ColleCtive labour agreements on temporary agenCy Work

ColleCtive labour agreements on temporary agenCy WorkbZa/Dgb Collective bargaining association

as of 9 march 2010

The Bundesverband Zeitarbeit Personal-Dienstleistungen e.v. (Federal Asso-ciation for Temporary Agency Work and Staff Services – BZA) ceased to exist in July 2011 when it merged with the Arbeitgeberverband Mittelständischer Personaldienstleister e.v. (Employers’ Association of Medium-Sized Person-nel Service Providers – AMP) to form the Bundesarbeitgeberverband der Per-sonaldienstleister e.v. (Federal Employers’ Association of Staffi ng Services) in accordance with the Umwandlungsgesetz (Reorganisation Act). All BZA’s rights and duties have been transferred to BAP as its full legal successor. This also applies to the temporary work collective bargaining agreements signed by the BZA and the DGB-Tarifgemeinschaft Zeitarbeit (the German Confed-eration of Trade Unions’ temporary work wage negotiation body).

Collective labour agreementon temporary agency WorkBZA/DGB Collective Bargaining Association

of 22.07.2003 amended by revised collective labour agreements

n of 22.12.2004

n of 30.05.2006

n of 09.03.2010

Contents

general ColleCtive labour agreement

§ 1 Scope of application 4

§ 2 Length of working time/full-time employment 5

§ 3 Part-time employment 5

§ 4 Distribution of working hours/flexible working hours 5

§ 5 Duty time/on-call time/standby time/rest periods 8

§ 6 Overtime 8

§ 7 Night work/Sunday and public holiday work Supplementary pay 8

§ 8 Assignment regulations 9

§ 9 Establishment/termination of the employment relationship 10

§ 10 Sickness pay 11

§ 11 Leave 11

§ 12 Absences/leaves of absence 13

§ 13 Pay regulations 14

§ 14 Pay conversion 15

§ 15 Special annual payments 16

§ 16 Limitation periods 17

§ 17 Final provisions 17

§ 18 Entry into force and termination 17

1

FrameWork ColleCtive Wage agreement


§ 2 Categorisation principles 18

§ 3 Pay groups 19


ColleCtive pay agreement


§ 2 Pay rates 21

§ 3 Pay tables 21

§ 4 Supplementary pay 22

§ 5 – deleted – 22

§ 6 Obligation to negotiate sector-specific supplementary pay 22

§ 7 Miscellaneous 23


appenDiX to the ColleCtive pay agreement

Pay tables July 2010 24

Pay tables May 2011 25

Pay tables November 2011 26

Pay tables November 2012 27

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ColleCtive labour agreement on temporary agenCy Workof 22.07.2003 amended by revised collective labour agreements

n of 22.12.2004

n of 30.05.2006

n of 09.03.2010

between the

n bundesverband Zeitarbeit personal-Dienstleistungen e.v. (bZa) (Federal Association for Temporary Agency Work and Staff Services) (BZA) Friedrichstraße 200, 10117 Berlin

and the undersigned member unions of the Dgb

n industriegewerkschaft bergbau, Chemie, energie (ig bCe) (Mining, chemical industry, energy) Königsworther Platz 6, 30167 Hannover

n gewerkschaft nahrung – genuss – gaststätten (ngg) (Food, restaurants etc.) Haubachstraße 76, 22765 Hamburg

n industriegewerkschaft metall (ig metall) (Metal workers) Wilhelm-Leuschner-Straße 79, 60329 Frankfurt am Main

n gewerkschaft erziehung und Wissenschaft (geW) (Education and science) Reifenbergerstraße 21, 60489 Frankfurt am Main

n vereinte Dienstleistungsgewerkschaft (ver.di) (Services) Paula-Thiede-Ufer 10, 10179 Berlin

n industriegewerkschaft bauen – agrar – umwelt (ig bau) (Construction, agriculture and environment) Olof-Palme-Straße 19, 60439 Frankfurt am Main

n gewerkschaft der polizei (gdp) (Police) Stromstraße 4, 10555 Berlin

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§ 1 sCope oF appliCation

This collective labour agreement applies

§ 1.1 geographically:

to the Federal Republic of Germany

§ 1.2 professionally:

fto the member businesses of the Bundesverband Zeitarbeit Personal-Dienstleistungen e. v. (including their auxiliary com-panies and subsidiaries) bound by collective agreement.

