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

Applies to:

Austria-wide

Collective Agreement
for Trade Workers

January 1, 2022

Table of contents

I. Scope

II. Commencement and duration of validity

III. Equal treatment

IV. General obligations of employees

V. Working hours

1. General provisions

2. Retail

3. Drivers

4. Partial retirement

5th Youth

VI. Overtime

VII. Normal working hours and overtime during extended opening hours

VIII. Overtime

1st overtime

2. Overtime pay

IX. Inventory work

X. Rest days

1. General provisions

2. Special commission for work on December 8th

XI. Holiday

XIa. Recognition of parental leave according to the MSchG and VKG as well as hospice leave according to § 14a and b AVRAG and care leave according to § 14c AVRAG

XIb. Educational leave

XIc. Provisions for the Promotion of Part-Time Education

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

XIII. Anniversary Funds

XIV. Termination

XV. Dispatch

XVI. Expiration of claims

XVII. Wage Order

XVIII. Settlement of Disputes

XIX. Final Provisions

Appendix 1: Wage Schedule

A. General Part

B. allowances

C. Travel expenses reimbursement 

D. Christmas remuneration

E. Holiday allowance

F. Wage tables

G. Previous service

H. Maintaining overpayments 

Wage tables for trade workers 2022

A) General wholesale and retail trade 

B) Companies of the Federal Agricultural Trade Committee that carry out the wine and spirits wholesale trade

Appendix 2: On the wage regulations - General part, point 4

Annex 3: Summary of the main provisions of Regulation (EC) 561/2006

Appendix 4: Explanations of Section V. 3. Driving personnel – point 3.1.3.

Collective Agreement for Trade Workers, January 1, 2022  (PDF)

collective agreement for trade workers

concluded on November 13, 2021 between the Austrian Chamber of Commerce, Trade Division, 1045 Vienna, Wiedner Hauptstraße 63, and the trade union vida, 1020 Vienna, Johann-Böhm-Platz 1.

I. Scope

1. Geographically: For the entire federal territory of Austria.

2. Professional: 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:

a) AGIP Austria Aktiengesellschaft, Favoritenstraße 7, 1040 Vienna,
BP Austria Aktiengesellschaft, Schwarzenbergplatz 13, 1040 Vienna
ESSO Austria Aktiengesellschaft, Argentinierstr. 23, 1040 Vienna,
MOBIL OIL Austria Aktiengesellschaft, Schwarzenbergplatz 16, 1010 Vienna,
SHELL Austria Aktiengesellschaft, Rennweg 12, 1030 Vienna,
TOTAL Austria Ges.mbH, Rotenturmstraße 5-9, 1010 Vienna,

b) VOEST-ALPINE Rohstoffhandels-Ges.mbH Vienna (VAR),

c) OMV-Aktiengesellschaft,

d) 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).

3. Personnel: For all employees in the retail sector who are not subject to compulsory employee insurance, with the exception of employees who are subject to the collective agreement for the "caregivers" of the Donauland company.

II. Commencement and duration of validity

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

This contract is divided into two parts:

1. Part: General provisions, sections I to XVI, XVIII to XX.
   
2. Part: Wage Order, Section XVII.
   

2. The first part of the contract "General Provisions" can be terminated by observing a period of notice of three months at the end of a calendar quarter.

3. The second part of the contract "Salary Schedule" can be terminated at any time from the date of its validity, subject to a two-month notice period. In order to be legally effective, the termination must be communicated to the other contracting party by registered letter.

4. During the notice period, negotiations shall be conducted regarding the renewal or amendment of the collective agreement.

III. Equal treatment

In connection with an employment relationship, no one may be directly or indirectly discriminated against on the basis of their gender or characteristics pursuant to Section 17 of the Equal Treatment Act, in particular:

1. when establishing the employment relationship,
   
2. when determining the remuneration,
   
3. when granting voluntary social benefits that do not constitute remuneration,
   
4. in training and further education measures at company level,
   
5. in career advancement, especially promotions,
   
6. in other working conditions and
   
7. upon termination of the employment relationship.
   

Discrimination is any disadvantageous differentiation that is made without objective justification (Section 2 of the Equal Treatment Act).

IV. General obligations of employees

1. Employees are obliged to properly carry out all work associated with their position in accordance with the statutory provisions and the instructions of their superiors.

2. Employees are not permitted to demand remuneration or commission from customers or other business principals.

3. Unless there is a legal obligation to provide information, you are obliged to keep all business matters confidential from everyone. Failure to comply with the provisions of this paragraph constitutes an important reason for termination of the employment relationship in accordance with Section 82 of the German Trade Code (GewO).

V. Working hours

1. General provisions

1.1. Collective agreement normal working hours

1.2. Distribution of normal working hours
1.2.1. The distribution of the weekly normal working hours over the individual days of the week, the start and end of the daily working hours and the duration and location of the breaks must be agreed in accordance with the statutory provisions and the following collective agreement provisions. 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 of the AZG. This arrangement can be made by works agreement (within the meaning of Section 97 of the ArbVG).

1.2.2 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 exceed 9 hours.

1.2.3 The social partners recommend that, when allocating the daily working time of part-time workers, account should be taken of the relationship between working time and the time required to travel to and from work.

1.2.4 For employees employed in the wholesale trade, normal working hours on Saturdays end at 1 pm

1.4. Four-day week
If weekly working hours are regularly spread over four days or less, the normal daily working hours of full-time employees can be extended to ten hours. For part-time employees (excluding young people), the normal daily working hours can be extended to ten hours if the employee is employed for at least eight hours on each day on which he or she is deployed.

1.5. Training in connection with public holidays
If working hours are cancelled on working days in connection with public holidays in order to allow the employee a longer period of continuous free time, the lost normal working hours can be spread over the working days of a maximum of 13 consecutive weeks, including the days lost.

1.6. Delivery activities on Saturday afternoons
In accordance with Section 12a ARG, employment for the delivery of products that were ordered or purchased by the final consumer in stationary or online stores is permitted until 6:00 p.m. on Saturday afternoons, provided that this is a working day. For the period from 1:00 p.m. to 6:00 p.m., a surcharge of 50% of normal working hours is payable.

1.7. Averageable working hours
1.7.1. The normal weekly working hours can 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 average period.

1.7.2 By works agreement – ​​in establishments where no works council has been established, by individual employment contract – the averaging period may be extended to up to 52 weeks.

1.7.3. 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.

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

1.7.5 The time off required to achieve this average working time in the averaging period shall be granted in half days, taking into account the respective operational requirements and the interests of the employees.

1.7.6. (applies to flexible working hours) In derogation from Section 19e Paragraph 2 of the Working Hours Act, it can be agreed by written works agreement, or in companies without a works council by written individual agreement, that the normal hourly wage is due for time credits at the end of the employment relationship 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.

