COLLECTIVE BARGAINING AGREEMENT FOR WHITE-COLLAR WORKERS AND APPRENTICES IN COMMERCIAL COMPANIES

 
 
COLLECTIVE BARGAINING AGREEMENT FOR
WHITE-COLLAR WORKERS AND APPRENTICES
              IN COMMERCIAL COMPANIES




                            1 January 2018
Contents
CHAPTER 1) GENERAL PROVISIONS ......................................................................................... 5
  A. SCOPE .................................................................................................................... 5
    1. Geographical scope............................................................................................... 5
    2. Technical scope ................................................................................................... 5
    3. Personal scope .................................................................................................... 5
  B. EFFECTIVE DATE AND PERIOD OF VALIDITY ....................................................................... 5
  C. EMPLOYMENT ........................................................................................................... 6
  D. EQUAL TREATMENT .................................................................................................... 6
  E. GENERAL OBLIGATIONS ON THE PART OF WHITE-COLLAR WORKERS ......................................... 6
  F. ANNUAL LEAVE ......................................................................................................... 7
  G. CONTINUED PAY IN THE EVENT OF INABILITY TO WORK ........................................................ 7
  H. ANNIVERSARY BONUSES ............................................................................................... 7
  I. RECOGNITION OF PARENTAL LEAVE AND HOSPICE LEAVE FOR ENTITLEMENTS BASED ON
      SENIORITY ............................................................................................................... 7
  J. TERMINATION ........................................................................................................... 8
  K. SEVERANCE PAY ........................................................................................................ 8
CHAPTER 2) WORKING HOURS ............................................................................................... 9
  A. GENERAL PROVISIONS FOR WHOLESALE AND RETAIL ............................................................ 9
    1. Normal working hours under the Collective Bargaining Agreement ..................................... 9
    2. Scheduling normal working hours .............................................................................. 9
    3. Flexitime ........................................................................................................... 9
    4. Four-day week .................................................................................................... 9
    5. Making up hours in connection with public holidays ....................................................... 9
    6. Travel times ....................................................................................................... 9
    7. Cumulative working hours ....................................................................................... 9
    8. Rest periods ...................................................................................................... 10
    9. Credit hours ...................................................................................................... 10
  B. WORKING HOURS IN WHOLESALE .................................................................................. 10
    1. General provisions ............................................................................................... 10
    2. Wholesale outlets ................................................................................................ 10
  C. WORKING TIME IN RETAIL ........................................................................................... 11
    1. General provisions for retail ................................................................................... 11
    2. Sales outlets kept open after 1:00 pm on more than one Saturday per month ...................... 11
    42. Sales outlets that, with the exception of the 4 Saturdays prior to 24 December, are kept open
         after 1.00 pm on only one Saturday per month ............................................................ 13
  D. WEEKLY TIME OFF FOR MINORS .................................................................................... 14
  E. EXTRA HOURS ......................................................................................................... 14
  F. NORMAL WORKING HOURS AND EXTRA HOURS DURING EXTENDED OPENING HOURS ..................... 14
    1. General ............................................................................................................ 14
    2. Special sales events ............................................................................................. 15
  G. OVERTIME .............................................................................................................. 16
    1. General ............................................................................................................ 16
    2. Overtime pay ..................................................................................................... 16
    3. Lump-sum compensation ....................................................................................... 16
    4. Compensation in time off ...................................................................................... 17
  H. INVENTORY WORK .................................................................................................... 17
  I. DAYS OF REST ......................................................................................................... 17
    1. General provisions ............................................................................................... 17
    2. Special provisions for work performed on December 8 th ................................................. 17
CHAPTER 3) PAY .............................................................................................................. 18
  A. NEW SALARY SYSTEM ................................................................................................. 18
    1. General provisions ............................................................................................... 18
    2. Recognition of previous employment periods .............................................................. 18
    3. Employment group schedule ................................................................................... 19
    4. The pay scale ..................................................................................................... 24
    5. Trainee classification during development ................................................................. 25
    6. Christmas bonusFehler! Textmarke nicht definiert. and leave allowance ............................ 26
    7. Form requirements for all-in contracts ...................................................................... 27
    8. Additional protocols of the parties to the Collective Bargaining Agreement ......................... 27
  B. OLD SALARY SCHEME .................................................................................................. 30
    1. General part ...................................................................................................... 30

                                                                 2
2. Recognition rules for classification and advancement .................................................... 31
    3. Christmas bonus .................................................................................................. 33
    4. Leave allowance ................................................................................................. 34
    5. Employment group schedule ................................................................................... 34
    6. Pay areas and salary schedules................................................................................ 40
  C. TRANSITIONAL PROVISIONS ......................................................................................... 56
    1. General provisions ............................................................................................... 56
    2. NEW Notice of Employment Information (Dienstzettel) .................................................. 56
    3. Classification into the new employment group schedule ................................................. 56
    4. Advancementdate ............................................................................................... 57
    5. Special provisions ................................................................................................ 57
    6. Provisions of expiration and limitation ...................................................................... 58
    7. Prohibition of discrimination .................................................................................. 58
  D. Special provision for employees paid by commission .......................................................... 58
  E. Upholding overpayments ............................................................................................ 59
CHAPTER 4) FRAMEWORK AND PAY PROVISIONS FOR TRAINING AND CONTINUING EDUCATION ................ 60
  A. DUAL AND INTEGRATIVE VOCATIONAL TRAINING ............................................................... 60
  B. COMPENSATION FOR MANDATORY INTERNS ...................................................................... 61
  C. PROVISIONS ON THE PROMOTION OF IN-SERVICE TRAINING ................................................... 61
CHAPTER 5) TRAVEL COSTS AND TRAVEL EXPENSE ALLOWANCES .................................................... 61
  A. BUSINESS TRIP TERM ................................................................................................. 61
  B. TRAVEL COSTS AND TRAVEL EXPENSE ALLOWANCES ........................................................... 62
    1. Travel expenses .................................................................................................. 62
    2. Travel expense allowance ...................................................................................... 62
    3. Participation in seminars, courses, information events and the like ................................... 63
    4. Business trips outside of Austria .............................................................................. 63
    5. Fair fee ............................................................................................................ 63
    6. Additional operational rules and regulations ............................................................... 63
CHAPTER 6) FINAL PROVISIONS ............................................................................................ 63
  A. Provisions of expiration and limitation ............................................................................ 63
    1. General provision ................................................................................................ 63
    2. Working time records ........................................................................................... 63
    3. Credit hours, time off in lieu .................................................................................. 64
    4. Salary entitlements ............................................................................................. 64
    5. Travel cost and expense allowances ......................................................................... 64
  B. SUPPORT GROUP AND ARBITRATION BOARD ..................................................................... 64
  C. FINAL PROVISIONS .................................................................................................... 65
ANNEXES ....................................................................................................................... 67
  Annex 1) Sample: Notice of Employment Information (Dienstzettel) NEW salary system ................... 68
  Annex 2) Sample: Notice of Employment Information (Dienstzettel) NEW all-in salary system ............ 70
  Annex 3) Sample: Transition Notice of Employment (Dienstzettel) NEW salary system ..................... 72
  Annex 4) Sample: Transition Notice of Employment Information (Dienstzettel) NEW all-in salary
      system .................................................................................................................. 74
  Annex 5) Sample: Works Agreement for the establishment of the transition date ........................... 77
  Annex 6) Sample: note to the employee relating to the transition date ....................................... 78
  Annex 7) Sample: Notice of Employment Information (Dienstzettel) OLD salary scheme ................... 79




