- Applies to:
- Austria-wide
Note:
The framework collective agreement is only available as a PDF download.
savings bank
collective agreement
2022
Collective Agreement of 15 February 1991 in the current version and other collective agreements applicable in the savings bank sector
Note:
The current version of the savings bank collective agreement (SpKV) is a summary of the collective agreement of February 15, 1991 for employees of savings banks and all supplementary collective agreements agreed since then that have been incorporated. The appendix contains further collective agreement provisions applicable to employees of savings banks, and from page 85 onwards a selection of laws relevant to human resources.
The editorial deadline is July 12, 2022.
This is an internal working tool for the savings bank sector.
Since the collective agreement of February 15, 1991 came into force, the following supplementary collective agreements have been concluded:
- collective agreement "KV '92" of January 29, 1992
- collective agreement "KV '93" of January 15, 1993
- collective agreement "KV '94" of January 27, 1994
- collective agreement "M1" of June 1, 1994
- collective agreement "KV '95" of January 23, 1995
- collective agreement "Pension Reform" of January 27, 1995
- collective agreement "Pension Reform '95" of October 19, 1995
- collective agreement "KV '96" of January 22, 1996
- Collective Agreement "Scheme Reform 1997 and KV '97" of 28 January 1997
- collective agreement "KV '98" of December 17, 1997
- collective agreement of May 13, 1998
- collective agreement "KV '99" of February 9, 1999
- Collective Agreement "Pension Reform '99 (PR '99)" of December 2, 1999
- collective agreement "KV 2000" of January 31, 2000
- collective agreement "SpKV-Bildung" of January 31, 2000
- collective agreement "KV 2001" of February 21, 2001
- Collective Agreement "KV Saturday Afternoon and EURO Scheme" of November 26, 2001
- collective agreement "Educational Collective Agreement 2002" of 15 February 2002
- collective agreement "KV 2002" of April 18, 2002
- collective agreement of October 1, 2002
- collective agreement "KV 2003" of March 10, 2003
- collective agreement "PK-Überleitungs-KV" of 18 September 2003
- collective agreement "KV 2004" of March 25, 2004
- collective agreement "KV-Bildung 2004" of March 25, 2004
- Collective Agreement "New Salary Scheme" of March 17, 2005
- collective agreement "KV 2005" of June 2, 2005
- Collective Agreement "Design of the Minimum Yield Guarantee in Pension Funds" of November 24, 2005
- Collective Agreement "New Regulation of Protection Against Dismissal" of April 20, 2006
- collective agreement "KV 2006" of April 20, 2006
- Sparkasse education collective agreement of January 18, 2007
- collective agreement "KV 2007" of April 19, 2007
- collective agreement "Service Law 2007" of 21 June 2007
- collective agreement "KV 2008" of April 17, 2008
- Collective Agreement “Bank Robberies and Use of Violence” of June 26, 2008
- collective agreement "KV 2009" of March 26, 2009
- collective agreement "Advancement criteria" of March 2, 2010
- collective agreement "KV 2010" of March 18, 2010
- collective agreement "KV 2011" of 16 June 2011
- collective agreement "KV 2012" of 16 May 2012
- collective agreement "KV 2013" of 17 May 2013
- collective agreement "KV 2014" of May 28, 2014
- Sparkasse education collective agreement of November 20, 2014
- collective agreement "KV 2015" of September 17, 2015
- collective agreement "KV 2016" of June 22, 2016
- Collective Agreement "KV Saturday Afternoon" of September 6, 2016
- Sparkasse Education Collective Agreement 2016 of January 19, 2017
- collective agreement "KV 2017" of April 20, 2017
- Collective Agreement "KV Saturday Afternoon 2017" of April 20, 2017
- collective agreement "KV 2018" of June 21, 2018
- collective agreement "KV 2019" of June 28, 2019
- Collective Agreement - Future 1 of 14 January 2020
- collective agreement "KV 2020" of April 9, 2020
- Sparkasse Collective Agreement on Education of January 21, 2021
- Collective Agreement on Corona Testing of February 16, 2021
- collective agreement "KV 2021" of March 11, 2021
- collective agreement "KV 2022" of May 3, 2022
Table of contents
Art V Equal Opportunities in Austrian Savings Banks
Article VI Interpretation and Amendments
§ 1 General employment requirements
§ 4 Special employment requirements
§ 6 Issuance of service regulations
§ 11 Security in savings banks
§ 11a Bank robberies and use of violence
§ 13 Working hours and public holidays
§ 17 Entering the office premises
§ 19 Reporting of disciplinary offenses
§ 20 Special official duties of superiors
§ 21 Prohibition of accepting gifts
§ 27 Changes in status and residence
§ 32a Activity Group Definitions
§ 33 Recognition of previous periods of service for classification
§ 34 Time-dependent advancement
§ 34a Time-independent advancement
§ 36 Remuneration in Cases of Sickness
§ 41 Special reasons for absence from work
§ 42 Special leave for disabled people
IV. Termination of the employment relationship
§ 49a Inadequate fulfillment of official duties
§ 61 Overtime and Overtime Pay
II. Extraordinary Remuneration
§ 65 Rewards for suggestions for improvement
§ 67 Cost assistance for marriages, births and deaths
§ 70a Additional severance pay
§ 72 Entitlement to rest and pension benefits
§ 73 Types of rest and care benefits
§ 75 Pensionable service period
§ 76 Inclusion of statutory benefits
§ 76a Inclusion of pension fund benefits
§ 77 Payment of pension and pension benefits
§ 78 Inclusion of statutory severance pay claims
§ 81 Extinction of the right to rest and pension benefits
§ 83 Occupational Disability Pension
§ 86 Household allowance, child allowance
§ 87 Nursing Care Allowance Subsidy
§ 88 Widow's/widower's pension
§ 90 Nursing Care Allowance Subsidy
§ 94 Amount of household and child allowance
§ 95 Amount of the widow's/widower's pension
§ 96 Extent of the educational contribution
§ 97 Amount of the nursing care allowance
§ 98 Amount of the beneficial death
CB Financing of the pension commitment through a pension fund
§ 98a Works Agreement on Pension Fund Contributions
CC special rule section "Pension Reform '99"
§ 98b Scope of Part CC
§ 98c General and Definitions
§ 98d Pension fund contributions for permanent employees on the outsourcing date
§ 98e Pension fund contributions for definitive positions after the outsourcing date
§ 98f Further special regulations in pension fund contribution law
§ 98g Special regulations for rest and care benefits
§ 98h Transitional commissions
CD Special Rules for Company Pension Provision – Future
§ 99 Scope of Part CD
§ 99a Pension contributions
§ 99b Occupational Incapacity
§ 99c Incapacity for work (“work-related accident”)
§ 99d Common provisions for occupational and service incapacity (“service accident”)
§ 99e Death
§ 99 is omitted
Section 100 Savings Bank Education Collective Agreement
§ 101 Training Costs
§ 102 Equal Treatment Principle
§ 103 to § 119 are no longer applicable
I. Breaches of duty and punishment
§ 120 Type of breaches of duty and penalties
§ 121 Administrative Offenses
§ 122 Disciplinary Offenses
§ 123 Administrative Penalties
§ 124 Disciplinary Penalties
§ 125 Disciplinary treatment of pension recipients
§ 126 Conditional punishment
II. Disciplinary Commission
§ 127 Jurisdiction
§ 128 Composition
§ 129 Personal Requirements
§ 130 Term of Office
III. Disciplinary proceedings
§ 131 Initiation of the procedure
§ 132 Preliminary Investigation
§ 133 Investigation Report
§ 134 Procedural determination
§ 135 Disciplinary Attorney
§ 136 Defense Attorney
§ 137 Scheduling of the oral hearing
§ 138 Rejection of members
§ 139 Negotiation
§ 140 Consultation and Resolution
§ 141 Minutes of the Trial
§ 142 Disciplinary Decision
IV. Other provisions
§ 143 Limitation Period
§ 144 Suspension
§ 145 Legal Remedies
§ 146 Disciplinary Files
§ 147 Expiration of a Penalty
§ 148 Resumption of proceedings
§ 149 Costs of the proceedings
F. Travel Expenses Regulations
§ 150 Business Trips
§ 151 Reimbursement of travel expenses
§ 152 Reimbursement of expenses in the event of official transfer
§ 153 Transitional provisions for the entry into force of the revised travel expenses regulations
§ 154 Boarding School Fees
§ 155 Reimbursement of travel expenses for apprentices
§ 156 to § 161 are no longer applicable
§ 162 Salary Scheme
§ 163 Apprenticeship Compensation
§ 164 Reduction levels for pension determination
§ 165 University of Applied Sciences Compulsory Internal Compensation
§ 166 Occupational health care
§ 167 Transition to the new salary scheme
§ 168 Establishment of results- and performance-based payment
Annexes and other provisions
Appendix 1: New salary scheme
Appendix 2: Technical Annex to PR '99 - TA
- TA I Technical part for outsourcing as of 12/31/99
- TA II Technical part for the calculation of BU, DU and administrative pension
- TA III List of abbreviations for TA
Sparkasse Collective Agreement on Education
General Provisions
Art I Scope
Art II Commencement and Duration of Effectiveness
Art III Works Agreements
Art IV Transitional Provision
Art V equal treatment
Art VI Interpretation
Art VII Basic Principles of Qualification
- equal opportunities and accessibility
- framework conditions for learning
- choice of appropriate learning formats
Art VIII KV Education Commission (KV-BiKo)
Art IX Special Provisions
1. Basic training for all employees regardless of function
§ 1 General
2. Training dependent on specific tasks, role and function
3. Individual qualification beyond the task
4. Rights and obligations to ensure qualification
§ 1 Rights and obligations of managers
§ 2 Rights and obligations of the savings bank
§ 3 Rights and obligations of employees
5. Learning support, examinations, results, dates, dispensation, reimbursement of training costs
§ 1 Learning Support
§ 2 Examinations
§ 3 Results
§ 4 Examination costs
§ 5 Dispens
§ 6 Reimbursement of training costs
6. Definitions/Descriptions
Collective Agreement on the Calculation of Remuneration in Accordance with Section 6 of the Holiday Act
Collective agreement of February 8, 1988 concerning the reduction and flexibilization of working hours in credit institutions
collective agreement "KV Saturday afternoon"
collective agreement on corona testing
Selection of some laws
Change compared to the text edition "Sparkassen Collective Agreement 2021"
Since the 2021 edition, the following innovations have been introduced:
Collective Agreement “KV 2022”:
- Adjustment of the variable values from April 1, 2022.
- Increase in standard salaries by 3.25% and increase in child allowances by 3.3% (Section 162, Paragraph 1).
- Increase in apprenticeship compensation by 3.5% (§ 163).
In addition, the "KV 2022" in Article I paragraph 3 letter a grants apprentices with whom the training model "apprenticeship with Matura" has been or will be mutually agreed upon, the right to paid learning time of 1 week or 5 working days per apprenticeship year to prepare for the vocational Matura.
collective agreement
The following collective agreement is concluded between the Austrian Savings Banks Association, Vienna, after referred to as the Savings Banks Association, and the Austrian Trade Union Federation, Union of Private Employees, Money and Credit Section, Vienna, after referred to as the Trade Union .
General Provisions
Article I Scope
(1) This collective agreement applies, on the one hand, to the Austrian savings banks, Bankhaus Krentschker & Co. AG, the building society of the Austrian Savings Banks Aktiengesellschaft, the Austrian Savings Banks Association, the Savings Banks Auditing Association, the regional associations and the savings bank stock companies into which the savings banks have contributed their entire business or part of their banking operations in accordance with Section 8a of the Banking Act or Section 92 of the Banking Act and which are members of the Austrian Savings Banks Association. On the other hand, it applies to their employees and their recipients of pensions and benefits.
(2) This collective agreement shall not apply to employees who are employed to perform white-collar work on a temporary or casual basis for a period not exceeding three months, nor to workers or operators, agricultural employees, interns and volunteers.
(3) This collective agreement shall only partially apply to the following categories of persons:
a) For apprentices, only Sections 13, 38, 39, 41, 42, 43a, 45, 61 and 163 as well as Part F of this collective agreement apply. Apprenticeship periods at the savings bank as well as waiting periods in accordance with the MSchG or VKG during the apprenticeship will be credited towards all service-related claims, with the exception of those relating to classification, in an employment relationship at the savings bank beginning on or after January 1, 2020 after the apprenticeship.
If the savings bank agrees the "apprenticeship with school leaving certificate" training model with an apprentice, the apprentice must be granted one week (5 working days) of paid "learning time" per year of training for the vocational school leaving certificate to be completed in connection with the apprenticeship training. Existing company models that provide for such periods of leave or credit towards working hours can be included in this paid "learning time".
b) For students of a university of applied sciences completing the compulsory internship required by the study regulations, this collective agreement applies only with regard to the provisions on working hours (Section 13), overtime pay (Section 61), compensation for compulsory university of applied sciences trainees (Section 165) and travel expenses (Part F).
c) For employees who are employed on a marginal basis and are expected to be employed for longer than three months (paragraph 2) in accordance with Section 5 (2) ASVG, this collective agreement applies in the following parts: Sections 1 to 9, 11 to 71, 120 to 162. Due to the lack of application of the examination regulations, these persons also do not fall within the scope of the Sparkasse collective agreement on education. [1]
d) For members of the Executive Board, this collective agreement applies only with regard to the commissions on working hours (Section 13), overtime pay (Section 61), severe pay (Sections 70 and 71) and travel expenses (Part F).
[1] Article I, 3, letter c of the SpKV entered into force on 1 January 2004, so that from that date the SpKV also largely applies to marginally employed paragraphs in accordance with Section 5, paragraph 2 of the ASVG.
(4) Until the SpKV is re-published in a consistently gender-neutral manner, the chosen form shall apply to all personal designations used therein (eg employee, employer) within the meaning of Section 1 (4) of the Equal Treatment Act both sexes.
