b. LN employment, to the extent it is not governed by the SA, is governed by the German Constitution and by German labor laws.

Transcription

1 1. General a. The specific terms setting the framewrk fr Lcal Natinal (LN) emplyment in Germany are prescribed in Article 56 f the Agreement t Supplement the Agreement between the Parties t the Nrth Atlantic Treaty regarding the Status f their Frces with respect t Freign Frces statined in the Federal Republic f Germany (F.R.G.) (cmmnly referred t as the Supplementary Agreement [SA]). The current versin f the SA became effective n March, 29, Article 56 f the SA establishes that German labr law, including industrial safety law, as applicable t civilian emplyees wrking with the German Armed Frces, with the exceptin f decrees regulating wrking cnditins, shp agreements and tariff regulatins, shall apply t emplyment f civilian labr with a frce r a civilian cmpnent. b. LN emplyment, t the extent it is nt gverned by the SA, is gverned by the German Cnstitutin and by German labr laws. c. Specific cnditins f emplyment and rates f pay are established in tariff agreements, negtiated between the F.R.G., represented by the Federal Ministry f Finance (FMF) and leading German trade unins. The terms f these tariff agreements are based n cnditins prevailing in Germany fr cmparable wrk and in cmparable industries as well as cmparable sectrs f the federal public service. The U.S. Frces, with Army as the lead cmpnent, tgether with the ther Sending States Frces (SSF), participate in the tariff negtiatins in rder t prtect SSF s (emplyers ) interests, crdinate a negtiating psitin, and t facilitate final agreement. Tariff agreements applicable t LN emplyees f the Sending States Frces, including the U.S. Frces in Germany are: 1. Cllective Tariff Agreement f 16 December 1966 (CTA II) as amended The CTA II establishes pay and cnditins f emplyment, exceeding thse established by law and cnsists f fur majr parts and 17 appendices. 2. Tariff Agreement n Prtectin frm Ratinalizatin Measures, Terminatin f Emplyment, and Incme Prtectin (Prtectin Agreement/ Schutz-TV ) f 2 July 1997 (a) This agreement applies t all emplyees with a minimum f tw years f service, wh have attained age 21 and are emplyed n an indefinite basis. It als applies t emplyees wh are emplyed n a temprary basis, if such emplyment immediately fllws an indefinite appintment with the SSF and was terminated by the emplying agency r by annulment cntract fr reasns listed in (1) and (2) belw. Jan

2 (1) Benefits are prvided t emplyees wh, by initiatin f the statining frces, lse their current psitins (als by displacement resulting frm a scial selectin prcess) because f an rganizatinal measure, r if the value f their psitins decrease fr these reasns. (2) Organizatinal measures are: - Deactivatin f the emplying rganizatin - Merger f the emplying rganizatin with ne r several ther emplying rganizatins f the same sending state - Relcatin f the emplying rganizatin utside the cmmuting area - Rerganizatin f the emplying rganizatin - Measures in accrdance with Art. 2 (1) f the TASS (see Para (3)(a) belw). (b) The agreement delineates placement rights f the affected emplyees, incme prtectin rights, release fr vcatinal training measures, entitlements t indemnity payment and prtectin frm terminatin f emplyment. It als specifies the persnal supplements which are t be paid t emplyees cvered by this agreement. 3. Tariff Agreement fr the Scial Security f the Emplyees f the Sending States Frces in the Federal Republic f Germany, 31 August 1971 (SSA/ TASS ) (a) This tariff agreement applies t emplyees wh fall within scpe f the CTA II and are separated due t reductin f trp strength r, where fr military reasns and n directin f the highest service authrity, a unit is deactivated r relcated utside the cmmuting area. Csts are brne by the gvernment f Germany. (b) The minimum requirements fr eligibility upn separatin are: - ne year f full time emplyment, - cmpletin f a minimum f five years f creditable service as defined in Article 8 in CTA II and have attained the age f 40, - have had permanent residence within the gegraphical scpe f the CTA II fr at least five years, - nt be eligible fr receipt f retirement r early retirement pensin, - have nt been ffered a reasnably acceptable assignment within the area f applicability f the CTA II. (c) Benefits are a mnthly supplement, called transitin allwance t cver the gap between the frmer incme earned with the SSF and the current incme. The current incme may result frm: - Earnings frm ther emplyment utside the Statining Frces that is exceeding 21 weekly hurs - Benefits frm the Bundesanstalt für Arbeit (Federal Labr Agency) in case f unemplyment r participatin in prfessinal develpmental prgrams (fr example, unemplyment benefits, unemplyment assistance, r subsistence allwance.) Jan