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Abbreviations used

ER      Employer
EE      Employee
ABGB    Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch)
AlVG    Unemployment Insurance Act (Arbeitslosenversicherungsgesetz)
AMFG    Labour Market Promotion Act (Arbeitsmarktförderungsgesetz)
AngG    White-Collar Workers Act (Angestelltengesetz)
APSG    Employment Protection Act (Arbeitsplatzsicherungsgesetz)
ArbIG   Labour Inspection Act (Arbeitsinspektionsgesetz)
ArbVG Industrial Relations Act (Arbeitsverfassungsgesetz)
ARG     Act on Rest Periods (Arbeitsruhegesetz)
ASchG (Health and Safety at Work Act (ArbeitnehmerInnenschutzgesetz)
ASVG    General Social Insurance Act (Allgemeines Sozialversicherungsgesetz)
AVRAG Employment Contract Law Adaptation Act (Arbeitsvertragsrechtsanpassungsgesetz)
AZG     Working Time Act (Arbeitszeitgesetz)
BEinstG Disabled Persons Employment Act (Behinderteneinstellungsgesetz)
BAG     Vocational Training Act (Berufsausbildungsgesetz)
BMSVG Act on Severance and Retirement Funds for Salaried Employees and Self-Employed Persons (Betrieb-
liches Mitarbeiter- und Selbständigenvorsorgegesetz)
BUAG Construction Workers’ Annual Leave and Severance Pay Act (Bauarbeiter-Urlaubs- und Abfer-
tigungsgesetz)
EFZG    Continued Remuneration Act (Entgeltfortzahlungsgesetz)
EStG    Income Tax Act (Einkommensteuergesetz)
GewO Industrial Code (Gewerbeordnung)
GlBG    Equal Treatment Act (Gleichbehandlungsgesetz)
IESG    Law on Insurance against Non-Payment in case of Insolvency (Insolvenzentgeltsicherungsgesetz)
KBGG    Childcare Allowance Act (Kinderbetreuungsgeldgesetz)
KJBG    Children and Adolescents Employment Act (Kinder- und Jugendlichenbeschäftigungsgesetz)
CBA    Collective Bargaining Agreement for White-collar Workers and Apprentices in Commercial Companies or
General Collective Bargaining Agreement
MSchG Maternity Protection Act (Mutterschutzgesetz)
ÖZG     Opening Hours Act (Öffnungszeitengesetz)
UrlG    Paid Annual Leave Act (Urlaubsgesetz)
VKG     Fathers' Parental Leave Act (Väterkarenzgesetz )




                                                     4
COLLECTIVE BARGAINING AGREEMENT FOR WHITE-COLLAR WORKERS AND APPRENTICES
IN COMMERCIAL COMPANIES
concluded on 22 November 2017 between the Austrian Federal Economic Chamber, Sectoral Section Commerce,
1045 Vienna, Wiedner Hauptstraße 63, and the Union of Salaried Private Sector Employees, Graphical Workers
and Journalists, Commerce Sector, 1030 Vienna, Alfred Dallinger-Platz 1.
The terms "employer", "white-collar worker", "employee", "apprentice" and "mandatory intern" are understood to
be gender-neutral.


CHAPTER 1) GENERAL PROVISIONS

A. SCOPE
1. Geographical scope
For the entire federal territory of Austria.
2. Technical scope
For all companies belonging to the Sectoral Section Commerce of the Austrian Federal Economic Chamber, the
Professional Association of Insurance Agents and Insurance Consultants or the Professional Association of the
Book and Media Industry with the following exceptions:
2.1.   companies subject to the Collective Bargaining Agreement for White-collar Workers in Pharmaceutical
Wholesale Companies.
2.2.    OMV-Aktiengesellschaft
2.3.   VOEST-ALPINE STAHLHANDEL GmbH with respect to employees recruited prior to 1 March 2000;
VOEST-ALPINE Rohstoffhandel Gesellschaft m.b.H., Vienna (VAR) and Verkaufsstelle österreichischer Kalt-
walzwerke Ges.m.b.H., Vienna (VÖK).
2.4.    General-Motors-Austria Ges.m.b.H.
2.5.    Österreichische Salinen AG
2.6.    Companies whose affiliation with the Board for Trade with Fashion and Leisure Products is solely justified
by the fact that they rent out bicycles and sports articles or sports equipment (fitness equipment).
2.7.    lottery ticket agencies
3. Personal scope
For all white-collar workers, apprentices, mandatory interns and trainees. For the purpose of this Collective
Bargaining Agreement, white-collar workers shall be all employees (also temporary employees) subject to the
White-collar Workers Act (AngG).
This Collective Bargaining Agreement shall be applicable for trainees from the point in time at which the company
switches to the NEW salary scheme. This Collective Bargaining Agreement shall not be applicable for trainees in
companies that continue to be subject to the OLD salary scheme.