The collective labour agreement shall not apply to temporary work agencies and/or parts of such agencies that constitute a group with the client company within the meaning of section 18 of the German Stock Corporation Act [Aktiengesetz] if

a) the temporary work agency takes on workers previously employed by the client company to a significant extent and

b) the workers concerned are assigned to their original or a similar workplace in the client company and

c) valid collective wage agreements in place in the client com-pany in favour of the workers concerned were thereby circumvented to the detriment of the concerned workers;

§ 1.3 at employee level:

to workers (employees) who are assigned by a temporary work agency (employer) to a user undertaking (client business) with-in the framework of the Temporary Employment Act [Arbeit-nehmerüberlassungsgesetz: AÜG] and who are members of one of the contracting trade unions.

Agreements deviating from the provisions of this collective la-bour agreement may be concluded on an individual basis with employees not covered by the pay scale of the collective wage agreement provided their annual income exceeds the collec-tively agreed annual income in the highest collectively agreed pay group.

The use of the masculine form in this collective labour agree-ment is for convenience only and all references apply to both genders.

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§ 2 length oF Working time/ Full-time employment

The individual regular working time shall amount to 151.67 hours per month; this corresponds to an average weekly working time of 35 hours. in accordance with the pro-visions of section 4, these working hours must be completed over an average of 12 calendar months.

in cases where an employee is on long-term assignment to a company with longer working hours, the parties to the employment contract can agree on a correspondingly longer working time (max. 40 hours/week). The pay shall be adjusted accordingly in this case.

The individual regular annual working time shall be calculated on the basis of the monthly working time pursuant to sentence 1 multiplied by 12.

§ 3 part-time employment

Any worker whose individually agreed regular monthly work-ing time is less than 151.67 hours shall be deemed to be in part-time employment.

§ 4 Distribution oF Working hours/ FleXible Working time

§ 4.1 The actual timing of the working hours shall be adjusted to the working hours of the client business. The beginning and end of the daily working time, including breaks, and the distribution of the working time over the individual days of the week shall depend on the regulations and requirements of the client busi-ness.

Time taken for changing and washing and rest periods as defined in the Working Time Act [Arbeitszeitgesetz] (e.g. breakfast, lunch and coffee breaks) shall not be regarded as working time unless differing regulations apply to the workers within the user undertaking.

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§ 4.2 A working time account shall be set up to balance monthly dif-ferences between the employee’s individual regular working hours agreed pursuant to sections 2/3 and the actual working hours pursuant to section 4.1. Credit and debit hours can be entered into this account.

§ 4.31 Credit hours are hours worked in excess of the individual regu-lar monthly working time. Debit hours are hours short of the individual regular monthly working time.

The working time account can have a maximum of 200 credit hours.

in the case of seasonal differences the working time account may contain up to 230 credit hours in exceptional cases in or-der to safeguard employment.

if the credit adds up to more than 150 hours, the employer is obliged to secure the credit hours in excess of 150 hours, in-cluding the applicable social security contributions, against in-solvency and to provide evidence to the employee that these hours are insured against insolvency. Without this evidence, in derogation from paragraphs 2 and 3, the working time ac-count must not exceed 150 credit hours and the employee shall not be obliged to work credit hours in excess of 150 hours.

§ 4.4 The working time account must be settled after a period of no more than 12 months.

Where it is not possible to settle the account within this period of time it shall be settled within the following three months. For this purpose the employer must reach a corresponding agreement with the employee concerned after no more than twelve months with the aim of carrying out full settlement of the account. Where such settlement is not possible for opera-tional reasons within this period of time either, a maximum of 150 hours can be transferred to the next settlement period. Any hours in excess of this shall be compensated by monetary payment.

The transfer of these credit hours shall take place within the framework of the working time account limits pursuant to sec-tion 4.3 and shall not extend these limits.

