The Savaria Symphony Orchestra
COLLECTIVE AGREEMENT
2021
SATURDAY PLACE
Table of contents
|
Part One |
2 |
|
Rules governing the collective agreement |
2 |
|
lM� |
2 |
|
Scope of the collective agreement |
2 |
|
1) Temporal scope of the collective agreement |
2 |
|
2) Personal scope of the collective agreement |
2 |
|
3) Territorial scope of the collective agreement |
2 |
|
4) Agreement on the extension of the collective agreement |
2 |
|
llM�� |
3 |
|
Preparation, amendment, termination and termination of the collective agreement |
3 |
|
1) Preparation of the collective agreement |
3 |
|
2) Signing the collective agreement
|
3 |
|
3) Agreement on the intention to establish and maintain a collective agreement |
3 |
|
4) Amendment of the collective agreement |
4 |
|
5) Termination of the collective agreement (Mt. § 280) |
4 |
|
6) Termination of the collective agreement (Mt. § 280 ; § 281 ) |
4 |
|
7) The annexes to the collective agreement also form part of the collective agreement . |
4 |
|
Chapter III |
5 |
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Declarations and undertakings ensuring the entry into force of the collective agreement |
5 |
|
Part Two |
S |
|
Cooperation between the parties to the collective agreement
|
5 |
|
lM� |
5 |
|
General rules |
5 |
|
1) Cooperation between the employer and the trade union (Mt. § 272 ; § 275 )
|
5 |
|
Chapter II |
6 |
|
Conditions for exercising trade union rights
|
6 |
|
1) Ensuring the operating conditions of trade unions |
6 |
|
2) Protection and working time benefits for trade union officials (Mt. § 273)
|
6 |
|
3) Confidentiality statement of the parties , data protection |
7 |
|
Part Three |
7 |
|
Workers
' participation rights |
7 |
|
LM |
7 |
|
The works council (Mt. § 235- § 266)
|
7 |
|
1) Powers of the works council
|
8 |
|
2) Expanding the powers of the works council
|
8 |
|
HM |
9 |
|
Arts Committee |
9 |
|
Chapter III |
10 |
|
The association meeting |
10 |
|
Part Four |
11 |
|
Establishment, termination and termination of employment |
11 |
|
Chapter I |
11 |
|
Conditions for establishing an employment relationship |
11 |
Agreements related to the employment contract 12
Proper exercise of employee rights 13
Chapter 13
Termination and termination of employment 13
1) Termination of employment 13
2 ) Termination 13
3) Termination with immediate effect 13
Chapter 14
Rules on rights and obligations related to work ( Mt.51- §) 14
1) The Employer's obligations related to the employment relationship (Mt. § 51 ) 14
2) The employee's obligations related to the employment relationship (Mt. § 52) 14
3) Other rules related to work 15
4) Exemption from work obligation 16
5 ) Additional employment relationship 16
6) Conflict of interest 16
7) Use of musical instruments provided by the Savaria Symphony Orchestra 16
Rules on working hours and rest periods (Mt. § 86-109 Emtv. § 38) 17
1) Special rules on the work schedule of orchestral artists (2008. XCIX. tv) 17
2) Working during extraordinary hours ( Articles 107 - 112 of the Labor Code; Article 139 - 152 of the Labor Code) 18
3) Rules on daily rest periods and leave ( Civil Code § 104 ) 18
Rewarding work 19
Basic wage (Mt. § 136 ) 19
Performance-based wage (Mt. § 138) 20
Wage supplements Mt. § 139 - § 143 20
Other provisions concerning orchestral artists 21
Anniversary reward 22
Other compensations available to employees 22
1) Employee 's liability for damages 23
2) Employer 's liability for damages 23
Annexes to the Collective Agreement : 23
Annex 1 of the collective agreement 25
Collective Agreement
The collective agreement covering the Savaria Symphony Orchestra employer was concluded by the parties participating in its conclusion based on the following insights and goals.
•
The framework rules of Act 1 of 2012 on the Labor Code ( hereinafter referred to as the Labor Code), which set out rights and obligations, as well as the minimum benefits, must be supplemented.
•
Several provisions of the Act require the establishment of a collective agreement. Without the establishment of a collective agreement , the clarification and recording of essential issues related to the employment relationship , the employer's law enforcement activity and the enforcement of its interests , as well as the possibility of employees and their representative bodies to enforce their rights and interests, encounter unjustified difficulties.
•
The parties, recognizing the importance of arranging favorable opportunities for the employee and employer sides in a collective agreement - mutually taking into account the interests represented by the other party , mutually allowing, in order to ensure further settled relations
- they concluded their collective agreement (Mt. § 276-278), which agreement is a rule concerning employment relationships pursuant to § 13 of the Mt.
•
The legal relationship of employees employed by the Savaria
Symphony Orchestra shall be governed by the provisions of the employment contract and other agreements relating to the employment relationship, as well as the rules of this collective agreement, as well as the Act of 2012.1 on the Labour Code ( hereinafter : Mt.), Act of 2008. XCIX. on the Support and Specific Employment Rules of Performing Arts Organizations ( hereinafter : Emtv.) , and Decree 122/201 l. (
VII .
•
The employment contract between the employer and the employee may not conflict with the provisions of this collective agreement , but may deviate from it in the employee's in cases and under conditions specified in the law .
•
The parties to the collective
agreement declare that they respect the general rules of conduct set out in Sections 6-7 of the Labour Code .
Part One
Rules governing the collective agreement
Chapter I
Scope of the collective agreement
I) Temporal scope of the collective agreement
a)
This collective agreement is concluded for an indefinite period . Its rules shall apply until the new collective agreement replacing it enters into force.
b)
This collective agreement shall be announced by posting it in the employer's building within 3 days of the signing of the collective agreement.
e) Its rules shall apply from the date of their promulgation .
2) Personal scope of the collective agreement
a) The scope of the collective agreement's provisions on employment shall extend to all employees in an employment relationship with the employer. (Section 279 (3)), except for employees in managerial positions pursuant to Section 208 (1) of the Labour Code. (Section 209 (3) of the Labour Code)
b ) Part-time employees are entitled to the rights and benefits specified in this collective agreement in proportion to their part-time work .
e) For claims arising from an employment relationship governed by a collective agreement , the collective agreement in force at the time of the claim shall apply, provided that the rules of the collective agreement in force at the time of the assessment or the law do not prescribe more favourable conditions or options for the employees. In the latter cases, the rule more favourable to the employee shall apply.
3) Territorial scope of the collective agreement
The scope of this collective agreement extends to employment in the territory of the Republic of Hungary and also to employment abroad on assignment, based on the employer's instructions .
4) Agreement on the extension of the collective agreement
The contracting parties declare their common intention to do everything that can be expected of them to ensure that the collective agreement remains in force as long as it fulfills its purpose, i.e. it does not hinder or make difficult the proper operation of the parties or their interest protection activities . To this end, the contracting parties undertake that in the event of a modification of the collective agreement initiated by either party in order to achieve the above goal , the issue will be resolved primarily through negotiation , and negotiations will be mandatory in the case of termination of the collective agreement and amendment proposals.