1.8. Working hours on 24 and 31 December
1.8.1. In the wholesale trade, working hours on these two days end at 1 p.m., and if these days fall on a Saturday, at 12 noon.

1.8.2 In the retail sector, working hours end on 24 and 31 December with the end of opening hours set by the Opening Hours Act or an ordinance of the State Governor.

a) However, employment and therefore normal working hours will end on December 24th at 1:00 p.m. The exceptions in place as of January 1st, 2019 under the Working Rest Ordinance will all remain in place.

b) Normal working hours end on December 31st at 5:00 p.m. if no closing times or later closing times are set by the state governor. For normal working hours on December 31st between 1:00 p.m. and 3:00 p.m. a surcharge of 50 percent is due, after 3:00 p.m. a surcharge of 100 percent is due.

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

1.8.3. For workers in companies of the Federal Agricultural Trade Committee that trade in wine and spirits, the 24th and 31st of December are days off with remuneration for normal working hours. Work performed on the 24th and 31st of December is to be remunerated as overtime.

1.9. Subsection 1.7 does not apply to persons in subsections 3 and 4

2. Retail

2.1. Sales outlets that are open after 13:00 on more than one Saturday per month
2.1.1. Employees in sales outlets may be employed on Saturdays after 13:00, provided that the applicable opening hours regulations permit the outlets 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

a) sales activities that are permitted under Sections 17 and 18 ARG or a regulation pursuant to Section 12 ARG,

(b) sales activities on the last four Saturdays before 24 December,

c) the completion of customer service in accordance with Section 10 of the Opening Hours Act 2003,

d) Final theses according to Section 3 Paragraph 2 ARG.

2.1.2 In the following additional cases, employees who have been employed on a Saturday after 13:00 may be employed on the following Saturday:

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

b) employees in sales outlets which – with the exception of the four Saturdays before 24 December – are only open after 1 p.m. on one Saturday a month, in accordance with point 2.2.,

c) Sales activities which are permitted during the weekend rest period as of 31 December 1996 on the basis of a regulation pursuant to Section 12 and/or Section 13 ARG.

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

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

Average calculation provision for retail companies with a small number of employees
2.1.4. In retail companies with no more than 25 permanent employees, the following can 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 he/she remains 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.

2.1.5. In the week in which Saturday is a non-working day, the normal weekly working hours are to be distributed over the working days Monday to Friday. In the week in which Monday is a non-working day in accordance with an agreement under point 2.1.4., the normal weekly working hours are to be distributed over the working days Tuesday to Saturday.

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

2.2. Sales outlets which are open after 1 p.m. on no more than one Saturday per month, with the
exception of the four Saturdays before 24 December. In sales outlets which are open after 1 p.m. on no more than one Saturday per month, with the exception of the four Saturdays before 24 December, the employment of an employee on Saturdays after 1 p.m. is permitted, even if the following Saturday is not a day off.

3. Drivers

Unless otherwise stipulated in the collective agreement, driving times, driving breaks, working times, daily rest periods and weekly rest periods are governed by Regulation (EC) 561/2006 (see Annex 3), the legal provisions governing the work of drivers in international road transport (AETR) in the currently applicable version, as well as the Working Hours Act and the Working Rest Act.

Definition: when a provision refers to Regulation (EC) 561/2006, this refers to trucks used to transport goods and whose permissible total weight, including the trailer or semi-trailer, exceeds 3.5 t. These vehicles are referred to below as "Regulation vehicles". The most important provisions of Regulation (EC) 561/2006 are summarised in Annex 3 to this collective agreement.

3.1. Working hours (for VO vehicles within the meaning of Section 13 Paragraph 1 Z2a AZG and other vehicles within the meaning of Section 13 Paragraph 1 Z3 AZG)

3.1.1. Working time for drivers includes driving time, time for other work and time on standby, excluding rest breaks. If the daily rest period is split, a new daily working time begins after the entire rest period has elapsed.

3.1.2. The regular weekly normal working hours of the driving personnel are 38 1/2 hours. Unless otherwise specified in the following points, the regulations in Section V. Working hours / 1. General provisions / 1.1. to 1.5. and 1.7. apply.

3.1.3 The maximum weekly working time may not exceed 60 hours in any individual week or 48 hours on average over a period of up to 17 weeks (see Annex 4).

3.2. Driving time (for VO vehicles within the meaning of Section 13 Paragraph 1 Z2a AZG and other vehicles within the meaning of Section 13 Paragraph 1 Z3 AZG)

3.2.1 Daily driving time:
The total daily driving time between two rest periods (daily rest periods or a daily and a weekly rest period) must not exceed 9 hours, and 10 hours twice a week.

3.2.2. Weekly driving time:
The total driving time must not exceed 56 hours in one week or 90 hours in any period of two consecutive weeks.

3.3. The link break

3.3.1. VO vehicles in accordance with Section 13 Paragraph 1 Z2a AZG
After an uninterrupted driving time of 4 1/2 hours, a driving break of at least 45 minutes must be taken. The driving break can be replaced by two driving breaks, whereby the first break must be at least 15 minutes and the second break at least 30 minutes. The driving breaks must be held in such a way that the driving time of 4 1/2 hours has not yet been exceeded at the start of the last part of the driving break.

3.3.2. Time that the driver spends in the moving vehicle without driving it can be counted as a driving break. No other work may be carried out.

3.3.3. Driving breaks may not be counted towards the daily rest period.

3.3.4. Other vehicles within the meaning of Section 13 Paragraph 1 Z3 AZG
After a driving time of no more than 4 hours, a driving break of at least 30 minutes must be taken. Times that the driver spends in the moving vehicle without driving it can be counted towards driving breaks. No other work may be carried out. Driving breaks may not be counted towards the daily rest period.

3.4. Daily rest period

3.4.1. VO vehicles within the meaning of Section 13 Paragraph 1 Z2a AZG
Regular daily rest period:
Within a period of 24 hours after the end of the previous daily or weekly rest period, the driver must be granted an uninterrupted daily rest period of at least 11 hours.

3.4.2. Reduced daily rest period:
The daily rest period may be reduced to at least 9 consecutive hours three times a week. If the daily rest period is reduced, the driver must be granted an additional rest period equal to the reduction until the end of the following week.

This compensatory rest period must be granted together with another rest period of at least nine hours, at the request of the driver, at the location of the vehicle or at the driver's place of residence.

3.4.3 The daily rest period may be taken in two parts, the first part being at least 3 hours and the second part being at least 9 hours.

3.4.4. 2-driver crew:
If the vehicle is manned by 2 drivers, each driver must be granted a new uninterrupted daily rest period of at least 9 hours after the end of a daily or weekly rest period within a period of 30 hours.

3.4.5. Other vehicles within the meaning of Section 13 Paragraph 1 Item 3 of the AZG:
The driver must be granted an uninterrupted daily rest period of at least 11 hours within a period of 24 hours.