Article II Works Agreements
(1) The institutes and companies listed below are authorised to make changes and additions to this collective agreement by means of works agreements with regard to employment, duties and rights of employees, termination of employment, salary, pension, examination, travel expenses and disciplinary regulations:
Dornbirner Sparkasse Bank AG,
Steiermärkische Bank und Sparkassen Aktiengesellschaft,
Tiroler Sparkasse Bankaktiengesellschaft Innsbruck,
Allgemeine Sparkasse Oberösterreich Bankaktiengesellschaft,
Kärntner Sparkasse Aktiengesellschaft,
Salzburger Sparkasse Bank Aktiengesellschaft,
Erste Group Bank AG,
Erste Bank der oesterreichischen Sparkassen AG,
Bausparkasse der österreichische Sparkassen AG,
Austrian Savings Banks Association,
Savings Banks Auditing Association.
The same applies to savings banks in which one of the above-mentioned institutions or the share management savings bank (savings bank foundation) that holds the majority share in one of the above-mentioned institutions holds at least a 75% stake.
(2) The matters referred to in paragraph 1 may, with regard to employees who, as field staff of the building society, receive regular closing remuneration, etc. in addition to a fixed salary, only be regulated by a works agreement separate from the works agreement referred to in paragraph 1, and without taking into account any commission existing in this collective agreement (which are therefore less favorable in detail).
However, this works agreement as a whole may not be less favorable than the collective agreement.
Article III Effective Date
The provisions of the collective agreement "KV 2022" apply from April 1, 2022.
Article IV Favorability Clause
No employee or pension recipient may have their salary or pension benefits reduced as a result of this collective agreement. More favorable rights of employees or pension recipients contained in works agreements or individual contracts that are in force at the time this collective agreement comes into force remain intact. More favorable regulations regarding pensionable service and pension assessment remain in force for the persons affected by them even if they have not been set out in individual agreements.
Article V Equal Opportunities in Austrian Savings Banks
The collective bargaining partners want to ensure a better balance between family and work beyond what is required by law. At the same time, they actively contribute to ensuring equal treatment and achieving equality between women and men in the company and support measures to promote the professional development of women in the savings banks.
Article VI Interpretation and Amendments
(1) Any disputes of principle arising from the interpretation of this collective agreement shall be settled by an arbitration commission composed of three representatives each of the Savings Banks Association and the trade union.
(2) Amendments to this collective agreement may only be agreed in writing between the Savings Banks Association and the trade union.
Article VII Termination
This collective agreement is concluded for an indefinite period of time. It can be terminated by either party at any time with three months' notice.
Article VII (A) Equal Treatment
Within the scope of the Collective Agreement – Future 1, the female form is uniformly chosen for personal designations, particularly as a sign of the high importance attached to gender diversity in the Savings Bank Group; in accordance with the Equal Treatment Act, this naturally applies to all employees regardless of their gender.
Article VIII Contents
In the parts
A. Service regulations
B. Salary regulations C.
Pension
regulations D. Examination regulations
E. Disciplinary regulations
F. Travel expenses regulations
G. Appendix
The service law is regulated in detail as follows:
A. Service Regulations
I. Employment
§ 1 General employment requirements
(1) The following are generally required for employment:
(a) Austrian citizenship or the nationality of an EEA Member State,
b) an age of at least 15 and not more than 40 years (excluding senior management),
c) an honorable previous life,
d) the mental abilities necessary to fulfill the duties of the service and
e) medical suitability, which is to be determined by the Savings Bank's medical officer.
(2) The employer shall inform the works council of any new employees before they are appointed to the establishment or, if this proves impracticable, at the latest at the time of their registration for social insurance.
§ 2 Grounds for Exclusion
(1) The following persons shall be excluded from employment:
(a) persons who have been sentenced by a domestic court (or a court of an EEA Member State) to a term of imprisonment of more than one year for one or more criminal offenses committed intentionally,
b) Persons who have been dismissed from their employment for a reason that would also be considered a reason for dismissal at the Savings Bank,
(c) persons whose freedom of action is restricted for reasons other than minority,
d) Parents, children, siblings and the spouse of a member of a body or an employee of the Savings Bank.
(2) Any person who has obtained employment fraudulently despite the existence of a ground for exclusion shall be dismissed.
§ 3 Structure of employees
The employees are divided into:
a) Employees in commercial employment:
These are employees who are employed in commercial employment on the basis of their previous training or who are taken on after joining the group of commercial employees (activity group B and higher);
b) Employees in other employment:
These are employees who provide banking technical services (activity group A).
§ 4 Special employment requirements
(1) The following are required in particular for employment:
a) for employees in commercial employment, the successful completion of the school leaving examination at a general or vocational secondary school or the successful completion of a commercial school with public law, exceptionally the successful completion of compulsory schooling and at least four years of relevant practical experiences;
b) for employees in other employment, successful completion of compulsory schooling.
(2) Employees in commercial employment must provide evidence of successful completion of the BASIC training in accordance with Article IX, Section 1 of the Savings Bank Collective Agreement on Training by the end of their third year of service at the latest, failing which their employment relationship will be terminated.
§ 5 Application form
The applicant for employment must submit a handwritten application with a curriculum vitae to the savings bank, provide evidence of the existence of the general and special employment requirements (§§ 1 and 4) and expressly declare that none of the reasons for exclusion listed in § 2 apply.
§ 6 Issuance of service regulations
Each employee must be given the collective agreement and the work instructions applicable to him/her upon taking up employment.
§ 7 Promise of Service
(1) Every employee shall, after his or her employment, promise to strictly comply with the service regulations, to conscientiously fulfill his or her official duties and to strictly observe banking and data secrecy.
(2) If this promise of service takes place in a special form, a member of the works council shall be involved.
(3) The promise of service shall be recorded in a record and signed by the employee.
§ 8 Fixed-term employment
(1) As a rule, the employment shall initially be for a period of three months (fixed-term employment), with the first month being considered a probationary month within the meaning of the Salaried Employees Act.
(2) The employment relationship shall end at the end of the agreed period unless it is previously extended in writing.
(3) If a fixed-term employment relationship is extended, it shall be deemed to be terminable within the meaning of Section 9.
§ 9 Terminable employment
If the employment is not fixed in time, the employment relationship can be terminated in accordance with the provisions of the Salaried Employees Act or Section 49 of the collective agreement (terminable employment). In this case, too, the first month counts as a probationary month.
§ 10 Permanent employment
(1) Permanent employment means taking on a permanent employment relationship that entitles the employee to a pension in accordance with the pension regulations. Such an employment relationship may only be terminated in accordance with the specific provisions of this collective agreement.
(2) The number of permanent employees must be at least 70% of the number of employees who have worked for the savings bank for more than 10 years without interruption ("waiting period") after reaching the age of 20. The service periods of part-time employees are to be taken into account in this regard (as well as in relation to Section CA of the savings bank service law) at least from 1 January 1993. Interruptions of the uninterrupted waiting period regulated in the first sentence of a maximum of 3 months do not lead to the loss of the service periods previously spent in the savings bank; service periods for which severance pay was paid after 1 February 1999 are not to be taken into account with regard to the uninterrupted waiting period regulated in the first sentence. If employees are taken on as permanent employees without completing the required service period, they are only counted towards the 70% when the required service period is reached. This ratio is determined at the end of each year, with any resulting fractions being rounded up. The quota of 70% must be reached by 31 March of the year following the determination at the latest.
(2a) Of the number of employees determined at the end of the previous year to achieve the quota of 70%, only 80% are to be taken on as permanent employees in 2007 (by 31 March at the latest), only 40% in 2008 and only 20% in 2009, with any resulting fractions being rounded up. From 1 January 2010, no new permanent appointments will be made.
(2b) The total number of employees for whom pension fund contributions are paid in accordance with Section 98e at the end of the transitional period (Section 98h (3)) without being taken on as permanent employees shall be counted towards the quota of 70% .
(3) The permanent appointment shall be made after 10 years of service with the savings bank from the age of 20 onwards and after obtaining the opinion of the works council, if
a) the previous service was satisfactory,
b) the full medical suitability has been re-established by the Sparkasse's medical examiner,
c) proof of successful completion of the savings bank examination provided for the salary group concerned is provided (Section 99 in the version of 31.12.2006) and
d) the number of permanent employees in the savings bank is less than 70% of the number of employees who have completed at least 10 years of service in the savings bank after reaching the age of 20.
e) If more than 70% of the employees in a savings bank as per paragraph 2 meet the requirements under paragraph 3 letters a to c and the requirement under paragraph 3 letter d is met, the length of the employment relationship is decisive for entitlement in Such a way that employees with longer service are to be definitely appointed earlier. If the length of service is the same, older employees are to be given preference.
(4) Every employee has the right to apply for permanent employment. The award of permanent employment and the period of service eligible for pension at that time in accordance with Section 75 must be communicated to the employee in writing. The employee must also be informed if his application for permanent employment is rejected. The works council must be informed.
(5) An employee who has been deprived of his/her permanent employment due to a disciplinary penalty pursuant to Section 124 Paragraph 1 Letter h as a result of a disciplinary decision or a procedure pursuant to Section 49a shall not be taken into account in the determination of the ratio within the meaning of Paragraph 2. This shall apply until the Savings Bank grants this employee a permanent employment contract (concerning fundamental non-dismissibility) on a voluntary basis.
§ 11 Security in savings banks
(1) Safety at workplaces in institutes must be appropriate to local conditions and the size of the institute.
(2) Safety equipment and training shall be designed to reduce or prevent risks to the life and health of employees.
(3) At the request of the works council, the necessary measures (in particular the minimum safety equipment, security requirements for the transport of money and valuables and the like, minimum level of safety training for employees) shall be discussed with the works council .
§ 11a Bank robberies and use of violence
(1) The credit institution shall ensure that employees and apprentices are trained and instructed in accordance with the nature of their activity and employment in the company and the type of workplace with regard to the dangers and risks associated with bank robberies and the associated use of violence directed against the employee in this capacity (eg hostage-taking, bomb threats).
(2) Training and instruction measures must be carried out in such a way that employees and apprentices are given the necessary safety-related knowledge for the specific workplace in which they are employed in close temporal proximity - ideally immediately - to the commencement or change of their activity. In particular, they must include preventive measures, behavior in the event of an attack and suitable support measures. In addition, care must be taken to ensure that this knowledge is refreshed through regular instructions and exercises - ideally once a year - and is also deepened as needed or in response to specific circumstances (eg alarm tests).
(3) Employees and apprentices who, in their capacity as such, are affected by a bank robbery or a related use of violence (eg hostage-taking, bomb threat) shall be offered a discussion with a psychosocial specialist with experience in the field of violent trauma in close temporal proximity to the incident, if possible on the same day, and, in addition, appropriate therapeutic psychological aftercare, taking into account the benefits of the social insurance institutions.
II. Duties of employees
§ 12 General Obligations
Employees are obliged to carry out their duties with due attention, reliability, loyalty, diligence, enthusiasm and punctuality, in conscientious compliance with this collective agreement, the relevant legal provisions, the instructions and orders, and to always protect and promote the interests of the savings bank. No one can use ignorance of existing regulations as an excuse.
§ 13 Working hours and public holidays
(1) The normal weekly working hours, excluding rest breaks, are 38.5 hours [2] . The daily working hours are generally set by the savings bank in agreement with the works council or, in individual cases, in agreement with the employee (agreed working hours). Works agreements on flexible working hours, flexitime or similar must be observed.
[2] The collective agreement of February 8, 1988 concerning the reduction and flexibilization of working hours in credit institutions introduced the 38.5-hour week; it is reproduced in the appendix.
(2) Work that exceeds normal working hours should be avoided if possible, but can be ordered by the savings bank if necessary, taking into account the provisions of the Working Hours Act. Any agreed working hours that exceed the working hours (normal working hours) of full-time employees are considered overtime. Any working hours that exceed the agreed part-time working hours but are less than the normal working hours of full-time employees are consideredadditional hours . Overtime or extra work of less than a quarter of an hour per day immediately before the start or after the end of normal working hours are not considered additional hours or extra work. Completed quarter hours are remunerated as half hours, and completed three-quarters of an hour as full hours. An additional work allowance is payable for additional work in accordance with Section 61 Paragraph 1; overtime pay is payable for overtime work in accordance with Section 61 Paragraph 2.
(3) Working time flexibility measures by means of works agreements:
a) By means of a works agreement on flexible working hours in accordance with Section 4b of the Working Hours Act (AZG), an extension of the daily normal working hours to 10 hours is permissible.
b) For employees in accounting, for employees in organizational and IT departments who are directly or indirectly involved in work for the annual financial statements, as well as for employees of auditing associations or employees who audit member institutes on behalf of an association, the following flexibility options can be provided for by works agreement within the meaning of Section 4 (6) to (9) AZG:
- calculation period maximum 52 weeks,
- weekly normal working hours maximum 48 hours,
- Daily normal working hours maximum 10 hours, if a consecutive time off of several days is possible.
c) A 4-day week can be provided for by works agreement within the meaning of Section 4 Paragraph 7 of the AZG, whereby the daily normal working time can be extended to a maximum of 10 hours if the total weekly working time is regularly distributed over 4 days consecutively.
d) In the case of on-call work, a maximum of 60 hours of normal working time per week and a maximum of 12 hours of normal working time per day can be stipulated by works agreement within the meaning of Section 5 of the AZG.
(4) There is no duty on Holy Saturday, Whit Saturday and 24 December, as well as on public holidays and Sundays. In addition, Good Friday is a day off for members of the Protestant and Old Catholic faiths, and Yom Kippur is a day off for members of the Mosaic faith.
(4a) The day of the state patron saint is a working day, unless it falls on a day that is considered a day off according to (4). For such a working day, all active employees are entitled to compensatory time off at a ratio of 1:1, if and as long as this day is observed as a public holiday by law or by a state authority regulation and is generally declared a day off for state employees.
With employees who have to look after school-age children living in the same household, the use of compensatory time off must be determined primarily on the state holiday, taking operational requirements into account.
(5) Employees who have satisfactorily completed 25 or 40 years of service at the savings bank shall have a day off on the anniversary day. Employees whose employment relationship with the savings bank begins after 31 December 2019 shall have a day off on the anniversary day for 20 years, 30 years and 40 years of service.
(6) If employees are employed on 1 January and/or 6 January for urgent accounting and postal work for the preparation of the annual financial statements in the organizational units responsible for this, the number of people to be employed must be determined in agreement with the works council. In general, overtime pay is due for hours worked on public holidays, including any overtime. The following must be determined by works agreement or in agreement with the works council:
- a working time framework (start and end of holiday work),
- an annual plan for the employees' work assignments, whereby an employee should not work on more than 5 public holidays if possible,
- Regulations for employees whose overtime is not accounted for individually, as well as for employees who are employed on more than 5 public holidays per year.