B. EFFECTIVE DATE AND PERIOD OF VALIDITY
1.      This Collective Bargaining Agreement shall enter into force on 1 January 2018. Chapter 2), C. 2.5.
        shall be applicable until 31 December 2018. If this chapter's period of validity is not extended until 31
        December 2018, the contracting partner must be informed thereof in writing no later than 31 August
        2018 by registered letter.
2.      With the exception of chapter 3) Pay, this Agreement may be terminated at the end of each quarter
        of a calendar year subject to a notice period of three months.
The provisions of chapter 3) Pay may be terminated starting from the effective date subject to a notice pe-
riod of two months.
Such termination must be tendered by way of registered letter.
Negotiations on the renewal and, as the case may be, amendment of the Collective Bargaining Agreement
shall be conducted during the notice period.



                                                       5
C. EMPLOYMENT
1.1     The employer shall inform the works council of the employment of any new white-collar workers prior
to their enlistment in the company. In duly justified exceptional cases, such information shall be provided con-
currently with the employee's social insurance registration.
1.2.    For all white-collar workers, the first month shall be a probationary period within the meaning of sec.
19 (2) White Collar Workers Act (AngG), unless agreed otherwise. On expiration of this probationary month,
employment under a contract of service shall be subject to the termination provisions set forth by the law and
the provisions of point J in this chapter.
1.3.     Once the contract of service is signed or, as the case may be, immediately at the start of employment,
the white-collar worker shall be issued a written statement of all the main rights and duties arising from the
contract of service (notice of employment information [Dienstzettel]) (a sample Dienstzettel has been annexed
to this Agreement). This obligation shall not be applicable if a written contract of service includes all the nec-
essary details. Sec. 2 Employment Contract Law Adaptation Act (AVRAG) shall be applicable.
1.4.   No later than on conclusion of the contract of service, the white-collar employee shall be asked about
any previous employment periods that may be of relevance under this Collective Bargaining Agreement. The
white-collar worker shall be obliged to prove and substantiate any such previous employment no later than at
commencement of employment under a contract of service. Any previous periods of employment that are not
substantiated or proven, or for which evidence or proof is not provided in a timely manner, shall be taken into
account for salary grading only after they are submitted for consideration.
1.5.    The social partners recommend that companies with branches assigning a white-collar worker to branches
ensure, to the extent possible, proximity to the white-collar worker's residence.


D. EQUAL TREATMENT
In connection with employment under a contract of service, no one may be directly or indirectly discriminated
against on grounds of sex, in particular
    1.   when establishing employment under a contract of service,
    2.   when determining the level of pay,
    3.   when granting voluntary social benefits that do not constitute pay,
    4.   during training and continuing education activities on a company level,
    5.   in the scope of professional advancements, particularly promotions,
    6.   in terms of any other work conditions, and
    7.   on termination of employment under a contract of service.
Discrimination is any prejudicial differentiation without objective justification (sec. 2 Equal Treatment Act
[GlBg]).


E. GENERAL OBLIGATIONS ON THE PART OF WHITE-COLLAR WORKERS
1. The white-collar worker shall be obliged to duly carry out all the work related to the position held in ac-
   cordance with the provisions of the law and the supervisor's orders.
2. The white-collar worker shall not be authorised to accept a bonus or any other consideration from cus-
   tomers or business partners without the employer's consent.
3. Furthermore, the white-collar worker shall not be authorised to operate an independent commercial
   company nor conduct or broker commercial business, without the employer's consent, for his/her own
   account or on behalf of a third party in the same sector as the employer.
4. Unless the law provides for a disclosure obligation, the white-collar worker shall maintain confidentiality
   towards all third parties regarding all business matters.
5. Non-compliance with these provisions shall constitute good cause for termination of employment under a
   contract of service (dismissal) in accordance with sec. 27 White-collar Workers Act (AngG).




                                                       6
F. ANNUAL LEAVE
1. Holiday leave is governed by sec. 17 White-collar Workers Act (AngG) of Federal Law Gazette No 390/76
   concerning the standardisation of annual leave entitlement and the introduction of nursing leave.
2. Previous employment periods spent in the same company shall be recognised with immediate effect
   when calculating annual leave entitlements at the time of re-employment with the company if the inter-
   ruption did not exceed 180 days and employment under a contract of service had been terminated by the
   employer.
3. Along with the statutory leave entitlement, war-disabled persons and persons whose earning capacity is
   reduced by at least 50% due to an occupational accident or an occupational illness are entitled three ad-
   ditional days of leave.


G. CONTINUED PAY IN THE EVENT OF INABILITY TO WORK
1. If notified and subsequently proven, the occurrence of a number of family occasions shall entitle the em-
   ployee to continued pay in accordance with sec. 8(3) White-collar Workers Act (AngG); these shall include:
    1.1. the employee's own marriage (3 working days),
    1.2. attendance of the marriage of the employee's children and siblings (1 working day),
    1.3. death of the spouse or life partner, if he/she shared a household with the white-collar worker (2 working
         days),
    1.4. attendance of the spouse's or life partner's funeral (1 working day),
    1.5. death of parents, parents-in-law or children (1 working day)
    1.6. attendance of the parent's, parent-in-law's, child's, sibling's or grandparent's funeral (1 working day),
    1.7. on the occasion of a spouse or life partner giving birth to a child (1 working day),
    1.8. in the event of moving house, the time needed for such relocation, but no longer than 2 working days
         within a period of 6 months,
    1.9. the time needed for medical or dental treatment, provided a certificate issued by the panel physician
         is presented.
2. With respect to continued pay for apprentices, the provisions set forth under sections 17 and 17a Vocational
   Training Act (BAG) shall be applicable with the proviso that such continued pay shall likewise be due for the
   day on which the apprentice takes the final apprenticeship examination. The illustrative list under point 1
   shall also be applicable for apprentices.


