Collective Agreement for Advertising and Market Communication Vienna, Employees, valid since January 1st, 2022

Applies to:

Vienna

collective agreement

for employees in companies of the Advertising and Market Communications Division Vienna, effective date January 1, 2022

Table of contents

§ 1 Contracting Parties

§ 2 Scope

§ 3 Period of validity

§ 3a

§ 4 Working hours

§ 4a Short-time work

§ 5 Overtime, Sunday and holiday work

§ 6 Night work

§ 7 Leisure time in case of absence from work and additional days off

§ 7a Recognition of secondary school studies when determining the duration of vacation

§ 7b Recognition of parental leave (§ 15f MSchG and § 7c VKG)

§ 8 Termination

§ 8a Severance Pay

§ 9 Sick leave and home stays (deleted as of January 1, 2005)

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

§ 11 13th and 14th monthly salary

§ 12 Service inventions

§ 13 Special Agreements

§ 14 Probationary Period, Severance Pay BMSVG

§ 15 Settlement of collective disputes

§ 16 Job categories and minimum basic salaries, general commission job category scheme

§ 17 Credit towards the minimum basic salary

§ 17a Payroll

§ 18 Apprentices

§ 18a Collective agreement minimum basic salaries for part-time employees

§ 19 Re-publication of applicable provisions, favorability clause

§ 20 Salary Table (Minimum Basic Salaries)

Annex A: Short-time work and the provision of short-time work support

Supplementary Collective Agreement 2019: Introduction of travel expense allowance

§ 1 Contracting Parties

The collective agreement is concluded between the Vienna Advertising and Marketing Communications Section on the one hand and the Austrian Trade Union Confederation,
GPA Union, Printing/Communications/Paper Processing Sector on the other.

§ 2 Scope

(1) The collective agreement shall apply:

a) spatially: for the Federal Province of Vienna;

b) professional: for all member companies of the Vienna Advertising and Marketing Communications Section, with the exception of ORF Online and Teletext GmbH & Co KG *) ;

c) personally: for all employees subject to the Salaried Employees Act and for commercial apprentices
employed in these establishments;

*) also in the event of a change in the company name, legal form, etc.
ORF Online and Teletext GmbH & Co KG is subject to a separate collective agreement.

(2) The collective agreement shall not apply

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

b) for members of the board of directors, directors and managing directors of limited liability companies, insofar as the aforementioned are not subject to the Chamber of Labor levy.

§ 3 Period of validity

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

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

(3) The provisions of the collective agreement on the level of the minimum basic salary (Section 16), the apprenticeship wages for commercial apprentices (Section 18) and the night work allowance (Section 6) may
be terminated by registered letter with one month's notice effective on the last day of each month.

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

§ 3a

Registered partnerships are treated as marriage for the purposes of this collective agreement.

§ 4a Short-time work

If short-time working is agreed to compensate for short-term fluctuations in employment in order to safeguard jobs, the contracting parties recommend using the form provided for in Annex A.

§ 5 Overtime, Sunday and holiday work

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

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

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

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

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

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

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

(9) Before overtime is worked, it may be agreed that, instead of overtime pay, the employee shall receive 1.5 hours of paid time off for each hour of overtime worked and 2 hours of paid time off for each hour of overtime worked at night and on Sundays.

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

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

§ 6 Night work

(2a) Night work is only permitted if there is a voluntary written agreement (service note).
If employees reject such an agreement, the employment relationship may not be terminated for this reason; credible evidence is sufficient. An impermissible termination does not exist if there is a higher probability of another motive, credibly demonstrated by the employer. The employer's ignorance of the refusal cannot be claimed. The impermissibility of the termination can only be
asserted within 14 days or immediately after an unforeseen or unavoidable obstacle has ceased to exist and only in court.

(2b) The employer is obliged, in accordance with operational possibilities, to place the employee in a suitable daytime workplace at his or her request for the duration of the following impediments:
If, according to a medical assessment, continuing to work at night ends the employee's health,
care for a child under the age of 12 living in the employee's household
cannot be guaranteed during night work and for at least 8 hours during the day, or the employee is caring for a close relative in need of care (Section 16 of the Holiday Act) from care level 3.
The latter two reasons cannot be used if another person lives in the shared household who can carry out the corresponding care and support duties.
Circumstances that already existed when the agreement was concluded cannot be used. If a transfer to another suitable
day job is not possible for operational reasons, or if it does not take place within 14 days, the employee is entitled to leave early.

