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Starting 2019 some important regulations for the collective agreement „trade“ have been amended. We have summarized for you the most important changes.
Consideration of leave times
The daily normal working day can be 10 hours per day for a 4-days-week. Also, these days don’t have to be agreed as continuous days within a week (i.e. Monday, Tuesday, Thursday, Friday is also allowed). The employee has to apply for a 4-days-week at the employer, who can refuse within 2 weeks due to “organizational reasons”. For decisions on such applications the work’s council has to be included.
Take over of „time credit“ or „time debts“ into the next consideration period
Starting January, 1st 2019 it is possible to take over „time credit“ or „time debt“ into the next consideration period – up to a maximum of 50% of the agreed weekly working time.
Closing of shops on December, 24th at 1 pm
The employment – and therefore also the „normal working time“ – ends on December, 24th at 1 pm. Exceptions, which are still applicable on January, 1st 2019 (according to “employee rest act”, i.e. “Arbeitsruheverordnung”) are remaining valid and thus excluded from this regulation.
The employer has to accept an employee’s application for educational leave, if:
The employer is entitled to decline an employee’s application, if:
An employee can not be terminated by the employer due to a planned or factual educational leave. This underlies the general protection of “motive termination” (“Motivkündigung”).
Part time retirement
If the conditions are met, the employee can inform the employer in written form, about his intention to take continuous part time retirement (“kontinuierliche Altersteilzeit”). This information has to contain at least the information, on how much the employee wants to reduce his weekly working time and the length of this funded part time retirement.
The employer can do following:
We are happy to assist you further, if you have any questions in regards to the applicable changes.
Please note that all changes apply for the „new“ and the „old“ regulations likewise.
|Kindly keep in mind that by latest by 1.12.2021 all “old” salary regulations (collective agreement trade) have to be changed into “trade regulation new”. In case you have questions or require support, we are happy to help you.|