Collective agreement for the civil service of the federal states
|Title:||Collective agreement for the civil service of
the federal states
Employer side :
collective bargaining association of German states (TdL)
Employee side :
DBB Beamtenbund and collective bargaining union
|Signing:||October 12, 2006|
|Come into effect:||November 1, 2006|
|Amendment to collective agreement No. 11 of March
Last change came into force : 1)
|1st January 2019|
|Minimum term of
the regulations: 1)
|September 30, 2021|
|1) Please note the note on the current version !|
The collective agreement for the public service of the federal states (TV-L) is the collective agreement in force since November 1, 2006 for the employees of 15 of the 16 federal German states . It replaced the previously valid, different collective agreements for salaried employees ( BAT ) and workers ( MTArb ).
In terms of content, the TV-L is largely identical to the collective agreement for the public service (TVöD) that came into force around a year earlier and regulates the collective bargaining conditions at the federal and local levels.
History of origin
After the parties to the collective bargaining agreement had basically agreed in 2003 on the replacement of the major parts of the collective agreements BAT and MTArb or BMT-G, which in their major part had already been signed in the early 1960s , differences arose in the course of the negotiations that had been initiated, both within the employer side towards the unions. As a result, the collective bargaining association of German states (TdL) dropped out of joint negotiations with the federal government and local authorities.
Only when the collective agreement for the public service (TVöD) was signed between the federal government and municipalities on the one hand and the trade unions on the other hand did negotiations with the federal states get underway again.
On 19 May 2006, the TdL signed under their negotiator Hartmut Möllring and unions Verdi and DBB are the first TV-L on November 1, 2006. On the trade union side, the Education and Science Union , the police union and the IG Bauen-Agrar -Environment involved.
Basic features of the TV-L
With the TV-L - analogous to the TVöD - 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-based pay was completed. The uniform concept of the employee was introduced instead of manual workers and employees.
The TV-L applies in 15 of 16 German federal states. In Hesse, the collective agreement for the public service of the State of Hesse (TV-H) has been in effect since January 1, 2010 , which largely corresponds to TV-L.
The TV-L also applies to the university clinics .
Employees cannot be terminated
The general non-dismissability of employees was agreed for the tariff zone West according to the previous regulations of the BAT. According to this, special tariff protection against dismissal applies to employees who have reached the age of 40 and who have been employed for at least 15 years for an employer falling under the scope of the TVöD / TV-L. Extraordinary termination for an important reason is also possible for "non-terminable" employees. This special protection against dismissal does not apply in the new federal states.
Working time regulations
A particular problem with regard to the introduction of the TV-L were the regulations on working hours. After the termination of the working time regulations of the BAT and the withdrawal of the TdL from collective bargaining to modernize public collective bargaining law, it recommended its members to new and re-hires , Extension of employment contracts, but also with higher groupings etc. to agree new employment contracts with longer working hours.
In this way, at the beginning of 2006, 15 to 20 percent of all employment contracts in individual federal states are said to have been converted to weekly working hours longer than 38.5 hours. Despite the 12-14 week strikes in the public sector, the employers of the federal states were not prepared to forego an extension of the working hours.
Agreement on longer working hours
In the collective agreement of May 19, 2006, the parties to the collective bargaining agreement agreed on country-specific working time regulations: According to this, the average actual working hours in the countries as of January 1, 2006 should be determined.
The average regular weekly working time excluding breaks is determined by mutual agreement between the parties to the collective bargaining agreement for each federal state in the west wage area on the basis of the jointly determined actual average weekly working time without overtime and overtime . The actual working time determined in this way is increased by an individual factor for each federal state.
According to this, there is a regular weekly working time of 38.7 to 40.1 hours in the federal states in the western tariff zone. In the east tariff zone, 40 hours per week remain.