3 - Sick pay frm the statutry health insurance in case f unfitness fr wrk resulting frm sickness r in additin t injury pay frm the statutry accident insurance in case f unfitness fr wrk resulting frm an n-the-jb accident. (d) Age and length f service f the frmer emplyee determine the duratin f eligibility f benefits. 4. Emplyer Pensin Scheme (a) Grup Life Insurance (Allianz) (1) On behalf f the U.S. Frces, the F.R.G. cncluded a grup life insurance cntract fr all emplyees. The emplyer cntributes 2.5% f emplyees mnthly earnings t the insurance carriers. Fr emplyees with five r mre years f creditable service, the emplyer cntributins are 3.5%. - The insurance is paid slely by the emplyer with n cst t the emplyees. The cntributins are taxable and subject t scial insurance cntributins fr thse emplyees hired after December 31, Death benefits duble in case f an accident. - The insurance is paid ut in ne lump sum upn retirement. (2) An emplyee whse emplyment ends prir t reaching the legal retirement age, has the ptin f cntinuing t pay the insurance, terminating the insurance and receiving the premium reserves as a lump sum payment r letting the insurance plicy rest until retirement age is reached. (3) Grup Life Insurance payments are nt made t emplyees wh terminate their emplyment befre having been emplyed with the U.S. Frces fr five full years. (b) Pensin Fund (Winsecura Pensinskasse) Emplyees wh are bligated t cntribute t the statutry pensin insurance have the ptin t cntribute t a supplementary pensin fund with an insurance carrier especially licensed by the German gvernment. These cntributins are tax-deductible. d. Regulatins r ther cmmand publicatins establish the plicy, administrative and prgram instructins, and prcedures pertaining t implementatin f tariff agreements and law; vertariff cnditins; respnsibilities and functins in LN persnnel management and administratin; and matters agreed n with the Gvernment f Germany regarding persnnel functins f German authrities. e. The German Gvernment prvides payrll functins based n infrmatin prvided by the U.S. Frces IAW Article 56, paragraph (10), SA, and the Administrative Agreement Implementing Article 56, paragraph (10) f the Agreement t Supplement the Agreement between the Parties f the Nrth Atlantic Treaty Regarding the Status f their Frces with Respect t Freign Frces Statined in the Federal Republic f Germany, dated 3 August Jan

4 This includes prcessing f travel vuchers and mving expense vuchers as well as cllectin f verpayments. Persnnel recrds are kept t the extent necessary fr pay purpses. An administrative service fee, paid by the U.S. Frces fr payrll functins, ranges between 0.5 % and 0.65 % f ttal annual payrll sum. f. Strikes by LN emplyees are allwed under the same cnditins as in the private sectr. 2. Emplyment Cnditins a. Regular Wrk Hurs The majrity f emplyees have a regular wrkweek f 38.5 hurs. Emplyees in accmmdatin and catering establishments (Appendix H, CTA II) have a wrkweek f 39 hurs. b. Prbatinary Perid The prbatinary perid fr all newly hired emplyees is three mnths (Article 5, CTA II). c. Separatin Ntice Perid (1) During the prbatinary perid, ntice f terminatin may be given by either party with a ntice perid f tw weeks t the end f the calendar mnth. (2) Ntice perids fr an rdinary ntice f terminatin by the emplying agency range frm fur weeks t the end f a calendar mnth fr emplyees with less than six mnths emplyment t seven mnths t the end f a calendar mnth fr emplyees with at least 20 years f emplyment (Article 44, CTA II). (3) Emplyees may terminate their emplyment by bserving a ntice perid f fur weeks t the end f a calendar mnth. 3. Pay Entitlements a. Regular Earnings Emplyees are paid salaries and wages n the last wrkday f each calendar mnth (by mney transfer t an emplyee s bank accunt, Art. 22 CTA II). All pay scales fr LN Germany are published at: /germanschedules.html Jan