(2c) When scheduling night work, the employer shall, as far as possible, take into account the needs of employees who attend, or intend to attend, a vocational training establishment or school.

(2d) If a day job becomes vacant in an establishment, it shall be advertised internally. Priority shall be given to employees who perform night work and who are able to perform the vacant work – possibly after reasonable retraining.

(2e) Employers must ensure that employees who perform or are to perform night work can, at their own request, undergo a medical examination before starting this work and during the continuation of the work within the meaning of Section 12b AZG, Federal Law Gazette Part I 122/2002. The employer must reimburse the employee for any costs incurred. The time required is to be counted towards working hours.

§ 7 Leisure time in case of absence from work and additional days off

(1) In the event of the occurrence of the following family matters, which are reported and subsequently proven, each employee shall
be granted time off without reduction in his or her monthly salary to the following extent:

a) In the event of the death of the spouse, 3 working days

b) Death of the partner if he or she lived with the employee in the same household 3 working days

c) In case of death of a parent 3 working days

d) In case of death of a child 2 working days

e) In the event of the death of siblings, parents-in-law and grandparents: 1 working day.
In the event of absence from work due to death, if the funeral takes place outside the employee's place of residence, the employee is also entitled to the necessary free time for the journey to and from the place of funeral, up to a maximum of one additional working day.

f) if you are married yourself, 3 working days

g) in the case of a change of residence in the case of maintaining one's own household or in the case of setting up one's own household, 2 working days

h) in case of marriage of siblings or children 1 working day

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

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

(3) For the year 2022, a time credit of 1/5 of their weekly working hours is agreed for all employees, including apprentices. This time credit must be used up by December 31, 2022; otherwise this entitlement expires.

§ 7a Recognition of secondary school studies when determining the duration of vacation

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

§ 8 Termination

(1) Termination in the event of long-term illness
If termination on the 15th or last day of a calendar month was not agreed in the employment contract and termination in the event of long-term
illness only occurs two weeks after expiry of the notice periods pursuant to Section 8 (1) AngG, termination on the 15th or last day of a calendar month shall be deemed to have been agreed.

(2) The following applies to employment relationships established on or after 1 January 2016:
Unless this collective agreement contains more favorable provisions, termination of an employment relationship by the employer and the employee can only take place in accordance with the provisions of the Employees Act .
In the absence of an agreement regarding termination dates that is more favorable to the employee, the employer can terminate the permanent employment relationship in accordance with the provisions of the Employees Act, provided that it can be terminated on the 15th or last day of the calendar month.
In the absence of an agreement regarding termination dates that is more favorable to the employee, the employee can terminate the employment relationship on the 15th or last day of the calendar month, subject to one month's notice. (Section 20, Paragraph 3 of the Employees Act) Better provisions in the employment contract remain in place.

(3) For employment relationships established before 1 January 2016, the previously better provisions remain in place, as well as for fixed-term employment relationships established before 1 January 2016 which are converted into permanent employment relationships.

§ 9 Sick leave and home stays

Editorial note: This provision will be repealed as of January 1, 2005. The statutory provisions apply.

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

Work-disabled persons with a disability of 50 percent or more receive an additional three working days' leave in each year of service.

§ 12 Service inventions

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

§ 13 Special Agreements

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

§ 14 Probationary Period, Severance Pay BMSVG

(1) Probationary period
The first month of the employment relationship shall be considered a probationary period
unless a shorter period has been agreed in writing
or such a period has been excluded altogether.
During the probationary period, the employment relationship may be terminated
by either party at any time without observing
a period of notice.

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

§ 15 Settlement of collective disputes

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

§ 16 Job categories and minimum basic salaries, general commissions

(1) The job titles listed in the job categories are only examples of equivalent activities.