Special regulations on working hours
The working hours should not be extended for the following occupational groups:
- Employees who constantly work alternating shifts or shift work
- Employees in university clinics, state hospitals, other hospitals and psychiatric institutions
- Employees in road maintenance depots, motorway maintenance depots, vehicle workshops, theaters and stages, port operations, locks and in coastal protection
- Employees in facilities for severely disabled people (schools, homes) and in curative education facilities
Working hours in the federal states
The following calculation method was introduced: As of February 1, 2006, the actual working hours will be determined for each federal state. This represents the average of the working hours of all full-time employees (excluding teachers) in a federal state. The difference between this actual working time and the 38.5-hour week is then calculated. This difference is doubled, with the second numerical value being capped at 0.4 hours. The value calculated in this way is added to the 38.5 hours. In the states of Saxony-Anhalt, Saxony and Thuringia, the 40-hour week still applies.
|Weekly working time
(in hours: minutes)
|39:00||Hamburg , Rhineland-Palatinate|
|39:30||Baden-Wuerttemberg , Saarland|
|40:00||Brandenburg , Mecklenburg-Western Pomerania , Saxony , Saxony-Anhalt , Thuringia|
The amount of the remuneration is largely based on the remuneration group, which should be based on the formal assignment of tasks and the level of qualification, and the remuneration level that reflects the professional experience within the pay group. The remuneration table is built up from the combination of both features.
After years of negotiations, the collective bargaining community of German states and the verdi and dbb tarifunion unions agreed on a new pay schedule at the beginning of February 2012 - with the temporary exception of the IT department and teachers - which now forms Annex A to TV-L. The provisions apply to new hires retrospectively from January 1, 2012; However, employees who are already employed may, under certain circumstances, request a corresponding regrouping. The remuneration order replaces the remuneration order for the BAT and the wage group registers for the MTArb, which have been in effect temporarily since November 1, 2006.
The new fee schedule is essentially just a revised summary of the classification rules that were valid up until then. The provisional, case group and job advancement that are still possible in exceptional cases under the previous regulations are now finally no longer possible.
For the IT sector, new classification regulations were agreed between employers and trade unions on August 23, 2012, with retroactive effect from January 1, 2012. Here, too, it is mainly a merely editorially revised version of the regulations already in force and not a fundamental new version of the provisions.
Excluded from the new remuneration order are the approximately 200,000 employed teaching staff nationwide, which form the largest professional group in the public service of the federal states. Instead, the federal states unilaterally regulate the classification of their teachers on the basis of so-called “teacher guidelines”. However, these guidelines do not prescribe a nationwide uniform procedure for classifying teachers, which has led to noticeable differences in salaries between the individual federal states since 2006 (see: Section-specific regulations: teachers).
The professional groups listed in Part 2 of the EGO with special job characteristics have to accept a worse position than the professional groups shown in Part 1. These decade-long restrictions were mostly removed in the new fee regulations for the federal government (2014) and the municipalities (2017). Since the different pay systems in the public service sometimes lead to large differences in the pay of these groups of employees despite the same activities, the states also negotiated with the unions about an improvement for the groups of employees specified in Part 2. These negotiations were essentially completed in 2018. The revised fee schedule should be applicable from January 1, 2020 to the relevant groups of employees (such as librarians, archivists and museum employees ) as well as from 2021 (for computer scientists) and in individual cases should now enable access via E9.
When classifying employees in the experience levels (recognition of previous professional experience according to § 16 TVöD), the staff councils have a right of co-determination according to a decision of the Federal Administrative Court of August 27, 2008 (BVerwG, decision of August 27, 2008, 6 P 11/07).
cleaner in outdoor areas
|2||Hall supervision in swimming pools|
|5||Telephone in the information service
clerk for travel expenses
Medical and educational care assistant
Librarian (with diploma),
archivist (with diploma), still part II EGO
operations manager of a bathing establishment
|11||Teachers at elementary, secondary, secondary and comprehensive schools (when hired)
Teachers in the lower secondary level in the side entry
|12||Teachers in the upper secondary level in the side entry
interpreter during the familiarization period
|13||PhD students and post-docs at universities and research institutes
Teachers at special schools, grammar schools and comprehensive schools (upon recruitment)
|14th||Scientists (usually with a PhD) who work as team or project leaders
Doctors and pharmacists
|15th||Head of department in research institutes
Senior doctor in the hospital
Pharmacist with four or more subordinate pharmacists
The pay table apparently consists of 18 pay groups (1–15ü), but due to special regulations for certain groups of employees within pay group 9, there are actually 20 pay groups.
Each pay group is further subdivided into six (in EC 1-8) or five (in EC 9-15ü) basic and experience levels. Levels 1 and 2 are considered basic levels. As a rule, promotion to the next higher level is based on the length of professional experience with the same employer. For example, after one year an advancement to level 2 is planned, after two years in level 2 an advancement to level 3, after three years in level 3 an advancement to level 4 etc. The duration of the ascent from level 3 can can be extended or shortened based on performance.
