Collective agreement for the public service

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Basic data
Title: Collective agreement open service
Abbreviation : TVöD
Announcement day: September 19, 2005
Come into effect: October 1, 2005
Last change: 1) Tariff agreement April 18, 2018
Minimum term: 1) August 31, 2020
1) Please note the note on the current version .

The collective agreement for the public service ( TVöD ) refers to several collective agreements for employees in the public service who have an employment relationship with the federal government or with an employer who is a member of a member association of the Association of Municipal Employers' Associations (VKA) (Section 1 Para. 1 TVöD). It came into force on October 1, 2005. The Federal Employees ' Collective Agreement (BAT), the collective collective agreement for workers of the federal and state governments (MTArb), the federal collective collective agreement for workers in municipal administrations and companies (BMT-G II;) and the corresponding applicable to the new states were established by the TVöD Collective agreements (BAT-O, MTArb-O, BMT-GO; "O" for "East") largely replaced.

The TVöD was completed on September 13, 2005. Contracting parties were the public employers, namely the Federal Republic of Germany , represented by the Federal Ministry of the Interior (BMI), and the VKA on the one hand and the United Service Union (ver.di), represented by the Federal Executive Board, on the other. ver.di also acted for the police union (GdP), the IG Bauen-Agrar-Umwelt and the education and science union (GEW). A collective agreement with the same content was signed with the DBB Beamtenbund and Tarifunion . The TVöD stood at the end of a two-year negotiation phase to reorganize collective bargaining law in the German public service . In the following years the TVöD was adjusted again and again.

The collective bargaining association of German states (TdL) withdrew prematurely in 2004 from the collective bargaining that was initially conducted together. Instead, on May 19, 2006 it concluded its own collective agreement for the public service of the federal states (TV-L) with the unions . Since then, collective bargaining for the federal states has been staggered.

Process agreement for modernization

After the previous collective agreements for the German public service had become much too complicated over the decades in the opinion of the collective bargaining parties, they agreed in the Potsdam process agreement in January 2003 to fundamentally modernize the collective bargaining system. The main motive was the intention of the public employers to save money with new hires and to relieve the budget.

A steering group, four general groups (coat, working hours, pay and categorization) and five special groups (administration, hospitals, savings banks, airports and waste disposal) were formed and negotiated for over 25 months.

Agreement on a new collective agreement

An agreement on the new collective agreement for the public service was reached on February 9, 2005 at the Potsdam collective bargaining. The new TVöD was initially only concluded between the federal government (BMI) and local authorities (VKA - Association of Local Employers' Associations ) on the one hand and the trade unions on the other.

On September 11, 2005 - two days before the final signing of the TVöD - the Marburger Bund announced the collective bargaining agreement with ver.di. It was therefore a matter of dispute whether the TVöD also applies to doctors at municipal employers. A planned medical strike on December 13, 2005 was forbidden by the Cologne Labor Court on the grounds that the BAT had not yet been terminated by the Marburger Bund and was therefore still in force. As a result, the Marburger Bund terminated the BAT with effect from February 1, 2006, and collective bargaining with the Association of Local Employers' Associations (VKA) began. In August 2006 a doctor-specific collective agreement was concluded between the VKA and the Marburger Bund.

The collective bargaining community of German states , chaired by Lower Saxony's finance minister Hartmut Möllring, was initially against taking over TVöD because of the outstanding working time issues. In the context of the TV-L , this has now been clarified in the state administrations using relatively complicated calculation methods.

Renegotiations on disputed issues (so-called residual list) have taken place for the TVöD area of ​​application (federal government / municipalities) At the end of October 2006 some controversial issues could be resolved, e.g. B. in employee liability . The remainder found their way into the TVöD as part of the 2008/2009 tariff agreement.

Basics of the TVöD

The main innovations of the TVöD are the standardization of the collective bargaining system for workers, salaried employees and care workers as well as the move away from seniority and family- related pay towards experience and performance-based pay.

structure

The TVöD came into force on October 1st, 2005. The provisions on remuneration and special payments ran until December 31, 2007. The TVöD could be terminated on December 31, 2009 at the earliest.

The TVöD is divided into two parts:

  • The general part of the regulations for all areas of the public service contains, including general working conditions, working hours, categorization, continued payment of wages in the event of illness and preclusive periods.
  • The special part (BT) contains provisions only for certain sectors, e.g. for administration (BT-V), for hospitals (BT-K), for savings banks (BT-S), for airports (BT-F) and for waste disposal ( BT-E).

