Collective Agreement for Employees in Retail, valid from January 1, 2022

Applies to:

Austria-wide

Collective Agreement for Employees and Apprentices in Commercial Enterprises

January 1, 2022

Table of contents

Section 1) General provisions

A. Scope

1. Spatial

2. Technical

3rd Personnel

B. Commencement and duration of validity

C. Employment

D. Equal treatment

E. General Duties of Employees

F. Vacation

G. Continued payment of wages in the event of inability to work

H. Anniversary funds

I. Recognition of parental leave and hospice leave for service-related claims

J. Termination

K. Dispatch

Section 2) Working hours

A. General commissions for wholesale and retail trade

1. Collective agreement normal working hours

2. Distribution of normal working hours

3. Flexible working hours

4. Other distribution of normal working hours (max. 4-day week)

5. Training in connection with public holidays

6. Travel times

7. Billable working hours

8. Rest periods

9. Time credit

10. Partial retirement

11. Company agreement to increase the weekly normal working hours for part-time employees

B. Working hours in wholesale

1. General provisions

2. Wholesale outlets

C. Working hours in retail

1. General commissions for retail trade

2. Sales outlets that are open after 1:00 pm on more than one Saturday per month

3. Points of sale which are open after 1:00 pm on no more than one Saturday per month, with the exception of the four Saturdays before 24 December

4. Delivery activities on Saturday afternoon

5th night surcharge

D. Weekly leisure time for young people

E. Overtime

F. Normal working hours and overtime during extended opening hours

1st General

2. Special sales events

G. Overtime

1st General

2. Overtime pay

3. Lump sum settlement

4. Compensation in free time

H. Inventory work

I. Rest days

1. General provisions

2. Special commission for work on December 8th

Section 3) Remuneration

A. New salary system

1. General provisions

2. Recognition of previous service

3. The employment group scheme

4. The salary table

5. Development classification for trainees

6. Christmas remuneration and holiday allowance

7. Formal requirements for all-in contracts

8. Additional Protocols of the Collective Agreement Parties

B. Salary Scale Old

C. Transitional provisions

1. General provisions

2. New service slip

3. Classification in the new employment group scheme

4th advancement date

5. Expiry and limitation provisions

6. Prohibition of discrimination

D. Special provision for employees with commission

E. Maintaining overpayments

Section 4) Framework conditions and remuneration provisions for training and further education

A. Dual and integrative vocational training

B. Remuneration for compulsory interns

C. Provisions for the Promotion of Part-Time Education

D. Educational leave

Section 5) Travel expenses and travel allowance

A. Definition of business trip

B. Travel expenses and travel allowance

1. Travel expenses

2. Travel expenses allowance

3. Participation in seminars, courses, information events and similar

4. Business trips outside Austria

5. Trade fair fee

6. Additional company regulations

Section 6) Special provisions for specific sectors

A. Pharmaceutical Wholesale

B. Mail order and online trading

C. Video stores

D. Tobacco shops

Section 7) Final provisions

A. Expiry and limitation provisions

1. General Provision

2. Working time records

3. Time credit, time compensation

4. Salary claims

5. Travel expenses and travel allowances

B. Advisory group and arbitration board

C. Final provisions

attachments

Appendix 1) Sample: Service slip salary system NEW

Appendix 2) Sample: Service slip salary system NEW – All-In

Appendix 3) Sample: Contract for compulsory interns

Appendix 4) Overview of reference functions (table)

Appendix 5) Detailed descriptions of the reference functions

Appendix 6) Training regulations for retail salesmen/women

Appendix 7) Relevant apprenticeship examination substitutes

Appendix 8) Decree of the BMWFJ according to § 34a BAG

Appendix 9) BMB decree on the implementation of compulsory internships at commercial training institutions

Appendix 10) Historical development of waiting period credits

Collective agreement for employees and apprentices in commercial enterprises from January 1, 2022  (PDF download)

Collective Agreement for Employees and Apprentices in Commercial Enterprises

concluded on November 23, 2021 between the Austrian Federal Economic Chamber, Federal Trade Division, 1045 Vienna, Wiedner Hauptstraße 63, and the GPA Trade Union, Economic Sector Trade, 1030 Vienna, Alfred Dallinger-Platz 1.

The terms "employer", "employee", "worker", "apprentice" and "compulsory intern" are to be understood as gender-neutral.

Section 1) General provisions

A. Scope

1. Spatial 

For the entire federal territory of Austria.

2. Technical

For all companies belonging to the Trade Division of the Austrian Federal Economic Chamber, the Association of Insurance Brokers and Consultants in Insurance Matters or the Association of the Book and Media Industry with the following exceptions:

2.1. the establishments subject to the collective agreement for employees in the pharmaceutical wholesale trade, insofar as the transition to the collective agreement for employees and apprentices in commercial establishments has not yet taken place.

2.2. OMV-Aktiengesellschaft

2.3. VOEST-ALPINE Rohstoffhandel GmbH, Vienna (VAR) and sales office of österreichische Kaltwalzwerke GmbH Vienna (VÖK).

2.4. Österreichische Salinen AG

2.5. Establishments whose membership in the fashion and leisure goods trade association is based exclusively on the rental of bicycles and sporting goods or sports equipment (fitness equipment).

2.6. Lotto collections

3rd Personnel

For all employees, apprentices, compulsory interns and trainees. Employees within the meaning of this collective agreement are all workers (including temporary workers) to whom the AngG applies.

B. Commencement and duration of validity

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

2. This contract, with the exception of Section 3) Remuneration, can be terminated by giving three months' notice at the end of a calendar quarter.

The provisions of Section 3) Remuneration can be terminated from the date of application subject to a period of notice of two months.

Notice of termination must be given by registered letter.

During the notice period, negotiations should be conducted on the renewal or amendment of the collective agreement.

C. Employment

1.1 The employer must inform the works council of each new employee before he or she is hired into the company, or in justified exceptional cases at the latest at the time of registration for social insurance.

1.2.

1.3. When the employment contract is concluded or immediately upon commencement of employment, the employee must be given a written record of the essential rights and obligations arising from the employment contract (service note) (a sample of such a service note can be found in the appendix ). This obligation does not apply if a written employment contract contains all the necessary information. Section 2 AVRAG applies.

1.4. The employee must be asked about previous periods of service that may be relevant within the meaning of this collective agreement at the latest when the employment contract is concluded. The employee must provide evidence of these periods of service at the latest when the employment relationship begins. Previous periods of service that are not provided or provided late are only taken into account for classification from the time of the claim.

1.5 The social partners recommend that branch establishments, when deploying an employee in branches, take into account as far as possible the proximity of the employee to the place of residence.

E. General Duties of Employees

1. The employee is obliged to properly carry out all work related to her position in accordance with the legal provisions and the instructions of her superiors.

2. The employee is not entitled to accept a commission or other remuneration from customers or other business partners without the employer's permission.

3. Furthermore, he is neither entitled to operate an independent commercial enterprise nor to conduct or arrange commercial transactions in the employer's line of business for his own or third-party account without the employer's permission.

4. Unless there is a legal obligation to provide information, the company is obliged to keep all business matters confidential from everyone.

5. Failure to comply with these provisions is an important reason for termination of the employment relationship (dismissal) in accordance with Section 27 of the AngG.