1) addendum to section 4.3: The collective bargaining parties shall enter into negotiations at the beginning of 2005 on the basis of their experience gained up to that point in time as to whether the above-mentioned restriction on hours should be dropped or re-imposed and whether a limit on debit hours is necessary.6

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§ 4.5 Working time accounts shall as a rule be compensated by time off in accordance with the following stipulations:

a) By agreement with the employee credit hours can always be compensated by time off.

b) During his period of assignment with the client the employ-ee is entitled to receive one working day off from his work-ing time account for every 35 credit hours worked. This entitlement can only be used once per calendar month for a maximum of two working days.

This entitlement is subject to the employee giving one week’s notice of his intention.

The employer is entitled to refuse the request for time off for urgent operational reasons. The client company’s refusal counts as an urgent operational reason in this sense insofar as no replacement worker is available.

Where time off is refused the employee has the right to a binding agreement on the subsequent timing of the requested days off.

c) Based on an agreement between the employee and the em-ployer, additional days off in one month can be arranged or days off from several months can be combined.

d) By agreement between the employee and employer up to 70 hours from the working time account may be compen-sated by monetary payment within the settlement period.

Where the employee is unable to work due to sickness on an agreed day off, this day remains a day off and shall not be treat-ed as a day of continued remuneration; there shall be no re- crediting of the day in question to the working time account.

§ 4.6 if the employee ceases to work for the company, the balance on the working time account shall be settled as follows: cred-it hours shall be compensated; a maximum of 35 debit hours shall be deducted in the case where the employee gave notice or where extraordinary notice of termination was given, insofar as there was no possibility for operational reasons for the work-er to make up the missing hours.

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§ 5 Duty time/on-Call time/ stanDby time/rest perioDs

Where the employee is assigned to client businesses with duty time, on-call time or as atby time and where, in accordance with section 7 of the Working Time Act, special operational or collectively agreed regulations on working time and rest peri-ods apply, these shall apply providing that the relevant provi-sion fully applies to the employee.

§ 6 overtime

Overtime means working hours that are worked additionally and which are ordered in excess of the individual regular work-ing time stipulated under sections 2 to 4 and which are not based on the actual working time in the client business.

§ 7 night Work/sunDay anD publiC holiDay Work/supplementary pay

§ 7.1 Full working hours which exceed the agreed individual regular monthly working time of the employee pursuant to sections 2/3 by more than 15 % in one month shall entitle the worker to supplementary pay.

The supplementary pay amounts to 25 % of the relevant hourly wage pursuant to sections 2 to 4 of the collective pay agree-ment.

§ 7.2 Night work is work carried out between 23.00 and 6.00 hours.

The level of the supplementary pay for night work is based on the client company’s supplementary pay regulations. it shall amount to a maximum of 25% of the relevant collectively agreed hourly pay pursuant to sections 2 to 4 of the collective pay agreement.

§ 7.3 Sunday and public holiday work is work performed on undays and statutory public holidays between 0.00 and 24.00 hours. Section 9 paras. 2 and 3 of the Working Time Act shall apply.

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Whether work is to be regarded as holiday work depends on the statutory regulations on public holidays applicable at the employment location.

The level of the supplementary pay for Sunday and public holi-day work is based on the client company’s supplementary pay regulations. it shall amount to a maximum of 50 % of the rel-evant collectively agreed hourly pay pursuant to sections 2 to 4 of the collective pay agreement for Sunday work and to a max-imum of 100 % for public holiday work and also for work on Christmas Eve and New Year’s Eve after 14.00 hours.

§ 7.4 Where several different categories of supplementary pay apply simultaneously, only the highest applicable supplemen-tary rate shall be payable.

§ 8 assignment regulations

§ 8.1 insofar as tasks are given to the employee in the client business, he shall be subject to the right of the client business to give instructions. The general right of the employer to give instruc-tions is unaffected.

§ 8.2 The employee is obliged on the orders of the employer to work at varying employment locations. Restrictive regulations require express contractual agreement.

The employee is entitled to a notification of assignment provid-ing him with essential information about his assignment within the client business.

§ 8.3 if it takes more than 1.5 hours outside working hours to travel one way from the subsidiary/branch office to the location of assignment at the client business using the quickest form of public transport, the employee shall receive the collectively agreed pay pursuant to sections 2 to 4 of the collective pay agreement for any travelling time in excess of 1.5 hours per journey to and from the employment location, provided this travelling time was actually expended.