For a better overview and readability, the parties to the collective bargaining agreement for the municipal area have created copied versions for the six service areas from the general part of the TVöD and the respective special part in accordance with the process agreement of January 9, 2003:

  • TVöD-V = for the administration area in the area of ​​the VKA with application of the standard salary table.
  • TVöD-SuE = for the area of ​​social and educational services with a deviation from the standard salary table
  • TVöD-B = for the service area of care and support facilities in the area of ​​the VKA with a deviation from the standard salary table
  • TVöD-E = for the disposal service area in the area of ​​VKA with application of the standard salary table
  • TVöD-F = for the airport service area in the area of ​​VKA with application of the standard salary table
  • TVöD-K = for the service area of hospitals in the area of ​​the VKA with deviation from the standard salary table
  • TVöD-S = for the Sparkasse service area in the area of ​​VKA with a deviation from the standard salary table

The standard salary table is also known as TVöD-VKA.

TVöD general part

scope

The TVöD abolished the distinction between workers, salaried employees and care workers and from then on used the term employees - the term collective bargaining employees is often also used in order to find a verbal distinction to the civil servants who are also employed.

The TVöD applies automatically (Section 4, Paragraph 1 of the Collective Agreement Act TVG) to all employees at the federal and local levels who are members of a local employers' association and are members of the trade unions that conclude the agreement . For non-organized employees and employees of municipalities who do not belong to the employers' association, the application of the TVöD is regularly agreed in individual contracts. Excluded from the TVöD are the communal areas for employees to which the collective agreement for utilities (TV-V), the collective agreement for water management NW (TV-WW NW) or the collective agreement for local transport (TV-N) applies.

General working conditions

With the TVöD, the special act of the pledge and the pre-employment examination were no longer included in the TVöD. The duty of confidentiality also applies beyond the employment relationship. The employer must be notified in writing in good time of any paid secondary employment.

Provision of personnel

Personnel provision was newly included in the TVöD. Section 4 (3) TVöD defines the term as follows: If an employee's tasks are relocated to a third party, the work contractually owed must be performed by the third party at the request of the employer if the employment relationship continues. The provision of personnel is thus - while continuing the existing employment relationship - permanent employment with a third party. The difference to the assignment according to Section 4 (2) sentence 1 is that the employment with the third party is permanent. The prerequisite for the provision of personnel is that the work of the employee is shifted to another employer so that the previous employer no longer needs to work. When outsourcing part of the company, e.g. to an internal service provider GmbH, the employer can refer to Section 4 (3) TVöD and demand that the employee perform his work in the new GmbH as part of the provision of personnel. The employment relationship remains with the previous employer.

compensation

Since October 1, 2005, a uniform pay table has been in place for all employees in every TVöD (collective bargaining employees). It consists of 15 pay groups (1–15) as well as 2 basic levels (1–2) and 4 development levels (3–6). As a rule, promotion to the next higher level is based on the length of professional experience with the same employer. For example, advancement from basic level 1 to 2 after 1 year, from level 2 to 3 after a further 2 years, from level 3 to 4 after a further 3 years, etc. is planned. The duration of the times of ascent from level 3 can be extended or shortened based on performance. A new employee hired after October 1, 2005 - provided they always remain in the same pay group - needs 15 years to move from basic pay level 1 to experience level 6. In pay groups 9–15, experience level 6 is only used for employees of the Association of Municipal Employers' Associations (VKA). For federal and state employees, the "promotion" ends with experience level 5.

With the seesaw principle, younger employees should initially earn a relatively higher wage and older employees then receive a correspondingly lower wage after an entry level that is initially lower than the BAT .

According to a decision of the Federal Administrative Court of August 27, 2008 , the staff councils have a right of co-determination when classifying newly hired employees in the experience levels (recognition of previous professional experience according to § 16 TVöD) . In the area of ​​federal administration, however, the applicability of the decision of the Federal Administrative Court is currently still disputed by a specification by the Federal Ministry of the Interior. According to a decision by the Federal Labor Court , the following also applies to companies organized under private law with a works council, for which the TVöD is to be applied - for example after inclusion via a company collective agreement : The classification represents a classification within the meaning of Section 99 of the Works Constitution Act (BetrVG) and is subject to co-determination of the Works council. The same applies to the co-determination of the respective staff council .