3.4.6. Reduced daily rest period:
The daily rest period may be reduced to at least 9 consecutive hours three times a week. If the daily rest period is reduced, the driver must be granted an additional rest period corresponding to the reduction within the next ten calendar days.

3.5. Weekly rest period

3.5.1. VO vehicles in the sense of §13 paragraph 1 Z2a AZG
The driver is entitled to an uninterrupted weekly rest period of at least 45 hours each week. This weekly rest period can be shortened to 24 consecutive hours.

Any reduction must be compensated for by a continuous rest period to be taken before the end of the third week following the week in question. This compensatory rest period must be granted together with another rest period of at least nine hours, at the request of the driver, at the location of the vehicle or at the driver's place of residence.

3.5.2. A weekly rest period which begins in one week and extends into the following week may also be included in the second week.

3.5.3. Other vehicles within the meaning of Section 13 Paragraph 1 Z3 AZG
The weekly rest period according to Sections 2 and 3 ARG applies. The driver is entitled to an uninterrupted weekly rest period of at least 36 hours each week, which includes Sunday.

3.6. Deployment time

3.6.1 The working time of drivers includes the working time between two rest periods and the breaks in working time.

3.6.2. The entire working time, with the exception of rest breaks in accordance with Section 13 c AZG, is paid as working time.

3.6.3 Unless otherwise specified below, the deployment time shall not, in principle, exceed 12 hours.

3.6.4. According to Section 16 Paragraph 3 of the AZG, the operating time may be extended beyond 12 hours to such an extent that the daily rest period prescribed within a period of 24 hours, or within a period of 30 hours in the case of a two-driver crew, is observed.

3.6.5. If the daily rest period is divided in accordance with Section 16 Paragraph 1 of the AZG, the working time may be interrupted by a rest period. If the daily rest period is divided, a new working time begins after the end of the at least nine-hour (9-hour) part of the rest period. The daily rest period can be spent in the vehicle, provided it is equipped with a sleeping cabin and is not moving.

3.6.6. Other vehicles within the meaning of Section 13 Paragraph 1 Z3 AZG
The operating time is a maximum of 12 hours.

3.7. Stopping place

If it is compatible with road safety, the driver may deviate from the rules on driving time, driving breaks, daily rest periods and weekly rest periods in order to reach a suitable stopping place, insofar as this is necessary to ensure the safety of persons, the vehicle or its load.

The driver must make a handwritten note of the type and reason for the deviation no later than when reaching the stopping place:

• on the record sheet (for vehicles with analogue control equipment), or
  
• on a printout from the tachograph (for vehicles with a digital tachograph).
  

3.8. Digital control device

a) The driver undertakes to comply with the provisions of EU Regulation 165/2014 on recording equipment in road traffic and EU Regulation 561/2006.

b) The driver must ensure that he/she holds a driver card if the vehicle he/she drives is subject to EU Regulation 561/2006.

c) In the event of damage, malfunction, loss or theft of the driver card, the driver must print out the details of the vehicle he is using before starting the journey and make the following note on the printout with his signature:

• Name of the driver,
  
• Driver card number or driving license number,
  
• Information on specific time groups (all activities other than driving activities, as well as any work for the same or another employer, standby times, breaks in work and daily rest periods).
  

At the end of the journey, the driver must print out the times recorded by the recording device, note any other work, standby times or rest breaks not recorded since the start of the journey and enter the following on this document, signed by him/her:

• Name of the driver and driver’s license number or,
  
• Name of the driver and driver card number.
  

The driver must report the loss of the driver card to the competent authority in his/her country of residence and submit an application for a replacement driver card within 7 calendar days. A journey that has already begun may only be continued without a driver card for a maximum of 15 calendar days. The period of 15 calendar days may only be extended if the driver can prove that it was impossible for him/her to present or use the driver card for the longer period.

d) In the event of a malfunction or breakdown of the control device, the driver must manually note the information on the time groups that is no longer correctly recorded or printed on a separate sheet to the driver card. This note must be signed by the driver and must contain the following additional information:

• Name of the driver and driver’s license number or,
  
• Name of the driver and driver card number.
  

e) If it was not possible for the driver to operate the digital tachograph (e.g. because he/she was outside the vehicle), all driving times, standby times, work breaks and daily rest periods must be entered on the driver card using the manual input device on the tachograph when the vehicle is put back into operation.

f) When driving a vehicle with a digital tachograph, the driver must carry the following documents and present them during an inspection:

For the period of the current day and the preceding 28 calendar days,

• all printouts from the control device and all handwritten records required by EU Regulation 165/2014 and EU Regulation 561/2006 (e.g. in the event of a device malfunction, the driver is not in the vehicle, finding a stopping place),
  
• all record sheets from the analogue control device (in mixed operation when driving with both analogue and digital control devices),
  
• the driver card.
  

If necessary, the driver must carry a confirmation of the days on which he or she was not driving (EU form). The driver must immediately hand over all other record sheets to the employer.

3.9. Analogue control device

a) The driver undertakes to comply with the provisions of EU Regulation 165/2014 on recording equipment in road traffic and EU Regulation 561/2006.

b) The driver shall ensure that the record sheets provided by the employer are protected in an appropriate manner. The driver may not use dirty or damaged record sheets. If a record sheet containing records is damaged, the driver must attach the damaged record sheet to the spare sheet used as a replacement.

c) The driver must enter the following information on the record sheet:

1. When starting to use the sheet, his/her first and last name,
   
2. At the beginning and end of the use of the sheet, the time and place,
   
3. The license plate of the vehicle,
   
4. The reading of the odometer.
   

d) If a record sheet is handed over to the inspecting body during an inspection, the driver shall request confirmation in accordance with Section 102 Paragraph 1 a of the Motor Vehicles Act.

(e) The driver shall operate the control device of the recording device in such a way that driving times, other working times, standby times, breaks in work and daily rest periods are recorded separately and in a distinguishable manner.

(f) During a breakdown or malfunction of the control device, the driver must record on the record sheet or on a separate sheet attached to the record sheet the information on the time groups if they are no longer recorded correctly by the device.

(g) In the case of two drivers, the drivers shall make any necessary changes to the record sheets so that the distance, speed and driving time are recorded on the record sheet of the driver who is actually driving.

h) When driving a vehicle with an analogue control device, the driver must carry the following documents and present them during a check:

• all display sheets,
  
• all handwritten records (e.g. if the device malfunctions, the driver is not in the vehicle, finding a stopping place),
  
• all printouts from the digital tachograph (in mixed operation when driving with both analogue and digital tachographs) required by EU Regulation 3821/85 and EU Regulation 561/2006 for the current day and the previous 28 calendar days,
  
• the driver card.
  

If necessary, the driver must carry a confirmation of the days on which he or she was not driving (e.g. EU form). All other record sheets must be handed over to the employer immediately.

