Datenbank der Tarifverträge

The collective agreement is concluded between the Federal Guild of Plastics Processors on the one hand and the Austrian Trade Union Confederation, the GPA trade union, Interest Representation Department, on the other hand.

§ 2 Scope

(1) The collective agreement shall apply:

a) spatially: for the territory of the Republic of Austria

b) professional: for all member companies of the Federal Guild of Plastics Processors.

c) personally: for all employees subject to the Salaried Employees Act as well as for commercial apprentices and technical draftsman apprentices.

(2) The collective agreement does not apply:
to holiday interns and volunteers; Holiday interns are students who are temporarily employed for the purpose of vocational (technical, commercial or administrative) preparatory training or education in accordance with the public study regulations.
Volunteers are persons who are employed for the purpose of vocational (technical, commercial or administrative) preparatory training or education, provided that this circumstance was expressly stated at the time of recruitment and they are not employed in a company for longer than six months.

§ 3 Period of validity

(1) This collective agreement shall enter into force on 1 May 2022 and shall be valid for an indefinite period.

(2) This collective agreement may be terminated by either party by giving three months' notice to the end of each month by registered letter.

(3) During the notice period, negotiations shall be conducted for the renewal or amendment of the collective agreement.

§ 4 Working hours

(1)	 Normal working hours are 40 hours per week. The provisions of the Child and Young Persons Employment Act (KJBG) apply to the working hours of employees under 18 years of age and apprentices. In companies with a five-day week, the weekly working hours of young people can be adjusted to the daily working hours of adults in accordance with Section 11 Paragraph 2 of the Child and Young Persons Employment Act, in derogation from the provisions of Section 11 Section 1 of this Act.

(2) Unless a different working time is required by shift scheduling or the provisions of paragraph (3), working hours on Saturdays shall end at 1 pm The 24th of December shall be a day off, with continued payment of wages for the hours worked . On the 31st of December, working hours shall end at the time at which the workers' working hours end under the collective agreement applicable to the establishment.

From 1 May 2024, paragraph 2 shall read as follows:

(2) Unless other working hours are required by shift scheduling or the provisions of paragraph (3), working hours on Saturdays shall end at 1 pm The 24th and 31st December shall be days off, with continued payment of salary for the hours worked not worked.

(3) The closing times of shops set by the state governments for the relevant sectors shall apply to the end of work for employees providing customer service, while maintaining the 40-hour normal working week.
The normal working hours of sales outlet staff within the meaning of the Shop Closing Act may be extended to up to 44 hours in individual weeks of a four-week period if the regular weekly working hours do not exceed an average of 40 hours within this averaging period. The time off required to achieve the average working hours in the averaging period must be granted in one continuous period, taking into account the respective operational requirements. Time off of more than four hours may be granted in two parts, one part of which must be at least four hours.

(4) The distribution of normal weekly working hours over the individual days of the week, the beginning and end of daily working hours and the timing of breaks shall be determined on the basis of the above provisions, taking into account the respective operational requirements and in accordance with the statutory provisions.

§ 4a Training in connection with public holidays

(1) If, in connection with public holidays, working hours are canceled on working days in order to allow employees a longer period of continuous free time, the distribution of the lost normal working hours over the working days of a maximum of 52 weeks including the days lost may be regulated by works agreement or, if there is no works council, by written individual agreement in accordance with Section 4 (3) AZG - if a training period of seven weeks is to be exceeded.

(2) The normal weekly working hours may be extended to a maximum of 48 hours per week through training. If the averaging period is more than 13 weeks, no more than 80 training hours may be acquired within 52 weeks from the start of the first averaging period, and no more than 20 training hours within one month. After the 45th up to and including the 48th hour, a time allowance of 10 percent is payable.

(3) If the employment relationship ends due to termination by the employer, dismissal for no fault of the employee, justified early resignation of the employee or by mutual agreement before the use of the time worked, the corresponding overtime pay shall be due for the unused time credit; in all other cases of termination of the employment relationship, no overtime pay shall be due.

(4) The employee shall be informed of the number of training hours completed during the payroll period and the balance of the training hours account with each payroll payment.

(5) Within the meaning of Section 11(2a) of the Child and Young Persons Employment Act, a different distribution of the normal weekly working hours is also permissible for employees and apprentices under 18 years of age.

§ 4b Flexible working hours range

(1) Normal working hours may be distributed irregularly within an averaging period of up to 52 weeks in such a way that the average working hours do not exceed 40 hours per week during the averaging period. This arrangement must be agreed by works agreement or, in establishments where no works council has been established, in writing with each employee.

