15), the first promotion in the new BG takes place on the date that was planned for the first promotion according to points 10 - 15; however, the first promotion in the new BG takes place no later than two years after the reclassification.
The professional experience in BG F required for classification in BG G is to be considered equivalent to the periods of employment in LG 1.

Recognition of previous periods of service for new entrants up to 31.12.2009
23. For employees who join the company between 1.11.2005 and 31.12.2009 and have previous periods of service as defined in Section IX, Item 18, the following maximum limit applies for the recognition of these periods of service:
In 2005/06, a maximum of 1 year, in 2007 a maximum of 2 years, in 2008 a maximum of 3 years, in 2009 a maximum of 4 years, and from 1.1.2010, Section IX applies.

Individual increases (distribution volume)
24. The provisions on individual increases pursuant to Section IX, points 38 to 60, are to be applied to all employees for the first time from January 1, 2010, regardless of when the employment relationship began. The first individual increases will take place on July 1, 2010.
To determine the amount of the distribution volume, the following procedure is to be followed in the years 2010 to 2013 inclusive: the number of employees in each employment group (except A) is to be multiplied by 75% of an advancement value "6/9/12 BG-J" (Section IX point 20) of the respective employment group (except BG A) in accordance with the respective minimum wage table and this result is then multiplied by a factor of 0.17. The number of employees on April 15 of the year is decisive; If the number of employees in a BG has increased or decreased by more than 20% compared to the number on the previous 1 July, the average of these two figures is decisive.

apprentices

25. For employees who are employed as apprentices on 31 October 2005, the provisions of items 1 to 22 and 28 of this Annex shall not apply to their subsequent employment relationship.

company wage schemes

26. a) The collective bargaining parties recommend that company wage schemes concluded before 1 November 2005 be adjusted in accordance with the principles of Section IX. In this reorganization, unintended cumulative effects with collective bargaining advancements should be avoided as far as possible.
Company schemes within the meaning of these provisions are company agreements; also other company rules or practices in which a uniform approach is observed for all employees or groups of employees regardless of a formal basis, provided that there is no right of revocation. Company agreements can be concluded on such company rules.

b) If no agreement is reached by December 31, 2005 on an adjustment of those internal company regulations that were concluded before February 1, 2005, the provisions c) to f) shall apply to claims arising from such regulations that arise after October 31, 2005.

c) In this case, the following applies to internal company regulations that are purely dependent on working hours:

In accordance with the provisions of Section IX, Item 13, actual wage increases provided for in internal company regulations can be credited towards up to two immediately subsequent advancements under transitional and/or permanent law (Annex IXa, Section IX).
Actual wage increases that have come into effect in accordance with Annex IXa or Section IX (transitional or permanent law) can be offset against internal company increases that fall within the period of 60 calendar months following the advancement to the advancement level "after 12 BG-J"; however, this may not exceed twice the advancement value "12 BG-J".
However, for employees who are subject to transitional law, in addition to the internal advancements, there must remain at least actual wage increases based on this Appendix IXa (transitional law) in the amount of an advancement value of "12 BG-J" (i.e. in particular the first advancement within the meaning of points 9 to 11 to the advancement level after 12 BG-J).

d) For other internal company regulations (in particular intermediate wage groups) the following applies in this case:

According to the regulation in Section IX, Item 13, actual wage increases provided for in internal company regulations can be credited towards up to two immediately following advancements from the transitional and/or permanent law (Appendix IXa, Section IX); however, in addition to the benefits provided for in the company regulation, a total advancement value of "12 BG-J" from the collective agreement advancement system must remain.
Actual wage increases that have come into effect in accordance with Annex IXa or Section IX (transitional or permanent law) can be offset against internal company increases that fall within the period of 60 calendar months after the advancement to the advancement level "after 12 BG-J"; however, this cannot exceed twice the advancement value "12 BG-J". However, in addition to the benefits provided for in the company regulations, a total advancement value "12 BG-J" from the collective agreement advancement system must remain.
For employees who are subject to transitional law, in addition to the internal company advancements, at least actual wage increases based on this section amounting to two advancement values "12 BG-J" must remain, insofar as they are entitled to them (including the first advancement within the meaning of points 9 to 11 to the advancement level after 12 BG-J).

e) In deciding whether a purely length-of-service system or another system is in place, not only the wording of the internal company regulation but also its actual implementation is decisive.

f) To the extent that internal company regulations refer to the duration of membership of a wage group or to the collectively agreed minimum wage, this shall be deemed to be a reference to the actual duration of membership of the wage group or employment group and to the minimum wage of the basic level.