§ 13a Sabbatical
(1) A sabbatical exists when, due to a special distribution of working hours, the time off is used in consecutive periods of several weeks.
(2) The sabbatical shall be agreed in advance between the employer and the employee; in particular, the start date, duration and number of working hours in the savings phase and the start date and duration of the leisure phase shall be specified.
(3) In order to build up a sabbatical, the normal weekly working hours may be extended to up to 48 hours in individual weeks of an averaging period of more than 52 weeks. The normal daily working hours may not exceed ten hours.
(4) The calculation period for a sabbatical must not exceed five years. The accumulated time credit must also be used within this period. The entire calculation period (including the leisure phase) is to be taken into account for all legal claims based on the length of service.
(5) If there is an extension of the normal working hours as defined in (3), the employee is still entitled to the monthly remuneration to which he/she is entitled under this collective agreement. For the hours worked in the savings phase in excess of the normal working hours as agreed in the collective agreement, no separate overtime remuneration is due; These hours are to be worked off in the leisure phase, during which the employee is also still entitled to the monthly remuneration to which he/she is entitled under this collective agreement (including any compensation allowance due in accordance with Section 167).
(6) At the latest before the start of the agreed leisure period, the employer and employee must agree whether hours which have been worked in exceptional circumstances beyond the scope required for the intended leisure period in agreement with the manager can be used immediately after that agreed leisure period or even after the five years have elapsed or whether they are to be compensated. If no such agreement is reached, these hours are to be compensated in the form of overtime.
(7) After returning from the sabbatical, an appraisal interview within the meaning of Section 34c (2) shall be conducted with the employee within a maximum of six months to check whether a promotion criterion has been met.
(8) The present collective agreement on sabbaticals is to be specified in a voluntary works agreement or, in individual cases, by individual agreement. In particular, the following points should be regulated therein:
a) personal scope of application,
b) temporal scope,
c) Conditions of participation,
d) calculation period and consumption of the saved time,
e) amount of hours saved,
f) claims based on the length of service,
g) entitlement to the 13th and 14th monthly salary,
h) entitlement to extraordinary remuneration or performance-related payments,
i) entitlement to pension fund contributions,
j) reintegration measures after the sabbatical,
k) resignation options for the employee and the employer,
l) the amount of compensation for the hours saved in the event of withdrawal from the sabbatical or termination of the employment relationship,
m) Receiving flat-rate overtime payments.
(9) Company sabbatical regulations already in place as of February 1, 2005 remain unaffected by these provisions. The extent to which the collective agreement model of a sabbatical has been accepted in company practice and whether it has proven successful will be examined by a joint evaluation by the collective agreement parties after December 31, 2008.
§ 14 Official Employment
The assignment of the service results from the employment relationship in general and from the nature of the service in particular. There is no entitlement to a specific job.
§ 15 Professional training
Employees are obliged to expand their professional knowledge as best as possible and to make use of all opportunities offered to them by the savings bank for this purpose. The savings bank will provide them with appropriate access to specialist literature and other training opportunities for this purpose.
§ 16 Conduct on duty
(1) Employees must behave in a collegial and polite manner towards all co-workers.
(2) Mutual support and representation in all official duties shall be provided even without special request if the interests of the enterprise so require.
(3) Great attention must be paid to customer service. Customers must be served promptly and courteously and advised conscientiously.
§ 17 Entering the office premises
(1) Employees may not enter or remain in the office premises outside of working hours. Exceptions require the permission of the savings bank. In this case, the employee is obliged to lock the rooms during their stay and when leaving and to ensure that safety is not compromised in any way.
(2) Persons not employed by the company may not, as a general rule, be permitted to stay in the company premises for private purposes. The savings bank may make exceptions.
§ 18 Duty of confidentiality
(1) The employees are obliged, within the meaning of Section 38 of the Banking Act (banking secrecy), neither to disclose nor to exploit facts and other matters which have been entrusted to them or made accessible to them exclusively on the basis of the business relations with the customers; Likewise, the strictest secrecy must be maintained with regard to all other internal company matters or circumstances which have become known in the performance of their duties.
(2) Data processed using automated means which have been entrusted or have become accessible solely on the basis of professional activity may, without prejudice to other confidentiality obligations, only be transmitted on the basis of an express official instruction or an individual order from a superior (data secrecy - Section 6 DSG). [3]
[3] Printed in the appendix as well as Section 38 BWG.
(3) This duty of confidentiality shall continue to apply even after termination of the employment relationship.
(4) The making of records and copies of business transactions as well as the removal of business papers and files from the office premises for private purposes is strictly prohibited.
§ 19 Reporting of disciplinary offenses
Every employee is obliged to immediately report any perceived misconduct to the responsible supervisor, regardless of the person who committed it. Anyone who fails to do so is complicit.
§ 20 Special official duties of superiors
(1) Supervisors must inform their employees of the service regulations and ensure that they are strictly observed and that the service is carried out properly.
(2) They shall distribute the work effectively and in such a way as to avoid overtime wherever possible.
(3) They must arouse and constantly promote the interest of their employees in the best possible workflow and in the favorable development of the savings bank.
§ 21 Prohibition of accepting gifts
The acceptance of gifts or other benefits that are offered directly or indirectly to the employee or his or her family in connection with official duties and that are likely to cast doubt on his or her complete impartiality in official matters is prohibited without the consent of the responsible superior.
§ 22 Prohibited Transactions
Unless ordered or permitted by the savings bank, all employees are prohibited from engaging in any type of speculative transactions for their own or third-party account or from participating in such transactions. This also applies to offering and arranging banking and real estate transactions.
§ 23 Indebtedness
Every employee must organize his or her financial management according to his or her income. Accepting payment and guarantee obligations that exceed his or her income and assets is prohibited. Court bans or attachments, if not lifted within a reasonable period of time set by the savings bank, will result in disciplinary proceedings being initiated.
§ 24 Secondary employment
(1) Employees are obliged to report any secondary employment to the Savings Bank. The Savings Bank may, after consulting the Works Council, prohibit the exercise of secondary employment if it
a) is contrary to the interests of the Savings Bank or
b) even partially disrupts the performance of the service or the maintenance of the working capacity, or
c) by its nature and quality, impairs the full impartiality of the employee in the performance of his duties or
d) does not correspond to the reputation of a savings bank employee.
(2) The exercise of a secondary employment may be prohibited at any time after consultation with the works council if one of the circumstances listed above subsequently occurs or becomes known.
§ 25 Absence from work
(1) Except in the case of illness or other unforeseeable or unavoidable impediment, no employee may be absent from work without the prior authorization of the Savings Bank.
(2) During working hours, the employee may only leave the office premises with the consent of the responsible supervisor.
(3) Any inability to work must be reported immediately to the immediate superior. The return to work must be reported in the same way.
(4) The employee who is unable to work must provide the Savings Bank with evidence of the reason for the absence upon request. In the case of illness lasting more than three working days - or, in agreement with the Works Council, even if the illness lasts for a shorter period - the Savings Bank may request a medical certificate.
§ 26 Storage of keys
Employees are responsible for carefully storing the keys given to them. In the event of an employee being unable to work or on the instructions of the responsible supervisor, the keys must be handed over to the specially designated employees in a timely manner so that disruption to operations is avoided. Every key handover must be entered immediately in the key log book.
§ 27 Changes in status and residence
(1) Every employee must immediately inform the Savings Bank of any changes in his or her status and submit the relevant documents.
(2) Any change of residential address must be reported to the Savings Bank immediately.
§ 28 Conduct outside of duty
Every employee must behave appropriately to his or her position outside of work and avoid anything that could damage the reputation of the savings bank.
§ 29 Competition Clause
Agreements pursuant to Section 36 of the Employees Act can only be made with employees who have completed at least the BASIC training in accordance with Article IX, Section 1 of the Savings Bank Collective Agreement on Education.
III. Rights of employees
§ 30 Remuneration
(1) Employees are entitled to the remuneration associated with their employment in accordance with Section B (Salary Structure). Payment shall be made by crediting a current account (salary account) held at the Savings Bank.
(2) Employees shall bear the statutory taxes and contributions payable from their salaries themselves.
§ 31 New salary scheme
The new salary scheme (Appendix 1) comes into force on 1 January 2005 for all employees; it consists of eight activity groups (AH), each with nine levels (1-9).
§ 32 Classification
(1) Upon entry into service, the Savings Bank shall classify employees into one of the job groups of the new salary scheme.
(2) The classification shall be based on the activity predominantly performed by the employee in the savings bank in accordance with the job descriptions contained in Section 32a.
(3) Eliminated as of January 1, 2020.
(4) Savings bank employees are generally to be classified in level 1 of the relevant activity group, unless previous periods of service are taken into account in accordance with Section 33 (so-called "school leavers") or (6) applies. Savings bank employees who begin an employment relationship with the savings bank after 31 December 2019 after successfully completing their apprenticeship as a bank clerk are to be classified in level 2 of activity group C.
(5) Eliminated as of January 1, 2020.
(6) Employees who have successfully completed a master's degree in economics and/or law and/or other relevant subjects at a university or technical college shall be classified in job group D, level 1. Successful completion of a degree not listed in the first sentence shall result in classification in job group C, level 3.
§ 32a Activity Group Definitions
The activity groups are defined by job descriptions as follows (the job descriptions given are only example [4] ):
Activity group A
Savings bank employees in non-commercial (other) employment who mainly carry out manipulative, technical or administrative work.
Examples: discount clerk; craftswoman
Activity group B
Savings bank employees in commercial positions who carry out schematic work according to guidelines and precise instructions.
Examples: Savings bank employees in the service area of a branch who are responsible for customer reception, technical assistance, forwarding and the simplest processing; clerks who carry out contract work; general assistance
Activity group C
Savings bank employees in commercial positions who carry out simple business transactions or organizational tasks in accordance with general guidelines and instructions.
Examples: Savings bank employees in customer service without an independent service portfolio; assistants for individual customer advisors; assistants with simple organizational tasks; senior clerks
Activity group D
Employees in commercial employment who are primarily entrusted with the independent processing of standard business cases.
Examples: Customer service representative – private - standard; senior assistant, assistant for commercial customer service representative, consultant
Activity group E
Employees in senior commercial positions who are primarily entrusted with the independent handling of complex business cases or with independent processing of matters.
Examples: Customer advisor – private - individual; Customer advisor – private - individual investment; Customer advisor – private - individual residential construction; senior consultant
Activity group F
Employees in senior commercial positions who are primarily entrusted with the independent processing of complex business transactions or with their control or whose work involves personnel responsibility; work of specialists with an independent area of activity.
Examples: Customer service representative - commerce; Customer service representative - freelance professionals; Residential construction specialist; investment specialist; private bankers; Head of branch offices/departments; Specialists
Activity group G
Employees in senior commercial positions that involve a high level of responsibility and personnel management or the work of highly qualified specialists with a large area of independent responsibility.
Examples: Head of large branches/departments; branch manager of a large branch office; head of risk management; corporate customer advisor; expert
Activity group H:
Senior employees who perform key management tasks and have to make decisions that have a significant economic impact on the savings bank. In addition, employees with functions that are equivalent to senior employees.
Examples: Regional Manager or Department Manager
[4] The classification may differ from the example job descriptions – for example due to the specific organizational structure of a savings bank.
§ 33 Recognition of previous periods of service for classification
(1) Periods of service spent at savings banks or other credit institutions in the activity group determined pursuant to Section 32 (2) shall be counted as previous periods of service towards the defined standard period of service (Section 34 (3)) in the following manner, starting from level 1:
a) Periods of service during which activities were carried out that correspond to the current activity in the savings bank or a job description of a higher activity group are to be fully credited,
b) Periods of service during which activities were carried out that correspond to the job description of a lower than the specified activity group
ba) when classified in the activity groups AC full,
bb) to be counted as half when classified in the activity groups DH.
(2) At least one third of the periods of service completed by employers other than credit institutions and usable for the savings bank shall be counted as previous periods of service in the specific activity group.
(3) Prior periods of service spent abroad shall be taken into account under the same conditions as prior periods of service spent in the country, provided that the employee provides suitable evidence.
(4) In the case of creditable previous periods of service, fractions of a year shall be counted as a full year if they amount to at least six months; otherwise they shall not be taken into account. If there are several previous periods of service, this shall only apply to the total of the creditable previous periods of service.
§ 34 Time-dependent advancement
(1) Time-based advancement takes place after the expiry of the standard period of service defined in years for the individual levels. The advancement date is January 1 of each year.
(2) If an employee joins the Savings Bank before 1 October of a year, a full year of the period of service at a level shall be deemed to have been completed as of 31 December. However, if he/she joins after 30 September of a year, the period of service completed in that year shall not be counted towards the period of service.
(3) The standard length of stay in each stage is defined in years as follows:
| A | B | C | D | E | F | G | H | |
| 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
| 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
| 3 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
| 4 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 |
| 5 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 |
| 6 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 |
| 7 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 |
| 8 | 4 | 4 | 4 | 4 | X | X | X | X |
| 9 | X | X | X | X | X | X | X | X |
(3a) For savings bank employees who are classified as so-called school leavers in accordance with Section 32 (4) in level 1 of an activity group, the period of stay in that level shall be reduced once to three years if they advance to level 5 of an activity group for the first time and regardless of whether they meet any of the advancement criteria.
(4) Periods of parental leave taken by an employee after 1 January 2005 under the Maternity Protection Act or the Fathers' Parental Leave Act or leave for the purpose of end-of-life care under the AVRAG are to be counted towards the defined standard period of leave. In any case, the counting ends with the first (time-dependent) promotion of the employee on parental leave.
§ 34a Time-independent advancement
(1) Employees who are classified in a level with a standard four-year period of stay (activity groups AD, levels 5-8 and EH, levels 5-7) advance one level within the activity group before the end of the standard period of stay if they meet the requirements for an advancement criterion defined in Section 34c. The advancement date does not depend on the time of the assessment: If the assessment is carried out before the end of the underlying one-year assessment period, the advancement date is the next January 1st; if it is carried out after the underlying one-year assessment period, the advancement date is retroactively the last
January 1st. The years of stay completed in the level before the time-independent advancement are to be credited towards the new level.