(2) Normal working hours per week may not exceed 45 hours and may not be less than 35 hours. The 35-hour working week may be reduced if time off is taken in the form of full days.

(3) For weekly hours after the 40th hour up to and including the 45th hour, a time or monetary premium of 10 percent shall be payable.

(4) During the averaging period, the salary shall be due for the average normal working time of 40 hours. Hourly-based remuneration components (allowances, bonuses) shall be calculated according to the hours worked.

(5) If the time off has not been fully compensated at the end of the averaging period, it must be made within a grace period of one month. If the employee is ill at the time of use or is otherwise prevented from using the time credit for personal reasons, the period is extended by this time. If the compensation is not made, the time credit must be paid as overtime.

(6) If there is a time credit at the end of the employment relationship, compensation shall be paid in the case of dismissal due to the fault of the employee, of voluntary termination by the employee and of resignation without good cause at the rate of hourly wages (1/173 of the monthly salary), and in other cases at the rate of overtime pay (1/150 of the monthly salary).

(7) The employee shall be informed of the number of credit hours worked during the payroll period and the balance of the credit hours account at each payroll payment.

(8) The agreement pursuant to paragraph 1 must contain more detailed provisions on how the respective normal working hours are determined and how time off is claimed. The working time schedule, the location and extent of normal working hours must be communicated to each employee affected at least one week before the start of the averaging period. By mutual agreement, a change to this schedule is permissible by works agreement or, in companies without a works council, by written individual agreements and must be communicated to the employees one week before the start of the relevant calendar week.

§ 4c Night work by women

(1) According to Section 4c of the Federal Law on Night Work for Women, Federal Law Gazette No. 237/1969 as amended by Federal Law Gazette No. 5/1998, women may be employed at night in the same way as men.
This is permissible if a works agreement or, in establishments where no works council has been established, a written individual agreement provides for suitable compensatory measures to alleviate or compensate for the burdens of night work. These measures must be the same for women and men employed at night in the relevant part of the establishment from 1 May 1998, taking into account the principle of equal treatment.

(2) The following provisions shall apply only to those parts of the undertaking for which night work for women is introduced from 1 May 1998.

(a) Night work is only permitted if there is a voluntary written agreement (service note). If employees refuse to accept such an agreement, their employment relationship may not be terminated for this reason and they may not suffer any other disadvantages in their employment relationship as a result.

(b) The employer is obliged, in accordance with operational possibilities, to employ the employee, at his request, in a suitable day job for the duration of the following impediments:

if there is a proven health risk
in the case of absolutely necessary care obligations for children up to 12 years of age. This justification cannot be used if another person lives in the shared household who can carry out the corresponding care and support obligations.

Circumstances that already existed when the agreement was concluded cannot be taken into account. If a transfer to another suitable day job is not possible for operational reasons or does not take place within 14 days, the employee has the option of justified early termination.

(c) If a day job becomes vacant in the company, it must be advertised internally. Employees who work at night and who can perform the vacant work – possibly after reasonable retraining – must be given priority.

(d) Employers must ensure that employees who perform or wish to perform night work can, at their own request, undergo a medical examination before starting this work and at regular intervals during the continuation of this work, in accordance with the Ordinance on Section 51 ASCHG, Federal Law Gazette No. 11/27/1997. The employer must reimburse the employee for any costs incurred. The time required is to be counted as working time.

§ 5 Overtime, Sunday and holiday work

(1) Any expressly ordered hour of work which exceeds the daily working hours set on the basis of the respective collective agreement's normal working hours (Section 4, Paragraph 1) and taking into account the provisions of Section 4 shall be deemed to be overtime. In the case of part-time employees, overtime only occurs when the daily working hours set for full-time employees are exceeded.

(2) For overtime that does not fall between 8 pm and 6 am or is not overtime on Sundays or public holidays, a surcharge of 50 percent is due. If the overtime falls between 8 pm and 6 am, a surcharge of 100 percent is due. If the collective agreement for workers provides for a different time for the increased overtime surcharge of 100 percent to take effect, this regulation shall also apply to salaried employees.

(3) Work on Sundays and public holidays shall be permitted only in the cases provided for by law.

(4) Overtime on Sundays shall be remunerated at a surcharge of 100 percent.

(5) The provisions of the Working Rest Act 1983, Federal Law Gazette No. 144, shall apply to work on public holidays and the remuneration thereof. If the work performed on a public holiday exceeds the normal working hours set for the weekday in question, a surcharge of 100 percent shall be payable for such overtime.