H. ANNIVERSARY BONUSES
For longstanding service, white-collar workers shall be granted the following one-time gesture payment after
completing the below-stated employment periods in one and the same company:
   20 years, at least 1 gross monthly salary,
   25 years, at least 1.5       gross monthly salaries,
   35 years, at least 2.5       gross monthly salaries,
   40 years, at least 3.5       gross monthly salaries
On the occasion of his/her anniversary, the white-collar worker shall be given two days leave with continued
pay.


I. RECOGNITION OF PARENTAL LEAVE AND HOSPICE LEAVE FOR ENTITLE-
   MENTS BASED ON SENIORITY
A period of ten months maximum shall be taken into account for the first parental leave (sec. 15 Maternity
Protection Act [MSchG], sec. 7c Fathers' Parental Leave [VKG]) taken during employment under a contract of
service and other leave taken for the palliative care of close relatives or care of seriously ill children (sections
14a and 14b Employment Contract Law Adaptation Act [AVRAG]) when determining the notice period in case of


                                                          7
termination, the length of continued pay in the event of illness (accident) and annual leave as well as the anni-
versary bonus.


J. TERMINATION
1. Unless this Collective Bargaining Agreement provides more favourable terms, the employer may terminate
   employment under a contract of service only in accordance with the provisions of the White-collar Workers
   Act (AngG). Where employment under a contract of service in an actual commercial occupation lasts for a
   period of more than 5 years in one and the same company, the employer may terminate an employee only
   in accordance with the provisions of sec. 20(2) White-collar Workers Act (AngG) at the end of each quarter
   of a calendar year, provided sec. 20(1) White-collar Workers Act (AngG) is applicable.
2. If the employee is the one to terminate employment under a contract of service, the provisions for termina-
   tion set forth under sec. 20(4) White-collar Workers Act (AngG) shall be applicable.


K. SEVERANCE PAY
With respect to severance pay, the provisions of the White-collar Workers Act (AngG) shall be applicable unless
this Agreement provides more favourable terms.
A white-collar worker who has been employed with one and the same company for at least 5 years and declares
his/her intention to terminate employment under a contract of service within the protection period under the
Maternity Protection Act (MschG) or no later than 3 months prior to the end of a maternity leave when still on
maternity leave in accordance with the Maternity Protection Act (MschG) shall be entitled to receive half the
severance pay due in accordance with sec. 23 White-collar Workers Act (AngG) but to no more than 3 monthly
salaries. Times of marginal employment in accordance with sec. 15(1a) Maternity Protection Act (MschG) shall
not be taken into account when determining the severance entitlement. The same shall be applicable for a male
white-collar worker, provided he takes parental leave in accordance with the Fathers' Parental Leave Act (VKG)
and tenders his early resignation from employment under a contract of service no later than 3 months prior to
the end of his parental leave. If employment under a contract of service is terminated by the employer, the
White-collar Workers Act (AngG) shall be applicable for assessing any severance pay.
In the event of the demise of a white-collar worker who has been employed with the company for a period in
excess of 1 year, the salary shall continue to be paid for the month of demise and the month following the white-
collar worker's demise. If the white-collar worker has been employed with the company for a period in excess of
1 year, the salary shall continue to be paid for the month of demise and two months following the white-collar
worker's demise.
Only legal heirs for whose maintenance the testator is legally obliged shall be eligible to receive this pay. If
there are no such eligible persons, then the individuals paying the funeral costs.
If, in addition to the continued payment of the salary, there is an entitlement to severance pay under this
provision in accordance with the White-collar Workers Act (AngG), only the more favourable of these entitle-
ments shall be applicable.
Points 1 through 3 of this provision shall not be applicable to employments under contracts of service commencing
after 31 December 2002. The same shall apply to contracts of service existing prior to 1 January 2003 and for
which a transfer (full or partial transfer) has been agreed, unless the transfer agreement provides otherwise.
The white-collar worker may revoke the agreement implementing the transfer pursuant to sec. 47 Act on Sever-
ance and Retirement Funds for Salaried Employees and Self-Employed Persons (BMSVG) for the contract for
services existing as at 31 December 2002, provided the employer receives written notice of revocation from the
white-collar worker within 3 weeks from signing the transfer agreement. The transfer agreement must indicate
the three-week period of notice for cancellation. The notice period for transfer agreements lacking any indica-
tion of the three-week period of notice for cancellation shall be extended to 6 months from the date on which
the respective transfer agreement was signed.




                                                      8
CHAPTER 2) WORKING HOURS

A. GENERAL PROVISIONS FOR WHOLESALE AND RETAIL
1. Normal working hours under the Collective Bargaining Agreement
Normal weekly working time shall be 38.5 hours per week without breaks.
2. Scheduling normal working hours
2.1.    The scheduling of normal weekly working hours over the individual weekdays, the start and end of daily
working hours as well as the duration and the scheduling of breaks shall be agreed in accordance with the stat-
utory provisions and the Collective Bargaining Agreement provisions set forth below. The above may be deter-
mined by way of a works agreement or separate agreement.
2.2.    If less than 8 hours of work are performed or no work at all is performed on a given working day, the
missing working hours may be scheduled over the other days of the week, although normal daily working hours
may not exceed 9 hours in such a case.
2.3.     Where normal working hours are scheduled at varying times of the day, their scheduling shall be agreed
for the relevant week no less than two weeks ahead of time notwithstanding sec. 19c(3) Working Time Act (AZG).
2.4.   The social partners recommend deploying white-collar workers who have lengthy travel times to and
from work for longer consecutive periods of time with as short interruptions as possible.
3. Flexitime
In a flexitime agreement pursuant to sec. 4 b Working Time Act (AZG) (works agreement or separate written
agreement in companies without a works council) normal daily working time for adults may be extended to 10
hours maximum.
4. Four-day week
Where weekly working hours are regularly scheduled over four or fewer consecutive days, normal daily working
time for fulltime employees (with the exception of minors) may be extended to ten hours. In the event of part-
time employment (with the exception of minors), normal daily working hours may be extended to ten hours if
the white-collar worker performs at least 8 hours of work on the day of assignment.
5. Making up hours in connection with public holidays
Where, in consideration of public holidays, time off is given on certain workdays so as to grant an employee
longer continuous time off periods, the normal working hours missed may be scheduled on working days over a
maximum period of 13 continuous weeks that include the days of absence. For minors, according to the Children
and Adolescents Employment Act (KJBG), this time period for making up the lost working hours may not exceed
7      weeks       -     or      13      weeks       by      virtue      of     a      works      agreement.