(2) (Annual quota) Time-independent advancements are to be granted annually to at least 6% of the total number of employees (calculated per head) classified as of January 1 of a year (after any time-dependent advancement) in the AD job groups, levels 5-8 and EH, levels 5-7. The result of the calculation is to be rounded up or down to the nearest whole number. If, within three consecutive advancement dates, no time-independent advancement is made as a result of commercial rounding, a time-independent advancement must be made for at least one employee, effective as of the next advancement date. After this, the observation period begins again.
§ 34b Extraordinary Promotion
Employees advance to level 9 of the EH activity groups only after fulfilling the requirements for a promotion criterion defined in Section 34c on the advancement date pursuant to Section 34a (1).
§ 34c Promotion criteria
(1) The savings bank shall determine whether a criterion for advancement has been met in accordance with (2) if employees demonstrate above-average qualifications and/or exceptional performance in the areas listed below as examples and the descriptions defined therefor, which go beyond their function-specific requirements and are specifically useful for their work at the savings bank, in a sustainable quality.
Quality of work
The employee performs his/her task with such high quality that improvements or additional checks are rarely necessary.
The employee actively participates in measures to ensure the quality of services or work processes.
The employee performs tasks - related to non-commercial activities - with particular skill and care.
Task mobility
The employee takes on qualified tasks that go beyond his/her duties within or outside his/her organizational unit or within the framework of a project (repeatedly, but not predominantly).
The employee has temporarily (repeatedly, but not predominantly) taken on the role of representative of an employee in a higher activity group.
Implementation behavior
The employee, regardless of his/her personal responsibility for customers/colleagues, quickly and unbureaucratically brings about a solution in the interests of the customer/colleague and the company with high (service) quality.
Social competence
The employee ensures responsible, appreciative and conscious interaction with others and respects cultural differences.
In this sense, he/she repeatedly uses information and communication internally and externally, for example in negotiations, acquisition, representation, conflict resolution, moderation or cooperation as well as team building/team activities.
Transfer of knowledge and skills
The employee uses his/her knowledge, skills and experience to actively and user-orientedly pass on the information and knowledge relevant to his/her specialist area to his/her organizational unit/project.
Due to his/her technical and social skills, the employee repeatedly takes on a learning mentor role.
Specific skills
These include special knowledge and additional qualifications that are used by the company (for example, languages, MBA).
The employee actively contributes to overcoming interface problems through his/her knowledge that goes beyond his/her own organizational area.
Innovation
The employee has developed innovative ideas/alternative solutions for product or process design, which are actively pursued in the organizational unit/branch or by the company or in a project with the aim of implementation.
Quality in customer relationships
The employee consistently delivers exceptional advice and sales quality in his/her work, which leads to a long-term and sustainably successful customer relationship for the benefit of the savings bank.
(2) In the annual employee appraisal interview, which is normally conducted before the promotion date, the responsible manager shall assess whether the employee has fulfilled a promotion criterion in the immediately preceding assessment period of a maximum of one year.
(3) A new promotion criterion may only be granted by the Savings Bank if the employee fulfills it in another area as per (1) or on the basis of another qualification and/or performance in the same area as per (1).
(4) The result of the assessment shall, upon request, be reviewed in an extended employee interview, which will also be attended by a manager or a member of the Board of Management nominated by the Savings Bank and who is superior to the manager, and a representative employed by the Savings Bank nominated by the Works Council or a member of the Savings Bank's Works Council.
(5) The result of the (extended) employee interview must be confirmed to the employee in writing.
(6) After the end of a period of leave under the Maternity Protection Act or the Paternity Leave Act, an employee interview as defined in (2) shall be held with the employee at the next scheduled appointment, but no later than one year after the employee's return.
§ 34d Evaluation of the extent of time-independent advancements by the collective bargaining partners including the possibility of sanctions
(1) In order to ensure time-independent advancements on a sustainable scale, the savings bank must comply with the annual quotas pursuant to Section 34a (2) in the averaging period. If they are not complied with in the averaging period, the savings bank must meet them by the next 30 June, otherwise the defined four-year standard period of service (Section 34 (3)) is generally reduced to three years with retroactive effect to the last January 1 (advancement date) in the averaging period. This reduction in the standard period of service to three years also applies if the savings bank declares, after consultation with the works council, that it will not generally apply Section 34a.
(2) The first averaging period with three advancement dates runs from 1 January 2011 to 1 January 2013, the subsequent averaging periods, each with three advancement dates and then annual review options, are each postponed by one year (1 January 2012 to 1 January 2014, 1 January 2013 to 1 January 2015, etc.).
(3) The works council must be informed in writing by 30 June of each year about the awarding of time-independent advancements and about compliance with the annual quotas pursuant to Section 34a (2), with the distribution of time-independent advancements according to job groups and levels as well as according to gender, age and length of employment of the employees being presented. The works council must also be informed if the quotas pursuant to Section 34a (2) are only met retrospectively by 30 June.
(4) By way of derogation from (1) to (3), for the first assessment period 2009, the annual quota pursuant to Section 34a (2) shall be met by 30 September 2010 at the latest and the works council shall be informed thereafter.
§ 35 Over-ranking
(1) The transfer to a higher activity group shall be carried out by the Savings Bank taking into account Section 32 (2), but the Works Council shall be given the opportunity to comment beforehand.
(2) The transfer requires that the employee predominantly and independently performs the new activity corresponding to the job description of the higher activity group.
(3) The transfer shall be made after a promotion by one level has been granted to the level of the next higher activity group which offers the next higher salary compared to the standard salary shown after the promotion in the previous activity group.
If an employee is classified in the ninth level of an activity group, the transfer shall be made first and then the promotion by one level in the new activity group.
(4) The promotion must result in a salary increase of at least 4% of the employee's previous standard salary (before promotion and promotion); otherwise the savings bank must pay the difference for a limited period until the next promotion. Any collective agreement measures that affect pay that take place at the same time as the promotion cannot be taken into account.
(5) Following a transfer, the standard period of stay defined for the level in the new activity group shall begin again for the employee(s).
§ 36 Remuneration in Cases of Sickness
(1) Employees who are prevented from working due to illness or accident without any intentional or grossly negligent fault on their part shall receive salary in accordance with Section 8 of the Employees Act. The full monthly salary shall be paid even if the Employees Act provides for only partial payment of salary.
(2) After exhaustion of the statutory entitlement to payment of remuneration, employees with more than five years of service at the Institute shall receive a subsidy of 49% of the monthly salary in addition to the gross cash benefits from statutory health insurance, which, however, together with the gross cash benefits from statutory health insurance, may not exceed the employee's respective monthly salary less the social security contributions.
(3) The total duration of the salary payments pursuant to paragraphs 1 and 2 shall be 6 months from the completed 5th year of service, 12 months from the completed 10th year of service and in the event of an accident at work (Section 84) . Termination of the employment relationship by notice by the savings bank does not release it from the obligation to pay benefits pursuant to paragraphs 1 and 2.
(4) The entitlement to special payments (Section 58) shall remain valid for the entire duration of the sick leave.
(5) Periods of apprenticeship completed at the Savings Bank shall be taken into account for the duration of the entitlement to remuneration in an immediately subsequent employment relationship if the apprentice successfully passed the final apprenticeship examination after 31 January 2008.
(6) Maternity leave periods under the MSchG and VKG which are taken by employees for children born after 1 April 2012 shall be taken into account for the duration of remuneration in the event of illness up to a maximum of twelve months per child.
§ 37 Salary advances
In eligible cases, the savings bank can grant interest-free salary advances of up to a quarter of the annual salary. These advances must be repaid by deducting the monthly salary in a maximum of 36 monthly installments. If the employee dies, any remaining balance is considered to have been paid off.
§ 38 Special social benefits
In addition to the social benefits provided for by law or collective agreement, the savings bank may grant special social benefits.
§ 39 Vacation
(1) Every employee is entitled to annual vacation. In principle, the Vacation Act in its currently valid version applies.
(2) The holiday year is the calendar year. The calendar year in which the employee begins work counts as the first holiday year. In the first holiday year, employees who start before 1 July receive the full amount of holiday, and employees who start on or after 2 July receive 1/12 of the total holiday for each month of employment that has begun, rounded up to full days .
(3) For the purpose of determining the amount of holiday entitlement, previous periods of service of at least 6 months each in Germany or in an EEA Member State shall be taken into account.
a) in the case of credit institutions, in full,
b) in other employment relationships as well as in the context of self-employment and as a development worker in accordance with Section 3 Paragraph 2 Item 5 of the Vacation Act, up to a maximum of 5 years.
If previous periods of service in accordance with letters a) and b) coincide, the maximum amount of 5 years is only increased by the proportion of previous periods of service with credit institutions that exceeds 5 years.
School and university periods are taken into account in accordance with Section 3 of the Vacation Act, as amended.
Periods of parental leave or parental leave under the Maternity Protection Act, Parental Leave Act or Fathers' Leave Act are taken into account when calculating the amount of vacation entitlement if a child is born after December 31, 1992.
When taking university periods, previous periods of service and school periods into account, the amount of vacation entitlement is determined by first establishing a fictitious start of service which is the amount of time that can be taken into account before the actual start of service. The amount of vacation entitlement is then based on that fictitious start date.
(4) If the working hours are set from Monday to Friday inclusive (five-day week), these days shall be used as working days for the purpose of calculating holiday entitlement. In principle, the statutory holiday provisions shall be maintained, and in this case the holiday entitlement shall be
25 working days from the 1st to the 20th year inclusive, and
31 working days from the 21st year onwards.
For part-time employees, the working time exempt from service (holiday) is calculated pro rata according to the agreed working time.
(4a) For savings bank employees whose employment relationship with the savings bank begins after December 31, 2019, the amount of vacation according to (4) is increased by 1 working day after 10 uninterrupted years of service at the savings bank and by 1 additional working day after 14 uninterrupted years of service at the beginning of the next vacation year. Statutory waiting periods and periods according to Section 3 Paragraph 1 APSG during the employment relationship with the savings bank are not considered as an interruption for the purpose of determining the required years of service according to the first sentence. In addition, the statutory crediting provisions for service-related claims apply; apprenticeship periods at the savings bank are taken into account in accordance with Article I Paragraph 3 Letter a. In conjunction with (4), the maximum amount of vacation is 32 working days per vacation year.
(5) Annual vacation must generally be used by the end of the calendar year (vacation year) in which the entitlement arose. In the case of part-time employees, the vacation period must be agreed so that the part-time employee does not have to work during the vacation period. For official reasons or upon justified request, the responsible superior may, in exceptional cases, authorize the use of remaining vacation days until 31 March of the following year. The vacation entitlement expires after 2 years from the end of the calendar year (vacation year) in which it arose.
§ 40 will be repeated as of 1.2.99
§ 41 Special reasons for absence from work
(1) In the event of marriage or the death of a spouse, an employee shall be entitled to leave of absence for a period of three working days.
(2) Leave of absence shall be granted for the following reasons for absence from work, as examples:
a) in case of death of parents or children, 2 working days,
b) on the occasion of the birth of children, 2 working days,
c) in the case of marriage of siblings or children, 1 working day,
d) in the event of the death of siblings, parents-in-law or grandparents, 1 working day,
e) in case of relocation, if a separate household was already maintained 2 working days,
f) in the case of relocation, if no separate household has been maintained yet: 1 working day.
For other reasons of absence from work, Section 8 Paragraph 3 of the AngG applies. [5]
[5] Section 8 paragraph 3 of the AngG is reproduced in the appendix.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to part-time employees, provided that the reasons for their inability to work fall within the period of their work obligation.
§ 42 Special leave for disabled people
(1) Disabled persons who qualify as beneficiaries under Section 2 of the Disabled Persons Employment Act (BEinstG) shall be entitled to special leave amounting to five working days per holiday year.
(2) Employees with a reduction in their ability to work of at least 25% but less than 50% shall be entitled to special leave amounting to three working days per holiday year.
(3) In the case of paragraph 1, Section 14 of the BEinstG shall be observed with regard to membership of the group of eligible disabled persons. In the case of paragraph 2, the reduction in earning capacity shall be proven by an official medical report.
§ 43 Parental leave
(1) In special cases, employees may be granted leave for a specific period of time in return for waiving all remuneration for that period (parental leave).
(2) If the parental leave granted to an employee during his or her period of employment exceeds a period of six months, the employee shall lose all entitlements arising from the employment relationship for the period exceeding six months which he or she would have acquired during this period without interruption of service. The entitlement to regular advancement (Section 34) shall therefore be lost for each year of parental leave or part thereof exceeding the period of six months.
(3) A leave of absence or a partial leave of absence that has been notified in due time in accordance with the provisions of the Maternity Protection Act or the Paternity Leave Act may be unilaterally modified by the employee once, no later than 6 months after the birth of the child.
(4) After returning to work following a period of parental leave or partial parental leave in accordance with the Maternity Protection Act or the Fathers' Parental Leave Act, the employee is entitled to a position equivalent to that held prior to the start of the parental leave leave. In addition, the employee must be given the opportunity to undertake appropriate training in order to maintain his or her qualifications.
§ 43a Papamonat
(1) An employee shall, at his request, be granted leave without pay (daddy month) of up to four weeks for the period from the birth of his child until the end of the mother's employment ban at the latest in accordance with Section 5 (1) and (2) of the MSchG, similar Austrian legislation or similar legislation of the contracting states to the Agreement on the European Economic Area, if he lives with the child and the mother in the same household and there are no significant operational interests that conflict with this. If none of the above provisions apply to the mother, the time limits set out in Section 5 (1) and (2) of the MSchG apply accordingly.
(2) The employee must notify the start and duration of the daddy month at least two months before the expected date of birth and subsequently explain the circumstances giving rise to and terminating the entitlement.
(3) The daddy month ends prematurely if the joint household with the child and the mother is dissolved.
(4) The period of the paternity month shall be taken into account for all service-related entitlements.
(5) This provision shall apply to births occurring on or after July 1, 2011.
§ 44 Telework
(1) Subject:
This contains framework and remuneration provisions for work in external workplaces, in particular at the employee's place of residence.
(2) Definition:
An off-site workplace exists when the employee performs all or part of his/her agreed regular working hours away from the company workplace; this will normally be at the employee's place of residence.
(3) Company regulations:
Existing company regulations shall continue to apply unchanged unless this collective agreement expressly provides otherwise.