(6) The basic overtime pay and the basis for calculating overtime premiums and premiums for work on Sundays and public holidays is 1/150 of the monthly salary. By setting this basis for calculation, all special payments exceeding 12 monthly salaries are taken into account for the purposes of overtime, Sunday and public holiday pay.

(7) Where several surcharges are applicable at the same time, only the highest surcharge shall be payable.

(8) If, for reasons of expediency, a flat-rate overtime payment is agreed, the basic principle for calculating the monthly flat-rate amounts shall be that they correspond to the average number of overtime hours worked, including the above-mentioned overtime allowances.

(9) Before overtime is worked, it may be agreed that, instead of overtime pay, the employee shall receive 1½ hours of paid time off for each hour of overtime worked and 2 hours of paid time off for each hour of overtime worked at night and on Sundays.

(10) The remuneration pursuant to (1) and (8) or their compensation in the form of paid time off pursuant to (9) must be claimed within four months of the day on which the overtime was performed, otherwise the claim shall expire .

(11) If regular overtime is to be taken into account when calculating holiday pay in accordance with Section 2 Paragraph 2, 2nd sentence of the General Collective Agreement on the concept of holiday pay, overtime is deemed to be regular if it has been worked in at least 7 of the last 12 calendar months before the start of the holiday. The last 12 months are also to be used to determine the average.

§ 6 Night work

If normal working hours regularly fall entirely or partially during the night due to the working hours scheduling established in the company, the employees called upon to do this work are entitled to special remuneration in those cases in which such special remuneration is also granted to the workers of the company in question. This special remuneration is due for each hour of work falling between 10 p.m. and 6 a.m. or in the usual third shift (night shift); its amount is determined in accordance with the rules applicable to the workers of the company in question.

§ 7 Shift work

For work that requires uninterrupted progress on weekdays and Sundays (fully continuous operations or departments), as well as for other multi-shift operations or departments, the shift plan must be drawn up in such a way that the normal weekly working time does not exceed 40 hours on average within the shift rotation. Regulations on Sunday work that are in line with the statutory provisions remain unaffected.
In the case of fully continuous operations, the overtime required to ensure continuous operation must be agreed with the works council.

§ 8 Leisure time in case of absence from work

If the following family matters occur and are subsequently proven, each employee shall be granted time off without reduction in his monthly salary to the following extent:

a) in the event of the death of the spouse or registered partner, 3 working days

b) in the event of the death of the partner (life partner), if he (she) lived with the employee in the same household 3 working days

c) in the event of the death of a parent, 3 working days

d) in the case of the death of a child who lived with the employee in the same household, 2 working days

e) in the event of the death of children who did not live in the same household as the employee, of siblings, parents-in-law and grandparents, 1 working day

f) in the case of own marriage or registered partnership, 3 working days

g) in the case of a change of residence in the case of an existing household or in the case of the establishment of a separate household, 2 working days

h) in the case of marriage or the conclusion of a registered partnership of siblings or children, adopted children or stepchildren, 1 working day

i) in the case of the wife or partner giving birth, 1 working day

k) the time necessary to visit a doctor or dentist, provided that a certificate from a statutory health insurance doctor is presented.

§ 8a Recognition of secondary school studies when determining the duration of vacation

If the employment relationship has lasted for at least two years without interruption, an employee who has studied at a middle school or, following the School Organization Act of 1962, at a higher school and passed the school leaving examination (Matura), will be credited with three years for the purpose of calculating the length of leave. The prerequisite is that these studies were not completed alongside an employment relationship.

§ 8b Crediting of the parental leave within the meaning of the MSchG or VKG

The parental leave taken following the birth of the first child in the employment relationship within the meaning of the MSchG or VKG is credited towards calculating the notice period, the duration of continued payment of wages in the event of illness (accident) and the amount of vacation up to a maximum of 16 months.
This applies to parental leave that began on or after May 1, 2015. However, the prerequisite for this to be credited is that the employment relationship has lasted for at least three years at the time the parental leave begins.
This maximum amount also applies if the parental leave is shared between the mother and father within the meaning of the MSchG or VKG for the same child or after multiple births. If employment is agreed upon during this parental leave, parental leave within the meaning of the MSchG or VKG is not credited for the duration of this employment.

