Between
Technische Universität Carolo-Wilhelmina zu Braunschweig,
Represented by the President,
and the
Comprehensive Staff Council (Gesamtpersonalrat) of Technische Universität Carolo-Wilhelmina zu Braunschweig,
Represented by the Chairperson,
in accordance with § 78 and in conjunction with § 66 (1) No. 1 NPersVG (Niedersächsisches Personalvertretungsgesetz [Lower Saxony Staff Representation Act]) and § 40 No. 3 to § 6 TV-L (Tarifvertrag für den öffentlichen Dienst der Länder [Collective Bargaining Agreement for the Public Service of the States]) the following
at Technische Universität Carolo-Wilhelmina zu Braunschweig is concluded:
The introduction of self-managed working hours for academic staff at Technische Universität Carolo-Wilhelmina zu Braunschweig is intended to take into account the unique nature of academic work. Self-managed working time plays an important role in better accommodating the operational needs of a modern and effective academic institution. It also gives employees greater control over their time and improves the conditions for balancing work with family and personal life. This increase in flexibility is accompanied by an increase in responsibility—not only for individuals but also for supervisors—because the possibilities for independent management of working hours reach their limits when the smooth flow of work can no longer be guaranteed.
This TU Braunschweig/Staff Council Agreement (hereinafter also referred to as staff council agreement) applies to academic and artist staff and to instructors for special purposes (§ 21 (1) No. 3 and No. 4 of the NHG (Niedersächsisches Hochschulgesetz [Lower Saxony Higher Education Act])/§ 31 and § 32 of the NHG).
(1) Occupational safety and health regulations, in particular the Lower Saxony Ordinance on Working Hours for Civil Servants (Niedersächsische Verordnung über die Arbeitszeit der Beamtinnen und Beamten—Nds.ArbZVO), the Working Time Act (Arbeitszeitgesetz—ArbZG), Act on the Protection of Young People at Work (Jugendarbeitsschutzgesetz—JArbSchG), Maternity Protection Act (Mutterschutzgesetz—MuSchG), Social Code IX —Rehabilitation and Participation of Persons with Disabilities (Sozialgesetzbuch IX - Rehabilitation und Teilhabe behinderter Menschen—SGB IX), and the Lower Saxony Equality Act (Niedersächsisches Gleichberechtigungsgesetz—NGG) as well as the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz—AGG) remain unaffected by this staff council agreement.
(2) The institutions and employees of Technische Universität Braunschweig are expected to comply with these provisions. Employees have to ensure that they adhere to the working time established by law or collective bargaining agreements.
(1) For the group of persons specified in § 1, unless otherwise agreed upon in individual cases, the self-managed working time will apply in accordance with the following provisions.
(2) Employees will independently determine the individual distribution of their working hours (start and end times, including breaks), in accordance with occupational safety regulations (see § 2), operational and work-related considerations, and the provisions of this staff council agreement.
(3) Employees are required to work the contractually agreed-upon hours and to promptly inform their supervisors of any unforeseen delays in meeting work objectives.
(4) The foregoing provision regarding individual working hours is subject to the supervisor’s authority to issue instructions, to the extent and for as long as such instructions are justified by operational reasons. The requirement to attend regular staff meetings or work-related appointments (e.g., classes, scheduled office hours) restricts employees’ freedom to manage their own time. Work assignments generally have to be given—in terms of scope and completion deadline—in such a way that they can be completed within the framework of the provisions of § 4.
(5) Working hours that exceed the standard daily working hours are generally compensated for by employees on their own initiative, taking into account operational requirements.
(1) The generally applicable working hours are set from 6:00 a.m. to 8:00 p.m.
(2) The average workday for employees may not exceed 8 hours. On individual days, employees may work up to 10 hours, provided that the average workday does not exceed 8 hours over a 24-week period. Work exceeding 10 hours on a single day is permitted only in exceptional cases as defined in § 14 of the Working Time Act (Arbeitszeitgesetz/ArbZG); the supervisor has to note the specific exception on the monthly time sheet. Work may not exceed 12 hours. Hours worked after 8:00 p.m., outside the general working time may only be credited if the supervisor provides a verifiable justification in writing. For civil servants, Section 4 of the Lower Saxony Working Hours Ordinance for Civil Servants (Nds. ArbZVO) applies; civil servants should not work more than 10 hours per day and are not permitted to work more than 12 hours per day.
