Service agreement
A service agreement is a contract that can be concluded in the public service between the agency management and the staff council , i.e. the representation of the employees in the respective agency.
Service agreements in the public service are the counterpart to company agreements in the private sector, which are based on § 77 BetrVG .
Legal basis
The legal basis for the conclusion of service agreements can be found in the Personnel Representation Act of the respective federal state or, for the federal administration, in the Federal Personnel Representation Act ( Section 73 , Section 75 (3), Section 76 (2) BPersVG). An example of a state legal basis is Section 70 of the State Personnel Representation Act of North Rhine-Westphalia .
Subject matter
Service agreements can be concluded where the staff council has a right of co-determination and the issues are not conclusively regulated by law or collective agreement (typically wages ), unless the collective agreement expressly allows a service agreement.
The TVöD provides for such agreements in particular with regard to the question of performance remuneration (§ 18 TVöD ) and the organization of working hours ( flexible working hours , lifetime working time accounts , § 10 TVöD).
Other typical service agreements contain regulations on the following questions:
- Company social facilities ( canteen , company sports etc.)
- Workplace Health Promotion,
- Dealing with addicts employees
- operational integration management
- Prevention of bullying
- Time recording with flexible working hours
- Preparation of vacation plans
- Questions of judgment
- Procedure for job advertisements or waiver of the same
- in-company training
- Content of personnel questionnaires
- Employee participation in change processes
- Use and assumption of costs for uniforms
- Use of accident data recorders in company vehicles
- Procurement of occupational safety items such as computer glasses
- Use of the Internet and e-mail
- Introduction of technology to monitor and control employees
- Employee Suggestions
A special form is the integration agreement before, at the SHE representatives must be involved.
Creation and form
Service agreements come about through consensus decisions by the management and staff council. On the part of the staff council, an effective decision by the entire body is always required. The approval of the chairman alone is not enough. To be effective, service agreements must be put in writing and signed on a document by the head of the department and the chairperson of the staff council . They are to be made known in the usual manner for the service (e.g. in official notice sheets and on the company intranet).
Level representation
If a level representation ( main staff council , general staff council ) concludes a service agreement, it also applies to the "lower" individual staff councils , unless the possibility of deviating is expressly specified ( opening clause ).
effectiveness
Service agreements create direct and possibly enforceable rights and obligations for the service center and the employees concerned.
Termination and aftermath
Unless otherwise agreed, service agreements can be terminated by either party with 3 months' notice . In contrast to company agreements, according to the case law of the Federal Administrative Court, their regulations do not automatically continue to apply until they are replaced by a corresponding new service agreement. Rather, such an aftereffect must be expressly stipulated. The service agreement itself can also contain a termination date; this is particularly common in pilot projects.
literature
- Sabrine Klaesberg: The service agreement . In: Der Personalrat 6/2008, p. 255.