6. Travel times
Passive travel time, i.e. the time a white-collar worker travels in a vehicle not driven by him/her, shall be
compensated at the hourly rate applicable for normal working hours, unless the white-collar worker performs
work during this time for the assignment given him or her.
7. Cumulative working hours
7.1.    Over a period of 26 weeks, the normal weekly working time in individual weeks may be extended to a
maximum of 44 hours provided normal weekly working time does not exceed 38.5 hours within this cumulative
period.
7.2.   In companies with a works council, this cumulative period may be extended to a maximum of one year
by way of a works agreement, or otherwise by separate agreement.
7.3.   The length of normal weekly working time in the cumulative period must be agreed in advance. If the
cumulative period exceeds 13 weeks, then the length of the normal weekly working time must be agreed in
advance for a period of at least 13 weeks.
7.4.   Any changes resulting from a company's specific requirements or in consideration of an employee's inter-
ests must be agreed in advance in a timely manner.




                                                     9
7.5.    The time off in lieu needed to ensure this average number of working hours in the cumulative period
shall be granted at least in the form of half-days while giving due consideration to a company's specific require-
ments and the employee's interests.
8. Rest periods
In individual cases, the rest period pursuant to sec. 12 Working Time Act (AZG) may be cut down to 8 hours. The
shortfall in rest time compared to the rest period entitlement under the law shall be made up with a daily or
weekly rest period within the following 10 calendar days. In companies with a works council, the works council
must be heard.
9. Credit hours
Fr any credit hours left over at the end of employment under a contract for services the normal hourly wage
shall be payable if employment under a contract for services is ended on account of dismissal due to the em-
ployee's fault, termination by the employee or the employee's resignation without good cause.


B. WORKING HOURS IN WHOLESALE
1. General provisions
1.1.    Except for employment in accordance with 2.1., an employee's normal working hours in wholesale ends
on Saturdays at 1 pm.
1.2.   Unless provided otherwise by works agreement pursuant to A. 2.1. in this chapter, an employee shall be
granted one half-day off a week in the months of January through November in addition to the non-working
Saturday afternoon. This time off shall be granted once on a Saturday (non-working Saturday) within a period of
6 weeks while giving due consideration to the company's specific requirements and the employee's interests. By
way of derogation, a cumulative period of 8 weeks may be agreed during which at least 8 whole working days
remain working-free days.
1.3.    The option of granting half-days off shall not be applicable for such companies and in such weeks where
business is closed for several half-days of work or a whole working day. Arrangements that depart from the above
may be agreed by way of a works agreement.
1.4.   On 24 and 31 December, normal working hours shall end at 1 pm. Should these days fall on a Saturday,
normal working hours shall end at 12 noon. Only if absolutely necessary, is finishing work permitted after this
time. Any such hours shall be considered overtime.
2. Wholesale outlets
2.1. In wholesale outlets (characterised by direct customer contact, on-site service provision), employment on
Saturdays up to 6 pm. is permissible for the purpose of advising and supporting customers, in the sale of goods
and for activities directly related thereto or without which these would be unfeasible (sec. 12a Act on Rest
Periods [ARG]). Employees may be tasked with absolutely necessary finishing, cleaning, maintenance or repair
work for no longer than one additional hour.
2.2. If an employee pursuant to 2.1. is requested to work after 1 pm on a Saturday, he/she must be granted the
following Saturday as a complete day off. The exemptions under C. 2.1., 2.2. and 3. as well as the cumulative
period provisions set forth in 2.3. and 2.4. of this chapter shall apply accordingly.
2.3. For normal working hours and extra hours, point F.1. of this chapter shall apply analogously with respect to
compensation for work pursuant to 2.1. performed on Saturdays from 1:00 pm; a 70% premium is applicable for
any extra hours performed.
2.4. With respect to work pursuant to 2.1. performed between 8:00 pm and 5:00 am from Monday 12:00 midnight
to Saturday 5:00 am, compensatory time credit in the amount of 50% shall be due for normal and extra work.
Monetary compensation may be agreed by way of a works agreement or separate written agreement.
2.5. Where the employee is assigned to work for a period in excess of 6 hours in the time between 8:00 pm and
5:00 am pursuant to 2.1, the rest period according to sec. Working Time Act (AZG) shall amount to 13 hours
immediately after such an assignment. Optionally, an agreement may be signed entitling the employee to an
uninterrupted rest period of 24 hours per week in addition to weekend rest as provided for in sec. 3 Working
Time Act (AZG).
2.6. Employees assigned to work for no less than 24 nights per calendar year within the meaning of 2.5 are
entitled to a medical examination in accordance with sec. 12b Working Time Act (AZG).
2.7. Further arrangements relating to employment and compensation pursuant to sub-chapter 2 may be agreed
by way of a works agreement.