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

(3) All employees shall be classified into employment groups 1 to 6 according to the nature of their main activity.

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

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

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

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

(8) Within a job group, the minimum monthly basic salary due to the employee is
determined by the number of job group years that can be taken into account.
Job group years are those periods that an employee
spent in a specific job group or, before this collective agreement came into effect, in the activity corresponding to a specific job group as an employee. For the purposes of taking job group years into account, it is irrelevant whether these were spent with one or several employers. Job group years that an employee can prove from previous employment relationships with other employers will, however, only be taken into account up to a maximum of 12 job group years when classifying the employee into a specific job group.
A prerequisite for this to be taken into account, however, is that the employee informs the company management of these periods when joining the company and, if possible, immediately,
but no later than within 2 months, provides evidence of this by means of appropriate certificates or other employment documents. The timely submission of the certificates must be certified to the employee on the service slip provided for in paragraph 4. If such a slip is not issued, the limitation period does not apply.

§ 17 Credit towards the minimum basic salary

Paragraph 1 shall be repeated as of January 1, 2003

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

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

§ 17a Payroll

(1) The employee has a legal right to a clear statement of accounts showing:

a) the billing month,

b) overtime,

c) any allowances,

d) special payments,

e) deductions and their assessment basis,

f) Breakdown of the abbreviations and code numbers used.

(2) When flexible working time models are used (eg flexible working hours, additional work and overtime in lieu of time), the employee must be informed monthly in writing or in a verifiably similar form of the difference between normal working hours and the working time actually worked.

§ 18 Apprentices

(1) The monthly salary for apprentices is: See salary table.

(2) The boarding school costs incurred by the apprentice as a result of his/her stay in a student residence designated for vocational school students in order to fulfill his/her compulsory vocational school attendance shall be reimbursed to the apprentice by the authorized trainer in such a way that the apprentice retains at least 50% of the respective apprentice's income for the period corresponding to the duration of the boarding school.

(3) The apprentice is obliged to complete the "training certificate midway through the apprenticeship" (according to the guidelines of the Federal Vocational Training Council on promoting the in-company training of apprentices in accordance with Section 19c BAG of April 2, 2009) . In return, the apprentice receives a one-off bonus of 10% of the amount stipulated in the guidelines.
This cash payment is paid out with the apprentice's salary in the month after completing the "training certificate midway through the apprenticeship". The repeal of the guidelines leads to the loss of this entitlement.
The documentation of the apprenticeship training takes place in accordance with the Data Protection Act and the Labor Constitution Act. After
the training has ended, the documentation is handed over to the apprentice. No copies remain in the company.

§ 18a Collective agreement minimum basic salaries for part-time employees

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

§ 19 Re-publication of applicable provisions, favourability clause

(1) This collective agreement supplements and republishes the collective agreement of 1 January 1990.

(2) Existing practices and agreements which are more favourable to employees shall remain unaffected.

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

§ 20 Salary Table (Minimum Basic Salaries)

Valid from January 1, 2022

1. The minimum basic salaries will be increased by 2.8% in all employment groups. The amounts will be rounded up to the next 10-cent amount.

2. Apprentice salaries will be increased by 2.8% each as of January 1, 2022.

3. The daily and overnight allowances (Section 4 of the Supplementary Collective Agreement) and the night work allowances (Section 6) are increased by 2.8%.

This results in the following minimum basic salaries:

apprentices

§ 6 Paragraph 1: Night work € 2.32

SPECIALIST GROUP ADVERTISING AND MARKET COMMUNICATION VIENNA

AUSTRIAN TRADE UNION FEDERATION
GEWERKSCHAFT GPA

AUSTRIAN TRADE UNION FEDERATION
GPA TRADE
UNION ECONOMIC SECTOR PRINTING / COMMUNICATION / PAPER PROCESSING

This collective agreement will come into force on January 1, 2022.

Annex A

agreement

concluded between the  Advertising and Market Communications Section

and the

Austrian Trade Union Federation, GPA trade union, Printing / Communication / Paper Processing sector  and the trade union

................................................ ................................................ .....

on the introduction of SHORT-TIME WORK and the PROVISION OF SHORT-TIME WORK SUPPORT during its duration

I. Scope

This agreement applies

1. geographically:  (name and address of the employer and the company affected by short-time work): ..........................................................