3.10. Further training according to Section 19b of the Goods Transport Act

3.10.1. The employer shall bear the course costs incurred by the employee for completed further training measures in accordance with Section 19b of the Goods Transport Act (GütbefG).

3.10.2. In accordance with paragraph 1, the employee is entitled to compensation for the period of course attendance or attendance at the respective training unit in the amount of the basic wage agreed in the employment contract (normal hourly wage) without allowances and surcharges, as well as reimbursement of expenses (daily and overnight allowances). No compensation is due for the time spent travelling to and from courses/training units in accordance with Section 19 of the German Allowances Act. The time spent attending the course or attendance at the respective training unit is not working time.

3.10.3. The costs of further training measures regulated in 3.10.1. represent training costs within the meaning of Section 2d AVRAG. Employers and employees can agree on a reimbursement of these training costs under the conditions of Section 2d AVRAG within four years of acquiring the knowledge and skills of the further training.

4. Partial retirement

4.1. If the employee wishes to use the continuous option of partial retirement until their retirement date and also terminate their employment relationship when they reach their retirement date, they must inform their employer in writing. This information must include the desired reduction in normal weekly working hours and the duration of the subsidized partial retirement.

Furthermore, the following requirements must apply to the employee:

a) At least one year of service at the time of informing the employer

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

c) The legal requirements for taking advantage of the legally regulated and subsidised partial retirement scheme must be met

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

4.2. 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 agreement.

The employer can terminate the agreement on subsidised part-time retirement

a) postpone to a later date or

b) hold discussions on a revised extent of the reduction in normal working hours or

c) change to the blocked variant or

d) reject,

if

a) compliance with operational procedures is at risk or

b) the continuation of business operations can no longer be guaranteed.

4.3 If the application is to be changed, postponed or rejected in accordance with point 1, the works council must be informed in companies with a works council and a mediation meeting must be held.

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

5. Youth

5.1. For young people under the age of 18, Sunday is to be kept a day off work without exception. In addition, one whole calendar day in this week, which does not have to be connected to Sunday, must remain a day off work. In any case, the period from Saturday 6 p.m. to Monday 7 a.m. must remain a day off work.

5.2. By way of derogation, in the case of a young person employed in a sales outlet within the meaning of the Opening Hours Act with a total weekly opening time not exceeding 55 hours, the weekly free time may 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.

5.3. For young people in sales outlets in accordance with the Opening Hours Act which are closed for a whole or half working day in a calendar week, the employer can set the day of rest that does not fall on a Sunday as the closing day.

5.4. For young people up to the age of 18, the provisions of the KJBG and points 1.1 to 1.7 apply.

VI. Overtime

1. Work that reduces the weekly working hours (previously 40 hours of normal working hours) by 1 1/2 hours per week is overtime. This additional work (from 38 1/2 hours up to and including 40 hours) is not subject to a surcharge and is not counted towards the permitted amount of overtime.

This principle also applies in the case of a different distribution of normal working hours in accordance with Section V, points 1.2, 1.4, 1.6 and 5.1, with the proviso that 1.5 hours per week in excess of the respective weekly working hours resulting from the different distribution of normal working hours shall be deemed to be overtime.

The weekly working time may not exceed 44 hours due to overtime - except when working on public holidays in accordance with Section 4 Paragraph 3 of the AZG. With regard to the ordering of this additional work, the provisions on the ordering of overtime apply accordingly.

2. Work performed by drivers for three hours within two working weeks is overtime, which is not subject to additional pay and is not counted towards the permitted amount of overtime.

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

4. The daily working time of 9 hours and the working times according to Section V, points 1.7.2., 1.7.1. and Section VIII, points 1.3., 1.4. may not be exceeded by overtime within the meaning of point 1.

5. To calculate the compensation for overtime, the gross monthly salary must be divided by 167.

6. Instead of paying for overtime, compensation for the same can be agreed upon by means of time off on a 1:1 basis.

7. A works agreement may lay down general conditions for increasing the agreed weekly normal working hours for part-time employees who regularly work additional hours and/or overtime over an observation period defined in the works agreement.

VII. Normal working hours and overtime during extended opening hours

1. The entitlement to time credit or payment within the meaning of this section applies to work performed within the framework of the opening hours regulation in accordance with the Opening Hours Act for sales preparation and for activities that are directly related to sales preparation or without which these would not be feasible, 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 possibilities for keeping the store open that applied before 1 September 1988.

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 Section VI of this collective agreement) performed on working days from Monday to Friday between 6:30 p.m. and 9 p.m. plus work related to the extended opening hours until 9 p.m., in particular final papers, and on Saturdays between 1 p.m. and 6 p.m., a time credit will be granted, which must generally be used as free time.

3. The possibility of compensation under points 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.

4. If the time credit is offset in the form of a full day off from 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 p.m. to 8 p.m. and on Saturdays between 1 p.m. and 6 p.m. shall amount to 30% (= 18 minutes) for each normal working hour or overtime hour actually performed.

5. If the time credit is compensated for in the form of a full day off, this time credit for work performed from Monday to Friday between 6:30 p.m. and 8:00 p.m. and on Saturday between 1:00 p.m. and 6:00 p.m. amounts to 50% (= 30 minutes) of 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.

6. If agreed time credits according to points 4 and 5 can no longer be used due to termination of the employment relationship, they must be paid in the amount of the respective time credits. To calculate this, the gross monthly salary must be divided by 167.

7. For any other form of compensation through time credit, the amount shall be:

a) from Monday to Friday between 6:30 p.m. and 8:00 p.m. 70% (= 42 min.),

b) from Monday to Friday from 8 p.m. 100% (= 60 min.),

c) on Saturday between 1 p.m. and 6 p.m., 50% (= 30 minutes)
of the normal working hours or overtime hours actually worked during these periods.

8. If compensation for the time credits is agreed in accordance with point 7 by payment, this will be in the amount of the respective bonuses or time credits. To calculate this, the gross monthly salary is to be divided by 167.

9. If the employer causes the time credits in accordance with points 4 and 5 not to be compensated, contrary to an agreement, payment in accordance with points 7 and 8 is due upon termination of the employment relationship.

10. The employment of employees within the meaning of point 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.

11. Points 1 to 9 do not apply to employees who have agreed to work exclusively on Saturdays. If an agreement is made with these employees to vary the extent and timing of working hours, which allows work to be carried out on other days in addition to Saturdays, the surcharge regulations in accordance with this paragraph only apply for the specified period, and in any case always for the entire calendar month. It is also stipulated that hours worked from Monday to Friday are to be counted as overtime hours. This option is available for a maximum of 6 months in a calendar year.

VIII. Overtime

1. Overtime

1.1 Overtime is defined as any hour of work that exceeds the daily working hours specified in Section V, including any additional work specified in Section VI.