Companies with low overpayment
27. In companies in which the overpayment of workers (combined calculation for employees on time and performance-based wages) in November 2004, for performance-based wage earners in the period November 2004 to January 2005, was on average less than 5%,

For employees on an hourly wage, instead of advancements to the advancement levels after 2 years of BG and after 4 years of BG, four advancements each amounting to 12 years of BG, at intervals of 2 years, can be agreed. All further advancements are postponed accordingly.
For employees on performance-related pay, the amount of the competency allowance "after 2 years of BG" can be halved and only paid in full after two more years. The timing of further increases is postponed accordingly.

For employees on performance-related pay, overpayment is defined as the amount by which the wage group piecework (bonus) average earnings exceed 130% of the collective agreement minimum wage that was in effect from November 1, 2004.
In companies with a works council, a works agreement must be concluded on this by December 31, 2005. If no agreement is reached, mediation must be carried out by the collective agreement parties at the request of the employer and/or the works council. In companies without a works council, a corresponding agreement can be concluded with the collective agreement parties. Such a (works) agreement also applies to employees whose employment relationship only began after October 31, 2005.
In addition, other deviations from the regulations on advancement and individual increases can be determined by works agreement with the consent of the collective agreement parties, or in companies without a works council by agreement between the collective agreement parties.

service slip

28. By means of a service note in accordance with Annex Ia, employees shall be informed, by 30 November 2005 at the latest, of the key data which this Annex applies to them.

Mining and Steel Association
For the Association of Iron and Steel Works

Association of the Automotive Industry

Association of the Foundry Industry

Association of the Machine and Metal Goods Industry

Association of the Non-Ferrous Metals Industry

Association of Gas and Heat Supply Companies

Austrian Trade Union
Federation PRO-GE

Vienna, October 18, 2011

Appendix X

Joint declaration of the collective bargaining partners on Section 7, Paragraph 6 of the AZG (IDF BGBL I 2018/53)

The collective bargaining partners fully support the voluntary right of refusal and the prohibition of discrimination under Section 7 Paragraph 6 of the AZG for all overtime within the scope of Sections 7 and 8 for a daily working time of ten hours or a weekly working time of 50 hours. For this reason, the collective bargaining partners jointly declare that no employee should be directly or indirectly obliged or forced to work this overtime. The voluntary right of refusal under Section 7 Paragraph 6 of the AZG should therefore be able to be exercised by all employees in the companies of the Gas and Heat Supply Association without fear or pressure.

In order to check and monitor whether the voluntary right of refusal under Section 7 Paragraph 6 of the AZG can actually be exercised by employees without fear and without any pressure from the employer, the collective bargaining partners set up a joint monitoring commission with equal representation, whose express task is to monitor and clarify any undesirable involuntary overtime work on a social partnership basis. For this purpose, the monitoring commission can also make recommendations to the companies and employees of the companies in the Gas and Heat Supply Companies Association.

Annex XI

adjustment clause for internal company regulations

By means of a works agreement, the collective agreement's gradual increase in the allowances for the 2nd and 3rd shift (or, subsidiarily, the night work allowance) may be deviated from in terms of amount or timing with regard to the due date of the respective gradual increase, if the collective agreement's increase in the shift or night work allowances leads to unexpected and significant personnel cost effects or overall endangers the location of the company due to internal company regulations. Likewise, a works agreement with the consent of the collective bargaining parties can deviate from the collective bargaining shift or night work allowances if there are significant shift-related internal overpayments of the basic wages of shift workers and/or employees whose normal working hours are usually at least partly between 10 p.m. and 6 a.m., or if similar overpayment effects for shift workers exist through other operational instruments (such as bonuses for shift work, allowances for the early shift, etc.). If there is no works council in the company, deviations in the shift allowances or night work allowances can also be agreed in an individual contract and with the consent of the collective bargaining parties.