Chapter II
Preparation
, amendment , termination and termination of the collective agreement
I) Preparation of the collective agreement
a)
The parties to the collective agreement agree that the draft collective agreement and its amendments will be prepared jointly in the future. The preparation will be carried out by a two-person committee established for this purpose, consisting of one
representative from each of the parties .
b)
The parties agree to establish the committee referred to in point a) to prepare the new collective agreement before the collective agreement expires .
e)
Tasks of the
preparatory committee :
•
monitoring legislative changes requiring amendment ,
• collecting and evaluating proposals for amendment ,
•
preparing proposals for the employer and the trade union on the directions of the amendment ,
•
preparation of drafts as several regulatory versions,
• collecting and evaluating proposals and comments received on the draft and preparing responses to them ,
•
participation in discussions of drafts .
d) The parties signing the collective agreement undertake to provide the necessary conditions for the operation of the committee and to create the possibility of consultations with the committee and its members. The costs of the operation of the committee shall be covered by the employer.
e) The parties shall jointly submit the draft to the community of workers for discussion . The discussion shall be organized in such a way that the community has at least one week from the receipt of the draft to prepare for the discussion
. The parties to the collective
agreement shall draw up joint minutes of the discussion .
f) Amendments to legislation resulting from changes in legislation and which correspond exactly to them need not be subject to debate .
g) The parties shall do everything that is expected of them to ensure that the draft and the text of the collective agreement are familiarized with and interpreted appropriately by the members of the collective.
2)
Signing the collective agreement
a)
The collective agreement is signed by the employer's top manager authorized to exercise employer powers.
b)
This collective agreement is signed by the union secretary of the local branch of the Hungarian Musicians and Dancers' Union operating at the Savaria Symphony
Orchestra .
3) Agreement on the intention to establish and maintain a collective
agreement
a)
The parties declare their intention to do everything that can be expected of them to bring the collective agreement into force and maintain it in force.
b)
The parties also agree that in the event of termination or amendment by the other party, if no agreement is reached on any of the issues concerned, only the disputed point(s) will be repealed .
e) The parties agree with regard to amendments that they may only terminate the collective agreement due to amendment proposals if the proposal constitutes a collective agreement between the parties.
In the case of a motion for amendment concerning detailed or partial issues , a conciliation procedure must be conducted .
4) Amendment of the collective agreement
a)
The collective agreement must be amended ,
•
if
its provisions conflict with the law ,
•
its provisions have become illegal due to changes in legislation .
•
if
the annual review - by October 31st of each year - makes it necessary_
b)
To amend the collective agreement
•
the employer,
•
interest representation bodies,
•
the works
council,
•
any worker,
•
the working community can make suggestions.
e) The amendment of the collective agreement may be initiated in writing by delivering the proposal for the amendment to the other parties entitled to conclude the collective agreement . The proposal for the amendment shall be submitted to both the employer and the trade union. The recipient shall be obliged to send the proposal to the other party.
d ) Amendment proposals (by both parties) must be assessed on their merits and responded to within 8 days .
The parties undertake to jointly review the proposed amendment and to record their respective positions in writing.
e) The agreement on the amendment, its procedure and the rules governing the conclusion of the collective agreement shall apply.
f) The date on which the amendments come into force must
be stipulated separately in each case .
5)
Termination of the collective agreement (Mt. § 280)
a)
Either party may terminate the collective agreement by giving three months' notice in writing to the other party . The collective agreement may not be terminated within six months of its entry into force .
b)
In the event of termination of the collective agreement, the parties shall examine the possibility of maintaining the collective agreement in force with amendments or in part . At the same time, they shall delegate their representative to the committee responsible for preparing the new collective agreement.
6)
Termination of the collective agreement (Mt. § 280 ;
§ 281 )
The collective agreement is terminated
•
upon expiry of the notice period ,
•
the employer has no legal successor , and
•
the termination of the trade union without legal successor .
In the event of an employer's reorganization, the parties must provide for the continued validity of the collective agreement .
7)
The annexes to the collective agreement also form part of the collective agreement .
Chapter III
Contracts and commitments ensuring the entry into force of the collective agreement
a)
The parties declare that they will do everything that can be expected
of them to comply with and enforce the rules of the collective agreement .
b)
The parties undertake to immediately inform the representative of the other side if they experience any problems with the entry into force of
the collective agreement , or if the rules of the collective agreement are not applied in accordance with the regulatory purpose by bodies or persons subordinate to them or within their scope of operation.
Part Two
Cooperation between the parties to the collective agreement
Chapter I
General rules
I)
Cooperation between the employer and the trade union (Mt. § 272 ; § 275 )
a)
The employer declares its intention to cooperate with the trade union and that it supports the activities of the trade union and facilitates its operation. The contracting parties declare that they will do everything that can be expected of them to comply with and enforce the rules of the collective agreement.
b)
The trade union declares that it exercises its trade union rights guaranteed by law in accordance with the social purpose of the rights , i.e. activities carried out in the interests of employees may not be aimed at disrupting the proper functioning of the employer.
e) The trade union shall notify the employer in writing of the names and positions of its officials ; it shall inform the employer of any changes in this regard within 5 days of their occurrence .
d)
The employer and the trade union undertake to continuously inform each other of their planned measures that affect or influence the activities of the other party.
e)
Regular cooperation between the parties shall cover the following :
•
all measures that affect the situation, future, and employer or employee interests of the parties;
•
issues concerning the employment situation of the employer and employees ;
•
changes in legal regulations affecting employers and employees ;
•
to discuss issues that arise regarding the employer's reorganization and/or staffing increases;
•
internal regulatory issues ;
•
negotiations on the use of social and welfare funds, depending on budgetary resources ;
•
to discuss issues considered important and declared by the other party ;
•
for consultation prior to exercising the right to object .
and
f)
The forms
of cooperation are as follows:
•
sending information, drafts, documents , etc. to the other party;
•
expert consultations;
•
consultations and agreements between managers ;
•
establishing or operating a conciliation committee on an ad hoc basis;
•
negotiations conducted by the parties' governing
bodies ;
•
participation - as necessary , as an invitee - in the other party's board meetings.
g) The employer undertakes to invite trade union representatives to all meetings, discussions, etc., the subject of which is the preparation or making of decisions affecting the living and working conditions of employees,
in order to provide rapid information .
h) The employer undertakes to provide the trade union with all information concerning issues related to the legal relationship of employees.
i)
From the perspective of the trade union's right to information , an employer 's measure that affects at least 10% of the number shall be considered to affect a larger group .
j)
In exercising their rights and fulfilling their obligations, the entitled party and the obligated party must act with mutual respect and cooperate. The activities of the Parties may not infringe the legitimate (economic, ethical) interests of the other party or lead to the infringement of the legal rights of those they represent.
Chapter II
Conditions for exercising trade union rights
I) Ensuring the operating conditions of trade unions
a)
The employer shall provide the conditions necessary for the operation of the trade union , such as , for example, the premises necessary for holding trade union events, without compensation; shall ensure the use of telephones necessary for the operation of the trade union , and the reproduction of information materials in a limited number of copies, if possible ( Section 272(8) ). The trade union shall be entitled , in accordance with the agreement with the employer , to use the employer's .
b)
The parties also agree to negotiate in order to resolve any disputes that may arise .