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C. WORKING TIME IN RETAIL
1. General provisions for retail
    1.1. In the months from January through November, employees shall be given two half-days off per week.
    1.2. This time off shall be granted once on a Saturday (non-working Saturday) within a period of 6 weeks
         while giving due consideration to the company's specific requirements and the employee's interests. By
         way of derogation, a cumulative period of 8 weeks may be agreed during which at least 8 whole working
         days remain working-free days.
    1.3. The option of granting days or half-days off shall not be applicable for
1.3.1. such companies and in such weeks where business is closed for several half-days or a whole working day.
1.3.2. food retail companies with up to 4 employees.
1.3.3. retail drugstore companies with up to 4 employees
1.3.4. grocery store companies with up to 4 employees where the revenue from the sale of food makes up 75 %
of total sales.
For companies with branches, the calculation should be based on the company's total number of white-collar
workers and apprentices.
1.4.    On 24 December and 31 December, working time shall end by the close of business as set forth by the
Opening Hours Act (ÖZG) or an ordinance issued by the provincial governor. However, on 24 December, normal
working hours shall end at 2:00 pm and on 31 December at 5:00 pm, unless the provincial governor has provided
for no or later shop closing times. Only if absolutely necessary, is finishing work permitted after this time; any
such work performed shall be considered overtime.
1.5.   For employees and apprentices called out to work after 1:00 pm more than once a month on one of the
remaining Saturdays, normal working hours on the four Saturdays on which shops are open for business prior to
24 December, shall end no later than at 1:00 pm.
2. Sales outlets kept open after 1:00 pm on more than one Saturday per month
2.1.    Working on Saturday – non-working Saturday
White-collar workers and apprentices in sales outlets may be called out to work on Saturdays after 1:00 pm, if
the applicable rules relating to opening hours permit the sales outlets to remain open. In this case, such employ-
ees and apprentices shall be given the whole day off on the subsequent Saturday, unless:
The employee was called out to perform any of the following after 1:00 pm
2.1.1. sales activities admissible in accordance with sections 17 and 18 Act on Rest Periods (ARG) or an ordinance
pursuant to sec. 12 Act on Rest Periods (ARG),
2.1.2. sales activities on the last four Saturdays prior to 24 December,
2.1.3. finish attending to customers pursuant to sec. 8 Opening Hours Act (ÖZG 1991 in the 2003 version),
2.1.4. finishing work pursuant to sec. 3(2) Act on Rest Periods (ARG).
2.2.    Exemptions from the non-working Saturday
In the cases specified below, white-collar workers and apprentices called out to work after 1:00 on a Saturday
may be called out to work on the following Saturday:
2.2.1. part-time employees with whom the performance of work has been agreed only for Saturdays.
2.2.2. white-collar workers and apprentices in sales outlets that - with the exception of the four Saturdays prior
to 24 December - are kept open after 1:00 pm on one Saturday per month, in accordance with C. 3. of this
chapter.
2.2.3. sales activities that are permitted during the weekend rest period on the basis of an ordinance pursuant
to sec. 12 and/or sec. 13 Act on Rest Periods as at the effective date of 31 December 1996 .
2.2.4. part-time employees hired to work for a period of up to 18 hours per week on the basis of an employment
contract pursuant to sec. 15h or sec. 15i Maternity Protection Act (MSchG) or, as the case may be, pursuant to
sec. 8 or sec. 8a Fathers' Parental Leave Act (VKG).




                                                       11
2.3.   General rules of cumulation
In companies with a works council, assignment to work on two Saturdays within a period of 4 weeks may be
permitted by way of a works agreement or separate written agreement. In this case, the remaining Saturdays in
this time period must remain non-working Saturdays.
The weeks during which Saturday afternoon work is permissible by virtue of this provision shall not be taken into
account when determining the cumulative period (suspended application).
2.4.   Cumulation rule for retail companies with a low number of employees
2.4.1. In retail companies with less than 25 permanent employees, the following may be agreed as additional
options by way of a works agreement or - in companies without a works council - by way of a separate written
agreement:
a)      the employee may be assigned to work after 1:00 pm on up to 4 Saturdays within a time period of 8
weeks if he/she is given time off on just as many Saturdays or,
b)      the employee may be assigned to work after 1:00 pm on 3 Saturdays within the cumulative period of 4
weeks if he/she is given one Saturday and one Monday off, respectively, during the cumulative period or
c)      the employee can be assigned to work on 5 Saturdays within time period of 10 weeks. This notwithstand-
ing, the employee may be assigned to work on 6 Saturdays if he/she is given one Monday off or the employee
may be called to work on 7 Saturdays, if he/she is given two Mondays off.
2.4.2. In the week where Saturday is a non-working day, the normal weekly working hours shall be scheduled on
the working days Monday through Friday in accordance with C. of this chapter. In the week where Monday is a
non-working day by virtue of an agreement based on the provision in 2.4.1 b, the normal weekly working hours
shall be scheduled on the working days Tuesday through Saturday.
2.4.3. The weeks during which Saturday afternoon work is permissible in accordance with this chapter shall be
left out of account when determining the cumulative period (suspended application).
2.5.   Alternative scheduling of non-working Saturdays
2.5.1. Essentially, the provisions of point C., 2., 2.1. (Working on Saturday – non-working Saturday) of this
chapter is applicable in sales outlets. However, non-working Saturdays may be scheduled differently in accord-
ance with the provisions below in companies with a works council by way of a works agreement or otherwise
by separate written agreement.
2.5.2. Exemptions from application
In the following cases, alternative scheduling of non-working Saturdays cannot be agreed:
a) part-time employees with whom the performance of work exclusively on Saturdays has been agreed,
b) apprentices,
c) employees hired over holiday periods (as in salary schedule A, employment group 1a),
d) part-time employees hired to work for a period of up to 18 hours per week on the basis of an employment
contract pursuant to sec. 15h or sec. 15i Maternity Protection Act (MSchG) or, as the case may be, pursuant to
sec. 8 or sec. 8a Fathers' Parental Leave Act (VKG).
e) white-collar workers during the probationary month (chapter 1) C.)
2.5.3. Length of the cumulative period
The cumulative period shall be 52 weeks. Groups of employees may be excluded from the scheduled cumula-
tive period by way of a works agreement.
2.5.4. Number of blocked time off periods
Employees may be called out to work on Saturdays after 1:00 pm if - within a cumulative period of 52 weeks
(Friday, Saturday, Sunday or Saturday, Sunday, Monday) - they are granted continuous time off periods on
weekends (blocked time off periods) at least 10 times and these time off periods comprise three calendar
days, including Saturday and Sunday. If one of the working days included in the blocked time off period falls
on a public holiday, then the preceding or the following working day shall be included in the blocked free
time period.
One blocked free-time period shall be used up in five of the six calendar months of the first half of the cumu-
lative period and another blocked time off period shall be used up in the five of the six calendar months of
the second half of the cumulative period. One month without any blocked time off period may be agreed in