§ 8.4 Where the travelling time within the meaning of section 8.3 exceeds two hours the employee shall be entitled to have his overnight accommodation costs refunded as follows:

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in principle the temporary work agency shall arrange the accommodation and assume all costs. Where the organisation of accommodation by the employee himself is necessary, the costs shall be assumed and/or refunded by the employer fol-lowing prior approval and presentation of a corresponding receipt/invoice. Alternatively, a flat rate sum for overnight stays amounting to the fiscal rates may be agreed.

§ 8.5 – deleted –

§ 8.6 – deleted –

§ 8.7 Other refunds for expenses pursuant to section 670 of the Ger-man Civil Code [Bürgerliches Gesetzbuch] must be regulated by individual contract.

§ 9 establishment/termination oF the employment relationship

§ 9.1 The employment relationship must be established on the basis of a written employment contract.

in the event of unexcused absence on the first working day the employment contract shall be deemed not to have come into existence.

§ 9.2 in derogation from the first sentence of section 14, para-graph 2 of the Part-time and Fixed-term Employment Act [Teilzeitgesetz- und Befristungsgesetz] the employment con-tract may be concluded as a fixed-term contract for a total duration of up to two years, even in the absence of an objective reason. Within this time frame the contract may be renewed up to four times. The second and third sentences of section 14, paragraph 2 of the Part-time and Fixed-term Employment Act are unaffected.

§ 9.3 The first six months of the employment relationship shall be regarded as a probationary period.

During the first three months of the probationary period the employment relationship may be terminated on one week’s notice. Thereafter, the statutory notice period during the pro-

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bationary period of two weeks pursuant to section 622, para-graph 3 of the Civil Code shall apply.

in the case of newly recruited employees, the notice period may be reduced by contractual agreement to one day dur-ing the first two weeks of employment. Employees who were not employed by that employer during at least the last three months shall be deemed to be newly recruited employees.

§ 9.4 Otherwise the notice periods stipulated in section 622, para-graphs 1 and 2 of the Civil Code shall apply to the termination of the employment relationship by the employer or the em-ployee.

Notice of termination must be given in writing (section 623 Civil Code).

§ 9.5 The statutory provisions concerning termination without notice are unaffected.

§ 9.6 After notice has been given the employer shall be entitled to dispense with the employee’s services while continuing his pay. Credit hours from the working time account shall be taken into account and remaining leave entitlement shall be granted.

§ 10 siCkness pay

The continued payment of earnings in case of sickness and of preventive health and rehabilitation measures shall be gov-erned by the provisions of the Continued Payment of Wages and Salaries Act [Entgeltfortzahlungsgesetz].

§ 11 leave

§ 11.1 The employee is entitled to paid annual leave in each calendar year. The leave year is the calendar year.

§ 11.22 The length of the annual leave shall depend on the length of the employee’s uninterrupted employment with the same company.

2) addendum to section 11.2 Section 5 No. 2 of the Posted Workers’ Act [Arbeitnehmer-Entsendegesetz] is unaffected. 11

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The annual leave shall amount to

n 24 working days in the first year,

n 25 working days in the second year,

n 26 working days in the third year,

n 28 working days in the fourth year,

n 30 working days in the fifth year.

if the worker leaves the company within the first six months of the employment relationship he shall acquire leave entitlement in accordance with sections 3 to 5 of the Federal Leave Act [Bundesurlaubsgesetz].

Where the employee’s individual regular weekly working time is distributed over more or less than five working days in the week, leave shall be increased or reduced accordingly.

Where a public holiday falls during the employee’s leave the question as to whether this day is to be counted as a leave day shall be decided in accordance with the stat-utory regulations on public holidays applicable at the employer’s place of business; if the employee’s assignment with the client company is interrupted for the pur-pose of the leave, this question shall be determined in accord-ance with the statutory regulations on public holidays applica-ble at the employment location.

in the year of commencement and in the year of termina-tion of the employment the employee has a claim against the employer to a twelfth of the annual leave to which he is enti-tled for each full month that he was employed.

The employee shall have no leave entitlement insofar as he has already been granted leave by another employer or has received compensation in lieu of leave not taken in the leave year. The employee must present a corresponding certificate from his last employer.