1.2. Overtime shall be ordered, if possible, after consultation with the works council within the framework of the legally permissible exceedance of working hours.

1.3 For employees employed in the retail trade, working hours on Saturdays end at the closing time set by law or regulation. On the four Saturdays before 24 December when shops are open, normal working hours for employees in the retail trade who were employed after 1 p.m. on the other Saturdays more than once a month end at 1 p.m. at the latest.

1.4 For part-time employees, overtime only occurs when the daily working hours or the weekly working hours of 40 hours set for full-time employees are exceeded.

2. Overtime pay

2.3. Overtime during extended opening hours (Section VII) performed between 6:30 p.m. and 8:00 p.m. Monday to Friday and between 1:00 p.m. and 6:00 p.m. on Saturdays, plus work associated with the extended opening hours, in particular final papers, shall be remunerated at a 70% premium. Overtime during extended opening hours performed from 8:00 p.m. Monday to Friday shall be remunerated at a 100% premium.

2.4 Overtime worked between 1:00 p.m. and 3:00 p.m. on 31 December shall be remunerated at a 50% premium, while overtime worked after 3:00 p.m. shall be remunerated at a 100% premium.

2.5. Overtime performed on Saturdays after 1:00 p.m. as part of inventory work shall be remunerated at a 100% premium.

2.6 Overtime shall be paid at the latest at the end of the pay period following the time in which it was performed.

2.7. Lump sum compensation: A lump sum overtime compensation can be set by agreement between individual employers and employees, but on average over the period of validity it must not place the employee in a less favourable position than the overtime pay.

2.8. Compensation in free time: Instead of paying overtime, compensation in 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.

IX. Inventory work

1. Inventory work is work to create and check:

a) inventories at the end of a calendar (financial) year,

b) Handover or takeover inventories once per calendar (financial) year,

c) inventories based on official orders,

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

2. If employees are called upon to carry out inventory work on Saturdays after 1 p.m., they shall be entitled to a surcharge of 100% (1/167 of the gross monthly salary) for normal and overtime hours. This does not apply to employees who are called upon exclusively for inventory work.

3. The employment of employees during working hours as defined in points 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.

4. Taking into account the respective operational requirements, employees should not be called upon to carry out inventory work as defined in point 1 if they have already carried out work on a Saturday when shops are open after 1 p.m. in a calendar month - excluding the Saturdays before Christmas when shops are open. This does not apply if the inventory is required in direct temporal connection with extraordinary events (such as burglary, natural disasters).

X. Rest days

1. General provisions

1.1. All Sundays and public holidays are considered rest days, which are currently: January 1st, January 6th, Easter Monday, May 1st, Ascension Day, Whit Monday, Corpus Christi, August 15th, October 26th, November 1st, December 8th (with the exception of Section 13a ARG and Section 18a KJBG), December 25th and 26th. For members of the Protestant churches AB and HB, the Old Catholic Church and the Methodist Church, Good Friday is a public holiday.

1.2. The provisions of the Working Rest Act, Federal Law Gazette No. 144/83, apply to work on public holidays and the remuneration thereof.

1.3. The employees referred to in Section V, Item 4.3 (petrol station staff) may, if there is a business need, be called upon to work on Sundays and public holidays.

2. Special provisions for work on December 8th

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

a) activities for the preparation of sales,

b) activities which are directly related to the preparation and sale of goods or without which these would not be possible, and

c) 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 point 2.1 to the extent absolutely necessary.

2.3. Employers who wish to keep their sales outlet open on December 8th and to use work services as defined in point 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 Working Rest Act and this Collective Agreement shall apply.

2.5. The employee will receive additional time off for work performed on December 8th. 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 31st 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.

2.6. Point 2 does not apply to employment that is permitted under labor law provisions that existed before November 6, 1995.

2.7. In connection with the work performance on 8 December, company agreements can be concluded within the framework of point 2.

XIb. Educational leave

1. The employer must approve an employee’s application for educational leave if

a) There is an entitlement to further training allowance.

b) the application is submitted at least 6 months before the desired start date.

c) the employee has been with the company for at least one year prior to the announcement.

d) the documents required to submit the application are available.

2. The employer may refuse this application if

a) compliance with operational procedures is at risk or

b) the continuation of business operations can no longer be guaranteed.

3. An employer may not terminate an employment contract because of an intended or actually taken educational leave. This corresponds to the general protection against dismissal for motives.

XIc. Provisions for the Promotion of Part-Time Education

1. When distributing weekly working hours in accordance with V 1.2., participation in training and further education is to be considered an interest of the employee worthy of consideration, even if this is financed by the employee themselves, provided that the employee announces this interest in writing at least 2 months before the start of the training measure, stating the course title, course duration and course times, and the timing of the training measure is at the start or end of normal working hours. Enabling participation also includes the time that the employee needs to get from work to the training measure or from the training measure to work.

2. If notified in good time, the employer may refuse to take the training measure into account in the scheduling of working hours within two weeks for the following reasons:

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

3. The employer's consent applies to the entire duration of the training measure, ie the opportunity to participate must be guaranteed for the entire duration of the training measure. In special and unforeseeable exceptional cases, participation may be waived if a minimum level of participation in the training measure or the success of the training measure is not jeopardized.

4. The length of time spent on the training measure must not conflict with the performance of normal weekly working hours.

5. The employee must submit a confirmation of participation at the end of the training measure or at the end of the semester.

6. A refusal by an employee to perform work due to participation in a training measure must not lead to discrimination against the employee.

7. The entire scheme can be used with a minimum period of employment of 6 months from the start of a training measure.

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

2. If the following family matters occur and are subsequently proven, the employee is entitled to time off with continued payment of wages to the following extent:

b) when attending the marriage of children or siblings (1 working day),

c) in the event of the death of the spouse or life partner and in the event of the death of the registered partner in accordance with the "Registered Partnership Act" in its currently valid version (2 working days),

f) attending the funeral of parents, parents-in-law, children or wards, siblings or grandparents (1 working day),

g) in the case of the birth of the spouse or life partner and in the case of the birth of the registered partner in accordance with the "Registered Partnership Act" in its currently valid version (1 working day),

h) in case of a change of residence, if one has one's own household, the necessary time, but not more than 2 working days within half a year,

3. Section 1154b paragraph 5 of the Austrian Civil Code (ABGB) shall apply to other reasons for absence from work.

XIII. Anniversary Funds

1. For long-term service, the employee shall be granted a one-off recognition payment of
at least 1.0 monthly wages after employment in the same company for 20 years,
at least 1.5 monthly wages for 25 years,
at least 2.5 monthly wages for 35 years, and
at least 3.5 monthly wages for 40 years.

2. The service anniversary is generally paid in cash. At the request of the employee and provided that this is possible within the company, the conversion of the anniversary bonus into time credits can be agreed upon by both parties as an alternative to the cash payment.