Using the principle of a “seesaw”, younger employees (after a lower entry fee than before) should initially achieve a higher pay faster than the previous BAT . To compensate for this, wages rise less sharply than before in later years of work or in old age. The aim is to improve the income situation of the younger workers and employees and to weaken the previously strong orientation of pay according to years of professional experience.
Collective bargaining teachers receive EUR 44.80 in pay groups five to eight, and EUR 50.40 less in pay groups 9 to 13 than shown in the table. There is also level 13SR for teachers who are active as teachers, this corresponds to level 13 without any deductions.
In the 2017 collective bargaining round, the introduction of a 6th level on January 1, 2018 was agreed for pay groups 9 to 15.
In the 2019 collective bargaining round, the transfer of pay groups 9 and 9k to pay groups 9a and 9b was agreed.
|nationwide pay table - valid from January 1, 2020 to December 31, 2020|
|Pay group||Level 1
(in the first 12 months)
(2nd and 3rd year)
(4th to 6th year)
(7th to 10th year)
(11th to 15th year)
(from 16 years)
|Status: March 2, 2019 A|
|January 1, 2008||+ 2.9%|
|January 1, 2009||+40 €|
|March 1, 2009||+ 3.0%|
|January 1, 2010||East = West|
|March 1, 2010||+1.2%|
|April 1, 2011||+1.5%|
|January 1, 2012||+1.9% + € 17|
|January 1, 2013||+ 2.65%|
|1st of January 2014||+ 2.95%|
|March 1, 2015||+ 2.1%|
|March 1, 2016||+ 2.3%|
|January 1, 2017||+ 2.0%|
|1st January 2018||+ 2.35%|
|1st January 2019||+ 3.2%
Level 1: + 4.5%
linear: + 3.01%
|January 1, 2020||+ 3.2%
Level 1: + 3.2%
linear: + 3.12%
|January 1, 2021||+1.4%
Level 1: +1.8%
At the beginning of 2008, the table wages in tariff area West were increased by 2.9 percent and in tariff area East the pay groups X – Vb BAT-O (corresponds to pay groups 1 to 8 and parts of pay group 9) and the local surcharge for children of 92.5 percent raised to 100 percent of the western level. In the tariff zone East, the table fees were then increased by 2.9 percent on May 1.
In 2009, the salary was raised at the beginning of the year in both tariff areas by a base amount of 40 euros and the table wages by 3 percent on March 1 in both tariff areas.
In 2010, at the beginning of the year, all table fees in the East tariff area rose to the West tariffs, which means that nationwide tariffs have been paid in all pay groups since then. As of March 1, all table fees were increased by 1.2 percent.
In 2011, wages were increased by 1.5 percent on April 1, as well as a one-off payment of € 360.
In 2012, wages were increased by 1.9 percent on January 1, followed by 17 euros.
In 2013, wages were increased by 2.65 percent on January 1, 2014 and wages were increased by 2.95 percent on January 1, 2014.
In 2015, the table fees were increased by 2.1 percent retroactively to March 1.
As of March 1, 2016, a further increase of 2.3 percent, but at least 75 euros, was agreed. The wage agreement was already approved by the representatives of the TdL and the Beamtenbund on March 28, 2015; the ver.di union reserved its consent through a member survey.
In 2017, the table fees were increased by 2.0 percent retroactively to January 1, but at least 75 euros. However, the “minimum amount” of 75 euros only applied to fees below 3200 euros.
On January 1, 2018, there was an increase of 2.35 percent.
In 2019, the table fees were increased retrospectively to January 1, with a total increase of 3.2 percent, but at least 100 euros. On January 1, 2020, there is to be an increase in the total increase volume by a further 3.2 percent, but at least 90 euros, and on January 1, 2021, the total increase volume should be increased by 1.4 percent, but at least 50 euros.
The total increase volume is made up of three different factors and has different effects on the pay groups / types of pay:
Level 1 of all pay groups will be retrospectively by 4.5 percent from January 1, 2019, by 3.2 percent from January 1, 2020 and increased by 1.8 percent as of January 1, 2021. All other levels of all pay groups will receive a linear increase of 3.01 percent in 2019, 3.12 percent in 2020 and 1.29 percent in 2021. In addition, an increase in on-call service charges was agreed. When specifying the percentage wage increase, the freezing of the annual special payment at the level of the wage table for 2018 should be noted. This freeze leads to a reduction in the linear increase by up to 0.2 percentage points each time.