Pay for federal employees

Monthly gross pay in euros from March 1, 2020 to August 31, 2020 for federal employees
Pay
group
Basic pay Stages of development
New
hiring
level 1
after
1 year
level 2
after
3 years
level 3
after
6 years
level 4
after
10 years
level 5
after
15 years
level 6
015Ü 5,931.38 6,582.83 7,199.96 7,611.40 7,707.40 -
15th 4,860.31 5,190.81 5,559.47 6,062.74 6,580.45 6,921.06
14th 4,401.04 4,700.31 5,091.13 5,524.82 6,008.27 6,355.34
13 4,056.62 4,384.61 4,757.99 5,163.37 5,640.38 5,899.26
12 3,635.65 4,013.07 4,454.13 4,943.53 5,517.78 5,790.26
11 3,508.11 3,856.11 4,182.29 4,536.17 5,020.49 5,292.98
10 3,380.51 3,655.13 3,964.32 4,299.65 4,673.08 4,795.69
009c 2,994.70 3,490.82 3,786.03 4,106.46 4,453.88 4,565.39
009b 2,994.70 3,232.46 3,505.82 3,802.54 4,128.12 4,400.58
009a 2,994.70 3,198.34 3,254.35 3,443.66 3,787.50 3,922.86
08th 2,769.15 2,971.27 3,102.32 3,231.30 3,370.30 3,439.92
07th 2,635.53 2,855.60 2,986.70 3,119.00 3,243.78 3,310.79
06th 2,586.00 2,767.11 2,894.11 3,019.78 3,143.22 3,206.10
05 2,480.74 2,656.42 2,775.08 2,900.74 3,017.50 3,077.85
04th 2,363.07 2,540.85 2,690.02 2,782.88 2,875.73 2,930.10
03 2,325.89 2,517.08 2,563.61 2,669.96 2,749.76 2,822.87
00 2,171.61 2,393.99 2,473.88 2,580.40 2,653.60 2,708.23
02 2,152.51 2,346.00 2,392.92 2,459.87 2,607.03 2,760.98
01 - 1,929.88 1,962.63 2,003.59 2,041.77 2,140.05

Remuneration for employees of the Association of Municipal Employers' Associations (VKA)

Monthly gross pay in euros from March 1, 2020 to August 31, 2020 for employees of the VKA (municipalities)
Pay
group
Basic pay Stages of development
New
hiring
level 1
after
1 year
level 2
after
3 years
level 3
after
6 years
level 4
after
10 years
level 5
after
15 years
level 6
015Ü - 6,006.83 6,658.25 7,275.39 7,686.85 7,782.82
15th 4,860.31 5,190.81 5,559.47 6,062.74 6,580.45 6,921.06
14th 4,401.04 4,700.31 5,091.13 5,524.82 6,008.27 6,355.34
13 4,056.62 4,384.61 4,757.99 5,163.37 5,640.38 5,899.26
12 3,635.65 4,013.07 4,454.13 4,943.53 5,517.78 5,790.26
11 3,508.11 3,856.11 4,182.29 4,536.17 5,020.49 5,292.98
10 3,380.51 3,655.13 3,964.32 4,299.65 4,673.08 4,795.69
09c 3,280.42 3,526.45 3,790.94 4,075.26 4,380.90 4,600.00
09b 3,074.70 3,305.30 3,450.00 3,874.00 4,124.25 4,414.13
09a 2,964.89 3,163.55 3,356.89 3,784.00 3,879.97 4,125.00
08th 2,808.91 2,999.92 3,132.23 3,264.31 3,405.98 3,474.11
07th 2,635.53 2,855.60 2,986.70 3,119.00 3,243.78 3,310.79
06th 2,586.00 2,767.11 2,894.11 3,019.78 3,143.22 3,206.10
05 2,480.74 2,656.42 2,775.08 2,900.74 3,017.50 3,077.85
04th 2,363.07 2,540.85 2,690.02 2,782.88 2,875.73 2,930.10
03 2,325.89 2,517.08 2,563.61 2,669.96 2,749.76 2,822.87
00 2,171.61 2,393.99 2,473.88 2,580.40 2,653.60 2,760.98
02 2,152.51 2,346.00 2,392.92 2,459.87 2,607.03 2,760.98
01 - 1,929.88 1,962.63 2,003.59 2,041.77 2,140.05

Explanations to the table

In addition to the tables listed above, there has been a separate pay table for employees in the social and educational services (TV SuE) since November 1, 2009. The pay groups are numbered from S 2 to S 18.

The assessment rate in tariff area East compared to tariff area West is 92.5% for contracts with the federal government (Federal Republic of Germany) and 97% since July 1, 2007 for contracts with the VKA. Since January 1, 2008 (wage groups 1–9) and April 1, 2008, the assessment rate in the eastern tariff area for federal employees has been raised to the western level. Since then, there has only been one difference between the two tariff areas in terms of the annual special payment. There are also differences between the two tariff areas resulting from the area of ​​supplementary benefits and social insurance.

With the collective agreement of February 27, 2010, the fees were increased retrospectively to January 1, 2010.

The three-stage result of the collective bargaining agreement of March 31, 2012 provided for the first stage of a linear increase in fees from March 1, 2012 by 3.5%. From January 1, 2013 and August 1, 2013, the increase was 1.4%. The term ended on February 28, 2014.

Level assignment

The determination is regulated in § 16 TVöD.

For new hires, employees are assigned to level 1, but can also be assigned to level 3, depending on professional experience. The step up takes place in the case of uninterrupted activity within the same pay group according to the duration of the step, i. H. Promotion to level 2 after one year in level 1, promotion to level 3 after two years in level 2, etc .; the highest level 6 is reached after five years in level 5.