Vienna, November 10, 2021

Annex XII

Joint Declaration on Temporary Workers

The collective bargaining parties declare that flexibility through temporary employment is of great importance for gas and heat supply companies and that applicable law must be complied with in any case. For this reason, they are influencing companies to only conclude contracts with temporary employment agencies that can be assumed to comply with the provisions of the Temporary Employment Act and other collective bargaining and statutory provisions. If the collective bargaining parties perceive a violation of the relevant legal provisions, the collective bargaining parties will examine and evaluate the matter as far as possible and, if no solution can be found at company level, if necessary, work together with the companies to ensure that a legal situation is established.

Vienna, November 10, 2021

The present version, valid from 1.11.2021, was agreed with the collective agreement of 10 November 2021:

Association of Gas and Heat Supply Companies

The chairman:

DI Peter Weinelt

The Managing Director:

Mag. Michael Mock

Austrian Trade Union
Federation PRO-GE

The Federal Chairman:

Rainer Wimmer

The Federal Secretary:

Peter Schleinbach

Vienna, November 10, 2021

Overview table of social insurance and income tax liability

At the request of our members and officials, we have compiled a simple overview table of the social security and income tax treatment of the types of benefits listed in the collective agreement.

The table is only applicable to the standard cases of the respective types of remuneration that appear in the collective agreement. In addition, there are a number of special provisions that result in changes to the contributions.

In these exceptional cases, the relevant professional association must be contacted to clarify which taxes and social security contributions the employee must pay.

Explanations for the table below

1 SEG allowances as well as allowances for Sunday, public holiday and night work and overtime allowances related to these types of work are tax-free up to a total of €360.00 per month in accordance with Section 68 of the Income Tax Act 1988. In addition, allowances for the first five hours of overtime per month up to a maximum of 50 percent of the basic wage, up to a maximum of €43.00 per month, are tax-free. From January 1, 2009, allowances for the first ten hours of overtime per month up to a maximum of 50% of the basic wage, up to a maximum of €86 per month, are tax-free.

2 The exemption from social security contributions for the dirty work allowance is guaranteed if it is provided for by law or collective agreement.

3 Special payments (WR + UZ) are subject to social security contributions, like a regular payment, up to certain maximum contribution bases, annually up to a maximum of

in unemployment insurance:

2020: € 11,100.00

2022: € 11,340.00 *)

in health insurance:

in pension insurance:

AKU and WFB are not to be paid from the special payments.

*) Estimated value, final value not yet fixed at the time of printing.

4 Tax allowance: For one-off payments or other benefits (such as holiday allowances, Christmas bonuses, etc.) up to € 620.00 per year are tax-free.

5 The overtime allowances included in the overtime flat rate are tax-free within the framework of the tax exemption of allowances and bonuses if a corresponding agreement has been concluded with the tax office and proof of the overtime work is provided.

6 Up to € 26.40 per day tax and social security free.

pfl. = subject to tax
SV = social security
frei = tax-free
AKU = Chamber of Labour levy
LSt. = income tax
WFB = housing subsidy contribution

	LSt.	SV	AKU/WFB
clearance	plant	free	free
Work clothes, normal ones (if the employee receives them free of charge from the employer)	free	free	free
protective clothing, work-related	must be provided by the client
Travel expenses reimbursement for business trips (including trips home) (KV/Section VIII and KM allowances)	free	free	free
Expense allowance ⁶ (KV/Section VIII)	free	free	free
hardship allowance (KV/Section XIV)	free ¹	plant	plant
Danger allowance (KV/Section XIV)	free ¹	plant	plant
assembly allowance (KV/Section XIV)	plant	plant	plant
Night work allowance (KV/Section XIV)	free ¹	plant	plant
overnight allowance (KV/Section VIII)	free *)	free *)	free *)
Shift allowance (KV/Section XIV) (except night and Sunday shift allowances)	plant	plant	plant
dirt allowance (KV/Section XIV)	free ¹	free ²	free
Sunday supplement (KV/Section XIV)	free ¹	plant	plant
weekly wage/monthly wage	plant	plant	plant
overtime pay	plant	plant	plant
Overtime allowances 50 + 100 percent (Collective Agreement/Section XIV)	free ¹	plant	plant
overtime allowance ⁵	plant	plant	plant
special payments (holiday allowance, Christmas bonus)	free/plant ⁴	plant ³	free
holiday work bonuses	free ¹	plant	plant
travel time (KV/Section VIII)	plant	plant	plant