5 b. Pay Supplements and Allwances (1) Christmas Pay 6.33% f annual earnings are paid with the Nvember pay t emplyees wh, n r befre Octber 31 r upn separatin, have cmpleted the prbatinary perid and are emplyed with the Statining Frces f the same Sending State n the last day f the calendar mnth fllwing cmpletin f the prbatinary perid. (CTA II, Appendix W). (2) Vacatin Pay 2% f annual earnings are paid with the pay fr May t emplyees wh, n r befre May 1 r upn separatin, have cmpleted the prbatinary perid and are emplyed with the Statining Frces f the same Sending State n the last day f the calendar mnth fllwing cmpletin f the prbatinary perid (CTA II, Appendix V). (3) Prperty Accrual An amunt f per mnth is paid int a special accunt set up by the emplyee. Apprentices are paid (CTA II, article 41). Part-time emplyees receive a prrated prperty accrual. (4) Overtime Pay Overtime hurs wrked will be paid by the hurly basic cmpensatin plus an vertime supplement in the amunt f 25% (first five hurs) r 30% (frm 6th hur n) f the hurly rate (CTA II, articles 10 and 20). Other vertime cnditins may be stipulated in the appendices f the CTA II. The basic pay can be cmpensated by time-ff; hwever, the supplement still applies. (5) Night Wrk A supplement in the amunt f 25% f the hurly rate is paid t emplyees wh are required t wrk between 2100 and 0600 hurs (CTA II, articles 11 and 20). (6) Sunday Wrk Subject t the cnditins set frth in articles 12 and 20, CTA II, a pay supplement f 25 % f the hurly rate is paid if time ff is subsequently granted n a weekday and 50 % f the hurly rate if time ff cannt be granted. (7) Hliday Wrk Subject t the cnditins set frth in articles 13 and 20, CTA II, the pay supplement fr wrk perfrmed n a legal German hliday is 50 % f the hurly rate if time ff is subsequently granted n a weekday and 100 % if time ff cannt be granted. Jan

6 (8) On-call Duty (1) Subject t the cnditins set frth in Article 8 CTA II, emplyees may be scheduled fr n-call duty t perfrm emergency services r ther unexpected urgent wrk that cannt be pstpned t regular wrk hurs. (2) Hurs f n-call duty will be cmpensated by 12.5 % f the regular hurly rate; hurs f n-call duty n a Saturday, Sunday r legal hliday will be cmpensated by 20 % f the hurly rate (CTA II, article 9, paragraph 8. d). (3) If called t wrk during n-call duty, emplyees will receive the cmpensatin in accrdance with (2) abve, and, in additin, their persnal hurly pay, if applicable t include supplements, fr the actual time wrked and fr travel time. If the sum f accumulated perids f wrk during n-call duty is less than three hurs, emplyees will receive cmpensatin fr a minimum f three hurs, t include supplements as if it were vertime. Official phne calls (respnding t technical questins and technical cnsultatin) will als be regarded as actual time wrked. If emplyees d nt have t leave their lcatin and the ttal perid f accumulated time wrked (fficial phne calls) des nt exceed ne hur, they will receive cmpensatin fr at least ne hur, t include supplements as if it were vertime. Furthermre, emplyees will receive cmpensatin fr actual time wrked. (4) Withut their cnsent, emplyees will nt be assigned t perfrm n-call duty fr mre than 14 days per mnth, including n mre than tw weekends, and may nt be assigned t perfrm n-call duty n weekends adjining a multi-day annual leave perid (CTA II, article 9, paragraph 8). (9) Clthing Allwance Nrmally, emplyees wh require prtective clthing receive an issue free f charge in accrdance with AR , due t expsure t health hazards r severe wrking cnditins. If ccupatinal clthing cannt be prvided, emplyees are paid an ccupatinal clthing allwance cnsisting f the initial allwance, a replacement allwance and a maintenance allwance (USAREUR Regulatin ). (10) Severity Allwance Will be paid fr each wrk hur during which emplyees are subjected t severe wrking cnditins. These cnditins and the percentage f payment are utlined in CTA II, Appendix S. Jan

7 (11) Relcatin Csts Are paid when an emplyee is invluntarily transferred utside his/her cmmuting area because f a reductin in frce (RIF) r in lieu f a RIF and may (in specific situatins) be paid if an emplyee is appinted frm utside the cmmuting area. The affected emplyee is entitled t receive cmpensatin f travel expenses, rental subsidy, mving expenses and incidental csts in accrdance with the prvisins f Army in Eurpe Regulatin Allwances are nt apprved when the transfer is fr persnal reasns f the emplyee. 4. Cntributins accrding t German law and CTA II a. Statutry Pensin Scheme Cntributins are brne in equal parts by the emplyer and emplyee. Ttal cntributin amunts t 18.7% f basic cmpensatin up t the 2016 mnthly assessment limit f 6,200. b. Health Insurance The ttal cntributins amunt t 14.6% f basic cmpensatin up t the 2016 mnthly assessment limit f 4, Cntributins are brne in equal parts by the emplyer and emplyee (7.3% each, thugh the emplyee may be bligated t cntribute mre, based n the insurance carrier). c. Nursing Care Insurance Ttal cntributin amunts t 2.35% f basic cmpensatin up t the 2016 assessment limit f 4, Cntributins are brne in equal parts by the emplyer and emplyee; hwever, emplyees aged 24 and abve wh have n children pay an additinal 0.25%. d. Unemplyment Insurance Cntributins are brne in equal parts by the emplyer and emplyee. Ttal cntributin amunts t 3% f basic cmpensatin up t the 2016 mnthly assessment limit f 6,200. e. Death Benefits Fllwing an emplyee s death, the beneficiaries receive a death benefit in the amunt f tw mnthly salaries. This sum is increased t three mnthly salaries if the death was caused by a jb-cnnected accident (CTA II, article 38). Jan