2) Protection and working time benefits for trade union officials (Mt.273.§)
a)
With regard to the labor protection of trade union officials , the employer declares that it does not discriminate against officials in any way due to their activities , and the Trade Union declares that it exercises its related rights in accordance with their social .
b)
The Trade Union shall inform the employer which of the officials shall benefit from the protection provided for in Section 273 of the Labour Code.
e) In order to perform tasks that can only be performed during working hours, the elected officials of the Trade Union are entitled to a monthly working time allowance as specified in Section 274 (2) of the Labour Code . The headcount data serving as the basis for the calculation shall in all cases correspond .
d)
The official may use the working time allowance exclusively for the performance of his/her trade union activities. For the duration of the working time allowance, the official is entitled to the absence pay specified in the law.
e)
The Trade Union officials shall inform the employer in writing about the use of the working time discount in the notification indicating the reason for the absence .
f)
The contracting parties agree that if the use of the benefit due to the official would jeopardize the proper operation of the Employer, the situation will be resolved through negotiation, taking into account mutual interests.
3) Afelek's privacy statement, data protection
a)
The parties undertake to treat the information received from the other party, the knowledge and data that they have come to know during the consultation as confidential , and to undertake to maintain complete confidentiality in the event of the other party's express declaration of intent, written indication (indicating it in documents), or even at its oral request.
b)
The activities of the parties may not otherwise harm the legitimate interests of the other party , nor may they lead to the infringement of the constitutional rights of the persons they represent.
e) The parties hereby agree that in order to conclude and perform this contract, the names, positions and workplace contact details of the parties’ natural person representatives, employees and other collaborators (hereinafter collectively referred to as: collaborators) and, if necessary , other data related to the employment relationship will be processed as personal data . The purpose of data processing is to prepare and conclude the contract, to prepare documents arising during the performance of the contract, and to maintain contact.
d)
The legal basis for data processing is the legitimate interest
of the parties in the performance of the contract , the methods of data processing are the recording, storage, use and deletion of personal data . The Parties process personal data until the expiry of the document management retention period of this collective agreement. The sources of personal data with regard to their own contributors are the given contracting parties, as data controllers, who, by signing the contract , declare that they have verifiably informed their own contributors about the data processing pursuant to this point and have obtained their consent to the data processing.
Part Three
Workers ' participation rights
Participation rights are exercised by the community of workers in an employment relationship with the employer or in another legal relationship aimed at work , or by bodies directly elected by them on their behalf .
Chapter I
The works council (Mt. § 235- § 266)
The works council represents the employees in terms of employee rights, for the cooperation between the employer and the employees , and for their participation in the employer's decisions .
The works council is elected for a term of five years. The employer shall bear the reasonable costs associated with the election and operation of the works council .
I) Powers of the works council
a)
The task of the works council is to monitor compliance with the rules governing employment relationships .
b)
In order to perform its duties, the works council is entitled to initiate a discussion by providing information and stating the reason , which the employer may not refuse.
e)
The employer informs the works council every six months
•
on issues affecting your economic situation ,
•
changes in wages , liquidity related to wage payments , characteristics of employment , use of working time, characteristics of working conditions,
•
the number of employees employed by the employer and their job titles.
d)
The works council informs employees about its activities
every six months .
e)
The employer and the works
council jointly decide on the use
of funds for welfare purposes .
f)
The employer shall seek the opinion of the works council at least fifteen days before making its decision on draft employer measures and regulations affecting a larger group of employees .
The following are considered employer measures :
•
reorganization, transformation of the employer , transformation of an organizational unit into an independent organization ,
•
management and protection of personal data concerning the employee ,
•
use of technical means to monitor the employee ,
•
measures to create healthy and safe working conditions and to prevent work accidents and occupational diseases,
•
introduction and modification of the
new work organization method
and performance requirements,
•
training - related plans,
•
using employment promotion subsidies ,
•
draft measures for the rehabilitation of employees with health impairments or altered working capacity ,
•
defining the work schedule ,
•
defining the principles of remuneration ,
•
a measure aimed at maintaining the requirement of equal treatment and ensuring equal opportunities ,
•
balancing family life and work ,
•
other measures specified in the employment relationship rules .
2) Expanding the powers of the works council
a) In matters concerning the work of
the orchestra, the orchestra members exercise their participation rights through the works council. The works council's participation rights may not infringe or restrict the rights of trade unions specified in the law.
b)
The employer undertakes to provide the works council with the right to information and express opinions on economic matters affecting the employees of the music faculty .
e) Before making a decision, the employer shall inform the works council of any plan that affects at least 10% of the employees.
Chapter II
Arts Committee
The Artistic Committee (hereinafter referred to as MB) is the professional representation of the orchestra , the advisory body of the director and the artistic director/conductor.
Members:
•
concertmasters,
•
elected representatives of the following instrument groups : leaders of bass strings, woodwinds and brass groups, percussion leader,
•
1 person elected by the orchestra for a period of two years ,
•
if the number of members of the Artistic Committee is even, an additional
1 person must be elected from the orchestra's membership for a period of two years .
1)
The employer undertakes to seek the opinion of the Arts
Committee and decide on the following issues:
•
nomination for an artistic award ,
•
determining the group of invitees from among those applying for the audition ,
•
participation in domestic and foreign concerts, audio and video recordings organized by external organizations , and the selection of conductors, soloists and programs participating in these.
2)
The employer undertakes
to grant the Arts Committee the right to make proposals on the following issues:
•
employment issues affecting orchestra members ,
•
calling for a trial game .
3) Before making a decision , the employer shall consult the Arts Committee :
•
the monthly and
annual program schedule, including the conductors and collaborators to be invited ,
•
a plan for the personnel changes to be implemented in the artistic direction and the structural changes affecting the orchestra ,
•
the circumstances affecting the artistic quality of performances outside the orchestra's headquarters and abroad (program, contributors, number of traveling personnel, locations),
•
scheduling the purchase and maintenance of the work equipment (musical instruments and accessories) provided by the employer necessary for performing artistic work ,
•
the general principles of permitting performances outside the scope of work performed for the employer, which arise from the nature of artistic work and have a beneficial effect on individual artistic development .
4)
The orchestra secretary will make an audio recording and minutes of the meetings of the Artistic Committee , which must be certified
.
Members of the Artistic Committee are required to attend the auditions and contribute their opinions to the selection of the most suitable candidate for the orchestra.
Chapter III
The association meeting
1) The association meeting is the main community forum for the internal life of the orchestra. At the association meeting, the orchestra leaders, the trade union, and the president of the works council are required to inform the community of employees about all issues related to the orchestra's activities and affecting them.
2) The association meeting shall be convened as necessary, but at least twice a year . The director shall ensure that the association meeting is convened.
3)
An extraordinary meeting of the association must be convened if the
•
interest representation bodies,
•
the artistic director/chief conductor,
•
the arts committee,
•
requested by 1/3 of those entitled to participate in the works council or association meeting .
4) At the association meeting, the employee community can freely express their opinion on the information provided there, as well as on issues related to the living and working conditions of the employees .
S) The orchestra's management is obliged to respond to questions raised at the association meeting on the spot or in writing within eight days.
6)
The company has the right to express its opinion on the appointment of the artistic director/chief conductor and the extension of his/her contract. The expression of opinion takes place by secret ballot.
7)
The director, artistic director /chief conductor/ of the orchestra and the trade union may order that a question within their decision-making powers be put to a vote at the association meeting.
If those with decision-making powers delegate this authority to the association meeting, this must be expressly provided for. The manager or the interest representation body that waives its decision-making rights may also provide for the majority of the resolution of the association meeting that it accepts as binding on it.
If the person entitled to do so does not waive his/her right to decide, the result of the vote is only informative, but the person with the decision-making power is obliged to provide a substantive justification if the opinion obtained through the voting of the association is disregarded when making a decision.
8)
The association meeting only has the right to make decisions if the person entitled to make a decision expressly delegates this
power in the manner described in point g) .
