Collective agreement for trainees in the public service
Basic data | |
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Title: | Collective agreement for trainees in the public service |
Abbreviation : | TVAöD |
Signing: | September 13, 2005 |
Come into effect: | October 01, 2005 |
Last change by: 1) |
Tariff agreement April 18, 2018 |
Last change came into force : 1) |
1st March 2018 |
1) Please note the note on the current version ! |
The agreement for trainees of a public service (TVAöD) is an existing multi-part tariff contract for the trainees at facilities of the public administration of federal and local governments. It came into force on October 1, 2005 and replaced the general collective agreement for trainees (MTA). The TVAöD applies to the tariff area of the collective agreement for the public service (TVöD), i.e. for companies and administrations of the federal government and the municipalities ( association of municipal employers' associations ) including the savings banks as well as for the tariff area of the TV-V (utilities) and TV -N ( local transport ). On the employee side, the ver.di union , also acting for the other DGB public service unions and the DBB collective bargaining union, were involved.
General
The TVAöD consists of a general part (§§ 1 to 16), which applies to all apprenticeships, as well as special parts for trainees in occupations according to the Vocational Training Act (TVAöD-BBiG) on the one hand and for trainees in care professions (TVAöD-Pflege).
There is also a supplementary collective agreement for trainees as forest managers and a collective agreement for internship relationships (TVPöD). This applies in particular to professions for which state recognition is required, e.g. B. social workers , curative teachers or teachers , paramedics , PTAs . Both collective agreements date from 2009.
For the trainees of the state administrations, the collective agreement for trainees of the states in training occupations according to the Vocational Training Act (TVA-L BBiG) was concluded between the trade unions and the collective bargaining association of German states (TdL) , which is largely based on the TVAöD. In addition, a collective agreement for internships there. For the state administrations of Berlin and Hesse , which do not belong to the TdL, comparable collective agreements have meanwhile been concluded.
Essential content of the collective agreements
Probationary period
The trial period lasts three months, and six months for nursing. The Vocational Training Act (BBiG) and the regulation on the probationary period do not apply to vocational training in a public service relationship . For example, the currently valid collective agreement for trainees in the public service (TVAöD) Special Part BBiG provides for a trial period of three months and, according to the Special Part Care (TVAöD-Pflege), a trial period of six months.
Physical examination
The medical examination is carried out by the official or company doctor . There is no clear regulation for the assumption of costs.
Confidentiality, sideline activity
The regulations on secrecy correspond to the TVöD. There is no “special” confidentiality requirement here . For sideline there are only two grounds for refusal:
- Impairment of the trainees when fulfilling the training contract
- Legitimate interest of the training company
Liability for damages
The regulations on liability for damages of the TVöD apply. This means that the trainee can only be prosecuted for damage caused by them with intent or gross negligence .
Personnel files
Only in the TVA-L (state administration), which has adopted the old regulation under Section 13 (2) BAT, do trainees need to be heard about complaints and assertions that are unfavorable for them or that may be detrimental to them before they are included in the personnel file. There is no regulation on this in the TVAöD.
Allowances and surcharges
There was a new regulation here in 2008. There is a time allowance of 75 percent for shift and alternating shift allowances, and 50 percent for hardship allowances .
Monthly training allowance
The training allowances are negotiated in connection with the wages of the public sector. As of March 1, 2016, the previous training fees were increased by 35 euros and on February 1, 2017 by a further 30 euros. On March 1, 2018, the previous training fees were increased by 50 euros and on March 1, 2019 by a further 50 euros.
- Monthly gross salary (euros) for federal and VKA trainees (municipalities)
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Annual special payment
The annual special payment (“holiday bonus ” and “ Christmas bonus ” combined) is set at 90 percent in the west tariff area and at 67.5 percent in the east tariff area. In the TVA-L (state administrations) the annual special payment is 95 percent (west) or 71.5 percent (east). The special payment includes both the holiday bonus and the Christmas bonus (combined bonus). Anyone who is in training by December 1st is entitled to the special payment. The bonus is only given for completed months of service. For incomplete months, the special payment is reduced by one twelfth. The payment is made together with the November bonus.
capital accumulation benefits
Upon conclusion of the corresponding capital- forming benefits , the employer pays a monthly allowance of EUR 13.29 (EUR 6.65 in tariff zone East).