Family-related pay components

Family-related remuneration components, such as the married allowance as well as the child allowance in the local allowance and the increased amount in the Christmas allowance , have been completely omitted in the TVöD (with the exception of transition regulations). The Christmas and vacation bonus is paid out as a reduced annual special payment.
For employment relationships existing on October 1, 2005, the comparative remuneration for October 2005 was formed from the basic remuneration paid for September 2005, the general allowance , the local allowance up to level 2 and the functional allowance within the framework of a supplementary transition collective agreement . For cases of competition with a difference between level 1 and 2 of the local allowance (so-called spouse component), there are special rules that take into account that a higher family or local allowance will be paid in the future for the spouse not transferred to the TVöD. In addition, the local allowance from level 3 (child-related components) will continue to be paid as a acquis. In most cases, therefore, an employee does not initially experience any loss of income after the transition. At least in most cases the family income is essentially secured. For children born up to December 31, 2005, an extended vested rights apply: the child allowance - just like the vested benefits for children born before October 1, 2005 - continues to be paid in addition to the comparative earnings for as long as the child benefit is entitled. This child allowance (child ownership) is to be paid independently of the child benefit and has no influence on the maintenance of the children and is reserved entirely for the legal guardians. However, if the child benefit is interrupted for the children mentioned here (e.g. child is employed between apprenticeship and studies, or does voluntary work for a longer period of time) and is continued later, the child benefit will not be paid again.

Performance-related remuneration
The aim of the collective bargaining parties was to introduce a performance-based remuneration component. At an unspecified point in time, a total of 8% of the wage bill is to be distributed as performance payment in the future, according to a joint declaration.
Initially, a performance component of 1% (total salary from the previous year without taking special payments into account) was agreed. In addition, a separate collective agreement had to be agreed for the federal government (LeistungsTV-Bund), which came into force on January 1, 2007. Finally, according to the evaluation principles to be regulated in more detail in service agreements /
works agreements between the staff council / works council and the service or company, the performance remuneration is initially only paid out to the employees in the form of one-off bonuses. Financing comes from the reduction in the annual special payments and the elimination of child allowances.

For the transition period between the collective agreement obligation to pay out and the conclusion of service or company agreements, the following transitional regulations existed:

Federation

In 2007, all employees with the table pay for July 2007 received a flat rate performance pay of 6% of the table pay they had been paid for March 2007. If no corresponding service or works agreement was concluded by June 30, 2007, the employees with the table pay for April 2008 received a flat rate of 6% of the table pay for December 2007. As long as no service agreement has been or is not concluded in the following years, a further 6% of the previous December table wages will be paid out as a flat-rate performance fee. This ensures that approximately half of the performance fee to be paid out is paid out (6% of a monthly fee corresponds to approx. 0.5% of an annual fee). The other half that is not paid is not lost to the employees, but increases the performance remuneration accordingly in the coming years. At the same time, the pressure on the departments and their staff or works councils to conclude a corresponding service or works agreement is increasing.

VKA

The TVöD ensured that the total amount for 2007 in the amount of 12% of the September salary per employee was paid out. Since January 1, 2008, without a service agreement, only half of the amount has been paid out, which increases the pressure on the parties to the company to conclude a corresponding service agreement. The conclusion of service agreements was delayed in many places because, in particular, on the employee side, there was still pressure for the above-mentioned residual list to come into force, which only took place with the collective bargaining agreement of March 31, 2008. In the meantime, a regulation has been made within the framework of a service agreement .

The determination of the employees who receive a performance bonus or bonus has to be done either through systematic performance evaluation and / or target agreements . However, due to the definition of objective measured values, the evaluation via target agreement causes difficulties.

Compensation for special forms of work

According to § 8 TVöD, employees receive time supplements for overtime, night work, Sunday work, and holiday work in addition to remuneration for their actual work.

Classification

The simplification of the categorization was another essential goal of the tariff reform. 17,000 different categorization features were used as evidence of a compensation system that has become obscure. These features should be significantly reduced. However, the parties to the collective bargaining agreement did not succeed in negotiating the new pay schedule by the end of 2005. It should be negotiated by the end of 2006 and applied by January 1, 2007. Up to this point in time, the classification characteristics of the BAT initially continued to apply. Due to the disputes over working hours between the trade unions ver.di and dbb tarifunion and the Association of Municipal Employers' Associations (VKA) since November 2006, negotiations on the new classification system have not been continued. As of December 31, 2007, the provisional transitional provisions of the TVÜ, which essentially relate to the BAT / BMTG / MTArb job characteristics and classifications, can be terminated. An aftereffect is excluded. Since a new pay schedule is not in sight, there is a risk of arbitrary classifications by employers from the employee's point of view and increased disputes before the labor courts . With the tariff agreement of March 31, 2008, the period for negotiations was extended by two years. On August 2, 2011, the second meeting of the steering group at the top level on the pay schedule with the federal government and the VKA took place. The trade unions agreed with the federal government to continue collective bargaining on a remuneration system for the TVöD on the basis of the conclusion of the collective agreement for the civil service of the federal states (TV-L) of March 10, 2011, taking into account specific federal features. A fee schedule for the TVöD (federal government) came into effect retrospectively on January 1, 2014. At TV-L for the public service of the federal states, a fee schedule for the collective agreement came into effect on January 1, 2012. The Association of Local Employers' Associations (VKA) rejected the TV-L's remuneration model as the basis for the TVöD (federal government and local authorities).