8 5. Leave Entitlements by tariff and/r law a. Annual Leave 30 wrkdays per year fr all emplyees with a five day wrk week (CTA II, article 33). Severely handicapped emplyees receive an additinal six days leave per year (CTA II, article 34). Emplyees with a wrkweek f less than five days are entitled fr partial annual leave accrdingly. Unused annual leave entitlements f the current calendar year will be frfeited after 31 Mar f the fllwing year unless therwise stated in the Tariff prvisins. b. Excused Absence Upn request and prductin f evidence, emplyees will be given paid time-ff, needed fr a limited perid fr specific reasns. Specific cases and the number f days fr which excused absence is granted are listed in CTA II, Article 28. Examples f situatins fr which excused absence is granted are: death in the immediate family, wn marriage, serius illness f a family member, and perfrmance f general civic duties under German law (CTA II, article 28). c. Sick Absence and Benefits Emplyees are entitled t cntinued payment f earnings fr a perid f up t six weeks fr absences due t illness. After the six week perid, emplyees with at least ne year f creditable emplyment are entitled t receive a sick pay supplement. This supplement amunts t the difference between the sickness benefit paid by the health insurance carrier and the emplyee s regular earnings fr a perid f up t 12 weeks per calendar year (CTA II, article 29). d. Maternity Leave Emplyers are nt allwed t emply pregnant wmen six weeks befre the birth (unless the mther declares the ppsite; this decisin is revcable at any time). Emplyers are prhibited frm emplying mthers eight weeks after the birth f the baby. Salary/wage is nt earned during maternity leave but the emplyer must pay a subsidy. The subsidy crrespnds t the difference between the benefits frm the statutry health insurance carrier and the net amunt f the regular earnings. e. Parental Leave Fllwing the birth f the baby, unpaid parental leave f up t three years may be taken by either r bth parents.. If bth parents take parental leave, the threeyear perid is divided between them in increments that they chse. Jan

9 A 12-mnth prtin f parental leave may, upn apprval by the emplyer, be used by ne parent up until the time the child is eight years f age. Emplyees will nt be paid by their emplyer during absence due t parental leave, but will receive benefits frm the German Gvernment. The emplyee may request a reductin f the weekly wrk hurs r an adjustment f the wrk cnfiguratin. Any agreement n part-time wrk with the current r any ther emplyer may nt exceed a wrk time f 30 hurs per week. Annual leave entitlements will be reduced prprtinately. f. Nursing Care and Family Nursing Care Leave The law n nursing care and family nursing care leave prvides three additinal entitlements t unpaid (fulltime r part-time) wrk release fr LN emplyees wh have t assume respnsibility fr the care f clse family members: 1) Shrt term: Upn prir ntice, emplyees are entitled t an absence frm wrk f up t 10 wrking days if necessary in rder t rganize care as needed in cnnectin with an unexpected acute care situatin, r t prvide care during this perid. 2) Nursing care leave up t a maximum f 6 mnths: Emplyees are entitled t nursing care leave f up t six mnths if they prvide care in a dmestic envirnment. Emplyees must prvide prf f the family member s care dependency. Nursing care leave requires a prir ntice f at least 10 wrk days. Emplyees have n pay entitlements fr the time they are absent due t nursing care leave. Hwever, perids f hme care leave will be cnsidered creditable perids f emplyment IAW Article 55 CTA II. Any partial release frm wrk fr nursing care leave is subject t an agreement with the emplyer. Annual leave entitlements will be reduced prprtinally fr each mnth f full-time release. 3) Family nursing care leave up t a maximum f 24 mnths: Emplyees are entitled t family nursing care leave up t even 24 mnths but this entitlement requires a weekly wrk-time f at least 15 hurs. The family nursing care leave requires a prir ntice f at least 8 weeks. The emplyer nly pays fr the reduced wrktime. The emplyee may apply fr an interest-free lan prvided by German authrities t finance the lss f incme. Release frm wrk due t nursing care leave under 2) and family nursing care leave under 3) may nt exceed 24 mnths in ttal fr each family member needing care. Jan

