Collective Agreement for Foreign Airlines, Employees, valid from January 1st, 2022

Applies to:

Austria-wide

Collective Agreement for Employees and Other Workers of Foreign Air Transport Companies in Austria

Valid from January 1, 2022

Final Information 2022

3. To compensate for inflation in 2020, all employees who were in a fully insured, ongoing employment relationship as of March 31, 2022, to which the collective agreement in question was applicable, will receive a one-off payment of €600 gross promptly , but no later than the end of May 2022. For employees who were employed part-time as of March 31, 2022, the one-off payment can be prorated according to their level of employment.

4. The compensation for the replacement of the step changes will be suspended for 2022 and will be resumed in the next negotiations.

5. This agreement shall enter into force retroactively as of 1 January 2022.

6. Negotiations for 2023 are expected to start in October 2022.

Table of contents

§ 1 Scope

§ 2 Commencement and duration of validity

§ 3 Application of the Labor Constitution Act

§ 4 Employment

§ 5 Working hours

§ 6 Rest period and holidays

§ 7 Overtime, Sunday and holiday work

§ 8 Continued payment of remuneration in the event of absence from work

§ 9 Holidays and leisure days

§ 9a Parental Leave

§ 10 Termination and early termination of the employment relationship 

§ 11 Severance Pay

§ 12 Anniversary bonus

§ 13 Special Payments

§ 14 Shortage Money

§ 15 Mileage allowance

§ 16 Daily and overnight fees

§ 17 Favorability Clause

§ 18 Job group scheme and salary regulations

§ 19 Valorization Provisions

§ 20 Transitional Provisions

§ 21 Preclusion period

Annex I Usage Group Scheme

Appendix II Salary Table January 1, 2022

concluded between the Austrian Chamber of Commerce, Trade Association of Bus, Aviation and Shipping Companies, Aviation Professional Group, Wiedner Hauptstraße 63, 1040 Vienna, on the one hand, and the Austrian Trade Union Federation, GPA Trade Union, Alfred-Dallinger-Platz 1, 1030 Vienna, on the other hand, concerning the employees and other workers of foreign airlines in Austria.

§ 1 Scope

1. This collective agreement applies to all employees and other workers (hereinafter referred to as employees) of foreign airlines working in the Republic of Austria.

2. Excluded from this collective agreement are employees transferred by the companies to the territory of the Republic of Austria whose employment contracts are subject to foreign employment law, as well as special contracts of senior employees within the meaning of the Working Hours Act, provided that These do not contain less favorable commissions.

§ 2 Commencement and duration of validity

1. This collective agreement shall enter into force on January 1, 2022.

2. This collective agreement may be terminated by either party by registered letter with three months' notice to the end of each calendar month. During the notice period, negotiations shall be initiated to renew this collective agreement.

§ 3 Application of the Labor Constitution Act

The Works Constitution Act, including the Works Council Election and Procedure Rules in their currently valid version, applies to company representation.

2. At the start of the employment relationship, the employee must be informed in writing by means of a service note of his or her classification in the job group and seniority level specified in Appendix 1 (see page 12) to this collective agreement. The works council must be informed of this in advance.

§ 5 Working hours

3. Normal working hours for employees who work shifts are from 6 am to 10 pm and can be extended to a maximum of 12 hours per day, subject to the provisions of the Working Hours Act. The time from 10 pm to 6 am is compensated within the framework of the existing night shift allowance of at least 30%. Existing more favorable regulations continue to apply.

4. For part-time employees, the normal daily continuous working time in shift work must be at least 4 hours.

§ 6 Rest period and holidays

1. In shift or continuous work, Sunday is considered a working day in view of the special operating conditions.
If the shift schedule does not include a Sunday off, each employee affected is entitled to a weekly rest period in lieu of Sunday rest. The weekly rest period must include at least 36 hours of uninterrupted free time.

2. The 36-hour weekly rest period must cover the period from Saturday 1:00 pm to Sunday midnight at least twelve times per calendar year. This regulation does not apply to airlines that fly to Austrian airports exclusively on weekends. Different regulations can only be made by company agreement.