(4) Conditions:
Employment at off-site workplaces is voluntary; participation is subject to the following conditions:
a) Suitable work assignment:
Employees whose work assignment allows them to work outside the company without affecting the company's operations or contact with the company, or for whom an outside workplace is desirable, can seek a teleworking agreement. The savings bank can encourage participation or refrain from setting up an outside workplace for operational or economic reasons.
b) The establishment of an external workplace requires a written agreement between the savings bank and the employee, whereby the participation rights of the works council must be observed.
c) The individual and collective employment law status of the employee is not changed by the agreement to work outside the company.
d) Granting access:
If the off-site workplace is set up in the employee's private rooms, the employee must authorize the relevant representatives of the savings bank to enter the off-site workplace after a prior registration period of at least 24 hours. The savings bank will only exercise its right to inspect the off-site workplace in the exercise of its duty of care or in the event of imminent danger.
(5) Working hours:
a) The working hours to be performed per week are generally the applicable collective agreement standard weekly working hours, or in the case of previous part-time employment, the individually agreed working hours. The working hours are to be divided between on-site and off-site working hours by mutual agreement between the savings bank and the employee. This division is a mandatory part of the written agreement on the establishment of an off-site workplace and can only be changed in exceptional cases for a maximum of 1 month without a new written agreement.
b) The distribution of the planned non-work working hours over the individual days of the week can be carried out by the savings bank (company-determined) or by the employee (self-determined). When distributing working hours independently, the employee must ensure that the mandatory working time regulations are observed (eg maximum working hours, compliance with breaks, daily or weekly rest periods).
c) With regard to additional work and overtime, the relevant company regulations apply accordingly. Due to the employee's extensive ability to determine the location and distribution of working hours, particular attention must be paid to the requirement of prior approval of additional work by the supervisor at the off-site workplace.
d) Travel times between the company and external workplace are deemed not to be operational and are not counted towards working hours, provided they occur on the basis of the agreement made and the employee is not called to the bank savings outside of the agreed working hours .
(6) Work equipment:
The work equipment required at the off-site workplace is provided by the savings bank, properly installed and maintained. The work equipment to be provided should be individually identified in the teleworking agreement if possible. The savings bank bears the costs of installing the necessary cables. The technical equipment should be designed in such a way that it meets ergonomic and safety standards, the use of private devices is not necessary and work can generally be carried out without disturbing privacy.
(7) Reimbursement of expenses:
Expenses incurred by external workplaces will be reimbursed to the employee if proof is provided, whereby the costs to be reimbursed (eg pro rata telephone charges) must be specified in the teleworking agreement. Flat-rate compensation must also be recorded in the written teleworking agreement and reviewed annually. Travel expenses between the company and external workplaces are generally not reimbursed unless they are business trips that are not based on the division made between the company and external workplaces.
(8) Contact with the company:
The social integration and communication of employees in and with the savings bank should be ensured despite the work being carried out at an off-site workplace.
The employee must not suffer any disadvantage in terms of career advancement as a result of alternating teleworking. In particular, he/she has the right to be informed in good time about all company training measures and to participate in them. Participation in company (part) meetings is to be counted as company-determined working time.
(9) Insurance coverage:
Work accidents at an off-site workplace as well as accidents on the way to the workplace must be insured by the Savings Bank, unless they are covered under general social insurance.
(10) Liability:
The provisions of the Employee Liability Act apply to the liability of the employee and the family members living with him/her in the same household towards the savings bank in connection with the activity at the off-site workplace.
(11) Conditions of termination:
The off-site workplace can be abandoned by either party with a three-month notice period. If the landlord terminates the rental agreement, this period may be shortened. The notice of abandonment must be given in writing. After abandoning the off-site workplace, the employment relationship continues at the company workplace. The employee must return the work equipment and work documents provided immediately after leaving the off-site workplace.
(12) Information of the works council:
The works council shall receive, upon request, an up-to-date list of all employees working at an external workplace.
§ 45 Right of Appeal
If an employee believes that he has reason to complain as a result of an order from a superior, he can raise complaints with the next superior. Such a step must not be to the detriment of the employee.
§ 46 will be repeated as of 1.2.99
IV. Termination of the employment relationship
§ 47 Types of dissolution
The employment relationship is terminated by:
a) passage of time,
b) termination,
c) amicable termination,
d) retirement,
e) dismissal from service,
f) resignation from service,
g) death.
§ 48 Time lapse
(1) A fixed-term employment relationship (Section 8(1)) shall terminate automatically upon expiry of the period for which it was agreed.
(2) During the probationary month, the employment relationship may be terminated at any time without notice.
(3) If the employment relationship has lasted for three years without interruption, the Savings Bank shall pay severance pay (Section 70).
§ 49 Termination
(1) The savings bank may terminate a terminable employment relationship (Section 9) at the end of each calendar quarter by giving prior notice. The notice period for an uninterrupted period of service is as follows:
up to 2 years of service 6 weeks,
after the completed 2nd year of service 2 months,
after the completed 5th year of service 3 months,
after the completed 15th year of service 4 months,
after the completed 25th year of service 5 months.
If a child is born on or after January 1, 2002, periods of parental leave under the Maternity Protection Act or the Fathers' Parental Leave Act will be fully taken into account when calculating the notice period.
(2) Employees who are eligible for termination may terminate their employment relationship by giving one month's notice at the end of any calendar month.
(3) For permanent employees, the notice period is extended to 6 months. Upon termination, the employee loses all rights arising from the permanent employment (Section 10).
(4) In the event of termination by the Savings Bank, this severe payment shall be made in accordance with Section 70, provided that the employment relationship has lasted for at least three years without interruption.
(5) In the event of dismissal for operational reasons by the savings bank, the savings bank must pay an administrative pension (§ 85 (3)) to employees who have completed the waiting period pursuant to § 10 (2) by December 31, 2009 at the latest (so-called Group I), provided that the employment relationship ends as a result of the dismissal when the employee reaches the age of 45. If the employment relationship of an employee in Group I ends as a result of dismissal for operational reasons before the employee reaches the age of 45 or as a result of dismissal for personal reasons, the savings bank will pay the additional severance payment (§ 70a).
The savings bank must provide the works council with a list of employees who belong to Group I as soon as possible after January 1, 2007, and thereafter once a year until 2010, in an updated form.
(6) In the event of termination of employment by the Savings Bank for operational reasons, the Savings Bank shall make the lump sum payment (Section 68) for employees who do not fulfill the waiting period pursuant to Section 10 (2) by 31 December 2009 (so-called Group II).
(7) The employee shall not be entitled to benefits pursuant to (5) and (6) if he/she is entitled to a statutory (early) old-age pension at the time of termination. However, this does not apply to the entitlement to a corridor pension (Section 4 (2) APG).
(8) The consequences of a dismissal for operational reasons pursuant to (5) and (6) arise if there are reasons that are not related to the employee personally or to a sustained failure to fulfill his/her duties. In making this decision, the age, state of health and level of education of the employee concerned must be assessed and taken into account on an individual basis.
(9) If the employment relationship of an employee would end upon reaching the age of 45 as a result of the (intended) dismissal for personal reasons, the bank savings must inform the works council, stating the essential circumstances, and in particular consult with it on whether and, if so, which measures are suitable to avoid the employee's (personal reasons) dismissal. A measure that is unanimously considered suitable for the individual case must, if possible, be agreed in writing with the employee no later than one month after the works council has been informed. Possible measures include, for example, a joint employee interview with a possible subsequent adjustment of the work and development agreement or the completion of additional training. The consultations with the works council must be documented in writing. In this case, the dismissal for personal reasons can be pronounced no earlier than 6 months after the works council has been informed.
(10) If the employment relationship of an employee would end before the employee reaches the age of 45 as a result of the (intended) termination for personal reasons, the savings bank must inform the works council, stating the essential circumstances, and consult with it. The consultations with the works council must be documented in writing. Termination for personal reasons can be announced at the earliest 1 month after the works council has been informed.
(11) A procedure according to (9) and (10) shall not apply if the employee has not actually completed 10 years of continuous service at the bank savings at the time of the (intended) termination of the employment relationship or if the savings Bank recognizes the consequences of dismissal for operational reasons. When determining the years of service completed, the provisions of section 167 (9) lit. a) second to fourth sentences shall apply.
(12) The savings bank may no longer terminate the employment relationship of an employee within 5 years before reaching his/her statutory retirement age, unless the employee has not yet actually completed 10 years of continuous service at the savings bank at the time of termination of the employment relationship and/or is entitled to a pension in accordance with (7). When determining the years of service completed, the provisions of Section 167 (9) a) second to fourth sentences apply.
If employees who have not yet reached their statutory retirement age are entitled to a statutory early retirement pension in the event of a long insurance period when their employment relationship is terminated as a result of termination by the savings bank, the savings bank will pay the basic contributions for them in accordance with Section 98a up to their statutory retirement age in the form of a one-off contribution, which is calculated by multiplying the most recent monthly basic contribution by the missing contribution months (including special contribution months).
(13) The collective bargaining partners will discuss the experience gained with the new regulation on protection against dismissal (evaluation) no later than in the first half of 2009 and will examine whether the practice that has developed in the distinction between dismissal for operational reasons and dismissal for personal reasons deviates from the common regulatory intention. If it deviates from this, there is agreement to discuss an adjustment of the regulations concerned.
§ 49a Inadequate fulfillment of official duties
(1) If the company's appraisal system determines that a permanent employee is not fulfilling his or her duties adequately, the savings bank must conduct separate employee interviews to help improve the performance of his or her duties. The first employee interview must include further training measures (development measures); if this is unsuccessful, the second employee interview should, if possible, involve a change of function (transfer). If three such employee interviews have been held without any significant improvement, and at least one year must have passed between the first and third interviews, this can be determined as "inadequate fulfillment of duties" after an internal review committee has objectively assessed the facts.
(2) The internal review committee is made up of a chairman nominated by the savings bank who does not vote but who has the casting vote in the event of a tie, and two employees of the savings bank who have at least 10 years of service , nominated by the works council and by the savings bank. The committee holds oral hearings in closed session. The chairman chairs the hearing and determines its course; in particular, he is responsible for ordering the questioning of parties and any witnesses. Minutes must be taken of each meeting and signed by all members of the committee. If possible, the internal review committee must decide within two weeks of the initiation of proceedings whether the savings bank's improvement efforts within the meaning of paragraph 1 were properly made and whether no significant improvement was found due to the fault of the employee. If this is proven to be objective - and thus an "inadequate fulfillment of official duties" - the savings bank can, with the consent of the works council, impose a disciplinary penalty in accordance with Section 124 Paragraph 1 without the existence of a separate disciplinary decision.
(3) After the second employee interview within the meaning paragraph of 1, the employee may choose a trusted person from the Sparkasse's staff as an assistant; the same applies to any procedure pursuant to paragraph 2.
§ 50 Amicable termination
(1) The employment relationship may be terminated at any time by mutual consent.
(2) In this case, the employee shall lose all rights associated with his employment for himself and his dependents. The right to earn pay under Section 70 shall, however, only be lost to the extent that the employee expressly waives it.
§ 51 Retirement
The provisions governing the retirement of an employee are contained in the Pension Regulations (Section C).
§ 52 Dismissal from service
(1) The statutory provisions shall apply to dismissal (see in particular Section 27 of the Salaried Employees Act and Sections 106 and 107 of the Labor Constitution Act).
(2) With regard to the grounds for dismissal in Section 27 Z 2 (incapacity for work) and the second case group in Section 27 Z 5 of the Employees Act ("absence for a considerable period of time, except due to illness or accident , preventing the performance of duties"), permanent employees are subject to a review by a committee. This is done by applying the provisions on the review committee in accordance with Section 49a Para. 2.
§ 53 Leaving the Service
(1) Any employee may terminate the employment relationship prematurely by resigning for important reasons in accordance with Section 26 of the Employees Act.
(2) The employee shall thereby lose all rights arising from the employment relationship, including any right to rest and benefits, but shall be entitled to severance pay in accordance with Section 70, paragraph 1.
§ 54 Death
In the event of the death of a permanent employee, the provisions of the pension regulations (Section C) apply. The same applies in the event of the death of a non-permanent employee if he or she has worked for the savings bank for at least five years after reaching the age of 20 or if the death is the result of an accident at work.
B. Salary scale
I. Ordinary salary
§ 55 monthly salary
(1) The amount of the monthly salary is determined from the salary scale (Section 162). The amount of the monthly salary of part-time employees is calculated on the basis of the respective salary scale in the ratio in which the agreed working hours of the part-time employee correspond to the normal working hours of the full-time employee (per rata).
(2) The monthly salary shall be paid in advance on the first day of each month, but in arrears for the probationary month.
(3) Employees joining or leaving the employment during the month shall receive a pro rata portion of their monthly salary for each calendar day of employment in that month, except in the event of death or retirement, in which case they shall still receive their full salary for the month of leaving the employment.
§ 55a Extraordinary Allowance
(1) Employees shall be entitled to receive an allowance if they have been classified in level 9 of a job group for at least one year and fulfill the requirements for an advancement criterion (Section 34c).
(2) The allowance shall be granted for a period of three years and shall not be effective for pension fund contributions; it shall amount to 5% (small allowance) for the first advancement criterion and shall increase after at least two years, on the occasion of the fulfillment of an additional advancement criterion – provided that the conditions for the first advancement criterion continue to apply – to 10% (large allowance) of the standard salary of level 9 of the activity group in which the employee is classified.
(3) Before the expiry of the three-year fixed-term contract, an appraisal interview within the meaning of Section 34c (2) shall be held to assess whether there has been a change in the conditions underlying the criterion(s) for advancement .
(4) Additional provisions regarding the allowance may be laid down in a works agreement.
(5) (Existence quota) The amount of all allowances awarded must be at least 6% of the total number of employees (calculated per head) classified in level 9 of a job group as of January 1 of a year (after any promotion) . The result of the calculation must be rounded up or down to the nearest whole number. A transitional period until January 1, 2014 applies to the fulfillment of the existence quota. The existence quota should be built up continuously if possible.
(6) The works council shall be informed in writing of compliance with the stock quota pursuant to (5), showing the distribution of the allowance according to job categories and according to the sex, age and level of employment of the employees.
