Industry surcharges pursuant to the collective agreement for industry surcharges for the metal and electrical industry (TV BZ ME)
As a precondition for the temporary employee’s entitlement to industry surcharges under a collective agreement for industry surcharges (TV BZ), the respective TV BZ must be applicable to the specific temporary employee. At present, the TV BZs are only relevant for temporary employees in industrial companies. (read more…) The following explanations are based on the example of the collective agreement for industry surcharges for the metal and electrical industry (TV BZ ME).
The TV BZs are generally applicable to the entire German territory.
The collective agreement is only valid for employees who work as temporary employees at a customer. Self-employed persons or employees working on the basis of a contract to produce a work are not covered. The type of activity (commercial or industrial) of the temporary employee is irrelevant. This means that an office employee working in an industrial company is also entitled to industry surcharges.
Types of work covered
This parameter defines the industrial companies to which the TV BZ applies. For instance, sec. 1 no. 2 TV BZ ME provides that the relatively high surcharges according to TV BZ ME are only applicable to work at companies in the metal and electrical industry. The TV BZ ME must be applied by all temporary employment agencies that apply the iGZ/BAP‑TV because the TV BZs form part of the sets of collective agreements of iGZ and BAP. Temporary employment agencies are not obliged to apply the TV BZ ME if they assign their employees on the basis of equal treatment principles and if they have not agreed to the iGZ/BAP collective agreements with their employees.
To sum up
- The only relevant criterion is the industry to which the company A company is characterised, for instance, by organisational independence and an independent operative purpose pursued by it.
- Secondary, ancillary and other dependent company parts are always deemed to be part of the main company.
- The industry to which a company belongs is determined by its purpose rather than the activities of its employees.
- The relevant parameter of mixed operations is the main activity pursued by the employees.
- No surcharges are paid for work at crafts businesses.
- Is there any doubt regarding the industry to which the customer belongs? This is the only case where the collective agreement actually applied matters (exception: The TV BZ for the chemical industry must always be applied if the customer already applies the collective agreement for the chemical industry).
Determination of the industry surcharge (based on the example of the TV BZ ME)
The industry surcharge amount is calculated on the basis of the duration of the assignment to a customer’s company and the following percentages which are added to the base wage that results from the respective remuneration group (E1‑E9).
Taking the concrete example of the TV BZ ME, sec. 2 TV BZ ME means:
|TV BZ for the metal and electrical industry|
|Surcharge level||E 1‑9|
|7th week and after||15%|
|4th month and after||20%|
|6th month and after||30%|
|8th month and after||45%|
|10th month and after||50%|
|16th month and after||65%|
Pursuant to sec. 2 (2) TV BZ ME, the surcharge is paid for work at the customer’s company. If the temporary employee is assigned to the company of another hirer, the calculation of the assignment periods for calculating the amount of the industry surcharges starts from zero again.
However, if the temporary employee changes between companies belonging to the same hirer, the assignment periods are cumulated.