To compensate for the failure to reach an agreement on the preliminary assignment of job characteristics with promotions and remuneration group allowances in the area up to remuneration group Vc BAT, newly hired employees and changers will again receive a lump sum payment of 250 euros for 2011 in October.

Approval, case group and job increases are already taken into account in the table values ​​of the respective level and are therefore no longer included in the TVöD.

See also: #Further development

Annual special payment

Since January 1, 2007, the vacation and Christmas bonuses have been combined into a reduced annual special payment , which initially had the following amount:

Pay group
West tariff zone (%)
Tariff area
east (%)
E1-E8, S2-S8 90.0 67.5
E9-E12, S9-S18 80.0 60.0
E13-E15 60.0 45.0

A step-by-step further reduction was agreed with the 2016 collective bargaining round. The values ​​for 2017 were:

Pay group
West tariff zone (%)
Tariff area
east (%)
E1-E8, S2-S8 82.05 61.54
E9-E12, S9-S18 72.52 54.39
E13-E15 53.43 40.07

In 2018, the values ​​will be reduced again by the value of the percentage wage increase in 2018.

(The percentages refer to the monthly gross salary.)

The annual special payment is basically calculated from the table rates of the average wage (without surcharges) for the months July to September and is paid out with the November salary. The prerequisite for the grant is that the employment relationship exists on December 1st of the year. For each month of the year in which there was no entitlement to remuneration, the special payment is reduced by one twelfth.

For 2005, vacation and Christmas bonuses were paid in the previous amount. For 2006, the previous amount of Christmas and vacation pay was paid out in November.

Working time regulations

Since the agreement of the parties to the collective bargaining agreement in spring 2008, municipal employees in the west wage zone have been working 39 hours a week, the municipal employees in the east wage zone continue to work 40 hours a week, and federal employees 39 hours a week. The collective bargaining partners can agree at the country level (only in the West) to extend the weekly working time to up to 40 hours. Corresponding collective agreements were made in Hamburg , Lower Saxony and Baden-Württemberg . These three countries have different regulations; ver.di was not able to hold the 38.5-hour week in any of these state administrations ( see March 20, 2006 ), but the Association of Municipal Employers' Associations (VKA / KAV) for the municipal sector with the requirement for the 40-hour week. see: further development

In § 10, the TVöD opens up new possibilities for the introduction of flexible working time models using long-term work accounts . Like the rules on performance payment, these are to be regulated in detail by service agreements.

annual leave

When the TVöD came into force , the regulations on annual leave from the BAT were adopted. According to this, the vacation (for a five-day week) for people who have not reached the age of 30 at the beginning of the year was 26 working days, for persons who have not reached the age of 40, 29 working days and from the age of 40 30 working days. Based on the case law of the Federal Labor Court , this age-dependent regulation constitutes age discrimination. As part of the collective bargaining agreement of March 31, 2012, the new regulation will be as follows from 2013: People in vocational training receive 27 working days of vacation; other persons under 55 years of age 29 working days and persons over 55 years of age 30 days. Anyone who turns 40 by December 31, 2012 at the latest, retains the 30-day vacation entitlement within the framework of the safeguarding of vested rights. With the collective bargaining agreement of April 1, 2014, the annual vacation for all those affected by the TVöD was set to 30 days retrospectively from January 1, 2014.

Non-cancellability

The principle of non-cancellability was agreed for the western tariff zone in accordance with the previous regulations. After that, a special tariff applies dismissal protection for employees who have reached the age of 40 and at least 15 years employed by a falling within the scope of the TVöD employer. Extraordinary termination (for an important reason) is also possible for “non-terminable” employees (similar to the old BAT , Section 54 there). Employees who were already under special protection against dismissal before September 30, 2005 (BAT) (Section 55 (1) BAT) cannot be dismissed for important business reasons. An extraordinary termination can only be possible due to behavior or personal reasons. This special protection against dismissal does not apply in the new federal states (tariff area East).

Other regulations

Implementation of the SIMAP and Jäger judgment of the European Court of Justice . Working hours and on- call duty may not exceed 13 or 16 hours (including breaks); under strict conditions, this period can be increased to a maximum of 24 hours.