*) free up to max. € 15.00 according to § 26 Z 4 lit. c EStG

Minimum wage table valid from November 1, 2021♦

				advancement values
	elementary level	after 2 years	After 4 years	2.4 years	6, 9, 12 years
A	2,141.23	2,182.42	2,223.61	41.19
B	2,141.23	2,182.79	2,224.35	41.56	20.78
C	2,285.76	2,330.18	2,374.60	44.42	22.24
D	2,501.98	2,557.92	2,613.86	55.94	27.96
E	2,830.41	2,893.73	2,957.05	63.32	31.66
F	3,191.01	3,284.19	3,377.37	93.18	46.60
G	3,704.59	3,849.01	3,993.43	144.42	72.22
H	4,061.69	4,220.03	4,378.37	158.34	79.19
I	5,098.91	5,297.72	5,496.53	198.81	99.40
I (M III-15%)	4,334.05	4,503.02	4,671.99	168.97	84.48
J	5,632.03	5,851.82	6,071.61	219.79	109.89
	elementary level	after 2 years	after 4 years	2 years	4, 6, 9 years
K	7,137.02	7,415.52	7,554.78	278.50	139.26

				advancement values
	after 6 years	after 9 years	after 12 years	2.4 years	6, 9, 12 years
A				41.19
B	2,245.13	2,265.91	2,286.69	41.56	20.78
C	2,396.84	2,419.08	2,441.32	44.42	22.24
D	2,641.82	2,669.78	2,697.74	55.94	27.96
E	2,988.71	3,020.37	3,052.03	63.32	31.66
F	3,423.97	3,470.57	3,517.17	93.18	46.60
G	4,065.65	4,137.87	4,210.09	144.42	72.22
H	4,457.56	4,536.75	4,615.94	158.34	79.19
I	5,595.93	5,695.33	5,794.73	198.81	99.40
I (M III-15%)	4,756.47	4,840.95	4,925.43	168.97	84.48
J	6,181.50	6,291.39	6,401.28	219.79	109.89
	after 6 years	after 9 years		2 years	4, 6, 9 years
K	7,694.04	7,833.30		278.50	139.26

Day-Night Allowance – Workers

country	daily allowance	night allowance
		1st to 28th day	from day 29
BELGIUM	58.85 from the 29th day 52.97	22.70	20.43
Brussels		32.00	28.80
DENMARK		41.40	37.26
GERMANY		27.90	25.11
FINLAND		41.40	37.26
FRANCE		24.00	21.60
Paris/Strasbourg		32.70	29.43
GREECE		23.30	20.97
IRELAND		33.10	29.79
ITALY		27.90	25.11
Rome/Milan		36.40	32.76
LIECHTENSTEIN		19.84	17.86
LUXEMBOURG		22.70	20.43
NETHERLANDS		27.90	25.11
AUSTRIA		19.84	19.84
PORTUGAL		22.70	20.43
SWEDEN		41.40	37.26
SWITZERLAND		32.70	29.43
SPAIN		30.50	27.45
UK London		41.40	37.26
Northern Ireland		36.40	32.76

EU transitional law 1.11.2021

country	daily allowance		overnight allowance
	1st to 28th day	from day 29	1st to 28th day	from day 29
BULGARIA	49.19	44.27	22.70	20.43
ESTONIA	55.48	49.93	31.00	27.90
CROATIA	49.19	44.27	23.30	20.97
LATVIA	55.48	49.93	31.00	27.90
LITHUANIA	55.48	49.93	31.00	27.90
MALTA	48.23	43.41	30.10	27.09
NORWAY	58.85	52.97	41.40	37.26
POLAND	51.04	45.94	25.10	22.59
ROMANIA	55.48	49.93	27.30	24.57
SLOVAKIA Pressburg	45.83	41.25	19.84	17.86
SLOVAKIA Pressburg	49.19	44.27	24.40	21.96
SLOVENIA border towns	49.19	44.27	23.30	20.97
SLOVENIA border towns	45.83	41.25	19.84	17.86
CZECH REPUBLIC border towns	49.19	44.27	24.40	21.96
CZECH REPUBLIC border towns	45.83	41.25	19.84	17.86
HUNGARY Budapest border towns	44.42	39.98	26.60	23.94
	49.19	44.27	26.60	23.94
	44.42	39.98	19.84	17.86
CYPRUS	46.60	41.94	30.50	27.45

