Franz & Wach is a member of the BAP (Bundesarbeitgeberverband der Personaldienstleister) and applies the BAP/DGB collective agreement.
(§ 2 ERTV BAP)
Employees shall be classified in a pay group of this collective agreement on the basis of their predominant activity. The classification shall be based exclusively on the activity actually performed (§ 2.1 ERTV BAP).
Insofar as the characteristics of a remuneration group are based on a specific vocational training course, but the employees have not undergone such training, they shall nevertheless be classified in this remuneration group if their activities meet the requirements of this group. They may also have acquired the knowledge and skills by other means.
Professional qualification without exercising the activities does not justify a higher grouping (§ 2.2 ERTV BAP).
(§ 3 ERTV BAP)
Employees are to be classified in one of the following pay groups in accordance with their actual predominant activity. The respective job descriptions are decisive for the classification.
Since November 1, 2012, industry surcharge collective agreements (TV BZ) have successively come into force. In the collective agreements between the respective collective bargaining parties, the gap between the collective wages in temporary staffing and the industries in which they are employed was thus reduced.
The industry surcharge is a percentage rate based on the duration of the assignment, which is added to the collectively agreed hourly wage. It is payable if a temporary worker is deployed for more than four or six weeks in one and the same customer company in certain sectors. The amount of the surcharge increases with the duration of the assignment in the same customer company.
Together, we are working hard for fair working conditions in the temporary staffing industry - and have been doing so in social partnership with the German Federation of Trade Unions (DGB) for over 15 years. For example, in 2012 - even before the introduction of the statutory minimum wage - our industry introduced a generally binding minimum wage for temporary staffing based on Section 3a of the German Temporary Employment Act (AÜG). It is identical to the lowest pay level in the collective bargaining agreements for temporary staffing and applies to all temporary employees working in Germany.
The wage floor is agreed between the Verhandlungsgemeinschaft Zeitarbeit (VGZ), which consists of the two employers' associations BAP and iGZ, on the one hand, and the DGB-Tarifgemeinschaft Zeitarbeit, which includes all eight individual unions of the German Federation of Trade Unions, on the other.
According to the latest collective bargaining agreement of December 18, 2019, the collectively bargained Charges The parties to the collective agreement have agreed to propose to the Federal Ministry of Labor and Social Affairs that the hourly rates of pay agreed in this collective agreement for pay group 1 West and East be set as a binding lower wage limit within the meaning of Section 3a of the German Personnel Leasing Act (AÜG) in a statutory ordinance. This came into force on September 1, 2020 as the "Fourth Ordinance on a Lower Wage Limit for Temporary Employment" and is valid until December 31, 2022.
The Employee Posting Act (AEntG) enables the Federal Ministry of Labor and Social Affairs to set minimum standards in certain industries as mandatory working conditions for the employees working in the respective industry. This is done by means of legal ordinances or on the basis of collective agreements that have been declared generally binding. The mandatory working conditions regulated herein relate in particular to wages (minimum wage), vacation entitlement, occupational health and safety, and the conditions for hiring out workers.
If temporary workers are predominantly employed in activities in corresponding industries for which mandatory working conditions have been laid down in accordance with the Employee Posting Act, the temporary employment agency must also grant them at least these mandatory working conditions in accordance with Section 8 (3) AEntG. Therefore, the minimum wages of the industries covered by the AEntG may also have to be observed if these are higher than the lower wage limit in temporary employment.
The Financial Control of Clandestine Employment (Finanzkontrolle Schwarzarbeit) is responsible for checking compliance with the minimum wage and for penalizing minimum wage violations. Customs Administration responsible.
Here are the current minimum wages according to the Employee Posting Act (AEntg):