Annual special payment
The "annual special payment" is the combined Christmas bonus and vacation bonus . It is paid out with the November salary. The prerequisite for the grant is that the employment relationship exists on December 1st of the year (Section 20, Paragraph 1 TV-L). For each month of the year in which there was no entitlement to remuneration, the special payment is reduced by 1/12. The basis for assessment is the average monthly remuneration in the applicable remuneration table for the months of July, August and September, or the first monthly salary if the employment relationship began after August 31st.
The annual special payment for the years 2019, 2020, 2021 and 2022 will be frozen at the material level of 2018; this does not affect the east-west adjustment of the annual special payment in 2019.
Salary group ↓
|until 2018||until 2014||2015||2016||2017||2018||2019||2020||2021|
|E1 to E4||95%||71.5%||76.2%||80.9%||85.6%||90.3%||91.69%||tba||tba|
|E5 to E8||92.19%||89.434%||88.295%|
|E9 to E11||80%||60%||64%||68%||72%||76%||77.66%||75.312%||74.353%|
|E12 and E13||50%||45%||46%||47%||48%||49%||48.54%||47.070%||46.471%|
|E13Ü, levels 2 and 3|
|E13Ü, levels 4 and 5||35%||30%||31%||32%||33%||34%||33.98%||32.949%||32.529%|
|E14 and E15Ü|
|as a percentage of a monthly
wage in accordance with the annual wage table
|as a percentage of the monthly salary
at the level of the fee schedule 2018b
When switching to TV-L, one of the goals of the parties to the collective bargaining agreement was to introduce a performance-based remuneration component. In 2007 and 2008, every employee was paid 12 percent of the table wage due for September of the same year as a performance bonus in December , regardless of their actual performance. As part of the 2009 collective bargaining round, the performance fees were abolished again.
Something completely different was planned: 8 percent of the wage bill was to be distributed in the future as performance payment, according to a joint declaration. Initially, a performance component was agreed in the amount of 1 percent of the total wages and salaries for the previous year, excluding the special payments. From January 1, 2007, this should be paid out to employees in the form of allowances and bonuses, which are to be regulated in more detail in service / company agreements . The financing of this sum should come from the reduction of the annual special payments and the elimination of the local supplements. However, before the relevant evaluation principles were implemented, the performance fee was abolished.
Family-related pay components
In contrast to the previous collective wage agreements for the public sector, the TV-L no longer provides for separate family-related pay components such as married allowances, child allowances in the local allowance and the increase in the Christmas bonus .
While entitlements to these remuneration components that already existed when the TV-L came into force are largely secured in the portfolio (except for Christmas and vacation pay, see above), employees hired since November 1, 2006 and old employees will only receive their entitlement requirements after October 31, 2006 no more family-related pay components. See also problems with reconciliation .
capital accumulation benefits
The capital-forming benefits are regulated in Section 23 (1) TVöD and Section 23 (1) TV-L. Basically nothing has changed in the previous principles with the introduction of the new collective bargaining law. As before, the employer's benefit is € 6.65 per month for full-time employees. For part-time employees, this amount is reduced according to the ratio of their working hours to the working hours of a full-time employee. The capital-forming benefits are still not a remuneration that is subject to an additional pension.
Relationship to TVöD
While the general tariff structure and regulations of the TV-L for employees of the federal states and the TVöD for employees of the federal and local governments are very similar, the wage level in the TV-L is significantly lower and is made even more stringent by the restrictions of the outdated pay system. This can lead to controversial situations, such as in the case of employees at universities or university clinics, who have a lower income than the corresponding employees at the federal government or a local authority.
The income difference was up to 6.8 percent in 2018 and is particularly pronounced in higher pay groups. On the part of the negotiating union ver.di , this was justified by the unwillingness of the affected workers in the federal states to strike.
Transfer of existing employees
Since the TV-L should apply to all employees, the existing employment relationships had to be transferred to the TV-L. A distinction was made between manual workers and 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 when the TV-L came into force on November 1, 2006. It is regulated in the collective agreement on the transfer of employees of the federal states to the TV-L and on the regulation of the transitional law (TVÜ-L).
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 are paid monthly for a specific 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.
When federal and municipal employees were transferred to the TVöD on October 1, 2005, the competition rules for the local allowance from level 2 could lead to losses in family income if both partners were employed in the public sector. After the TV-L and the collective bargaining agreement TVÜ-L only came into force 13 months after the TVöD, these problems were largely avoided by modifying the relevant regulations.