................................................ ................................................ ...........................

2. professional:

a)  for the entire company: ................................................................................

................................................ ................................................ ...........................

b)  for the following operating department(s): ..................................................................    

................................................ ................................................ ...........................

3. Personal: For the employees of the company specified in the geographical scope.
This agreement does not apply to apprentices. 

Total number of employees of the company:

a) Number of employees: .........................................................................................

of those affected by short-time work: .............................................................................

Number of expected hours of absence during the short-time working period for employees (short-time working hour quota = hours of absence per week x number of weeks x number of employees affected)

................................................ ................................................ .............................

b) Number of male and female workers: ..............................................................

of those affected by short-time work: .............................................................................

Number of expected hours of absence during the short-time working period for workers (short-time working hour quota = hours of absence per week x number of weeks x number of workers affected)

................................................ ................................................ .............................

4. temporally: For the period from .................... to ....................

II. Date of application

For the company, this agreement takes effect from the time at which the employer notifies the responsible regional office of the Public Employment Service (formerly the employment office) that he or she is subject to the provisions of the agreement.
The notification must contain the number of employees affected by short-time work. At the same time, the employer must
declare in the notification that he or she is prepared to have operational checks carried out in the company to determine whether the
conditions set out in the agreement are being complied with.
If works council bodies have been set up in the company, the notification must also be signed by the respective chair of the works council. The employer is bound by the agreement until the notification is revoked.

III. Short-time work and short-time work support

In the interest of maintaining the number of employees and in order to enable the employer to submit a request in accordance with Section 27 (1) b AMFG in conjunction with Section 29 AMFG, the contracting parties agree on the introduction and compliance with the following measures in
the area specified in Section I:

1. Short-time work

a) The agreed short-time work can only be introduced with the consent of the respective works council and the relevant trade union(s). If there is no works council, consent must be reached with the relevant trade union(s).

b) The collectively agreed normal working hours within four consecutive working weeks of
........ working hours ...... minutes shall be reduced by
........ hours ...... minutes to
........ hours ...... minutes.

On the one hand, at least 4/5 of the normal weekly working hours provided for by law or collective agreement must be worked in the company within four consecutive weeks, and on the other hand, at least 2/5 of the normal weekly working hours (as provided for by law or collective agreement) must be lost within four consecutive weeks.

2. Maintaining the number of employees

a) The company is obliged to maintain the same number of employees in the company as it had at the time the request was made for the duration of the short-time work and a retention period that goes beyond that, which corresponds at least to the duration of the previous short-time work. Terminations may only
be issued after the expiry of this retention period.
A different retention period after the end of short-time work can be agreed by works agreement. In the absence of a works council, agreement must be reached with the relevant trade union(s).
The company is therefore obliged to refrain from terminating employment relationships that it would otherwise be free to do while this obligation exists.
Employment relationships that have already been terminated and whose notice periods fall within the period of short-time work may still be terminated properly.
The same applies to fixed-term employment relationships (expiration of time).

b) A reduction in the specified number of employees (except for justified early terminations or amicable terminations of employment relationships as defined below) during short-time work and the retention period beyond that pursuant to letter a) may only take place with the prior consent of the responsible works council – which, however, is not to be assessed within the meaning of Section 105 of the ArbVG – and the head of the responsible office of the employment service. If there is no works council, the responsible trade union takes its place.
In the event of termination by the employee or in the event of an amicable termination of employment relationships, the employer is under no obligation to replenish the number of employees. The same applies if the conditions for an early termination of the employment relationship by the employer
are met (Section 82 of the Trade Code or Section 27 of the Employees Act).
In the case of a mutual agreement, however, this only applies if the employee can prove that he or she had the opportunity
to consult with his or her company or inter-company representative body about the termination of the employment relationship.

c) The employment of .................... employees who are not citizens of an EEA state is
irrelevant in the company for the transition to short-time work within the meaning of Section 8 of the AuslBG.

d) From the beginning of the period in which short-time working takes place until the end of the subsequent retention period, the use of temporary workers or the relevant employment on the basis of a work contract is prohibited in the areas affected by short-time working, unless agreement is reached with the relevant works council or, in the absence of such a council, with the relevant trade union.