Collective agreement on transferring employees to the TVöD and regulating the transitional law (TVÜ)

The basis for the transition are the following collective agreements from September 13, 2005:

  • Collective agreement on transferring employees to the TVöD and regulating the transitional law (TVÜ-Bund)
  • Collective agreement for transferring employees to the TVöD and regulating the transitional law (TVÜ-VKA)

In the transition, a distinction was made between manual workers and salaried employees . In principle, it was agreed that no losses should arise for those already employed with their current wages / salaries. The transition to the new tariff system took place on October 1, 2005.

The regulations for the transition are very extensive and are only roughly presented here.

Transfer of employees

On the basis of a reconciliation table, the previous pay group was assigned a corresponding TVöD pay group.

First of all, a comparison fee was calculated for each employee. This consisted of the BAT remuneration components basic remuneration, local allowance of level 1 or 2 (single, married) and the general collective wage allowance. This calculation was made on the basis of full-time employment. From the assigned pay group according to TVöD, the level was determined whose amount is the next lowest to the comparison pay. It must be at least level 2. In the case of part-time employment, the conversion is now made to the corresponding volume.

In addition to the determined basic wage, the following was paid as an asset: any allowances for children (difference to local allowance level 3 and following), remuneration group allowances and other allowances already received, as well as the difference between the TVöD basic wage and the individual comparison wage. This was to ensure that no employee earned less than before.

Each transferred employee remained in this determined level until September 30, 2007. On October 1, 2007, all those who had not yet reached the final level were upgraded to the next higher regular level of experience. The acquis from the difference to the reference fee no longer applies.

Insofar as probation advancements and remuneration group allowances were pending between October 1, 2005 and September 30, 2007, these were carried out at the time originally planned under the BAT, provided that at least half of the required probation period was reached on October 1, 2005. This regulation was partially changed with the collective agreement of March 31, 2008 and February 27, 2010 and extended until December 31, 2012, whereby renewed extensions can be agreed in future collective bargaining rounds.

Transition of workers

The experience level of the workers was determined by considering the individual employment time as if the TVöD had already applied at the beginning of the employment relationship. However, if the fee determined there was lower than his previous comparison fee, he also received the difference to the comparison fee as a grandfathering. In contrast to the salaried employee, however, as long as, after the individual employment period, the promotion to the next higher level had to take place.

Structural compensation payments

Compensation payments have been agreed for some defined remuneration situations. These are cases in which the reconciliation has significantly worsened future income expectations (“loss of prospect”). The structural compensation amounts will be paid monthly from October 1, 2007 at the earliest for a certain period or permanently. The structural compensation is a non-dynamic amount that remains unchanged in the event of future wage increases and that is offset in the event of any higher groupings, i.e. it is reduced by the wage increase.

Problems with the transition

During the transition, problems arose, especially in cases of competition regulations for the local surcharge from level 2.

In the previous tariff system of the public service, the marriage allowance and child allowance were only granted once for both partners, provided that both were employed in the public service. If the spouse of the TVöD employee fell under a still valid BAT collective agreement or the civil service law , according to which family allowances were (still) granted, the family-related allowance was reduced in the comparative wage . The spouse's employer paid the full allowance for this. As a rule, the family income was retained.

If, however, the spouse only works part-time or takes parental leave , the comparative pay and thus the TVöD partner's assets will be reduced, but from October 1, 2005 the other partner will only receive the part up to Amount of his employment share or, in the case of parental leave, no surcharge. Additional deterioration occurs if the part-time working spouse has previously received the unreduced child allowance. High losses can also arise if the spouse, who is also employed in the public service, is not transferred to the TVöD himself. As a result, it can happen that the TVöD employee is transferred to a lower intermediate level, which from October 1, 2007 can have an impact of up to several hundred euros per month. This contradicts the current political objective of promoting families and children, but has already been decided in various cases by the highest court against the complainant TVöD employees.

The collective bargaining parties were aware of these problem cases (an essential part of the so-called "residual list") and have conducted subsequent negotiations, which were incorporated into the 2008 collective agreement. However, since not all gaps were closed in these renegotiations, these gaps were then partially closed further outside of the collective bargaining agreement.

One-time payments for 2005, 2006 and 2007 as well as tariff increases since then

For the entire term of the collective bargaining agreement, no regular table-effective wage increases were agreed. As compensation, the employees (exclusively in the old federal states) received one-off payments of 300 euros each in 2005, 2006 and 2007. The payment was made in 2005 in April, July and October at 100 euros each. In 2006 and 2007 in April and July for 150 euros each. Apprentices received a one-off payment of 100 euros annually (in July).