§ 56 Household Allowance
(1) The household allowance shall be paid to:
a) married employees who are entitled to the single-earner allowance;
b) married employees who are not entitled to the single earner allowance. If both spouses are employed by the savings bank, the household allowance is only due once;
c) widowed, divorced or single employees who receive child allowance from the savings bank for one or more children in accordance with Section 57 Paragraph 1, have to spend at least the amount of the household and child allowance for these children and receive the single earner allowance or single parent allowance for income tax purposes;
(d) widowed, divorced or single employees who have to pay at least the amount of the household allowance for one or more other legally dependent relatives or for a divorced spouse.
(1a) Employees under (1) shall only receive the household allowance if their employment relationship with the Savings Bank began before 1 January 2005.
(2) The household allowance is paid with the monthly salary and, proportionally, with the special payments. The amount is shown on the relevant schedule sheet (Appendix 1). The amount of the household allowance for part-time employees is calculated pro rata according to the agreed working hours.
(3) The household allowance shall be payable for the first time in the calendar month in which the event giving rise to entitlement to it occurs and for the last time in the calendar month in which the condition for entitlement to it no longer applies.
(4) If the single-earner allowance is granted retroactively or withdrawn retroactively, the corresponding additional payment shall be made by the savings bank or repayment shall be made by the employee.
§ 57 Child Allowance
(1) Employees shall receive child allowance upon application for each child for whom they are entitled to statutory family allowance, taking into account paragraph 5, and who can prove that they are receiving such allowance.
a) until the end of the calendar month before which the child reaches the age of 10, in the amount specified in the relevant scheme sheet (Annex 1),
b) from the beginning of the calendar month in which the child reaches the age of 10, in the amount indicated in the relevant scheme sheet (Annex 1).
(1a) Upon application, employees may also receive a child allowance in the amount specified in paragraph 1(a) or (b) for each child for whom there is evidence that they are entitled to statutory family allowance and that this is actually received by the other parent/child, as long as they can prove that they are providing maintenance (alimony) for this child(ren) in the amount of at least the child allowance following a separation based on a court judgment or court settlement or a notarized agreement. If both parents are employed by the savings bank, the child allowance is only payable once in accordance with paragraph 1.
(2) Employees shall receive double the child allowance pursuant to paragraph 1 or 1a for each seriously disabled child within the meaning of the provisions of the Family Burden Equalisation Act for whom they are entitled to increased statutory family allowance and who can prove that they receive it.
(3) The child allowance is paid with the monthly salary and, on a pro rata basis, with special payments. The amount of the child allowance for part-time employees is calculated pro rata according to the agreed working hours.
(4) The child allowance shall be paid for the first time in the calendar month in which the event giving rise to entitlement to it occurs and for the last time in the calendar month in which the condition for entitlement to it no longer applies.
If the family allowance is awarded retroactively or cancelled, the corresponding additional payment shall be made by the savings bank or repaid by the employee.
(5) Transitional rule: The entitlement to the collectively agreed child allowance for children born before 1 July 1988, for whom the child allowance is paid by the savings bank for June 2011 and who are no longer entitled to family allowance after 30 June 2011 due to the child reaching the age of 24, continues for a maximum of two years, up to a maximum of 26 years, upon separate application by the employee. The current evidence that was relevant for receiving the family allowance on 30 June 2011 must continue to be provided (e.g. current confirmation of enrolment). Furthermore, the child must not have an income of their own above the limit contained in the FLAG. An evaluation will be carried out when this regulation expires.
(6) The employee must provide appropriate evidence of entitlement to child allowance. The employee must immediately inform the savings bank if the conditions no longer apply. Child allowances wrongfully received may be reclaimed by the savings bank.
§ 58 Special Payments
(1) Employees shall be entitled to the following special payments in each calendar year:
a) a purchase contribution with the March salary,
b) holiday pay with the June salary,
c) a clothing allowance with the September salary,
d) a Christmas bonus with the November salary.
(2) Each special payment shall consist of half of (a) the last monthly salary,
b) any household allowance,
c) any child allowances,
d) any functional allowance,
e) any extraordinary allowance,
f) any compensatory allowance.
(3) Newly joining or leaving employees shall receive a pro rata share of the special payments falling within the calendar quarter of their joining or leaving that corresponds to their length of service in the calendar quarter in question. The pro rata share calculated in this way shall be due on the date of the next special payment in the case of new employees, and on the date of termination of the employment relationship in the case of new employees.
§ 59 Functional allowance
(1) An employee who is entrusted with the permanent performance of a function to which the savings bank has linked the award of an allowance shall be entitled to a functional allowance. A function of this type shall in any case be the management of a branch in which at least two employees, including the branch manager, work and which is open at least three days a week. The functional allowance shall also be due to an employee who performs such a function on a temporary basis for at least two months without interruption, for the duration of that temporary position.
(2) An employee who is permanently assigned to work in a branch office alone (one-man branch office) is entitled to a functional allowance. The prerequisite is that the branch office is open at least three days a week. An employee who performs such a function on a temporary basis for at least two months without interruption is also entitled to the functional allowance for the duration of that temporary position.
(3) The functional allowance is paid with the monthly salary and, proportionately, with the special payments. The amount is shown on the relevant schedule sheet (Appendix 1). The amount of the functional allowance for part-time employees is calculated pro rata according to the agreed working hours.
(4) The functional allowance shall be payable in accordance with the above provisions from the first full calendar month of the performance of the function up to and including the calendar month in which the function ends.
§ 60 Other allowances
If special circumstances exist, the Savings Bank may, by way of exception, grant other allowances to individual employees or to all employees for a specific period of time or subject to revocation at any time.
§ 61 Overtime and Overtime Pay
(1) For overtime worked in accordance with Section 13 Paragraph 2 Sentence 3, the normal hourly rate as calculated from the respective salary shall be payable, as well as an overtime allowance of 16.67% (overtime pay) as pro rata compensation for the special payments under the collective agreement.
(2) The determination of overtime pay for overtime pursuant to Section 13 Paragraph 2 Sentence 2 shall be made either
a) according to the normal hourly wage or
b) in the form of a monthly or case-by-case overtime allowance.
(3) The remuneration for an hour of overtime is calculated as 1/150 of the monthly salary, including any allowances that do not have the character of a flat-rate overtime allowance, and the overtime premium calculated from this.
Household and child allowances are not taken into account.
The overtime premium is 100% for overtime worked on Sundays, public holidays, Saturdays and on other working days after 8 p.m. and before 7 a.m.; it is 50% for other overtime.
(4) For overtime work that is performed on an ongoing basis, the remuneration may be set in agreement with the works council or, in the absence of such a council, with the employees concerned, in the form of a flat-rate overtime allowance that can be paid monthly up to twelve times a year. Unless otherwise agreed, all overtime work is compensated for by the flat-rate overtime allowance.
(5) For additional and mass work, the extent of which can be estimated, overtime pay may also be fixed in the form of a case-by-case flat-rate overtime allowance, in agreement with the works council.
(6) Overtime may also be compensated by mutual agreement by granting time off in such a way that for overtime with a 100% premium, 2 normal hours of time off are granted and for overtime with a 50% premium, 1 ½ normal hours of time off are granted within the framework of working hours in accordance with official possibilities.
(7) Additional work or overtime hours worked within a calendar month shall be paid no later than the first day of the month after next.
(8) The right to additional work or overtime pay shall expire if it is not asserted within three months.
§ 62 Cashier's Shortage
(1) In order to reduce the risk of liability for any cash losses for employees who work as cashiers, a cashier's allowance is granted as special compensation. It is payable in the amount specified in the relevant schedule (Appendix 1) for each working day on which the employee works as a cashier. The cashier's allowance for part-time employees is calculated pro rata according to the daily agreed working hours.
(2) The cashier's shortfall shall be paid monthly in arrears. The cashier's shortfall to which the employee permanently working as a cashier is entitled shall be credited to an interest-bearing account savings book of the cashier, which shall be blocked in favor of the savings bank to cover any cash outflows up to 220 times the cashier's shortfall. The blocking shall be lifted as soon as the employee in question no longer works permanently as a cashier.
(3) If the liability risk no longer applies - in particular as a result of organizational changes (AKT, Cashboy or similar) - the works agreement partners are responsible for a transitional arrangement for employees who have previously received cashier's allowance.
§ 63 is omitted
eliminated as of February 1, 2003
II. Extraordinary Remuneration
§ 64 Performance Bonuses
The savings bank can grant individual performance bonuses for exceptional achievements.
§ 65 Rewards for suggestions for improvement
The savings bank can award bonuses to the employee concerned for suggestions for improvements in the company.
§ 66 Anniversary Gift
(1) Savings bank employees whose employment relationship with the savings bank began before January 1, 2020 and who have satisfactorily completed 25 or 40 years of service at the savings bank will receive an anniversary gift on this occasion. In the first case, this amounts to twice the last monthly salary and in the second case to 2.5 times the amount of any household, child, functional and other allowances. The prerequisite for payment of the anniversary gift after 40 years of satisfactory service at the savings bank is a corresponding application by the employee.
(2) For part-time employees, periods of part-time employment from January 1, 1976 shall be taken into account for the entitlement to the anniversary gift. Apprenticeships completed at the savings bank shall be taken into account in an immediately subsequent employment relationship if the apprentice successfully completed the final apprenticeship examination after 31 January 2008.
(3) If one and the same employment relationship includes periods of full-time employment as well as periods of part-time employment or periods with varying degrees of part-time employment, the average of the working hours performed during the years of service relevant for the anniversary gift shall be used to determine the last monthly salary to be taken into account and any household, child, functional and other allowances (weighting of the assessment basis).
§ 67 Cost assistance for marriages, births and deaths
(1) In the following cases, employees in an ongoing employment relationship shall receive a one-off cost allowance, the amount of which shall be determined from the relevant schedule sheet (Annex 1):
a) upon marriage, if they have been in the service of the Savings Bank for at least one year;
(b) in the case of the birth of a child for whom child allowance is payable (or in the case of a stillbirth);
c) in the event of the death of a spouse living in the same household or in the event of the death of a child for whom child allowance is payable.
(2) If there are two eligible persons, the allowance shall be paid to only one employee. The allowance for part-time employees shall be calculated pro rata according to the agreed working hours.
§ 68 Lump sum payment
If the employment relationship of an employee in Group II (§ 49 (6)) is terminated by the savings bank for operational reasons and the employee has actually completed at least 10 years of uninterrupted service at the savings bank up until the termination of the employment relationship and § 49 (7) does not apply, he/she is entitled to a lump sum payment of twice the amount of the last monthly salary. When determining the years of service completed, the provisions of § 167 (9) a) second to fourth sentences apply.
§ 69 is omitted
eliminated as of February 1, 2001
§ 70 Severance Pay
(1) If the employment relationship, to which the Company Employee Pension Act does not apply, is terminated due to the passage of time, by notice of termination by the savings bank, by mutual agreement, by reasoned resignation or by retirement, a severance payment shall be due, depending on the length of service at the savings bank, in the amounts set out below:
from the third year of service, 2/12 of the annual salary,
from the fifth year of service, 3/12 of the annual salary, from the tenth year of service,
4/12 of the annual salary,
from the fifteenth year of service, 6/12 of the annual salary, from the twenty-first year of service,
9/12 of the annual salary,
from the twenty-fifth year of service, 12/12 of the annual salary.
The annual salary is calculated on the basis of the last monthly salary and special payments and, if applicable in the last month, household allowance, child allowance, functional allowance, other allowances granted on a regular basis and overtime pay.
From the 35th year of service, the severance payment increases by 2.5 times the last monthly salary and any household, child, functional and other allowances. Any anniversary bonus already granted for 40 years of satisfactory service in accordance with Section 66 Paragraph 1, second case, reduces the amount of the severance payment.
(1a) If one and the same employment relationship includes periods of full-time employment as well as periods of part-time employment or periods with varying degrees of part-time employment, the average of the working hours during the years of service relevant for the severance payment shall be used to determine the annual salary to be used within the meaning of the previous paragraph (weighting of the assessment basis). If the calculation in accordance with Section 23 of the Salaried Employees Act results in a higher severance payment, this is the payment due.
(2) Severance pay pursuant to paragraph 1 shall also be payable if the mutual termination of the employment relationship
a) by employees until their child or adopted child reaches the age of 3 years (Section 15c of the Maternity Protection Act),
b) in the case of employees taking partial parental leave until their child or adopted child reaches the age of 4 (Section 15i of the Maternity Protection Act),
c) by non-permanent employees within one year of reaching the age for entitlement to the statutory old-age pension
is requested.
Such a request must be completed within a maximum period of three months.
(3) In cases of termination by the employee, dismissal from service or resignation from service without good cause, severance pay shall not be payable.
§ 70a Additional severance pay
(1) If the employment relationship of an employee in Group I (Section 49 (5)) is terminated by the Savings Bank for personal reasons and Section 49 (7) does not apply, the employee shall be entitled to an additional severance payment amount to 25% of the severance payment determined in accordance with the first and second sentences of Section 70 (1).
(2) If the employment relationship of a Group I employee (Section 49 (5)) is terminated by the savings bank for operational reasons before the employee reaches the age of 45 and Section 49 (7) does not apply, the employee shall be entitled to an additional severance payment amounting to 50% of the severance payment calculated in accordance with the first and second sentences of Section 70 (1); this shall increase to 100% if the employee has actually completed at least 20 years of continuous service at the savings bank up until the termination of the employment relationship. When determining the years of service completed, the provisions of Section 167 (9) a) second to fourth sentences shall apply.
§ 71 Death Benefits
If the employment relationship is terminated by the death of an employee, the legal heirs, to whose maintenance the deceased was legally obliged, are entitled to severance pay in accordance with Section 70 Paragraph 1, but only at half the rate provided for therein.
C. Pension regulations
CA Direct Benefit Commitment
I. General Provisions
§ 72 Entitlement to rest and pension benefits
(1) Entitlement to retirement benefits in accordance with the provisions of this Pension Scheme
a) permanent employees,
b) non-permanent employees under certain conditions in the event of occupational incapacity (Section 83), in the event of an accident at work (Section 84) and in the event of dismissal for operational reasons (Section 85 (3)).
(2) Survivors shall be entitled to pension benefits in accordance with the provisions of this Pension Scheme after
a) permanent employees,
b) recipients of a pension,
c) non-permanent employees who have worked for the Savings Bank for at least five years after reaching the age of 20 or whose death occurred as a result of an accident at work.