§ 11.3 if the leave cannot be granted in full or in part due to the termi-nation of the employment relationship the employee shall be compensated accordingly.

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§ 11.4 When planning annual leave, client assignments that have already been confirmed shall be taken into account. Leave days that have already been approved cannot be used for assign-ments to the client business.

§ 11.5 When the employment relationship is terminated leave enti-tlement shall be granted and taken during the notice period. Where this is not possible, compensation shall be paid in lieu of outas ating leave.

§ 11.6 in other respects the provisions of the Federal Leave Act shall apply.

§ 12 absenCes/leaves oF absenCe

§ 12.1 if the employee is prevented from performing his work due to sickness or other unforeseeable events he shall notify the employer immediately, preferably by telephone, informing the employer of his inability to work or other reasons keeping him from work and the anticipated period of his absence. The same obligation shall apply if he has to stay away from work longer than he originally told the employer.

in the case of inability to work due to sickness, in terms of the second sentence of section 5.1 of the Continued Payment of Wages and Salaries Act [Entgeltfortzahlungs- gesetz] the employee is obliged to submit a medical cer-tificate to the employer regarding his inability to work and the anticipated duration. The employer shall be entitled to request the medical certificate earlier. Where the inability to work lasts longer than the period stated in the medical certifi-cate, the employee shall be obliged to submit a medical certifi-cate again. in the case of absence due to sickness the employer must be notified as to when the employee is going to resume work as early as possible, but in any event no later than one day prior to resumption of work.

§ 12.2 in the case of foreseeable events the employee shall only be permitted to stay away from work with the employer’s prior consent.

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§ 12.3 Paid leaves of absence will be granted in the case of the follow-ing events that fall on a regular working day for the employee:

a) in the case of the death of a close family member

spouse, children, parents and registered life partners:

2 days

siblings; parents-in-law: 1 day

b) for the employee’s own wedding or registration of his own life partnership, and when the employee’s wife or registered life partner is giving birth:

1 day

c) attending to official public duties (e.g. arising from honor-ary posts, being summoned as a witness or comparable situ-ations); the compensation received for this shall be deduct-ed from the employee’s pay: release from work for the necessary time

d) moving house at the employer’s request: 1 day

The amount of the employment earnings due for continued payment shall be calculated in accordance with section 13.3.

§ 12.4 Section 12.3 specifies the possible cases applicable under sec-tion 616 of the Civil Code.

§ 13 pay regulations

§ 13.1 Employees shall receive monthly pay on the basis of their indi-vidually agreed regular working time which shall be payable by no later than the 15th banking day of the subsequent month, normally by credit transfer.

§ 13.2 The monthly pay is composed of the current month’s fixed pay components (the relevant collectively agreed pay pursuant to sections 2 to 4 of the collective pay agreement) and variable pay components (e.g. supplementary pay and other fluctuat-ing earnings).

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§ 13.3 Where an employee is entitled to continued payment of employment earnings (e.g. in the case of sickness) the fixed pay components shall continue to be paid pursuant to para-graph 2. in relation to holiday pay, the supplementary pay for Sunday work, public holiday work and night work shall be pay-able in addition, provided the employee would have been en-titled to them had he not been on holiday.

§ 13.4 Where there is a pro rata entitlement to pay for a certain month (e.g. in the case of commencement or termination of employ-ment in the course of the month) or where the monthly pay is to be reduced for other reasons (e.g. unpaid downtime) the pay entitlement shall be determined on the basis of the ratio which the employee’s regular working hours to be taken into account in the month bear to the regular working hours for the whole month.

§ 14 pay Conversion

Employees are entitled to convert collectively agreed pay com-ponents into pension commitments for the purpose of occupa-tional old-age provision.

They have the right to demand that their future earnings up to a maximum of 4% of the relevant ceiling for the assessment of contributions to the statutory pension fund are used for an occupational old-age pension. Any such conversion of earn-ings must not amount to less than 1/160 of the reference value as defined in section 18 paragraph 1 of the Fourth Book of the German Social Security Code [Sozialgesetzbuch].