For births from August 1, 2019, the recognition of parental leave periods during an ongoing employment relationship is governed by Section 15f of the Maternity Protection Act (MSchG) as amended by Federal Law Gazette I 68/2019 (MSchG) or Section 7c of the Father's Leave Act (VKG).

§ 9 Sick leave and home stays

Sick leave or stays at home granted by the health insurance company are to be treated as cases of illness if the employee provides confirmation from the health insurance company that he or she is unable to work during this period. Such periods may not be counted towards the statutory vacation entitlement.

§ 9a Termination Dates

It is agreed that the permanent employment relationship can be terminated by the employer subject to prior observance of the statutory notice period on the fifteenth or last day of each calendar month, unless otherwise provided or stipulated in the employment contract.

§ 9b Severance Pay

(1) The provisions of the Employees Act or the Company Employee Pension Act, as amended, apply to increased pay.
For employees who are subject to the provisions of the Employees Act with regard to severance pay (old severance pay), the following applies in addition: If the employment relationship ends due to the death of the employee, the legal heirs, to whose support the Deceased employees were legally obliged at the time of death, are entitled to the severance pay in full.

(2) If the employer and employee agree to transfer from the severe pay law of the Salaried Employees Act/Workers' Severance Pay Act to that of the BMSVG (Company Employee and Self-Employed Pension Act), the employee is entitled to withdraw from the transfer agreement within one month of signing it without giving reasons. This does not apply if the content of the transfer agreement is determined by a works agreement in accordance with Section 97 Paragraph 1 Item 26 ArbVG (establishment of framework conditions for transfer to the severe pay law of the BMVG).

§ 10 Additional leave for war invalids and work-disabled persons

War invalids from both world wars and those disabled from work with a disability of 50 percent or more receive an additional three working days' leave in each year of service.

§ 11 13th and 14th monthly salary, Christmas remuneration and holiday allowance

(1) All employees are entitled to a 13th and 14th monthly salary (Christmas bonus and holiday allowance) once every calendar year.
Apprentices receive an amount equal to the monthly apprentice allowance as Christmas bonus and holiday allowance.
For commission recipients who receive a monthly salary (fixed salary) in addition to the commission, the fixed salary is used as the basis for calculating the 13th and 14th monthly salary.
Commission recipients with whom only commission is agreed are only entitled to this if their annual salary is less than fourteen times the minimum basic salary to which they are entitled under the collective agreement.

(2) The calculation of the 13th monthly salary is based on the monthly salary due in November (apprenticeship income, fixed salary).
The calculation of the 14th monthly salary is based on the monthly salary due in the month of payment (apprenticeship income, fixed salary).
For employees who completed their apprenticeship during the calendar year
, the 13th and 14th monthly salaries are made up of the pro rata part of the last monthly apprenticeship income and the pro rata part of the employee's salary.

(3) The 13th monthly salary (Christmas remuneration) is to be paid between 1 and 15 December of each calendar year.
The 14th monthly salary (holiday allowance) is due when the employee starts a holiday.

If several vacation periods are taken in a calendar year, the payment is due when the longer vacation period begins, and if the vacation periods are the same, the payment is due when the first vacation period begins. If a vacation period to which an employee is already entitled is not taken or used up in a calendar year, the vacation allowance still due for that calendar year must be paid out with the December statement.

(4) Employees (apprentices) joining or leaving the company during the calendar year shall be entitled to the pro rata portion of the 13th and 14th monthly salary in accordance with the length of service completed in the calendar year.
Employees who have already received the 13th or 14th monthly salary but leave the company before the end of the calendar year shall have the proportionately overpaid portion attributable to the remaining part of the calendar year deducted from the final settlement.

(5) To the extent that individual establishments already pay a 14th month's salary or any other special allowance exceeding the 13th month's salary, these may be credited towards the holiday allowance.

(6) Performance, savings or success bonuses based on monthly production which are paid once or several times a year, as well as genuine balance sheet payments which are granted only to individual employees for their cooperation in the preparation of the balance sheet, shall not be considered as eligible special allowances.

§ 12 Service invention

The employer has the right to offer an employee a service invention made during the employment relationship within the meaning of Section 7 (3) of the Austrian Patent Act. The employer must comment on this within a period of four months from the date of the offer and state whether he wishes to claim it for himself; Until the patent rights are registered, the employer is obliged to keep the invention absolutely confidential. In the event of a claim, the employer must pay the inventor the compensation provided for in the law and pay all patent fees incurred. At the employee's request, the inventor must be named in the patent register, even if the employer appears as the applicant. In all other respects, the provisions of the Austrian Patent Act and the individual agreements made pursuant to this law apply.

