What is my salary according to EEE

Salary regulations for the electrical and electronics industry, salaried employees, valid from 1 May 2020

Minimum salaries, allowances, travel allowances, apprentice allowances

1. Minimum salaries [1], apprenticeship allowances [2], minimum allowances [3] and minimum travel expenses [4] result from the respective sections of the collective agreement.

[1]Framework KV section 6 point 22.

[2]Framework KV section 6 point 63. 

[3]Framework KV section 7 points 15 to 17.

[4]Framework KV section 10 points 6 to 8.

Actual salaries

2. The actual monthly salaries (actual salaries), with the exception of the apprentice compensation, are to be increased by 1.6% (unless an option model according to points 3 to 6 is used). If the actual salaries increased in this way do not reach the new minimum salaries, they must be increased accordingly. Overtime flat rates are to be increased by the percentage by which the respective actual salary increases.

One-time payment option

3. Instead of the increase according to point 2, a company agreement to be concluded by July 31, 2020 can stipulate that the actual salaries will be increased by 1.4% and a one-off payment will be made. If the actual salaries increased in this way do not reach the new minimum salaries, they must be increased accordingly. Overtime flat rates are to be increased by the percentage by which the respective actual salary increases.

Amount of the one-time payment
In addition to the actual salary increase, a one-time payment of at least 8.4% of the

a) Actual salary in April 2020 of the individual employee or

b) average actual salary in April 2020 of employees in the company or

c) Average actual wages / salaries in April 2020 of all workers (with the exception of workers employed in piecework or bonus wages) and employees in the company.

Choice of the one-time payment option
The company agreement must specify which variant is to be used. In the case of variant c, the consent of the workers 'council and the white-collar workers' council is required. In the case of variants b and c, the salaries of part-time employees should not be taken into account when calculating the average. Part-time employees are entitled to the proportional part of the one-off payment corresponding to their extent of employment - including the overtime worked on average in the period from January to April 2020 inclusive. Employees in partial retirement are entitled to the aliquot part of the one-off payment corresponding to their agreed average extent of employment plus the portion corresponding to the wage adjustment.

Beneficiaries
Eligible are all employees who were in an employment relationship on September 30, 2019 that was in effect on September 15, 2020; also those who are in an apprenticeship on September 30, 2019 and in an employment relationship with the same company on September 15, 2020.

The works agreement must specify whether the actual salaries of employees whose employment relationship began after September 30, 2019 but before May 1, 2020 and is valid on September 15, 2020,

a) is to be increased according to point 2 and no one-off payment is due or

b) is to be increased in accordance with point 3, paragraph 1 and a one-off payment is due.

To employees who on 1.5.2020 and on 15.9.2020

a) are on statutory parental leave,

b) Perform military or training service in accordance with the Defense Act or community service, or

c) are in an apprenticeship,

the one-time payment option does not apply; point 2 applies to them.

information
The desired choice of the one-time payment option must be announced in the company by May 26, 2020 (e.g. by posting).

Payout
From 1.5.2020 the salaries are to be increased according to point 3, paragraph 1. The one-time payment must be paid by September 30, 2020. If, contrary to the original intention, no company agreement is reached, the difference between the increase in salaries in accordance with point 2 and point 3, paragraph 1 for the months from May 2020 to July 31, 2020 must be paid later.

Distribution option

4. Instead of the increase in accordance with point 2, a company agreement to be concluded by July 31, 2020 can stipulate that an increase in actual salaries by 1.4% also takes place in an individual increase in the salaries of individual employees. If the actual salaries increased in this way do not reach the new minimum salaries, they must be increased accordingly, whereby this increase cannot be offset against the distribution amount. Overtime flat rates are to be increased by the percentage by which the respective actual salary increases.

In addition to the actual salary increase, at least 0.4% of the total salary must be used for internal distribution in the form of actual salary increases (distribution amount).

From 1.5.2020 the increase according to point 4, paragraph 1 must be made. The difference in remuneration based on the works agreement or in accordance with point 2 is to be calculated retrospectively from 1.5.2020 and paid by 31.7.2020. If, contrary to the original intention, no works agreement is reached, the difference between the increase in wages according to point 2 and point 6, paragraph 1 for the months from May 2020 to July 31, 2020 must be paid.

The total salary for the month of April 2020 is to be determined by applying the provisions on the basis of assessment of the performance volume (Section 6 Point 39 lit. a to e) mutatis mutandis.

The works agreement has to state the beneficiaries either in general or in detail, to describe the type of distribution and to ensure verifiability.

The distribution option is intended to help improve the salary structure. In particular, low salaries and salaries that are mutually regarded as too low should be given greater consideration. This circumstance can result from the salary as well as from the ratio of the salary to the work performed or to the qualification. There are also aspects of purchasing power to be taken into account.

The desired selection of the distribution option must be announced in the company by May 26, 2020 (e.g. by posting).

Leisure option

5. Instead of part or all of the increase in actual salaries in accordance with point 2, a company agreement can create the possibility of agreeing on paid time off; In companies without a works council by means of a written agreement with the parties to the collective bargaining agreement (framework agreement):

  • In the case of full-time employment and full use of the leisure option, there is a leisure time entitlement of at least 2 hours 40 minutes per month;
  • in the case of part-time employment, the aliquot share of this is due.
  • Special occupational groups (Section 4 Point 36) are given leisure time that is adapted to their normal working hours.
  • For periods of service without entitlement to remuneration, there is no entitlement to leisure time (e.g. military service, community service, maternity allowance, statutory parental leave, exemption against loss of pay, extended works council training exemption, unjustified absence, incapacity for work without entitlement to continued remuneration).
  • The free time must be recorded in a separate time account, the status of which is to be communicated to the employee on a monthly basis.
  • An anticipation of not yet acquired leisure time is excluded.
  • The free time does not expire due to the passage of time;
  • The employee cannot do without free time.
  • Using this option does not result in an agreement on part-time work.

Free time is to be consumed by the hour, all day or all week by agreement between the employee and the company. During leisure time, 1/167 of the monthly value determined in accordance with section 9 point 2 (calculation of the special payment) must be paid for each hour. If no agreement can be reached, the use of the free time can begin before or after the next vacation, public holiday or a leave of absence according to Section 5. For compelling operational requirements, the company can demand that the free time is used at the earliest 4 weeks later in a period chosen by the employee.

For periods in which there is an entitlement to continued remuneration due to statutory or collective agreement provisions, the consumption of free time from the free time option cannot be agreed.

Procedure:

  • The actual salaries of all employees are to be increased by 1.5.2020 in accordance with point 2.
  • The intended conclusion of a company agreement must be announced in the company by June 30, 2020 (e.g. by posting).
  • The employees have until October 15, 2020 to express their intention to the company to choose this option.
  • A company agreement on the framework conditions for the leisure time option can be concluded by September 15, 2020.
  • If such a works agreement is concluded by September 15, 2020, those employees who have expressed their interest have the opportunity to agree on the use of the leisure time option in an individual contract by November 15, 2020.
  • If such an individual agreement is concluded by November 15, 2020, the actual salary of the employee concerned must be reduced by the increase in accordance with point 2 as of January 1, 2021. From this point in time, the leisure credits must be made.