G. Continued payment of wages in the event of inability to work

1. If the following family matters have been reported and subsequently proven, there is a right to continued payment of remuneration in accordance with Section 8 (3) AngG, for example in the following cases:

1.1. in case of own marriage or registration of partnership (3 working days),

1.2. when attending the marriage or registration of the partnership of children and siblings (1 working day),

1.3.

1.4. when attending the funeral of a spouse, life partner or registered partner (1 working day),

1.5. in case of death of parents, parents-in-law or children (1 working day),

1.6. when attending the funeral of parents, parents-in-law, children, siblings or grandparents (1 working day),

1.7. in the case of the birth of the spouse or partner (1 working day),

1.8. in case of change of residence, the necessary time, but no more than 2 working days within half a year,

1.9. for the period of necessary medical and dental treatment, provided that a medical certificate is presented.

2. For apprentices, the provisions of Sections 17 and 17a BAG apply to the continued payment of apprentice salary, with the proviso that this also applies to the day on which the final apprenticeship examination is taken. The list under point 1, for example, also applies to apprentices.

J. Termination

1. Unless this collective agreement contains more favorable provisions, termination of an employment relationship by the employer can only take place in accordance with the provisions of the AngG. If the employment relationship for the actual commercial activity in the same company has lasted longer than five years, termination by the employer is only possible in accordance with the provisions of Section 20 Paragraph (2) AngG at the end of a calendar quarter, insofar as Section 20 Paragraph (1) AngG is applicable.

2. If the employment relationship is terminated by the employee, the termination provisions of Section 20 Paragraph (4) of the AngG apply.

K. Dispatch

1.

2. An employee with a minimum period of service of 5 years in the same company who declares within the protection period under the MschG or, when taking parental leave under the MschG, no later than 3 months before the end of the parental leave, that She no longer wishes to continue the employment relationship, is entitled to half of the severance pay to which she is entitled under Section 23 AngG, but no more than 3 months' salary. Periods of marginal employment under Section 15 Paragraph (1a) MSchG are not taken into account for the severe pay entitlement. The same rule also applies to a male employee if he takes parental leave under the VKG and declares his early termination of the employment relationship no later than 3 months before the end of the parental leave. If the employment relationship is terminated by the employer, the AngG applies to the calculation of the severance pay.

3. In the event of the death of an employee who has worked for the company for more than one year, the salary for the month of death and the following month must continue to be paid. After five years of service, the employee's salary must continue to be paid for the month of death and the two following months.

4. Only the legal heirs, whom the testator was legally obliged to support, are entitled to claim. If there are no such persons, then the natural persons who pay the funeral costs.

5. If, in addition to the entitlement to continued payment of salary under this provision, there is a statutory entitlement to severance pay under the AngG, only the more favorable entitlement shall apply.

6. Points 1 to 3 of this regulation do not apply to employment relationships that begin after December 31, 2002. This also applies to employment relationships that existed before January 1, 2003 and for which a transfer (partial or full transfer) was agreed, unless otherwise specified in the transfer agreement.

7. The agreement that results in the transfer pursuant to Section 47 of the Federal Employment Service Act (BMSVG) for the employment relationship existing on December 31, 2002 can be revoked by the employee if the employer receives written notice of the employee's revocation within three weeks of the conclusion of the transfer agreement. The transfer agreement must contain the three-week withdrawal period. In the case of transfer agreements that do not contain the three-week withdrawal period, this is extended to six months from the signing of the contract.

Section 2) Working hours

A. General commissions for wholesale and retail trade

1. Collective agreement normal working hours

2. Distribution of normal working hours

2.1. The distribution of normal weekly working hours over the individual days of the week, the start and end of daily working hours and the duration and location of breaks must be agreed in accordance with the statutory provisions and the following collective agreement provisions. This regulation can be made by works agreement or by individual agreement.

2.2 If less than 8 hours of work are carried out on a working day or no work is carried out at all, the lost working time may be distributed over the other days of the week, but in this case the normal daily working time may not exceeds 9 hours.

2.3. If the normal working hours change, their location must be agreed at least two weeks in advance for the respective week, without prejudice to Section 19c Paragraph (3) AZG.

2.4 The social partners recommend that employees who have to travel long distances to and from work should be employed over longer continuous periods with the shortest possible interruption of work.

4. Other distribution of normal working hours (max. 4-day week)

4.1 At the employee's request, the agreed normal weekly working hours shall be regularly distributed over four or fewer days.

4.2 The employer may reject this application within two weeks if

4.2.1. compliance with operational procedures is at risk or

4.2.2 the continuation of business operations can no longer be guaranteed.

4.3. If the application is rejected in accordance with 4.2, in companies with a works council, the works council must be informed and a mediation meeting must be held.

4.4 If the normal weekly working hours of full-time employees are regularly spread over four days, the normal daily working hours may be extended to ten hours.

If the normal weekly working hours of part-time employees are regularly spread over four or fewer days, the normal daily working hours can be extended to ten hours if the employee is employed for at least four hours consecutively on each day on which he or she is deployed.

4.5. During the current employment relationship, the alternative distribution of normal working hours must be taken into account in the planning of working hours at the earliest possible date after the application has been submitted. The provisions of this Section 2.1 must be taken into account.

5. Training in connection with public holidays

If working hours are canceled on working days due to public holidays in order to allow the employee a longer period of uninterrupted free time, the lost normal working hours can be spread over the working days of a maximum of 13 consecutive weeks, including the days of absence. For young people, this training period can be a maximum of 7 weeks according to the KJBG (KJBG) - 13 weeks by company agreement.

6. Travel times

Passive travel times, ie times during which the employee uses a means of transport without driving it themselves, are remunerated at the standard hourly rate, unless the employee performs work within the scope of the assignment given to him or her during this time.

7. Billable working hours

7.1 The normal weekly working hours may be extended to up to 44 hours in individual weeks of a period of 26 weeks, provided that the normal weekly working hours do not exceed 38.5 hours within this averaging period.

7.2 The averaging period may be extended to a maximum of one year in companies with a works council by works agreement or otherwise by individual contract.

7.3. The duration of the normal weekly working hours in the averaging period must be agreed in advance. If the averaging period is more than 13 weeks, the duration of the normal weekly working hours must be agreed in advance for at least 13 weeks.

7.4. Changes resulting from the respective operational requirements or from consideration of the interests of the employee must be agreed upon in good time in advance.

7.5 The time off required to achieve this average working time in the averaging period must be granted at least in half days, taking into account the respective operational requirements and the interests of the employee.

7.6 If it is not possible to achieve the required average working time, a time credit or a time debt of up to half of the contractually agreed weekly normal working time can be carried over to the next averaging period.

8. Rest periods

8.1. The rest period pursuant to Section 12 AZG may be reduced to up to 10 hours in individual cases. The amount of rest time lost compared to the statutory entitlement must be compensated for by a daily or weekly rest period within the next 10 calendar days.

8.2. The rest period pursuant to Section 12 AZG may be reduced to up to 8 hours in individual cases. The amount of rest time lost compared to the statutory entitlement must be compensated for by a daily or weekly rest period within the next 10 calendar days. In addition, the employee is entitled to a compensatory rest period of the same amount, which must be used up within one month by extending a daily or weekly rest period accordingly.

8.3 If the compensatory rest period is not used, the employee shall be entitled to time off in lieu of the same amount.

8.4. The commissions of the KJBG apply to young people

This provision shall enter into force on 1 December 2020 as regulated in the scope of application pursuant to Section 1) B.