9)
The association meeting itself decides - by a simple majority of those present - whether the voting will be open or secret.
10)
The association meeting shall make a resolution in exercising its decision -making
power .
11)
All employees of the institution are entitled to participate in the association meeting .
12)
Society meetings are considered a service for orchestra artists . Participation in society meetings is mandatory for those entitled to attend, and any absence must be justified.
13) The association meeting has a quorum if at least 2/3 of those entitled to participate are present .
The association meeting - unless otherwise provided in point 10 ) - makes its resolutions by a simple majority .
14)
Minutes must be taken of the association meeting, therefore an audio recording of the meeting will be made, which will be provided by the music faculty secretary.
15)
The minutes are certified by a representative of the works council and the trade union .
Part Four
Establishment, termination and termination of employment
Chapter I
Conditions for establishing an employment relationship
1) An employment relationship with the employer may be established for a fixed or indefinite period of time, in accordance with the provisions of Sections 42-50 of the Employment Act , with the following additions:
A fixed- term employment relationship may be established in particular (but not exclusively) in the following cases:
a) for the purpose of substitution ,
b)
to perform specific work or perform a task
e) employment in higher management or executive positions ,
d)
to perform artistic and artistic work .
2) Fixed -term employment relationship established for the purpose of performing artistic and artistic work pursuant to Section 29 of the Emtv.
- unless the parties agree otherwise - it lasts until the end of the season. In the case of a legal relationship for the employment of an orchestra member established for a fixed term, the employer shall communicate its affirmative or negative declaration regarding continued employment to the employee in writing no later than four months before the expiry of the fixed term . If the employer fails to make the declaration, it shall be obliged to continue the employment of the employee - at the employee 's request - at least under the conditions corresponding to the expiring contract . The employer shall communicate its detailed offer regarding the extension of the legal relationship in writing no later than three months before the expiry of the contract, and employeethe shall respond to the employer's offer in writing within one month (Emtv. § 37).
3) The artistic and artistic positions specified in separate legislation may be filled by those who meet the qualifications and other conditions specified in the legislation. Exception: on the basis of Government Decree 122/2011. (VII. 15.) on the detailed rules on the qualifications and other conditions required for filling certain artistic and artistic positions . The director may exceptionally grant exemption (dispensation) from the conditions relating to professional qualifications in the cases specified in Section 26 of the Emtv.
4)
Before establishing an employment relationship , the prospective employee must be informed of the exact conditions of the employment relationship, and his/her suitability and expertise must be verified . The condition for establishing a legal relationship is a successful professional trial, and he/she must also meet the health suitability conditions.
S)
The prospective employee may not conceal from the employer any fact, circumstance or condition that would prevent the conclusion of the employment contract or make it unlawful. The employee shall bear the consequences and damages resulting from misleading information.
Audition/Audition
Rules
1) An employment contract for performing arts positions in the orchestra may be granted after passing a public audition . Before establishing an employment relationship, it is necessary to ascertain the employee's professional suitability and expertise. In the case of filling an artistic position, the prerequisite for establishing an employment contract is participation in a professional audition. During the audition, the joint position of the members of the affected section, the section leader, and the artistic director decides on the candidate's professional suitability. The final decision is made by the employer the applicant is appointed taking into account the opinion of the professional committee. In the case of substitution, a fixed-term employment contract may be granted until the official competition is completed.
2)
The panel judging the rehearsal consists of the orchestra's artistic director/chief conductor and concertmasters, the artistic committee, and, depending on the various rehearsals, the following:
a)
concertmaster: entire orchestra membership,
b) first wind players or in the case of a solo assignment and harp: all wind players, all string and percussion soloists
e)
wind instruments: wind, string and percussion leaders, members of the given voice ,
d)
string
leader: wind, string and percussion leaders, members of a given line ,
e)
percussionists: wind and string leaders,
f)
string
tutti: wind, string
and percussion leaders and the members of the given part .
3)
The
assessment consists of the following
3 equal votes :
a)
artistic director
b)
arts committee
c)
the orchestral artists specified in point 2. In case of dispute , the opinion of the competent section shall decide.
4)
The director determines the date of the rehearsal , ensures its announcement and implementation . The rehearsal material is compiled by the principal of the relevant part (in the case of violin, the concertmasters) with the approval of the artistic director/principal conductor.
1)
The probationary period must be stipulated in the employment contract . The duration of the probationary period with the employer is six months
.
2)
The extension of the probationary period stipulated in the employment contract is prohibited. During the probationary period, either party may terminate the employment relationship with immediate effect without giving reasons . In the case of a fixed- term employment contract for the performance of a specific job or task , or in the case of a new employment contract between the same parties , a probationary period does not need to be established.
3)
Before the end of the probationary period, in the case of artistic employees, the director shall seek the opinion of the artistic committee, the artistic director and the affected group.
4)
In the case of a fixed -term contract , Section 45/5 of the Employment Act shall apply with regard to the rules on the probationary period .
Agreements related to the employment contract
1)
After a successful trial run , an employment contract can be concluded with the employee .
The employment contract must include :
a)
the employee's job title
b)
the position held in the band
e) working hours and wages
d)
the place of work
e)
the starting date of the employment relationship
f)
whether the employment relationship
is established for a fixed or indefinite period ,
g)
in the case of fixed-term employment, the fact that makes this possible, or the legal authorization or other provision on which the fixed-term employment contract is based,
h)
the employment contract and the date of its acceptance .
2)
By signing the employment contract, the new member accepts the Organizational and Operational Regulations, the Collective Agreement and the job description containing
his/her duties . Within the employment contracts, the assignments of the principal (deputy) are for a fixed period of 3 years . (This may only be deviated from upon the unanimous proposal of the artistic director and the artistic committee .) In the case of an employment contract for the first time, a 1-year probationary period may be applied. They are entitled to a salary supplement for the duration of their assignment .
Proper exercise of employee rights
1) In exercising rights and fulfilling obligations, the entitled party and the obligated party must act with mutual respect and cooperate.
2)
The exercise of the right - pursuant to Section 7 of the Civil Code - is particularly inappropriate if
a)
the employer appoints the employee for a fixed term without a legitimate
reason , or extends the fixed term appointment in such
a way that it leads to the impairment of the employee 's legitimate interests .
b)
the employer terminates the employee's legal relationship for an improper reason, in violation of the rules governing the termination of acquired rights.
Chapter II
Termination and termination of M. 's employment relationship
1)
Termination of employment
The provisions of Chapter X of the Labour Code (§ 63-85) govern the termination and termination of the employment relationship .
2)
The/narration
The rules on the conditions, limitations, prohibitions on termination and the period of exemption are set out in Section 65 of the Labour Code.
It is contained in Section 76 .
3)
Termination with immediate effect
a)
Both the employee and the employer are entitled to terminate the employment relationship with immediate effect , in accordance with the conditions set out in Sections 78-79 of the Labour Code .
4)
Final satisfaction
b) The conditions, exclusion grounds and extent of entitlement to severance pay are otherwise contained in Section 77 of the Labour Code .
e) Pursuant to Section 3 (5) of Act XXXII of 2020 on the transformation of the legal relationship of public employees of cultural institutions and the amendment of certain cultural laws, the rules of the Civil Service Act on severance pay shall apply to the employment relationship established by the transformation of the legal relationship of public employees on 1 November 2020 for the five years following the transformation . Accordingly , in the event of the termination of the legal relationship of the employees concerned by 31 October 2025 , the provisions of the Civil Service Act on severance pay shall apply, in particular: Section 37) of the Civil Service Act.