§ 13 Special Agreements

The provisions of this collective agreement, insofar as they regulate the legal relationships between employers and employees, cannot be repealed or restricted by works agreement or employment contract. Special agreements are only valid if they are more favorable to the employee or concern matters that are not regulated in the collective agreement (Section 3 of the Labor Constitution Act).

§ 14 Recruitment restrictions

(1) Persons who have not yet reached the age of 16 may not be employed as employees.

(2) The contracting parties recommend that only employees with at least two years of vocational training or at least six years of secondary school education or a completed apprenticeship should be recruited. Employees with special knowledge or special technical knowledge based on many years of professional experience are exempt from this.

§ 15 Settlement of collective disputes

Any dispute arising from the interpretation of this collective agreement shall be settled by a committee composed equally of three representatives from each of the contracting organizations, the members of which shall, if possible, be drawn from the circle of those involved in the negotiations on this collective agreement, before the matter is referred to the Higher Settlement Office.

§ 16 Job categories and minimum basic salaries

(1)

 	The job titles listed in the job categories are only examples and do not constitute an exhaustive list.

(2) If an employee joins or leaves the company during a month, the pro rata portion of the salary shall be determined by dividing the gross monthly salary due for the month in question by 26 and multiplying the result by the number of working days.

(3) Employees under the age of 18 shall be classified in employment group I, regardless of the nature of the activity performed, unless they have completed one month of practical training.

(4) All employees over 18 years of age and those employees under 18 years of age who have completed one month of practical experience shall be classified in employment groups I to VI according to the nature of the work they predominantly perform.

(5) The classification into the employment groups is carried out by the company management. If an employee appears to be elected as a works council member in the company concerned, the classification must be carried out with his participation. The classification into the employment groups, the number of years of employment group credited and the amount of the salary as well as all further changes must be notified to the employee by means of a service note.

(6) If an employee has to advance to a higher minimum salary level in his or her job group as a result of an increase in the number of years in his or her job group, the salary increase shall take effect in the month in which he or she reaches the increased number of years in the job group.

(7) In the event of promotion to a higher employment group, the employee shall be entitled to the next highest minimum basic salary of the new employment group after the minimum basic salary previously achieved. However, the employee's respective minimum basic salary may not be lower than the minimum basic salary that he or she would achieve by time-based promotion if he or she remained in the previous employment group.

(8) If an employee has reached the maximum number of years of service in a job category provided for in that category, an appropriate salary increase should be granted in the event of improved performance after further employment in the same job category.

(9) Within a job group, the minimum monthly basic salary to which the employee is entitled is determined by the number of qualifying years of practical experience or job group experience.

The years of practical experience are those periods that an employee has spent as an "employee" within the meaning of the Salaried Employees Act, regardless of the type of employment.
The years of employment group are those periods that an employee has spent in a specific employment group or, before the start of this collective agreement, in the activity corresponding to a specific employment group as an employee.

For the purposes of calculating practical and employment group years, it is irrelevant whether these were spent with one or several employers. However, the prerequisite for calculation is that the employee informs the company management of these periods upon joining the company and, if possible, immediately, but no later than within two months, provides evidence of this with appropriate certificates or other employment documents. If the employee submits the certificates on time, he or she must be certified on the service record provided for in paragraph 5; if this is not issued, the limitation period does not apply.
Half of the previous service periods as a foreman in the company before being taken on as a master craftsman are to be calculated as employment group years for the employment group into which the master craftsman is first assigned, but only up to a maximum of 5 years. Paragraph 4 of section 9 does not apply to calculating the years as a foreman.

(10) Periods of military service or war captivity are to be counted as years of practical experience if the call-up for military service was from an employment relationship and took place after 1 June 1939. The same applies to periods that an employee spent in imprisonment or exile for political or racial reasons between March 1938 and April 1945, if he can prove this by documentary evidence. Member companies are recommended to count such periods as employment group years if the employee can prove at least three years of employment group service with the activity corresponding to a certain employment group before or between the military (imprisonment, exile) periods.

(11) Sollte ein Angestellter bei seiner Einreihung in eine Verwendungsgruppe noch nicht die vorgeschriebene Praxis aufweisen, so hat er bis zur Erreichung dieser Zeit 80 Prozent des Mindestgrundgehaltes der in Betracht kommenden Verwendungsgruppe zu erhalten, jedoch nicht weniger als das Mindestgrundgehalt, das ihm in der nächstniedrigeren Verwendungsgruppe auf Grund der dort anzurechnenden Praxis bzw. Verwendungsgruppenjahre zustehen würde. In diesem Fall beginnen die Verwendungsgruppenjahre gleichzeitig mit den Praxisjahren zu laufen.