The TV-L provides for special branch-specific regulations for the following areas:
In the field of science, the recognition of relevant professional experience is intended to promote personal mobility. In addition, the working time corridor can be increased from 45 to 48 hours and a special compensation period can also be granted through a service agreement. In addition, it should be possible to carry over the vacation until September 30 of the following year. New hires of scientists should always be in pay group 13 (not 14), otherwise the principle of the collective bargaining "seesaw" does not work for young employees who are not permanent. However, an “advance granting of levels” is possible; these levels can be exceeded by up to 25%. In addition, under certain conditions, a special payment can be granted for special services for a third-party funded project . The wage agreement text has now been published. The above changes in the higher education sector are codified in § 40 in particular. The University Association has published a version of the TV-L in which the changes to Section 40 have already been incorporated.
The working hours of the teachers should be based on the respective working hours of the civil servants in the future. This makes it possible for a state government to extend working hours by changing the state's working time ordinance or the respective mandatory hours .
In addition, the table wage values are reduced by 64 to 72 euros per month.
In addition, there are currently still problems with the granting of allowances when performing higher-value tasks. In isolated cases, state governments are involved in labor court processes, as two years after the adoption of the TV-L there are still no regulations for the payment of higher-quality tasks (comparable to grades A 14 to A 16).
The most important feature for teachers is the lack of a grouping collective agreement for salaried teachers in the public service of the federal states. According to the Federal Employees' Collective Bargaining Agreement (BAT), which was in force until 2006, teachers were exempt from the remuneration regulations that governed the grouping of all other public service employees in the federal states. Instead, the grouping is based on employer guidelines and decrees (“teacher guidelines”). The TdL has decided on a grouping guideline for teachers in the west and east, which are directly applied in some federal states, but are not binding. Other federal states have issued their own guidelines. The guidelines are subject to co-determination, even if this still causes problems in some federal states.
As a rule, it is stipulated in the guidelines that teachers who meet the legal career requirements for acceptance into civil servant status (“fulfillers”) - that is, they have first and second state exams or master's and second state examinations in the teaching post in which they are active - are grouped "like comparable civil servants", with a table assigning the pay groups to the salary groups. This procedure was also stipulated in the collective agreement in BAT-Ost until this regulation was terminated by ver.di and GEW at the end of 2012. Teachers with different qualifications (“non-compliant”) are assigned to different pay groups in the guidelines, depending on the type of school they teach at. There are in some cases differences between the federal states, especially between East and West. For example, a graduate theologian who gives religious instruction receives between pay group 9 (elementary school, east) and pay group 13 (high school, west). For many years the education union GEW has been calling for the classification of teachers to be regulated nationwide by means of a collective agreement.
For the Education and Science Union (GEW), which is responsible for negotiating the salaried teachers in collective bargaining in the public sector, the conclusion of a state fee schedule for salaried teachers (L-ego) has a particularly high priority. As early as 2006, the collective bargaining parties had agreed that they would also include the classifications of teachers in the negotiations on a new pay schedule in TV-L. But to this day, the repeatedly interrupted negotiations are without result. The GEW accuses the federal states of having no interest in abolishing the teachers' guidelines in favor of a collective agreement, since the current regulation allows them to be “grouped according to the type of landlord”.
The GEW also points out the problematic effects the teacher guidelines have on other public service employees. Increasingly, employees from other professional groups - from occupational therapists to master craftsmen working in schools - are categorized outside the collective bargaining agreement with reference to the teachers' guidelines, which leads to a fall in the wage level in the public service of the federal states as a whole.
The TV-L contains special regulations for both the nursing staff and the clinic doctors. Since October 2005 the Marburger Bund has been conducting its own collective bargaining for clinicians and concluding separate collective agreements for this group of employees (TV-Ä: doctor's collective agreement ). Since then, the majority of clinicians have been paid according to this tariff, which includes higher monthly salaries, but also a weekly working time of 42 instead of the previous 38.5 hours.
- 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 2008, ISBN 978-3-7663-3847-1 .
- TdL - current collective bargaining agreements, annexes and pay tables
- Pay calculator
- Pay calculator, pay groups and classifications
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- Changes in the field of science ( memento of December 9, 2008 in the Internet Archive ). Accessed September 24, 2015.
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