Chapter III
Rules on rights and obligations related to work ( Mt.51- §)
l)
The employer's obligations related to the employment relationship (Mt. § 51 )
a)
The employer is obliged to ensure the conditions necessary for the healthy and safe performance of work in a manner that can be expected of him :
•
ensure the appropriate temperature in the workplace (offices, workshops, rehearsal rooms, on stage) .
•
in the case of artificial lighting, an effort should be made to approximate natural lighting .
•
at performances: during performances, appropriate communal areas and dressing rooms with basic conditions must be provided at the production location .
•
when traveling: in the case of a tour, appropriate quality accommodation must be provided , rooms with at least medium comfort level and conditions suitable for relaxation.
b)
The person exercising the employer's authority is obliged and entitled to provide the employee with the information necessary for the work , to ensure
his/her management , and within this framework to regularly monitor his/her work , to define his/her tasks and to instruct him/her in order to ensure proper work.
e) The employer is obliged to pay the employee the wages and other benefits specified in the legislation, internal regulations, this Collective Agreement, as well as the employment contract and other agreements .
d) If the employee temporarily performs a task that is not part of his/her job while also fulfilling his/her original job duties, he/she is entitled to special remuneration.
e) In the event of work abroad, the employee must be informed as soon as possible about the expected date and duration of the work, the development of daily rates, and the conditions of the trip.
f)
The duration of the employee's journey from the place of residence or residence to the actual place of work and the duration of the journey from the place of work to the place of residence or residence shall not be considered working time in accordance with . The exception is travel to concert venues outside the orchestra's headquarters .
g) If actual work is performed at multiple work locations within a given working day, the duration of travel between different work locations shall be considered working time.
2) The employee's obligations
related to the employment relationship (Mt. § 52)
a)
The employee is obliged to appear at work in a fit state. The employer has the right to check the fit state. The check of the fit state falls within the competence of the director. The director may assign another person or persons to perform specific inspection tasks on a case-by-case or permanent basis. A report must be made on the lack of fit state .
b)
An employee is considered to be fit for work if:
•
is fit for work based on his/her health condition ,
•
is not under the influence of alcohol or intoxicating substances ,
•
participated in occupational safety and fire safety training .
e) The employee is obliged to immediately notify the employer, primarily his immediate superior, if his appearance at the workplace is hindered. He is obliged to immediately report the reason for his absence from the workplace ( illness, etc.) and its foreseeable duration. The orchestral artist is obliged to report the illness and absence from rehearsal to the orchestra manager and the head of the section. The orchestra manager is obliged to inform the director, orchestra secretary, concertmaster and conductor of this.
d) The orchestral artist must appear with his instrument at the designated rehearsals 15 minutes before the start of the rehearsal and confirm this by signing the attendance sheet. The manager will ring the bell 10 minutes before the start of the rehearsal to signal the orchestral artists to take their places in the orchestra.
e) The concertmaster will start tuning at least 5 minutes before the rehearsal and the attendant will check attendance. The current concertmaster is responsible for discipline and order at orchestra rehearsals .
f) The presence of the person in charge is mandatory for rehearsals and concerts held in the Bartók Hall . For events held outside the headquarters , the person designated by the director will perform the task.
g) During concerts and performances , orchestral artists are required to be at the venue 30 minutes before the start . The manager keeps a record of late arrivals. In the event of 3 late arrivals , the manager will initiate a late warning with the employer , which will result in a salary deduction. The procedure must be completed within 15 days.
h) The employee is obliged to participate in the training prescribed by the employer - related to his job . The costs related to participation in the training are borne by the employer , and no learning contract may be concluded in this regard . The employee .
i)
All employees of the orchestra are obliged to immediately report
any changes to their personal data .
j)
The employee is obliged to inform the workplace manager if he or she notices any fact, circumstance or procedure in connection with the employer's operations that may cause damage to the employer, and may request instructions from the immediate manager regarding the activities aimed at preventing these.
k)
The rules on confidentiality are regulated by Section 8 (4) of the Act .
1)
The employee is obliged thepreparatoryandfinishingwork his jobworking hourstheschedule. If this cannot be completed during working hours,thethemanager entrusted with the exerciseof employerrightsruleson employment within the working hours framework.
m) The employee is temporarily obliged, on the instructions of the employer, to perform work that is appropriate to his/her qualifications but does not fall within the scope of his/her job , to perform work for another employer (secondment) and outside his/her permanent workplace ( mission). Unless otherwise agreed, the duration of the different employment may not exceed a total of forty-four working days or three hundred and fifty-two hours per calendar year (Mt. § 53).
3) Other
rules related to work
a)
Every orchestral artist is obliged to maintain and further develop their artistic skills and instrumental knowledge, and to appear prepared for rehearsals and performances .
The scores (readable, page-turning sheet music) can be received by the orchestra member four weeks before the first rehearsal for preparation, at the time and place indicated by the scorekeeper.
In the scores of the pieces featured in the program, the concertmaster and string leaders mark the genres and other aspects before the first rehearsal. (The concertmaster and leaders' agreement on genres is considered a service.)
b)
Orchestraartistsare required to appear in full costume at performances.to verify whetherthemusic faculty artist fulfills this obligation.
The employer is obliged to provide uniforms for band members .
Manual workers are entitled to work clothes , which the employer is also responsible for providing .
Detailed rules regarding workwear and knitted clothing are contained in Annex 2 of the collective agreement .
e) In the interests of the artistic quality of the performances, the health of the members , and the preservation of the quality of the valuable musical instruments , performances and rehearsals cannot begin below 17 degrees Celsius.
If there is an extremely important interest in holding the performance or rehearsal , the director, after consulting the membership, decides whether to hold it or postpone it . Other factors that prevent holding an outdoor performance or rehearsal are precipitation and extremely strong winds.
d)
The orchestral artist cannot be obliged to perform a private
musical number .
e)
The orchestral artist may
undertake work outside his/her scope of work on an individual basis, for a separate fee .
f)
The provisions relating to the rules of work abroad - posting - organised by the employer are contained in Annex 1.
4)
Exemption from work obligation
The main rules for exemption from work are regulated by Section 55 of the Labour Code .
5
) Additional employment relationship
a)
An additional legal relationship aimed at employment may only be concluded in the case of orchestra artists if it does not affect the working hours of the main employment relationship .
The employee is obliged to notify the employer in advance of the establishment of an additional legal relationship aimed at work that does not affect the employee's working hours - with the exception of scientific, teaching, editing, intellectual activities protected by copyright, and voluntary activities in the public interest - who may prohibit the establishment of the additional legal relationship if it endangers the proper operation of the performing arts organization.
b)
The employer may prohibit the establishment of a legal relationship for work subject to the notification obligation after notification if it is incompatible with the work performed for the orchestra.
6)
Incompatibility /intangibility
a)
The orchestral artists of the Savaria Symphony Orchestra who are covered by the collective agreement may not be permanent members of other professional orchestras.
b)
The members of the orchestra may perform regularly or occasionally in other orchestras than the
Savaria Symphony Orchestra or the orchestra established by the orchestra, provided that they fully fulfill their obligations arising from their legal relationship with the Savaria Symphony Orchestra.
e) If the employer becomes aware that a member of the band is violating the conflict of interest rule set out in Section 6.1 , he or she shall be required in writing to immediately eliminate the cause of .