3. The public holidays are:
1st and 6th January
Easter Monday
1st May Ascension Day Whit Monday Corpus
Christi 15th August 26th October 1st November 8th, 25th and 26th December

December 24th and 31st are considered half-holidays with work ending no later than 12:00 noon. If an employee takes vacation on December 24th or 31st, only half a vacation day will be counted.
(Section 3 as of January 1st, 2020)

§ 7 Overtime, Sunday and holiday work

4. For employees who work in shift or continuous work, the surcharge for the first 3 hours of overtime per week (Monday to Sunday) is 50% and for the remaining 100%.

5. A 100% surcharge will be granted for work during rest periods (according to Section 6 Z 1).

6. A 60% surcharge is granted for work on public holidays or half-holidays that are not rest days.
For each hour worked on public holidays or half-holidays, the same amount of paid time off is granted. This paid time off is granted taking operational requirements into account.
If the conditions for granting overtime surcharge and public holiday or rest day surcharge apply at the same time, only the higher surcharge (eg 60% surcharge plus 100% time off) is to be applied.

7. If an employee on shift work is called upon to work less than 6 hours outside of the normal working hours and not in connection with the shift work, he or she shall in any case be paid for 6 hours.

8. The claim for overtime compensation must be asserted within 4 months of the day on which the overtime was performed, otherwise the claim expires. In the event of timely assertion, the 3-year period of the ABGB applies.

9. Compensation for overtime may be made in agreement with the employee, taking into account the additional payments pursuant to paragraphs 3, 4 and 5, by means of time off.

10. In general, normal working hours should not be less than 6 hours per shift or day.

§ 8 Continued payment of remuneration in the event of absence from work

1. In the event of illness, the employee retains the right to remuneration in accordance with Section 8 of the Employees Act, provided that the difference between sick pay and the normal net salary is paid instead of half the salary.
In addition to the benefits in the previous paragraph, a further supplement to sick pay is granted in the amount of the difference between sick pay and the normal net salary (Annex II), which may not, however, exceed 49% of the gross salary (Annex II), as follows:

• if the employment relationship has lasted more than 5 years, 4 months,
  
• for more than 10 years 6 months,
  
• for more than 20 years, 9 months.
  

2. In the following cases, in the event of absence from work, each employee shall be granted time off to the following extent without reduction in his salary:

• if you get married yourself, 3 working days,
  
• in case of marriage of a parent, children and siblings 1 working day,
  
• in the event of the death of a spouse or life partner, provided that a shared household existed at the time of death, 3 working days,
  
• in case of death of the father, mother or a child, 2 working days,
  
• in the event of the death of siblings, parents-in-law, grandparents or spouses not living in the same household, 1 working day,
  
• in case of change of residence, the necessary time, but no more than 2 working days,
  
• If the spouse or partner gives birth, 2 working days.
  

§ 9 Holidays and leisure days

1. The provisions of the Federal Law of July 7, 1976 on the standardization of holiday entitlement and the introduction of care leave(Federal Law Gazette No. 390), as amended, shall apply to the employee's holiday entitlement.

2. For the purpose of calculating the duration of leave, periods of service spent abroad shall also be taken into account, but in total, including periods of service spent in the country, the maximum period shall be five years.

3. All full-time employees who are not yet entitled to the 6th week of vacation will receive two days off per year. All full-time employees who are entitled to the 6th week of vacation will receive one day off per year. Part-time employees are entitled to the proportion of the day off that corresponds to the proportion of part-time employment in relation to full-time employment.

§ 9a Parental Leave

If parental leave has been claimed up to the child's second birthday at the latest, the employer must inform the parent on leave in writing at the last known address in the sixth or fifth month before the end of the leave of absence as to when the leave wants to end.
If this notification is omitted and no resignation has taken place in accordance with Section 23a Paragraph 3 or 4 AngG , the employee can start work up to four weeks after a subsequent notification in the above sense (at the latest when the entitlement to child care allowance expires) or declare resignation within two weeks of this notification; in this case, there is an entitlement to severance pay in accordance with Section 23a Paragraphs 3 and 4 AngG , unless the BMVG applies.
Failure to provide work between the end of the statutory leave of absence and the resumption of work in accordance with the above provision is not deemed to be a breach of duty. There is no protection against dismissal beyond the statutory entitlement.
This regulation applies to waiting periods ending after September 30, 2004.