The following tariff increases have since been agreed:

Graduation from March 31, 2008:

  • January 1, 2008 Basic amount of 50 euros + linear increase of 3.1%
  • January 1, 2009 linear increase of 2.8% and one-off payment of 225 euros

Graduation on February 27, 2010:

  • January 1, 2010 linear increase of 1.2%
  • January 1, 2011 linear increase of 0.6% and a one-time payment of 240 euros
  • August 1, 2011 linear increase of 0.5%

Graduation from March 31, 2012:

  • March 1, 2012: linear increase of 3.5%
  • January 1, 2013: linear increase of 1.4%
  • August 1, 2013: linear increase of 1.4%

Graduation from April 1, 2014 :

  • March 1, 2014: linear increase of 3%. If the increase amount for a pay group and level remains below the guaranteed amount of 90 euros, the relevant salary is increased by 90 euros. This increase affects the table
  • March 1, 2015: linear increase of 2.4%

Graduation on April 29, 2016 :

  • March 1, 2016: linear increase of 2.4%
  • February 1, 2017: linear increase of 2.35%

The term of this collective agreement ended on February 28, 2018.

Criticism of the performance-oriented elements in TVöD

While recognition exists to a certain extent through monetary rewards, Herzberg's theory indirectly indicates a problem in the fundamental attempt to transfer private-sector instruments to the public sector: In the concept of Public Service Motivation (PSM), which determines the motives and motivation of individuals Analyzed in the public service, it was found that the motivation of civil servants is primarily based on intrinsic factors and extrinsic factors, especially financial incentives, are less valued, even if performance-related pay is generally advocated. Almost all of the theories cited consider performance-related remuneration to be suitable for increasing performance, but at the same time it is clear that a focus on monetary incentives is too singular. In a European comparison, the results of performance pay so far are unsatisfactory. Not only the two-factor theory, but also PSM emphasize the importance of intrinsic factors: the operant conditionalization theory, goal setting theory and equity theory are clear examples of the importance of leadership and organizational culture in the context of performance orientation, as clear goals, employee participation, fairness , Transparency, intrinsic factors such as the special status of tasks in the public service and recognition can be made clearer and strengthened through a variety of non-monetary ways.

The increase in performance and competitiveness compared to the private sector through performance pay must not be overestimated due to the different conditions in the public service. A competition with the private sector from this point of view is difficult to win, but at the same time it must be taken into account that such competition and too great a focus on extrinsic incentives result in a “crowding out effect” and a shift to employees with less high PSM can. It is also clear that the blind transfer of private-sector instruments to the public service is not expedient and may involve more risks than benefits.

Linguistic particularities

The public service collective agreement defines some terms differently from the predominant use of these terms in the industrial sciences. An example of this is the normal performance in accordance with Section 7 (3) of the collective bargaining agreement on performance pay for federal employees. It is defined as "Fulfills the requirements in full" and represents the middle performance level. This definition deviates considerably from the use of normal performance (REFA) , which is customary in ergonomics.

Further development

On April 24, 2007, the VKA brought an action against ver.di and the dbb collective bargaining union at the labor court in Berlin. The VKA was of the opinion that on the basis of the so-called "most-favored-nation clause" applicable between it and the two unions mentioned, it had a right to the working hours negotiated with the TdL (collective bargaining association of German states) in the TV-L - and here specifically to those applicable in Bavaria Working week of 40 hours and six minutes - would have had. The union view of things was that the working time regulations agreed in the TV-L have no effect on the TVöD. The legal dispute was ended amicably with the collective agreement on March 31, 2008.

Due to the negotiations on the working hours in spring 2006 and on the disputed points on the TVöD, the negotiations on the new classification criteria were initially not started. In the wage agreement of March 31, 2008, a time frame for the negotiations and their conclusion was agreed.

After October 1, 2005, many details had to be negotiated further between employers and staff councils / works councils , such as questions about the timing of working hours and the award of performance bonuses . Numerous company and service agreements have been concluded for this purpose . With the 2008 collective bargaining agreement it was agreed that the provisions for performance-related remuneration in hospitals would be suspended for two years.

In the collective bargaining agreement of March 31, 2008 (term of the collective wage agreements until December 31, 2009), the remuneration was increased. The working time in the eastern federal states remains at 40 hours per week, at the federal and municipal facilities in Baden-Württemberg and Lower Saxony it remains at 39 hours, in the hospitals (west) at 38.5 hours. As of July 1, 2008, the weekly working time in the other areas is 39 hours.

Social and educational service

After long warning strikes and strikes in day-care centers from April to July 2009, an agreement was reached on July 29, 2009 between the trade unions (verdi, GEW, dbb tu) and the association of municipal employers' associations . In addition to regulations on workplace health promotion, this also includes income increases, especially for new employees who were newly hired after the collective bargaining agreement came into force on October 1, 2005. A new special income table with 16 salary groups S3 to S18 and table salaries from 1,750 euros to 4,525 euros will be introduced for employees in the social and educational service. A reconciliation to the comparison fee took place from November 1, 2009. In the meantime, some controversial questions have been clarified, such as the grouping of the social workers of the ASD of the youth welfare offices , who perform the child protection mandate according to § 8a SGB ​​VIII, according to salary group S 14.