9. Time credit

For time credits at the end of the employment relationship, the normal hourly wage is due if the employment relationship ends due to dismissal due to the fault of the employee, termination by the employee or resignation of the employee without good cause.

10. Partial retirement

10.1. If the employee wishes to use the continuous option of partial retirement until she reaches her retirement date and also wants to end her employment relationship when she reaches her retirement date, she must inform the employer of this in writing. This information must include the desired reduction in normal weekly working hours and the duration of the subsidized partial retirement.

10.2. Furthermore, the following conditions must apply to the employee:

10.2.1. Length of service of at least one year at the time of informing the employer

10.2.2 The monthly gross salary may not exceed the maximum contribution base for social insurance

10.2.3 The legal requirements for taking advantage of the legally regulated and subsidized partial retirement scheme must be met

10.2.4. Proof of the personal retirement date and timely submission of all necessary documents for the application to the funding agency by the employer.

10.3. If the requirements are met, the employer must reach an agreement with the employee on subsidized partial retirement within four weeks. Based on this, the application for subsidized partial retirement is submitted to the funding agency responsible for processing the application.

10.4. The employer may terminate the agreement on subsidized part-time retirement

10.4.1. postpone to a later date or

10.4.2. hold discussions on a modified extent of the reduction in normal working hours or

10.4.3. change to the blocked variant or

10.4.4. refuse
if compliance with operational procedures is at risk or if the continuity of business operations can no longer be guaranteed.

10.5 If the application is to be changed, postponed or rejected in accordance with 10.4, in companies with a works council, the works council must be informed and a mediation meeting must be held.

10.6. If the legal provisions on continuous part-time retirement are changed, this regulation will cease to apply. This does not apply to the changes already agreed upon when this regulation comes into force on January 1, 2019. In this case, the social partners will enter into negotiations on the renewal or amendment of the collective agreement.

11. Company agreement to increase the weekly normal working hours for part-time employees

A works agreement can set out the general conditions for increasing the agreed weekly normal working hours in the event of regular overtime. This can set out the observation period, the requirements for entitlement to an increase in the agreed weekly normal working hours, the period in which the increase is to be implemented, a possible right to return to the originally agreed working hours and measures to ensure compliance with the agreed weekly normal working hours, etc.

B. Working hours in wholesale

1. General provisions

1.1. With the exception of employment under 2.1, normal working hours on Saturdays for employees employed in wholesale trade end at 1 pm

1.2. Unless there is a regulation by works agreement in accordance with A. 2.1. of this section, the employee is to be granted a half-day off per week in the months from January to November in addition to the Saturday afternoon off. This free time is to be granted once within a period of 6 weeks on a Saturday ( free Saturday), taking into account the respective operational requirements and the interests of the employee. Alternatively, it can be agreed that at least 8 full working days remain free of work in an averaging period of 8 weeks.

1.3. The granting of half-days off does not apply to those companies and in those weeks in which several half-working days or a whole working day are closed. Different arrangements can be made by works agreement.

1.4. On December 24th and 31st, normal working hours end at 1:00 pm If these days fall on a Saturday, they end at 12:00 pm After that, only absolutely necessary finishing work is permitted. This counts as overtime.

2. Wholesale outlets

2.1. In wholesale sales outlets (characteristics: direct customer contact, provision of services on site), employment on Saturdays is permitted until 6 pm for the purpose of advising and assisting customers, selling goods and for activities that are directly related to these or without which these activities would not be possible (Section 12a ARG). Employees may only be employed for a maximum of one additional hour for absolutely necessary finishing, cleaning, maintenance or repair work.

2.2. If the employee is employed after 1:00 pm on a Saturday in accordance with 2.1, the following Saturday must remain a full day off. The exceptions under C. 2.1, 2.2 and 3 as well as the averaging provisions under 2.3 and 2.4 of this section apply accordingly.

2.3. With regard to the remuneration for work performed pursuant to 2.1 on Saturdays from 1 pm, point F. 1. of this section shall apply mutatis mutandis to normal working hours and overtime hours performed during this period; a surcharge of 70% shall apply for overtime performed during this period.

2.4. For work performed in accordance with 2.1 between 8 pm and 5 am from Monday midnight to Saturday 5 am, a time credit of 50% is due to normal or overtime work. Payment in cash can be agreed by company agreement or written individual agreement.

2.5. If the employee is deployed for more than 6 hours between 8 pm and 5 am in accordance with 2.1, the rest period pursuant to Section 12 AZG immediately after the deployment is 13 hours. Alternatively, it can be agreed that the employee is entitled to an uninterrupted rest period of 24 hours per week in addition to the weekend rest in accordance with Section 3 AZG.

2.6. Employees who work at least 24 nights in a calendar year within the meaning of

2.5. are entitled to an examination in accordance with Section 12b AZG.

2.7. Further provisions regarding employment and remuneration in accordance with subsection 2 may be made by works agreement.

C. Working hours in retail

1. General commissions for retail trade

1.1 In the months January to November, the employee shall be granted two half-days off per week.

1.2. This free time is to be granted once within a period of 6 weeks on a Saturday (free Saturday), taking into account the respective operational requirements and the interests of the employee. Alternatively, it can be agreed that at least 8 full working days remain free of work in an averaging period of 8 weeks.

1.3. The granting of days off or half days does not apply to

1.3.1. those establishments and in those weeks where several half working days or one whole working day are closed.

1.3.2. Food retail establishments with up to 4 employees.

1.3.3. Retail drug trafficking establishments with up to 4 employees.

1.3.4. General merchandise establishments with up to 4 employees whose turnover in value terms from the sale of foodstuffs amounts to 75% of the total turnover.

1.3.5. Tobacco shops with up to 4 employees
For branch establishments, the total number of employees and apprentices of the company is to be taken into account.

1.4. On December 24th and December 31st, working hours end with the end of the opening hours set by the Opening Hours Act or a regulation of the State Governor or a market regulation.
This provision comes into force on December 1st, 2020 as regulated in the scope of application according to Section 1) B.

1.4.1. However, employment and thus normal working hours end on December 24th at 1:00 pm Exceptions pursuant to Section 6 Paragraph 1, second sentence of the Opening Hours Act (concerning sales outlets for sweets and natural flowers as well as Christmas trees), pursuant to regulations of the state governors on the Opening Hours Act or pursuant to the Working Rest Act Regulation remain unaffected.

1.4.2. Normal working hours shall end on December 31 at 5:00 pm unless the Governor sets no or later closing times.

1.4.3. For normal working hours on December 31st between 1:00 pm and 3:00 pm, a surcharge of 50% is due, after 3:00 pm a surcharge of 100% is due.
This provision shall enter into force on December 1st, 2020 as regulated in the scope of application according to Section 1) B.

After that, only absolutely necessary final work is permitted; this counts as overtime.

1.5 On the four Saturdays before 24 December when shops are open, the normal working hours of employees and apprentices who were employed after 1 pm more than once a month on the other Saturdays shall end at 1 pm at the latest.