                                                      12
the first half of the 52-week cumulative period and in the second half of the 52-week cumulative period (e.g.
the four Saturdays prior to 24 December).
Where the employee is assigned to work only for part of the scheduled cumulative period due to the start,
end or duration of employment under a contract for services, the number of blocked time off period shall be
prorated in proportion to the time employed by the company. Any fractions of blocked time off periods re-
maining shall be rounded up to the nearest whole number in line with standard business practice. If employ-
ment under a contract for services ends due to termination by the employee, culpable dismissal or unjusti-
fied early resignation, fractions of the blocked time off period shall be left out of account.
Where blocked time off periods (Friday, Saturday and Sunday) granted to full-time and part-time employees
result in a 4-day week, the normal daily working times may be extended to 10 hours.
2.5.5. Scheduling and use of blocked time off periods
Any plans and required modifications shall be mutually agreed giving due consideration to operational re-
quirements and any good cause put forward by the employee.
If the schedule for the blocked time off period has been agreed, there shall be not entitlement to any re-
placement for the times that fall into this period according to sec. 8 White-collar Workers Act (AngG) and
sec. 16 Paid Annual Leave Act (UrlG).
If, at the time the blocked time off period is agreed, holiday leave has already been agreed by way of an ear-
lier agreement between the employee and the employer, no blocked time off period may be agreed for these
days.
Where the alternative schedule of the non-working Saturday becomes applicable for the first time, particu-
larly on introduction of this working time model or in the cases of entries during the first six months of the
cumulative period, the initial blocked time off period must be agreed no later than two weeks before it is
taken.
2.5.6. Special provisions for blocked time off periods
Where the use of one blocked time off period per month cannot be ensured due to operational requirements
or due to personal good cause put forward by the employee, a second blocked time off period may be agreed
for the three subsequent calendar months as trade-off, provided the cumulative period is not exceeded.
Where blocked time off periods pursuant to 2.5.4. of this provision are not used up within a cumulative pe-
riod of 52 weeks, the employee shall be given one day off (= working day) for each blocked time off period as
trade-off.
If the employee refuses any agreement on the use of blocked time off, the employer shall, for lack of any
agreement, be entitled to schedule blocked time off periods for the employee. There shall be no entitlement
to compensatory payment if the employee was in a position to take blocked free time but failed to do so for
no good cause.
No monetary compensation may be paid out for blocked time off periods as long as employment under a con-
tract for services continues.
Blocked time off periods do not qualify as time off in lieu as defined under F., 1.4. of this chapter and shall
not trigger applicability of the 30% compensatory time credit.
2.5.7. Termination of employment under a contract for services
Any blocked time off periods that have not yet been agreed at termination of employment under a contract
for services must be used during the notice period if possible. If this cannot be ensured, the employee shall
be entitled to one additional day of leave per agreed blocked time off period or, if employment under a con-
tract for services has ended, to appropriate pay in lieu of leave, except in the case of unjustified early resig-
nation.
3. Sales outlets that, with the exception of the 4 Saturdays prior to 24 December, are kept
   open after 1.00 pm on only one Saturday per month
3.1. Assigning a white-collar worker to work on Saturdays after 1:00 is admissible even if the subsequent Saturday
is not a non-working Saturday.
3.2. Furthermore, granting whole days or half-days off pursuant to C., 1. of this chapter shall not be applicable
for full-time employees in sales outlets where total opening hours within a calendar week do not exceed 44
hours.




                                                         13
D. WEEKLY TIME OFF FOR MINORS
1.      For minors up to the age of 18, all Sundays shall be working-free days without exception.
1.1. In addition, minors must be given one whole calendar day off in this week and this day off must not imme-
diately precede or follow a Sunday. Where possible in organisational terms and if in the interest of the minors,
this non-working day may also be a Saturday or Monday. In any case, the time from Saturday 6:00 pm to Monday
7:00 am must be kept free of work.
1.2. This notwithstanding, the weekly time off may be reduced to 43 continuous hours including Sunday for
minors employed in a sales outlet where, pursuant to the Opening Hours Act (ÖZG), total weekly opening hours
do not exceed 55 hours. In this case, however, the average weekly time off may not be less than 48 hours within
a time period of 8 weeks maximum. The required setoff must be agreed in whole days or half-days. This deroga-
tion may be agreed by way of a works agreement for minors in other sales outlets as well.
2.      For minors in sales outlets pursuant to the Opening Hours Act (ÖZG), which are closed for one whole day
or half-day in a given calendar week, the employer may decide to schedule the day of rest, which is not a Sunday,
on the day of closure.
The half-days off pursuant to B. and C. of this chapter shall be counted towards these whole days or half-days
off; in so doing, at least every sixth Saturday must be a non-working Saturday.

E. EXTRA HOURS
1.      Work performed in the amount of 1.5 hours per week, which corresponds to the reduction in weekly
working hours (as normal working hours previously totalled 40 hours), shall qualify as extra hours. This additional
work (from 38.5 to 40 hours, inclusive) shall not earn the employee any premiums and shall not be counted
towards the admissible overtime allotment. This rule shall also apply for the alternative scheduling of normal
working hours pursuant to points A. 2., 4. and 7., B. as well as C., 1. of this chapter, provided that the 1.5 hours
per week in excess of the respective weekly working time resulting from the alternative scheduling of normal
working hours qualify as extra hours. In performing additional work, a weekly working hour limit of 44 hours may
not be exceeded, except when making up for time lost in connection with public holidays pursuant to sec. 4(3)
Working Hours Act (AZG). For the scheduling of such extra hours, the provisions relating to the scheduling of
overtime shall apply accordingly.
2.      Working hours for which, pursuant to point G. of this chapter, a premium of more than 50% is payable
shall not qualify as extra hours within the meaning of point 1. but as overtime.
3.       The daily working hour limit of 9 hours and the working hour limits pursuant to points B. 1.4. and C. 1.4.
of this chapter may not be exceeded by extra hours within the meaning of point 1.
4.      Compensation for extra hours shall be calculated by dividing the gross monthly salary by 167. On transfer
to the NEW salary scheme, compensation for extra hours shall be calculated by dividing the gross monthly salary
by the normal working hours specified in this Collective Bargaining Agreement and by 4.33.
5.      Instead of paying out extra hours, time off in lieu may be granted as compensation at a rate of 1:1.
6.     The provisions of this chapter shall be applicable until such time as any further reduction in weekly
working hours enters into force.

