Federal employee collective agreement
|Title:||Federal employee collective agreement|
|Signing:||February 23, 1961|
|Come into effect:||April 1, 1961|
Last change came into force : 1)
|Expiry:||October 1, 2005 / November 1, 2006|
|1) Please note the note on the current version !|
It was valid from April 1, 1961 to September 30, 2005 for the federal government and municipalities, and until October 31, 2006 in the federal states; in Hesse and Berlin it was valid until the beginning of 2010. The classification rules continued to apply until the new fee regulations for TVöD / TV-L came into force .
The federal employee collective agreement replaced the previously valid collective agreement A for salaried employees (TO.A) and was a collective agreement that public employers (federal, state and municipal employers) and the public services, transport and traffic union (ÖTV, now ver. di ) completed in 1961. It was a collective name for the actual BAT, which was a blanket collective agreement , as well as for collective wage agreements that were renegotiated annually. There was a contract between ÖTV, the collective bargaining association of the German states and the federal government (BAT federal and state), as well as with the association of municipal employers' associations (BAT VKA).
The collective agreement was also used in numerous service companies and in facilities that were outsourced from the core area of the public service through privatization. In some cases, the following formulation was used: "The payment is based on the federal employee collective agreement."
In the new federal states there was a special federal wage agreement for employees with reduced pay, called BAT-Ost or BAT-O for short.
All collective agreements in the public service such as BAT, BAT-O, MTArb, MT-Arb-O, BMT-G and BMT-GO were implemented for employees of the federal government and local authorities on October 1, 2005 through a uniform collective agreement for the public service ( TVöD) replaced.
For the area of state employees, the BAT was replaced on November 1, 2006 by the collective agreement for the public service of the states (TV-L). Furthermore, a collective agreement based on the TVöD was concluded for some other employers in the public sector (e.g. the Federal Employment Agency and the Deutsche Bundesbank ). For the employment agencies, this is, for example, the collective agreement for employees of the Federal Employment Agency (TV-BA).
Hessen has left the collective bargaining association of German states (TdL), so the BAT or the MTArb initially continued to apply there. In Hesse, the collective agreement for the public service of the State of Hesse (TV-H), which is based on TV-L , has been in effect since January 1, 2010 . In Berlin, which had been excluded from the TdL in the 1990s, the TV-L was introduced gradually until January 2011 (for teachers on September 1, 2008, for Humboldt University on April 1, 2010, for other employees of the State of Berlin on November 1, 2010 and for employees of the other universities on January 1, 2011 (see TV-L Berlin Universities).
BAT remuneration structure
Depending on the field of activity, an employee is assigned to a certain remuneration group when they are hired; usually a position is already advertised for a certain salary group. The remuneration group essentially determines the amount of the salary.
The classification in a compensation group, depending on the characteristics of a point in the section classification regulated the BAT. The BAT pay groups are designated with the Roman numerals X (lowest) to I (highest), sometimes with an appended a, b or c (e.g. BAT IIa). In addition, there are special remuneration groups for employees in the care service, which are designated Kr. I to Kr. XIII , plus the remuneration group Kr. Va . In contrast to the normal BAT pay groups, Kr. I is the lowest, not the highest pay group.
Part of the BAT are remuneration tables that indicate a basic salary depending on the salary group and level reached. Because of the levels, it increases with age regardless of performance and is the most important part of the remuneration. This basic salary is also called the basic salary or table salary. According to BAT I, there are no further allowances or they are not to be highlighted separately.
It ranges from around 940 euros in remuneration group X at an age of 21 to around 4,970.50 euros at an age of 47 in remuneration group I.
In the meantime, it is clear that the amount of pay, which is directly dependent on age, is an impermissible discrimination against younger employees according to the General Equal Treatment Act (AGG). Affected persons who have submitted claims for additional payment in good time or are still being paid according to BAT are entitled to remuneration according to the highest age group, possibly also retrospectively within the limitation period.
The base salary was increased by a living allowance, which despite its name is not on the residence or place of employment, but according to the marital status taught and the number of children. It was calculated uniformly nationwide in three classes: single, married / partnered and one child. If there is more than one child, the local allowance could be increased by a further allowance.
Other allowances were the general allowance, vacation pay , Christmas allowance (referred to in the BAT as a special allowance or simply allowance ) and allowances for certain occupational groups, for example for Sunday or night work and separation allowance.
- One of the criticisms of the BAT was that its rigid regulations made it difficult to work flexibly and to hire people based on their qualifications; individual performance is not taken into account.
- The remuneration system with bonuses based on the employee's marital status (the so-called local bonuses) reflects an outdated patriarchal family image.
- It was further criticized that the increased local surcharge is only linked to the existence of a civil marriage and the registered children. Thus, this is not aimed specifically at actual family life.
Humboldt University of Berlin ( HU Berlin ) , among others for:
- Homepage , introduction to the categorization according to the Federal Employees' Collective Agreement (BAT, BAT-O) for employees at municipal public libraries. Handout for dealing with job descriptions (last change: March 12, 2000)
- Criticism , see chapter "2.3 Limits of the BAT, criticism of the BAT"
- BAT Text status 7/96 ( Memento of April 5, 2001 in the Internet Archive ), last status of February 23, 1961, last changed by the 78th amendment of the collective agreement of January 31, 2003 ( Memento of August 20, 2007 in the Internet Archive )
- public-service.info / bat - BAT salary calculator / tariff calculator
- For the history of collective agreements: Bredendiek / Görgens / Hebler / Hoffmann / Jeske / Wiese: Guide TVöD ISBN 3415035859 Section A.II.1-A.II.3, pages 20-23 PDF
- Takeover of the TV-L in the HU on April 1, 2010 ( memento of August 21, 2010 in the Internet Archive ), information from GEW Berlin, accessed August 19, 2010
- TV-L and TVÜ countries for the state of Berlin ( memento from June 13, 2011 in the Internet Archive ), tacheles special edition, November 2010
- Federal Labor Court, judgment of November 10, 2011, Az .: 6 AZR 148/09