2. Sales outlets that are open after 1:00 p.m. on more than one Saturday per month

2.1. Employment on Saturday – Saturday off

Employees and apprentices in sales outlets may work after 1 pm on Saturdays, provided that the applicable opening hours regulations allow them to remain open. In this case, the following Saturday must remain a full day off, except in the following cases:

If the employee was employed after 13:00 with

2.1.1. Sales activities that are permitted under Sections 17 and 18 ARG or a regulation pursuant to Section 12 ARG,

2.1.2. Sales activities on the four Christmas Saturdays,

2.1.3. the final serving of customers in accordance with Section 8 of the ÖZG 1991 (as amended in 2003),

2.1.4. Final theses according to Section 3 Paragraph 2 ARG.

2.2. Exceptions to the Saturday holiday

In the following additional cases, employees and apprentices who were employed on a Saturday after 1 pm may be employed on the following Saturday:

2.2.1. Part-time employees with whom a work performance has been agreed in accordance with F, 1, 1.11.

2.2.2. Employees and apprentices in sales outlets, with the exception of the four Christmas Saturdays – are only kept open on one Saturday per month after 1:00 p.m., in accordance with C. 3. of this Section.

2.2.3. Sales activities permitted by a regulation pursuant to Section 12 and/or Section 13 ARG during the weekend rest period as of 31 December 1996.

2.2.4. Part-time employees who are obliged to work up to 18 hours per week as part of an employment contract pursuant to Section 15h or Section 15i MSchG or Section 8 or Section 8a VKG.

2.2.5. Part-time employees who are agreed to work up to 18 hours per week, if a written agreement is made at the request of the employee specifying the working days. The normal weekly working hours may be spread over a maximum of 3 days.
This provision comes into force on December 1, 2020 as regulated in the scope of application according to Section 1) B.

2.3. General calculation provision

In companies with a works council, employment on two Saturdays within a period of four weeks can be made possible by works agreement or by individual written agreement. In this case, the remaining Saturdays of this period must remain free of work.

Those weeks in which Saturday afternoon employment is permitted on the basis of this provision are not taken into account when calculating the averaging period (suspension of continuation).

2.4. Average calculation commission for retail companies with a small number of employees

2.4.1 In retail companies with no more than 25 permanent employees, the following may be agreed optionally by works agreement or – in companies where no works council has been established – by written individual agreement:

(a) that the employee may be employed on up to 4 Saturdays after 13:00 within a period of 8 weeks if she is free from work on the same number of Saturdays or,

b) that the employee can be employed on 3 Saturdays after 13:00 hours within an averaging period of 4 weeks, if one Saturday and one Monday remain free from work within the averaging period or

c) that the employee can be employed on 5 Saturdays within a period of 10 weeks. By way of derogation from this, the employee can be employed on 6 Saturdays if one Monday is a non-working day, or on 7 Saturdays if two Mondays are non-working days.

2.4.2. In the week in which Saturday is a non-working day, the normal weekly working hours shall be distributed over the working days Monday to Friday in accordance with C. of this section. In the week in which Monday is a non-working day in accordance with an agreement based on the provision in 2.4.1(b), the normal weekly working hours shall be distributed over the working days Tuesday to Saturday.

2.4.3. Those weeks in which Saturday afternoon employment is permitted under this section shall not be taken into account when determining the averaging period (suspension of continuation).

2.5. Other distribution of the non-working Saturday

2.5.1. In principle, the provisions of point C., 2., 2.1. (employment on Saturdays - non-working Saturdays) of this section apply in the sales outlets. In companies with a works council, a different distribution of non-working Saturdays can be introduced instead by works agreement, otherwise by written individual agreement, in accordance with the following provisions.

2.5.2. Exceptions to the application
In the following cases, the other distribution cannot be agreed:

a) part-time employees who are agreed to work exclusively on Saturdays,

b) apprentices,

c) part-time employees who are obliged to work up to 18 hours per week as part of an employment contract pursuant to Section 15h or Section 15i MSchG or Section 8 or Section 8a VKG,

d) Employees during the probationary month (Section 1) C.)

2.5.3. Duration of the averaging period
The averaging period is 52 weeks. Groups of employees can be exempted from the specified averaging period by company agreement.

2.5.4. Number of block holidays
Employees can be employed on Saturdays after 1:00 pm if they are given a consecutive weekly holiday (block holiday) of three calendar days, which includes Saturday and Sunday (Friday, Saturday, Sunday or Saturday, Sunday, Monday) , ten times within the calculation period of 52 weeks. If one of the working days of the block holiday falls on a public holiday, the previous or following working day must be included in the block holiday.

During the first and second half of the calculation period, a block holiday must be taken in five out of six calendar months. In both the first half of the 52-week calculation period and the second half of the 52-week calculation period, a month without a block holiday can be agreed (for example, the four Saturdays before December 24th).

If the employee is only employed for part of the specified calculation period due to the start, end or duration of her employment relationship, the number of block holidays is to be prorated in relation to the length of service. If the employee is absent for more than one month in a row due to illness or unpaid leave, the number of block holidays is to be prorated in relation to the length of service. Resulting fractions of block holidays are to be rounded to whole numbers in commercial terms. If the employment relationship ends due to termination of the employee's employment, dismissal due to fault or unjustified early resignation, fractions of block holidays are not taken into account.

If, in connection with the granting of block holidays (Friday, Saturday and Sunday), a 4-day week arises for full-time or part-time employees, the daily normal working hours can be extended to 10 hours.

2.5.5. Allocation and use of the block leisure time
Planning and necessary changes must be made by mutual agreement, taking into account the operational requirements and important personal reasons of the employee.

If the timing of the block holiday has been agreed, no compensation is due for the times falling within this period in accordance with Section 8 AngG and Section 16 UrlG.

If, at the time the block holiday is agreed, holiday has already been agreed for this period based on a previous agreement between the employee and the employer, no block holiday can be agreed for these days.

In the case of the first-time application of the alternative distribution of the non-working Saturday, in particular the introduction of this working time model or in the case of entries during the first six months of the averaging period, the first block holiday must be agreed at least two weeks before it begins.

2.5.6. Special provisions for block holidays
If it is not possible for the employee to take a block holiday in a month due to operational requirements or important personal reasons, a second block holiday can be agreed in the three following calendar months to compensate, provided that the averaging period is not exceeded.

If the employee refuses to make any agreement to take block holidays, the employer may, on his own initiative, allocate block holidays for the employee in the absence of an agreement.

If block holidays in accordance with 2.5.4 of this provision have not been taken within a calculation period of 52 weeks, the employee will receive one day's holiday (= working day) in lieu for each block holiday.

The block vacation cannot be replaced with money if the employment relationship is still valid. The employee cannot waive consumption or take a vacation day as a replacement for unused block vacation during the calculation period.

Block leisure time does not constitute time compensation within the meaning of point F., 1.4. of this section and does not lead to the application of the 30% time credit.

2.5.7. Termination of the employment relationship
If the employment relationship ends, any block vacation that has not yet been agreed must be compensated for as far as possible during the notice period. If compensation is not possible, the employee is entitled to one additional day of vacation for each agreed block vacation or, after the end of the employment relationship, to a corresponding vacation benefit in lieu, except in the case of unjustified early termination.

3. Points of sale which are open after 1:00 p.m. on no more than one Saturday per month, with the exception of the four Saturdays before 24 December

3.1 It is permissible for an employee to work on Saturdays after 1:00 pm, even if the following Saturday is not a day off.

3.2. The granting of full or half days off pursuant to C., 1. of this section shall not apply to full-time employees in sales outlets whose total opening time within a calendar week does not exceed 44 hours.

4. Delivery activities on Saturday afternoon

According to Section 12a ARG, employment for the delivery of products ordered or purchased by the final consumer in stationary or online stores is permitted until 6 pm on Saturday afternoons, provided this is a working day. For the period from 1 pm to 6 pm, a surcharge for normal working hours of 50% is payable.