Durch das Schulorganisationsgesetz 1962 wurde die Dauer der Schulausbildung neu festgesetzt und eine Gliederung der Schulen nach ihrer Bildungshöhe durchgeführt. Die Handelsschulen, gewerblichen und technischen Fachschulen wurden nebst einigen anderen Schultypen unter der Bezeichnung "berufsbildende mittlere Schulen" zusammengefasst.
Die Mittelschulen, Handelsakademien und höheren technischen und gewerblichen Lehranstalten werden als "höhere Schulen" bezeichnet und gliedern sich in allgemeinbildende höhere Schulen (bisher Mittelschulen) und berufsbildende höhere Schulen (zum Beispiel höhere technische und gewerbliche Lehranstalten, Handelsakademien). Außerdem wurde die Ausbildungsdauer nahezu aller mittlerer und höherer Schulen verlängert. Die ehemals dreijährige technische Fachschule wurde in einen vierjährigen Bildungsgang, die zweijährige Handelsschule in einen dreijährigen Bildungsgang umgewandelt.
Die allgemeinbildenden höheren Schulen (bisher Mittelschulen) umfassen an Stelle eines achtjährigen einen neunjährigen, die Handelsakademien an Stelle eines vierjährigen einen fünfjährigen Bildungsgang. Die höheren technischen und gewerblichen Lehranstalten behielten ihren fünfjährigen Bildungsgang bei. Die "bei Schulausbildung des Angestellten nach Auswirkung des Schulorganisationsgesetz 1962" vorgesehenen Praxiszeiten gelten also für jene Angestellten, die einen verlängerten Bildungsgang im Sinne dieses Gesetzes zurückgelegt haben (d.h. eine vierjährige technische Fachschulausbildung an Stelle einer bisher dreijährigen und eine fünfjährige höhere Schulausbildung nach der achtjährigen Pflichtschulzeiten an Stelle einer bisher vierjährigen). Die Praxiszeiten für Absolventen einer höheren technischen und gewerblichen Lehranstalt bleiben gleich, weil hier in der Ausbildungsdauer keine Änderung eingetreten ist.
Die Auswirkung des Schulorganisationsgesetzes 1962 (längere Ausbildungsdauer) ergibt sich jeweils ab Ende folgender Schuljahre:

für dreijährige Handelsschulen 1965/66
für vierjährige technische Fachschulen 1966/67
für Handelsakademien 1967/68
für allgemeinbildende höhere Schulen 1971/72

Als Schulen im Sinne des Verwendungsgruppenschemas sind nur öffentliche Lehranstalten oder Privatlehranstalten mit Öffentlichkeitsrecht anzuerkennen. Die entsprechende Schulbildung ist durch ein Zeugnis über den erfolgreichen ordnungsgemäßen Abschluss nachzuweisen; die Schulen sind nachstehend beispielsweise angeführt:

A. Vor Auswirkung des Schulorganisationsgesetzes 1962:

a) Schulen mit zweijähriger Studienzeit: zweijährige Handelsschulen, kaufmännische oder technische Fachschulen und Werkmeisterschulen (nicht aber Kurse an solchen Schulen).
Unter nachstehenden Voraussetzungen gelten jedoch Werkmeisterkurse als Fachschule im Sinne der Meistergruppe II:
Es muss sich um Werkmeisterkurse der Arbeiterkammern oder der Wirtschaftsförderungsinstitute der Wirtschaftskammern handeln, sie müssen eine viersemestrige Studiendauer mit mindestens acht Wochenstunden im Durchschnitt der Kursdauer aufweisen und in einer der Dienstverwendung des Angestellten einschlägigen Fachrichtung liegen.

b) Schulen mit dreijähriger Studienzeit: Dreijährige technische Fachschulen.

c) Schulen mit vier- oder mehrjähriger Studienzeit: Handelsakademie mit Reifeprüfung (Matura) höhere technische Lehranstalten mit Reifeprüfung, wie höhere Gewerbeschulen, Technologisches Gewerbemuseum, höhere technische Bundeslehranstalt und andere technische Lehranstalten mit Öffentlichkeitsrecht und Abschlussprüfung, sofern sie eine mindestens vierjährige Studienzeit erfordern; Mittelschulen mit Reifeprüfung.