10 Emplyees n nursing care r family nursing care leave may nt be terminated during their perid f absence. g. Educatinal Leave Based n state law in mst f the federal states in Germany, emplyees are entitled t request paid leave (5 wrk days within a CY that can be transferred int the next CY) t attend an fficially acknwledged functin/curse fr educatinal purpses (in the meaning f prfessinal and/r plitical educatin in particular). The emplyee is bligated t submit apprpriate dcumentatin that justifies the entitlement in advance t receive emplyer s prir apprval. The emplyer neither pays the curse fees nr will the emplyee be reimbursed fr any csts/expenses. The respnsible CPAC prvides advice and answers questins regarding this entitlement. 6. Legal Hlidays The number f legal hlidays in Germany can reach up t 13 days per calendar year, depending n the federal state the duty statin is lcated at. N extra day ff is given when a legal hliday falls n a nn-wrkday. Based n individual shp agreements, LNs may als have ff n US hlidays as a cmpensatin fr wrking abve the regular weekly wrk hurs accrding t the CTA II. 7. Indemnity Pay In accrdance with the Tariff Agreement n Prtectin frm Ratinalizatin Measures, Terminatin f Emplyment, and Incme Prtectin (Prtectin Agreement) f 2 July 1997, emplyees wh are terminated fr reasns utlined in paragraph 1.c.2 abve receive an indemnity f 1/3 mnths pay fr each full year f emplyment with a maximum f seven mnths pay. Emplyees wh meet the criteria f paragraph 1.c.3 (SSA) abve, have been emplyed fr at least 10 years, and are aged 40 r abve, receive tw mnths pay. The Enhanced Annulment Cntract Prgram fr Lcal Natinal (LN) Emplyees in Germany is available t eligible lcal natinal emplyees. Additinal benefits are available t emplyees eligible fr early retirement. Annulment cntracts are nt an emplyee entitlement, must always be apprved first by management based n the rganizatin s missin requirements, and finally apprved by USAREUR G1, Civilian Persnnel Directrate. Managers and emplyees wh have questins cncerning this prgram shuld cntact their lcal civilian persnnel advisry center fr infrmatin and assistance. Jan

11 Enhanced Annulment Cntract This prgram grants enhanced indemnities t emplyees: whse psitins will be ablished as a result f Reductin in Frce (RIF) actins, wh vacate a psitin fr placement f an emplyee whse psitin has been ablished whse psitins are subject t wrkfrce restructuring. wh are subject t terminatin f emplyment due t the relcatin f their emplying rganizatin utside the cmmuting area. Fr emplyees nt entitled t benefits under the Scial Security Agreement (SSA) r thse waiving their SSA entitlements: ne mnth s pay per creditable year f service fr the first ten years, plus ne half mnth s pay per creditable year f service starting with the eleventh year up t a maximum f 5 mnths pay, plus 50% f salary savings if the individual ntice perid is waived. The maximum indemnity fr emplyees bserving their individual ntice perid will be 15 mnths pay and fr thse emplyees leaving earlier the maximum indemnity pay can amunt up t 18.5 mnths pay. Fr emplyees taking advantage f SSA benefits: 2 mnths pay IAW the Tariff Agreement f 2 July 1997 n Prtectin frm Ratinalizatin Measures, Terminatin f emplyment and Incme Prtectin (Prtectin Agreement), plus an additinal 8 mnths pay, plus 50% f salary savings if the individual ntice perid is waived. The maximum indemnity pay fr emplyees bserving their individual ntice perid will be 10 mnth s pay and fr thse emplyees leaving earlier the maximum indemnity pay will amunt t 13.5 mnths pay. Emplyees eligible fr early retirement The enhanced indemnity pay prgram ffers additinal incentives t emplyees wh meet the criteria fr an annulment cntract, are eligible fr early retirement, and wish t leave emplyment earlier. This grup f emplyees will receive the indemnity ffered t thse emplyees nt entitled t benefits under the Scial Security Agreement (SSA) r thse waiving their SSA entitlements plus the fllwing benefits: a lump-sum equivalent t the amunt they wuld need t pay int their scial insurance accunt t avid a pensin deductin (the emplyee can elect t have this lump sum payment included in the indemnity r authrize the Freign Frces Payrll Office (FFPO) t pay the amunt directly t his/her scial insurance carrier), and 4% f the annual salary fr each year they retire befre reaching age 65 t cmpensate fr lss f premium payments t the Grup Life Insurance. Jan

12 Fr any type f annulment cntract the ttal amunt f indemnity pay will nt exceed the ttal expenses the emplyer wuld have incurred had the emplyee cntinued t serve until he/she reached regular retirement age. Jan