D. Weekly leisure time for young people

1. For young people under the age of 18, Sunday shall be a day off work without exception.

1.1. In addition, one whole calendar day this week, which does not have to be a Sunday, must remain free from work. If it is organizationally possible and in the interests of the young people, this day off must fall on a Saturday or Monday. In any case, the period from Saturday 6 pm to Monday 7 am must remain free from work.

1.2. By way of derogation, in the case of a young person who is employed in a sales outlet within the meaning of the ÖZG with a total weekly open time not exceeding 55 hours, the weekly free time can be reduced to 43 consecutive hours, which must include Sunday. In this case, however, the average weekly free time must be at least 48 hours within a maximum period of 8 weeks. The necessary compensation must be agreed in the form of full or half days. This derogation can also be agreed for young people in other sales outlets by means of a company agreement.

2. For young people in sales outlets according to the ÖZG which are closed for a whole or half working day in a calendar week, the employer may set the rest day that does not fall on a Sunday as the closing day.

The half-days off pursuant to B. and C. of this section shall be counted towards these full or half-days off, ensuring that at least every sixth Saturday remains a day off.

E. Overtime

1. Work to the extent of a reduction in weekly working hours (previously 40 hours of normal working hours) of 1.5 hours per week is overtime. This additional work (from 38.5 to 40 hours inclusive) is to be treated without a surcharge and is not counted towards the permitted amount of overtime. This principle also applies if normal working hours are distributed differently in accordance with points A. 2., 4. and 7., B. and C., 1. of this section, with the proviso that 1.5 hours per week over the respective weekly working hours resulting from the different distribution of normal working hours are considered overtime. A weekly working time of 44 hours may not be exceeded due to overtime - except in the case of work in conjunction with public holidays in accordance with Section 4 Paragraph (3) AZG. With regard to the ordering of this additional work, the commissions on the ordering of overtime apply accordingly.

2. Working hours for which a surcharge of more than 50% is due in accordance with point G of this section shall not be considered additional work within the meaning of point 1, but as overtime.

3. The daily working time of 9 hours and the working time according to points B. 1.4. and C. 1.4. of this section may not be exceeded by overtime within the meaning of point 1.

4. To calculate the compensation for overtime, the gross monthly salary shall be divided by the normal working hours set out in this collective agreement and by 4.33.

5. Instead of payment for overtime, compensation in the form of time off on a 1:1 basis can be agreed.

6. The provisions of this Section shall apply until a further reduction in weekly working hours comes into force.

F. Normal working hours and overtime during extended opening hours

1st General

1.1. The right to time credit or payment within the meaning of this point applies to work performed within the framework of the opening hours regulation pursuant to the ÖZG for advising and supporting customers, in the sale of goods and for activities that are directly related to these or without which these would not be possible, as well as for other work required by the employer in connection with the use of the extended opening hours, if and to the extent that these are performed within the framework of opening hours that exceed the opening times applicable before 1 September 1988.

1.2. For normal working hours (within the applicable weekly normal working hours) and for overtime hours (to the extent of 1.5 hours per week in accordance with point E. of this section) performed on working days from Monday to Friday between 6.30 pm and 9 pm plus work related to the extended opening hours until 9 pm, in particular final papers, and on Saturdays between 1 pm and 6 pm, a time credit will be granted, which must generally be used as free time.

1.3. The possibility of compensation paragraphs 4 and 5 below requires a works agreement or – in companies where no works council has been established – a written individual agreement. The works agreement may also authorize the individual agreement to determine the form of compensation.

1.4 If the time credit is offset in the form of a full day off work in such a way that uninterrupted free time is guaranteed, which includes the weekly rest period or a public holiday rest period, this time credit for work performed from Monday to Friday from 6.30 pm to 8 pm and on Saturdays between 1 pm and 6 pm shall amount to 30% = 18 minutes per normal working hour or overtime hour actually performed.

1.5. If the time credit is offset in the form of a full day off, this time credit for work performed from Monday to Friday between 6:30 pm and 8:00 pm and on Saturday between 1:00 pm and 6:00 pm amounts to 50% = 30 minutes for each normal working hour or overtime hour actually worked. This time credit can also be used in conjunction with agreed time compensation for additional and overtime hours worked.

1.6. If agreed time credits according to 1.4 and 1.5 can no longer be used due to termination of the employment relationship, these must be paid in the amount of the respective time credits. To calculate this, the gross monthly salary must be divided by the normal working hours specified in this collective agreement and by 4.33.

1.7. For any other form of compensation through time credit, the same

1.7.1. from Monday - Friday between 6:30 pm and 8:00 pm 70% = 42 minutes

1.7.2. Monday to Friday from 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 or overtime hours actually worked during these periods.

1.8. If compensation for time credits is agreed in accordance with 1.7. by payment, this will be in the amount of the respective bonuses or time credits. To calculate the remuneration, the gross monthly salary is to be divided by the normal working hours specified in this collective agreement and by 4.33.

1.9. If the employer causes the time credits pursuant to 1.4 and 1.5 to not be compensated, contrary to an agreement, payment pursuant to 1.7 and 1.8 shall be due upon termination of the employment relationship.

1.10. The employment of employees in accordance with 1. is only permissible if and to the extent that the employee's interests worthy of consideration - such as the care of children and parents, unreasonable travel options home, participation in school and further training events - do not conflict with this work performance.

1.11. These commissions do not apply to employees who have agreed to work exclusively on Saturdays. If a fixed-term agreement is concluded with these employees to increase or change the working hours, which allows work to be performed on other days in addition to Saturdays, the surcharge regulations according to F. apply for the specified period, and in any case always for the entire calendar month. The duration of the fixed-term agreement may not exceed two calendar months per year.

2. Special sales events

2.1. The following commissions apply to work services within the meaning of 1., which take place outside of the general opening hours according to the ÖZG 2003 as amended in 2007 and are permitted on the basis of a regulation according to Section 4a Paragraph (1) Items 3 and 4 ÖZG.

2.2. Employers who keep their sales outlet open after 9 pm during such a sales event and wish to require work services as defined in 1. must inform the employee of this no later than two weeks before the event. The employee who has received such notification in a timely manner has the right to refuse to perform the work within one week of receiving this notification. No employee may be disadvantaged for refusing to perform the work.

2.3. For such work after 9 pm, a time credit of 100% is due until the end of the sales event, plus any related work, in particular final papers. Payment in cash can be agreed.

2.4. Claims according to 1. or 2.3. do not apply to employees who are hired exclusively to perform work within the framework of the special sales event.

2.5. After working after 9 pm, the employee must be granted a rest period of at least 11 hours. If the company cannot organize this otherwise, a reduction to up to 8 hours is permissible in accordance with A. 8. of this section, particularly in very small companies.

2.6. Employees who have a long journey home and who do not have an individual means of getting home (car, public transport) should not be employed in accordance with 2.1., or the employer should organize carpooling for them. The employer can agree to reimburse the additional costs.

2.7. It can be agreed by works agreement that the employer will reimburse the employee for the costs of childcare incurred as a result of the employee's work performance in accordance with 2.1.

G. Overtime

1st General

1.1. Any hour of work exceeding the daily working hours specified in accordance with the provisions of A. of this Section, including any additional work pursuant to E. of this Section, shall be deemed to be overtime.