3. Inclusion of part-time employees

(a) The .................... part-time employees employed in the establishment who are also affected by short-time work must be included in the short-time work support.

(b) The normal working hours of these part-time employees shall be reduced as follows:

4. Short-time work support

a)  Employees are granted short-time work support for the loss of work and salary (wage) associated with short-time work. This is paid out by the employer with the remuneration for the actual working hours.
When submitting a request for short-time work support, care must be taken to ensure that the short-time work support is paid at least in the amount of the flat rates set by the Federal Ministry of Labor and Social Affairs (Section 29, Paragraph 3 AMFG). In order to classify part-time employees in the flat rates, their salary (wage) must be converted to full-time.

b)  Short-time work support is available for absences from work on working days.

IV. Social security contributions

During the period of receiving short-time work support, social security contributions must be paid based on the last contribution basis before short-time work began. It can be agreed through a works agreement that the difference between the employee share of social security contributions included in the short-time work support and the full last contribution basis is borne by the employer. The amount of this difference can also be regulated in the form of a flat rate.

V. Payment

The employer is obliged to pay the short-time work support to the employees affected by short-time work at the same time as the remuneration for the actual working hours. The employer must therefore check the conditions for the payment of short-time work support.

VI. General Provisions

1. In the area of ​​the establishment covered by this agreement, the provisions of Section 1155 ABGB (maintenance of the right to remuneration) in conjunction with the relevant collective agreement provisions shall not apply to the extent that the loss of working hours is due to short-time work.

2. The other provisions of the relevant collective agreement are not affected by the agreement. Likewise, any collective agreement provisions on short-time work and their social security implications remain fully in force.
The unreduced weekly working hours are to be used as the basis for calculating holiday pay.

3. When calculating remuneration in accordance with the Continued Remuneration Act (EFZG) or the sickness benefit supplement in accordance with the relevant collective agreement provisions and Section 8 AngG, the short-time work flat-rate rates must be included in the basis for calculating sickness pay.

4. If short-time work is included in the weekly salary/weekly earnings/monthly salary*) on which the severance payment calculation is based, the salary to be used is the salary that would have been due if short-time work had not been agreed.

*)  Delete as appropriate.

5. This principle also applies to the assessment of special payments.

VII. Obligation to provide information

Before short-time work begins, but no later than when this agreement is presented for signature, the employer must provide each relevant union with a written, economic justification for the need for short-time work. 
After short-time work has ended, the company must provide written information about the actual use or exhaustion of short-time work to the relevant union. The information must in any case contain the points listed in Sections IZ 1-4 of this agreement. If the planned short-time work is not implemented, a blank report must be submitted. A copy must be sent to the relevant works council body.

AUSTRIAN TRADE UNION
FEDERATION GPA

AUSTRIAN TRADE UNION FEDERATION
GPA TRADE
UNION ECONOMIC SECTOR PRINTING / COMMUNICATION / PAPER PROCESSING

supplementary collective agreement

concerning the introduction of a travel allowance for the professional groups of advertising designers / advertising architects and advertising material distributors in Vienna (valid from 1 January 2022)

§ 1 Contracting Parties

The collective agreement is concluded between the Vienna Advertising and Marketing Communications Section on the one hand and the Austrian Trade Union Confederation, GPA Union, Printing/Communications/Paper Processing Sector on the other.

§ 2 Scope

(1) The collective agreement shall apply:

a) spatially: for the Federal Province of Vienna;

b) professional: for member companies of the Vienna Advertising and Marketing Communications Specialist Group, which belong to the professional groups of advertising designers/advertising architects and advertising material distributors.

c) personally: for all employees subject to the Salaried Employees Act as well as for commercial apprentices
employed in these establishments.