7) Use of musical instruments provided by the Savaria Symphony Orchestra
a)
The orchestral artist is fully financially responsible for the instrument provided by the orchestra when using it outside of
working hours .
b)
The director shall coordinate the loan of musical instruments owned by the orchestra with the competent conductor in advance .
Chapter IV
Rules on working hours and rest periods (Mt. §§ 86-109 Emtv. § 38)
1)
Special rules concerning the work schedule of orchestral artists (2008. XCIX
tv)
• Definition of service :
a) The duration of a service is a maximum of 3 hours. If the duration of the rehearsal - including the main rehearsal - exceeds 3 hours, each hour started shall be considered an additional ½ service.
b)
The
performance is considered one service, regardless of its duration .
e) If a rehearsal was not possible at the concert venue, an acoustic rehearsal may be held one hour before the performance . The duration of the acoustic rehearsal is a maximum of 30 minutes and is not considered service up to this time .
d)
If the acoustic test lasts longer than 30 minutes , it is considered half a service .
e) The manager must notify the conductor of the end of the rehearsal . ( In the absence of the manager, the concertmaster in question shall notify the end of the rehearsal.) The acoustic rehearsal must be announced to the orchestra artists on the rehearsal board - along with the other rehearsals.
f) The annual number of services (number of rehearsals and performances) of an orchestra member may not exceed 308 services per season. The regular monthly working hours of orchestra members consist of no more than 32 services.
g) If the work ordered by the employer exceeds 32 hours of service per month , the rules of the Labor Code regarding extraordinary work (Law 139-143) shall apply.
h)
The number of hours worked by part-time orchestral artists thespecified in their employment contract.
i) The employer shall determine the working hours to be performed by the employee within a 3-month working time frame based on the duration of daily working hours set out in Section 92 of the Employment Act , on the condition that the number of work assignments specified in the services may not exceed the monthly number of 32 services specified in Section 38 (1) of the Employment Act.
•
Determining the rehearsal schedule
The arrangement of working hours is determined by the employer within the framework of the Collective Agreement .
a) An orchestra member may be required to perform 2 shifts in one day , with a minimum of 2 hours of rest between shifts . In particularly justified cases , a shorter rest period may be provided with the prior consent of the trade union .
b) An exception is youth concerts, of which up to 3 can be held in one day , without providing a 2-hour rest period between each concert.
e) Rehearsals shall begin at 9:30 a.m. and end at 12:30 p.m. and/or begin at 6 p.m. and end at 2:15 p.m., or in the case of a 4-hour rehearsal, begin at 9 a.m. and end at 1 p.m. A 4-hour rehearsal shall be considered 1 and a half hours of service and in this case no more service may be performed that day.
d) The dress rehearsal of an opera performance can be 5 hours long if necessary, provided that it is the only rehearsal that day. A 5-hour rehearsal counts as two shifts. A rehearsal can last a maximum of 5 hours.
e) The rehearsal break is 20 minutes, or two 15-minute breaks in the case of a 4-hour rehearsal.
Any other duration must be announced before the break.
f) The concertmaster in charge, or in his absence, is obliged to warn the conductor about the current break or the end of the rehearsal .
g)
In exceptional cases, 3 services may be held in one day .
h) The third service fee must be paid to the orchestra artist together with the salary for the month in question, with a 100% salary supplement. Youth concerts are an exception.
i) Three services per day cannot be ordered on two consecutive days. Youth concerts are an exception .
j) Az éves munkatervet a
munkáltató köteles a tárgyévadot
megelőző évad utolsó hónapjáig elkészíteni és
azt a zenekar tudomására
hozni. A munkatervnek tartalmaznia kell
a tárgyévad koncert-, és felvétel terveit.
k) A havi munkarendet legkésőbb a tárgyhót hat héttel megelőzően, a
szólambeosztásokat négy héttel korábban kell a zenekari művészek tudomására
hozni.
1)
The announced rehearsal schedule may only be changed in justified cases. Any changes to the rehearsal schedule will be announced 72 hours in advance by the orchestra secretary via email, on the notice board, and in the rehearsal schedule posted on the orchestra website.
m)
The employer undertakes to decide on the change of duty schedule within 72 hours after consulting the artistic committee and the trade union . Service cancelled within 72 hours shall be considered as service performed.
n)
The person in charge may communicate any extraordinary sudden change by phone, text message or e-mail . The band members are obliged to carry out the instructions received in this way.
o) The advertised rain day is considered a service , whether used or not.
p)
In the event that the work is not done at the orchestra's headquarters and the absence exceeds 12 hours a day, a special allowance may be granted based on consultation with the interest representation, the amount of which depends on the mutual agreement.
2)
Working during extraordinary hours ( Mt. § 107 - § 112 ; § 139 - § 152 )
a)
The employer shall , in exceptional cases, oblige the employee to work extraordinary working hours per week. The following shall be considered to be working extraordinary working hours:
•
different from the working hours
•
outside working hours
b)
The maximum number of overtime hours that can be ordered is 250 hours per year, including overtime that can be ordered on rest days and public holidays
.
e) Extraordinary work may be ordered in the event of an accident or natural disaster, or to prevent material damage .
3)
Rules on daily rest periods and leave ( Art. 104.
§)
a)
The employee must be provided with at least eleven hours of uninterrupted rest time (daily rest) between the end of their daily work and the start of the next day's work.) A rehearsal may only be held before noon following the day of the evening concert in exceptional circumstances.
b)
The date of granting leave is determined by the employer - after a preliminary hearing of the employee (Mt. § 122 ). In exceptional cases (family reasons, unexpected situation) it is possible to report the request for leave immediately before it is granted.
c)
The leave must be granted in the year of its due date. Leave shall be deemed granted in the year of its due date if the uninterrupted duration of the leave - if it begins in the year of its due date - expires in the following year , and the part of the leave extending into the following year does not exceed five working days. In the event of an important cultural (artistic, public education , etc.) or economic interest, the employer may grant one quarter of the leave no later than 31 March of the year following the year of its due date.
d)
The leave must be granted in accordance with Section 122 (2) - (4) of the Employment Act, Section 36 (1) - (2) of the Employment Act and the annual leave plan. Contrary to the provisions of Section 122 (2) of the Employment Act, the employer is not obliged to take into account the employee's request for the date of the seven -day leave when granting regular leave , in exceptional and justified cases, if this would seriously jeopardize the employer's normal operation. The employer must inform the employee of this immediately and state when the leave can be granted . Pursuant to Section 122 ( 3) of the Employment Act , the employer and the employee may agree that the employer may grant leave for a period shorter than fourteen consecutive days only at the employee's request .
e)
Employees performing artistic and artistic work are entitled to five (5) working days of additional leave per year, pursuant to the provisions of Section 36 (2) of the Emtv.
f)
g)
The employer undertakes to grant the band members' leave during the summer months, preferably at the same time .
4
) Unpaid leave
a) Pursuant to
Sections 128-133 of the Labor Code , the employer may grant the employee, upon written request - taking into account personal, family, financial and other circumstances - unpaid leave, the amount of which may not exceed one year at a time.
b)
In addition to the cases regulated in the Labor Code, the employee may also request unpaid leave in writing in the following justified cases :
•
external artistic, professional engagement (for the entire duration of a production )
•
a reasonable personal reason
•
professional study - exclusively in the case of training courses
that can be used in the artistic work of the symphony orchestra
Chapter V
The regulations regarding remuneration for work in the orchestra are determined based on Sections 136-164 of the Hungarian Labor Code .