The following applies to leave periods beginning on or after January 1, 2016:
Leave periods of up to 22 months per leave period will be credited towards all entitlements depending on the length of service.

The following applies to parental leave that begins on or after January 1, 2019:
For births on or after January 1, 2019, the parental leave periods for each child will be credited to all entitlements depending on the length of service, to the extent that they are fully taken up, up to the maximum duration, in accordance with Sections 15, Paragraph 1 and 15c, Paragraph 2, Item 3 and Paragraph 3 of the MSchG in the version published in Federal Law Gazette I No. 68/2019.

The following applies to maternity leave that begins on or after August 1, 2019:
For births from August 1, 2019, the recognition of maternity leave during the ongoing employment relationship for all legal claims based on the length of service is governed by Section 15f of the Maternity Protection Act (MSchG) as amended byFederal Law Gazette 68/2019 in conjunction with Section 7c of the Father's Maternity Leave Act (VKG).

§ 10 Termination and early termination of the employment relationship

1. If the employment relationship was entered into or continued without a fixed term, it can be terminated by the employer in compliance with the notice periods specified in the Employees Act.
Employees who have not yet completed their second year of service can be terminated on the 15th or last day of each month. From the third year of service, termination can only take place at the end of each calendar quarter.

2. In all other respects, the relevant provisions of the Salaried Employees Act shall apply to termination and early termination of the employment relationship.

2. The entitlement to severance pay also exists if the employment relationship ends due to retirement, for men after reaching the age of 60, for women after reaching the age of 55, by termination by the employee, provided that the employment relationship has lasted for at least 10 years without interruption.

4. The entitlement to severance pay pursuant to paragraph 1 shall not apply if the employee, with the exception of  paragraph 2, terminates his employment himself, if he leaves early without good cause or if he is at fault for the dismissal.

5. In the event of the death of an employee who has not been employed continuously for 5 years, the severance payment is twice the last monthly salary. If the employee has been employed continuously for more than 5 years, he or she is entitled to the full severance payment in accordance with item 1.
The spouse or life partner living in the same household is entitled to this payment; if there are no such heirs, the legal heirs for whose maintenance the deceased was legally obliged; in the absence of such heirs, those persons who pay the funeral costs, but only up to the amount of the actual proven funeral costs.

6. In the event of an accident at work with a fatal outcome which has been recognized as such by the General Accident Insurance Institute, severe pay is due in accordance with paragraph 1.Paragraph 5 applies mutatis mutandis with regard to entitlement .

§ 13 Special Payments

3. Employees joining or leaving the company during the year are entitled to a pro rata portion corresponding to their length of service in the calendar year, calculated for employees leaving the company on the basis of their last monthly basic salary.
Employees are obliged to repay the pro rata portion of the special payment already paid to them at the request of the employer if they terminate their employment themselves or if the employment relationship is terminated due to their fault.

§ 14 Shortage Money

The works council is empowered to conclude a works agreement with the employer on shortfall compensation (Section 97 of the German Works Constitution Act).

§ 15 Mileage allowance

For business trips on behalf of the employer, when using a car, the official mileage rates granted to federal employees apply on the basis of Section 10 Paragraph 2 of the Travel Expenses Regulation 1955, Federal Law Gazette No. 133/55, in the currently valid version.

§ 16 Daily and overnight fees

For business trips in Austria on behalf of the employer, daily and overnight allowances are due in accordance with Section 26 Z 4 of the Income Tax Act in the currently valid version. If invoices for overnight stays are presented that are higher than the officially set overnight fees, these invoices will be paid by the employer up to 2.5 times the officially set overnight fee.