1. For full-time employees, a monthly salary corresponds to 22 working days. If full-time employees regularly work fewer than five days in a calendar week due to an agreement, the number of days off must be adjusted accordingly (regular working days * 4.33 calendar weeks). The entitlement for part-time employees is calculated pro rata (average working days in the last 12 months before the service anniversary. The result is rounded commercially).
   
   
2. The conversion of these monetary claims into time credits must be agreed in writing in advance between the employee and the employer. The conversion of monetary claims into time credits can also only be partially carried out (eg after 25 years, one month's salary into time and half a month's salary into money).
   
3. The use of time credits can be agreed in one or more installments from the due date. It is also permissible to agree to use them early.
   
4. Any unused time credits must be paid out at the end of the employment relationship on the basis of the monthly salary applicable at the time of termination of the employment relationship.
   
5. While the time credit is being used, continued payment of wages is based on the contractually agreed gross monthly salary. Variable wage components are not taken into account. Sick leave interrupts the use of the time credit.
   

3. The employee will be released from duty in connection with his/her anniversary with continued payment of his/her salary as follows:

10 years one working day
15 years one working day
20 years two working days
25 years two working days
35 years two working days
40 years two working days

a. This entitlement applies to service anniversaries occurring from January 1, 2020.

4. If there are company regulations regarding the granting of a 10-year or 15-year service anniversary, these shall apply instead of the above regulation, provided that they are at least equally favorable overall.

XIV. Termination

1st

2. In the case of terminations by the employer, it is agreed that the permanent employment relationship can be terminated by the employer subject to prior observation of the statutory notice period on the fifteenth or last day of each calendar month.

3. The employee may terminate his/her employment relationship on the fifteenth or last day of any calendar month subject to one month's notice.

4. After termination of the employment relationship, the employee is entitled to receive a certificate stating the duration and nature of the employment.

XV. Dispatch

1. For employment relationships established on or after January 1, 2003, or for employment relationships established before that for which a transfer (partial or full transfer) was agreed, the Company Employee Pension Act applies. For other employment relationships, the Workers' Severance Pay Act applies.

2. The agreement which brings about the transfer pursuant to Section 47 BMSVG for the employment relationship existing on 31 December 2002 can be revoked by the employee provided that the employer receives written notification of the employee's revocation within 3 weeks of the conclusion of the transfer agreement .

The transfer agreement must contain the three-week cancellation period. For transfer agreements that do not contain the three-week cancellation period, this is extended to 6 months from the signing of the contract.

The collective agreement parties recommend the use of the model transfer agreement set out in the annex to the collective agreement.

XVI. Expiration of claims

1. Claims of the employer and the employee arising from the employment relationship must be asserted in writing within 6 months of the due date, otherwise they will expire. Wage claims due to discrepancies regarding classification will expire after one year if they are not asserted in writing.

2. The due date for any claims for damages made by the employer shall be the day on which the employer became aware of the damage suffered.

3. The due date for employees' claims shall be the payment date of the wage period in which the claim arose.

4. If the claim is asserted in a timely manner, the statutory three-year limitation period shall be observed.

XVII. Wage Order

The wage structure is contained in Appendix 1 of the collective agreement, which forms an integral part of this collective agreement.

XVIII. Settlement of Disputes

1. Disputes of a fundamental nature regarding the interpretation of this contract must first be submitted to a joint arbitration tribunal, which in each individual case consists of three representatives of the employers and employees, appointed by the management of the two contracting parties. The chairperson is always chosen at random from the ranks of these arbitrators and has only one vote. The arbitration tribunal shall establish rules of procedure for its negotiations. Decisions are made by majority vote. If no agreement can be reached, the Federal Conciliation Office must be contacted. Services and remuneration must be provided until the Federal Conciliation Office makes a decision.

2. Disputes and differences of opinion relating to employment on 8 December shall be settled by an arbitration board to be established in each federal state, consisting of two representatives of the employer and two representatives of the employee.

XIX. Final Provisions

1. To calculate the standard hour, the gross monthly wage must be divided by 167.

2. Existing higher wages or other more favourable company agreements shall not be affected by the entry into force of this collective agreement, unless the provisions of this agreement regarding working hours and overtime conflict with them.

3. To the extent that claims in individual sections of this collective agreement are based on weekly wages, if monthly remuneration has been agreed, the monthly wage shall be divided by 4.33.

4. With the entry into force of this collective agreement, the collective agreement for commercial workers concluded on December 19, 2018 shall no longer be valid.

5. When the five collective agreements applicable to trade workers were combined on 1 July 2005, no changes to the content were intended. Should any undesirable changes come to light, these will be resolved by mutual agreement between the parties to the collective agreement.

6. The collective bargaining parties agree to a joint evaluation of the regulations on partial retirement and educational leave in 2020. The practical feasibility and impact on operational processes will be examined. The necessary changes will be developed on this basis to optimize the regulations.

AUSTRIAN CHAMBER OF COMMERCE

TRADE DIVISION OF THE AUSTRIAN CHAMBER OF COMMERCE

AUSTRIAN TRADE
UNION FEDERATION VIDA TRADE UNION

Appendix 1

wage scale

A. General Part

1.  The hourly and monthly wages shown in the wage tables are minimum rates. Each employee must be given a written wage slip. 

2. Work clothes: All employees receive work clothes (work suit or work coat) every year, which remain the property of the company, but whose cleaning and maintenance are the responsibility of the employee. The provisions of the General Worker Protection Ordinance in the currently valid version apply to the provision of protective clothing.

3. Piecework: Unless there are collective agreements or statutes, the introduction and regulation of piecework requires the approval of the works council in accordance with Section 96 Paragraph 1 of the ArbVG . 

B. allowances

1. Regulations for employment relationships that began before December 31, 2017 and for which a hardship allowance is due.

a) In the wholesale trade of iron and iron goods, metals and metal goods, pipes and fittings, all workers who are employed in companies that employ more than 20 employees, exclusively apprentices, receive a hardship allowance of 10% (in Salzburg 15% ) on the collectively agreed minimum wage. This does not apply to drivers who do not help with loading and unloading the vehicle, as well as security guards and employees who are employed in cleaning work.

b) In the scrap metal and scrap metal trade, all workers shall receive a hardship allowance of 10% on the collectively agreed minimum wage, with the exception of drivers who do not assist in loading and unloading the vehicle, as well as guards and employees who are engaged in cleaning work.

2. Regulations for employment relationships established on or after 1 January 2018 for which an entitlement to a hardship allowance is due.

For those trading in iron, iron goods, metals, metal goods, pipes, fittings, scrap metal and scrap metal, a hardship allowance of 10% of the collectively agreed minimum wage is payable. This does not apply to drivers who do not assist in loading and unloading the vehicle.