Basic wage (Mt. § 136 )
1) For orchestral artists, hourly wages are determined in monthly basic wages. The employee's hourly basic wage shall generally be divided by the divisor 174, or in the case of part-time or full- time working hours other than the general working hours, by the proportional part of 174 hours. In the case of specific settlements due in a given month, the hourly wage shall be calculated according to the number of working days in the general working schedule applicable in that month.
2)
Monthly basic salary is the hourly wage for the performance of the employee's job duties specified in the employment contract for a period of one month .
3)
The minimum amount of the monthly basic wage is the current mandatory minimum wage or guaranteed minimum wage, which must be reviewed every calendar year.
Performance wage (Article 138 of the Labor Code) §)
1)
Performance pay is a wage element that an employee is entitled to solely based on a predetermined performance requirement. Performance pay is adjusted to the effectiveness of the employee's work , and there is a direct correlation between the quantity and quality of the work performed and the performance pay element paid .
2)
Applied forms of performance pay :
a)
a performance fee payable to performers in recognition of quantitative achievements and a differentiated contribution fee payable to employees contributing to the creation of performances (hereinafter collectively referred to as: performance fee), the basic amount of which per service is determined by the director depending on the budget.
Differentiation indicators: concertmasters: 200% of the basic amount
string leaders and first wind players, tuba, timpanist: 130% of the basic amount; instrumentalists: 115% of the basic amount
Totals: 100% of the basic amount
technical employees: 50% of the basic amount
b)
a salary component payable in recognition of the quality performance of performers based on the years spent in the Savaria Symphonic Music Faculty (hereinafter: artistic performance recognition).
In the Savaria Symphony Orchestra, the following amounts can be ordered as salary components based on quality performance , based on the years spent with the ensemble:
•
0 - 3 years gross 30,000 HUF
• 4 - 6 years gross HUF 35,000
• 7 - 12 years gross HUF 65,000
• 13 - 18 years gross HUF 75,000
• 19 - 24 years gross HUF 85,000
•
25 - 30 years gross HUF 95,000
•
31 - 36 years gross 100,000 HUF
• 37-42 years gross HUF 130,000
•
From 43 years old gross 160 OOO HUF
c)
employees of the Savaria Symphony Orchestra who are not performing artists are entitled to a performance-based salary based on the years spent at the institution , the amount of which is 50% of the amounts included in the table established for performing artists.
Wage supplements Mt. § 139 - 143. §
1) The employee is entitled to a wage supplement in addition to his regular working hours. In the orchestra, in addition to the basic wage, employees may receive wage supplements listed in the law based on the certified data of the working time register. The basis for calculating the wage supplement - unless otherwise agreed - is the employee's hourly basic wage.
2)
3)
4) The employees of the Savaria Symphony Orchestra are entitled to the following professional allowances, based on their job position :
•
concertmasters : gross HUF 60,000 per month ,
•
leaders of woodwind and brass groups : 20,000 HUF gross per month ,
•
string soloists, soloist 1st wind soloist , percussion soloist
and 1st timpanist: gross 30,000 HUF per month
•
the first wind players and the tuba player: HUF 20,000 gross per month
•
1st violin part - time teacher: gross HUF 10,000 per month
•
technical manager: HUF 20,000 grossper month
•
the head of the secretariat: HUF 20,000 gross per month
•
the band
secretary: gross HUF 70,000
•
the agent: gross HUF 90,000
•
the music scorer: gross HUF 120,000
Other
provisions concerning orchestral artists
1)
Orchestral artists who work in prominent professional positions in the symphony orchestra may be transferred to a lower position 10 years before becoming eligible for retirement, with their allowance retained , provided that they have already performed the above-mentioned position for at least 15 years when they become eligible for retirement.
2)
For an orchestral artist who plays an instrument not appropriate to his/her job or a special instrument - based on the authorization in Section 35 (1) of Act XCIX of 2008 - the employer shall determine a separate remuneration on a case-by -case basis.
The following instruments are considered special: alto flute, oboe d'amour, saxophone, D-clarinet, viola d'amour, piccolo, D and E-flat trumpets, alto trombone, contrabass trombone, cimbasso
3)
There is no separate fee for the use of so-called auxiliary instruments (piccolo for flutists, English horn for oboists, E- and bass clarinets for clarinets , contrabassoon for bassoonists , cornet or flugelhorn for trumpeters)
4) The concertmaster and soloists are not entitled to separate remuneration for orchestral solos .
5)
If the orchestral artist performs other tasks in addition to his/her contractually stipulated job (musician, manager, orchestra secretary), he/she is entitled to a fixed -term salary supplement .
The orchestral artist is entitled to remuneration for performing other tasks in addition to his / her basic salary .
6)
If the orchestral artist's other assignment is terminated for any reason, his/her basic salary cannot be increased by the amount of the salary supplement.
7)
Orchestra artists participate in radio and television appearances at home and abroad (except for live concert recordings, recordings of performances with a subscription, and recordings made for promotional purposes), in record and film recordings, as well as in conducting courses and competitions , and in accompanying musical pieces (opera, operetta, ballet or musical theater pieces. The amount of the fee is determined by the employer in a separate fee on a case-by-case basis, based on the authorization written in Section 35 (1) of Act XCIX of 2008 , depending on the realized own income related to the event and the annual budget. The director informs the employees about the amount of the expected fee.
8)
An award may be given for outstanding performance by an orchestra artist and outstanding work by other orchestra employees .
9)
The artist who wins the title of " Orchestra Musician of the Year" shall be awarded a reward. The amount of this reward shall be the amount of the current professional minimum wage.
Anniversary reward
1) Pursuant to Section 3(5) of Act XXXII of 2020 on the transformation of the legal relationship of public employees of cultural institutions and the amendment of certain cultural laws , the rules of the Jubilee Bonus Act shall apply to the employment relationship established by the transformation of the legal relationship of public employees on 1 November 2020 for the five years following the transformation until 31 October 2025.
2) The rules and amount of the anniversary bonus are contained in Section 78 ( 1)-(5) of the Act on the Jubilee Bonus .
Chapter VI
Other compensations available to self-employed persons
1)
The institution's employees may receive a SZÉP card benefit from their current salary savings according to the cafeteria regulations.
2)
Workers commuting from rural areas are entitled to reimbursement of their travel-related expenses, if required by law , and to the extent specified therein .
3)
Housing allowance
An employee can receive support if :
a) is employed by the orchestra ,
b)
does not have an apartment in Szombathely or its surrounding area and submits a written request to this effect . The institution may provide service accommodation, the costs of which are paid by the employee.
4)
The employer shall bear the full cost of any necessary repairs to musical instruments used by the orchestra members
and belonging to the orchestra . In the case of necessary repairs to musical instruments owned by the orchestra members but used in orchestral work, the orchestra shall bear a certain part of the costs after occasional consultations , but the amount may not exceed 50% of the repair costs for costs exceeding HUF 100,000.
To carry out the repair , a proposal from the head of the department and an institutional order prepared with the appropriate pre-calculation are required .