§ 73 Types of rest and care benefits
(1) The following may be considered as rest pleasures:
a) Pension (old-age pension, early retirement pension, occupational disability pension, service accident pension, administrative pension),
b) household allowance,
c) child allowance,
d) Nursing care allowance.
(2) The following may be considered as pension benefits:
a) Widow's/widower's pension,
b) educational contributions,
c) nursing care allowance,
d) Death benefit.
§ 74 automatic clause
(1) Any general change in the remuneration of active employees as regulated by a collective agreement or works agreement shall entail a corresponding change in the remuneration of pensioners, unless it is a change in the activity remuneration in connection with changes in the official obligations of active employees.
(2) The total pension benefit shall be increased by the respective collective agreement rate up to an amount of 80% of the activity group H, level 5 of the new salary scheme (status before the increase); any amounts exceeding this amount shall be increased by the respective ASVG adjustment factor (splitting when the pension is increased); in the case of widows'/widowers' pensions, the pro rata splitting limit pursuant to
Section 95, paragraph 1 applies.
Regulatory norm according to § 3 (1) ArbVG:
Differing regulations in works agreements or individual contracts are not permitted. The institutes named in Article II Paragraph 1 are, however, authorized to individually implement this limit for each new pensioner through works agreements by December 31, 1995 at the latest. If no internal agreement is reached by this date, then according to sentence 1 of this regulatory norm, 80% of the next higher works agreement level corresponding to the collective agreement classification is automatically to be used for the amount.
However, this valorization regulation does not apply to those employees and pensioners whose retirement and pension benefits are regulated according to the collective agreement concerning the new regulation of pension rights of November 16, 1961 ("Pension Reform 1961") or corresponding works agreements or individual contracts.
(3) The increase in the total pension benefit pursuant to paragraph 2 shall be limited to the amount resulting from an adjustment of the total pension benefit using the consumer price index (CPI in %, 1 decimal place) announced for the calendar year before the valorisation date.
More favourable arrangements based on individual contracts or company agreements, including those based on Article II, paragraph 1, are not included in this.
§ 75 Pensionable service period
(1) Irrespective of the provisions on the recognition of previous periods of service for classification in the salary scheme, the period of service which counts towards pension entitlement shall be determined upon award of permanent employment. This period shall begin at the earliest on the employee's 20th birthday.
(2) Subject to this restriction, the periods of service completed in the savings bank's own savings bank and in other domestic savings banks shall be taken into account in full and other previous periods of service which are of use to the savings banks may also be taken into account.
(3) Subject to this restriction, periods spent after 1 January 1938 in military, military or labour service or in military service or as a prisoner of war shall also be taken into account for the purpose of calculating pensions.
(4) For employees who have completed a course of study at a university or college and whose completed course of study is applicable to employment at the Savings Bank, the years of study required after reaching the age of 20, up to a maximum of five years, shall be credited towards the normal duration of the period of study for the purpose of calculating their pension, unless they have already been recognised as eligible for pension purposes with other periods of service.
(5) However, previous periods of service shall not be taken into account if there is a pension entitlement from previous employers and the inclusion of this pension in the pension guaranteed by the Savings Bank has not been expressly agreed.
(6) The period of service eligible for pension purposes calculated in accordance with paragraphs 1 to 4 up to the date of award of permanent employment shall be communicated to the employee in writing, broken down into years, months and days.
(7) In the event of retirement or the accrual of a widow's/widower's pension, the total period of service eligible for pension purposes shall be determined by adding the period of service completed in the savings bank since then in years, months and days to the period of service calculated in accordance with paragraphs 1 to 4. In the total period of service eligible for pension purposes thus obtained, fractions of a year shall be counted as a full year if they amount to at least 6 months; otherwise they shall not be taken into account.
(8) In the case of non-permanent employees and beneficiaries of pensions, for the purpose of determining the disability pension (Section 83) and the widow's/widower's pension (Section 88), the period of service qualifying for a pension within the meaning of paragraphs 1 to 7 shall be determined at the time of accrual, taking into account the special provisions laid down for such cases, and shall be communicated to the beneficiary in writing.
§ 76 Inclusion of statutory benefits
(1) The retirement and pension benefits guaranteed in the pension regulations include all benefits that the employee has acquired up to the day of his or her departure from the savings bank if he or she is properly insured in the statutory pension insurance scheme, taking the following exceptions into account. Excluded from this are those benefits from the statutory pension insurance scheme to which the employee has acquired entitlement through service with another employer or by purchasing additional insurance periods in accordance with the 32nd ASVG amendment, provided that these periods are after the employee's 20th birthday and were not taken into account when determining the periods of service at the savings bank that count towards the pension.
Also excluded from this calculation are ASVG insurance months from school and study periods purchased at the employee's own expense.
In this case, the statutory pension is prorated between the pension recipient and the savings bank, but the percentage of the pension resulting from Section 93 Paragraph 4 may not be exceeded. If Section 93 (4) does not apply, 80% of the pension assessment basis pursuant to Section 92 may not be exceeded (reduction clause).
If (recurring) allowances are included in the assessment basis of the statutory pension, but not in the pension assessment basis according to Section 92, the parts of the statutory pension corresponding to these allowances are not included in the savings bank pension. Compensation allowances, care allowance subsidies and special increases that arise from voluntary higher insurance in pension insurance and contributions to pension insurance in the case of several jobs subject to compulsory insurance are not included in the statutory pension to be withheld by the savings bank.
(2) If a statutory benefit that can be charged in accordance with paragraph 1 is not paid, is paid to a lesser extent, is paid late, is suspended, withdrawn, reduced or suspended in whole or in part due to improper performance, failure to assert a claim or for any other reason attributable to the person entitled to the benefit, the Savings Bank may nevertheless charge the full amount of the benefit that would otherwise have been due.
(3) If an employee retires before the statutory pension is due, he or she must demonstrably maintain the insurance relationship in such a way that the entitlement to benefits from this insurance is maintained at the level of the last contribution basis until the statutory pension is due, with the savings bank paying the contributions to be paid. The entitlement to benefits from the statutory pension insurance resulting from these periods remains with the savings bank in any case.
(4) If an occupational disability pension is payable, the entire statutory occupational disability pension will be included in the savings bank benefit if the pension recipient has completed less than twenty years of pensionable service at the savings bank and has not yet completed twenty years of insurance in the statutory pension insurance scheme. Otherwise, the occupational disability pension will be prorated between the savings bank and the pension recipient in proportion to the period of pensionable service at the savings bank and the period of insurance in the statutory pension insurance scheme. Paragraph 1, penultimate and final sentences must be taken into account.
(5) If a work-related accident pension is payable, the entire statutory pension from the pension and accident insurance shall be included in the savings bank pension. The penultimate and final sentences of paragraph 1 shall be taken into account.
(6) The savings bank shall only pay out the difference between the benefit it has guaranteed and the applicable statutory pension.
§ 76a Inclusion of pension fund benefits
(1) The benefits of a pension fund, insofar as they are based on employer contributions in accordance with Section 98a (1) to (4), shall be included in the retirement and pension benefits guaranteed under this pension scheme to the extent of 1.5 times the amount.
(2) The following transitional arrangement applies to employees who are permanently employed on the reference date of 1 February 1996 and who have reached the age of 31:
For employees who have reached the age of 31 on the reference date, the benefits from the pension fund are credited at a rate of 1.45 times. This credit factor is reduced by 0.05 for each additional year of life completed on the reference date, but up to a maximum of 1 (= single credit).
The credit factor (AF) for each year of life completed (LJ) is thus as follows:
LJ 31 32 33 34 35 36 37 38 39 40
AF 1.45 1.40 1.35 1.30 1.25 1.20 1.15 1.10 1.05 1.00
For permanent employees who have reached at least 40 years of age on the reference date, only a simple crediting of pension fund benefits takes place.
(3) Regulatory norm according to Section 3 (1) ArbVG:
A regulation deviating from Section 76a in works agreements or individual contracts is not permitted unless higher employer contributions are made in accordance with Section 98a.
§ 77 Payment of pension and pension benefits
(1) Pension and retirement benefits shall be payable from the month following retirement or death. Pension payments shall in principle be payable in the same manner as monthly salaries and special payments for active members, provided that they shall be due:
a) in the case of a first pension accrual before 1 January 1997, on the first of each month in advance,
b) in the case of the first pension accrual after 31 December 1996, on the first day of the following month in arrears.
(2) Recipients of pensions and benefits shall bear the statutory taxes and contributions payable thereon from their own account.
§ 78 Inclusion of statutory severance pay claims
Pension and pension benefits (excluding death benefits) from the savings bank are suspended for as many months as the number of twelfths of the severance payment is due (§§ 70 para. 1 and 71). The benefits from the statutory pension insurance remain with the pension and pension recipient during this period.
§ 79 Re-employment in service
(1) If the recipient of an occupational disability pension is not or no longer declared occupationally disabled by the statutory pension insurance provider during the period of temporary retirement and is called upon by the savings bank to work, he or she must comply with this request within a reasonable period of time, otherwise he or she will lose all entitlements under this pension scheme. In this case, all entitlements under service law, with the exception of the entitlement to severance pay, shall be reinstated at the time of commencement of service to the extent that they existed at the time of leaving the service. If the savings bank waives the recall of the employee to work, it is obliged to pay the entire occupational disability pension itself as a result of the loss of the statutory occupational disability pension.
(2) In the case of a service accident pension, the provisions of the preceding paragraph shall apply, provided that the employment relationship is deemed not to have been interrupted.
(3) If the recipient of an administrative pension who has been placed into temporary retirement due to operational restrictions is called upon by the savings bank to perform his duties within two years, the provisions of paragraph 1 shall apply mutatis mutandis.
§ 80 Coincidence of rest and care benefits
(repealed with effect from 31.1.1996)
§ 81 Extinction of the right to rest and pension benefits
(1) The right to the benefits of rest shall expire
a) upon the death of the beneficiary of the pension,
b) with re-employment in service,
c) on the basis of a corresponding disciplinary decision,
d) if the pension recipient works repeatedly or continuously for another credit institution or for a credit institution interest group without the prior consent of the Savings Bank. The Savings Bank will only refuse its consent if there is competition.
In the cases referred to under points c) and d), the right to future pension benefits also expires at the same time.
(2) The right to pension benefits shall expire
a) upon the death of the beneficiary,
b) with the elimination of a condition for entitlement.
II. Attack of rest pleasures
§ 82 Old Age Pension
(1) An old-age pension shall be payable without proof of occupational disability and without regard to length of service,
(a) as soon as the conditions for entitlement to the statutory old-age pension are met,
b) as soon as the conditions for entitlement to early statutory old-age pension in the case of a long insurance period are met.
(2) Under these conditions, permanent retirement may be requested by the employee or may be carried out unilaterally by the Savings Bank.
§ 83 Occupational Disability Pension
(1) An occupational disability pension is payable if an employee, without having caused this intentionally or by committing a crime, suffers such extensive physical or mental impairment that he is declared occupationally unfit by the statutory pension insurance provider. However, an employee who is not permanently employed is only entitled to an occupational disability pension if he has spent at least 5 years of service at the savings bank after reaching the age of 20.
(2) If the above conditions are met, the employee shall, as a rule, be placed on temporary retirement first.
(3) Permanent retirement shall take place if the statutory pension insurance institution determines that the person is permanently incapable of working or if the statutory old-age pension is payable during the period of temporary retirement.
(4) Under the above conditions, retirement may be requested by the employee or may be carried out unilaterally by the Savings Bank.
(5) The Savings Bank may also grant a permanent employee an occupational disability pension if a doctor appointed by the Savings Bank in agreement with the Works Council determines that the employee is no longer suitable to continue properly performing his or her duties.
§ 84 Service Accident Pension
(1) An occupational accident pension shall be payable, regardless of age and length of service, if an employee, without having caused this intentionally or by committing a crime, suffers such extensive physical or mental impairment as a result of an occupational accident that he is declared occupationally unfit by the statutory pension insurance institution.
(2) An occupational accident is an accident which is recognised by the statutory accident insurance institution as an occupational accident.
(3) An accident occurring on duty is also an accident which occurs in direct or indirect connection with a bank robbery in the broadest sense.
(4) The provisions of Section 83(2) to (4) shall apply to temporary or permanent retirement.
§ 85 Administrative Pension
(1) An administrative pension shall be payable in the event of early retirement due to operational restrictions or the dissolution of the savings bank or due to a disciplinary decision.
(2) In the event of operational restrictions, temporary retirement may initially be declared. If the employee is not reinstated within two years, he or she shall be placed on permanent retirement.
(3) An administrative pension is also payable on the basis of a dismissal for operational reasons of an employee in Group I (Section 49 (5)), provided that the employment relationship ends as a result of the dismissal when the employee reaches the age of 45 and Section 49 (7) does not apply. There is no entitlement to a survivor's pension derived from this against the savings bank.
§ 86 Household allowance, child allowance
(1) The recipient of a pension shall be entitled to a household allowance as long as the conditions laid down in Section 56 are met.
(2) Child allowance shall be payable to the recipient of a pension as long as the conditions laid down in Section 57 are met.
§ 87 Nursing Care Allowance Subsidy
Recipients of a care allowance according to Section 4 BPGG of level 2 or higher are entitled to a care allowance subsidy for the duration of their care requirements.
III. Accrual of benefits
§ 88 Widow's/widower's pension
(1) The widow/widower of an employee or pensioner shall be entitled to a widow's/widower's pension provided that the marriage with the deceased was still in force at the time of his/her death. The conditions for claiming the pension and the duration of the pension are governed by the provisions on statutory widow's/widower's pensions under Section 258 (1) to (3) and Section 270 of the General Social Insurance Act (ASVG).
(2) The entitlement to a widow's/widower's pension shall cease upon the death of the widow/widower or upon remarriage, but in the latter case the widow/widower shall be granted a severance payment in accordance with Section 95(2).
(3) A pension benefit which has expired due to remarriage shall be revived in the event of renewed widowhood or widowerhood, but the severance payment received in accordance with paragraph 2 and any pension entitlements acquired elsewhere shall be included in the savings bank’s widow’s or widower’s pension.
§ 89 Childcare Contribution
(1) After the death of an employee or pensioner, an education allowance shall be payable to each child for as long as the statutory orphan's pension is granted. The same shall apply mutatis mutandis to legitimate children born after the death of the employee or pensioner.