B. Nach Auswirkung des Schulorganisationsgesetzes 1962:

a) Berufsbildende mittlere Schulen: Zwei- oder mehrjährige Werkmeisterschulen, dreijährige Handesschulen, drei- oder mehrjährige technische Fachschulen (nicht aber Kurse an solchen Schulen).
Unter nachstehenden Voraussetzungen gelten je doch Werkmeisterkurse als Fachschule im Sinne der Meistergruppe II:
Es muß sich um Werkmeisterkurse der Arbeiterkammern oder der Wirtschaftsförderungsinstitute der Wirtschaftskammern handeln; sie müssen eine viersemestrige Studiendauer mit mindestens acht Wochenstunden im Durchschnitt der Kursdauer aufweisen und in einer der Dienstverwendung des Angestellten einschlägigen Fachrichtung liegen.

b) Höhere Schulen: Allgemeinbildende höhere Schulen und berufsbildende höhere Schulen, wie Handelsakademien oder höhere technische und gewerbliche Lehranstalten, alle mit Reifeprüfung.

c) Hochschulen: Universität, Technische Hochschule, Hochschule für Welthandel, Hochschule für Bodenkultur und Montanistische Hochschule. Ausländische Hochschulen der vorgenannten Art sind den inländischen Hochschulen dann gleichgestellt, wenn die dort erworbenen akademischen Grade in Österreich nostrifiziert sind.

(12) Remuneration of supervisory bodies:
The remuneration of employees whose activity consists primarily and regularly in the supervision, management and instruction of groups of workers, such as supervisors, foremen, assembly managers and the like (but not subordinate supervisors), must exceed the maximum wage (not piecework wage) specified in the collective agreement or collective bargaining agreement for the highest category of workers under their supervision, as follows:

Supervisors by 15%,
foremen and assembly managers by 20%,
head foremen by 25%.

The salary of the foremen, assembly managers and head foremen must at least be equal to the standard piecework rate or the wage of the subordinate workers.

§ 17 Credit towards the minimum basic salary

(1) Social allowances:
Family, household, women's and children's allowances may be taken into account in determining the minimum basic salary, so that the minimum basic salary is deemed to be achieved if, including these allowances, it reaches the level provided for.

(2) Commissions:
The minimum basic salary of a commission recipient is deemed to have been reached if his monthly gross salary plus the annual average commission reaches the minimum basic salary of the corresponding employment group.

(3) Remuneration:
If the total annual remuneration paid exceeds two months' salary, the provisions regarding minimum basic salaries shall be deemed to be met if 1/14 of the annual salary reaches the minimum basic salary of the corresponding employment group.

§ 18 Minimum wages and apprenticeship income

The minimum salaries and apprentice salaries, as well as the employment group examples and the practical training periods, are regulated in a separate collective agreement.

§ 18a Training Bonus

If the employer receives funding for an apprentice for excellent and good final apprenticeship examinations in accordance with the "Guidelines for the Promotion of In-company Training of Apprentices in accordance with Section 19c BAG", in the version dated January 27, 2011, the apprentice receives a one-off bonus. The bonus is €200 for good results and €250 for excellent results. A change to this funding for the employer in accordance with the above guidelines on Section 19c BAG results in the bonus for the apprentice being cancelled from that point onwards.

§ 18b Boarding School Fees

The boarding school costs incurred by the apprentice in a student residence intended for vocational school students in order to fulfil their professional obligations must be paid in advance by the trainer to the apprentice, transferred to the boarding school and reimbursed in such a way that the apprentice is left with at least one third of his apprenticeship income for the period corresponding to the duration of the boarding school, unless a higher entitlement arises from statutory provisions. *)
If the apprentice has completed a school year with excellent results and submits the annual report for the school year in question to the employer without delay, the trainer must reimburse the apprentice in full for the boarding school costs incurred in the school year in question.

*) see BGBl I No.154/2017, in force since 1.1.2018

§ 19 Collective agreement minimum basic salaries for part-time employees

For part-time employees, insofar as they are subject to this framework collective agreement, the minimum basic salary under the collective agreement to which they are entitled for full normal working hours is to be divided by 173 and then the value thus determined is to be multiplied by the number resulting from the agreed number of hours (monthly hours, weekly hours x 4.33).

§ 20 Travel Expenses Reimbursement

1. The following provisions shall not apply if travel expenses are reimbursed by a works agreement or individual contract or if travel expenses are compensated with an agreed flat rate or remuneration.