1.2. Overtime is defined as work on public holidays if the normal working hours set for the relevant weekday are exceeded. Work on Sundays is also defined as overtime.

1.3. If normal working hours are distributed differently in accordance with A. of this section, overtime only occurs if the daily working hours agreed on the basis of the different distribution of normal working hours over the individual weeks, including the additional work, in accordance with E . of this section, are exceeded.

1.4 For part-time employees, overtime only occurs when the daily or weekly working hours set for full-time employees are exceeded.

1.5. The employer shall, if possible, order overtime in a timely manner after consulting the works council within the framework of the legally permissible overtime working hours.

1.6 Unless contractually excluded, employees are obliged to work overtime if ordered in good time within the scope of the legally permissible overtime hours, provided that this does not conflict with the employee's interests worthy of consideration.

1.7. Young people who have not yet reached the age of 18 are generally not required to work overtime. If, in exceptional cases, overtime is necessary, the overtime must be paid at the rates applicable to employees in employment group C, level 1. For apprentices who have reached the age of 18, the lowest employee salary agreed in the company (at least employment group C, level 1) is to be used to calculate the basic hourly rate and the allowance.

2. Overtime pay

2.1 Overtime pay consists of the basic hourly rate plus a surcharge.

2.2. The basic hourly rate shall be 1/158 of the gross monthly salary.

2.3.

2.4

2.5. Overtime within the framework of extended opening hours (Provision F.) performed between 6:30 p.m. and 8:00 p.m. from Monday to Friday and between 1:00 p.m. and 6:00 p.m. on Saturdays, plus work related to the extended opening hours, in particular final theses, shall be remunerated at a surcharge of 70%.

2.6. Overtime worked during extended opening hours (Provision F.) from Monday to Friday after 8 p.m. shall be remunerated at a surcharge of 100%.

2.7. Overtime worked after 1 p.m. on the Saturdays before Christmas when shops are open shall be remunerated at a 100% premium.

2.8. Overtime worked on Saturdays after 1 p.m. as part of inventory work until 6 p.m. shall be remunerated at a 70% surcharge. From 6 p.m. to 8 p.m., a 100% surcharge shall be payable.

2.9. Overtime worked between 1:00 p.m. and 3:00 p.m. on December 31st shall be remunerated at a 50% premium, while overtime worked after 3:00 p.m. shall be remunerated at a 100% premium. This provision shall enter into force on December 1st, 2020, as regulated in the scope of application in accordance with Section 1) B.

2.10 Overtime shall be paid no later than the end of the pay period following the time in which it was performed.

3. Lump sum settlement

By agreement between individual employers and employees, a flat rate for overtime may be set, but on average over the period of validity it may not place the employee in a less favourable position than the overtime pay.

4. Compensation in free time

Instead of paying overtime, compensation in the form of free time can be agreed. Overtime with a surcharge of 50% is to be compensated at a ratio of 1:1.5, overtime with a surcharge of 70% is to be compensated at a ratio of 1:1.7 and overtime with a surcharge of 100% is to be compensated at a ratio of 1:2. If compensation is agreed at a ratio of 1:1, the entitlement to the overtime surcharge remains.

H. Inventory work

1. Regarding the remuneration for inventory work (Z 2) on Saturdays after 1 p.m., the provisions of F. 1. (normal working hours and overtime during extended opening hours) apply; a surcharge of 70% is payable for overtime. A surcharge of 100% is payable from 6 p.m. The surcharges or time credits do not apply to employees who are hired exclusively for inventory work.

2. Inventory work is work to create and check

2.1. Inventories at the end of a calendar or financial year,

2.2. Handover or takeover inventories once per calendar or financial year,

2.3. Inventories based on official orders,

2.4. Inventories in direct temporal connection with extraordinary events (such as burglary, natural disasters) on Saturdays until 8 p.m.

3. The employment of employees during the working hours specified in 1. and 2. is only permissible if and to the extent that the employee's interests worthy of consideration - such as the care of children and parents, unreasonable travel options home, participation in school and further training events - do not conflict with this work performance.

I. Rest days

1. General provisions

1.1 All Sundays and public holidays are considered rest days, namely: 1 January, 6 January, Easter Monday, 1 May, Ascension Day, Whit Monday, Corpus Christi, 15 August, 26 October, 1 November, 8 December (with the exception of Section 13a ARG and Section 18a KJBG), 25 and 26 December.

1.2. For members of the Israelite religious community, the Day of Atonement is a day off work. However, leave with continued pay may only be granted if the employee concerned requests it at least one week in advance and there are no operational reasons that prevent the leave.

1.3. The provisions of the ARG apply to work on public holidays and their remuneration.

2. Special provisions for work on December 8th

2.1. According to § 13a ARG and § 18a KJBG, employees and apprentices can be employed on the following activities on 8 December, provided that this does not fall on a Sunday, between 10:00 a.m. and 6:00 p.m.:

2.1.1. Activities to advise and support customers,

2.2.2. Activities in the sale of goods,

2.2.3. Activities which are directly related to these or without which they would not be possible, as well as

2.2.4. other activities required by the employer in connection with the above activities.

2.2. Preparatory and final work is permitted beyond the period specified in 2.1 to the extent absolutely necessary.

2.3. Employers who wish to keep their sales outlet open on December 8th and require work services in accordance with 2.1. must notify the employee of this by November 10th at the latest. The employee who has received such notification in a timely manner has the right to refuse employment on December 8th within one week of receiving this notification. No employee may be discriminated against for refusing to work on December 8th.

2.4. With regard to the remuneration for work performed on 8 December, the relevant provisions of the ARG and this Collective Agreement shall apply.

2.5. For the apprentice's work performance on 8 December, the rate of employment group C level 1 shall be used as the basis for calculating the remuneration in accordance with Section 9 paragraph (5) ARG.

2.6. The employee will receive additional time off for work performed on December 8. The use of the time off must be agreed upon taking into account the operational requirements and the interests of the employee, and must be used with continued payment of wages until March 31 of the following year. An employee who works up to 4 hours will receive 4 hours of time off, an employee who works more than 4 hours will receive 8 hours of time off.

Compensation in cash is not permitted if the employment relationship is still ongoing.

2.7. Points 2.3 and 2.6 do not apply to employment that is permitted under labor law provisions that existed before November 6, 1995.

2.8. In connection with the work performance on 8 December, company agreements can be concluded within the framework of points 2.1 to 2.6.

2.9. Even if it falls on a Saturday, 8 December is not a Saturday on which shops are open according to C. 1.5. of this section (entry into force on 1 January 2008). In this case, these provisions apply to 8 December and not C. 1.5. (entry into force on 1 December 2007).

Section 3) Remuneration

A. New salary system

1. General provisions

1.1 Employees shall be paid a minimum monthly salary taking into account the following provisions.

1.2. Any reform amounts must be included in the assessment basis for the calculation of all salary-related claims (e.g. special payments, bonuses, anniversary bonuses, severance pay, etc.).

1.3. You are to be assigned to the employment group (AH) corresponding to your activity using the following previous service regulations. The descriptions of the employment group are decisive. The reference functions serve as additional orientation.

2. Recognition of previous service

2.1. Previous periods of service from points 2.1.1 to 2.1.7 shall be taken into account for the classification in the salary scale up to a maximum of 7 years.

2.1.1. Previous periods of service completed as an employee, as a self-employed person, as a freelancer or in the public service shall be taken into account upon presentation of appropriate evidence.