The employer will ensure the purchase of musical instruments and accessories :
a)
string players : 2 sets of strings, 2 bows, 1 rosin per year, and for violin and viola parts, 1 cushion every five years
b)
woodwind instruments: cleaning agents, greases, lubricating oils required for maintenance as necessary, as well as reeds and reed materials as follows:
•
oboistáknak: fejenként és évente 50 db formára
vágott oboanád és 25 db angolkürtnád
•
klarinétosoknak: fejenként és havonta egy doboz nád (a mellékhangszerekhez szükség
szerint)
•
fagottosoknak: fejenként és évente
36 db kész fagottnád, vagy annak megfelelő mennyiségű nádanyag és 6 db
kontrafagottnád
c)
rézfúvósok: különböző
típusú hangfogók, kenőolajok és zsírok,
valamint a karbantartáshoz szükséges tisz títószerek szükség
szerint
d)
ütősök: félévente 3 pár
timpaniverő az első timpanistának, évente
2 pár timpaniverő a váltótimpanistának.
Évente 2 pár kisdobverő. Dallamhangszer- és egyéb verők igény és szükség
szerint (kopás, elhasználódás esetén azonnal szükséges cserélni). Bőrök: elhasználódástól, sérüléstől függően kell őket
cserélni. Gondos kodni kell tartalékbőrökről, különös tekintettel a timpani-
és kisdobbőrökre, valamint
speciális, jól zárható timpani-, nagyhangszer-
(nagydob, xilofon, vibrafon,
és marimba) valamint ütősládákról és azok karbantar
tásáról.
e)
A fúvós és ütős
hangszereket 10 év után lehetőség szerint cserélni kell az elhasználódás
miatt. A lecserélt hangszerekre, amennyiben azok értékesítésre kerülnek, az azon
játszó művészeket, ill. szólamtársaikat elő vásárlási jog illeti meg. Ugyanilyen
kedvezmény illeti a nyugdíjba vonuló zenekari művészeket, fúvós és ütős
hangszerek mellett a vonós hangszerek esetében is. A vételár a
hangszer piaci értékénél alacsonyabb nem lehet.
A kártérítési felelősség
l)
A munkavállaló kártérítési felelőssége
a)
A munkavállaló
általános kártérítési felelősségét, az eljárás
szabályait az Mt. 179. §-a szabályozza.
A mun kavállaló a munkaviszonyból származó kötelezettségének megszegésével okozott kárt köteles
megtéríteni, ha nem úgy járt el, ahogy az adott
helyzetben általában elvárható. E feltételek
fennállását, a kárt, valamint az
okozati összefüggést a munkáltatónak kell
bizonyítania.
b)
A kártérítés mértéke
nem haladhatja meg a munkavállaló négyhavi távolléti díjának összegét.
Szándékos vagy súlyosan gondatlan károkozás esetén a teljes kárt kell megtéríteni.
e) Nem kell megtéríteni azt a kárt, amelynek bekövetkezése a károkozás idején nem volt előrelátható, vagy amelyet a munkáltató vétkes magatartása okozott, vagy amely abból származott, hogy a munkáltató káreny hítési kötelezettségének nem tett eleget.
d)
A kár bekövetkezését a szervezeti egység vezetője haladéktalanul köteles bejelenteni a
munkáltatói jogkör gyakorlójának, valamint
köteles megtenni a kár enyhítésére, továbbá a károk megakadályozásához szüksé ges intézkedéseket is.
e)
In the event of a dispute, the employer may enforce its claim for damages in court , except for the mandatory minimum wage [Mt.
Section 153 (1) a) ] , which may also be enforced by means of a payment notice. The payment notice must be in writing.
f)
The employer may establish individual compensation rules in the internal regulations relating to the use of employees' equipment and inventory responsibility.
2)
Employer 's liability for damages
The employer's liability for damages and the rules of procedure are contained in Sections 166-177 of the Labour Code .
Chapter VII
The labor
dispute
Enforcement of labor rights claims
The rules and methods for enforcing labor rights claims are contained in Sections 285-290 of the Labor Code .
Annexes to the collective
agreement :
1.
Professional allowances
2.
Working abroad
3.
Workwear, uniforms
Part Five
Final provisions
•
The employee has the right - for reasons of protection of his/her personal rights - to inspect the personal data created about him/ her .
•
Upon the entry into force of this collective agreement, the previous collective agreement and all director's instructions, or any part thereof, that contradict the rules set out in this agreement shall cease to be valid .
•
The content of the collective agreement was developed based on the opinion of the working community and the consensus of the parties to the agreement.
•
The provisions of this collective agreement shall apply in accordance with the provisions of Act Woman. 1 of 2012 on the Labor Code, Act No. XCIX of 2008 on the Support and Specific Employment Rules of Performing Arts Organizations , and other laws relating to employment and qualifications.
•
This collective agreement is valid together with its annexes. The collective agreement does not apply to cases that are already ongoing (dismissals granted and labor regulations made) .
Szombathely, December 28, 2021 .
Kiss Barna, director, employer
oh GF--- _
sz : draft secretary on behalf of the trade union
Annex 1 of the collective agreement
Working abroad
• The director is obliged to inform the artistic director /chief conductor /, the artistic committee, the works council and the trade union about offers for foreign tours , and decides on the acceptance of the offer in agreement with them.
•
No orchestral artist may be required to travel abroad for more than one month .
•
During foreign performances, the maximum distance that can be covered by bus in one day is 800 kilometers. Deviations from this are only possible with the consent of the interest groups.
•
The rules for foreign assignments and domestic assignments apply . Vocal leaders are required to take artistic and individual interests into account when making assignments.
• The tour leader - in the absence of the director - is the tour leader appointed by the director . The appointed tour leader may receive a remuneration, the amount of which is determined by the director on a case-by-case basis.
•
The institution provides sickness , accident and luggage insurance at all times .
•
In the case of secondment to a non-EU country - the institution will cover the cost of issuing or renewing a passport (5 years, non-EU) and will arrange for the acquisition of any visas.
•
The orchestral artist is entitled to the following quality accommodation while working abroad , which is always provided by the client:
•
A maximum of 3 people can be accommodated in a room with a bathroom (shower). Breakfast is included in the accommodation for the orchestra artists participating in the tour.
•
Performances and rehearsals abroad are considered regular service .
•
The daily fee for the duration of the stay outside is the amount specified in the current budget decree of the maintainer.
•
The institution will provide transportation for musical instruments , sheet music, and clothing worn during the performance .
•
Separate women's and men's changing rooms of an appropriate number and size must be provided at the performance venue .
Szombathely, December 28 , 2021
Annex 2 of the collective agreement
Workwear, uniforms
•
Manual workers are entitled to a workwear allowance . The period of wearing the workwear (black T-shirt with lettering and black trousers) is one year, unless otherwise stated.
•
The institution provides uniforms for orchestra artists . Part -time employees also receive uniform allowances.
•
The uniform or work clothes become the property of the employee after the expiration of the wearing period . The uniform or work clothes also become the property of the employee if the employee's employment relationship has ended due to retirement due to old age or disability.
•
An employee leaving the institution is obliged to pay the employer a sum of forints proportional to the remaining wearing time of the work or uniform clothing in his possession, or the proportional remainder of the 5-year clothing allowance. ( Exception : if the employee 's employment relationship is terminated due to the employee's death.)
The uniform allowance to be provided to orchestra artists is as follows:
For male band artists :
tailcoat
suit
2 white shirts
l black shirt
a pair of patent leather shoes
Removal
time:
10 years
10 years
5 years
5 years
5 years
For female orchestral artists :
l black evening dress
Removal time:
5 years
l casual top, floor-length skirt or wide-leg pants 5 years l pair of black casual shoes 5 years
The institution takes care of having uniforms made .
Szombathely, December 28, 2021.