2. Definition of business trip:

a) A business trip occurs when an employee temporarily leaves his place of work to carry out an assignment assigned to him.

b) For the purposes of this provision, the place of work outside Vienna is an area of activity within a radius of 10 kilometres by road from the place of business, calculated as the centre, but in any case the municipal area. This also applies in particular to Graz and Linz.

c) 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 must leave the home. The business trip ends when the employee returns to the workplace or returns to the home when the trip is necessary.

3. Travel expense reimbursement:
In the case of business trips within the meaning of paragraph 2, the employee shall be reimbursed for the additional expenses incurred by the business trip in accordance with the following paragraphs.

a) To cover the additional personal expenses for food and accommodation associated with the business trip, the employee receives a travel allowance for each full calendar day. This is valid for 24 hours between midnight and midnight, with the exception of the outward and return journey days.

b) In the event of an uninterrupted absence of more than 6 hours, an expense allowance of € 6.66 shall be payable.

c) In the event of an absence of more than 11 hours – including travel time, excluding lunch break – an expense allowance of € 13.32 is due.

d) In the event of an absence of more than 11 hours – including travel time, excluding lunch breaks – and if the employment outside the permanent business requires an overnight stay away from home, a daily travel allowance of € 26.40 is due.

e) A travel allowance is to be paid for the first time for the day of the outward journey, namely in the amount of € 26.40 if the departure from the operating mode is scheduled before 12 noon, an expense allowance of € 13.32 if the departure is after 12 noon. For the day of the return journey, an expense allowance of € 13.32 is paid if the employee arrives at the operating mode before 5 pm as per the timetable, an expense allowance of € 26.40 if the arrival is after 5 pm

f) Overnight allowance:
If employment outside of the permanent company – including travel – requires an overnight stay away from home, the employee is entitled to an overnight allowance if the employer does not make the overnight stay possible in a reasonable manner. The overnight allowance is payable in the amount of €14.79. If the employee is unable to obtain reasonable accommodation for this amount, the overnight costs will be reimbursed upon presentation of a receipt; Unnecessary additional expenditure should be avoided here.

g) If a business trip requires an uninterrupted stay of more than 28 days in one place, the travel allowance due in accordance with point d) shall be reduced by 25 percent from the 29th day.

4. Business trips abroad:
Business trips abroad require the express permission of the employer. Compensation for travel costs and travel expenses must be specifically agreed upon before the start of the business trip.

5. Business trips outside normal working hours:
If employees drive the vehicle themselves on a business trip at the employer's request, the following rule applies to the driving time outside normal working hours:
For driving time outside of daily or weekly normal working hours, the pro rata part of the monthly salary (1/173) corresponding to the normal working hours is due per hour, with only full quarter hours being paid.
The basis for calculating the basic salary corresponds to the classification, but its amount is capped at the respective minimum basic salary of employment group III after 18 years in the employment group. This rule does not apply to employees who have to travel primarily in the course of their work, such as representatives, employees who are constantly traveling and other employees who are not tied to the organization of their daily work routine.

6. Expiry of claims:
Claims for travel expense reimbursement must be asserted to the employer within 4 months of the end of the business trip at the latest, otherwise they will expire.

§ 21 Final provisions, favorability clause

(1) Existing practices and agreements which are more favorable to employees shall remain unaffected.

(2) If a monthly salary existing at the time of entry into force of this collective agreement has already reached the relevant minimum basic salary pursuant to Section 16 of this agreement, no entitlement to a salary increase can be derived from the entry into force of the new minimum basic salaries.

Vienna, May 12, 2022

FEDERAL GUILD OF PLASTIC PROCESSORS

The Federal Guild Master:

Ing. Frank Böhler

The Managing Director:

Mag. Erwin Czesany

AUSTRIAN TRADE UNION CONFEDERATION
GPA, Department of Interest Representation

The Chair:

Barbara Teiber, MA

The Federal Managing Director

Karl Dürtscher

AUSTRIAN TRADE UNION CONFEDERATION
GPA, Department of Interest Representation

The Chairman:

Günther Gallistl

The Secretary:

Mag. Bernhard Hirnschrodt

Note:
Despite careful checking of all information on this website, errors cannot be ruled out. The accuracy of the content is therefore not guaranteed. The author is not liable.

Collective Agreement for Plastics Processors, Employees, valid from May 1, 2022

Collective Agreement for Employees in the Plastics Processing Industry

Table of contents

§ 1 Collective bargaining partners