2.1.2. Prior periods of service completed within the framework of an employment relationship shall be counted as half upon presentation of appropriate evidence.

2.1.3. Furthermore, periods of military and civilian service are counted as previous service periods.

2.1.4. A successfully completed final apprenticeship examination in the apprenticeships of retail saleswoman, druggist, photo and multimedia saleswoman, book and media business dealer, book and music dealer, weapons and ammunition dealer and office clerk (commercial administrative apprenticeships: all apprenticeships that replace the LAP for the office clerk apprenticeship, as well as replacements pursuant to the decree under Section 34a BAG - see Appendix 12) is counted as one year of previous service. This also applies to double apprenticeships. If such a final apprenticeship examination is taken during the apprenticeship period for the apprenticeship in question, this one year is credited when continued employment begins in accordance with this collective agreement. If such a final apprenticeship examination is taken during continued employment or later, this one year is credited from the first of the month following the final apprenticeship examination.

2.1.5. Successful completion of the commercial academy is considered to take two years.

2.1.6 Parental leave or childcare periods shall be counted as previous periods of service up to a maximum of 24 months.

2.1.7. Previous periods of service abroad shall be taken into account in the calculation of previous periods of service in accordance with this provision if they are proven or made credible.

2.2. Furthermore, employees who, in the sales and distribution world, record the price of goods and the invoice amount using a computer and/or process cash and non-cash payments and/or issue the invoice will have an additional year of previous service credited to them. If the employee does not carry out the activities listed from the start of the employment relationship, but only from a later point in time within the first six months of the employment relationship, the credit must be made from this point in time. The employee's advancement month remains unchanged. If a higher salary results, this is due to the time the activity changes.

4. The salary table

4.1. General provisions
The provisions of the AngG apply to the payment of salary. Each employee must be given a salary statement in written or electronic form, which shows the gross salary and all allowances and deductions.

4.2. The salary table
The gross monthly salaries shown in the salary table are minimum rates.

4.3. Advancement

4.3.1. The salary increase resulting from moving up to the next salary level takes effect on the first day of the month in which the new employment year begins. The increase can be offset against existing overpayments.

4.3.2. Parental leave pursuant to the MSchG or VKG beginning on or after December 1, 2017 will be counted towards advancement until each child's second birthday.

4.3.3. Periods of military service and civilian service beginning on or after December 1, 2017 will be fully credited towards advancement.

4.4. Reordering

4.4.1. If you are reassigned to a higher employment group, you are entitled to the collectively agreed minimum basic salary of the level that exceeds the collectively agreed minimum basic salary of the level that would have been reached by the next promotion if you remained in your previous employment group. If you are not able to reach the next higher level by remaining in your previous employment group, you are entitled to the collectively agreed minimum basic salary of the level in the higher employment group that exceeds the previous collectively agreed minimum basic salary of the level in your previous employment group. The increase can be offset against existing overpayments.

4.4.2. For employees with "Reform Amount 1", when reclassified to a higher employment group, they are entitled to the next higher amount of the new employment group, based on the collectively agreed minimum basic salary previously achieved, plus the "Reform Amount 1". This reduces the "Reform Amount 1" by the difference between the collectively agreed minimum salary of the previous employment group and the collectively agreed minimum salary of the higher employment group. Any remaining "Reform Amount 1" must continue to be shown and is increased annually like the collectively agreed minimum salaries. In the event of a further reclassification, the "Reform Amount 1" can be reduced until it is used up. A Reform Amount 2 can be credited towards increases resulting from reclassification to a higher employment group. The maximum amount that can be offset is the difference between the previously achieved collectively agreed minimum salary plus a "reform amount 1" to the collectively agreed minimum salary of the new employment group.

4.4.3. Temporary work in a higher employment group which does not last longer than five weeks in a year without interruption during holiday and 12 weeks during illness does not give rise to an entitlement to an increase in monthly remuneration. However, if this period is exceeded, the remuneration for this group is due for the entire period of work in the higher employment group.

4.4.4. If you are reclassified to a lower employment group, you will be entitled to the collectively agreed minimum basic salary of the level that is next lower than the previous collectively agreed minimum basic salary. The difference between the old and new collectively agreed minimum basic salary is to be shown in the form of an overpayment. The advancement date remains unchanged. The period of service spent in the higher level is transferred to the lower level.

The provisions of the ArbVG regarding deteriorating transfers and the MschG (right of return) are not affected by this regulation.

4.5. Other provisions

4.5.1. The replacement allowance according to employment groups D and E is valorized every two years by the total percentage of the collective agreement increases for the current year and the previous year. The next increase will take place on January 1, 2023.

4.5.2. Works agreements may contain provisions for the granting of shortfall allowances.

5. Development classification for trainees

5.1 Trainees are employees who are trained as versatile junior employees (managers and/or specialists) as part of an internal company development and training program.

5.2. Typical components of a trainee program include practical placements in various departments/branches of the company, introductory and networking events as well as general seminars on specialist and management topics.

5.3. Trainees can be placed in an employment group lower than the employment group of the target position for the duration of the program, but for a maximum of 18 months. The provisions of point A. 4.4. of this section apply accordingly.

5.4. A deployment and training plan must be given to the trainee at the beginning of the program.

6. Christmas remuneration and holiday allowance

7. Formal requirements for all-in contracts

7.1 The agreement (employment certificate or service contract) must contain:

7.1.1. the amount of the basic salary for normal working hours (see Additional Protocol 8.2.),

7.1.2. the amount of the flat rate and which components of remuneration, in particular whether overtime on Sundays and public holidays, are compensated for by it,

7.1.3. whether any commissions are used to compensate other remuneration components and which ones. The special provisions in point D of this section must be taken into account.

7.1.4. other remuneration components such as earmarked allowances

7.1.5. the total remuneration, excluding employees receiving commissions.

7.2. For employees classified in employment groups A to E and in employment group F in the field of sales and distribution as well as technical services and who are not exempt from the AZG, only the maximum calculated amount per calendar year may be used for the flat- rate compensation for additional and overtime hours.

7.3. The coverage calculation (see Additional Protocol 8.2.)

7.3.1. To check coverage, the remuneration due for the service actually provided (including loss of earnings) in the last calendar year must be determined for those remuneration components that are covered by the flat rate and compared with the flat rate actually paid in the calendar year. If there is a shortfall, the difference must be paid out with the pay slip in the month following the coverage calculation.

7.3.2. The employee must be provided with a coverage calculation once a year, in the first quarter following the end of the calendar year or the end of the financial year.

7.3.3. Deviating from 7.3.2,

(a) in establishments with a works council, the obligation to submit the coverage calculation may be restricted by works agreement to employees whose flat-rate allowance amounts to less than one third of their total remuneration.

(b) in establishments without a works council, the obligation to submit the cover statement may be amended by individual written agreement to a submission at the request of the employee whose flat rate amounts to more than one third of the total remuneration.

7.3.4. To check the coverage for employees with whose commission fixed salary is below the collective agreement minimum salary, the remuneration due for the service actually provided (including compensation for loss of earnings) for the relevant accounting period must be determined in accordance with the special provision in point D of this section for those remuneration components that are covered by the commission and compared with the commission actually paid in the relevant accounting period. If there is a shortfall, the difference must be paid out with the salary statement in the month following the coverage calculation, in deviation from 7.3.2, but no later than the end of the following quarter.

