Regular Working Time

    1. The regular working time, excluding rest periods, amounts to 38.5 hrs per working week.
    2. The regular working time may be extended, for operational reasons (= betriebliche Gründe), up to 40 hours per working week.

Protocol Note: This extension of the regular hours of work may only be made use of if not more than 20% of the employees of an agency in the meaning of the Protocol of Signature to Article 56(9) of the Supplementary Agreement to the NATO SOFA are affected. Excluded from this quote and its calculation are employees whose working time has been extended on the basis of other provisions of this tariff agreement. [Note (not part of the tariff agreement): The Sending States Forces have agreed to supply a statement, to be part of the official letter notifying the conclusion of this tariff agreement, to the Trade Unions on the following lines: ‘For the extension of the regular working time in accordance with § 9, 1b CTA II the protocol note in respect of this provision includes the restriction to 20 % of employees in an agency. The employers will only make use of this extension in such agencies in which this is required for operational reasons. Therefore, it is to be assumed that not more than 7 % of the employees in total per Force will be affected.]

 

    1. In deviation from paragraph 1 the regular working time may be extended up to 48 hours per working week if the working time exceeding the regular working time in accordance with paragraph 1 consists, as a rule, of standby duty or readiness duty.
    2. Readiness duty (Arbeitsbereitschaft) is the time during which the employee is to be present at his/her place of work or at another location as determined by the employer – but outside his/her private sphere – in order to take up work immediately when required. Standby duty (Bereitschaftsdienst) is given when the employee is, for operational reasons, to be present at a location determined by the employer in order to immediately take up her/his full working tasks when so instructed. The time of readiness duty or standby duty is full working time within the frame of hours of work determined for the working week in accordance with paragraphs 1 and 2a. It may be overtime in the meaning of paragraph 10,1. as well.
    1. The regular working time may, for operational reasons, be distributed unevenly over several working weeks but only if a balance is achieved within 12 calendar months.
    2. (1) Employees performing shift work in places which require continuous manning and – if required for operational reasons – other employees who perform shift work may be required to work 1.5 hrs per week over and above the working hours in accordance with paragraphs 1 or 2a. For these employees it is to be ensured that the average regular working hours in accordance with paragraph 1 and 2a or in accordance with the special provisions in the appendices are not exceeded by granting days/shifts off, within a period of 12 calendar month. Remaining fractions of free days/shifts shall be carried forward to the following accounting period.

Protocol Note: Paragraph 33, 2b and c shall not apply when granting free days/shifts. Consequently periods of leave shall be disregarded for the assessment of free days/shifts.

 

  • The free days/shifts in accordance with (1) above are to be determined in advance. In doing so operational requirements are to be considered with preference.

The free days/shifts may be established for each individual employee or uniformly for groups of employees or for the entire unit.

  • When distributing the regular hours of work in accordance with Paragraphs 3a and b not more than 10 hours per working day are to be established unless the working time contains readiness duty or standby duty to a considerable extent.
  1. Changes to the working time regulations as agreed with the Employing Agency in accordance with the provisions of paras 1, 2 and 3 shall be announced a week in advance.
    1. If, immediately following completion of the working hours in accordance with the daily working hour schedule, at least two further hours are worked at the instigation of the Employing Agency, the addi­tional hours shall incorporate a paid break of 10 minutes.

      However, if the daily working hours for this day have been set at less than 8 hours, the above shall apply only, if a minimum of 10 hours has been worked. The break is to be taken, whenever possible, immediately after completion of the working hours in accordance with the daily working hour schedule.
    2. If, immediately following the daily scheduled working hours, more than two hours are worked at the instigation of the Employing Agency, the employee shall be en­titled to 10 minutes paid rest period for each two full hours worked.
  2. A working week is the period from Monday 00.00 hours to Sunday 24.00 hours.
    1.  The working time begins and ends at the place at which the employee perform his duties (place of work) or at which he/she is to report to at the beginning and/or at the end of the working hours.
    2. If the distance from the entrance, nearest to the place of work, to the employing unit or from a stop of public transport within the confines of the employing unit to the place of work exceeds 2 km and if no transport is provided by the employer the working time begins and ends at the entrance to the employing unit or at the stop of the public transport.
    3. If transport to work provided by the employer for the employee fails to arrive on time the employee shall be paid those earnings he would have received for his regular working hours had he/she been at work.
  3. Employees may be assigned to on-call duty – where this is required for operational reasons – under the following rules. Temporary or indefinite exemption from on-call duty may be granted to individual employees for seriously significant personal reasons, unless compelling operational reasons against doing so exist.
    1. During on-call duty, employees are essentially free to choose the location where they spend their time. They must nevertheless ensure that they can be contacted at any time during on-call duty, so that they can start working immediately when required.
    2. On-call duty time shall not count as working time. On-call duty is to be performed outside the specified regular hours of work.
    3. The on-call duty assigned to an employee must not exceed 14 days per month, and must not include more than two weekends without his consent.On-call duty on weekends adjoining an annual leave period of several days shall not be assigned to an employee without his consent.

On-call duty hours shall be remunerated at 12.5 per cent (or at 20 per cent for on-call duty hours on Saturdays, Sundays or public holidays) of the hourly basic remuneration (Section 16, para. 1a, sub-para. 3).

  • If the employee is called upon to perform work during the on-call duty period, then he shall be remunerated at his personal hourly rate, plus any allowances applicable for the actual time worked and for time spent travelling to and from his workplace, in addition to the remuneration in accordance with para. d);. If the total time worked during on-call duty is less than three hours, the employee shall receive remuneration (including allowances) for at least three hours for this as if it were overtime.

 

Official telephone calls (responding to technical questions and technical consultation) shall also be regarded as actual working time. If the employee did not have to leave his location and the total time he spent replying to official telephone calls during on‑call duty did not exceed one hour, he is to receive remuneration (including allowances) for at least one hour for this as if it were overtime.

 

Expenses incurred by the employee as a result of telephone calls and/or the use of public or private transport shall be reimbursed. The provisions of Appendix R, paragraph II, shall be applied accordingly for the reimbursement of the travel costs.

  • Actual working time accruing during on-call duty after the end of the regular daily working hours and exceeding ten hours in one day shall be attributed to the next day; it shall be offset on that day in a manner ensuring that not more than ten hours of work are performed.
  • Should the employee be unable start working his specified regular working hours in a timely manner on account of a rest period resulting from work performed during on-call duty, the working hours thus lost shall be remunerated as working time in accordance with the provisions of the Collective Tariff Agreement.
  • In order to take due account of the characteristic nature of this duty, the rest period to be observed in accordance with Section 7, para. 1, sub-para 3, of the Working Hours Act shall be shortened by two hours to a total of nine hours if work was performed during on-call duty. Compensation for this measure shall be established within 24 weeks.

 

Further shortening of the rest period to be observed in accordance with Section 7, para. 2, items. 1 and 4, of the Working Hours Act, and associated details (including those relating to Section 7, para. 1, of the Working Hours Act), may be regulated by a shop agreement.”

 

Article 9 para 8 amended by agreed amendment 32 to CTA II wef 1 st March 2009