§ 17 Favorability Clause

Existing regulations and agreements that are more favorable for employees are not affected by the standards of this collective agreement. The benefits of this collective agreement can be offset against further similar benefits provided by the employer.

§ 18 Job group scheme and salary regulations

I. General Provisions 

2. If an employee carries out several activities at the same time which are mentioned in different employment groups, he or she shall be classified in the group which corresponds to his or her predominant activity.

3. Temporary work in a higher employment group or temporary deputization of an employee in a higher employment group does not give rise to a claim to a higher salary unless the temporary work or deputization lasts longer than two months. In this case, an allowance shall be paid for the temporary work or deputization, at least equal to the difference between the starting salaries of the employment groups concerned.

4. Deleted on 1.1.2016

5. When moving up to a higher employment group, employees will continue to be employed in the new employment group with their previous years of service and at their level (linear transfer).
( Paragraph 5 as of January 1, 2019)

6. Deleted on 1.1.2016

7. If there are reasons for an increase in salary, the increase shall take effect on the first day of the month in which the reason for the increase occurs.

8. Salary payments for the current calendar month must be made no later than the last day of the month. If the payday falls on a Sunday or public holiday, salary payments must be made on the previous working day.

9. Each employee shall be provided with a written salary statement showing the gross salary, any allowances and deductions.

10. When hiring new employees, the employer must offer the employee the opportunity to speak to the works council (if there is no works council, then to the relevant HR manager or a statutory or voluntary interest group) about the collective agreement classification and the system of advancement.

11. From 1 January 2016, a new salary scale will apply, into which existing employment relationships will be transferred in accordance with the provisions of Section 20 and to which the following principles will apply:

The basis for the planned salary increases within the new salary scale is the completed or credited years of service of each employee, which in turn are based on the individual date of employment of each employee.
The first increase occurs after the first four completed years of service, the second after the second five completed years of service (a total of nine years of service). Thereafter, an increase occurs every ten years until the employee has completed his or her fortieth year of service. (see table in Appendix II )

II. The job group scheme is laid down in Annex I and the salaries and allowances in Annex II .

§ 19 Valorization Provisions

The collective bargaining partners agree to conduct annual valorization negotiations in accordance with the following principles.

a. Three different components are negotiated:

1. The collective compensation adjustment of the actual salaries
   This refers to the increase that applies indiscriminately to all actual salaries, with the exception of those at the final value.
2. The budget, which is distributed in an individual amount to all or individual employees. The distribution of this individual pot is carried out by the employer, but the actual salary per employee can be increased by a maximum of 5%.
   The works council receives an annual list of the distribution of individual performance, showing the name and salary increase.
   The maximum percentage salary increase only refers to the distribution of the individual pot. Voluntary salary increases beyond this are not affected by this maximum.
   Deviating from the 5% limit according to Section 19 a. 2., the increase from the individual pot for employees of VG 1-4 can be up to 8%. This regulation only applies to 2019 and will be evaluated or renegotiated for 2020.
   (a. 2. as of January 1, 2019)
   
3. The adjustment of the new salary table: Collectively agreed adjustments to the actual salaries are not automatically transferred to the new salary table. The increase in the minimum salaries according to the salary table is a separate negotiation point.

There is a final value at level 40 in each pay group. Any employee who receives a salary at level 40 or higher is not taken into account for the distribution of the individual and collective pots (points 1 and 2). Exceptions can be agreed in a works agreement or in the individual employment contract/service certificate. There is no entitlement to such a works agreement or regulation in the individual employment contract/service certificate.

• Employees who receive a salary of level 40 or higher can receive an individual one-off payment that is not drawn from the pots (points 1 and 2). Employers decide individually on the entitlement and the amount of these one-off payments. This does not give the employee a legal entitlement.
  The term level 40 refers to the table in Appendix III and correlates (in 2016 also in terms of amount) with level 6 according to Appendix 11. After future increases in the table (point 3), only level 6 is to be considered as the final value.
• If an individual pot is set according to point 2 and the employee does not receive an increase in his actual salary from it for two years, a target agreement is concluded between the employee and the supervisor for the third year in which the salary increase has not been made. At the employee's request, the works council will be involved in this discussion. In companies without a works council, the employee has the right to bring a union representative to this discussion. In this discussion, realistic goals that can be achieved by the employee in his immediate work are agreed upon, which, if fully achieved, will lead to an increase in the actual salary from the individual pot in the third year. The prerequisite is that an individual pot is available.