(2) In addition, a maintenance allowance of four times the household allowance pursuant to Section 56, paragraph 1, letter a shall be payable until the person is able to support himself, but for a maximum period of three years, under the following conditions:
a) The death of the employee(s) is the result of violence against the savings bank.
b) There is no entitlement to statutory orphan’s pension.
c) At the time of the employee's death, the child(ren) was/were not capable of supporting themselves because they had not yet completed their education or for other reasons. The child is capable of supporting themselves if they have sufficient means. The means are sufficient if the child receives a regular income of at least the amount of the notional childcare allowance in accordance with Section 89 Paragraph 1.
§ 90 Nursing Care Allowance Subsidy
The provision of Section 87 also applies to recipients of widows’/widowers’ pensions and childcare allowances.
§ 91 Death Benefit
(1) The death benefit is intended to cover funeral costs and any medical and nursing care costs and to bridge economic difficulties.
(2) In the event of the death of an employee or pensioner, the death grant shall be paid in the first instance to the widow/widower if the spouses were living together as a married couple at the time of death. If the deceased has not left behind a widow/widower who is entitled to the grant, the death grant shall be paid to his/her children for whom he/she was receiving statutory family allowance at the time of death.
(3) If neither an entitlement pursuant to paragraph 2 nor an entitlement to severance pay pursuant to Section 71 exists, the Savings Bank shall provide financial support for the burial to an appropriate extent, with a Class 2 burial being considered as a guideline.
IV. Services
§ 92 Pension Assessment Basis
The basis for calculating the pension and special payments is the last monthly salary, including the allowances expressly declared as eligible for pension (pension assessment basis). Salary reductions due to illness (Section 36) are not taken into account.
§ 93 Amount of the pension
(1) The old-age pension, the occupational disability pension and the administrative pension amount to 40% of the pension assessment basis for the first 10 years of service that count towards a pension. It increases by 1.6% for each of the following 25 years of service and by 1% for each of the following 5 years of service, so that after 40 years of service a maximum of 85% of the pension assessment basis is reached.
For employees who retire from 2019 onwards, the maximum pension amount is reduced by 0.5% points annually until 2028. From 2028 onwards, the maximum pension amount will then be 80%. The above-mentioned increase scale remains unaffected.
The calculation of the occupational disability pension must be based on at least 20 years of pensionable service.
The above-mentioned increase scale is modified when determining the administrative pension pursuant to Section 85 (3) for eligible employees who only completed the waiting period pursuant to Section 10 (2) after December 31, 2005, in that it amounts to 20% of the pension assessment basis for the first 10 years of service eligible for a pension. When calculating the administrative pension pursuant to Section 85 (3), the maximum amount is set at 80% of the pension assessment basis in any case.
(2) The occupational accident pension shall be 100% of the pension assessment basis increased by 12% in the AG activity groups – but not more than the standard salary of level 9 increased by 10% – and by 6% in the H activity group – but not more than the standard salary of level 9 increased by 4%. If an employment contract provides for a salary arrangement that deviates from the salary scheme, any outstanding advancements shall be taken into account at the rate attributable to the next 5 years.
(3) The occupational accident pension in the case of Section 84 Paragraph 3 is 100% of the pension assessment basis increased by 8 time-based advancements. If time-based advancements are no longer possible in the relevant activity group, up to 4 outstanding fictitious time-based advancements will be taken into account at the amount of the last advancement. If these regulations do not ensure adequate provision - also with regard to the level of performance before 1 January 2005 - further socially appropriate regulations can be made immediately by mutual agreement between the savings bank and the works council.
(4) If the pension calculated at the time of the occurrence of the pension event in accordance with paragraphs 1 to 3 exceeds the limit of section 164 paragraph 1, first sentence, the pension shall be due in the reduced amount in accordance with section 164 paragraph 1.
§ 94 Amount of household and child allowance
(1) Household allowance shall be payable at the rate of 85% of the household allowance for employees (see Section 56, paragraph 2 and the schedule sheet in Annex 1).
(2) Child allowance shall be payable in the same amount as for employees (see Section 57, paragraph 1 and the schedule in Annex 1).
§ 95 Amount of the widow's/widower's pension
(1) The widow's/widower's pension shall be payable as a percentage of the pension calculated in accordance with Section 93. The percentage of the widow's/widower's pension shall correspond to the respective percentage of the statutory widow's/widower's pension pursuant to Section 264 ASVG.
(2) The severance payment due in the event of remarriage pursuant to Section 88(2) shall comprise an annual amount of the widow's/widower's pension, in which, however, the severance payment from statutory pension insurance shall be included only to the extent of an annual statutory pension.
§ 96 Extent of the educational contribution
(1) The childcare allowance shall be
a) for each simply orphaned child, 16% of the pension assessment basis, but at least the sum of the orphan's pension from the statutory pension insurance and the child allowance from the savings bank,
b) for each doubly orphaned child, 24% of the pension assessment basis, but at least the sum of the orphan's pension from the statutory pension insurance and the double child allowance from the savings bank.
(2) In the event of an accident at work (Section 84, paragraphs 2 and 3), the pension assessment bases pursuant to Section 93, paragraphs 2 and 3 shall be applied.
(3) The sum of the child-rearing contributions calculated in accordance with paragraph 1 and the widow's/widower's pension may not exceed the pension calculated in accordance with section 93 plus child allowance; otherwise the individual child-rearing contributions shall be reduced proportionately.
(4) If the elimination of a child-rearing allowance makes it possible to increase the reduced child-rearing allowances for the remaining children, the child-rearing allowances shall be recalculated on the first of the next month.
(5) If no widow’s or widower’s pension is payable or is no longer payable, the children shall in any event be considered doubly orphaned.
(6) The childcare allowance for minor children shall be paid to the legal representative.
§ 97 Amount of the nursing care allowance
The nursing care allowance supplement is granted in the same amount and in the same number as the respective nursing care allowance of level 2 in accordance with Section 5 Paragraph 1 BPGG. The nursing care allowance supplement is suspended in the case of inpatient stays in a hospital and the other suspension circumstances of Section 12 BPGG in the same proportion as the respective nursing care allowance.
§ 98 Amount of the death benefit
(1) The death grant for an employee shall be 25% of the annual sum of ordinary salary calculated on the basis of the salary conditions existing in the last month, excluding overtime pay, cashier's allowance and reimbursement of expenses in the event of a transfer.
(2) The death benefit for a pension recipient shall be 25% of the annual pension calculated on the basis of the last monthly pension.
CB Financing of the pension commitment through a pension fund
§ 98a Works Agreement on Pension Fund Contributions
(1) To finance pension benefits, the savings banks have concluded agreements with a pension fund.
(2) Based on the company agreement based on this, the savings bank will pay pension fund contributions for all active employees from the age of 20 onwards in the following amounts from 1 February 1997 (or from 1 February 1998 if the pension security contribution is taken into account in instalments), with the respective basis being the pensionable salary components plus 85% of the household allowance. In savings banks which already had a pension fund regulation anchored in a company agreement on 31 March 1996, the start of contribution payments can be deferred until the employee reaches the age of 30 at the latest if higher employer contributions to the pension fund result in a coverage capital at least as high as the date on which a statutory old-age pension becomes payable.
2.2% for salary components up to the amount of activity group G, level 8,
4.2% for salary components above that up to the amount of activity group H, level 9, and
6.2% for salary components above that, with the percentage increasing by a further 2 percentage points for each additional EUR 726.73.
The pension fund benefit financed from employer contributions is included in the benefits to be granted in accordance with the savings bank collective agreement at 1.5 times the amount or to the extent of the transitional arrangement (Section 76a).
The pension fund entitlements are calculated using financial mathematics, so that the assets paid in for a beneficiary are available without restriction in the event of a benefit and are not redistributed to other beneficiaries.
Calculation basis:
Actual interest rate 3.5%
Expected accounting surplus currently 7.5%
Probability tables according to Ettl/Pagler
(3) Based on this company agreement, the employee has the option of co-financing the benefit promise in the event of a definitive appointment by paying employee contributions equal to half the amount of the employer contributions. The technical implementation is carried out by the above-mentioned offsetting of the employer contributions at 1.5 times the amount, whereby if the employee makes the corresponding contributions to achieve the amount of the pension promise, there is a corresponding reduction if no or reduced benefits are paid.
The pension amount guaranteed in the benefit promise in the event of a definitive appointment can therefore only be achieved with co-financing through employee contributions.
(4) Regulatory norm according to Section 3 Paragraph 1 of the ArbVG:
A regulation in a works agreement or in individual contracts that deviates from Section 98a Paragraphs 2 and 3 is only permissible insofar as it provides for higher employer contributions, whereby the 1.5-fold offset is only permissible up to the amount of the collective agreement contributions. A 1.5-fold offset of higher employer contributions is not permissible.
(5) For overtime worked from 1 January 2003 and compensated financially (Section 61 Paragraph 1), part-time employees who have reached the age of 20 will receive a pension fund contribution of 2% of the overtime pay paid (including a 16.67% overtime surcharge).
Payments into the pension fund can be made in a subsequent lump sum payment by 30 April of the following year at the latest; in this case, a final lump sum payment must be made together with the final settlement upon termination of the employment relationship.
(6) In the event of an "opting-out" (exclusion of the minimum return guarantee of the pension fund by concluding a company agreement), the contribution rates previously agreed in the collective agreement or company for the current pension fund contribution will be increased by 0.2% points from February 1, 2006 or, in the event of an "opting-out" that occurs thereafter, from the first of the following month. In the same way, the volume resulting from this contribution increase can be paid into an alternative form of pension provision of materially equivalent value for the beneficiary(ies).
(7) For the period from the birth – after 1 January 2006 – until the end of the child’s first year, the savings bank pays basic contributions to the pension fund for the employed mother/father (from the time they turn 20) if and as long as they are not in active employment because they are prohibited from working and/or they subsequently take parental leave under the Maternity Protection Act or the Fathers’ Parental Leave Act. The basic contributions are to be paid in the form of a one-off payment, which is due when the ban on working or parental leave ends and the child resumes active employment. The basis for calculating the one-off payment is the last monthly basic contribution paid before the start of parental leave.
CC special rule section "Pension Reform '99"
§ 98b Scope of Part CC
§ 98c General and Definitions
§ 98d Pension fund contributions for permanent employees on the outsourcing date
§ 98e Pension fund contributions for definitive positions after the outsourcing date
§ 98f Further special regulations in pension fund contribution law
§ 98g Special regulations for rest and care benefits
§ 98h Transitional provisions
CD Special Rules for Company Pension Provision – Future
§ 99 Scope of Part CD
§ 99a Pension contributions
§ 99b Occupational Incapacity
§ 99c Incapacity for work ("work-related accident")
§ 99d Common provisions for occupational and service incapacity ("service accident")
§ 99e Death
§ 99 is omitted
§ 100 Savings Bank Education Collective Agreement
§ 101 Training Costs
§ 102 Equal Treatment Principle
§ 103 to § 119 are no longer applicable
I. Breaches of duty and penalties
§ 120 Type of breaches of duty and penalties
§ 121 Administrative Offenses
§ 122 Disciplinary Offenses
§ 123 Administrative Penalties
§ 124 Disciplinary Penalties
§ 125 Disciplinary treatment of pension recipients
§ 126 Conditional punishment
II. Disciplinary Commission
§ 127 Jurisdiction
§ 128 Composition
§ 129 Personal Requirements
§ 130 Term of Office
III. Disciplinary proceedings
§ 131 Initiation of the procedure
§ 132 Preliminary Investigation
§ 133 Investigation Report
§ 134 Procedural Determination
§ 135 Disciplinary Attorney
§ 136 Defense Attorney
§ 137 Scheduling of the oral hearing
§ 138 Rejection of members
§ 139 Negotiation
§ 140 Consultation and Resolution
§ 141 Minutes of the Trial
§ 142 Disciplinary Decision
IV. Other provisions
§ 143 Limitation Period
§ 144 Suspension
§ 145 Legal Remedies
§ 146 Disciplinary Files
§ 147 Expiration of a Penalty
§ 148 Resumption of proceedings
§ 149 Costs of the proceedings
F. Travel Expenses Regulations
§ 150 Business Trips
§ 151 Reimbursement of travel expenses
§ 152 Reimbursement of expenses in the event of official transfer
§ 153 Transitional provisions for the entry into force of the revised travel expenses regulations
§ 154 Boarding School Fees
§ 155 Reimbursement of travel expenses for apprentices
§ 156 to § 161 are no longer applicable
§ 162 Salary Scheme
§ 163 Apprenticeship Compensation
§ 164 Reduction levels for pension determination
§ 165 University of Applied Sciences Compulsory Internal Compensation
§ 166 Occupational health care
§ 167 Transition to the new salary scheme
§ 168 Establishment of results- and performance-based payment
Annexes and other provisions
Appendix 1: New salary scheme
Appendix 2: Technical Annex to PR '99 - TA
- TA I Technical part for outsourcing as of 12/31/99
- TA II Technical part for the calculation of BU, DU and administrative pension
- TA III List of abbreviations for TA
Sparkasse Collective Agreement on Education
General Provisions
Art I Scope
Art II Commencement and Duration of Effectiveness
Art III Works Agreements
Art IV Transitional Provision
Art V equal treatment
Art VI Interpretation
Art VII Basic Principles of Qualification
- equal opportunities and accessibility
- framework conditions for learning
- choice of appropriate learning formats
Art VIII KV Education Commission (KV-BiKo)
Art IX Special Provisions
1. Basic training for all employees regardless of function
§ 1 General
2. Training dependent on specific tasks, role and function
3. Individual qualification beyond the task
4. Rights and obligations to ensure qualification
§ 1 Rights and obligations of managers
§ 2 Rights and obligations of the savings bank
§ 3 Rights and obligations of employees
5. Learning support, examinations, results, dates, dispensation, reimbursement of training costs
§ 1 Learning Support
§ 2 Examinations
§ 3 Results
§ 4 Examination costs
§ 5 Dispens
§ 6 Reimbursement of training costs
6. Definitions/Descriptions
Collective Agreement on the Calculation of Remuneration in Accordance with Section 6 of the Holiday Act
Collective agreement of February 8, 1988 concerning the reduction and flexibilization of working hours in credit institutions
collective agreement "KV Saturday afternoon"
collective agreement on corona testing
Selection of some laws