7.3.5. The coverage calculation must contain the components of the agreement separately in their respective amounts, in particular overtime on Sundays and public holidays. In addition, the fictitious remuneration to be taken into account on the basis of the general loss principle (eg in the event of illness or vacation and on public holidays) must be taken into account.

7.3.6. The works council must be informed about the company's handling of the coverage calculation. According to Section 89 Z (1) ArbVG, the works council has the right to inspect, check and control the coverage calculation.

8. Additional Protocols of the Collective Agreement Parties

8.1. Differentiation of employment group C / D: Customer advice and product knowledge in the working world of sales and distribution

8.2. Calculation examples for the flat-rate compensation of remuneration components (all-in contracts)

8.3. Additional protocol to the collective agreement for employees and apprentices in trade on the delimitation of employment groups E/F for the classification of branch managers in the world of work in sales and distribution

8.1. Additional protocol to the collective agreement for employees and apprentices in retail on the demarcation between employment groups C and D for customer advice and product knowledge in the working world of sales and distribution in stationary retail

Employment group C:

Employees in the sales and distribution world who perform one or more of the defined standard activities corresponding to the four fields of activity in employment group C are also to be classified in this group. This applies in particular to determining customer requirements and the associated simple information, which can be provided with completed relevant training, such as an apprenticeship examination in a focus of the retail saleswoman apprenticeship.

Employment group D:

Employees in the sales and distribution sector who, in addition to the standard activities corresponding to the four fields of activity in employment group C, carry out at least one of the above-mentioned qualified additional activities, are to be classified in employment group D. This applies in particular to

1. customer advice using in-depth product knowledge
2. Customer advice using knowledge acquired in company-specific or generally recognized training
   

ad 1) Employees can only apply in-depth knowledge of goods if

• the product range goes beyond the typical basic product range of an industry and thus has an above-average product depth or breadth,
  
• the sale of the product requires intensive advice.
  

ad 2) Employees can apply knowledge that they have demonstrably acquired in company-specific or generally recognized further training (certification). The further training must be completed, recognized on the labor market and consist of theoretical and practical parts. The knowledge acquired can be applied independently of the company. The certification must contain a description of the training content.

The training must include the following content:

• relevant product range and product knowledge that goes beyond general product knowledge and is cross-manufacturer,
  
• application or use of the products,
  
• Social competence such as rhetoric, expression, conflict management, complaint behavior,
  
• Methods for active sales, in particular needs assessment, individual advice and purchase conclusion,
  
• Theoretical knowledge and practical skills,
  

Further training does not include

• Basic training in a company (eg introduction to the product range, communication of company-specific processes, explanation of the merchandise management system, general guidelines, customer relations and sales methods etc.). The basic training described meets the definition of employment group C (service),
• Information about new products.

8.2. Additional protocol to the collective agreement for employees and apprentices in trade with calculation examples for the flat-rate compensation of remuneration components (all-in contracts)

Since the lump-sum payment of remuneration components is widely used, these framework conditions are intended to promote a transparent design and contribute to greater legal certainty for the contracting parties.

These formal requirements apply from the time the company switches to the new salary system. Existing all-in agreements must be adapted to these formal requirements using a changeover service slip.

The basic salary for normal working hours is either the minimum salary specified in the collective agreement or an agreed salary or salary that is customary in the company and is higher than the collective agreement. In order to provide legal certainty for the contracting parties, the collective agreement parties recommend agreeing on an appropriate basic salary for normal working hours. The provisions of Section 2g AVRAG must be taken into account.

Example 1:

Sample text All-In Agreement Service Contract:

"Due to your work, you are classified in employment group F, level 4, 10th year of the collective agreement for employees in retail, which results in a collective agreement minimum salary of € 3,177 gross. However, an all-in salary of € 4,810 gross has been agreed, whereby the basic salary for normal working hours according to Section 2 Paragraph (2) Z 9 in conjunction with Section 2g AVRAG is € 3,500 gross basic salary applies on average to all paid additional and overtime hours of any kind on working days (up to the maximum calculated amount per calendar year), overtime on Sundays and public holidays, as well as all bonuses for work performed during extended opening hours according to to Section 2) F of the collective agreement."

The coverage calculation:

Example 2:

Sample text All-In Agreement Service Contract:

"Due to your work, you are classified in employment group D, level 3, 8th year of the collective agreement for employees in retail, which results in a collective agreement minimum salary of €2,174 gross. However, an all-in salary of € 2,250 gross has been agreed, whereby the basic salary for normal working hours according to Section 2 Paragraph (2) Item 9 in conjunction with Section 2g AVRAG is €2,174 gross The amount above the basic salary applies on average to all paid additional and overtime hours of any kind on working days (up to the maximum calculated amount per calendar year)." 

The coverage calculation:

8.3. Additional protocol to the collective agreement for employees and apprentices in trade on the delimitation of employment groups E/F for the classification of branch managers in the world of work in sales and distribution

Employment group E:

3.5.2. Employees who provide technical guidance to employees in employment groups A to D in their organizational unit and/or perform disciplinary management tasks to a limited extent. They have technical and/or limited disciplinary management responsibility, but do not make personnel decisions. In particular, they are responsible for the technical training of apprentices. …

Employment group F:

3.6.2. Employees who provide technical guidance to employees in employment groups A to E in their organizational unit and carry out disciplinary management tasks. They have technical and disciplinary management responsibility and participate in personnel decisions. They are responsible for compliance with budgetary requirements and take measures independently. ...

The following are general management tasks of a branch manager in the world of sales and distribution.

The following table defines the responsibilities, powers and activities of branch managers in accordance with the employment group scheme.

Branch managers who, in addition to one or more management tasks in employment group E, perform one or more management tasks in employment group F are to be classified in BG F.

Managers in the sales and distribution world (eg area managers, branch managers, house managers) who have management responsibility and corresponding authority for a part of the company or for a geographically defined area are to be classified in employment group G.

Within the scope of these powers, they regularly and permanently provide technical guidance to the employees and managers of their organizational unit and carry out disciplinary management tasks. They plan, organize, coordinate and monitor the fulfillment of tasks between their own departments and departments of other specialist areas. They make independent personnel decisions for the employees in employment groups A to F who report to them.

B. Salary Scale Old

The following salary tables serve as the basis for the transition to the new salary system on the last possible transition date of January 1, 2022. The classification in these tables was based on the provisions of the collective agreement from previous years in the currently valid version .

salary ranges

Salary area A
All locations in the federal states of Burgenland, Carinthia, Lower Austria, Upper Austria, Styria, Tyrol and Vienna.

Salary area B
All locations in the federal states of Salzburg and Vorarlberg.

Overview of salary tables

• General Wholesale and Retail Trade (A)
  
• photo shop (B)
  
• drug trafficking (C)
  
  • drug wholesale trade,
    
  • drug retail trade.
    
• Trade in books, art prints, music, newspapers and magazines; book, art or music publishing (D)
  
• Wholesale of iron and ironware, metals and metalware, pipes, fittings and sanitary installation supplies according to the company list (E)
  
• department stores (F)
  
• Coal wholesaler Vienna, paper wholesaler Vienna according to the company list, textile, clothing and shoe trade Vienna (G)
  
• tobacco shops (H)

Salary scale OLD
Salary table A General wholesale and retail trade from 1.1.2022

Salary area A applies to companies in all federal states except Salzburg and Vorarlberg, while salary area B applies to Salzburg and Vorarlberg.