Family trips home, travel expenses
Regulations have been made for family trips home and travel expenses. There are discrepancies in the interpretation between employers' associations and trade unions . According to the new regulation of March 31, 2012, travel expenses to external vocational schools will be reimbursed if they exceed 6 percent of the training fee for the first year of training. The mentioned 6 percent amounted to 55.10 euros in 2017. Applications for reimbursements must be sent to the responsible clearing office with the relevant evidence (tickets).
Sick pay allowance
Only for accidents at work and occupational diseases is an allowance for sick pay for a maximum of 26 weeks in addition to the six-week wage payment , which is intended to exclude wage losses.
Learning aid
The trainees have an annual learning aid allowance of 50 euros.
working time
For people who do not fall under the Youth Labor Protection Act, the working time regulations of the TVöD apply . This usually means 39 hours per week (in the TVÖD-K area 38.5 hours per week); 40 hours per week in the east tariff zone. Working days with company lessons of at least 270 minutes count as a full working day.
annual leave
With the collective bargaining agreement of March 31, 2012, a separate holiday regulation applies, which from 2013 amounts to 27 working days per year; The collective agreement of April 1, 2014 increased the number to 28 days from 2014. With the 2018 collective bargaining agreement, the vacation days were adjusted to the 30 days customary in TVöD.
Nursing trainees with shift work receive an additional day of vacation in the second and third year of training. Before 2013, vacation for people under the age of 30 was limited to 26 days, but the Federal Labor Court rejected an age-related graduation as violating the prohibition of age discrimination .
For employees in the tariff area TVV (supply) and TV-N (local transport), the vacation entitlement is based on that of the employees concerned.
The vacation is generally to be taken during the non-teaching period.
Special leave for exams
A paid special leave of five working days is given before the final examination .
Graduation bonus
A one-off payment is made as a so-called final bonus if the exam is passed at the end of the training. This final award is a nationwide standard of EUR 400 for all trainees (including those in nursing) after they have passed and passed the final examination (with the exception of repeat examinations).
Takeover after training
The takeover regulation for trainees is an issue in every collective bargaining agreement between the contracting parties. In the course of the income round 2010, it was decided for the trainees according to the TVAöD (Special Part BBiG) to take over for a period of twelve months, provided there is an official or operational need, the final examination was passed with at least the final grade "sufficient" and personal do not object to behavioral, operational or legal reasons. Through the collective bargaining agreement of March 31, 2012, an unlimited takeover after training (after a one-year probation period) was agreed upon as a principle, but this is linked to numerous conditions, including: a. the permanent operational needs at the end of the training. In the 2018 collective bargaining round, the original regulation from 2010, which was contractually agreed until October 31, 2020, was agreed again.
The TVA-L only contains a target regulation, according to which the tariff parties should work towards a corresponding takeover.
literature
- Wolfgang Pieper: Collective bargaining law for the federal / municipal public service , 4th edition Frankfurt / Main 2010; ISBN 978-3766360649
- Wolfgang Pieper: Collective bargaining law for the public service - Länder , Frankfurt / Main 2006, ISBN 978-3766337665
Web links
- TVAöD - general part and special part BBiG (PDF)
- TVAöD - general part and special part care (PDF; 58 kB)
- TVAöD - Forest (supplementary collective agreement for foresters; PDF)
- TVPöD - collective agreement for interns in public service (PDF; 40 kB)
- Collective agreement for trainees of the federal states in training occupations according to the Vocational Training Act (TVA-L BBiG; PDF)
- Collective agreement on the provisional continuation of the regulations for interns (country area; PDF)
- Collective agreement for trainees in the state of Hesse (TVA-H; PDF, see page 224 ff.)
- Collective agreements for the Berlin state administration, u. a. for trainees and interns
- Training fees in the public sector (PDF; 18 kB)
- Sample forms for claiming travel expenses and family trips home for trainees in the public service
- Verdi - Information on collective agreements for apprentices
Individual evidence
- ↑ TVöD 2018 collective bargaining round. Accessed June 20, 2018 .
- ↑ Federal Ministry of the Interior: 2018 collective agreement. Accessed June 20, 2018 .
- ↑ Collective agreements for trainees in the public service. Association of municipal employers VKA, accessed on August 20, 2019 .