The details shall be the subject of written agreement between the employer and the employee.

in accordance with the new statutory regulations on occu-pational old-age pension schemes, with effect from the sev-enth month of employment, for the first time with effect from 1 July 2005, employees shall have entitlement to a monthly amount of 13.30. This amount is payable exclusively in respect of the occupational old-age pension scheme (direct insurance, pension insurance scheme [Pensionskasse] or pension fund), insofar as the employee wishes this.

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§ 15 speCial annual payments

§ 15.1 After the sixth month of uninterrupted employment the employee is entitled to special annual payments in the form of holiday and Christmas pay.

The holiday pay shall be paid together with the pay for the month of June in each year; the Christmas pay shall be paid together with the pay for the month of November in each year.

The holiday and Christmas pay shall increase as the length of employment increases. The length of employment shall be cal-culated on 30 June and 30 November.

§ 15.2 Depending on the length of uninterrupted employment the amount of the holiday and Christmas bonuses shall be as fol-lows:

n 150 euros gross after the sixth month,

n 200 euros gross in the third and fourth year,

n 300 euros gross with effect from the fifth year.

Part-time employees shall receive the special payments on a pro rata basis in line with the agreed individual regular month-ly working time.

§ 15.33 For entitlement to the special payments an employment rela-tionship in respect of which no notice has been given must be in existence at the date of payment.

Entitled employees whose employment relationship is sus-pended during the calendar year shall not receive these pay-ments. if the employment relationship is partially suspended during the calendar year the employee shall receive a pro rata payment.

Employees who leave the company by 31 March of the follow-ing year must repay the Christmas bonus. This shall not apply in the case of termination by the employer for operational rea-sons.

3) addendum to section 15.3For the purpose of calculating the length of uninterrupted employment, periods during which the employment relationship is suspended shall be disregarded. Excluded from this are occupational diseases and accidents at work for periods of up to 12 months after the end of the period of sickness pay.

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§ 16 limitation perioDs

Claims arising out of the employment relationship must be made in writing within two months (in the case of an employ-ee ceasing to work for the company), within one month) of becoming due.

if the opposing party rejects the claim in writing the claim must be asserted in court within one month of the rejection or expiry of the time limit.

Claims not asserted within these time limits shall be excluded.

§ 17 Final provisions

§ 17.1 Employees shall not be assigned to companies that are directly affected by lawful industrial action. Section 11.5 of the Tem-porary Employment Act shall apply accordingly. in exceptional cases there may be assignment to provide an agreed emergen-cy service for the client business.

Where employees are indirectly affected by industrial action measures short-time work may be requested. The parties to the collective agreement undertake to support the relevant implementation of short-time work. All necessary capabilities must be utilised in this regard.

§ 17.2 The calculation of the uninterrupted existence of an employ-ment relationship within the meaning of this collective labour agreement shall start with effect from 1 January 2002.

§ 18 entry into ForCe anD termination

§ 18.1 This general collective labour agreement shall enter into force for the employers and employees bound by collective agree-ment on 1 January 2004.

it can be terminated on six months’ notice, for the first time to 31 October 2013.

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§ 18.2 This general collective labour agreement shall enter into force upon its signature insofar as it can already be made applicable by individual written contractual agreement with the employ-ee as of that date (section 19 of the Temporary Employment Act).

if the Temporary Employment Act is fundamentally amended after the entry into force of the general collective labour agree-ment, in derogation from section 18.1, paragraph 2 both parties to the collective agreement shall have an extraordi-nary right to terminate the agreement on giving one month’s notice to the end of a month.

FrameWork ColleCtive Wage agreement For temporary agenCy Workof 22.07.2003 amended by revised collective labour agreements

n of 30.05.2006

n of 09.03.2010


This collective agreement applies to the members of the collec-tive agreement parties that fall within the scope of application (section 1) of the general collective labour agreement.

§ 2 Categorisation prinCiples

§ 2.1 Employees shall be categorised in a pay group on the basis of the activities predominately performed by them. Only the actually performed work is relevant for this categorisation.

§ 2.2 vocational qualifications that are not applied do not entitle the employee to a higher categorisation.

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§ 2.3 Temporarily performing work in a higher pay group does not justify a review of the assigned pay group. insofar as work of a higher pay group is assigned temporarily, an allowance in the amount of the difference between the collective pay of the lower pay group and the pay foreseen for this work shall be payable as of week six.