(2) The collective agreement shall not apply:

a) for holiday interns and volunteers;
holiday interns are students who are temporarily employed for the purpose of professional (technical, commercial or administrative) preparatory training or education in accordance with the public study regulations.
Volunteers are people who are employed for the purpose of professional (technical, commercial or administrative) preparatory training or education, provided that this circumstance was expressly stated at the time of recruitment and they are not employed in a company for longer than six months.

b) For members of the board of directors, directors and managing directors of limited liability companies, insofar as the aforementioned are not subject to the Chamber of Labour levy.

§ 3 Period of validity

(1) This collective agreement shall enter into force on 1 January 2022 and shall be valid for a period of one year.

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

§ 4 Travel Expenses Reimbursement

The daily and overnight allowances will be increased by 2.8% from January 1, 2022.

1. Definition of business trip:
a) A business trip occurs when an employee leaves the company premises to carry out an assignment given to him or her.

b) If the business trip is started from the company premises, it begins when the employee leaves the company premises. In all other cases, the
business trip begins when the employee leaves the home for the purpose of the trip. The business trip ends when the employee returns to the company premises or
returns to the home for the purpose of the trip. The employer decides whether the business trip is started from the home or from the company premises. If in doubt, the business trip must be started from the company premises.

2. Travel expense reimbursement:
In the case of business trips within the meaning of paragraph 1, the employee shall be reimbursed for the additional expenses incurred by the business trip in accordance with the following provisions.

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

b) In the event of an uninterrupted absence of 6 hours, a daily allowance of € 8.33 shall be payable.

c) In the event of an absence of more than 6 hours – including travel time, excluding lunch break – a daily allowance of € 8.33 shall be payable, plus € 3.43 for each full hour beyond the 6th hour, up to a maximum of € 27.06.

d) In the event of an absence of more than 11 hours and if employment outside the place of work (item 1 lit b) requires an overnight stay away from home, a daily allowance of €33.71 is due. The daily allowance is payable for the first time for the outward journey, namely €33.71 if departure from the place of work is scheduled before 12 noon, and an expense allowance of €19.85 if departure is after 12 noon. For the day of the return journey, a daily allowance of €19.85 is paid if the employee
arrives at the place of work before 5 p.m. as scheduled, and a daily allowance of €33.71 if arrival is after 5 p.m.

(e) If, on occasion of a business trip, a continuous stay of more than 28 days in one place is required, the daily allowance due in accordance with points (d) and (i) shall be reduced by 25 percent from the 29th day.

f) Overnight allowance:
If employment outside the permanent company – including travel – requires an overnight stay away from home, the employee is entitled to an overnight allowance if the employer does not provide reasonable accommodation. The overnight allowance is €15.08. If the employee is
unable to obtain reasonable accommodation for this amount, the overnight costs will be reimbursed upon presentation of a receipt;
unnecessary additional expenditure is to be avoided.

g) The daily expense allowance (day and night allowance) is waived in full in the event of an unexcused absence. The same applies if the
absence from work or incapacity to work of any kind is caused intentionally or through gross negligence.
In the event of an accident at work, the daily expense allowance is only waived if the accident was caused intentionally.
If a hospital stay is necessary, the daily allowance is reduced to 1/3 of the full agreed daily allowance. The overnight allowance is waived, but ongoing accommodation costs will be reimbursed upon presentation of proof until revoked by the company management.

h) The provisions of paragraph 2(a)–(g) shall not apply to those employees who, due to their employment contract or their official duties, have to travel regularly (travellers, representatives) and with whom either a flat rate for travel expenses has been mutually agreed or with whom a remuneration has been mutually agreed in which travel expenses
are already covered, whereby it must be noted that the flat rate corresponds at least to the amount to be paid out in accordance with paragraph 2(a)–(g).

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

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

Editorial note: The change of title from advertising designer to advertising architect was made due to a change in the PROFESSIONAL STATUTE.

SPECIALIST GROUP ADVERTISING AND MARKET COMMUNICATION VIENNA

AUSTRIAN TRADE UNION FEDERATION
GEWERKSCHAFT GPA

AUSTRIAN TRADE UNION FEDERATION
GPA TRADE
UNION ECONOMIC SECTOR PRINTING / COMMUNICATION / PAPER PROCESSING

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