F. NORMAL WORKING HOURS AND EXTRA HOURS DURING EXTENDED OPEN-
   ING HOURS
1.   General
1.1.     The entitlement to compensatory time credit or, as the case may be, to pay within the meaning of this
point is justified for work performed within the scope of the provisions of the Opening Hours Act (ÖZG) for
opening hours with a view to providing advice and support to customers, selling goods and for directly related
activities or activities without which such advice, support or the sale of goods would not be feasible, and for
other work demanded by the employer in connection with using the option of extended opening hours if and to
the extent that any such work is performed within the scope of opening hours exceeding the number of opening
hours permissible prior to 1 September 1988.
1.2.    Compensatory time credit, which shall generally be used up in the form of time off, shall be granted for
normal working hours (within the applicable normal weekly working hours) and for extra hours (in the amount of
1.5 hours per week pursuant to point E. of this chapter) performed on workdays from Monday through Friday
between 6:30 pm and 9:00 pm and for any work, particularly finishing work, performed until 9:00 pm in connec-
tion with the extended opening hours and on Saturday between 1:00 pm and 6:00 pm.




                                                       14
1.3.     The option of compensation in accordance with the paragraphs 4 and 5 below requires a works agreement
or - in companies without a works council - a separate written agreement. The works agreement may also au-
thorise the separate agreement to determine the form of compensation.
1.4.    If setoff of compensatory time credit is ensured in the form of a whole non-working day in a manner that
warrants uninterrupted time off and includes the weekly rest period or a public holiday rest period, then this
time credit for work performed from Monday through Friday from 6:30 pm to 8:00 pm and on Saturday between
1:00 pm and 6:00 pm shall amount to 30% = 18 minutes of every actually performed normal working hour and/or
extra hour.
1.5.    If setoff of compensatory time credit is ensured in the form of a whole non-working day, then this com-
pensatory time credit for work performed from Monday through Friday between 6:30 pm and 8:00 pm and on
Saturday between 1:00 pm and 6:00 pm shall amount to 50% = 30 minutes of every actually performed normal
working hour and/or extra hour. Compensatory time credit may also be used up in connection with any agreed
time off in lieu for extra hours and overtime.
1.6.    If agreed compensatory time credit pursuant to 1.4. and 1.5. can no longer be used up due to termination
of employment under a contract of service, such compensatory time credit shall be paid out in the amount
applicable for such compensatory time credit. This shall be calculated by dividing the gross monthly salary by
the normal working hours specified in this Collective Bargaining Agreement and by 4.33.
1.7.     For any other form of setoff through compensatory time credit the following shall apply:
         1.7.1. from Monday - Friday between 6:30 pm and 8.00 pm: 70% = 42 minutes
         1.7.2. from Monday to Friday as of 8:00 pm: 100% = 60 minutes
         1.7.3. on Saturday between 1:00 pm and 6:00 pm: 50% = 30 minutes
         of the normal working hours and/or extra hours actually performed in these time periods.
1.8.    If pay is agreed as compensation for compensatory time credit pursuant to 1.7., such payment shall
amount to the amount of the respective premiums and/or compensatory time credit. Compensation shall be
calculated by dividing the gross monthly salary by 167. On transfer to the NEW salary scheme, compensation
shall be calculated by dividing the gross monthly salary by the normal working hours specified in this Collective
Bargaining Agreement and by 4.33.
1.9.  If the compensatory time credit pursuant to 1.4 and 1.5. is not set off through the employer's fault,
payment in accordance with 1.7. and 1.8. shall be due on termination of employment under a contract of service.
1.10. The assignment of employees pursuant to 1. is admissible only if and to the extent that no legitimate
employee interests - for example, care of children and parents, unacceptable options for travelling back home,
attendance of school and continuing education programmes - oppose the performance of this work.
1.11. These provisions shall not be applicable to white-collar workers with whom the performance of work has
been agreed for Saturdays only.
2.     Special sales events
2.1.   The following provisions shall be applicable for work within the meaning of 1. that is performed outside
the general working hours pursuant to Working Hours Act 2003 as amended by Working Hours Act 2007 (ÖZG 2003
as amended by ÖZG 2007) and permitted on the basis of an ordinance pursuant to sec. 4a (1) nos. 3 and 4 Working
Hours Act (ÖZG).
2.2.    Employers who keep their sales outlets open after 9:00 pm within the scope of such a sales event and
require their employees to work within the meaning of 1. shall be obliged to notify employees thereof no later
than two weeks prior to any such event. The employee who receives such notification in a timely manner shall
be entitled to turn down the request to work within one week from receipt of such notification. No employee
may be prejudiced as a result of turning down such a request to work.
2.3.    For such work performed after 9:00 pm, the employee shall be entitled to 100% compensatory time credit
for the hours worked until the end of the sales event and performing any related work, particularly finishing
work. Monetary compensation may be agreed.
2.4.   Entitlements pursuant to 1. and/or 2.3. shall not be applicable to employees employed exclusively for
the purpose of working within the scope of special sales events.
2.5.    After a work assignment after 9:00 pm, the employee must be granted a rest period of no less than 11
hours. If this cannot be organised due to operational constraints, the rest period may be cut down to 8 hours
acc. to A. 8. of this chapter, particularly in micro-entities.




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