§ 2.4 Employees can be obliged to temporarily perform work in a lower pay group. in this case his pay shall remain unchanged.

§ 3 pay groups

Employees shall be categorised according to their actual, pre-dominant activities in one of the subsequent pay groups. The respective job descriptions are relevant for the categorisation.

pay group 1

Work that does not require on-the-job training, or that only requires brief on-the-job training.

pay group 2

Work requiring on-the-job training beyond the training on the job required in pay group 1 and a job familiarisation.

pay group 3

Work requiring knowledge and skills which are provided by vocational training. The knowledge and skills may also have been acquired by several years of work experience in pay group 2.

pay group 4

Work requiring knowledge and skills which are provided by a vocational training course lasting at least three years as well as several years of work experience.

pay group 5

Work requiring knowledge and skills which are provided by a vocational training course lasting at least three years. in addi-tion special skills are required that are provided by additional training as well as many years of work experience.

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pay group 6

Work requiring a master craftsman and/or technician training or comparable qualifications.

pay group 7

Work requiring several years of work experience in addition to the characteristics of pay group 6.

pay group 8

Work requiring a degree from a university for applied sciences (Fachhochschule).

pay group 9

Work requiring a degree from a university, or work requiring a degree from a university for applied sciences (Fachhochschule) plus several years of work experience.


§ 4.1 This framework collective wage agreement for temporary workers shall enter into force for the employers and employees bound by collective agreement on 1 January 2004.

it can be terminated on six month’s notice, for the first time to 31 December 2008.

§ 4.2 This framework collective wage agreement for temporary agency workers shall enter into force upon its signature insofar as it can already be made applicable by individual contractual agreement with the employee as of that date (section 19 of the Temporary Employment Act).

if the Temporary Employment Act is fundamentally amend-ed after the entry into force of the framework collective wage agreement in derogation from section 4.1. paragraph 2 both parties to the collective agreement shall have an extraordinary right to terminate the agreement on giving one month’s notice to the end of a month.

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ColleCtive pay agreement on temporary agenCy Workof 22.07.2003 amended by revised collective labour agreements

n of 22.12.2004

n of 30.05.2006

n of 09.03.2010


This collective agreement applies to the members of the collec-tive agreement parties that fall within the scope of application (section 1) of the general collective labour agreement.

§ 2 pay rates

The hourly rates and supplementary pay shown in the appen-dix shall be payable. Entitlement to payment of the supplemen-tary pay is specified in section 4 of this collective agreement.

§ 3 pay tables

in the Federal States of Berlin, Brandenburg, Mecklenburg-vorpommern, Saxony, Saxony-Anhalt and Thuringia the hour-ly pay rates shall be paid in accordance with the pay tables for Eastern Germany shown in the Appendix.

in the other Federal States the hourly pay rates shall be paid in accordance with pay tables for Western Germany shown in the Appendix.

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The remuneration payable at the place of employment is applicable (client company). Workers employed away from home shall, however, retain entitlement to the remuneration payable in their place of recruitment, insofar as this is higher.

§ 4¹ supplementary pay

in the case of uninterrupted assignment to the same client, assignment-related supplementary pay shall be due as follows:

n 1.5 % on completion of 9 calendar months

n 3.0 % on completion of 12 calendar months

if the assignment is interrupted for a period of up to 3 months the assignment-related supplementary pay shall become due after the interruption, taking account of the previous assign-ment periods.

The tables shown in the Appendix shall be applicable.

§ 5 – deleted –

§ 6 obligation to negotiate the seCtor supplementary pay

Taking into account the particularly difficult economic situation for temporary work agencies at the time of conclusion of this collective agreement, the parties to the collective agreement agree to enter into new negotiations after 1 October 2005, tak-ing the economic situation of the temporary work sector into account.

1) addendum to section 4The relevant period of assignment for calculating the supplementary pay commences upon the entry into force or earlier applicability of the collective pay agreement pursu-ant to section 8.

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§ 7 misCellaneous

§ 7.1² Differing agreement may be reached between the parties to the collective agreement and the client company employer on the remuneration of working time in this client company (tri-partite agreement) if this is more favourable to the employees of the temporary work agency working at the client company.

