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).

Territory

The TV BZs are gen­er­al­ly applic­a­ble to the entire Ger­man territory.

Employees covered

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.
(Please note: iGZ and BAP have merged to form the Gen­er­al Asso­ci­a­tion of Per­son­nel Ser­vice Providers (GVP). How­ev­er, the col­lec­tive agree­ments of iGZ and BAP con­tin­ue to exist under their respec­tive names.)

To sum up

• The only rel­e­vant cri­te­ri­on is the indus­try to which 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:

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.