Collective agreement on short-time work in the public sector extended

Haufe Online Editorial Office

The collective agreement on short-time working in the municipal public sector (TV COVID) was signed by the parties to the collective agreement until 31 December 2009.12.2022 extended. In addition, the possible duration of short-time work was extended from 21 months to 24 months.

On 15.12.2021, the Association of Municipal Employers’ Associations (VKA) and the trade unions dbb and ver.di decided to extend the "Collective Agreement on the Regulation of Short-Time Work in the Area of the Union of Municipal Employers’ Associations (TV COVID) until 31.12.2022 to be extended.

The TV COVID stipulates that public municipal employers, with the participation of the staff council or. works council can apply for short-time work at the relevant employment agency if the statutory Requirements according to §§ 95 ff. Social Code III, i.e Work stoppage with loss of pay of at least 10 percent for more than 10 percent of employees, available. The short-time work must announced seven calendar days in advance become.

Scope and maximum duration of short-time work in the public sector

Pursuant to § 3 of the TV COVID, short-time work may be introduced in companies and departments but not for individual employees. The companies and departments include z. B. including municipal enterprises, institutions, corporations and foundations under public law and other municipal institutions.

According to the new legal situation, short-time work can be continued for the duration of up to 24 months will be introduced. It ends no later than 31.12.2022.

Amount of short-time allowance for public sector employees

The short-time allowance is based on the flat-rate net loss of pay in the respective month of entitlement. It is currently 60 percent or. 67 percent the so-called net pay difference (§ 105 SGB III). Employees receive the higher benefit rate of 67 percent,

  • who have at least one child (i. S. d. § 32 para. 1, 3 to 5 EStG) have been met, as well as
  • whose spouse or civil partner has at least one child within this meaning, if both spouses or civil partners are subject to unlimited income tax liability and are not permanently separated.

The general benefit rate of 60 percent applies to other beneficiaries.

Until 31.3.2022 increased benefit rates apply to the short-time allowance.

The short-time allowance for the period 1.1.2022 until 31.3.2022

  • from 4. Reference month for employees with child 77 percent and for employees without children 70 percent and
  • from the 7. Reference month for employees with a child 87 percent and for employees without children 80 percent of the relevant net difference in pay.

Municipal employers top up short-time workers’ benefits

In addition, employers top up short-time allowance in pay groups up to EG 1 to 10 95 percent and in pay groups EG 11 to 15 to 90 percent of the net monthly salary that the employees received on average in the three calendar months before the introduction of short-time work (§ 5 TV COVID). The Top-up payment is remuneration subject to supplementary pension. In contrast, short-time allowance is not subject to tax or social security contributions and is therefore not subject to supplementary benefits.

The collective bargaining partners have also clarified that the collective agreement on short-time work is not intended for the municipal core administration (personnel, building administration, social and educational services, if supported by the municipality) and the regulatory and sovereignty administration.

Termination for operational reasons ruled out

Pursuant to § 7 of the TV COVID, employees who are on short-time work may not be dismissed for operational reasons during the short-time work and for a period of three months after the end of the short-time work.

Furthermore, employees whose fixed-term employment contract was not extended due to short-time work are to be rehired as a matter of priority after the end of short-time work if originally existing jobs that were cut as a result of short-time work are re-created.

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