§ 20 Transitional Provisions

The step changes on January 1, 2016, or in some cases on July 1, 2016, will be implemented using the table values ​​for 2015.
The resulting euro amounts will be migrated to the new table (see Appendix II ). Salary components that are above the minimum salaries in the new table after migration are considered non-absorbable overpayments (actual salary).
The following procedure is to be followed for the valorization on January 1, 2016: First the step changes are implemented, then the valorization for 2015.

§ 21 Preclusion period

Unless the collective agreement or statutory provisions stipulate otherwise, all claims arising from the employment relationship must be asserted in writing within six months of the due date, otherwise they will expire.

Vienna, March 28, 2022

AUSTRIAN
CHAMBER OF COMMERCE TRADE ASSOCIATION OF BUS, AVIATION AND SHIPPING COMPANIES
PROFESSIONAL GROUP AVIATION

AUSTRIAN TRADE UNION
FEDERATION GPA Trade Union
Economic Sector Transport 

Annex I

usage group scheme

Group 1 *)

Employees with simple, instruction-bound work that is carried out according to general guidelines,
eg
office assistants, drivers
, telephone operators, messengers
,
cleaners

*) VG 1 will be abolished without replacement on January 1, 2022. Employees who were classified in VG 1
until December 31, 2021 will be reclassified to VG 2 from January 1, 2022, taking into account their previous periods of service in the respective level (without any reduction in basic salary).

Group 2

Employees without relevant vocational training or professional experience, whose work requires independence within a given framework in addition to task-related knowledge,
eg
employees in passenger, freight and telephone sales as well as in reservations, in aircraft and passenger handling, air freight handling, acquisition agents, accountants,
clerks as beginners

Group 3

Employees with successful specialist training within one year or comparable experience who are able to independently make necessary corrections in the normal work process,
eg
employees who have completed basic training in passenger, freight and telephone sales as well as in reservations, in passenger, aircraft and air freight handling, sales agents, accountants, clerks, aircraft technicians

Group 4

Employees with thorough technical knowledge and extensive specific professional experience,
eg
employees in passenger, freight and telephone sales and reservations, in passenger, aircraft and air freight handling, sales agents, accountants, executive secretaries, aircraft technicians with a license

Group 5

Employees with management responsibility or specialists who are employed in an area of ​​responsibility that requires advanced technical requirements,
eg
shift manager or deputy shift manager,
supervisor or deputy supervisor in ticketing, sales and reservation
, accountant,
aircraft technician with two or more licenses ,
load controller
, acquisition agents with seniority and high performance level

Group 6

Employees with extensive management responsibility and a large area of ​​responsibility,
eg
chief mechanic,
supervisor,
duty manager
, shift manager,
dispatcher
, department manager,
station manager or deputy station manager

Group 7

Employees in senior positions with convincing performance as managers in a complex area of ​​responsibility,
eg
station manager,
managing director,
sales manager

Annex II

To compensate for inflation in 2020, all employees who were in a fully insured, ongoing employment relationship as of March 31, 2022, to which the collective agreement in question was applicable, will receive a one-off payment of €600 gross as soon as possible, but no later than the end of May 2022. For employees who were employed part-time as of March 31, 2022, the one-off payment can
be prorated according to their level of employment.

Night shift allowance:

Employees who work in shifts or continuous shifts and whose work regularly if entirely or partially between 10 pm and 6 am are entitled to a special allowance (night shift allowance). This special allowance amounts to at least 30% of the basic hourly salary for each hour of work between 10 pm and 6 am. This special allowance is only payable if the commissions on overtime are not applicable.