The trade union ver.di terminated the remuneration order on March 1, 2015. The aim was to get better classifications.

TVöD district collective agreements

At the beginning of 2007, the first district collective agreements were concluded with the TVöD. These regulate regional characteristics.

See also

literature

  • Margrit Zepf, Max Gussone: The collective bargaining law in hospitals, homes and social institutions: Special features and instructions for action according to TVöD and TV-L . Bund-Verlag, Frankfurt 2009, ISBN 978-3-7663-3847-1
  • Karin Tondorf: Collective service fees - opportunity or burden? Edition Sigma , Berlin 2007, ISBN 978-3-89404-749-8
  • Wolf-Dieter Sponer, Franz Steinherr a. a .: collective agreement for the public service. Complete edition - commentary. 1st edition. Publishing house R. v. Decker, Heidelberg / Munich / Landsberg / Berlin 2005, ISBN 3-7685-4844-9
  • Alfred Breier, Anette Dassau, Karl-Heinz Kiefer, Helmut Lang, Bernhard Langenbrinck a. a .: TVöD. Commentary on collective bargaining and labor law in the public service . 1st edition. Rehm-Verlag, Heidelberg / Munich / Landsberg / Berlin 2005, ISBN 3-8073-2169-1
  • Anette Dassau, Bernhard Langenbrinck: TVöD. Quick introduction to the new collective bargaining law . 2nd Edition. Rehm-Verlag, 2006, ISBN 3-8073-2310-4
  • Hock, Schäffer, Schiefer: Performance-based remuneration in the public sector . Haufe Verlag, 2006, ISBN 3-448-07901-4
  • TVöD compact. Trade journal, ibm Institute for Workplace Co-determination
  • Antje Meyer: Pay according to the collective agreement for the public service . Tectum-Verlag, Marburg 2007, ISBN 978-3-8288-9489-1
  • Christian Fieberg, Reinhard Künzl, Sascha Pessinger: Law of Public Service Employees (=  Ingeborg Franke , Hans-Dietrich Weiß [Hrsg.]: GKÖD. General commentary on public service law . Volume IV ). Erich Schmidt Verlag, Berlin 2018, ISBN 978-3-503-00898-8 .

Web links

Federal Ministry of the Interior
Association of Municipal Employers' Associations (VKA)
United Services Union
(ver.di)
dbb - tariff union
TVöD district collective agreements
TVöD online tariff calculator
TV social and educational service

Individual evidence

  1. a b A significant 80.5% of ver.di members agree with the tariff result. 80.5 percent agree with the result. In: verdi.de. United Service Union (ver.di), June 11, 2018, accessed on May 1, 2019 .
  2. BVerwG, decision of August 27, 2008 ( memento of the original of November 30, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Az. 6 P 11.07, full text @1@ 2Template: Webachiv / IABot / www.bverwg.de
  3. ^ BAG, decision of April 6, 2011 , Az. 7 ABR 136/09, full text
  4. Remuneration tables 2018/2019/2020 for the TVöD - Bund. (PDF; 105 kB) After editing. In: dbb.de. dbb beamtenbund and tarifunion , July 16, 2018, accessed on April 1, 2019 .
  5. Remuneration tables 2018/2019/2020 for TVöD - VKA. (PDF; 105 kB) After editing. In: dbb.de. dbb beamtenbund and tarifunion, July 16, 2018, accessed on April 1, 2019 .
  6. So z. B. According to the trade union education and science GEW ( Memento of the original from February 9, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. as well as professional association information library BIB @1@ 2Template: Webachiv / IABot / www.gew.de
  7. http://tarif-oed.verdi.de/entgeltordnung/data/Flugblatt-Entgeltordnung-Bund.pdf
  8. BAG, judgment of March 20, 2012 , Az. 9 AZR 529/10, full text
  9. Hammerschmid, Gerhard et al., 2009, The Concept of Public Service Motivation, dms - the modern state - Journal for Public Policy, Law and Management, 1/2009
  10. Demmke, Christoph, 2009, performance payment in the public services of the EU member states - a reform construction site, dms - the modern state - magazine for public policy, law and management, 1/2009
  11. ^ Rainey, Hal G., 2003, Understanding and Managing Public Organizations, Jossey-Bass
  12. Bolay, Friedrich, Service application or "Nasenprinzip"? Administration and Management, 13th year, issue 2/2007
  13. LeistungsTV-Bund ( Memento of the original from July 9, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bmi.bund.de
  14. Page no longer available , search in web archives: Info employee@1@ 2Template: Toter Link / www.komba.de
  15. Remuneration tables
  16. Regional collective agreement of December 19, 2006 on TVöD in the area of ​​KAV NW (TVöD-NRW). ( Memento of September 28, 2007 in the Internet Archive ) (PDF; 97 kB)