AT_Gas-Wärmeversorgungsunternehmungen_Arbeiterinnen_2021-2022 - 2021

Anfangsdatum: → 2021-11-01

Enddatum: → Ohne nähere Angaben

Name Branche: → Energie- und Wasserversorgung, Entsorgung, Recycling

Öffentlicher/ privater Sektor: → Weiß nicht

Abgeschlossen durch:

Name Gesellschaft: →

Namen der Gewerkschaften: → ÖGB - Österreichischer Gewerkschaftsbund

Name professioneller Verband: →

Krankheit und Unfähigkeit

Höchstbetrag des Krankengeldes (für 6 Monate): → 49 %

Bestimmungen zur Rückkehr an den Arbeitsplatz nach längerer Krankheit, z.B. Krebsbehandlung: → Nein

Bezahter Menstruationsurlaub → Nein

Bezahlung im Falle von Behinderung nach einem Arbeitsunfall → Nein

Gesundheit und Sicherheit und medizinische Versorgung

Medizinische Versorgung vereinbart: →

Medizinische Versorgung für Angehörige vereinbart: →

Beitrag zur Krankenversicherung vereinbart: →

Krankenversicherung für Angehörige vereinbart: →

Gesundheits- und Sicherheitspolitik vereinbart: →

Gesundheits- und Sicherheitstraining vereinbart: →

Schutzkleidung bereitgestellt: →

Regelmäßige oder jährliche ärztliche Untersuchung oder Visite bereitgestellt durch Arbeitgeber: →

Kontrolle von Muskel-und Knochenersuchen an Arbeitsplätzen, Berufsrisiken und/ oder der Beziehung zwischen Arbeit und Gesundheit: →

Bestattungsleistungen: →

Arbeits- und Familienarragements

Bezahlter Mutterschaftsurlaub: → 95 Wochen

Arbeitsplatzsicherheit nach dem Antritt des Mutterschaftsurlaubs: → Ja

Verbot der Mutterschaft-bezogenen Diskriminierung: → Nein

Verbot schwangere oder stillende Arbeitnehmerinnen zu gefährlicher oder gesundheitsschädlicher Arbeit zu verpflichten: →

Gefährdungsbeurteilung am Arbeitsplatz zur Sicherheit und Gesundheit von schwangeren oder stillenden Frauen: →

Verfügbarkeit von Alternativen zu gefährlicher oder gesundheitsschädlicher Arbeit für schwangere oder stillende Arbeitnehmerinnen: →

Ausfallzeit für pränatale medizinische Untersuchungen: →

Verbot des Schwangerschafts-Screenings vor der Regulisierung von Nicht-Standardarbeitskräften: →

Verbot des Schwangerschafts-Screenings vor der Beförderung: →

Einrichtungen/ Räumlichkeiten für stillende Mütter: → Nein

Durch Arbeitgeber bereitgestellte Kinderbetreuungsplätze: → Nein

Durch Arbeitgeber bezuschusste Kinderbetreuungsplätze: → Nein

Schulgeld/ Zuschuss für die Ausbildung der Kinder: → Nein

Beurlaubungsdauer in Tagen im Falle des Todes eines Verwandten: → 3 Tage

Themen der Geschlechtergleichstellung

Gleicher Lohn für gleichwertige Arbeit: → Ja

Besondere Verweis auf Geschlechter zur Lohngleichheit: → Nein

Klauseln zur Diskriminierung am Arbeitsplatz: → Ja

Gleiche Chancen der Beförderung für Frauen: → Nein

Gleiche Möglichkeiten zur Weiterbildung und Umschulung für Frauen: → Nein

Gewerkschaftlicher Vertantwortlicher für die Geschlechtergleichstellung am Arbeitsplatz → Nein

Klauseln über sexuelle Belästigung am Arbeitsplatz: → Nein

Klauseln über Gewalt am Arbeitsplatz: → Nein

Sonderurlaub für Arbeitnehmer, die häuslicher Gewalt oder Gewalt durch den Intimpartner ausgesetzt sind: → Nein