(3) For female employees covered by the MuSchG (Mutterschutzgesetz [Maternity Protection Act]) and employees covered by the JArbSchG (Jugendarbeitsschutzgesetz [Act on the Protection of Young People at Work]), the daily working hours may not, as a general rule, exceed 8.5 hours.
(4) Extra hours of work or overtime may only be incurred if they are ordered by the employer and documented by the employees. Supervisors and employees have to ensure that requests for approval are submitted to Department 12 in a timely manner before performing extra work or overtime. Authorized extra hours of work or overtime may be compensated with time off or, in exceptional cases, with pay.
(5) The target working hours, which serve as the basis for calculating working time, amount to one-fifth of the regular weekly working hours per day for full-time employees and are generally to be worked over five workdays from Monday through Friday. If the weekly working hours for part-time employees are spread over fewer than five days, the target working hours are calculated accordingly. Different arrangements are possible, provided they comply with working time regulations. If necessary for business reasons, work may also be performed on Saturdays.
(6) Paragraph (1) applies mutatis mutandis to part-time employees whose reduced working hours are distributed evenly across the workdays of the week. If working hours are distributed unevenly across the workdays of the week, the calculation of time credits or time deficits have to be based on the reduced weekly working hours, which may be further reduced to account for the time corresponding to legally recognized weekly holidays. In addition, the daily target working hours are defined as the working hours set for each day.
(1) Breaks are not counted as working time. If the workday is longer than six hours but no longer than nine hours, the work have to be interrupted by rest breaks of at least 30 minutes. If the daily working hours exceed nine hours, work has to be interrupted for at least 45 minutes. These breaks may be divided into periods of at least 15 minutes each. Employees may not work for more than six consecutive hours without a break. For civil servants, a break may be postponed only for urgent official reasons.
(2) The legally required minimum break of 30 or 45 minutes is not considered working time even if it is not taken.
(1) In general, time tracking is not required. However, employees are required to document in writing all hours worked that exceed ten hours per day or that are worked on non-working days, Sundays, or holidays (§4 (2)).
(2) Records have to be retained at the facilities for a period of at least two years as evidence for audit purposes by internal or external entities.
(3) The records are reviewed through regular spot checks conducted by the appropriate supervisors. Documentation of these reviews also has to be retained at the facilities for at least two years.
(4) The provisions regarding employees’ documentation obligations under statutory requirements (e.g., the Act Regulating the General Minimum Wage (Gesetz zur Regelung des allgemeinen Mindestlohns—MiLoG)) or the requirements for separation calculation remain unaffected by this.
Work in general has to be performed at TU Braunschweig. Supervisors may allow their employees to perform tasks outside of TU Braunschweig. A prerequisite for this is that the tasks are suitable for completion outside the workplace and that occupational safety and data protection requirements are met. Before starting outside work as defined herein, written approval has to be obtained from the supervisor. The consent has to be filed in the records of the respective institution. As a general rule, the scope should not exceed four times the individual's weekly working hours per year. Due to the limited amount of time involved, this does not constitute telework as defined in Staff Council Agreement No. 31. There is no entitlement to workplace equipment.
(1) This agreement will enter into force on July 1, 2015. It may be terminated with three months' notice effective at the end of the year. In the event of termination of this staff council agreement, it will remain in effect until a new staff council agreement is entered into. At the same time, Staff Council Agreements No. 12 of December 19, 1985, No. 16 of October 30, 1991, No. 20 of April 29, 2003, and No. 21 of May 6, 2008, are hereby rescinded.
(2) For institutions or parts of institutions to which Staff Council Agreement No. 16 (Fixed Working Hours) has applied to date, the institutions’ executives may determine when the transition to self-managed working hours is to take place. The new provisions of this staff council agreement will take effect no later than six months after this staff council agreement enters into force. If fixed working hours are to remain in place at the facility or in parts of the facility, a request has to be submitted to Department 31 within the time frame specified above. This decision is subject to the approval of the appropriate staff council.
(3) If any provision of this agreement conflicts with a higher-ranking law, the validity of the remaining provisions will remain unaffected. The parties agree to replace any invalid provision with a valid provision that most closely corresponds to it.
(4) The agreement will be published by the management of TU Braunschweig in an appropriate manner in accordance with § 78 (2) NPersVG.
Braunschweig, June 8, 2015
Technische Universität
Carolo-Wilhelmina zu Braunschweig
The President
Comprehensive Staff Council
of Carolo-Wilhelmina zu Braunschweig
The Chairperson