3. Working in cold weather (cold weather allowance) is also considered a hardship; This provision applies to all employment relationships, as does paragraph b.

a) In the food retail sector, a hardship allowance of €0.78 per hour (cold weather allowance) is payable for work in storage rooms where the temperature is permanently at 8°C or below. If this cold weather allowance is paid out in the form of a monthly flat rate, this flat rate is tied to the hourly rate with a maximum amount of €130 per month.
Voluntary payments existing as of 1 January 2004 to compensate for the particular hardship in the warehouse or in cold weather zones can be offset against the cold weather allowance. In particular, performance-related bonuses and payments that are granted on grounds of length of service or work during the night or weekend rest periods cannot be offset.

b) Furthermore, in the Federal State of Salzburg, a hardship allowance of 10% of the collectively agreed minimum wage applies to the trade in building materials.

c) Employees who work in companies that trade in chemicals and who have to wear personal protective equipment in the form of a chemical protection suit that is acid and alkali resistant will receive a hardship allowance of 10% of the collective agreement minimum wage. This refers to the amount of working time in which wearing the protective suit is required by law or company; changing times are already considered working hours. Voluntary payments in place as of January 1, 2021 that are intended to compensate for the particular difficulty of wearing a chemical protection suit can be credited towards the hardship allowance.

4. Regulations for employment relationships that began before December 31, 2017 and for which a dirt allowance is due.

a) In the Vienna coal wholesale trade, all employees who are employed in coal storage yards are entitled to a dirt allowance of 15% of the collectively agreed minimum rates, provided that they are employed by companies that act as wagon buyers and employ more than three employees (workers and employees, but not apprentices).

b) In the Styrian coal wholesale trade, all workers are entitled to a dirt allowance of 10% of the collectively agreed minimum wage, provided they are employed by companies that act as wagon buyers.

c) In the Salzburg coal wholesale and retail trade, all employees are entitled to a dirt allowance of 15% of their respective monthly wage.

d) In the coal wholesale and retail trade in Upper Austria and Vorarlberg, all workers receive a dirt allowance of 15% of the collectively agreed minimum rates.

e) In the wholesale and retail coal trade in Tyrol, Burgenland, Lower Austria and Carinthia, all workers receive a dirt allowance of 10% on the collectively agreed minimum rates.

f) The dirt allowance provided for in points (a) to (e) shall also be paid to drivers of tankers carrying liquid fuels in the coal and mineral oil trade.

g) In the trade in waste paper and waste textiles, a dust (dirt) allowance of 10% on top of the collectively agreed minimum wage is granted for all work which causes a particular development of dust (dirt).

5. Regulations for employment relationships established from 1 January 2018 and for which an entitlement to a dirt allowance is due.

a) In the wholesale and retail coal trade, as well as in the trade in waste paper and used textiles, all employees are entitled to a dirt allowance of 10% of the collectively agreed minimum wage.

b) Drivers of tankers carrying liquid fuels in the coal and mineral oil trade are entitled to a 10% dirt allowance in addition to their respective monthly wages, with the exception of drivers who do not assist in filling or unloading.

6. All employees in the following establishments are entitled to a dirt allowance.

In the scrap metal trade, workers at pack2pack Vienna AG, 1220 Vienna, Ölhafen Lobau, Lobgrundstraße 3, Hermann ZARUBA, 5020 Salzburg, Gnigler Straße 63 a, or 4024 Linz, Zaunmüllerstraße 7, and ZAREX, 5020 Salzburg, Gnigler Straße 63 a, receive a dirt allowance of 20% of the collectively agreed minimum wage for the reprocessing of oil drums. Workers at Eckmüller Gesellschaft mbH, 1110 Vienna, Mautner Markhof-Gasse 80, receive a dirt allowance of 20% of the collectively agreed minimum wage for the reprocessing of drums for chemical paints and synthetic resins.

8. Functional allowances

a) Foreman allowance:
If the establishments employ foremen who have been expressly designated as such by the management, the corresponding rates for them shall be increased by 10% - except within the scope of wage table b).

b) Batch leader allowance:
In establishments engaged in the wholesale trade of iron and iron goods, metal and metal goods, pipes and fittings, employees who perform the duties of a position as batch leader will have their corresponding remuneration increased by 10%.

c) Dispatch workers:
In the newspaper and magazine wholesale trade, dispatch workers receive a night allowance of 50% of their agreed hourly wage for normal working hours between 10 pm and 6 am

For work performed on Sundays, employees are entitled to a 25% Sunday surcharge of their agreed hourly wage per hour for normal working hours.

For night work on a Sunday, you will be entitled to a 75% surcharge on your agreed hourly wage per hour for normal working hours.

C. Travel expenses reimbursement

A business trip occurs when an employee leaves the employer's workplace to carry out an assignment given to him/her. This also applies if the employee is fulfilling his/her actual work obligation by making the journey.

If the business trip is started from the workplace, it begins when the employee leaves the workplace. In all other cases, the business trip begins when the employee leaves home for travel reasons. The business trip ends when the employee returns to the workplace or returns to home for travel reasons.

In the case of business trips, the employee must be reimbursed for the expenses incurred by the business trip. The employee must choose the most cost-effective travel option.

To cover the additional personal expenses associated with the business trip, the employee receives a daily allowance of at least 18.04 euros, although a higher amount or the maximum amount according to the income tax guidelines of 26.40 euros can be agreed and paid by works agreement. A daily allowance is payable for business trips lasting more than 3 hours. One twelfth of the full daily allowance is charged for each hour or part thereof.

In case of overnight stay, the actual costs will be reimbursed upon confirmation.

Remuneration for board and lodging: For employees who are in board and lodging, the following deductions can be made from the gross weekly wage:

Full board and lodging .... 55.28 euros
Lodging ........................... 12.49 euros
Food ........ . ................................... 42.80 euros

In company agreements, commissions can be made regarding the granting of travel and expense allowances as well as mileage allowances, provided that no collective agreement commissions exist.

F. Wage tables

a)  General wholesale and retail trade 

b)  Companies of the Federal Agricultural Trade Committee that carry out the wine and spirits wholesale trade

G. Previous service

Previous periods of service completed as a worker, employee, self-employed, freelance or in the public service are to be taken into account for classification in the wage tables upon presentation of appropriate evidence.

The introduction will take place in stages over the next three years, so that new entrants will be credited with three years from January 1, 2022, five years from January 1, 2023 and seven years from January 1, 2024. Periods of military and community service are to be taken into account in the sense of this previous service regulation, but more than seven years will not be credited from 2024.

H. Maintaining overpayments

(a) The overpayments of the collectively agreed minimum wages existing on 31 December 2021 must be maintained in their euro amount (accurate to the cent) compared to the collectively agreed minimum wages increased from 1 January 2022.

b) Provisions for wage table B, which expires on December 31, 2021, for department stores:
The collectively agreed minimum wages shown as of December 31, 2021 will be increased by 2.55 percent and rounded up to the nearest euro. In each subsequent year, this calculated minimum wage will be increased in line with the (percentage) wage increase in wage table A), wage group 5 d), and existing overpayments must be maintained.