Unterstützung für Arbeitnehmerinnen mit Behinderung: → Nein

Kontrolle der Gleichstellung der Geschlechter → Nein

Arbeitsverträge

Dauer der Probezeit: → 30 Tage

Teilzeitbeschäftigte von Bestimmung ausgeschlossen: → Nein

Bestimmungen zu Zeitarbeitern: → Nein

Auszubildende von Bestimmung ausgeschlossen: → Nein

Minijobs/ Studentenjobs von Bestimmung ausgeschlossen: → Nein

Arbeitszeiten, Zeitpläne und Urlaub

Arbeitsstunden pro Woche: → 38.5

Bezahlter Jahresurlaub: → 22.0 Tage

Bezahlter Jahresurlaub: → 4.0 Wochen

Maximale Anzahl an Sonn-/ Feiertagen, die in einem Jahr gearbeitet werden kann: →

Bestimmungen zu flexiblen Arbeitszeitregelungen : → Ja

Löhne

Löhne festgelegt anhand der Durchschnitte der Lohnskalen: → Yes, in one table

Anpassung aufgrund steigender Lebenshaltungskosten: →

Gehaltserhöhung:

Gehaltserhöhung: → 3.55 %

Gehaltserhöhung beginnt: → 2021-11

Einmalige Extrazahlung:

Einmalige Extrazahlung: → 100 %

Einmalige Extrazahlung aufgrund von Unternehmensleistung: → Nein

Zuschläge für Abend- oder Nachtarbeit:

Zuschläge für Abend- oder Nachtarbeit: → EUR pro Monat

Nur Nachtarbeitszuschläge: → Ja

Überstundenzuschläge:

Zushläge für schwere Arbeit:

Zushläge für schwere Arbeit: → EUR pro Monat

Zuschläge für Sonntagsarbeit:

Zuschläge für Sonntagsarbeit: → 150 %

Essenscoupons

Verpflegungszuschuss bereitgestellt: → Nein

Kostenfreier Rechtsbeistand → Nein

Tarifvertrag

Workers' collective agreement in the version applicable to the Gas and Heat Supply Companies Association

Status: 1.11.2021

Table of contents

I. Collective bargaining partners

II. Scope

III. Commencement and duration of validity

IV. Start and end of the employment relationship

further use period

V. Length of Service

VI. Working hours

Weekly working hours

Daily working hours

breaks

short-time work

Distribution of normal working hours, 4-day week

Billable working hours

bandwidth

Extended bandwidth

shift work

decade-long work

Working hours on December 24th and 31st

driving times

VI.a Overtime

VI.b Night work

VI.c Regulations for part-time employees

VI.d Partial retirement

VI.e Work on Sundays or public holidays in the event of a temporary special need for work (§ 12A ARG) *)

VI.f Working on Sundays or public holidays when there is a temporary need for special work (§ 12B ARG)

VII. Overtime, Sunday and holiday work

overtime

Sunday and holiday work

Common Provisions

VIII. Employment outside the permanent establishment

expense allowance

travel times and means of transport

overnight allowance

trips home

Vacation

illness and accidents

Hiring of employees outside the permanent establishment

employment abroad

IX. Remuneration

General Provisions

employment group classification

employment group definitions

employment group years

Recognition of previous periods of service

minimum wage

reclassification

collective agreement distribution volume

apprenticeship income♦

integrative vocational training

Recognition of integrative vocational training

boarding school costs

compulsory interns

X. Concept of earnings

XI. Company suggestion system

XII. Piecework

XIII. Premium work

Piecework-like bonuses

XIIIa. Competence allowance

competence allowance

competency allowance table♦

increase in the competence allowance

Switching between performance-related pay and time-based pay

XIV. Allowances and surcharges

dirt, hardship and danger allowances

XV. Settlement and Payment

XVI. Compensation for absence from work

Other remuneration cases (§ 1154 b ABGB)

Claims for remuneration for reasons that are not the responsibility of the employee (§ 1155 ABGB)

Paid exam preparation

Unpaid study leave

XVII. Vacation and vacation allowance

vacation allowance

Calculation of holiday pay and holiday allowance

XVIII. Christmas Remuneration

Calculation of Christmas Remuneration

XVIII.a Jubilee allowance

employment group
classification