§ 7.2 The minimum wages applicable in accordance with section 5 No. 1 of the Posted Workers’ Act shall be the minimum payable for each hour actually worked.


§ 8.1 This collective pay agreement shall enter into force for the employers and employees bound by collective agreement on 1 January 2004.

it can be terminated on six months’ notice, for the first time to 31 October 2013.

§ 8.2 This collective wage agreement shall enter into force upon its signature insofar as it can already be made applicable by indi-vidual written contractual agreement with the employee as of that date (section 19 of the Temporary Employment Act).

if the Temporary Employment Act is fundamentally amended after the entry into force of the collective pay agreement, in derogation from section 8.1, paragraph 2 both parties to the collective agreement shall have an extraordinary right to termi-nate the agreement on giving one month’s notice to the end of a month.

2) addendum to section 7.1A party to the collective agreement in the sense intended here is, for the trade unions, the appropriate DGB member union for the client company concerned.

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appenDiX to the ColleCtive pay agreement

pay table For Western germany From 01.07.2010

pay group hourly rate 1.5 % (> 9 months)

3.0 % (> 12 months)

1 7.60 7.71 7.832 8.22 8.34 8.463 9.60 9.75 9.894 10.16 10.31 10.465 11.48 11.65 11.826 12.90 13.09 13.297 15.07 15.29 15.528 16.20 16.44 16.699 17.11 17.36 17.62

pay table For eastern germany From 01.07.2010


3.0 % (> 12 months)

1 6.65 6.75 6.852 7.15 7.26 7.363 8.35 8.48 8.604 8.84 8.97 9.105 9.98 10.13 10.286 11.22 11.39 11.567 13.10 13.30 13.508 14.09 14.30 14.519 14.88 15.10 15.33

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3.0 % (> 12 months)

1 7.79 7.91 8.022 8.42 8.55 8.683 9.84 9.99 10.144 10.41 10.57 10.725 11.77 11.94 12.126 13.22 13.42 13.627 15.44 15.67 15.918 16.61 16.85 17.109 17.53 17.80 18.06



3.0 % (> 12 months)

1 6.89 6.99 7.102 7.33 7.44 7.553 8.56 8.69 8.824 9.06 9.19 9.335 10.23 10.39 10.546 11.50 11.67 11.857 13.43 13.63 13.848 14.44 14.66 14.889 15.25 15.48 15.71

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3.0% (> 12 months)

1 7.89 8.01 8.132 8.53 8.66 8.793 9.97 10.12 10.274 10.54 10.70 10.865 11.92 12.09 12.276 13.39 13.59 13.797 15.64 15.87 16.118 16.82 17.07 17.329 17.76 18.03 18.29



3.0 % (> 12 months)

1 7.01 7.12 7.222 7.46 7.57 7.683 8.71 8.85 8.984 9.22 9.36 9.495 10.42 10.57 10.736 11.71 11.88 12.067 13.67 13.88 14.088 14.70 14.92 15.149 15.52 15.76 15.99

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3.0 % (> 12 months)

1 8.19 8.31 8.442 8.74 8.88 9.013 10.22 10.37 10.524 10.81 10.97 11.135 12.21 12.40 12.586 13.73 13.93 14.147 16.03 16.27 16.518 17.24 17.50 17.769 18.20 18.48 18.75



3.0 % (> 12 months)

1 7.50 7.61 7.732 7.64 7.76 7.873 8.93 9.07 9.204 9.45 9.59 9.735 10.68 10.84 11.006 12.00 12.18 12.307 14.01 14.22 14.438 15.07 15.29 15.529 15.91 16.15 16.39

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notes

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With this seal, member companies can show that they have adopted the BZA/DGB collective bargaining agreements.

The seal is available on the BAP website in various fi le formats for websites and printed documents � www.personaldienstleister.de

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

bundesarbeitgeberverband der personaldienstleister e. v. (bap) Federal employers’ association of staffing services

Universitätsstraße 2–3a D-10117 Berlin, Germany

[email protected] www.personaldienstleister.de

Documents

ColleCtive labour agreements on temporary agenCy Work