I. Foremen/Foremen: Foremen are employees who have been appointed as such by the employer.

II. Skilled workers and drivers: A skilled worker is an employee who is predominantly employed in his/her trained profession in the company.

III. Semi-skilled workers and passengers

IV. Other employees

Appendix 2 

On the Wage Order – General Part

a) If a company uses piecework, the piecework rates can be set in compliance with the provisions of the Labor Constitution Act. This piecework agreement can also contain a different regulation regarding the basis for calculating the dirty work allowances in accordance with A 3 of the wage regulations.

b) Provided that piecework was performed during the wage payment period, an averagely qualified worker must achieve at least the collectively agreed minimum wage (worker's wage) with the piecework wage agreed with the works council (see point e Performance principle).

(c) The average work intensity shall be deemed to be the performance of the pieceworker which can be maintained on average over the long term by the majority of workers engaged in the same activity.

d) A change in the fixed piece rates agreed with the works council can only be made by changing the working method or improving the technical equipment (loading machines, conveyor belts, etc.).

e) If pieceworkers are charged based on weight, they will be charged the rate per 100 kg agreed with the works council and management. Each pieceworker thus has the opportunity to increase his performance through personal hard work and acquired skill and thus earn more. However, this must not lead to a reduction in the standard piecework rate.

f)  The standard piecework rates must be communicated to the workers in an appropriate form before the start of piecework. The standard piecework rates must be set without distinction as to age.

Appendix 3

Summary of the most important provisions of Regulation (EC) 561/2006

Scope of Regulation 561/2006 

professional scope 

In principle (unless an exception provided for in the regulation applies), any journey made entirely or partially on a public road by an empty or loaded vehicle (transport by road) is recorded for use for:  

• Transport of goods if the permissible total weight of the vehicle (including trailer or semi-trailer) exceeds 3.5t,
• Passenger transport if the vehicle is designed and intended for the transport of more than 9 people including the driver. (VO vehicles within the meaning of Section 13 Paragraph 1 Number 2 a and b AZG). 

exception "craftsman regulation" 

The following vehicles or vehicle combinations are excluded from the technical scope:  

• up to a maximum permissible total weight of 7.5t, 
• which are used to transport material, equipment or machinery required by the driver to carry out his job,
• within a radius of 100 km from the company's location,
• if driving is not the main activity.  

Local scope 

The regulation applies to road transport regardless of the country in which the vehicle is registered  

• Only within the EU or,
• Between the EU, Switzerland and the EEA contracting states. 

driving times 

daily driving time 

The total daily driving time between two rest periods (daily rest periods or a daily and a weekly rest period) must not exceed 9 hours. The daily driving time may be extended to 10 hours twice a week. 

Weekly driving time 

The total driving time may not exceed 56 hours within one week and 90 hours within a period of two consecutive weeks. 

driving break (interruption of driving) 

After a maximum driving time of 4 1/2 hours, an uninterrupted break from driving (driving break) of at least 45 minutes must be taken, unless the driver takes a rest period or a rest break. Driving breaks can be replaced by rest breaks.

The 45-minute driving break can be divided as follows: 

• first part at least 15 minutes,
• second part at least 30 minutes. 

The driving break parts must be held in such a way that at the start of the last part of the driving break the driving time of 4 1/2 hours has not yet been exceeded. 

During the driving break, the driver may not drive or perform any other work. Time spent next to the driver during the journey (in multi-driver operations) can be counted towards driving breaks. Driving breaks may not be counted towards the daily rest period. 

daily rest period 

Regular daily rest period 

Within each 24-hour period following the end of the previous daily or weekly rest period, the driver must be granted an uninterrupted daily rest period of at least 11 hours.  

Reduced daily rest time 

The daily rest period can be reduced to at least 9 consecutive hours 3 times between two weekly rest periods. 

Shared rest time 

If a total daily rest period of at least 12 hours is observed, the daily rest period may also be taken in two parts, the first part comprising an uninterrupted period of 3 hours and the second part comprising an uninterrupted period of 9 hours.  

multi-driver operation 

If the vehicle is manned by at least two drivers, each driver must be granted an uninterrupted daily rest period of at least nine hours after the end of a daily or weekly rest period within each 30-hour period. 

Taking the daily rest period in the vehicle 

If the driver so chooses, daily rest periods not taken at the location can be spent in the vehicle, provided that the vehicle has suitable sleeping facilities for each driver and is not in motion. 

Weekly rest period 

Regular weekly rest period 

The driver is entitled to an uninterrupted weekly rest period of at least 45 hours each week.  

Reduced weekly rest period 

The weekly rest period may be reduced to at least 24 consecutive hours.

double week 

In two consecutive weeks, the driver must be granted the following rest periods: 

• two regular weekly rest periods or,
• a regular weekly rest period and a reduced weekly rest period. 

Any reduction must be compensated for by another rest period of at least 9 hours by the end of the third week following the shortened week.  

start of the weekly rest period 

The weekly rest period shall begin at the latest at the end of six 24-hour periods following the end of the previous weekly rest period. 
A weekly rest period which begins in one week and extends into the following week may be counted as part of the first or second week. 

Taking the reduced weekly rest period in the vehicle 

If the driver so chooses, reduced weekly rest periods not taken at the location can be spent in the vehicle, provided that the vehicle has suitable sleeping facilities for each driver and is not in motion. 

travel time 

The travel time to or from a VO vehicle located outside the driver's place of residence or the employer's place of business is only considered a break or rest period if the driver is on a train or ferry with access to a berth or couchette. If this travel time to or from a vehicle other than the driver's place of residence or the employer's place of business is covered by another vehicle (Section 13 Paragraph 1 Item 3 AZG), it is considered working time. 

stopping place 

If it is compatible with road safety, the driver may, in order to reach a suitable stopping place, deviate from the rules on driving time, driving breaks, daily and weekly rest periods, interruption of the daily rest period in the case of combined transport , to the extent that this is necessary to ensure the safety of passengers, the vehicle or its load.  

The driver must make a handwritten note of the type and reason for the deviation no later than when reaching the stopping place: 

• on the record sheet (for vehicles with analogue control equipment) or,
• on a printout from the tachograph (for vehicles with a digital tachograph).

Appendix 4

Explanations of Section V. 3. Driving personnel - point 3.1.3.

The maximum weekly working time may not exceed 60 hours in individual weeks and an average of 48 hours within an averaging period of up to 17 weeks. This is a working time model according to Section 13b Paragraph 2 AZG and not an averaging model according to Section 4 AZG. This is a model that allows a maximum working time of up to 60 hours per week, but at the same time also allows overtime to occur. Overtime is incurred from the 41st hour of work.